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CC 10-04-04
(I
CUPEIQ1NO
AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, October 4, 2004
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
I. Proclamation recognizing the Cupertino National Little League Junior All-stars.
(No documentation in packet).
2. Proclamation acknowledging Simon Leong as a 2004 recipient of the Business
Community Bridge Award. (No documentation in packet). (This item was continued
from 9/20/04).
3. Proclamation acknowledging retired librarian Gail Hugger. (No documentation III
packet). (This item was continued from 9/20/04).
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
-~~--'-----'----"'-'~-----'-
October 4, 2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 2
4. Approve the minutes from the September 20 City Council meeting. (To be distributed
underseparatecove~.
5. Adopt resolutions accepting Accounts Payable for September 17 and September 24,
Resolution Nos. 04-411 and 04-412.
6. Adopt a resolution accepting Payroll for September 24, Resolution No. 04-413.
7. Accept the Treasurer's Budget Report for August 2004.
8. Adopt resolutions supporting the local School District Measures on the November 2,
2004 ballot:
a) Cupertino Union School District's Measure 0, Resolution No. 04-414
b) Fremont Union High School District's Measure L, Resolution No. 04-415
c) Sunnyvale School District's Measure P, Resolution No. 04-416
9. Accept municipal improvements for GB Estate Homes, LLC, 10690 South Stelling Road,
APN 359-22-067 (No documentation in packet).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
10. Consider adopting a resolution abating a public nuisance (excessive un-containerized
garbage, garbage, furniture, tools, lumber, recyclables, and appliances in view of the
public right of way) at 10240 Johnson Avenue, APN 375-25-062, Mike and Julie
Jacobson property owners, Resolution No. 04-417.
11. Consider adopting a resolution abating a public nuisance (excessive un-containerized
garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk) at
20091 La Roda Court, APN 369-34-030, E.C. and Colleen P. James property owners,
Resolution 04-418.
12. Application(s) U-2004-1O and ASA-2004-l4; Mike Rohde (Vallco Shopping Center);
10123 and 10150 N. Wolfe Rd. APN(s) 316-20-037, 316-20-038, 316-20-062, 316-20-
063:
a) Approve a use permit to construct 204 residential units and a parking structure
(This item was continued from 9/20/04).
October 4, 2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 3
b) Approve architectural and site approval for 138,760 square feet of new retail
space, 204 residential units and a parking structure (This item was continued from
9/20/04).
PLANNING APPLICATIONS
13. Approve Application No. M-2004-07, a modification to Use Permit (U-2003-04) and
Tentative Map (TM-2003-02) to construct a 107-unit condominium project and 6,450
square feet of new retail space, Jane Vaughan (Menlo Equities), 10050 N. Wolfe Road,
APN(s): 316-20-084.
UNFINISHED BUSINESS
14. Consider adopting a resolution approving the 2004-2005 Citizens' Option for Public
Safety (COPS) grant funding program. Utilize these revenues to add back a second
School Resource Officer (SRO) position for up to nine months for the 2004-05 school
year through a partnership with the City of Cupertino, the Cupertino Union School
District (CUSD), and the Fremont Union High School District (FUHSD). Additional
monies have been requested from the Rotary Club of Cupertino, Resolution 04-419.
NEW BUSINESS
15. Review and reject all bids submitted for the Storm Drain Catch Basin Cleaning, Project
No. 2004-07.
16. Receive the Certificate of Sufficiency for three initiative petitions and provide direction
to staff.
17. Authorize the City Manager to execute an Amendment to the Joint Funding Agreement
with other Santa Clara County cities to update the current scope and authority of the
Silicon Valley Regional Interoperability Project.
18. Receive a resignation letter from Telecommunications Commissioner David Eggleston,
and post an amended vacancy notice.
19. Receive a report on commissions and committees with terms expiring January 15,2005,
and select an application deadline date of December 28 and interview dates of January 10
and 11,2005.
ORDINANCES
20. Conduct the second reading of Ordinance No. 1946: "An Ordinance of the City Council
of the City of Cupertino Rezoning a 7.5-Acre Site From Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development
(General Commercial, Light Industrial, Hotel, Regional Shopping, Residential)."
October 4, 2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 4
21. Conduct the second reading of Ordinance No. 1947: "An Ordinance of the City Council
of the City of Cupertino Modifying a Development Agreement (I-DA-90) to Encompass
the Development Proposed in U-2004-1O and ASA-2004-14 for 138,760 Square Feet of
New Retail Space, 204 Residential Units and a Parking Structure."
22. Conduct the second reading of Ordinance No. 1948: "An Ordinance of the City Council
of the City of Cupertino Amending Sections l8.28.040A and l8.28.050C of the
Cupertino Municipal Code Relating to Vesting Tentative Maps."
STAFF REPORTS
COUNCIL REPORTS
CLOSED SESSION
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
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, September 20, 2004
PLEDGE OF ALLEGIANCE
At 6:50 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 (7:10 p.m.), 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, Parks and Recreation Director Therese Smith, City Planner Cynthia
Wordell, Web Specialist Nidhi Mathur, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Proclamation acknowledging retired librarians, Bonnie Wong and Gail Hugger.
Mayor James presented the proclamation to librarian Bonnie Wong. Gail Hugger was not
able to attend.
2. Proclamation recognizing the Cupertino National Little League Major Cardinals and
Cupertino National Little League II Year-old All-Stars. (No documentation in packet).
Mayor James presented proclamations to the two teams, their coaches and their managers.
3. Proclamation to Simon Leong as a 2004 recipient of the Business Community Bridge
Award.
Mr. Leong was not able to attend, and this item was continued.
;;. /
September 20, 2004
Cupertino City Council
Page 2
4. Proclamation presented to the Santa Clara County Sheriff's Department and the Santa
Clara County Fire Department in recognition of the third anniversary of9/11
Mayor James presented the proclamation to representatives from the Sheriff s
Department and the Fire District. Sheriff Laurie Smith and Deputy Fire Chief Hal
Rooney accepted the proclamations on behalf of their employees.
POSTPONEMENTS
Item No. 14 was tabled.
WRITTEN COMMUNICATIONS
The City Clerk reported that two letters were received for item No. 12.
ORAL COMMUNICATIONS
Robert Levy discussed the timing and purpose of City Council study sessions, and said that not
only does it give Council a chance to learn about things in more detail, it also can be used as a
means to give early warning to developers about the direction of their projects.
CONSENT CALENDAR
Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of item No.5, which was pulled for discussion. Vote: Ayes:
James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
6. Adopt resolutions accepting Accounts Payable for September 3 and 10, Resolution Nos.
04-402 and 04-403.
7. Adopt a resolution accepting Payroll for September 10, Resolution No. 04-404.
8. Adopt a resolution amending Resolution No. 02-167 which established a Cupertino Teen
Commission to appoint at least one person from each public middle school and public
high school, if possible, Resolution No. 04-405.
9. Adopt a resolution accepting an Improvement agreement for Bhopinder Matharu, 21828
Alcazar Avenue, APN 357-14-050, Resolution No. 04-406.
10. Adopt a resolution accepting a Grant of easement, roadway for Bhopinder Matharu,
21828 Alcazar Avenue, APN 357-14-050, Resolution No. 04-407.
II. Approve a request from the Library Foundation to keep the Quinlan Community Center
open past II p.m. on December 31, 2004, for a New Years Eve party.
1./ _ ?
geptember 20, 2004
Cupertino City Council
Page 1
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
5. Approve the minutes from the August 31 and September 7 City Council meetings.
K wok/Sandoval moved and seconded to approve the minutes, with August 31 amended to
reflect wording by Council member Kwok on page 5-3 and September 7 amended to
correct the Call to Order section. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and
Wang. Noes: None. Absent: None.
PUBLIC HEARINGS
12. Application(s) Z-2004-0l, U-2004-1O, ASA-2004-l4, M-2004-06, EA-2004-11; Mike
Rohde (Vallco Shopping Center); 10123 & 10150 N. Wolfe Rd. APN(s): 316-20-037,
316-20-038,316-20-062,316-20-063
a) Grant a mitigated negative declaration
b) Approve the rezoning of a 7.5-acre site from Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping) to Planned
Development (General Commercial, Light Industrial, Hotel, Regional Shopping,
Residential)
Conduct the first reading of Ordinance No. 1946: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 7.5-Acre Site From Planned
Development (General Commercial, Light Industrial, Hotel, Regional Shopping)
to Planned Development (General Commercial, Light Industrial, Hotel, Regional
Shopping, Residential)."
c) Approve a use permit to construct 204 residential units and a parking structure
d) Approve architectural and site approval for 138,760 square feet of new retail
space, 204 residential units and a parking structure
e) Approve a modification of a Development Agreement (l-DA-90) to encompass
the development proposed in U-2004-1O and ASA-2004-l4
Conduct the first reading of Ordinance No. 1947: "An Ordinance of the City
Council of the City of Cupertino Modifying a Development Agreement (l-DA-
90) to Encompass the Development Proposed in U-2004-10 and ASA-2004-14 for
138,760 Square Feet of New Retail Space, 204 Residential Units and a Parking
Structure."
The City Clerk distributed the following correspondence: (I) An email from Michael
Pyle urging rejection of these items and asking that they be sent back to the Planning
Commission; and (2) A letter from Ron Moore asking that the project no building height
increases be allowed.
4- '3
geptember 20, 2004
Cupertino City Council
Page 4
Community Development Director Steve Piasecki reviewed slides regarding the
de~elopment agreement, and City Planner Cynthia Wordell reviewed slides on the site
plan, the remaining design issues, traffic and pedestrian circulation, and landscaping and
tree removal.
Project Architect Kirk Ellis presented slides of the site plan, discussed the project in
detail, and answered Council's questions.
Barry Coate, the City's consulting arborist, said that the roots on the ash trees had been
cut because their tree boxes were too small, and as a result the trees were badly damaged
and had thin canopies with little foliage on top. He said that taking this opportunity to
replace the damage trees and provide only a single row would be a way to create Fire
Department access to the new buildings.
Robert Levy, Wilkinson Drive, asked why Menlo Properties was required to provide park
space or park in-lieu fees for their project, and this developer was not required to do the
same. He also said he felt that the amount of parking per unit was insufficient, especially
if the residents were families with children, and he asked if they would be rental units or
for-sale units.
Al DeRidder, Anne Lane, said the project needs more green space. He said that the lower
floor of Vallco is almost completely vacant, as is some of the upper floor, and it seems
that they cannot fill up what they have and yet they are adding more retail space in this
project. He said the parking seems insufficient for the residents, the parallel parking
would impact bicyclists, and he was opposed to the increased density.
Ron Walker, Anne Lane, said he liked the look of the project, but felt Council should
reconsider the overall density of the three projects in that area [Val1co, HP, and Menlo
Properties]. He said there would be a major impact on traffic, and he also believed there
would be a negative impact on the elementary school.
Dennis Whittaker said this project did not have sufficient access to fresh air and
recreation areas, and asked if the fire trucks will be able to get into and out of the
driveways. He was concerned about traffic congestion and backups at the intersection of
Vallco and Wolfe, and suggested that Wolfe Road go completely underground. He also
questioned the reports that said the schools could handle the extra students, because the
same thing had been said about the Seven Springs development and there had been a
major impact.
Wordell clarified that each unit would have two parking spaces provided, which are
exclusive to the residential project, plus there would be additional parking for guests.
The retail section would have one parking space for every 248 square feet.
Jennifer Griffin, Calvert Drive, was opposed to the removal of the ash trees on Wolfe Rd.
and Vallco Parkway because they were a hallmark of the shopping center. She believed
the existing trees could be saved and wanted to keep the double row. She was also in
favor of a high-tech park use on the HP property.
Lj-~
geptember 20, 2004
Cupertino City Council
Page 5
Mark Bums, representing the Cupertino Chamber of Commerce, said that a lot of thought
has gone into the plans for Val1co, and the Chamber fully supports this project. He said
that a balance must be found between meeting residents' needs, improving City revenues,
and encouraging business.
Lowenthal said he felt that the housing project should not be started until the theaters
have been finished, because they were so important to revitalizing the mall. He agreed
that two rows of ash trees should be kept, and felt there were inadequate courtyards and
green space. He suggested lowering the density to 180 units. He also suggested that
future Vallco projects should be noticed to the whole city. He thought the parking ratios
were fine, and in retrospect, he thought the Council might have to reconsider more open
space for the HP concept that was discussed at an earlier meeting.
Wang agreed the theater should come in first. She referred to the arborist's report that
said the only way to remove the risk from trees was to remove all trees, and said that the
community must understand there was a good reason to remove and replace the existing
ash trees. She discussed the cumulative impacts of traffic on the intersection Levels of
Service and said that further study may be needed to identify some solutions. She also
was concerned about the lack of sufficient park space, and was in favor of all three
projects creating a shared recreational space as well as a small indoor site, such as indoor
Ping Pong. She encouraged better pedestrian and bicycle access. Wang also said that the
school district statistics may be out of date and suggested they review the impacts again.
Mike Rohde, Vallco General Manager, was asked to comment on the current activity at
Val1co. He explained that the previous mall owners had either relocated tenants or not
renewed leases on the lower floor because earlier plans were to convert those stores to
parking. The new owners have different plans that include adding a third-story movie
theater, but they have not yet finished the structural upgrades that may affect the lower
level. He explained that Sears and Penney's own their properties, and the Vallco owners
are negotiating agreements with a theater group as well as with those two anchor stores.
He asked for the Council's trust and support as they work through this complex
negotiation, because the residential use is vital for providing economic support for the
theaters.
Todd Stoutenborough, P& R Architects, said his firm had been hired by a theater operator
to develop the plans, and they have already hired structural engineers, and they expect to
get permits for work to begin on the lower level very soon. He said that it was crucial to
have City cooperation when developing reciprocal agreements among all the department
store property owners.
Kwok said he was satisfied with the density, and there will be park dedication fees paid
as a part of this project. He said that lowering the density would allow more open space
but the trade-off is higher development fees, and it may be better to create a recreation
space for the three new developments in the area to share. He said he was satisfied with
the school district's statement that they could accommodate the needs of this new project.
J!_ S
geptember 20, 2004
Cupertino City Council
Page 6
He talked about how this project was important to the City's economic vitality. He also
suggested keeping the ash trees if possible because they are a landmark of the area.
Sandoval concurred that the double row of ash trees should be retained on Wolfe Road.
She said there is some value in considering the theater as a community benefit. She
agreed that it was important to provide expanded notice on the Vallco and HP projects,
and asked that, whenever these are heard, staff provide an update on the progress of the
Menlo Properties project. She said that the project may be more attractive to future
residents if there is more consolidated green space, and reminded the staff that park fees
do not always have to go to pay back earlier debt but could be used to purchase land for a
new park. She said she was satisfied with the school district evaluation of the increases
in students, because they use experts to do their statistical analysis.
James concurred that the school evaluations were sufficient and said that they do perform
a cumulative study. James talked about the importance of the new retail uses to the City,
and said that the Council has made the mistake before of holding up one developer by
asking them to work in conjunction with another, and lost both projects as a result. She
said it was fortunate that Vallco was now owned by local business people, and felt the
City should proceed with the zone change. She said she would like to keep the double
row of ash trees ifit is feasible, and she suggested a skate park as a recreation area. James
said she liked the mural idea and suggested that local schools and colleges have an
opportunity to participate.
Council members further discussed the idea of linking the theater project to the
residential project. Community Development Director Steve Piasecki suggested that the
Council hold first readings on the development agreement and zone change, and continue
the rest of the items for two weeks. He said that interested Council members could then
meet with the applicants regarding the theater-residential link, other options to create
internal open space, consider options to retain trees and meet fire safety needs, and
enhancements to the bicycle and pedestrian connections.
Lowenthal/Sandoval moved and seconded to grant a mitigated negative declaration. Vote:
Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
The City Clerk read the title of Ordinance No. 1947. SandovallKwok 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.
The City Clerk read the title of Ordinance No. 1946. SandovaVLowenthal 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.
Lj-ú
September 20, 2004
Cupert:no C;ty counca
Page'
SandovallKwok moved and seconded to continue the use pennit application and the
architectural and site approval to the next meeting, and asked that staff meet with the
applicants in the meantime. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang.
Noes: None. Absent: None.
PLANNING APPLICATIONS - None
RECESS -10:20 p.m. to 10:33 p.m.
UNFINISHED BUSINESS
13. Authorize the release of the draft General Plan. (This item was continued from July 19).
Community Development Director Steve Piasecki reviewed the staff report. He clarified
that this was the plan created by the General Plan Task Force and had not been adopted
by the city. He explained that staff would be add an Initiative Alternative to the document
matrix in the event that the Initiatives pass. He said that the City Attorney advised the
Council to adopt this alternative so that the General Plan would be consistent with the
Initiatives if they do pass, and so the public can see what the impacts would be.
Mayor James clarified that Council would only discuss the format, the content, the
understanding, and usability of the document this evening, and the debate on the issues
themselves would follow once the document goes to a public hearing.
Piasecki said that draft Initiative studies had been included in the packet.
City Planner Cynthia Wordell said that the next steps would be to prepare and approve a
schedule for the Planning Commission community meetings and public hearings, which
would begin by the end of October or early November. She said that the Planning
Commission would look at the whole document and recommend a final draft to Council
for adoption.
James suggested adding under the Minority Report that they agree with the
Administrative Draft in order to fit better with the matrix. She asked any Minority Report
signers to comment on that idea.
Kwok asked the City Attorney to explain the pros and cons of moving forward with the
General Plan Amendment in light ofthe Initiatives.
City Attorney Charles Kilian said it was important to proceed with the General Plan,
including the Initiative Alternative, so that public hearings could take place before any
election, so that if the Initiatives pass, then the General Plan would already be in
conformance, and if they didn't pass, then no time would be lost with the General Plan.
4-7
geptember 20, 2004
Cupertino City Council
Page g
Sandoval said she found the Task Force draft General Plan to be cumbersome. She
requested that the web site be designed to bring up one chapter at a time, that dates be
included in the header or footer, and the "hot topics" section be broken out. Web
Specialist Nidhi Mathur said that she would work with staff to be sure the document is
readable and broken up into pieces that are easy to download.
James said that she had asked staff to gather information over the last four years, from
January 2001 to September 2004, to show the residential, commercial, and retail projects
that have been approved by Council. She concluded that over the last four years, Council
hasn't approved anything over three stories. She said that she had also asked staff to look
at how many exceptions Council had granted. She concluded that in 2001, one exception
was granted; in 2002, two exceptions were granted; in 2003, one exception was granted;
and in 2004, two exceptions were granted.
Robert Levy said he agreed with the comment on the Minority Report that the
Administrative Draft was better than the Task Force draft. He said the problem with the
final Task Force draft is the definition of affordable housing, less emphasis on
walkability in Cupertino, and the idea that high-density units would attract people
without children. He wondering ifthat's what Cupertino really wants.
Jody Hansen, Chief Executive Officer of the Chamber of Commerce, said the Chamber
was not in favor of adding the Initiative Alternative to the draft. She said that there is
already a professional planning process in place and that the process shouldn't be
circumvented on the demands of a few citizens. She said that input from the community
was important, but that the General Plan process should stay on track with its public
hearing process, and the Concerned Citizens of Cupertino (CCC) members could
participate like other citizens.
Rod Brown agreed with Mayor James' suggestion to add under the Minority Report that
they agree with the Administrative Draft. He said he thought that suggestion would
accurately reflect the views of those who signed that report.
Dennis Whittaker asked staff to confirm or deny that the Hunter Storm Town Center
development had three stories, but they altered the roof-line slope to be able to add a
fourth floor. Wordell confirmed that the development is three and a half stories and said
that this fact would be shown in the plans.
Sandoval said that this improved document was a good place to begin community
discussion on the options, including the Administrative Draft, the Task Force draft, the
existing General Plan, the Minority Report ideas, and the new Initiative Alternative. She
said that the General Plan shouldn't be so strict and rigid so as not to be able to anticipate
what would be needed in the future. She said that the protection of existing single-family
neighborhoods should be expounded on as much as possible. She said that the Initiative
LI_ 5
geptember 20, 2004
Cupertino City Council
Page 9
process is jumping the gun on the General Plan process and she wouldn't be in favor of
adding a column to the matrix regarding the Initiatives. She said the General Plan and the
Initiatives are two very different processes and suggested sticking to the original matrix
without the Initiative Alternative.
Kwok said that this document reflects the community's input and that moving forward
with the draft General Plan shows the Council's strong commitment to the community.
He said he agreed with Sandoval to not put in an additional column addressing the
Initiatives. He said the intent of the people supporting the Initiatives is good, but the
process is wrong. He said that the General Plan process should be the only focus right
now and that it was importaßt to receive more input from the community.
Wang acknowledged staffs efforts in putting together Council's concerns and said that
this document was easier to follow. She said that it was important to keep moving the
General Plan process along regardless of the Initiatives.
Lowenthal said he agreed with the suggestion to treat the Initiatives separately and to
continue on with the General Plan process. He said it was easier to follow the document
in the matrix, summary format rather than text, and suggested that staff give the Planning
Commission just the hot topics matrix to work with and come back with their
recommendations.
James thanked staff for putting the three separate documents into a matrix format to work
with. She said that it was important to have both the graph and the text formats. She said
she liked the "hot topics" area and the photographs of the different developments in
Cupertino, and suggested that addresses be included. She said that this document was
difficult to read online, and asked how people could obtain hard copies. Wordell said that
the City sold the Task Force draft for $25.00 and with the attachments, it would cost
about $35.00. The public could visit the City's website for information on how to get the
document or call the Planning Department.
James said that it was important to have the Initiatives studies section, but that the City
shouldn't publish the CCC's information for them, and that it was important to keep the
General Plan process separate from the Initiatives. .
James asked whether Council wanted the Initiative Studies to be included in the
document.
Lowenthal suggested that steps should be taken regarding the Initiative Studies after the
Registrar of Voters confirms if there were sufficient signatures on the petition,
presumably at the October 4 Council meeting. The rest of the Council concurred.
Sandoval suggested extending the timeline to include joint Planning Commission
meetings with the Bicycle Pedestrian and Housing Commissions so that they have more
of a say in the document.
Lj-C{
geptember 20, 2004
Cupertino City Council
Page 10
Lowenthal/Sandoval moved and seconded to authorize the release of the General Plan,
which includes the Task Force Draft, Task Force Minority Report, the "Hot Topics"
matrix and Background report, the Corrections document and the Environmental Impact
Report. Council also directed that the Planning Commission review the documents and
that they conduct joint hearings with any advisory body that has topics related to the
General Plan, and directed staff to bring back a schedule of those hearings by the second
City Council meeting in October.
NEW BUSINESS
14. Adopt a resolution supporting the West Valley-Mission Community College District
(WVMCCD) $235 Million Bond Measure H, Resolution No. 04-408.
This item was tabled.
15. Should the City Council commit the full $66,000 budgeted for the 2005 4th of July event,
or solicit matching donations from the community to offset a portion of the cost?
KwokILowenthal moved and seconded to spend funds in the budget on the 4th of July
fireworks for the same kind of event that was held in July 2004. Vote: Ayes: James,
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
Sandoval said that if service clubs, other groups or individuals in the community are
interested in doing some fundraising, the City would welcome their efforts.
16. Adopt a resolution approving a semi-rural designation to eliminate the requirement for
sidewalks on Carmen Road, north of Stevens Creek Boulevard, pursuant to Ordinance
No. 1925, Resolution No. 04-409.
Council member Kwok said that he lived in this area, and would abstain from
participation. He left the dais at that time.
Sandoval/Lowenthal moved and seconded to adopt Resolution No. 04-409. Vote: Ayes:
James, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Kwok.
17. Adopt a resolution setting the auction date of November 16, 2004 to auction surplus
property - Oak Valley lots, APN nos. 342-58-011, 342-59-013, and 342-59-002,
Resolution No. 04-410.
LowenthallKwok moved and seconded to adopt resolution No. 04-410. Vote: Ayes:
James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
18. Receive the resignation letter from Telecommunications Commissioner Sal Algeri and set
the application deadline and interview date to fill the unscheduled vacancy.
Council concurred to accept the resignation letter, set October 22 as the deadline for
applications and to conduct interviews on Nov. I at 5:30 p.m. Vote: Ayes: James, Kwok,
Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
4-1 C
September ~O, ~004
Cupert;no C;ty Counca
Page 11
19. Conduct the first reading of Ordinance No. 1948: "An Ordinance of the City Council of
the City of Cupertino Amending Sections l8.28.040A and 18.28.050C of the Cupertino
Municipal Code Relating to Vesting Tentative Maps."
The City Clerk read the title of the ordinance. LowenthaVSandoval 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.
20. Add a second School Resource Officer (SRO) position for up to nine months for the
2004-05 school year.
Council members discussed whether to fund the SRO for 8 months instead of 9, or to
investigate whether there were other projects for which the additional $110,000 grant
funds could be used. Sandoval said she would vote in favor of this because of the
importance of the SROs to the schools, but she felt that the school districts and their
foundations needed to know they have to step up and participate.
KwokILowenthal moved and seconded to approve adding the second School Resource
Officer position in an amount not to exceed $110,000 (or up to $120,000 if the Fremont
union High School District Foundation and/or Cupertino Education Endowment
Foundation Boards pledge $5,000 each). Vote: Ayes: James, Kwok, Lowenthal,
Sandoval, and Wang. Noes: None. Absent: None.
ORDINANCES
21. Conduct the second reading of Ordinance No. 1941: "An Ordinance of the City Council
of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to
Change the City Council Regular Meeting Dates to the First and Third Tuesdays of Each
Month."
Lowenthal/Wang moved and seconded to read the ordinance by title only, to make a
minor amendment to read "City Council meetings that fall on any Election Tuesday shall
automatically be moved to the first Monday of the month", and that the City Clerk's
reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal,
Sandoval, and Wang. Noes: None. Absent: None.
Lowenthal/Wang moved and seconded to enact Ordinance No. 1941. Ayes: James,
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
22. Conduct the second reading of Ordinance No. 1944: "An Ordinance of the City Council
of the City of Cupertino Amending Chapter 16.08 of the Cupertino Municipal Code,
Relating to Excavations, Grading and Retaining Walls, and Adding Winter Grading
Provisions."
LI _II
,
geptember 20, 2004
Cupertino City Council
Page 11
Lowenthal/Wang moved and seconded to read the ordinance by title only and that the
City Clerk~s reading would constitute the second reading thereof. Ayes: James, Kwok,
Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
Lowenthal/Wang moved and seconded to enact Ordinance No. 1944. Ayes: James,
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
23. Conduct the second reading of Ordinance No. 1945: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding
Weed Abatement."
Lowenthal/Wang moved and seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok,
Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
Lowenthal/Wang moved and seconded to enact Ordinance No. 1945. Ayes: James,
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
STAFF REPORTS
24. Receive a status report on the General Fund Revenue and Expenditures. (No
documentation in packet).
Administrative Services Director Carol Atwood reviewed a handout reflecting cash basis
current and prior year cash receipts. She said that sales tax is down because Anderson
Chevrolet has left the City, and they typically brought in $200,000-$400,000 in sales tax.
The cash receipts are up in other areas because the city raised those fees recently for
taxes, zoning and planning fees, etc. She said that Use of Money and Property is down
because the portfolio has been reduced as a result of construction. The intergovernmental
category is down because last year the state took $780,000 in motor vehicle license fees.
She said that for the first two months revenues are up $187,000 and the City is below
budget on expenditures by $45,000. However, the City had only budgeted for next year's
Council election and a special election for the initiatives would cost an additional
$370,000.
Council received the report and no action was taken.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
including the following: The Cupertino Community Services barbecue raised $57,000 and
honored the firefighters' response to the 9-11 attack; Simon Leong was honored for the Bridge
Award at the luncheon held at the new Dynasty Restaurant; the success of the recent moon
festival; the City's active participation in the recent League of California Cities conference which
L/-1d-
DRAFT
RESOLUTION NO. 04-411
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
SEPTEMBER 17, 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:
rP~~ a {J--f,.J/ I;) ,Ç)
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~ day of Oc tober , 2004, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
5-1
09/16/04 CITY OF CUPERTINO PAGCµ
ACCOUNTING PERIOD: 3/05 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans date between "09/13/2004" and "09/17/2004"
FUND - no - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDQR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 609461 V 07/23/04 M2005 APWA REGISTRATION 1108001 APWA CONGRESS 9/12-15 0.00 -1845.00
1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 45.38
1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 22.61
1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 22.61
1020 610535 09/17/04 4 A T · T 1108501 SEPT2004 STATEMENT 0.00 22.61
1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 22.61
TOTAL CHECK 0.00 135.82
1020 610536 09/17/04 7 ABAG PLAN CORPORATION 1104540 C. BARNETT BODILY INJY 0.00 1550.00
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108507 JULY/AUGUST 2004 0.00 270.09
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108503 JULY/AUGUST 2004 0.00 531.46
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108501 JULY/AUGUST 2004 0.00 923.63
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108509 JULY/AUGUST 2004 0.00 43.59
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108508 JULY/AUGUST 2004 0.00 40.78
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 5708510 JULY/AUGUST 2004 0.00 456.26
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108505 JULY/AUGUST 2004 0.00 172.76
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108504 JULY/AUGUST 2004 0.00 1499.40
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 5606620 JULY/AUGUST 2004 0.00 541.94
1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108506 JULY/AUGUST 2004 0.00 90.09
TOTAL CHECK 0.00 4570.00
1020 610538 09/17/04 13 ACME & SONS SANITATION C 5606640 FY 2004-2005 OPEN PURC 0.00 182.83
1020 610539 09/17/04 3210 AETNA 6414570 LONG TERM DIS. SEPT04 0.00 3382.49
1020 610540 09/17/04 26 AIR FILTER CONTROL INC 5708510 SUPPLIES 0.00 80.00
1020 610540 09/17/04 26 AIR FILTER CONTROL INC 1108513 SUPPLIES 0.00 11.03
1020 610540 09/17/04 26 AIR FILTER CONTROL INC 1108507 SUPPLIES 0.00 91.01
1020 610540 09/17/04 26 AIR FILTER CONTROL INC 1108505 SUPPLIES 0.00 91.01
TOTAL CHECK 0.00 273.05
1020 610541 09/17/04 2276 ALHAMBRA 1104510 BOTTLED DRINKING WTR 0.00 253.50
1020 610541 09/17/04 2276 ALHAMBRA 1104510 BOTTLED DRINKING WTR 0.00 106.65
TOTAL CHECK 0.00 360.15
1020 610542 09/17/04 2319 ALL CITY MANAGEMENT SERV 1108201 CROSSING GUARDS SEPT4 0.00 7786.89
1020 610543 09/17/04 44 AMERICAN RED CROSS 1104400 BOOKS 0.00 173.70
1020 610544 09/17/04 968 EAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 47.67
1020 610544 09/17/04 968 BAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 64.95
TOTAL CHECK 0.00 112.62
1020 610545 09/17/04 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURC 0.00 85.41
1020 610545 09/17/04 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURC 0.00 82.68
1020 610545 09/17/04 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURC 0.00 125.46
TOTAL CHECK 0.00 293.55
1020 610546 09/17/04 2933 BAY GLASS COMPANY 1108511 SUPPLIES 0.00 237.37
RUN DATE 09/16/04 TIME 07:58:07
- FINANCIAL ACCOUNTING
5"'~ol
09/16/04 CITY OF CUPERTINO PAGE 2
ACCOUNTING PERIOD: 3/05 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 610547 09/17/04 3050 VASANTHI BRAT 5506549 SERVICE AGREEMENT FOR 0.00 240.00
1020 610548 09/17/04 100 BMI IMAGING SYSTEMS 1104300 FY 2004-2005 OPEN PURC 0.00 450.09
1020 610549 09/17/04 M2005 BUI, THANH PHUNG no UNUSED NOTICE DEPOSIT 0.00 106.57
1020 610550 09/17/04 M Baratz, Linda 550 Refund: Check Class 0.00 60.00
1020 610551 09/17/04 M Bianchi, Jenny 550 Refund: Check Partia 0.00 21.00
1020 610552 09/17/04 133 CAL-LINE EQUIPMENT CO IN 6308840 SHARPEN BLADES A27223 0.00 80.00
1020 610553 09/17/04 127 THE CALIFORNIA CHANNEL 1103500 SEPT2004 PROGRAMMING 0.00 253.34
1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108509 7/22-8/19 0.00 263.69
1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108407 7/22-8/19 0.00 41BO.82
1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108314 7/22-8/19 0.00 3974.77
1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108508 7/22-8/19 0.00 48.70
TOTAL CHECK 0.00 8467.98
1020 610555 09/17/04 3231 CANON U.S.A., INC. 1108101 CANON MS-300 W/CAPTURE 0.00 4935.12
1020 610556 09/17/04 144 CASH 5606620 P.CASH 3/22-9/12 0.00 54.21
1020 610556 09/17/04 144 CASH 1106647 P.CASH 3/22-9/12 0.00 21.19
1020 610556 09/17/04 144 CASH 5806649 P.CASH 3/22-9/12 0.00 108.70
1020 610556 09/17/04 144 CASH 5606620 P. CASH 3/22-9/12 0.00 49.38
TOTAL CHECK 0.00 233.48
1020 610557 09/17/04 2646 CDW-G 6104800 SQL SERVER ORDER#H3151 0.00 1449.47
1020 610558 09/17/04 M CHAN, ANGIE 580 Refund: Check - FALL; 0.00 260.00
1020 610559 09/17/04 1580 CLARK'S AUTO PARTS . MAC 6308840 PARTS/SUPPLIES A27225 0.00 153.16
1020 610560 09/17/04 M CLOULEUR, JESSICA 580 RFDS 292705 & 292706 0.00 182.00
1020 610561 09/17/04 1312 COUNTRY CLUB CAR WASH 6308840 DETAIL #11 A27212 0.00 150.00
1020 610562 09/17/04 M2005 CREATIVE EVENT SOLUTIONS 1104400 REGILUCAS & RAMANICH 0.00 284.00
1020 610553 09/17/04 3121 CREATIVE GROUP 4259313 L.CLEMENT W/E 7/28 0.00 603.75
1020 610564 09/17/04 1407 CUMMING HENDERSON TIRE 6308840 FY 2004-2005 OPEN PURC 0.00 107.29
1020 610565 09/17/04 M CUNG. THU 580 Refund: Check - FALL: 0.00 65.00
1020 610566 09/17/04 194 CUPERTINO SUPPLY INC 1108314 FY 2004-2005 OPEN PURC 0.00 9.66
1020 610566 09/17/04 194 CUPERTINO SUPPLY INC 1108314 FY 2004-2005 OPEN PURC 0.00 6.58
TOTAL CHECK 0.00 15.24
RUN DATE 09/16/04 TIME 07:58:07
FINANCIAL ACCOUNTING
$"'-3
09/16/04 CITY OF CUPERTINO PAGE 3
ACCOUNTING PERIOD, 3/05 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 610567 09/17/0' 2230 NANCY CZOSEK 1101070 PC STUDY SESSION 0.00 53.65
1020 610568 09/17/04 3069 DA SILVA ENVIRONMENTAL 1108005 HAZ WASTE DISPOSAL 0.00 213 .50
1020 610569 09/17/04 2922 DAVE'S AUTO & FABRlCATIO 6308840 PARTS/SUPPLIES 0.00 7585.67
1020 610570 09/17/04 205 DAVID WELLHOUSE & ASSOC 1100000 CLAIMS FILED SUMMER04 0.00 3500.00
1020 610571 09/17/04 209 DE ANZA SERVICES INC 5606620 JANITORIAL SEPT2004 0.00 450.64
1020 610571 09/17/04 209 DE ANZA SERVICES INC 5606640 JANITORIAL SEPT2004 0.00 450.65
TOTAL CHECK 0.00 901.29
1020 610572 09/17/04 21. DEPARTMENT OF TRANSPORTA 1108602 TRAFFIC SIGNAL SAFETY 0.00 73.51
1020 610573 09/17/04 M DISMUKE, DEBRA 580 Refund: Check - FALL:# 0.00 60.00
1020 610574 09/17/04 1958 DISPENSING TECHNOLOGY 2708404 WHITE TRAFFIC PAINT 0.00 2090.50
1020 610575 09/17/04 M2005 DOl /BLM 1104400 CARD/SORTER 0.00 24.62
1020 610576 09/17/04 996 DU- ALL SAFETY 1108201 SAFETY CONSULT AUG04 0.00 450.00
1020 610577 09/17/04 228 DUBAY'S TIRE SERVICE INC 6308840 TIME/MATERIALS 0.00 385.96
1020 610578 09/17/04 1912 ELESCO:EMERGENCY LIGHTIN 1108505 BAITERY 0.00 33.23
1020 610578 09/17/04 1912 ELESCO:EMERGENCY LIGHTIN 1108505 BATTERY 0.00 139.42
TOTAL CHECK 0.00 172.65
1020 610579 09/17/04 1949 EVENT SERVICES 1108503 RENTAL 8/01-8/31/04 0.00 162.38
1020 610580 09/17/04 253 EXCHANGE LINEN SERVICE 5606620 FY 2004-2005 OPEN PURC 0.00 309.12
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 4239222 COURIER SERVICE 0.00 32.56
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 110 COURIER R#26341 0.00 12.91
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 5806249 COURIER SERVICE 0.00 12.91
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 1103500 COURIER SERVICE 0.00 12.81
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 110 COURIER SERV R25964 0.00 12.75
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 110 COURIER SERV R26778 0.00 10.83
1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 1103500 COURIER SERVICE 0.00 34.90
TOTAL CHECK 0.00 129.67
1020 610582 09/17/04 2558 FEET FIRST ENTERTAINMENT 5806349 JR HI DANCE 9/10 0.00 380.00
1020 610583 09/17/04 2207 FERRIS HOIST 6308840 SER CALL 8/13,26,9/03 0.00 305.00
1020 610584 09/17/04 2619 GENEVIEVE FIRE 2308004 SERVICE AGREEMENT FOR 0.00 1083.00
1020 610584 09/17/04 2619 GENEVIEVE FIRE 2308004 SERVICE AGREEMENT FOR 0.00 1387.00
TOTAL CHECK 0.00 2470.00
1020 610585 09/17/04 2329 FIX AIR 1108505 SUPPLIES A27216 0.00 19.96
RUN DATE 09/16/04 TIME 07:58:07
- FINANCIAL ACCOUNTING
5'4
09/16/04 CITY OF CUPERTINO PAGE 4
ACCOUNTING PERIOD, 3/05 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - 11 0 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 6105B6 09/17/04 ME2005 FONG, MICHELLE 1104510 FINGERPRINT REFUND 0.00 25.00
1020 6105B7 09/17/04 268 FOSTER BROS SECURITY SYS 110B503 KEY/LOCK SUPPLIES 0.00 7.04
1020 6105B7 09/17/04 268 FOSTER BROS SECURITY SYS 110B503 KEY/LOCK SUPPLIES 0.00 209.53
TOTAL CHECK 0.00 216.57
1020 610588 09/17/04 M2005 FU. LARRY 2150000 STORM DRAIN FEE 0.00 186.55
1020 6105B9 09/17/04 M2005 FU. LI-SHENG 110 UNUSED NOTICING DPST 0.00 326.92
1020 610590 09/17/04 3229 G. REALE ENTERPRISES, IN 1108321 SUPPLIES A27215 0.00 118.45
1020 610591 09/17/04 M2005 GARDEN VALLEY RANCH 5506549 NURSERY TOUR 0.00 80.00
1020 610592 09/17/04 M2005 GOVERNMENT FINANCE OFFCR 1104100 GFOA-8ANK REL GUIDE 0.00 50.00
1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 144.93
1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 -144.93
1020 610594 09/17/04 29B GRAINGER INC 630B840 FY 2004-2005 OPEN PURC 0.00 -5B.03
1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 58.03
1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 58.03
1020 610594 09/17/04 298 GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 13.B9
1020 610594 09/17/04 29B GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 97.10
1020 610594 09/17/04 29B GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 -21.83
1020 610594 09/17/04 29B GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 460.02
1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 132.52
1020 610594 09/17/04 298 GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 -100.06
1020 610594 09/17/04 29B GRAINGER INC 1108B30 FY 2004-2005 OPEN PURC 0.00 -96.95
1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 148.70
1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 27.21
1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 124.97
1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 38.95
1020 610594 09/17/04 298 GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 155.85
1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 549.96
1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 -1072.92
1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 -429.16
1020 610594 09/17/04 29B GRAINGER INC 2708405 PARTS/SUPPLIES 27122 0.00 35.67
1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 2662.25
1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 27.04
1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 263.22
TOTAL CHECK 0.00 3074.46
1020 610595 09/17/04 301 GRAYBAR ELECTRIC CO INC 1108501 SUPPLIES 0.00 21.64
1020 610596 09/17/04 2630 GREGORY B. BRAGG & ASSOC 6204550 SEPT WC CLAIMS ADM 0.00 1653.75
1020 610596 09/17/04 2630 GREGORY 8. BRAGG & ASSOC 6204550 BILL RVW AUG 2004 0.00 4998.78
TOTAL CHECK 0.00 6652.53
1020 610597 09/17/04 M Gaevert, Marion 550 Refund: Check Withdr 0.00 34.00
1020 610598 09/17/04 M HASHEMI, HOMAYOUN 580 Refund: Check FALL: 0.00 203.00
RUN DATE 09/16/04 TIME 07:58:07
FINANCIAL ACCOUNTING
ç-)"
09/16/0'
J>.CCO\JlITING PERIQD, ,/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
610599
610600
610G01
610602
610603
610604
610605
610606
610606
610607
610607
610608
610609
610610
610611
610612
610612
610612
610613
610614
610615
610615
610616
610617
610618
610619
ISSUE DT --------------VENDOR------------- FUND/DEPT
09/17/04 327
09/17/04 M
09/17/04 2510
09/17/04 1898
09/17/04 M200S
09/17/04 M
09/17/04 2181
09/17/04 2181
09/17/04 2181
09/17/04 995
09/17/04 995
09/17/04 1981
09/17/04 353
09/17/04 M2005
09/17/04 M2005
09/17/04
09/17/04
09/17/04
369
369
369
09/17/04 M
09/17/04 2335
09/17/04 372
09/17/04 372
09/17/04 2861
09/17/04 2323
09/17/04 385
09/17/04 2300
RUN DATE 09/16/04 TIME 07:58:07
HELLO DIRECT INC
HERSHEY, PAMELA
HI-LINE
AUTOMATIC RAIN CO.
HURT, WILLIAM
HYUN, RYE YOUNG
1103300
580
1108830
1108314
110
IMSA:INT'L MUNICIPAL SIG 1108830
580
IMSA:INT'L MUNICIPAL SIG 1108602
IMSA:INT'L MUNICIPAL.SIG 1108601
INSERV COMPANY
INSERV COMPANY
1108501
1108504
IRON MOUNTAIN
INTERSTATE TRAFFIC CONTR 2708404
1104300
JOHNSON LYMAN ARCHITECTS 110
KATE & DOC'S
KELLY-MOORE PAINT CO
KELLY-MOORE PAINT CO
KELLY-MOORE PAINT CO
KIM, MYUNG
5506549
INC
INC
INC
2708404
1108504
1108504
KIMLEY-HORN & ASSOCIATES 4209544
580
KINKO'S INC
KINKO'S INC
1106100
1106100
KURTT INTERNATIONAL TRUC 6308840
LAB SAFETY SUPPLY
KWIK-WAY MUFFLER SERVICE 6308840
1108005
BARBARA LAUX
5506549
-----DESCRIPTION------
SOUND STATION A27226
REFDS 293520 & 293521
SUPPLIES A27203
FY 2004-2005 OPEN PURC
SL BOND RELEASE
Refund: Check - FALL:
53213,25243,30558
MEMBERSHIP DUES (5)
MBRSHP DUES GUAPQ
WATER TREATMENT SEP04
WATER TREATMENT SEP04
GLASS BEADS
FY 2004-2005 OPEN PURC
ARBORIST DEPOSIT
9/23 PETALUMA TOUR
PAINT SUPPLIES
PAINT SUPPLIES
PAINT SUPPLIES
Refund: Check - FALL:
SERVICE AGREEMENT FOR
SUPPLIES
SUPPLIES
ENGINE REPAIR A25589
CUSTOM HITCH INSTALL
TEST KIT
SERVICE AGREEMENT FOR
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
- FINANCIAL ACCOUNTING
PAGE 5
AMOUNT
426.73
2250.00
71.35
806.26
5000.00
19.00
150.00
250.00
50.00
300.00
211.63
211.63
423.26
1039.20
848.70
400.00
720.00
7.37
126.35
42.39
176.11
27.00
2056.87
313.88
41.68
355.56
218.28
668.56
61. 30
600.00
)-~
09/H/04
ACCOUNTING PERIOD, 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
610620
610621
610622
610623
610624
610625
610625
610626
610627
610628
610629
610630
610631
610632
610632
610632
610633
610634
610635
610636
610637
610638
610638
610639
610639
610640
ISSUE DT --------------VENDOR------------- FUND/DEPT
09/17/04 M2005
09/17/04 390
09/17/04 2999
09/17/04 3228
09/17/04 3224
09/17/04
09/17/04
3011
3011
09/17/04 1968
09/17/04 M
09/17/04 435
09/17/04 1868
09/17/04 M
09/17/04 465
09/17/04
09/17/04
09/17/04
471
471
471
09/17/04 M2005
09/17/04 M
09/17/04 485
09/17/04 M200S
09/17/04 3230
09/17/04 M2005
09/17/04 M2005
09/17/04 487
09/17/04 487
09/17/04 493
RUN DATE 09/16/04 TIME 07:58:07
LAW, FRANKIE
LAWSON PRODUCTS INC
LESCO
LYrA LEVAS
LIVE NETWORKING INC
MANNING, COLLEEN
MANNING, COLLEEN
MAZE AND ASSOCIATES
MELVIN, MARTHA
METAL BUILDING COMPANY
110
2708405
1108303
5706450
6104800
5706450
5806449
1104100
580
4209216
METRO MOBILE COMMUNlCATI 6308840
580
MORALES, BRITTANY
MOUNTAIN VIEW GARDEN CEN 1108303
MYERS
MYERS
MYERS
TIRE
TIRE
TIRE
SUPPLY COMPAN 6308840
SUPPLY COMPAN 6308840
SUPPLY COMPAN 6308840
NELSON, ALBERT
NELSON, MARY
NEWMAN TRAFFIC SIGNS
NEXTEL COMMUNICATIONS
110
580
2708405
NEXTWAVE SOLUTIONS, INC. 6104800
110
NEZHAD, RAY
NEZHAD, RAY
NORTHAlRE SUPPLY CO
NORTHAIRE SUPPLY CO
OFFICE DEPOT
110
110
1108511
1108511
1108101
-----DESCRIPTION------
SW BOND RELEASE
MISC SUPPLIES A27217
FY 2004-2005 OPEN PURC
SERVICE AGREEMENT FOR
8 HR INSTALLATION AND
SUPPLIES
SUPPLIES
PROGPYMT AUDIT 03/04
Refund: Check - FALL:
STREET SOTRAGE SLDG
RADIO ON TRUCK #33
Refund: Check - SUMMER
LANDSCAPE SPLY A27230
SUPPLIES
SUPPLIES
SUPPLIES
ENCROACH BOND RELEASE
Refund: Check - Return
FY 2004-2005 OPEN PURC
UNUSED NOTICING DPST
3D CONTROLLER A25003
ABORIST DPST 22566
ARBQRIST DPST 24207
SUPPLIES
SUPPLIES
OFFICE 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
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 6
AMOUNT
3350.00
559.10
1710.35
105.00
2000.00
160.74
20.56
181.30
4060.25
55.00
11223.00
759.19
25.00
120.19
21.82
341.41
9.91
373.14
500.00
300.00
1843.50
6.85
445.85
236.50
908.10
1144.60
31.93
44.54
76.47
102.00
5-1
09/16/04
ACCQUNTING PERIOD: 3JßS
CITY OF CUPERTINO
CHECK REGIS~R . DISBiJRS1!MIrn'! F1JND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - II 0 - GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
610540
610640
610640
610640
610540
610640
610640
610640
610640
610640
510641
510541
610642
610642
610643
610543
610643
610643
610644
610645
610645
610645
610646
610647
610548
610549
610650
610651
610552
610653
610654
ISSUE DT --------------VENDOR------------- FUND/DEPT
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04 500
09/17/04 500
09/17/04 503
09/17/04 503
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04 505
09/17/04
09/17/04
09/17/04
09/17/04 2263
09/17/04 1952
09/17/04 1952
09/17/04 2686
09/17/04 526
09/17/04 690
09/17/04 545
09/17/04 1929
09/17/04 2661
493
493
493
493
493
493
493
493
493
493
1220
1220
1220
1220
513
513
513
OFFI CE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OPERATING ENGINEERS PUB
OPERATING ENGINEERS PUB
ORCHARD SUPPLY
ORCHARD SUPPLY
ORCHARD SUPPLY HARDWARE
ORCHARD SUPPLY HARDWARE
ORCHARD SUPPLY HARDWARE
ORCHARD SUPPLY HARDWARE
ORLANDI TRAILER
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PALO ALTO AWNING INC
PAPA
PAPA
1108602
2104400
1106100
1108201
1107301
1107503
5806249
5806349
1108201
1108101
1104510
110
5606640
5606640
1108830
1108830
1108830
1108501
1108409
1108508
5606620
5606620
5708510
1108201
PARTITION SPECIALTIES, I 1108505
1108201
PENINSULA DIGITAL IMAGIN 110
PENINSULA FORD
JEFF PISERCHIO
LEON C. PIROFALO
6308840
5606640
PROFESSIONAL TURF MGMNT, 5606640
1107302
RUN DATE 09/16/04 TIME 07:58:07
-----DESCRIPTION------
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
H & 2 P.W. RETIREES
H & W P.W. EMPLOYEES
ON-TIME DISC 8/26 STM
FY 2004-2005 OPEN PURC
PARTS/SUPPLIES
ON-TIME DISC 8/26
PARTS/SUPPLIES
PARTS/SUPPLIES
STM
SUPPLIES
8/06-9/03
7/29-8/25
7/29-8/25
INSTALL TWO BARREL STY
MEMBERSHIP DUES (9)
CLASS/OLSEN & TERADA
TIME/MATERIALS
IMPROVE PLANS R26880
FY 2004-2005 OPEN PURC
SERVICE 9/01-9/14
G. PLAN CONSULT AUG04
PLANT REDWOOD TREES
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
FINANCIAL ACCOUNTING
PAGE 7
AMOUNT
163.31
58.50
64.95
238.16
44.28
44.27
550.20
70.58
85.30
13.20
1435.75
3812.50
4436.00
8248.50
-7.65
144.84
137.19
209.18
-8.63
15.14
45.41
261.10
121.24
57.31
4.64
116.71
178.66
1438.00
315.00
110.00
380.00
308.08
89.25
1995.00
5627.04
1500.00
Ç~r
09/H/04
ACCOUNTING PERIOD: 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact_trans_date between "09/13/2004" and "09/17/2004"
FUND - 110 - GENERAL FUND
1020
CASH ACCT CHECK NO
610655
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
610656
610656
610656
610656
610656
610656
610657
610658
610659
610660
610661
610662
610662
610662
610662
610662
610662
610662
610663
610664
610665
610666
610667
610668
610669
610670
610670
610671
610671
610671
610671
09/17/04 2605
ISSUE DT --------------VENDOR------------- FUND/DEPT
1104400
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
509
509
509
509
509
509
PROMOTE FOR LESS
PW SUPERMARKETS INC
PW SUPERMARKETS INC
PW SUPERMARKETS INC
PW SUPERMARKETS INC
PW SUPERMARKETS INC
PW SUPERMARKETS INC
RAGING WATERS
REARDON Ill, JAMES
RlMANICH, GREGORY
5806349
1106342
5806349
5806349
5806349
1106342
5806349
580
1104400
ROSS RECREATION EQUIPMEN 1108315
5506549
ROYAL COACH TOURS
RUDE'S PEST MANAGEMENT
RUDE'S PEST MANAGEMENT
RUDE'S PEST MANAGEMENT
RUDE'S PEST MANAGEMENT
RUDE'S PEST MANAGEMENT
RUDE'S PEST MANAGEMENT
RUDE'S PEST MANAGEMENT
Ruden, Jeanne
SAN JOSE GENERATOR
1108501
1108503
1108504
1108505
1108506
1108503
1108503
550
6308840
SANTA CLARA CO DEPT OF R 1102100
2308004
SCVWD - URBAN RUNOFF
RICOH CUSTOMER FINANCE C 1104310
RICOH CUSTOMER FINANCE C 1108201
SAVIN CREDIT CORPORATION 1104310
SBC
SBC
SEC/MCI
SEC/MCI
SEC/MCI
SBC/MC!
RUN DATE 09/16/04 TIME 07:58:07
09/17/04 1480
09/17/04 M
09/17/04 M2005
09/17/04 599
09/17/04 602
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
09/17/04
2043
2043
2043
2043
2043
2043
2043
09/17/04 M
09/17/04 2170
09/17/04 626
09/17/04 635
09/17/04 2875
09/17/04 2875
09/17/04 2397
09/17/04 2692
09/17/04 2692
09/17/04 511
09/17/04 511
09/17/04 511
09/17/04 511
1108501
1108504
1108505
1101500
1108501
1108501
-----DESCRIPTION------
MINI HARD HAT KEY CHAI
SUPPLIES 25555
SUPPLIES 25561
SUPPLIES 25564
SUPPLIES 25559
SUPPLIES 22972
SUPPLIES 25572
ADMISSION TICKETS
Refund: Check - FALL:
MRC EXPENSES (AIRGAS)
SUPER SCOOP ASSY PN#14
S.FRANCISCO TOUR 8/31
RODENT BAIT
RODENT BAIT
RODENT BAIT
RODENT BAIT
RODENT BAIT
SPRAY FOR FLEAS
GENERAL PEST CONTROL
Refund: Check - Withdr
REBLD STARTER A27228
CITATIONS JULY 2004
FY04/05 ASSMNT RUNOFF
J0131303354 SEPT2004
J8332201915 OCT2004
H2400800225 OCT2004
7/29-8/28
7/27-8/26
#2719421 8/01-9/06
#2719770 8/01-9/06
#2719421 8/01-9/06
#2719770 8/01-9/06
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
FINANCIAL ACCOUNTING
PAGE 8
AMOUNT
519.34
33.41
27.04
38.14
25.71
10.43
7.00
141.73
1417.50
125.00
467.59
725.34
683.89
180_00
180.00
180.00
180.00
180_00
150.00
175.00
1225.00
34.00
119.08
3275.00
85689.00
114.66
130.94
137.83
65.00
77 .62
142.62
245.24
89.43
245.24
89.43
)~(
09/16/04 CITY OF CUPERTINO PAGE 9
ACCOUNTING PERIOD: 3105 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 610671 09/17/04 511 SBC/MCI 1108504 #2522405 8/01-9/06 0.00 16.21
1020 610671 09/17/04 511 SBC/MCI 1108504 #2719770 8/01-9/06 0.00 89.43
1020 610671 09/17/04 511 SBC/MCI 1108505 #2719770 8/01-9/06 0.00 89.43
1020 610671 09/17/04 511 SBC/MCI 5708510 #2719770 8/01-9/06 0.00 89.44
1020 610671 09/17/04 511 SBC/MCI 1108503 #2719770 8/01-9/06 0.00 89.44
1020 610671 09/17/04 511 SBC/MCI 5606620 #2719770 8/01-9/06 0.00 89.44
1020 610671 09/17/04 511 SBC/MCI 1101500 #2719421 8/01-9/06 0.00 245.24
1020 610671 09/17/04 511 SBC/MCr 1108503 #2719421 8/01-9/06 0.00 245.24
1020 610671 09/17/04 511 SBC/MCr 5708510 #2719421 8/01-9/06 0.00 245.24
1020 610671 09/17/04 511 SBC/MCr 1108504 #2719421 8/01-9/06 0.00 490.47
1020 610671 09/17/04 511 SBC/MCI 1108501 #2719771 8/01-6/06 0.00 89.44
TOTAL CHECK 0.00 2448.36
1020 610672 09/17/04 M SETHURAMAN, ANANTHA 580 Refund: Check - SUMMER 0.00 152.50
1020 610673 09/17/04 1530 SHAMROCK SALES 1108201 FILM 0.00 616.70
1020 610614 09/17/04 M SHETH, $HRurI 580 Refund: Check - Return 0.00 750.00
1020 610675 09/17/04 M2005 SHEW, FRANK 110 ENCROACH BOND REFUND 0.00 5000.00
1020 610676 09/17/04 M SHIN, KYUNG MO 580 Refund: Check - FALL: 0.00 15.00
1020 610677 09/17/04 2051 SIADAT ENTERPRISES, INC. 6308840 CAR WASHES AUG2 0 04 0.00 156.00
1020 610678 09/17/04 651 SIERRA PACIFIC TURF SUPP 5606620 SUPPLIES 0.00 217.53
1020 610678 09/17/04 651 SIERRA PACIFIC TURF SUPP 5606620 SUPPLIES A26016 0.00 183.81
TOTAL CHECK 0.00 401.34
1020 610679 09/17/04 2320 SNAP-ON INDUSTRIAL 6308840 SHOP TOOLS A27214 0.00 117.46
1020 610680 09/17/04 1116 SONY ELECl'RONICS INC 1103500 SUPPLIES 16488 0.00 82.17
1020 610681 09/17/04 2294 SPECIALIZED PRODUCTS 6308840 PIVOT DRIVERS A27206 0.00 74.86
1020 610682 09/17/04 891 JOAN SPITSEN 5506549 GRATUITY 10/01 OPERA 0.00 25.00
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1107301 OFFICE SUPPLIES 0.00 15.33
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1107503 OFFICE SUPPLIES 0.00 48.42
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104100 OFFICE SUPPLIES 0.00 94.03
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104100 REF 3047529322 0.00 -15.18
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 REF 3047763265 0.00 -14.34
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2004-2005 OPEN PURC 0.00 19.76
1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2004-2005 OPEN PURC 0.00 59.44
1020 6106B3 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2004-2005 OPEN PURC 0.00 IB.86
TOTAL CHECK 0.00 226.32
1020 610684 09/17/04 951 SUMMERWINDS GARDEN CNTR, 1108303 LANDSCAPE SPLY A27227 0.00 145.74
1020 610685 09/17/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2004-2005 OPEN PURC 0.00 1853.57
RUN DATE 09/16/04 TIME 07:58:07
- FINANCIAL ACCOUNTING
5 -ró
DRAFT
RESOLUTION NO. 04-412
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
SEPTEMBER 24, 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:
D~AA'f1dm(!~
¡rector 0 ¡llistrat¡ ve ervlCes
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~day of October ,2004, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
ç -If
&L
09/23/04 CITY OF CUPERTINO PAGE 1
ACCOUNTING PERIOD: 3/05 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans - date between "09/20/2004" and "09/24/2004"
FUND - 110 - GENERAL FUND
CASH ACcr CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 610591 V 09/17/04 M2005 GARDEN VALLEY RANCH 5506549 NURSERY TOUR 0.00 -80.00
1020 610703 09/24/04 3135 A-I RADIATOR 6308840 A/c SERV A27233 0.00 250.42
1020 610704 09/24/04 28 AIRGAS NCN 6308840 FY 2004-2005 OPEN PURC 0.00 356.87
1020 610704 09/24/04 28 AIRGAS NCN 1108314 FY 2004-2005 OPEN PURC 0.00 42.93
1020 610704 09/24/04 28 AIRGAS NCN 1108314 FY 2004-2005 OPEN PURC 0.00 98.94
TOTAL CHECK 0.00 498.74
1020 610705 09/24/04 2276 ALHAMBRA 5706450 BOTTLED DRINKING WTR 0.00 46.65
1020 610706 09/24/04 968 BAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 125.57
1020 610706 09/24/04 968 BAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 28.21
TOTAL CHECK 0.00 153.78
1020 610707 09/24/04 1712 BOETHING TREELAND FARMS 4239222 CC AND LIBRARY TREES, 0.00 10997.17
1020 610708 09/24/04 M Baratz, Linda 550 Refund: Check - Class 0.00 30.00
1020 610709 09/24/04 1367 CAP I 0 1103300 WORKSHOP R.KITSON 0.00 25.00
1020 610710 09/24/04 130 CALIFORNIA PARK AND RECR 1101200 CPRS #23759 LAGERGREN 0.00 80.00
1020 610711 09/24/04 3096 CARDIAC SCIENCE INC 1104400 CARDIAC MACHINE 0.00 4095.27
1020 610712 09/24/04 2232 CARIAGA, LOURDES 110 CSGARNSMNT 0.00 306.50
1020 610712 09/24/04 2232 CARIAGA, LOURDES 110 SSGARNSMNT 0.00 103.84
TOTAL CHECK 0.00 410.34
1020 610713 09/24/04 149 CASH 1101000 P.CASH 9/07-9/22 0.00 66.00
1020 610713 09/24/04 149 CASH 1101200 P.CASH 9/07-9/22 0.00 7.00
1020 610713 09/24/04 149 CASH 1103300 P.CASH 9/07-9/22 0.00 45.64
1020 610713 09/24/04 149 CASH 1104000 P.CASH 9/07-9/22 0.00 10.99
1020 610713 09/24/04 149 CASH 1104000 P.CASH 9/07-9/22 0.00 26.49
1020 610713 09/24/04 149 CASH 1104400 P.CASH 9/07-9/22 0.00 48.07
1020 610713 09/24/04 149 CASH 1106100 P.CASH 9/07-9/22 0.00 22.39
1020 610713 09/24/04 149 CASH 1107200 P.CASH 9/07-9/22 0.00 13.00
1020 610713 09/24/04 149 CASH 2607401 P.CASH 9/07-9/22 0.00 7.57
1020 610713 09/24/04 149 CASH 1108503 P.CASH 9/07-9/22 0.00 27.20
TOTAL CHECK 0.00 274.35
1020 610714 09/24/04 1057 CERIDIAN BENEFITS SERVIC 110 *FLEX DEP/240125 0.00 151.92
1020 610714 09/24/04 1057 CERIDIAN BENEFITS SERVIC 110 *FLEX HLTH/240125 0.00 771.03
TOTAL CHECK 0.00 922.95
1020 610715 09/24/04 1156 CHA 110 CHA 0.00 117.00
1020 610716 09/24/04 2626 CHANG. CHEN-YA 1103300 CLIPPING SERV AUG04 0.00 200.00
1020 610717 09/24/04 2769 CHARLES M SALTER ASSOCIA 4239222 CONSTRUCTION ADMINISTR 0.00 1295.24
RUN DATE 09/23/04 TIME 07:43:15
- FINANCIAL ACCOUNTING
C:;-/Á..
09/23/04
ACCOUNTING PERIOD: 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004"
FUND - no - GENERAL FUND
1020
CASH ACCT CHECK NO
610718
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
10:20
TOTAL CHECK
1020
1020
1020
TOTAL CHECK
1020
1020
10:20
1020
10:20
1020
1020
10:20
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
610719
610120
610720
610720
610720
610721
610722
610722
610722
610722
610722
610723
610723
610724
610725
610725
610726
610726
610726
610726
610726
610726
610726
610726
610727
610727
610728
610729
610731
610731
610731
610731
09/24/04 3232
ISSUE DT --------------VENDOR------------- FUND/DEPT
5806349
09/24/04 2871
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04 983
09/:24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04 184
09/24/04 1579
09/24/04 1579
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04 194
09/24/04 194
09/24/04 M
09/24/04 3177
09/24/04 209
09/24/04 209
09/24/04 209
09/24/04 209
2000
2000
2000
2000
175
175
175
175
175
178
178
192
192
192
192
192
192
192
192
DEBI CHESSEN
JACKSON CHOW
CINTAS
CINTAS
CINTAS
CINTAS
5806249
1108201
1108201
1108201
1108201
CLARK'S HARDWOOD FLOORS 1108505
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
JAMES COURTNEY
5606620
CUPERTINO LOC-N-STOR LLC 1108501
CUPERTINO LOC-N-STOR LLC 1108503
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO MEDICAL CENTER
CUPERTINO SUPPLY INC
CUPERTINO SUPPLY INC
Cheng, Grace
NINA DARUWALLA
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
RUN DATE 09/23/04 TIME 07:43:15
1108201
1108201
1108201
1108201
1108201
1108201
1108201
1108201
5606640
5606640
550
1104400
1108509
1108506
1108504
5708510
-----DESCRIPTION------
PRESCHOOL SUPPLIES
SERVICE AGREEMENT FOR
FY 2004-2005 OPEN
FY 2004-2005 OPEN
FY 2004-2005 OPEN
FY 2004-2005 OPEN
PURC
PURC
PURC
PURC
SENIOR CENTER SAND FIN
MONTHLY SERVICE SEP04
MONTHLY SERVICE SEP04
MONTHLY SERVICE SEP04
MONTHLY SERVICE SEP04
MONTHLY SERVICE SEP04
*COLONIAL/E7013899
COLONIAL/E7013899
SERVICE AGREEMENT FOR
G-34 REMT OCT2004
G-33 RENT OCT2004
HEPB
HEP B
HEP B
HEPB
HEPB
HEPB
HEPB
HEP B
2ND S. NEMETZ
2ND R. POLITO
2ND M. LOOMIS
2ND N. ALVAREZ
2ND E. SAKAI
2ND A.LOPEZ
2ND L. WALTON
2ND A. TABARES
FY 2004-2005 OPEN PURC
FY 2004-2005 OPEN PURC
Refund: Check - Class
SERVICE 9/02-9/15/04
JANITORIAL SEPT2004
JANITORIAL SEPT2004
JANITORIAL SEPT:2004
JANITORIAL SEPT2004
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
- FINANCIAL ACCOUNTING
PAGE 2
AMOUNT
63.10
1297.50
61.36
61.36
61. 36
61. 36
245.44
7112.25
21.70
21.70
21. 70
21. 70
21. 70
108.50
283.08
363.17
646.25
300.00
217.00
217.00
434.00
70.00
70.00
70.00
70.00
70.00
70.00
70.00
70.00
560.00
19.83
8.13
27.96
30.00
850.00
714.28
346.84
6244.50
5311.03
')-[3
09/23/04
ACCOUNTING PERIOD: 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610731
610732
610733
610734
610734
610735
610735
610736
610737
610738
610739
610740
610741
610742
610743
610744
ISSUE DT --------------VENDOR-------~----- FUND/DEFT
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04 M
09/24/04 2795
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04 1958
09/24/04 1104
09/24/04 3038
09/24/04 M
09/24/04 M
09/24/04 1912
09/24/04 M2005
09/24/04 242
09/24/04 243
209
209
209
209
209
20'
209
20'
209
209
209
209
20'
20'
209
20'
209
20'
20'
209
1242
1242
220
220
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVI CES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DE ANZA SERVICES INC
DEGUCHI, YOICHI
DEVCON ASSOCIATES XVI
1108507
1108505
1108508
1108511
1108501
1108502
1108503
1108303
1108302
1108315
5708510
1108314
1108407
5606620
1108504
1108513
1108511
1108505
1108509
1108314
580
4239222
DIGITAL PRINT IMPRESSION 1101065
DIGITAL PRINT IMPRESSION 1104310
DISCOUNT SCHOOL SUPPLY
DISCOUNT SCHOOL SUPPLY
DISPENSING TECHNOLOGY
DIVERSIFIED RISK
RALPH DUBISCH
DYSI-DE ANZA YOUTH SOCCE 580
Dunaway, James
5806349
5806349
2708404
1104540
5806249
550
ELESCO:EMERGENCY LIGHTIN 1108505
1104530
EMBASSY SUITES
EMPLOYMENT DEVEL DEPT
EMPLOYMENT DEVELOPMENT
RUN DATE 09/23/04 TIME 07:43:16
110
110
-----DESCRIPTION------
JANITORIAL SEPT2004
JANITORIAL SEPT2004
JANITORIAL SEPT2004
JANITORIAL SEPT2004
JANITORIAL SEP2004
JANITORIAL SEP2004
JANITORIAL SEP2004
JANITORIAL SEP2004
JANITORIAL SEP2004
JANITORIAL SEP2004
SHAMPOO CARPETS
JANITORIAL SEP2004
JANITORIAL SEP2004
PARK CLEANUP AUG2004
SPECIAL CLEANUP
SHAMPOO CARPETS
SPECIAL CLEANUP
FLOOR MAINTENANCE
SPECIAL CLEANUP
OVERCHARGE CREDIT
Refund: Check - FALL:
TEMP LBRY RENT OCT04
B.CARDS/TEEN COMM. 6
LETTERHEAD ENV (5K)
PRESCHOOL SUPPLIES
PRESCHOOL SUPPLIES
WHITE PAINT
BLOCK PRTY SEP2004
SERVI CE AGREEMENT FOR
Refund: Check
Return
Refund; Check - Class
PREVENTATIVE MAINT.
3 NIGHTS LODGING
SIT/932-0014-5
SDI/776-5260-0
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
.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 3
AMOUNT
2228.38
3535.12
141.53
1163.89
2399.88
1665.66
2008.63
1500.11
750.07
750.07
124.00
4500.39
1018.96
4002.01
637.50
21.00
440.00
930.00
390.00
-1906.34
38917.51
195.00
16180.00
319.29
1156.31
1475.60
885.05
672.04
1557.09
1045.25
856.69
589_ 75
300.00
60.00
225.00
528.68
18709.78
1130.06
s~(y
09/23/04
ACCOUNTING PERIOD: 3/05
CITY OF CUFERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004"
FUND ~ 110 - GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
610745
610746
610747
610748
610748
610749
610750
510751
610752
610752
610752
610753
610754
610755
610756
610757
610756
610759
610760
610761
610762
610763
610764
610765
610766
610767
ISSUE DT --------------VENDOR------------- FUND/DEFT
09/24/04 M2005
09/24/04 250
09/24/04 2558
09/24/04
09/24/04
274
274
EUPHRAT MUSEUM OF ART
EULIPIA RESTAURANT & BAR 5506549
5806249
FEET FIRST ENTERTAINMENT 5806349
FRY'S ELECTRONICS
FRY'S ELECTRONI CS
2708405
6104800
GCS SERVICE, INC.
G. REALE ENTERPRISES, IN 1108321
1108505
GOLDEN TOUCH LANDSCAPING 1108314
GRAINGER INC
GRAINGER INC
GRAINGER INC
HARRIS & ASSOCIATES
REA RAN CHUNG
AUTOMATIC RAIN CO.
MARSHA HOVEY
Hovey, Sylvia
1108005
1108830
1108830
2709450
5506549
1108314
1104400
550
ISLAM, SANJANA
ICMA RETIREMENT TRUST-45 110
580
JAM SERVICES INC
JOE'S TRACTOR SERVICE
KHARE, ANSHU
KINKO'S INC
DAVE KNAPP
Kain, Sharon
LEE WAYNE CORPORATION
1108602
1108314
580
2708403
1101300
550
LIEBERT CASSIDY WHITMORE 1104511
1103300
RUN DATE 09/23/04 TIME 07:43;16
09/24/04 3229
09/24/04 2719
09/24/04 291
09/24/04
09/24/04
09/24/04
298
298
298
09/24/04 2116
09/24/04 M2005
09/24/04 1898
09/24/04 2027
09/24/04 M
09/24/04 343
09/24/04 M
09/24/04 952
09/24/04 1977
09/24/04 M
09/24/04 372
09/24/04 2231
09/24/04 M
09/24/04 3155
09/24/04 1396
-----DESCRIPTION------
DINNER 10/01 (45)
SERVICE AGREEMENT FOR
DJ/TEEN DANCE 10/15
SUPPLIES A27222
CABLES A25845
RELEASE INSERT A27234
FREEZER REPAIRS
LANDSCAPE 7-9/04
PARTS/SUPPLIES 20278
FY 2004-2005 OPEN PURC
FY 2004-2005 OPEN PURC
SERVICE AGREEMENT FOR
KOREAN DANCE 9/23
FY 2004-2005 OPEN PURC
EXPENSE REIMBURSEMENT
Refund: Check - Class
'lCMA
Refund: Check - FALL:
GELCORE COUNTDOWN PED
MOWING CITY LOTS
Refund; Check - CANCEL
SUPPLIES 20133
LCC CONF. 9/16-19
Refund; Check - Change
SPECIAL PENS (5K)
PROFESSIONAL FEES
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
- FINANCIAL ACCOUNTING
PAGE 4
AMOUNT
1215.00
6835.75
380.00
112 . 52
98.37
210.89
105.00
142.75
2571.00
19.90
202.16
9.70
231. 76
4437.00
50.00
10.56
320.86
60.00
7044.64
31.50
2598.00
500.00
750.00
22.08
349.70
750.00
553.31
285.50
ç ~ (5""
09/23/04
ACCOUNTING PERIOD: 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELEC!ION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004"
FUND - 110 ~ GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
610768
510759
610770
610771
610772
610773
610774
610775
610776
610777
610778
610779
610780
610781
610781
610781
610781
610781
610781
610781
610781
610781
610782
610783
610784
610784
610784
610784
610784
610784
610784
ISSUE DT --------------VENDOR------------- FUND/DEPT
09/24/04 M
09/24/04 2942
09/24/04 435
09/24/04 940
09/24/04 444
09/24/04 2567
09/24/04 465
09/24/04 2666
09/24/04 M
09/24/04 M
09/24/04 M
09/24/04 302
09/24/04 M2005
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04 501
09/24/04 504
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
493
493
493
493
493
493
493
493
493
833
833
833
833
833
833
833
RUN DATE 09/23/04 TIME 07:43:16
Laycock, Edward
550
MACKE WATER SYSTEMS, INC 1108501
METAL BUILDING COMPANY
4209216
MILPITAS MOWERS INC
6308840
MINTON'S LUMBER
1108501
MISDU
110
MOUNTAIN VIEW GARDEN CEN 1108303
MUSIC FOR YOUNG CHILDREN 5806249
Matsuno, Mike
550
NAKAMARU, REIKO
580
NAKAMARU, REIKO
580
NATIONAL DEFERRED COMPEN 110
NOR CAL ABA
5806449
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
1108101
1108101
1106343
HOa501
H04400
1108501
1104000
1108501
1103500
OPERATING ENGINEERS #3
110
ORIENTAL TRADING CO
5806349
PER S
PER S
PER S
PER S
PER S
PER S
PER S
110
110
110
110
110
110
110
-----DESCRIPTION------
Refund: Check - Refund
RENTAL 10/1-11/30/04
TIME/MATERIALS
PARTS/SUPPLIES A27231
PODIUM SUPPLIES
J TRYBUS 385950533
FY 2004-2005 OPEN PURC
SERVICE AGREEMENT FOR
Refund: Check
Refund
Refund: Check
FALL;
Refund: Check ~ FALL:
*NAT'L DEF
2004 FALL SOFTBALL 4
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
REF #257018099-001
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
UNION DUES
PRESCHOOL SPLY 22958
PERS EMPLY
*PERS BYBK
PERS 1959
*PERS BYBK
PERS SPEC
PERS EM/OE
PERS OE3
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
- FINANCIAL ACCOUNTING
PAGE 5
AMOUNT
20.00
60.00
2997.00
80.26
69.75
221. 50
29.17
2702.00
20.00
275.00
275.00
21352.37
52.00
33.51
215.94
47.20
-75.49
109.99
57.37
34.14
232.24
54.19
719.09
585.35
55.35
19259.54
123.70
112.53
471.53
150.95
3129.58
3129.58
25377.41
c;-f&
09/23/0'
ACCOUNTING PERIOD, 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELEcrrON CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004"
FUND - 110 - GENERAL FUND
1020
CASH ACCT CHECK NO
610785
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
610786
610787
610788
610789
610790
610791
610792
610793
610794
610795
610796
610797
610797
610797
610797
610798
610799
610800
610801
1020 610802
1020 610802
TOTAL CHECK
1020 610803
1020
1020
TOTAL CHECK
1020
1020
610804
610804
610805
610806
09/24/04 2263
ISSUE DT --------------VENDOR------------- FUND/DEPT
5708510
09/24/04 690
09/24/04 533
09/24/04 546
09/24/04 1247
09/24/04 3220
09/24/04 M2005
09/24/04 3162
09/24/04 621
09/24/04 M200S
09/24/04 258
09/24/04 628
09/24/04
09/24/04
09/24/04
09124/04
2692
2692
2692
2692
09/24/04 M2005
09/24/04 M2005
09/24/04 651
09/24/04 652
09/24/04 2810
09/24/04 2810
09/24/04 2324
09/24/04 3171
09124/04 3171
09/24/04 677
09/24/04 951
RUN DATE 09/23/04 TIME 07:43:16
PALO ALTO AWNING INC
PENINSULA FORD
6308840
PERS LONG TERM CARE PROG 110
PITNEY BOWES INC
1104310
MARIE PRESTON
1101300
RACE STREET FOODS
5606620
ROBERTS, MARK
no
ROSS MCDONALD COMPANY IN 4239222
THE MERCURY NEWS
5706450
SANCRA
5806449
SANTA CLARA COUNTY
no
SANTA CLARA COUNTY SHERI 1102100
SBe
SBe
SBe
SBe
5708510
1108501
1108501
1108501
SEOUL MARKET
5506549
SHIM, MIKE
no
SIERRA PACIFIC TURF SUPP 5606620
SIERRA SPRINGS WATER co. 1101500
SMART & FINAL
SMART & FINAL
1106344
5806349
THERESE AMBROSI SMITH
1101300
STAPLES BUSINESS ADVANTA 1108101
STAPLES BUSINESS ADVANTA 1107405
STATE STREET BANK & TRUS 110
SUMMERWINDS GARDEN CNTR, 1108303
-----DESCRIPTION------
INSTALL TWO BARREL STY
FY 2004-2005 OPEN PURC
PERS LTC/2405
8/30-9/30 MONTHLY FEE
CONF. 9/16-18
FOOD SUPPLIES
DEV MAINT. FEE REFD
BOOK STACK SHELVING
SPORT CTR MARKETING
, SANCRA' SOFTBALL FEE
V ORTEGA 563312780
LAW ENFORCEMENT SEP04
8/08-9/07
8/08-9/07
8/08-9107
8/08-9107
KOREAN LUNCH 9/23
DEV MAINT. FEE RFND
SUPPLIES
BOTTLED DRINKING WTR
TEE SUPPLIES A26449
TEE SUPPLIES A26449
CONF 9/16-18
OFFICE SUPPLIES
OFFICE SUPPLIES
*PERS DEF
LANDSCAPE SPLY 27301
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
0.0'0
0.00
0.00
0.00
FINANCIAL ACCOUNTING
5~(7
PAGE 6
AMOUNT
1437.00
189.75
119.15
591.00
465.73
1466.40
2662.75
276726.24
1296.00
12.00
588.00
507771.50
55.21
55.21
55.21
55.21
220.84
250.00
874.21
124.38
29.75
40.22
36.20
76.42
448.81
175.17
41. 39
216.56
4083.86
49.79
09/23/04
ACCOUNTING PERIOD: 3/05
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2:004"
FUND - 110 ~ GENERAL FUND
CASH ACCT CHECK NO
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
TOTAL CHECK
1020
610807
610808
610809
610810
610811
610812
610812
610813
610813
610813
610814
610815
610816
610817
510817
610818
610819
610820
610821
610821
610821
610821
610821
610821
610822
610823
610823
510824
ISSUE DT --------------VENDOR------------- FUND/DEPT
09/24/04 529
09/24/04 2045
09/24/04 3013
09/24/04 695
09/24/04 1065
09/24/04
09/24/04
700
700
09(24/04
09/24/04
09/24/04
701
701
701
09/24/04 3204
09/24/04 2396
09/24/04 1993
09/24/04
09/24/04
724
724
09/24/04 1154
09/24/04 961
09/24/04 738
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
09/24/04
745
745
745
745
745
745
09/24/04 1839
09/24/04
09/24/04
761
761
09/24/04 2561
RUN DATE 09/23/04 TIME 07:43:16
SUNGARD PENTAMATION, INC 6104800
SVCN
5208003
SWINERTON BUILDERS
4239222
BYSCO FOOD SERVICES OF S 5606620
T AND D COMMUNICATIONS I 4209227
TARGET SPECIALTY PRODUCT 1108312
TARGET SPECIALTY PRODUCT 1108407
TARGET STORES
TARGET STORES
TARGET STORES
5806349
5806349
1106344
TOLL ARCHITECTURAL GRAPH 4239222
TREADWELL & ROLLO
4239222
TREASURER OF ALAMEDA COU 110
TURF & INDUSTRIAL EQUIPM 6308840
TURF & INDUSTRIAL EQUIPM 6308840
UNITED WAY OF SANTA CLAR 110
US BANK
3105306
VALLEY OIL COMPANY
6308840
VMI INC
VMI INC
VMI INC
VMI INC
VMI INC
VMI INC
1103500
1103500
1103500
1103500
1103500
1103500
!ŒIS WANG
1101000
WEDEMEYER BAKERY
WEDEMEYER BAKERY
5606620
5606620
WORLD POINT ECC, INC.
1104400
-----DESCRIPTION------
DATALINE CHRGS AUG04
GARAGE SALE 9/1/4
PUBLIC WORKS CONTRACT
FY 2004-2005 OPEN PURC
INSTALL CABLES AND PHO
FY 2004-2005 OPEN PURC
FY 2004-2005 OPEN PURC
SUPPLIES
SUPPLIES
SUPPLIES
25894
26405
25893
CC/LIBRARY SIGNAGE
GEOTECHNICAL SERVICE F
A LOPEZ JR 566398126
FY 2004-2005 OPEN PURC
FY 2004-2005 OPEN PURC
UNITED WAY
ADMIN FEE BOND SERIES
FY 2004-2005 OPEN PURC
PIONEER RECORDER AND S
PIONEER RECORDER AND S
PIONEER RECORDER AND S
PIONEER RECORDER AND S
PIONEER RECORDER AND S
CAMERA CABLES
CONF 9/17-19
FY 2004-2005 OPEN PURC
FY 2004-2005 OPEN PURC
CPR TEXTS
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
- FINANCIAL ACCOUNTING
PAGE 7
AMOUNT
17.94
363.00
1479063.00
1698.81
2249.66
45.04
180.00
225.04
9.71
16.22
7.53
33.46
42917.40
1691. 00
253.84
51.30
15.76
67.06
99.00
525.00
82.31
3637.21
4519.44
1420.24
123.41
2083.82
1292 .51
13076.63
520.19
247.20
179.85
427.05
893.85
5-fr
RESOLUTION NUMBER 04-413
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES
AND WAGES PAID ON
September 24, 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 of funds
for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law;
NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the
following claims and demands in the amounts and from the funds set forth:
GROSS PAYROLL
$ 453,394.35
Less Employee Deductions
$(134,566.75)
NET PAYROLL
$ 318,827.60
Payroll check numbers issued 77375 through 77624
Void check number(s)
CERTIFIED:(ì ¡1'Ad ~ () ~
Director of Admmistrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of October ,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
CUPERJINO
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. Î
Meeting Date: October 4, 2004
SUBJECT
Accept the Treasurer's Budget Report - August 2004.
BACKGROUND
Attached is the Treasurer's and Budget report for the period ended August 31, 2004. The
report includes all funds in control ofthe City.
Investments
The market value of the City's current portfolio totaled $38.0 million at August 31, 2004,
with a maturity value of $38.1 million. The slightly lower market value (compared with
cost or maturity values), indicates rising interest rates. The City intends to hold
investments until maturity to redeem full value of the securities plus interest earnings up
through the maturity date.
The Local Agency Investment Fund (LAIF) yielded 1.672% in August compared to
July's 1.604%, and 1.632% a year ago. Although this is the third month of consecutive
increases in LAIF yields, it is the first time since April 200 I that the yield has been
higher than the previous year. The City's portfolio as a whole yielded 2.56% in August.
Short-term agency yields remained relatively stable in August, and there were no calls or
maturities of the City's investments in short-term callable federal agency notes. The
economy seems to have improved slightly, but the growth has been slower than
anticipated. Interest rates are still very stable in the short term; an increase is anticipated
as the fed rate rises through the end of the calendar year.
Overall, the City's current investment portfolio decreased approximately $1.5 million in
August, as planned expenditures exceeded incoming revenues. No draw was made on the
City's bond proceeds account in August to reimburse the General Fund for Library/Civic
Center Project expenditures. In September, a final $1.8 million will be drawn from the
account. In addition, investments have been laddered to maturity dates that will allow for
further projected cash flows required for the library and other capital projects.
Printed on Recycled Paper
I~I
The 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.
Revenue/Expenditure Trends
Most General Fund revenues are well below budget projections at the end of August due
to the timing of major tax payments from the County and other tax revenues submitted in
the month subsequent to collection. (Many July and August receipts were accrued back
to June for a proper 2003-04 fiscal year close.) Revenues in general show an increase
over the prior year; much of the increase is due to the curtailment of MVLF fees from the
state last year. Current year state take-aways will be reflected in Sales Tax receipts after
the first quarter.
Departmental expenditures are on track with prior year spending, and generally below
budget.
RECOMMENDATION:
Accept the Treasurer's and Budget report for August 2004.
Submitted by:
Approved for submission:
ÚuJ!.~"b.
Carol T. Augusti
Finance Director
~
David W. Knapp
City Manager
7 -Â.
--'~~t-±--~~c-
1,200,000 ¡ 1,200d=-=!
1.200.000 I 1.200,000; 0
I
-----+----------
---------~----------631--I-------
1,276,512 1,276,512 1,27 ,512 i 0
-------o,~----6,250~------ 6,25-o---r---- 0
r,-28r,1112~-----1~182~~2-----T;282. 762" -------lf
-- 9;627'38r~--~:~~; ,--, -~'=;38'==-~
-99,~OJ 99.000 99.000' 0
- - 99,büö ~ 99,000 99,000 . 0
98.00~ ' - '<¡g;umJ --------98,000 --------0
99,001r - '99.0~1r - 99 ~~O- -- - - ¡y
~::~-- -:::~~0--- --:~:~~~ 1--- ---~
99,000 ' 99.000 : 99:000-f ' 1)-
-- -99,OO~;99.0001- -- 99.000 ! 0
---98,OOo-------~8,döu+----- ------9-g:mm-t- 0
--(j7;ÖÖÖ-- <)7,Obon- 97,000 0
-- - -"986-;-000- -----------98ó,UOU---- ---9~O ---------
- CURRENT PORTFOLIO i ~
.w,rn ~.:."..::.;~". l- .
08/31/04 GBTC Cash - --- - -- ~
I '
-- -tAIF- - ì 1--
L~+-___ ~~!O4 '~~IF. Sta~e Pool __ -----~~------r67 0
i
CERTTfICATES-('Jf'DEPOSIT -- ----- -
-(JjTnS=o4~- _ 0,3,/17,/08, A" menc, a,n T,ruS,t Fe, d,S, avmgs Ban~ - ----TO-iWo-
- 0-31I71ö4 - --- lillT1709Peoples State Bañ1(---------- --. ------3:40%
03 19/(jir --OJ/1VIùS-Pfa:nteistïrsfCordell GA . 3.05%
-01124/04 -j- - -03/24/08 -Badger State Bank -rOO%1
-03124/04[ _ 03/24/09"WašhitaStateBank --~------~--- -335'VO-;----
! 0372"4704! --- 03114JOg-WìTmeifState BanK--- 3.00%·
',~I'., 0' 37147ð4l,--- 097T4Æ-,----:-sìgnature Bank Naf'fAs-s¡'¡-- 2_70%'
_ ___' - -_031L6T!J.r¡-------aJnoms-pnvatebank & Trust_ _ _ 3.20%:
-- - -I- - - 03/26/04; 09/26/081Southcoast CommuñtiýlfanK---------;- ~~o% -
-Ú4701f04"t------u47öìI08 !CoreiaylOi Bank©,step----------r---1.25~--
crr---- ----------- - ¡. --l---t -----
------------ i - i
MONEY MARKET FUNDS I -------------- _oj 1
--------- -08731104- tuperiíiiö-}.raf1~Sweepaccount !6j I 0.59%·
Mfií-------- , 0 1 04 GBTC Money M"ket n J'" - ~ -1rJ8%-
--:AGENCY NO ES - - i
07/09/93 - -m-04Tr57~7 F!fLNlW'-- 6k 693% 153.598--- -- , -f51,HT--- i54.]48-
----06118702 09/15/04 FNMA --,-6IC-r- ----1:r2%~- -----1~181,69l 1,800,000, 1,801,310
---O-ó/2[ro:r----ìT7ðì704 FNMi\ ----------i6K -- -: 334% - - 651,689· 650,000: 654,908
~~~~~~~ . ~~~~~~~-~-~~~~~© ------- --------:~- ~~--~t==-----~~:--~-=--=-~::~~~------~~~-=~~~~~~~--- ----~~--~;~~~;;~
01/12/04--1)'8706/08 FHLB© ----------io.--1-----'1'50'l7,---' -997,8>0' 1.000.000' 1.000,517
------L------1J87ðiJ()3-:-- ---OE"ú7/06 fflLA©;step-- 16k I 2.33%· 500,OUO -- - - -- -5IJO~öOO------------49-875-)
08/11/03· -tjSlTTT!J6 FHUr©---------------f6r-i-------:130%-- -- -- 1,40Ö,000:-- 2,400,000-· 2,391,043
-0-1703/04-- 10/2S/08 FHLMC© -- 16k--+ -,fIö%---------3ö47;5V-- --;)00,d60------ -- ------5ör;6J5-1
10/27/03· 03/29/07- FHDwc©n- -------------tß"K-1---""]-:uÙOfo---------991(317--> -- 1,000,000 995,6901
-nlfï70j- --TT/r'7]OK FHU~©----- ;6k t 4.25%· 998,f5"&--;--- -- --Tömr,OùIJ;- -- -r-OúÖ~4jj-r--
----TI212-5/'b4 - 02/25/08 FHLB© -~6IC i -- -J.n-%~-- - ---lJYOO,OOO'---- --CüOO;ÚÖ-Ú 9S-8~392:-
f2Jð5703· 12/05/07 FNMA© ---~6K--¡--------2.630?0------r:00ö~önOr-- 1,000,000 [ 998,449·
. ·----nj!fß-/~4-~--~~6RJ9~r~Mj\:~~--- '6k 4.01%· 1,~OO,OÚO r· - - -- -~6lY<J,15(JÖ r f:6-0O:?í?~_·---
·----()3713T04--- or73ö/ö9 IFNMA©---- 6k 2_50%· --- $Úö,TIoor---- - --Sùü;dOO-r--------- ---4!fG;W5---
04l23/ö4-------ìITl23roS !FHLB~--n--------------- - - --'6k 3.15%· 1,486,553-t-- ---13:00,0001------ --1,4S~
04/14/04· j-170jTOmN"MÄ©---- -----------------61<--2050-%; 98S,576 1-- CúOO,OðIJ~--- --- ------1j1D23-
12/15/03· 12rI5708-i;:~::: štep-----------------ó¡(---------j.ÜOo¡¡;t- ],000,000 ¡ 1,000,000 T,tjöO~j¡r4------
03f30102r~ --OJßOlOg! ;step----------------------~6k - - 2.00%1 600;00o-t ----00-0,-000--'- -- ------)9g;212~
12/22/0r m1f67L2/07 ,FNMA¡,j-------- -- -6k 330%, 1:00~,~0(f[----T~01fO;~~Ir:- l;ðO¡;m-
]2/29/03' 03T29107-FHL-NlC<1í ------------------6K - - '300%[ 997,721' ----T 000-01)ð' '-~5-6w)-:--
12/30/03 i 12/30/08fHLMC©, stej) 6k -- "115%: 1.000.01)0- u---iooo:ooo-- --99Ú70-t
City of Cupertino
August 2004
DESCRlPl ION
F
---------
SECURITIES'MA I UREDlCAtLED -
¡---- -~J
:E" , --------""SEC!JRIT!ES PURCHASED
OSiI()¡04 08/10/07 '>HLBIQ.step
-OMŒ4 - 02/24/06 FHLB ~---
6k
6k
2.00%1
275%j
----+----
-----------
'CASH
CA
__ _____n____________+
A
A
1)00.000
1,200,000 I
i
48
-- --- _n -852--
900---
48 '
-852
- - ------90ff--------
48-
852
----9öð- --
---------------- --------------------
=
-- -- ---0-
- ---------------
549
---rëj,oT7
-3,220
(8,213)
(4,189)
2,687
----(1;246)
(8.951)
(3,024)
(2;627)
1:275
(11.608)
" (1.551)
--- 1-10
(],896)
- (1,534)
(15.251)
384
(1,788)
1.533
(2.031)
(1,724)
1-3
City of Cupertino
August 2004
+
I
-UECRIP I ION
Rl:f - -- YIELD
cos.
-vA~
YAIDE
·6k
-- -'Qk--
6k
·6k
6k
·6k
,
- --. -3:D0'[ _ 300.000
4.00%l 496,517
r13% I,OOO,ij@
-----2])(YD;o, 1,200,000
-1~15%" t ,200,000
3.30%, 499,978
.. -26;153;<14
-- ~---_.._-----
-------- -----
--..---------
04/29/04
--- -06/13704
43 Œ4
08/10/04
08/24 04
04/30/04
-10mlOs FHLB©, step
~27Iom {fU'IA©.Siep
04730709 ;FHLB©,·step
- ---n&7mrÚ7 FHLB©,step
-02714/06 cFHLB © -
--- 04/30/07FHLMC©
TŒO,1)¡JO~ . 300. fnn-
500.000-'- ----5oz;,n--
---TOuo,OOO I ---~9<j:1.:r8 .
1,200;000 1,198.8SÇ----
f,10TI.000 1.201.452
--- _ ,00.000 _ --500.596
26,202,192; 26,f:f6,093·
_ ________---L-_______
-- 181
5.993
(152)
-(1.144)
1.452
- 617
(11.855)
Î
- __n ¡
U ~RNMENT SECURITIES
US- ------- I
:..:..' _n I -- ------
iTot8T Managed PortColio
----iiv-e-rage--ViCld - -- - ~-- -----.
----tiverageLeï_gth to Maturity '(ìn-Yë"~Ù~)---------_·
-----~--- I --------
MO
-------------------
----------______00_-1---_.-
------------.-
----- (T
------
..... '--'-=+---'--'. I --------
. 2'r;E=~==~=t-==___--T uu_n___n
í . . -----t--n__n___
I j ______m______
~~t- -~~f - -=~ -=_:TJ{Œ~& A~E~CY PO~T~<Jrr~~= . _==..r--~ .... -r-~-=--j~=-:---
_ ____________ _u_--+_ ________.n
I
L~~~ - --- - m-41,,65~--~_ --<rf,(»)Ó--!·--
---------
--r
-------
-----.--.-
----CËRTff1CA TES-orOEÞöSII:
----Tf17'177í5r:,m----ù9/30/04 -CupertinOr·fätI(Kester Trust) --6b-
____.__n
I
:Total Trusf&~Agency1iOrtfôlío---------
--------!-__ __m
41,656 --
---0
-----.---.---
,
I - -. ----+------t-
--Too--m ___un, -}íONI) RESERVE POR'fYOLlU---- ---00---- u_ ¡--- 1
- I !0/15/02t -~---lu ~:eas~:me;tFU"d ..---r'. _m_m_~., -~=~-~~1~.56-~7~'~,:,'. ------ -:53"
~ !Ú!15/Ö2 __m______ LAIF"Bond Account --. /"( 1,818,039·
_ ±--::-T07f570" - IWel1'FaigOMOney",~,______¡_· 0.59%; 1.820
---T1'otarBOlio 1têSirve Portfolio - ------- -------·-T-
=_+____ -==-_=T-
-J
~~J==
I
--1---
I
- - --------1
Sr __n ---------,d
r:m;IT39 r------n-oo- f,8!8,039ì
1:82tf1 r,82~-----
,
-----------I---m-
o
- -------.--.----....--.-
-n-l
n ______ __j
-- ----------+-------
. l . . .._
--1--------_·
I
_______..___m_
r -----
i-
__ _m__1_ ______m_ __
-----.-
,
- --t--
~_n__
-- ----------l-
__~__m______
~-
,
- ---t---
Î
--.-------
___ _m
,
-l
i
______00______-
--t---m
,
I
____nm___
____+__m__.m_
_n
----------~-_.-
_n._____m__._
----I
--I
----
I~LI
3.00%
2.50%
2.00% .
1.50%
1.00%
0.50%
0.00%
Investments by Type
Managed·Portfolio
US Treasury Notes
D%
Cash
3%
CD's
3%
IRate of Return comparisonl
7/03
8/03
9/03 10/03 11!O3 12/03 1/04
2/04
3/04
5/04
6/04
7/04
8/04
4/04
-+-LAIF
___ Cupertino
7-5
COMPLIANCE WITH INVESTMENT POLICY
City of Cupertino
August 31, 2004
Category
Treasury Issues
US Agencies (eg FHLMC)
Medium Tenn Corporate Bonds/Notes
LAIF
Money Market Funds
Maximum Maturities
"
Per Issuer Max
Bankers Acceptances
Commercial Paper
Negotiable Certificates of Deposit
Repurchase Agreements
Reverse Repurchase agreements
Standard
No limit
No limit
30% with A rating
$40 million
20%
25% up to 15 years
Remainder up to 5 years
10% (except govts)
180 days & 40%
270 days & 25%
30%
365 days
Prohibited
Complies
Complies
Complies
Complies
Complies
; Complies
! Complies
! Complies
Complies
Complies
Complies
Complies
Complies
Comment
7~ft¡
I
,
_ _L
Rep0t!__J-_ ---+-+--
! Actual Actual, % of Budget ~
20003/04 BUdg~t~:W04lO5-Bu;¡gJ-t I YTD 8-31·03 . YTD 8:31-0(=Ö~~;u,;;¡e;.-1 hnah
: I I
.- -- -------, - I-I
8,780,000 8,400,000 1,487,255! 1,188,204 -15.13%1!
3,800,000 3j4-8~000 t~- --- --I! 6,239 -99.00% : Payments rec'd Nov - JaD & Apr-June
1,500,0()01 (560:oo¡¡l~ -13:2,271 136,28~~ -47.58%t-Receivedfo~¡~¡Y~nly -
2,750,002j' 2,740,000 J08,41~_ 180,021 i -~058%. PG&Epayment rec'd earlier this year (than
2,300,000 2,312,000 63,157' 56,486 ·85.34% ,Payments rec'd in subsequent month
_1,~65,000 ¡ -- I ,435,óQU_~_153,943! 189,6481--:20.70%: ! Housingmit. fees up ~ 18k;p..operty tral1~tax ul'-$8k_
1,285,000: 1,600,0001 I 280,453 368,175, 38.07%:~
1, II 0,OöO¡---i::-IJ6;90.0. ~.J. _ 2_48,.074' 1.8. .4,6.7. 5] '6.64~.r.· pOt1foii".-tiOjd..d...oin 3.8%; Investm e...nl b. al."-ic·:".eS_down 27.5fo
2,605,034 2,820,687 90,6391 314,250 -33.15% MVLF curtailed first quarter of 03-04.
410,OO~--- - --490~000. . 69,706r----!9Q-'-706 133.52% 1 Engineering fees -up$75k; zoning & planning fe~sup$44~ -
640,000 6(jQ,0001- _.._ 2,8151 5,481 -94J2% _jl'aXrnentsJ"ec'¡]in subsequentmonth__ _________ _
40,000____.J.62,000¡. .3,0191. _ _1,80~;___ -93.32% :02-03 budget includes additional debt procee,Is
1,500,000: 0: 0 :
-:- -, ---------+------------+ -- I
26.585.0341 28.554.587 2.633.709] 2.821.9771: -40.70% _ ____
, , I
I ' I
------1-----, . ---.-. ------
¡j08}O~ 1,360,02..4" J _ 161;)90- 161,51 ~----2Ù~%J
6,697,396 6,723,1531! 1,039,284 1,064,656 -4.99% 1
680,388 718,3551 I 113,601, 91,196 -----23.'83% Cupertino Sc~ne postage I'd in lump sum last year
.'I..1J!0,~ 15 I -- 4 104 8181- _ __ 27,872:· n-840~Ö56·----22. 79%. ¡ [In. surance Premiums ($328kll'-<l.at beginning of flscal year,-
2,220,03IT__~':161219, 349,029[__ __}41,494 .3..:39'Yo¡
2,888,800 2,661,498' 317,042 300,672: ·32.22%!
- Ù77~ 778! 9.364.0541---1:185:79-11 1.148.0611_n_.:.26.44o/~!1
26.552,91+ 27.193.171 3.994,01~ 3.947,6461 -12.900/(,.¡-__
---~------ - -- t
2g500 456,2261
-825.834 ·810,6661
City of Cupertino
General Fund Budget
last).
1
0.00%
0.00%
2,737,365
·4.864.000 :
---------
----------¡
631,950:
-------
-4.303.357
-1.480.109
-1.948,640
~9
-3.639.286
Use ofMonex & Property
Inter~ovemmental
Charges for Services
Fines & Forfeitures
---------
Other Revenue
Sale of Property__
Total Revenue
(Jperating Experlditures:
Administrative
Law Enforcement
Community Service
Administrative Service
Recreation Service
CommunitYi)evelopment
Public Works
----- ----
T{jtal Expenditur~_
Operating Transfers In
Operating Transfers Out
Net Income/Loss
-
-.J
I
--J
8/31/2004
Taxes:
Sales Tax
Prol'"--rtyJ_ax
Transient Occupancy
Utility Tax _
Franchise Fees
Other Taxes
Licenses and Penn its
Revenue Comparison
1,600,000
1,400,000
1,200,000
1,000,000
BOO,OOO
400,000
200,000
o
2
3
4
5
6
7
8
9
10
11
-200,000
Expenditure Comparison
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
0
2 4 5 6
_YTO 8131/03
E3YTD 8/31/04
12
I Sales Tax
2 Property Tax
3IOT
4 UtiJityTax
5 Franchise Fees
6 Other
7 Licenses & Permits
8 Money & Property
9 Intergovernmental
10 Charges for Services
II Fines & Forfeitures
12 Other Revenue
1 Administrative
2 Law Enforcement
3 Community Service
4 Administrative Service
5 Recreation Service
6 Community Development
7 Public Works
,-(
City of Cupertino 1_ L 1 1 .-1- __
SW11IIl<rrY0fBudgetTran~fer~-- +--I------=-~_~_-_____~-.~ t- _
~~~6~~F~d- _ -- _ _ _ -- -- __I - - -1__ ~___
-- -- - - - -- - _J _ + _ _ _ _ __ __ __ _-___ ~[------
Budget 1 Revenue 'Expenditure
= =--OescriDtion- =-:1:::_ L___ Acct #__IAd¡ustmen~__BUdget__l-~.I3Udget =
2004/05 ADOPTED BUJ)GET___...:.-i _- '!.. -=--.=----+C'---------~j-----3j ,285:0~___.!1 ,452,000
2003/0'¡-CA.RRYOVER~- - - +- -1----" -- --T---- - i--- -- -
- .- - -'.- - - --0.- - - __..__[ _ -_-1-__ ___ __ _ _
. Encumbrances_ __ ___ ___ --1 _ ~ious ___ "_. __ _..181238 __ __ 1_ _ J.!!1,938
. ~~~:~~~rers -~- ...:..--i=i::~~i===I= . 6,i~~~~ ==_ _=.1= _6Ji~::N
Reduce.!òcopass&conj.Mgm"t..._I_ ¡IlO-8005-7107_1__-17,92-º- ____ f-- ~1'7,920
Remove benefits wi PT position llO-4400-5713 , " -1,550-1- ' , , -1,550
RE"~E"";;TM':"=::~- .... ~=--=-,......... -~= --::
==-~~, "~-~ ~" ~~.,~.,., . ~'.n " - , . '. . "t- ----~i- -- - ,.' .. ~_ __- =-
-- - -- - - --- - - - - - - - - I - - - -- - - - 1- --- -
EXPEN'DITUREADJUSTMENTS: +- - 1- - - - - - -- - 1- - - - -
~:m ~~:~ ::: :::~~~~:::::~ fr:f-- ---- I:: ~:~~~;:~~: ~_-J..-_- ~~:m 1---- ,~~.,~ L -=---IN{~
J:art2'~()v~h¡w enforcement grants-=I_~--+ 110:2401-7014_ --'--=-=9,99~~ === L~ ~~~~9,229
- ------ ---- - 1-1-'-- -- ...L_ - - --__
2004/05ADJUSTEO-BUDGET 1- -- - -- - -, - ---31,285,0001-- 38)64,623
1-1
T ola! Budaet Encumbrance
139,741.90
1,324,837.061
124,804.831
75,000,00
54,465.62
30,219,001
204,903.101
108,674.961
,823,594.78i
,264,824.401
382,340.211
49,378.49 I
30,000.00 I
51,789.00 :
211,652.00 i
6,260.70 !
3"4QT
Current Bal
44,511.80
840,167.55
7,003.00
0.00
1,646.67
30,219.00
Exoenditure
91,910.10
459,669.50
62,511.42
75,000.00
52,818.95
3,320.00
25,000.01
55,290.41
0.00
0.00
¡
156,358 29
a9,315.01
498,594.78
682,205.18
70,217.83
49,378.49
30,000.00
51,789.00
211,652.00
6,260.70
3.40
53,896.06
34,623.64
352.61
0.00
15,976.55
500,000.00
4,145.92
1,000.72
0.00
107,554.20
39,936.90
261,251.07
35,291.36
870.79
47,686.55
403,737.54
20,000.00
182.43
11,900.00
5,000,00
205,000.00
200,000.00
825.73827
76,861.60
0.00
1,152.26
531,644.96
47,709.29
6,2DD,B35.42
2,173.60
1,883.88
520,000.00
574,105.49
82,305.68
43,124.63
2,144.88
333,615.93
51,700.00
0.00
2,466,417.00
936,122.00
14,358.89
(295.18
3,604.00
45.19
647,644.06
643,754.98
0,00
25,705.66
62,560.07
0.00
9,940,29887
990,292.69
122,220.00
2,093,381.05
34,786.66
34,158.90
46,3712
17,476.07
805,000,00
8,513,73
229,816.70
0.00
0.00
0.00
19,888.00
0.00
0,00
0.00
35,641.11
21,132.50
0.00
0.00
0.00
0.00
70,556_80
0.00
188,100.00
0.00
0.00
0.00
7,460,382.04
5,000.00
0.00
0.00
0.00
0.00
97,020.69
36,768.52 !
333,96é.54 !
0.00 [
87,564.55
500,000.00 I
2,470,562.92¡
937,122.72
50,000.00 I
128,391.52 !
43,540.90 i
261,296.26 1
682,935.42 I
644,625.77 ¡
47,68655 I
500,000.00 i
20,000.00 I
62742.50 I
200:000.00 ~
5,000.00
205,000.00 i
200,000.00 i
8,226,419181
1,072,154.29 ;
122,220.00 I
í
2,094,533.31
566,431.62
81,868.19
35,560,342.90
Capital Projects
6/30/04
.
Adooted chanae
105,418
343,000
25,000 (75,000~
800,000
750,000
75,000.00 ( 120,000.00)
(181,95000)
(15,000.00)
125,000.00 : 150,000.00)
500,000.00
17,000,00
50,000.00
130,000,00)
(91,000.00)
60,000.00
205,000.00
200,000.00
(17,00000
~1,000.00
130,OQO.00
75,000.00
C/O budaet
25,221.40
954,764.06
5,9aB.19
75,000.00
65,433.981
30,219.00:
189,943.291
91,198.89i
998,594.78î
13,455.251
70,209.001
49,378,49i
75,000,001
51,789.001
211,652.00i
6,260.70~
181,953.40,
53,694.60 i
20,732,03!
46,139.941
25.00000 I
21,026.551
0.00
2,447,882.92
937,122.72
0.00
105,129,83
43,54090
261,036.00¡
21,918.591
300,561.00
47,686.55
500,000.00 I
150,000.00 ~
129,569.311_
140,000,00;
5,000.00 i
0.001_
0.00 ,
17,504,854.191
926,01247[
0.001
1,891.972.721
491,431.621
71,493.091
I
29,237,866,46 I 2,410,4
I
c/o enc
9,102.50
27,073.00
118,816.64
39,031.64
14,959.8
17,476.07
25,000.00
501,369.15
312,131.21
43,326.09
16,036.49
302,828.60
66,538.00
0.00
5,680.00
0,00
0.00
23,261.69
260.26
661,016,83
344,064.77
0.00
73.19
0.00
0,00
0.00
738,564.99
15,141.82
122,220.00
72,560.59
1
24,
9116 San Thomas trail improvements__
9117 Stev Crk Trait master plan studv
9119 PortaVWilson park improvement
9121 Memorial park softbaU field impv.
9216 Service center emanison
9219 Anima! control facilities
9223 Civic center improvements
9224 Civic center plaza improvements
9225 CH space study
9528 280/Wolfe traffic safety ¡morov.
9530 Phase !II Hmstd arterial mgml
9533 Green LEO T/S lights
9534 Advanced ITS De Anza blvd
9535 Adaptive tral control system
9541 School traffic calming measure
9544 Safe routes CHS
9545 TIS upgrades various locations
9546 Traf operation center facilities
9547 Yellow ped LED T/S upgrades
9548 Traf st walkability mods facility
9549 Safe route Garden Gate school
--
9550 TIS
Proi# Descriotion
9612 Minor Storm Drain Imorov
9620 Storm Drain Projects
9430 Stev Canyon Ad widening
9432 Hmstd beHeville TIS mooif
9435 Neighborhood tral calming
9436 Slev Crk Trail Bike facilities
9443 Bollinger Ad bike facility improv.
9447 Mary Avenue gateway
9449 Mary Avenue Footbridge
9450 Pavement Management
9531 Ramp meter signal 280/85
9532 SAB5/Stev Crk TIS modification
9701 Sidewalk gaps unimprv areas
9702 Citywide bike parking facilities
9213 McClellan Aanch btdg improv.
9113 Stev Crk trail masterplan
9115 Skate Park
battery power backup
9222 Library construction
9313 Four Season Corner
9314 Four Season Art Sculpture
9212 Sports Ctr.fitness expansion
9105 Blackberry Farm
9112 BBF master e.lan study
Fund
210
215
270
270
270
270
270
270
270
270
270
270
270
270
280
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
420
423
425
425
426
560
560
20,368,01890
8,991.488.58
401,050.00
8.00
1
0.00
0,375.10
,008.44
1
3.5
Total
~
1
~
~
DRAFT
RESOLUTION NO. 04-414
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING THE CUPERTINO UNION SCHOOL DISTRICT'S MEASURE 0 ON
THE NOVEMBER 2, 2004 BALLOT
WHEREAS, having schools of superior quality is one of our community's greatest assets.
WHEREAS, many families move into this community because of the quality education
our local schools provide, which helps to keep local property values strong.
WHEREAS, the Cupertino Union School District serves children who reside in the City
of Cupertino, and
WHEREAS, without action on the part of our community, the elementary and middle
schools in the Cupertino Union School District will be unable to maintain the excellence for
which they are known; and
WHEREAS, the Cupertino Union School District receives the lowest level of state
funding per student out of all 33 school districts in Santa Clara County. Despite limited funding,
its schools continuously rank among the very best in California; and
WHEREAS, recent state budget cuts threaten the Cupertino Union School District's
ability to sustain quality education for the 16,000 children that attend its schools; and
WHEREAS, the Board of Trustees of the Cupertino Union School District has placed
Measure 0, a parcel tax of $98 per year, on the November 2, 2004 ballot. Measures 0 will cost
homeowners about $8 a month for six (6) years and allows for homeowners over the age of 65 to
apply for a full exemption; and
WHEREAS, funds from Measure 0 will be used to attract and retain outstanding
teachers, maintain manageable class sizes, maintain academic support specialists; maintain the
District's outstanding music and art programs, and continue proven academic programs that
enhance student achievement; and
WHEREAS, the Cupertino Union School District needs the support of the City of
Cupertino to ensure that the quality of its schools in the City are maintained. This support of
Measure 0 is essential to the future oflocal schools and the children who attend them.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
hereby endorses Measure 0 on the November 2, 2004 ballot.
gr:¿-/
Ordinance No. 040-414
2
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Cupertino this 4th day of October 2004, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
If ct - d.-..
RESOLUTION NO. 04-415
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING THE FREMONT UNION HIGH SCHOOL DISTRICT'S MEASURE L
ON THE NOVEMBER 2, 2004 BALLOT
WHEREAS, having schools of superior quality is one of our community's greatest assets.
WHERAS, many families move into this community because of the quality education our
local schools provide, which helps to keep local property values strong.
WHEREAS, the Fremont Union High School District serves children who reside in the
City of Cupertino, and
WHEREAS, without action on the part of our community, the five high schools in the
Fremont Union High School District will be unable to maintain the excellence for which they are
known; and
WHEREAS, over the last two years, funding for the Fremont Union High School has
declined while student enrollment has grown and costs have increased; and
WHEREAS, the Fremont Union High School District has been forced to cut more than
$8 million from its school district budgets the past two years; and
WHEREAS, this $8 million in cuts represents $5 million cut in 2003-2004 resulting in
the loss of 18 teaching positions and numerous elective courses. Students are no longer
guaranteed that they can take more than six courses per semester and may be limited to only one
math and science class per semester. Another 24 classified positions were eliminated in 2003-
2004; and
WHEREAS, the remaining $3 million in cuts are in the 2004-2005 budget. This cut is
accomplished by a salary rollback for all Fremont Union High School District employees,
constituting a 4.9% reduction in salaries; and
WHEREAS, administrative positions and other administrative costs were reduced in the
past two years by well over $1 million; and
WHEREAS, the Fremont Union High School District has placed Measure L, a parcel tax
of $98 per year, on the November 2, 2004 ballot. Measure L will cost homeowners about $8 a
month for six (6) years and allows for homeowners over the age of 65 to apply for a full
exemption; and
WHEREAS, the Fremont Union High School District needs the support of the City of
Cupertino to ensure that the quality of the high schools in the City are maintained. This support
of Measure L is essential to the future oflocal schools and the children who attend them.
?b·-/
Resolution No. 04-415
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
hereby endorses Measure L on the November 2, 2004 ballot.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Cupertino this 4th day of October 2004, by the following vote:
Vote Members ofthe City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
tb- ~
RESOLUTION NO. 04-416
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING THE SUNNYVALE SCHOOL DISTRICT'S MEASURE P ON THE
NOVEMBER 2, 2004 BALLOT
WHEREAS, having schools of superior quality is one of a community's greatest assets.
WHEREAS, many families move into a community because of the quality education
local schools provide, which helps to keep local property values strong.
WHEREAS, the Fremont Union High School District and the Cupertino Union School
District serve children who reside in the City of Cupertino and children who reside in the City of
Sunnyvale; and
WHEREAS, the Fremont Union High School District serves children who attend
elementary and middle schools in the Sunnyvale School District; and
WHEREAS, without action on the part of the communities served by these districts, local
schools will be unable to maintain the excellence for which they are known; and
WHEREAS, the Sunnyvale School District passed Measure A eight (8) years ago to
begin modernization of its school facilities; and
WHEREAS, Measure A projects were completed on time and under budget; and
WHEREAS, the Sunnyvale School District has placed Measure P, a bond to fund the next
phase of school repairs for its local elementary and middle schools, on the November 2, 2004
ballot. Measure P will cost about $24 per $100,000 of assessed value (not market value) a year;
and
WHEREAS, the support of Measure P is essential to the future oflocal schools and the
children who attend them.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
hereby endorses Measure P on the November 2, 2004 ballot.
te. -I
Resolution No. 04-416
2
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Cupertino this 4th day of October 2004, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
rC-Å
I F
CUPEIQ1NO
~;"
._-~
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3182
FAX: (408) 777-3174
CODE ENFORCEMENT DIVISION
SUMMARY
Agenda Item No: J 0
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Public hearing to consider abating a public nuisance at 10240 Johnson Avenue (APN 375 25 062, Mike
and Julie Jacobson property owners).
BACKGROUND
Chapter 9.22 of the Cupertino Municipal Code defines Property Maintenance. Section 9.22.020 D
further states that an accumulation of litter, junk, machine parts, waste paper, boxes, tires, etc. can be
considered a public nuisance and prohibited as unlawful. On February 25, 2004 a complaint was
receivcd regarding a large amount of stored materials in the front yard setback.
Upon researching this address, I found that this same property was subject to similar complaints in
January 2002 and August 2003. Numerous attempts have been made in writing and in person to have
the property owner's cleanup front yard setback and they have been uncooperative. (See Exhibit A).
STAFF RECOMMENDATION
This is a recurrence of the same problem that has occurred yearly since 2002. Based on the fact that the
violation continues to occur, it is the staffrecommendation that the City Council declare the property at
10240 Johnson Avenue a public nuisance; and furthermore, that the property owners be ordered to
permanently abate said nuisance by October 18,2004 or City Staff will have said property cleaned up so
110 such property maintenance violation exists; Furthermore, all costs of this action will be assessed to
the property owners. Staff also asks that the City Council order the property owners to maintain the
property in the future to avoid a recurring public nuisance.
Submitted by:
Approved for submission to the
City Council:
~
fr ryb ..
.od or·· . ent Officer
JlJk
David W. Knapp
City Manager
Printed on Recycled Paper
Ið~ (
RESOLUTION NO. 04-417
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10240 JOHNSON
AVENUE (APN 375-25-062), MIKE AND JULIE JACOBSON PROPERTY
OWNERS
RECITALS:
(a) On September 7, 2004, the City Council of the City of Cupertino adopted
its Resolution No. 04-393 (attached) declaring a public nuisance at 10240 Johnson
Avenue because of an excessive amount of uncontainerized garbage, furniture, tools,
lumber, recyclables, automobile parts, and appliances in view of the public right of way;
(b) Pursuant thereto, the City Council of the City of Cupertino held a hearing
with on October 4, 2004, at 6:45 p.m., in the Council Chambers, in the City Hall, located
at 10300 Torre Avenue;
(c) The following members of the City Council were present: James, Kwok,
Lowenthal, Wang and Sandoval.
(d) The following members of the City's staff, among others, were present:
City Manager David Knapp, Director of Administrative Services Carol Atwood, City
Clerk Kimberly Smith, City Attorney Charles Kilian, and Code Enforcement Officer
Jeffrey Trybus;
(e) The following interested persons were also present:
(f) After hearing opening remarks, the City Council heard and considered all
relevant evidence including, but not limited to, testimony under oath from owners,
witnesses and parties interested, as well as received into evidence exhibits and staff
reports, relative to said matter;
(g) Following the presentation of all evidence and closing remarks, the City
Council considered the matter, and resolved as follows:
I. The following findings of fact are hereby made:
(a) Notice ofthe time and place ofthe hearing to abate, and Resolution
No. 04-393 were duly and regularly posted and served, as required by the provisions of
Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code.
lo-:z.
Resolution No. 04-417
Page 2
(b) An excessive amount of uncontainerized garbage, furniture, tools,
lumber, recyclables, automobile parts, and appliances in view of the public right of way
on parcel 375-25-062 located at 10240 Johnson Avenue in the City of Cupertino, State of
California, constitutes a public nuisance, in that said obstruction constitutes a hazard to
public health, safety and general welfare, by reason of threatening the free use and
enjoyment of adjoining property and a possible sight obstruction for vehicular traffic.
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
. Removal and disposal of un containerized garbage, furniture, tools,
lumber, recyclables, automobile parts, and appliances in view of
the public right of way at 10240 Johnson Avenue by October 18,
2004.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this
Resolution, which time, upon good cause shown, may be extended for a reasonable time
by the City Council.
(d) If such public nuisance is not abated within such time or any
extension of time that may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
(e) The property owner shall continue to maintain the property in such
a way as to avoid a recurring public nuisance.
10 - 3
Resolution No. 04-417
Page 3
ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day
of October 2004, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
f O-t.(
Exhibit A
List of Chronological Events
On Febmary 25, 2004: I inspected the property and observed an accumulation of garbage, materials and
debris stored in view of the public right of way and a Ford Aerostar, parked on the dirt in the front yard
setback.
February 26, 2004: A letter was drafted and mailed to the property owner(s) regarding the condition of
the property. [n the letter, I gave a deadline of March 12,2004 to cleanup the property and to move the
vehicle onto the driveway or street. See Exhibit A
On March 19, 2004 I re-inspected the property and found no change in condition of the property. A
second letter was sent to the property owners. In the letter, I gave a new deadline of April 9, 2004 to
cleanup the property. See Exhibit B
On April 01, 2004 I conducted a drive by inspection of the property and no change in condition of the
property.
On April 23, 2004 I spoke with property owner, Julie Jacobson at her residence to discuss the violation.
I noticcd a table saw and building materials sitting in the driveway. Julie Jacobson advised that her
husband is doing a re-model inside the house. I asked if she has a building permit and she stated that
they did not obtain one. I advised Julie Jacobson to cleanup her property and she stated she felt like she
was being harassed by the City of Cupertino.
On April 23, 2004 a final notice letter was sent certified and regular mail to the property owners. In the
letter, I gave a new deadline of May 21,2004 to cleanup the property. See Exhibit C
On May 04, 2004 I spoke with Greg Casteel in the building department and advised him of the remodel
without a pem1it at this address. Greg Casteel stated he and Building Inspector, Larry Squarcia would
be inspecting the house to see if they require a building permit. I submitted a Citizen Compliant Form to
the building department on this date. See Exhibit D
On May 06, 2004 property owner, Julie Jacobson signed the certified mail receipt that I sent earlier on
April 23, 2004. It should also be noted that I have not received any phone calls or other correspondence
regarding my letters as of this date. See Exhibit E
On August 10, 2004 a final inspection was conducted and I noticed an accumulation of household
products, lumber, fumiture, recyc1ables, unsecured garbage cans, auto parts, bicycle, garbage and debris.
The white Ford, Aerostar was also seen being parked on the dirt in the front yard setback.
On August I 1,2004 I took (4) four photographs of the property. See Exhibit F
On September 7,2004 the Cupertino City Council set date of public hearing for October 4,2004.
On September 22, 2004 the property was posted with the notices for public hearing. See Exhibit G
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On September 22, 2004 I mailed a copy of Resolution No. 04-393 by regular and certified mail.
On September 23, 2004 Rei Delgado with the City of Cupertino video department called and wanted
assistance with the video roll by. Rei advised that he did not feel comfortable with filming the property
with the residence at home. I responded to the Jacobson property along with Deputy Jim Post with the
Sheriffs Office. The video roll by was taken without incident.
On September 24, 2004 I received the certified mail receipt and Mike Jacobson signed it. See Exhibit H.
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CUPEIQ1NO
City Hall
10300 Torre ^VCllllt:
Cupertino. CA 95014-3255
Telephone: (408) 777-3182
Fax: (408)777-3174
CODE ENFORCEMENT DIVISION
SUMMARY
Agenda Itcm No:--1I-
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Public hearing to consider abating a public nuisance at 20091 La Roda Court (APN 369
34 (UO, EC and Colleen P. James property owners).
BACKGROUND
On November 3. 2003 a complaint was made to the Code Enforcement Division
regarding the property located at 20091 La Roda Ct., Cupertino. The reporting party was
concemed with overgrown weeds in the front yard and a large accumulation of garbage
and refuse being stored in the front, side, and rear yards.
Subsequently, the property was inspected and the following violations were documented:
I. Dry and overgrown weeds in the front yard.
2. Medium sized palm tree overgrown and obstructing safe pedestrian passage on the
sidewalk.
:1. An excessive amount of un containerized garbage and debris in the front, side, and
rear yards.
The Code Enforcement Division has written three letters to the property owner and made
several personal visits to the propel1y in an effort to have the violations corrected and the
property brought into compliance. The final two letters were mailed both certified and
regular mail and were both retumed unclaimed. In addition, several letters were mailed by
the Building Official regarding the excessive garbage and numerous unresolved Building
ane! Housing Code violations existing with the residence.
This residence was previously dccmed uninhabitable by Cupertino Building Official,
Grcg Casteel in a Ictter addressed to the property owners, EC and Colleen P. James on
August 10. 2000. At that time, Ms. James was living in the house with her adult daughter
and there was a large accumulation of garbage and refuse that was removed from the
interior residence and exterior yard areas. The garbage and refuse was removed from the
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20091 La Roda Comi
Page 2 of 2
property through a Council declared Public Nuisance. Ms. James was given an
opportunity to either make repairs to the residence or relocate her housing. Ms. James
elected not to make the repairs and located housing elsewhere. Sometime between that
time and November 2003, Ms. James and her daughter moved back into the residence
without approval from the Building Official and again accumulated a significant amount
of uncontainerized garbage and refuse.
ST AFF RECOMMENDATION
StalT recommends that the City Council declare the aforementioned conditions on the
property at 20091 La Roda Court a public nuisance and order the property owners to
permanently abate said nuisance by Monday, October 18, 2004. Should the property'
owners not abate tbe nuisance by that date, staff will abate the nuisance and all costs
incurred will be assessed to the property owners.
Submitted by:
~
David W. Knapp
City Manager
Alex Wykoff
Code Enforcement Office
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Resolution No. 04-418
Page 2
(b) An excessive amount of uncontainerized garbage, dry and
overgrown weeds, and overgrown foliage obstructing the sidewalk on parcel 369-34-030
located at 20091 La Roda Court in the City of Cupertino, State of California, constitutes a
public nuisance, in that said obstruction constitutes a hazard to public health, safety and
general welfare, by reason of threatening the free use and enjoyment of adjoining
property and a possible sight obstruction for vehicular traffic.
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance shall be abated.
(b) A description of the needed corrections and/or repairs, necessary to
comply with the abatement order is as follows:
. Removal and disposal of un containerized garbage, dry and
overgrown weeds, and overgrown foliage obstructing the sidewalk
at 20091 La Roda Court by October 18, 2004.
(c) Any property owner shall have the right to have the public
nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this
Resolution, which time, upon good cause shown, may be extended for a reasonable time
by the City Council.
(d) If such public nuisance is not abated within such time or any
extension of time that may be granted, the Director of Administrative Services shall, by
City forces or private contract, cause the same to be abated.
(e) The property owner shall continue to maintain the property in such
a way as to avoid a recurring public nuisance.
11- t./
Resolution No. 04-418
Page :3
ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day
of October 2004, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
11-)
Exhibit A
List of Chronological Events
Novemher 3, 2003: Complaint received anonymously via Code Enforcement Officer,
Gary K0111ahrens. Discussed the previous activity with Building Official, Greg Casteel.
November 5. 2003: Joint inspection of the property with Casteel. Observed dry,
overgrown weeds and garbage in the front yard, and uncontainerized garbage in the side
yard. Spoke to daughter Patricia James through the front door who was uncooperative
and unwilling to pennit an inspection of the residence or rear yard. Left business cards at
the door requesting she call within one week to discuss the situation. Began referral
process to Social agencies to try and locate assistance for James and her daughter.
November 19, 2003: No contact from James. First letter mailed. (Exhibit B)
Deeember 17, 2003: No response from James, second inspection of the property.
Conditions remain unchanged.
Jalluarv 6. 2004: Second letter written and certified mailed to James. (Exhibit C)
Jalluarv 29. 2004: No response from James, third inspection of the property. Conditions
remain unchanged.
Fehruarr 2, 2004: Letter dated .January 6, was returned with unclaimed status. Third
violation letter written and certified mailed to James. (Exhibit D)
Februarv 17. 2004: No response from James, fourth inspection of the property.
Conditions remain unchanged.
Fehruarr 23. 2004: Letter dated February 2, was returned with unclaimed status.
Fehruarr 24. 2004: Discussed the case with Casteel who will send notice to James
regarding the occupation of the rcsidence. My case is pended and will be coordinated
with Casteel's should the matter become a nuisance abatement.
April 7, 2004: Casteel sent .James a letter requesting an inspection of the entire property.
(Exhibit E)
April 27. 2004: Inspection of the property was conducted with the permission of James.
I verified the excessive accumulation of garbage in the rear and side yards, the overgrown
weeds and tree in the front yard. Photographs of the property taken. (Exhibits F,G,H,I)
April 28. 201J4: Discussed the case with Casteel and Assistant City Attorney Eileen
Murray. Murray directed Casteel to send James a final compliance notice.
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Mal' 18. 2004: Casteel mailed James a final notice with a compliance date of June 17.
(Exhibit .I)
Juue 22. 2004: Inspected the property with Casteel. Spoke to daughter Patricia James
who advised in vague terms about possible cleanup and repair of the residence. No
visible change in exterior conditions was noted.
Juue 29. 2004: Met with Senior Management to discuss options to pursue for remedy.
Casteel was directed to continue pursuit of public assistance for the James family and re-
evaluate.
Julv 26. 2004: Second meeting with Senior Management and the Sheriffs Department.
It was determined that the property would be re-inspected on July 27 and if James was
present, she would be removed from the property and placed with assistance from County
Adult Protective Services. The house would be secured from entry based on the August
10, 2000 vacation order. Code Enforcement would then proceed with a nuisance
abatement to abate the exterior violations.
Jull' 27. 2004: Met at the site with Casteel, County Health Department, the Sheriffs
Department, and Adult Protective Services. Colleen and Patricia James were living in the
residence and were assisted in voluntarily leaving the residence by the Sheriffs
Department. Colleen .lames was informed the house would be secured and that she was
not pemlitted to enter the residence.
Ju/)' 28. 2004: Casteel coordinated the securing of the residence by City staff.
September 7. 2004: Resolution passed by the Council setting a Public Nuisance
Abatement hearing for the property to be held on October 4.
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CITY OF
CUPEIQ1NO
Cupertino City Hal1
] 0300 TOITe Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3255
Fax: (408) 777·J174
CODE ENFORCEMENT DIVISION
November 19.2003
Colleen P. .lames
2009 I La Roda Cout1
Cupertino. CA 950]4
Dear Ms. .lames:
This letter is a second attempt to contact you regarding the condition of your property
located at 20091 La Roda Ct., Cupertino. On November 5, 2003, Cupertino Building
Official. Greg Casteel and I tried to contact you in person at your home to discuss a
recent complaint filed about the condition of the property. On the aforementioned date I
left my business card with your daughter Patricia, and requested you call me to discuss
the situation. Several days have passed, and unfortunately, I have yet to receive a
response from you.
It is our intention to work with you and assist you in any way possible to address the
situation. It is however. impol"tant that good communication and cooperation is
established to expedite this process. Unfortunately, if we do not hear from you we have
no other option than to pursue other legal remedy.
Your prompt response and attention regarding this matter is very much appreciated.
Please contact me at (408) 777-3255 upon receipt of this letter to further discuss the
situation. I look fOl"\vard to hearing from you soon.
Sincerely, ,,~JI.
A~O~~ua-
Senior Code Enforcement Officer
cc: Greg Casteel. Building Official
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CITY OF
CUPEIQ1NO
Cupertino City HaJJ
10300 Torre Avenue
Cupertino, CA 950] 4·3255
Telephone: (408) 777-3255
Fax: (408) 777-3174
COOE ENFORCEMENT OIVISION
.I'"llIary !J. 2004
C,'llecn P .lames
2009] La Roda Court
Cupertino. CA 95014
."'PN 36934030
DCdl Ms L1mcs'
As you are aware a complaint has been made to this office regarding the condition of
your property located at 20091 La Roda Ct., Cupertino. Subsequently an inspection of
your property was conducted and the following violations of the Cupertino Municipal
Code (CMC) were observed:
-' '\11 C;;CCSSI\ c accumulation of uncontainerized garbage and debris in the side and
rcar yards (6.24 CMC).
-' More tban one week's accumulation of garbage on the property (6.24 CMC).
Based upon my observations, the above conditions constitute a violation of the Cupertino
MunicIpal Code related to garbage storage. This code is intended to promote the health,
sÚctv. dl1d welfale of persons residing in Cupertino and to protect the neighborhoods
dg,"nsI blighting conditions that contribute to the downgrading of neighborhood
aesthetics and property values. The aforementioned code sections make it unlawful and a
public nUIsance to keep or maintain any property with the above conditions.
To comply with the municipal code you must:
-' R,'111111C allll appropriately dispose of all uncontainerized garbage and debris on
t be property.
:J M,ltntain no more than one week's accumulation of garbage on the property.
I helve attcmpted to contact you, both in person and via letter, on several occasions to
discuss this situation and to offer assistance to you with clean up and to evaluate any
,)Iher se",ces vou may need. To date, I have not received any response from you. I am
cager 10 work with you to correct the situation, however, your cooperation is imperative
for this tp occur.
PleilSc he IIclvisecl rhar rhe Cuperrino Building Official, Greg Casteel is also pursuing
<01/11101111101'011 regarding several unresolved code violations/rom two years ago. It is
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1'('1'1' II17I'0rl(/111 10 eonlacl him immediately regarding these issues. Mr. Casteel can be
COl1fClefed dfreellv ClI (408) 777-3206.
Your prompt response and attention in resolving this matter is very much appreciated. I
will re-inspect the property on Tuesday, January 20,2004. Please have the violations
cOITected by tbat date. Should you have any questions or concerns, please do not hesitate
to contact me directly at (408) 777-3255.
S~ UJ"t//
Alex Wykoff "(j1~
Senior Code Enforcement Officer
cc Greg Casteel, Cupertino Building Official
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CITY OF
CUPEIQ1NO
('LlpertinoCity Hall
10300 Torre Avenue
Cupertino. CA ()50 14-3255
Telephone: (408) 777-3255
Fax (408) 777-3 I 74
CODE ENFORCEMENT DIVISION
February 1. 1004
Colleen p, .lames
10091 La Roda Court
Cupertino, CA 95014
APN 3(,9.\4 OJO
Dear Ms, .lames.
As you are aware. this office is investigating a complaint of several violations of the
Cupertino MUl1lcipal Code at your residence located at 20091 La Roda Ct., Cupertino.
The liolatlons relate to an excessive accumulation of garbage and debris on your
properly. I have mailed you two letters dated November 19, 2003 and January 6, 2004
notifying you of the situation, requesting your cooperation in resolving the violations. To
date. I have not I'eceived any contact from you.
As previously stated. I am eager to work with you in correcting the situation and assist
you in any way I am able, Unfortunately, ¡ cannot achieve this without your
parllClpallon, I I' I '1111 unable to work with you to resolve this matter, I will have no
option other than to pursue the matter as a public nuisance and request the conditions be
declared as such,
In élddition to the aforementioned violations, Cupertino Building Official, Greg Casteel is
pursuing contact with you to clarify several concems he has from a previous case.
It IS II Ill'lorlty of the City to work with residents to correct any inconsistencies with the
municipal code and/or other regulatory codes. ¡ urge you to contact Mr. Casteel and I to
address these Important issues. We are here to help you.
I \\ill conduct another inspection of your property on Monday, January 16, 2004.
Please hllle the violations con'ected or at a minimum, a reasonable plan of action to
correct the I'iolalions by that date,
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20091 La Roda Court
Page 2
If I can be of assistance to you, please do not hesitate to contact me at (408) 777·3255.
Si(5t ()J. A.J 1 .
Alex Wykoff rrr-
Code Enforcement Officer
cc: Greg Casteel, Cupertino Building Official
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Community Development
10300 Torre Avenue
Cupertino CA 95014
Telephone (408) 777-3228
Fax (408) 777-3333
ciTY OF
CUPEI\11NO
Building Department
April 7, 2004
Colleen James
20091 La Roda Court
Cupertino, CA 95014
Re: Inspection of residence
Dear Ms. James,
As you were informed in a letter sent to you dated August 10, 2000 and a conversation we had, your residence at
20091 La Roda Court was deemed uninhabitable. You were notified that you would need to secure the services of a
licensed contractor to work with the City and evaluate what is needed to bring your residence up to the minimum
standards to allow habitation. Until this work was completed to the satisfaction of the City, the residence cannot be
occupied and it was posted as such. The posted sign stated, "it is a misdemeanor to occupy this building, or to
remove or deface this notice".
I have not heard from you, so I stopped by your residence several times. I found it in the same uninhabitable state,
and it did not appear that the residence was occupied.
However, a complaint was received by our Code Enforcement office that debris is accumulating in your yard and
that you are living in the residence. Alex Wykoff from the Code Enforcement office has requested that you contact
him to set up a time to meet and do a walk-through inspection of your residence. This inspection is to establish
whether you are living in the residence and whether it meets the minimum safety requirements for habitation.
To date you have not responded to his letters or his e-mail.
Please be advised that I am requesting a meeting to inspect your residence no later than April 27, 2004. If a
meeting and inspection has not been accomplished by that date, I will be forced to proceed through our City
Attorney. This is not the avenue that I would prefer, since it would bring additional costs to you. Our intent is to
detennine if the complaint is valid and see how we can best help you.
I can be contacted at (408) 777-3206.
Sincerely,
Greg Casteel
Building Official
cc: Eileen Murray, Assistant City Attorney
Alex Wykoff, Senior Code Enforcement Officer
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Community Development
10300 Torre Avenue
Cupertino CA 95014
Telephone (408) 777-3228
Fax (408) 777-3333
èiTY ÖF
CUPErQ1NO
Building Department
May 18, 2004
Colleen James
20091 La Roda Court
Cupertino, CA 95014
Re: Inspection of residence
Dear Ms. James,
On April 27, 2004 at 2:00 p.m. Alex Wycoff from Code Enforcement, Larry Squarcia from the
Building Department and I came to your residence at 20091 La Roda Court regarding a
complaint about a build up of debris. Thank you again for granting us permission to inspect your
residence and property.
The results of the inspection are as follows:
I. The side and rear yard have a large accumulation of debris, as well as a strong urine odor.
2. There is a lack of hot and cold running water to the plumbing fixtures.
3. There is no operable restroom containing a functioning toilet, lavatory and bathing
facilities.
4. The gas has been turned off, so the water heater and furnace will not function. You stated
that due to gas leaks, you turned the gas off.
5. The main electrical panel is not energized, so no electricity is available in the residence.
6. There is no working kitchen.
7. Faulty weather protection is due to a broken window.
8. Flooring in the hallway has deteriorated to the point that the house is open to the under-
floor area.
9. Inadequate exit: The front door is the main exit for your residence and it is inoperable due
to a build up of debris. This accumulation of debris exists throughout the residence and
on the exterior.
I informed you in a letter dated August 10, 2000, and in a later conversation, that your residence
at 20091 La Roda Court was deemed uninhabitable. You were notified that you would need to
secure the services of a licensed contractor to work with the City to evaluate what would be
needed to bring your residence up to the minimum standards to allow habitation. You were also
told that until this work is completed to the satisfaction of the City, the residence cannot be
occupied and it was posted as such. The posted sign stated, "It is a misdemeanor to occupy this
building, or to remove or deface this notice".
II ~ f cf
Community Development
10300 Torre Avenue
Cupertino CA 9 SO 14
Telephone (408) 777-3228
Fax (408) 777·3333
Since your residence is still deemed uninhabitable, please be aware that you cannot live in it until
it meets the minimum requirements for a habitable structure as mandated by the 1997 Uniform
Housing Code.
If you intend to live in the residence, you will need to hire a licensed contractor who can evaluate
the condition of your home. The contractor will need to apply for a permit with the City of
Cupertino Building Department. Once the proper inspections for the repair work have been made
and signed offby the City, you may reoccupy the residence.
rfyou need assistance in finding a contractor, please let me know. I cannot recommend anyone,
but can provide you with the names of some contractors who have done business in the City. If
the contractor you select has questions about any code requirements, I would be happy to have a
meeting to discuss any item.
It is expected that all required work will be accomplished no later than thirty (30) days from the
date of this letter. If all necessary repairs have not been completed by June 17, 2004, I will be
forced to take other measures to ensure the residence is secure and the exterior is clean of debris
and any other fire hazards. It is our desire to work with you and help you in any way we possibly
can.
Please be advised that the previously posted signs stating "DO NOT OCCUPY" were removed
by an unknown party. Replacement signs will be posted and may removed only by City
personnel when the proper repair work has been completed.
Thank you for your cooperation and attention with this matter.
I can be contacted at (408) 777-3206.
Sincerely,
Greg Casteel
Building Official .
Phone: (408) 777-3206
Email: gregc(lV,cupertino.org
Fax: (408) 777-3333
cc: Eileen Murray, Assistant City Attorney
Alex Wykoff, Senior Code Enforcement Officer
Larry Squarcia, Building Inspector
(( ~ 11
c
CUPERJINO
Agenda Item No.lJ:-.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
Summary
Agenda Date: October 4, 2004
Application: U-2004-10, ASA-2004-14
Applicant (s): Mike Rohde (Valko Shopping Center)
Property Location: 10123 and 10150 N. Wolfe Road
RECOMMENDATION
The Planning Commission recommends approval of the following:
1. Use Permit application, U-2004-10
2. Architectural and Site Approval, ASA-2004-14
Project Data:
General Plan Designation: Office/Industrial/Commercial/ Residential
Retail Area: 138,760 square feet
Residential Units: 204 units
Residential Density: 27 units/ gr.acre
Building Height: Maximurn approximately 60 feet for "Rosebowl"site
Approxirnately 40 feet for Wolfe Retail site
P(CG,O,ML,Hotel)
P(CG, 0, ML, Hotel, Residential)
Heart of the City
Current Zoning:
Proposed Zoning:
Specific Plan:
Project Consistency with:
General Plan:
Zoning:
Specific Plan:
Environmental Assessment:
Yes.
No. Rezoning required to allow residential uses
Yes .
Mitigated Negative Declaration
/:L~(
Applications: U-2004-lO, ASA-2004-01
Vallco Fashion Park
Page 2
Application Summary:
1. Use Permit to construct 204 residential units and a parking structure
2. Architectural and Site Approval for 138,760 square feet of new retail space, 204
residential units and a parking structure
BACKGROUND
At their rneeting on September 20, 2004, the City Council considered this itern and
approved two of the applications association with it: the rezoning to allow residential
uses on the "Rosebowl" site and the modification to the Development Agreement to
incorporate these applications. The Use Perrnit and Architectural and Site Approval
were continued so that the following City Council concerns could be addressed:
· The phasing connection between the cinema and these proposals
· Changes to the internal open space.
· Preservation of the ash trees on Wolfe Road.
· Pedestrian connections with adjacent properties.
· Correct calculation of residential density.
DISCUSSION
Please refer to the previous, enclosed reports for project inforrnation. This report
focuses on the above City Council concerns.
The phasing connection between the cinema and these proposals.
The City Council's concern regarding the connection between the cinema and these
proposals is that the property owner said that the proposed cinema was dependent on
the residential project for funding reasons. If the residential project is built without any
assurance that the cinemas will be built, then the City has no leverage and has nothing
to offer in the future for the cinemas to be built. If the City Council wishes to require a
connection between the cinema and the residential project, a new condition,
Development Phasing, is enclosed at the end of this report.
Changes to the internal open space.
The applicants will present their response to this item at the meeting; they have not
subrnitted any plan set changes. If the City Council wishes to increase the size of the
courtyards, Condition 7 of the Planning Commission Resolution 6268 requires they be
increased as part of the final design approval by the Planning Commission and City
Council. The Council could add that the reduction of units or unit size may be required
to accomplish the increase in courtyard size.
Preservation of the ash trees on Wolfe Road.
The applicants will present their response on this item at the meeting; they have not
submitted any plan set changes. The evergreen ash on the east side of the sidewalk along
Wolfe Road are proposed to be removed due to construction and required access to the
12. - d-...
Applications: U-2004-10, ASA-2004-01
Vallco Fashion Park
Page 3
residential units by the fire department. The inner row of ash trees on the Wolfe Road
retail site will be removed due to construction. The outer row will either need to be
rernoved due to its close proxirnity to the new proposed sidewalk and to poor health, or
the new sidewalk will need to be reconstructed to better accommodate the trees. The
arborist recommends removal due to poor structure and proximity to the sidewalk. (See
Exhibit D.) He recommends that Arnerican Ash be planted along Wolfe Road.
Replacement trees will be determined in the future approval of the detailed landscaping
plan. If the outer row were to be preserved, he recommends trees 5 and 8 be rernoved due
to structural problems. The consulting arborist, Barrie Coate, will be available at the
meeting for questions.
If the City Council wishes both rows of ash trees to remain, a modified condition of
approval (Condition 13) is shown at the end of this report.
Pedestrian connections with adiacent properties.
The applicant subrnitted a revised site plan (sheet 6) showing the pedestrian path on the
Menlo Equities site connecting to a path on the Rosebowl site. The applicant will
present site sections at the rneeting. The revised sheet 6, or a rnodification of it if
required, will be included in the final approval if so directed by the City Council.
Correct calculation of residential density.
A question was raised about how the density for the residential units is calculated. As
shown on the first page of this report, the density is 27 units per gross acre (204/7.47).
The entire site is used to calculate density since the residential units are above the retail
space. In instances when the residential units are separate, such as the Tra Vigne
development at Stevens Creek Boulevard and Blaney Avenue, the density is calculated
just on the residential acreage.
ENCLOSURES
Planning Commission Resolution 6268 for U-2004-10
Planning Commission Resolution 6269 for ASA-2004-14
Exhibit A: Report from Cupertino Architectural Consultant, Larry Cannon
Exhibit D: Arborist reports from Barrie D. Coates and Associates dated June 29 and
August 15, 2004
Staff report to City Council dated September 20, 2004
Staff Report to Planning Commission dated August 23, 2004
Planning Commission Minutes dated August 23, 2004
Plan Set
Revised Sheet 6
P---3
Applications: U-2004-1O, ASA-2004-01
Valko Fashion Park
Page 4
Prepared by: Ciddy Wordell, City Planner
Subrnitted by:
/~~ &~-o¡¿/~
Steve Piasecki
Director, Community Development
G: \Planning\PDREPORT\ CC\ U-2004-10cc2.doc
Approved by:
~
David W. Knapp
City Manager
{;L ~L(
Applications: U-2004-10, ASA-2004-0l
Vallco Fashion Park
Page 5
DRAFT
DEVELOPMENT PHASING
In order to ensure that the construction of the cinema is initiated in a timely fashion, the
three phases of commencement of its construction shall occur prior to the same phases
of commencement of construction for the mixed-use project on Wolfe Road/Vallco
Parkway (U-2004-10). As used herein, "three phases of commencement of construction"
means: 1) all plans for the construction of the cinema (foundations and structure) rnust
be submitted to, and approved by the City and 2) all foundations for the cinerna rnust
be completed and inspected by the City. and 3) all structural framing must be
completed and inspected by the City.
If the cinerna is not commencing prior to the mixed-use project on Wolfe Road/Vallco
Parkway at any of the three phases, the applicant may elect to proceed with
construction of said mixed-use project by immediately tendering the sum of $1,000,000
to the City to be retained by the City as security for the timely commencernent of
construction of the cinema. If the applicant tenders such arnount to the City, then
commencement of construction of the cinema shall not be required prior to the issuance
of building permits for the mixed-use project and the condition set forth herein shall be
deemed satisfied to the extent that it affects the development of the mixed-use project.
Said sum shall be deposited with the City Treasurer and shall earn interest at the same
rate as other City short term investments. If the commencement of construction of the
cinema occurs within 360 days of the tender of said sum to the City, then, in that event,
said sum together with interest, shall be returned to the applicant. If commencernent of
construction does not occur within said 360 days, then, in that event, said surn together
with interest, shall be retained by the City as liquidated damages. The specific
procedures for tender, retention, and return of said sum will be memorialized in an
agreement between the applicant and the City.
Modification to Condition 13
TREE REMOVAL AND REPLANTING
Rosebowl site: All trees and landscaping in the existing parking lot area and the ash
trees on Valko Parkway may be removed. The outer row of ash trees shall be
retained along Wolfe Road. Large trees in planters shall be located along the
building to replicate the inner row of ash trees as much as possible, given the Fire
Department need for access in this area. Replacement trees, type and size, shall be
deterrnined in conjunction with a detailed landscape plan to be reviewed by the
Planning Commission and City Council. The tree size shall be the largest
commercially available with a preference for field grown or a minimum 48 inch box.
Tree #106 of the tree inventory, shown to be removed, shall be retained.
IJ-- ~
.
Applications: U-2004-10, ASA-2004-01
Valko Fashion Park
Page 6
Wolfe Road retail site: Both rows of ash trees along Wolfe Road in this area shall be
retained, except for those recommended to be removed by the City's arborist, due to
structural or health problems. The Wolfe Retail building shall be moved easterly to
accommodate the inner row of trees. Replacement trees shall be approved in
conjunction with a detailed landscape plan to be reviewed by the Planning
Commission and City Council. The tree size shall be the largest commercially
available with a preference for field grown or a minimum 48 inch box. The
arborist's recommendations of tree type and size shall be implemented, unless
demonstrated that other types or sizes are superior.
Tree protection plan: As part of the building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition, the
following rneasures shall be added to the protection plan:
· For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
· No parking or vehicle traffic shall be allowed under root zones, unless using buffers
approved by the Project Arborist.
· No trenching within the critical root zone area is allowed. If trenching is needed in
the vicinity of trees to be retained, the City's consulting arborist shall be consulted
before any trenching or root cutting beneath the dripline of the tree.
· Wood chip rnukh shall be evenly spread inside the tree projection fence to a four-
inch depth.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews before building permit
stage, during construction and before final occupancy of the buildings. A report
ascertaining the good health of the trees mentioned above shall be provided prior to
issuance of final occupancy.
Tree protection bond: A tree protection bond in the amount of $10,000 for each
retained ash tree along Wolfe Road shall be provided prior to issuance of building
permits.
12-~
U-2004-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6268
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 204
RESIDENTIAL UNITS (FOR-RENT CONDOMINIUMS) AND A PARKING
STRUCTURE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant (s):
Property Location:
U-2004-10
Mike Rohde (Valko Shopping Center)
10123 and 10150 N. Wolfe Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or rnore public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan, the Valko Developrnent Agreement and the purpose of this
title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2004-10 is hereby recommended for
approval; 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 U-2004-10, as set forth in the Minutes of the Planning Commission Meeting
of August 23, 2004 and are incorporated by reference herein.
!2-ì
Resolution No. 6268
Page 2
U-2004-10
August 23, 2004
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set Valko Fashion Park Special Use Permit Subrnittal
Package dated 8-17-2004 and as amended by this resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct 204 residential units over 137,000 square feet of
retail uses and a parking garage.
3. DEVELOPMENT AGREEMENT
All provisions of the Development Agreement (1-DA-90) relevant to this project
shall be met.
4. PROTECT AMENDMENTS
The Planning Commission shall review arnendrnents to the project, considered
major by the Director of Community Development.
5. SECURITY PLAN FOR PARKING GARAGE
A security plan for the parking garage shall be prepared by the applicant and
approved by the Sheriff's Department prior to final occupancy.
6. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by providing 15% of the units at below market rates to qualified
tenants/buyers. The applicant shall record a covenant, which shall be subject to
review and approval by the City Attorney, to be recorded simultaneously with the
filing of a building permit.
7. ARCHITECTURE AND SITE DESIGN
The project will require approval of the final design by the Planning Commission
and City Council prior to issuance of building permits. The applicant shall provide
the following design clarifications and changes:
· Architectural details, including rnaterials and colors, for all buildings. Plans
should include the use of reveals, roof cornices and varying roof forms,
projecting balconies, and the use of high quality materials, e.g., stone.
· Sidewalk, crosswalk and outdoor gathering area (including furniture) details
· Building and street lighting
· South elevation of Rosebowl parking garage: Further design changes shall be
explored to create an attractive parking garage that interfaces well with the
property to the south
/1.-f
Resolution No. 6268
Page 3
U-2004-1O
August 23,2004
· East elevations of Rosebowl and Wolfe Road buildings: Explore further
design changes to provide more interest and detail
· Townhouses: revise townhouse architecture to provide a more residential
feel and detailed features
· Garage entrances on Valko Parkway: provide interesting detail and
materials, provide options to reduce width of garage entries
· Courtyards: the size of the courtyards shall be increased
· Auto circulation adjacent to townhouses: demonstrate an attractive interface
between parking structure and residences.
· Ellipse feature at southeast corner of Wolfe Road and Valko Parkway:
applicant shall address how the residential units will function with the
extensive glass exposure
· Public art: identify locations and design of proposed public art, e.g., fountain,
mosaic, sculpture
· Circulation: Provide a circulation plan to demonstrate how traffic will
circulate during peak retail hours
· Pedestrian connections: incorporate pedestrian connections between the
project and adjoining properties
· Perimeter road at south property line: height of the road shall be minimized
and the degree of ramp incline increased accordingly
· Signs: a sign program shall be approved as part of the final architectural
approval
8. BUS TURNOUT AND PARK AND RIDE FACILITY
A bus turnout and park and ride facility shall be provided as required by the Valley
Transportation Agency and the Development Agreement. A temporary facility shall
be provided during construction.
9. LOT LINES
Any existing lot lines underlying the proposed buildings shall be eliminated prior to
issuance of building permits.
10. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for
full conformance with this approval and the design approval prior to issuance of
building permits.
11. CONSTRUCTION MANAGEMENT~AN
A construction management and parking plan shall be prepared by the applicant
and approved by staff prior to issuance of building permits. The construction
management plan shall stipulate staging areas, construction parking, construction
routes, hours of construction, controlled hours for noisy operations etc. Staging of
construction equipment/materials shall not occur within 250 feet of any residential
property .
r~-i
Resolution No. 6268
Page 4
U-2004-10
August 23, 2004
12. MOVING V AN PLAN
A plan for the location of rnoving vans shall be approved prior to final occupancy.
13. TREE REMOVAL AND REPLANTING
Rosebowl site: All trees and landscaping in the existing parking lot area may be
removed. The inner row of evergreen ash trees, located behind the existing
sidewalk, on Wolfe Road and the ash trees on Vallco Parkway may be removed.
Replacement trees, type and size, shall be determined in conjunction with a detailed
landscape plan to be reviewed by the Planning Commission and City Council. The
tree size shall be the largest commercially available with a preference for field grown
or a minimum 48 inch box. Tree #106 of the tree inventory, shown to be removed,
shall be retained. The outer row of evergreen ash trees on Wolfe Road shall be
retained.
Wolfe Road retail site: Both rows of evergreen ash trees on Wolfe Road may be
removed. Replacement trees shall be approved in conjunction with a detailed
landscape plan to be reviewed by the Planning Commission and City Council. The
tree size shall be the largest commercially available with a preference for field grown
or a rninimurn 48 inch box. The arborist's recommendations of tree type and size
shall be implemented, unless demonstrated that other types or sizes are superior.
Tree protection plan: As part of the building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
· For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
· No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
· No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline of
the tree.
· Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews before building permit
stage, during construction and before final occupancy of the Rosebowl building. A
report ascertaining the good health of the trees mentioned above shall be provided
prior to issuance of final occupancy.
r ,1 ~ rð
Resolution No. 6268
Page 5
U-2004-10
August 23, 2004
Tree protection bond: A tree protection bond in the amount of $15,000 for each
retained ash tree along Wolfe Road in the Rosebowl area shaH be provided prior to
issuance of building perrnits.
14. LANDSCAPING
A detailed landscaping plan shall be reviewed and approved by the Planning
Commission and City Council prior to issuance of building permits. Tree screening
shall be provided adjacent to the south and east property lines. The plan shall
include all in-ground and container landscaping. The choice of containers shall be
shown. Maintenance of interior landscaping areas, including courtyards, parking
structure and residential flower boxes shall be ensured as part of the plan. A tree
maintenance plan shall be included as part of the landscaping plan.
15. EQUIPMENT DEVICESrrRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers and similar above
ground equipment enclosures/ devices shall be located in areas not visible from
public streets. In the event an above ground must be located in an area visible from
the public street then it shall be specially designed to hide or screen the device such
that it is compatible with the surrounding commercial shopping environment. In no
case shall such structures conflict with pedestrian movement or be located on
prominent corners. Said screening and design may include fencing and landscaping
or located underground such that said equiprnent is not visible from public street
areas. Said equipment locations shall be determined prior to issuance of building
permits.
16. SCREENING
All mechanical and other equiprnent on the building or on the site shall be screened
so they are not visible frorn public street areas or adjoining developments.
Screening materials/ colors shall rnatch building features and materials. The height
of the screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
17. PUBLIC PEDESTRIAN ACCESS EASEMENTS
Public pedestrian access easements over the sidewalk areas (portion on private
property) and plazas shall be prepared by the developer, approved by the City
Attorney and recorded against the subject property prior to issuance of building
occupancy.
18. AIR QUALITY
The following measures shall be followed during construction to ensure dust
control:
a. Use dust-proof chute for loading construction debris onto trucks.
!:¿-l{
Resolution No. 6268
Page 6
U-2004-1O
August 23,2004
b. Water all active construction areas at lest twice daily or as often as needed to
control dust emissions.
c. Cover all truck hauling soil, sand, and other loose rnaterials or ensure that all
trucks hauling such materials maintain at least two feet of freeboard.
d. Pave, apply water three times daily or as often as necessary to control dust, or
apply non-toxic soil stabilizers on all unpaved access roads, parking areas and
staging areas at construction areas.
e. Sweep daily or as often as needed with water sweepers all paved access roads,
parking areas and staging areas at construction sites to control dust.
f. Sweep public streets daily or as often as needed to keep streets free of visible soil
material.
g. Limit vehicle traffic speeds on unpaved roads to 15 mph.
h. Install sandbags or other erosion control measures to prevent silt runoff onto
public roadways.
1. Replant vegetation in disturbed areas as quickly as possible.
19. NOISE
The applicant shall take all reasonable precautions to ensure that the site
activities! equiprnent and construction does not cause disturbing noise for on-site
residents or adjacent properties. The applicant shall irnplement the following
measures:
a. The placement of rooftop rnechanical equiprnent shall be indicated on plans and
shall dernonstrate that the equipment meets limits established in the Noise
ordinance.
b. All grading, construction and dernolition activities shall cornply with Section
10.48.040 of the City of Cupertino Noise Ordinance.
c. Loading docks shall be enclosed on all sides to reduce noise impacts on project
and adjacent residential uses. Trucks shall not idle during delivery times. The
enclosure shall include a front acoustically treated garage door to be closed when
trucks are loading or unloading merchandise or supplies and a roof to minimize
noise impacts during loading and unloading operations.
d. Air handling equiprnent shall be located away from on-site residential uses or
existing or planned residential uses on adjacent properties.
e. Delivery hours shall be limited to between 8 A.M. and 8 P.M. weekdays
(Monday through Friday) and nine A.M. and 6 P.M. on weekends (Saturday and
Sunday) and holidays.
f. A noise study shall be conducted prior to issuance of building permits to
determine if sound rated windows and alternate sources of ventilation are
needed to comply with the State Building Code and the General Plan.
20. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation frorn the Cupertino Sanitary District that adequate capacity is available
{ 'L~{~
Resolution No. 6268
Page 7
U-2004-10
August 23,2004
for the project or the applicant shall pay for the appropriate mitigation costs to
provide the required capacity and shall enter into a reimbursement agreernent with
the District.
21. WATER SERVICE
Prior to obtaining a perrnit for occupancy, the applicant shall provide written
confirmation from California Water Service that adequate capacity is available for
the project or the applicant shall pay for the appropriate mitigation costs to provide
the required capacity and shall enter into a reimbursement agreement with the
Service.
22. 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 arnount 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET WIDENING
Street widening, street improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by the City
Engineer.
2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
3. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of
visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
4. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
{ ~-(J
Resolution No. 6268
Page 8
U-2004-10
August 23, 2004
5. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
6. GRADING
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits maybe required. Please contact Army Corp of Engineers and/ or Regional
Water Quality Control Board as appropriate.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
developrnent calculations must be provided to identify if storrn drain facilities
need to be constructed or renovated.
8. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Ordinance No. 331 requires all overhead lines to be
underground whether the lines are new or existing. The developer shall submit
detailed plans showing utility underground provisions. Said plans shall be subject
to prior approval of the affected Utility provider and the City Engineer.
9. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreernent with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for under
grounding of utilities. Said agreernent shall be executed prior to issuance of
construction permits.
Fees:
a. Grading Permit Fee:
b. Checking and Inspection Fee:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Traffic Irnpact Fees:
$ 6% of On and Off-Site Improvement
Costs
$ 6% of On and Off-Site Improvement
Costs
$ 3,000.00
$19,606.87
**
TBD
$ 1,401,300.00
TBD
!:L-(y.
Resolution No. 6268
Page 9
U-2004-1O
August 23, 2004
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100%
Performance Bond
The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
** Developer is required to pay for one-year power cost for streetlights
10. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground
such that said equiprnent is not visible from public street areas.
11. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
12. NPDES CONSTRUCTION GENERAL PERMIT
The applicant rnust file for a NOI (Notice of Intent) and must prepare a Storm
Water Pollution Prevention Plan with the State Water Resources Control Board.
The city must obtain docurnentation that the process has been completed.
For copies of the Construction General Permit, the NO! and additional permit
information consult the state Water Resources Control Board web site at:
http:jwww.swrcb.ca.govjstormwtrjconstruction.htrnl
13. BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS
Post-Construction Best Management Practices
a. Permanent Stormwater Quality BMPs Required
In accordance with chapter 9.18, Stormwater Pollution Prevention and
Watershed Protection, of the City Code, all developrnent and redevelopment
projects shall include permanent BMPs in order to reduce the water quality
irnpacts of storrnwater runoff from the entire site for the life of the project.
all construction projects)
b. Stormwater Management Plan Required
The applicant shall subrnit a Stormwater Management Plan for this project.
The perrnanent storm water quality best managernent practices (BMPs)
included in this plan shall be selected and designed in accordance with chapter
...-
/z -( S
Resolution No. 6268
Page 10
U-2004-10
August 23, 2004
9.18, Stormwater Pollution Prevention and Watershed Protection, of the City
Code.
c. BMP Agreements
The applicant and the City shall enter into a recorded agreement and covenant
running with the land for perpetual BMP maintenance by the property
owners(s). In addition, the owner(s) and the City shall enter into a recorded
easernent agreement and covenant running with the land allowing City access
at the site for BMP inspection.
14. MAINTENANCE AGREEMENT
The applicant will be required to maintain all items, which are non-standard
within the City's right of way. The applicant and the City must enter into a
recorded agreement for this aforementioned work.
15. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer.
Clearance by the Public Works Department is needed prior to obtaining a building
permit.
16. EASEMENTS
Easements for electrical facilities shall be required.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING ¡SURVEYING CONDITIONS
(Section 66474.18 of the California Governrnent Code)
I hereby certify that the engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
¡ s ¡ Ralph Oualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED tills 23th day of August 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
COMMISSIONERS: Chen
COMMISSIONERS:
COMMISSIONERS:
NOES:
ABSTAIN:
ABSENT:
(2 -(G
Resolution No. 6268
Pagl' 11
U-2004-1O
August 23,2004
ATTEST:
APPROVED:
/ s/ Steve Piasecki
Steve Piasecki
Director of Community Development
/s/ TaghiSaadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
1: \ Planning \POREPORT\ RES \ U-2004-lOres.doc
IL-n
ASA-2004-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6269
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR 138,760 SQUARE FEET
OF NEW RETAIL SPACE, 204 RESIDENTIAL UNITS AND A PARKING STRUCTURE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-14 (EA-2004-11)
Mike Rohde (Valko Shopping Center)
10123 & 10150 N. Wolfe Road
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 detrirnental 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 such as horizontal siding,
composition roof and simplified building forms that complirnent 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-2004-14
set forth in the Minutes of the Planning Commission meeting of August 23, 2004, and are
incorporated by reference as though fully set forth herein.
/2--([
Resolution No. 6269
Page 2.
ASA-2004-14
August 23, 2004
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: Valko Fashion Park, Special Use Permit
Subrnittal Package, dated August 17, 2004 except as may be amended by the
conditions contained in this approval.
2. ARCHITECTURE AND SITE DESIGN
The project will require approval of the final design by the Planning Commission and
City Council prior to issuance of building permits. The applicant shall provide the
following design clarifications and changes:
· Architectural details, including materials and colors, for all buildings. Plans
should include the use of reveals, roof cornices and varying roof forms,
projecting balconies, and the use of high quality materials, e.g., stone.
· Sidewalk, crosswalk and outdoor gathering area (including furniture) details
· Building and street lighting
· South elevation of Rosebowl parking garage: Further design changes shall be
explored to create an attractive parking garage that interfaces well with the
property to the south
· East elevations of Rosebowl and Wolfe Road buildings: Explore further design
changes to provide more interest and detail
· Townhouses: revise townhouse architecture to provide a rnore residential feel
and detailed features
· Garage entrances on Vallco Parkway: provide interesting detail and materials,
provide options to reduce width of garage entries
· Courtyards: provide options for increasing the size of the courtyards
· Auto circulation adjacent to townhouses: demonstrate an attractive interface
between parking structure and residences.
· Ellipse feature at southeast corner of Wolfe Road and Vallco Parkway:
applicant shall address how the residential units will deal with the extensive
glass exposure.
· Public art: identify locations and design of proposed public art, e.g., fountain,
mosaic, sculpture
· Circulation: provide a circulation plan to demonstrate how traffic will circulate
during peak retail hours.
· Pedestrian connections: incorporate pedestrian connections between the project
and adjoining properties
· Perimeter road at south property line: height of the road shall be minirnized
and the degree of ramp incline increased accordingly
· Signs: a sign program shall be approved as part of the final architectural
approval
1:2--(1
Resolution No. 6269
Page ::)
ASA-2004-14
August 23, 2004
3. LANDSCAPING
A detailed landscaping plan shall be reviewed and approved by the Planning
Commission and City Council prior to issuance of building permits. Tree screening
shall be provided adjacent to the south and east property lines. The plan shall include
all in-ground and container landscaping. The choice of containers shall be shown.
Maintenance of interior landscaping areas, including courtyards, parking structure
and residential flower boxes shall be ensured as part of the plan. A tree maintenance
plan shall be included as part of the landscaping plan.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirernents, 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 23rd day of August 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: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati
COMMISSIONERS: Chen
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Steve Piasecki
Steve Piasecki
Director of Community Developrnent
Isl Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G:\ Planning\PDREPORT\RES \ASA-2004-14 res.doc
11- 2..0
EXHIBIT A
FIRST FLOOR
0880
New Pa',/dngO 0 0 _~ :9 ell:
resfntir' struCt~reiM~-~j~ 1
~'~~~LJP' I·
~~~ n .
, III [r·J '
Not a pleasant l~~ r,~--'!"i
interface for new llCT\!.! I_'~, G" ~'
residential project I ~} ,,:
to the sO"!th. dE~l..' ::jl l :
Also potsntlsl nOIse -....,,¡ _ _;:..
issues related to trucks ~
for market delivery ;
..
~.
...-'
ci. ,......"...,,_..'..
-
I
f'!I-OI".><f,¡:
<a~~- ~...~' , i ~: ~ 1~~~
, ' \~ ~¥!f(i,<>~/ I~ j.',~:,.'...,.{/
~~\l..lj,.'_M.oII.~.II._":':: ~ ~ __ ~_~.
, l:;~;~~~~oð"
'-' -. H M: """'"
< ~--~-~t~It{!~ ,¡>"~~ I
~,>- ~~____ J ",' 'ff1' ,-' I~:):g;~· 'iT~HI ()1U
_ ; I- _ _~ ~1'~~' ,,' '.....!n".. USTRLcn;MU>PAMKI'ü
, 'T I JCP,""~ 1 è 'J j: :C¡--
, Ii ; ~, ~ -t , t ~
I..., ..i...-c r-J I I" ..,. ...- '}) ~l Hotel not very well
"-_ ~ ~-"'~~It _ _ :P;; integrated into the
-_~ - ~ ~,_~__. _/ center as a whole
(How does this contribute
to a Sense of Place?)
CAMPUS PLAN
Issues and Concerns
VALLCO PASHION PARK
Cupertino, CA
CANNON DESIGN GROUP
June 29, 2004
1
I:L~ .:It
Auto circulation is
right against townhouses
Treatment of garage edge on second
level may not be enough of a buffer
'1'YI'>.'_,O:~~'",:: <~-n"",,\, ,J<j<7'?&'Ja;;' i.¡J'~' ~.;rr-;;;:;¡it.:
-
'.;.';-" ;~-'~"7j ~.~~',- ~i,:,,,,.,'~';}~;'f-¿"S"~'?<ê~,::
~""'"
,
.
THIRD FLOOR
Some clarification needed
on garage circulation
and control methods
Ramps now connect
residential and retaU levels
SECOND FLOOR
Issues and Concerns
VALLCO PASHION PARK
Cupertino, CA
CANNON DESIGN GROUP
June 29, 2004
2
! 2~ :D..--
Courtyards at 35 ft
wide may be an issue
Trees over 5 stories tall
growing in a slot less than
30 feet wide may be optimistic
Space between townhouses
and garage at level 3 and 4
may need better buffering
of
t1/;
}:~
~,
~è"
"
FIFTH FLOOR
Issues and Concerns
VALLCO PASHION PARK
Cupertino, CA
CANNON DESIGN GROUP
June 29. 2004
3
/.2- - 2.. ')
Note balconies and residential feel
Note sidewalk width
Variety within a framework
of similar modules and
materials
Major material, character and module
changes don't seem to lead to a stron~ sense of place
and doesn't feel residentIal
Compare to Santana Row photos above
~"~IF' 1-1.1 '.'H'~
,
, J
w- mj'"-'<O p
tl-¡:t, rl
.
,
~ ,=f
Å. J
l=:f---LP~--~~--~
NORTH ELEVATION (WEST HALF)
Issues and Concerns
VALLCO PASHION PARK
Cupertino, CA
CANNON DESIGN GROUP
June 29, 2004
4
fl.-'lL(
BARRIE D. C>..-A TE
and ASSOC\A t~S
Horticutural Consultants
23535 Summit Road
Los Gatos. CA 95033
408l35~ 1 052
EXHIBIT D
AN INVENTORY OF TREES AT THE VALLCO PARKING CENTER PROJECT AT
THE SOUTHEAST CORNER OF V ALLCO EXPRESSWAY AND WOLFE ROAD
Prepared at the Request of:
Ciddy Wordell, AlCP
City Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
408.777.3333
Site Visit by:
Barrie D. Coate
Consulting ArOOrist
June 29, 2004
Job #06-04-104
l:l~ 1')
AN INVENTORY OF TREES ATl ALLCO PARKING CENTER PROJECT ATTHE SOUTHEAST HER OF VALLCO EXPRESSWAY
AND WOlFE ROAD
Assignment
I met Ciddy Wordell, Senior Planner from the City of Cupertino, and Peter Quintanilla
and Mick Bench, Consulting Arborists on June 29, 2004 to analyze the health, structure
and potential usefulness of trees at the project area.
Summary
This inventory is based on the plan sheet titled Vallco Fashion Park-Rose Bowl Site,
prepared by Perkowitz & Ruth, Sheet 12, dated 6/11/04.
There are 152 trees in or adjacent to the project area. One-hundred-forty would be
removed by construction of this project 48 of them are Monterey pines (Pinus radiata),
45 are Chinese elm (Ulmus parvijo/ia), 35 are evergreen ash (Fraxinus uhdei) of which I
recommend 7 be removed (#129,143,144,146, 147, 150, 152) due to poor health and/or
the potential for failure due to severed roots, 14 are coast redwood (Sequoia
sempervirens), and 10 are evergreen pear (Pyrus kawakami).
The data accumulation sheets which accompany this text define the condition of the trees.
Numbers in parentheses on these charts in the left column are tag numbers previously
placed on the trees by others.
Transplanting Potential
Most of the trees in the bowl parking area are Monterey pines and evergreen elms. Some
coast redwood trees are seen at the entry/exits from the bowl.
We've listed the trees with potential successful for transplanting. Only the healthiest
specimens of the most easily transplanted species which have reasonable potential for
becoming useful trees after transplanting are listed in the far right colunm of the data
charts.
Six elms, 5 redwoods, and I pear are noted.
Discussion
This inventory includes all of the trees circled in red on the map provided us. In addition
we've included the twelve evergreen ash trees along the ValIco Parkway so that removal
of the worst ones may be discussed here. The trees shown in red circled dashed lines are
the ones which would ostensively be removed according to this plan.
The area in which the inventory has taken place is primarily used for below grade parking
which is approximately 8 feet below the surrounding street elevations and is planted with
parking lot shade trees, primarily Monterey pines and evergreen elm.
The trees in the bowl are for the most part severely drought stressed and most are in
average to poor condition.
Surrounding this bowl are double or single rows of street trees, primarily evergreen ash
(Fraxinus uhdei).
PREPARED BY: BARRIE D. COATE, CONSUlTING ARBORIST
JUNE 29, 2004
r 2--1f.o
AN INVENTORY OF TREES AT IAllCO PARKING CENTER PROJECT AT THE SOUTHEAS", iNER OF VAllCO EXPRESSWAY 2
AND WOLFE ROAD
The adjacent Vallco Parkway has evergreen ash street trees which are suffering in various
degrees from drought stress and severe root cutting as well.
Seven of them are in such poor condition we recommend their removal even though they
are street trees.
The only trees which could be considered in reasonably good condition are those on the
north-facing slope south of the parking lot.
This would be partly due to their location on a north facing slope which is less stressful
than the open reflected surfaces of the parking lot and partly because irrigation is still
being applied at the top of this bank for existing landscaping.
It appears that irrigation has been shutoff in the parking lot area and on the bank and
street tree area on the Vallco Parkway.
Many of the Monterey pines are heavily infested with sequoia pitch moth, an insect
which is not normally considered very dangerous to the health of Monterey pines but
when the infestation is severe enough can certainly cause their decline.
In some cases that is the condition seen here.
Respectfully submitted,
~,~
Barrie D. Coate
Enclosures:
Assumptions and Limiting Conditions
Tree Data Accumulation Sheets
Definitions of Tree Data Accumulation Sheets
Map
BDC/sl
PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST
JUNE 29, 2004
p-ll
~
BARRIE D. (OATL
and ASSOCIATES
HOf1lcutural Consultants
23535 Summit Road
Los Gatos. CA 95033
408/353-1052
ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the appraiser/consultant is assumed to be correct.
No responsibility is assumed for matters legal in character nor is any opinion rendered as to
the quality of any title.
2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of
Information provided by others.
3. The appraiser/consultant shall not be required to give testimony or to attend court by reason
of this appraisal unless subsequent written arrangements are made, including payment of an
additional fee for services.
4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation.
5. Possession of this report or a copy thereof does not imply right of publication or use for any
purpose by any other than the person(s) to whom it is addressed without written consent of
this appraiser/consultant.
6. This report and the values expressed herein represent the opinion of the
appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the
reporting of a specified value nor upon any finding to be reported.
7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are
not necessarily to scale and should not be construed as engineering reports or surveys.
8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic
reporting techniques and procedures, as recommended by the International Society of
Arborlculture.
9. When applying any pesticide, fungicide, or herbicide, always follow label instructions.
10. No tree described in this report was climbed, unless otherwise stated. We cannot take
responsibility for any defects which could only have been discovered by climbing. A full root
collar Inspection, consisting of excavating the soil around the tree to uncover the root collar
and major buttress roots, was not performed, unless otherwise stated. We cannot take
responsibility for any root defects which could only have been discovered by such an
inspection.
CONSULTING ARBORIST DISCLOSURE STATEMENT
Arborlsts are tree specialists who use their education, knowledge, training, and experience to
examine trees, recommend measures to enhance the beauty and health of trees, and attempt to
reduce risk of living near trees. Clients may choose to accept or disregard the recommendations
of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.
Trees are living organisms that fail in ways we do not fully understand. Conditions are often
hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or
safe under all circumstances, or for a specified period of time. Likewise, remedial treatments,
like medicine, cannot be guaranteed.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some
degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees.
æ~¿J.~
Barrie D. Coate
ISA Certified Arborist
Horticultural Consultant
( ~~~r
PostlOlsease Problems Recommendations
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BARRIE D, COATE
and ASSOCIATES
(411) 35} 1052
23535 SunI.Uoad
LooCá..,CA 95030
Tree # Plant Name
1 9!1j!!!~!!.ig!l'L________________
__m________ Ulmus Dsrvifof/s
2 Chinese Elm
.-.----------- ----------------------------------,
"308
._----ª---- 9t!!!!.~_ig!!)J__________________J
"309 I
._----~----- M"O_"!~_~l_!:'j~_!___________m___I
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._____'!L__._ M£l'~-'!y-!:'j~-L·-------------l
"311
-----~----- ¡M£l'!!!..~l PI~_!_____.____m___\
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._____L_____ M£l'~_'!Y_!:'j~_!________________._,
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g M£l'!~_'!y!'j~_!_________________.
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10 ~21'!~!!t':'!!'_~____._____________.
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\ Job Name; Vallco Fashion Park
,..., Job #: 06-04-104
,J> Date: June 29, 2004
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Job Name: Valleo Fashion Park
Job #: 06-04-104
Date: June 29, 2004
138
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Measurements Condition Prunina/Cablina Needs PesVDisease Problems Recommendation,
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Page 15 of 16
(-) # by another survey
Job Name: Vallco Fashion Park
Job #: 06-04-104
Date: June 29, 2004
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and ASSOCIATES
(400) 353-1052
23S355ulllm~Road
lœGatos¡CA 95030
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Job Name: Vallce Fashion Park
Job #: 06-04-104
Date: June 29, 2004
Tree #
-
IV
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An Inventory of Trees at u ,ç Vallco Parking Center Project at the Southea~. ~omer of Vallco Expressway
and Wolfe Road
~.....
'.'. ';'....
. .. .....,.
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t Photo I - A typical
declining elm in parking
lot.
~Photo2-A
specimen of elm which
could be transplanted.
Prepared By: Barrie D. Coate, Consulting Arborist
June 28, 2004
('2 ~4 :;
An Inventory ofTrees at ,. ,d Val/co Parking Center Project at the Southe&. Jomer of Val/co Expressway
and WoKe Road
~ Photo 3 - A damaged elm.
.J, Photo 4 - A few of these elms could be
transplanted.
Prepared By: Barrie D. Coate, Consulting Arboris!
June 28. 2004
!2~I.{'
An Inventory of Trees a, ".¿ Val/co Parking Center Project at the Southe&.. vomer of Vallco Expressway
and Wo~e Road
t Photo 5 - Poor
Monterey pines in
parking lot.
<E- Photo 6 - Bark
beetle damage.
Prepared By: Barrie D. Coate, Consulting Arborist
June 28, 2004
/2.-l{7
An Inventory of Trees at ,,,.; Valleo Par1<ing Center Project atthe Southea¡" ~omer of Valleo Expressway
and Woffe Road
Prepared By: Barrie D. Coate, Consulting Arborist
+---1- Photos 7 & 8- Sequoia piteh moth pitch
masses.
June 28, 2004
(2.~l{ f
An Inventory of Trees al."è Valleo Parking Center Project at the Southe&. ..;omer of Vall co Expressway
and Wolfe Road
t Photo 9 - The landscape at the top of the north facing slope.
Prepared By: Barrie D. Coate, Consulting Arborist
June 28, 2004
( .2 -l{ if
TREES RELOCATED /
\. , £CUETOGRAD!NG I
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An IniVll'Ðr¡OfTœes ÄtTha Vallco Parkllg GeI1terProject
, HARRIED.COATE AtThaSootheasl.ComerorVakoE~yAndWDlfeRoad
and ASSOCIATES
(4OI)35ŸI052 Prepared for:
:nmllo.alR....
l.........U,t5O:!O City of Cupertino, Planning Department
HORTICUl rURAL CONSULTANT Dale: June29,2004
CONSULTING ARBORJST Job #06-04-104
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FASHION PA
CUPERTINO.
VALLCO
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A ~ CHI , ¡ C I
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8 D COATE
40S 8581288
08/18/04 12:55pm P. 001
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0::·1 OF flD',
AN ANALYSIS OF THE TWENTY -SE VEN TREES WHICH WOULD BE
AFFECTED BY PLANNED RECONSTRUCTION AT TilE SOUTIlWEST CORNER
OF WOLFE ROAD AND VALLCO PARKWAY VALLCO FASHION PARK
Prepared at the Request. of:
CiJdy \Vorddl, St::nior Planner
City of Cupertino
] ()JO(J Torre Awnu"
Cupertino. C/\ 95() 4
Sile Visit by:
BalTi¡;;: D. Coalt::
Consulting Arhorist
Augu<:t 15, 2004
Jon #P6-()1-' 04A
(1- s- r
Au~ 18 04 03:29p
St.aoe~ Lane
559-277-8932
p.l
AN ANAl Y$IS Of THE TWENTY-SEVEN TREES WHICH WOUlD BE AFFECrED BY PlANNED RECONSTRucnON AT THE SOUTHWEST
tCRNER 0> WOOl;. r\Co\D MID V~LLCO PM\II.WAY VM.LCO FASHION ~AA!(
Assignment
On Sunday, August 15,2004, I reviewed the twenty-seven trees that would be affected by
planned construction following a visit to the site with Ciddy Wordell, City of Cupertino.
Mike Rodey. Valleo Property Manager, and Kirk Ellis of Perkowitz + Ruth Architects.
Trees which would be removed by this project arc evergreen ash trees #14-24 and silver
dollar gum #25-27 and Monterey pine #21.
Trees which would be retained according to the plans provided by Mr. Ellis would
include evergreen ash trees # 1-13.
Summary
The majority of trees On site are evergreen ash (Fraxinus uhdci).
They mnge between 14 inch and 28 inch trunk diameter.
The two street trees on Vallco Parkway are small in stature and very poor health due to
restricted soil space.
The trees along Wolfe Road in turf range betwœn 14 inch and 29 inch diameter and are
for the most part in good health. Thl-ose trees are planned to be retained.
Everb'Teen ash trel-OS which are in the mounded area between the Wolfc Road planting ami
the adjacent parking lot, trees #14-24 also range between 14 inch diameter and 26 inch
diameter. They would be removed.
All ofthcsc evergreen ash along Wolfe Road r.mge between 55 and 70 fcct in height with
branch spreads from 20 to 40 lèct.
Since access to light determines the direction of domÎnant branch growth, of course the
west exposure {lver Wolfe Road encourages these trees to grow out over WoUè Road SO
they are disproportionately branched in that direetion.
I>iscussion
Evergreen ash (Fraxinus uhdel) has a genetic defÌOèt which is common to all specimens
whether they arc relatively good or relatively poor in structure. Even the best of them
produce co-dominant joint~, a phenomenon which rcsult~ in bark growing between major
upright limbs. In a weak wooded tree such a~ this that dclèct creates a high vulnembility
to limb breakage.
A II of the specimens herc have this defect to a greater or lesser degree and it has rcsultcd
in limb drop over the years from virtually every specimen.
I am told that aftcr cvery slonn therc will be limhs on thc ground ovcr Wolfe Road and
over thc parking lot.
PREPARED BY: BARRIE D. COATE. CONSULTING ARSæIST
AUGUST 15. 20().1
(1- fol
B D COATE
408 8581288
08/18/04 12:SSpm P. ØØ8
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AN ANALYSIS OF THE TWENTY-SEVEN TREES WHICH WOUlD BE AFFECTED BY PlANNED RECONSTRUCTION AT THE SOUTHWEST 2
CORNER OF WOLFE ROAD AND VAlLCO PARKWAY VALLCO FASHION PARK
Two of the specimens (#8 and 23) have had major limbs rip out of them recently, leaving
large decay sites in the trunk.
!\s these trees mature the 1ikclihood of branch or 1imb drop and the cost for annual
pruning \,Vj]] increase.
Unfortunately there is nc' way that a geod arborist e,u\ reduce the propc~lsity of this
species to cause the problem so this problem is not a question of good or poor pnming
but a quc~tion of genetic chaf'd.cterl.
/\,.t1 additional characteristic oftl1is species is the production of large, shal10w roots2, The
trees which are scheduled for preservation are directly adjacent 10 thi;': existing walkway,
and have produced roots beneath that pavement.
Rel:ommendati.ons
In my opinion. the loss of the tt:n large evergreen ash and on~ large Monterey pine is
more an opportunity to reduce uncontrollable cost lor tree maintenance while reducing
the Iike1ihood of injury to persons or property by those trees removal.
In my opinion, there are addit;onallroc5 along Wolfe Road and Vallco Parkway which
should be removed as well.
In deed. ¡fit were acceptable to remove all thirteen evergreen ash lwo of which are street
trees on Valleo Parkway and the others are the large trees in the turt'adjacent 10 the
Vallco Parkway sidewalk an opportunity would be provided to replace these troublesome
expensive trees with one or more species of ash which wou1d not become quite as large,
would not have the same structural defec'!s but would retain suftìcient continuity of
texture and overall appearance that they would hlend with the remaining evergreen ash
on Wolfe Road.
If the trees closest to Wolfe Road are to be ret"ined!
Iflhe trees 011 Vàl1eo Parkway and dosest to Wolfe Road arc to be retained, at the very
leaort I strongly recommend removal of three o!'them (street tree #2, and trees along
Wolfe Road #5 and 8) due to structural defect$ which are even more severe than the
ba1.ance of the specimens.
Further, ( recommend the installation of eahles in six of those trees to prevent the worst
of the codominant ortructures from splitting apart.
The trees are also displacing pavement and the evidence ofLhat is the neeos.<ity to grind
pavement near several of these trees demonstrating that they are causing damage.
- - .._._..~--_...__._~-_..__. ....
I E'taluabon of Ha7J1rd trees ín Urban Areas, ISA p 81
.1 Redudng Infrastructure Damage by Trees,. Coote:!lo & Jones, roSA, p 12
PREPARED BY: BARR lED. COATE, CONSULTING ARBOP,IST
AUGUST 15, 2004
(1- J 3
8 D COATE
408 3531238
08/18/04 12:55pm P. 004
a/1?,¡;_'GrH ID:~P 111'1 FR.\.«:
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D04 OF no:¡
AN ANAL YsrS OF THE TWENTY-SEVEN TREES 'MilCH WOUlD BE AFFECTm BY PlANNED RECONS'mUC"TION AT THE SOUTHWEST 3
CORNER OF WOLFE ROAD AND VAllCO PARKWAY VALLCO FASHION PARK
Tl"Ce/Constnleüon Conflict
It is my understanding the new project would install a new walkway more or less in the
location ofihe existing sidewalk. This would involve an 18 inch deep cut at the wegtern
margin of the existing pavement. This w()uld cause them to be potentially unstab1e,
assuming that it would requ1rc cutting of several large buttress roots from each treeJ.
It should be understood that if the existing paving is removed there will be a dense layer
of roots directly beneath as is ob_;ous Ii-om the root dmnage caused by some of these
trees.
Ifthose rooLs are not removed they will vOlY quickly recreate the pavement displacement
already seen but on the other hand if they are removed they will increase the potential for
these tre(':s tà.JJ1ng over.
Alternative option:'> to severe root eutting of retained trees.
]. Remove existing pavement. cut roots in the base rock íf there are additíonallarge
roots below, and install rubber sidewalks'.
This pavement can be pulled up in small patches, individual rooL, ground out and the
surtace replaced. Cost for repair of pavement would he vastly reduced.
2. l..ay a n~w sidewalk over the existing sidewalk. That would preclude the neces~ity to
remove the existing pa\lcment and damage those roots but it would certainly not
prevent tho~;c root!-l from continuing to raise the new pavement.
This conflict between the necessity to install new pavement without damaging the
existing trees hut still attempting to prevent n..1>caied pavement damage would be
another reason to consider removal of these troublesome trees and replacing them
with other fast growing ash or other species which would become large enough to
provide the shade needed here but not cause the same degree of pavement
displacement problems seen herc.
Recommended Replacement Species for Vallco Expressway and Wolfe Road
. Street Trees for Valleo Expressway
A species is needed which will become large enough to provide scale but not break
paven1cnt.
¡ sugge!<t that. tree openings in the sidewalks be 3'xIO' and 3' deep with the space
filled with Urban Tree Soil'.
This will prevent root damage to pavement.
._..__ _·..____··___·___....".u·__
---..--..-
J Reducing Infrastruçt.urc Dn.mage bv Tree ROlit" I). 16
«. .. .,
Reducing Tnfrastruçturc Dam:Jgc by Tree Rools, p. 91,98,99,57
:! Ubnn Tree Soi1
PREPARED BY: BARRIE D. COATE. CONSULTNGARBORIST
AUGUST 15. 2004
(2 - S-'f
8 D COATE
408 3581288
08/18/04 12õS5pm P. Ø0S
FIllA /:'iJD~ 1 ¡¡: ~Jq lIf1 õ'R[~r.
B,~I·,·j f' j). ':-:,~tl~_'" _"''''~t:'Ic. 10:
1 HI8 3~d~ 12:\~
s: DCS OF íH)~,
AN ANALYSts OF TI-I: TWE::NTY-'$EVEN TREES VllHICH WOULD BE AFFECTED BY PLANNED RECONSTRUCTION AT THE SOUTHIlllEST 4
CORNER OF WOLFE Re,II.D AND VAlLCe PAAKWAY VALLce FASHION PARK
Tristania conferla, Brisbane box
30' tall, ] 5' spread. Handsome f(,liage, evergreen, fast growing.
Plant 24" box specimens, cost installed $370-$440 each installed.
Plawnu" acerifolw 'Columbia' - Columbia plane trce
To 45' tan, 10' spread, deciduous, fast growing.
Plant 24" box or equivalent ban and burlap trees. cost $370-$440 eaeh installed.
. For Use in TU1f Adjacent to Wolfe Road
If the existing evergreen ash trees arc removed any of the fo1towing would produce
large trccs hut without the frequent pruning requirements of the existing trces and
without pavement dama.ge jf a 2 foot deep root balTier lS jn~alkd at the margin of the
:::idcwalk.
Fraxinw:; americana <Autumn Purple'
'Autumn Purple' American ash is a well-formed tree without the structural prohlems
inherent with evergreen ash.
To 45' ta.l1, ~O' spread. Fa~.!
Tums lavender and pink in October, then to dark. red in Novemher.
48" b()xed specimens would cost $2,125 each instaned.
They would hav~ to be grown on contract in Californìa or purchased În winter as ball
and burlap specimens !Tom Oregon.
Plants equivalent to 4W' hoxed specimens would cost $700 insta11ed in February.
Frar..:inu..<:; penns..vlvanica 'Patmore'
'Patmore' green ash is similar inl"Onn and summer foliage to 'Autumn Purple' ash
but tums yellow in fall.
Respectfully submitted,
Ranie D. Coate
BDClsl
Encls.
PREPARED BY: BARRIE D. COATE, CONSULTING ARBOR 1ST
AUGUST 15, 2004
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Page 1 or 4
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Trees to be Retained according to l. P. Plan
1 = Best, 5 = Worst
Page 2 of 4
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Page 30f4
Measurements Condition PrunlnalCabling Needs est/Disease Problem R.comm.ndalions
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/2-& f
CUPEIQ1NO
Agenda Item No._
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Departrnent
Summary
Agenda Date: September 20, 2004
Application: U-2004-10, ASA-2004-14, Z-2004-01
M-2004-06, EA-2004-11
Applicant (s): Mike Rohde (Valko Shopping Center)
Property Location: 10123 and 10150 N. Wolfe Road
RECOMMENDATION
The Planning Commission recommends approval of the following:
1. Mitigated Negative Declaration, EA-2004-11
2. Use Permit application, U-2004-10
3. Architectural and Site Approval, ASA-2004-14
4. Rezoning, Z-2004-01
5. Modification to the Development Agreement, (1-DA-90), M-2004-06
Project Data:
General Plan Designation: Office/Industrial/Commercial/ Residential
Retail Area: 138,760 square feet
Residential Units: 204 units
Residential Density: 27 units/ gr.acre
Building Height: Maximum approxirnately 60 feet for "Rosebowl"site
Approximately 40 feet for Wolfe Retail site
P(CG,O,ML,Hotel)
P(CG, 0, ML, Hotel, Residential)
Heart of the City
Current Zoning:
Proposed Zoning:
Specific Plan:
Project Consistency with:
General Plan:
Zoning:
Specific Plan:
Environmental Assessment:
Yes.
No. Rezoning required to allow residential uses
Yes
Mitigated Negative Declaration
(2-~1
Applications: U-2004-10, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11
Valko Fashion Park
Page 2
Application Summary:
1. Use Permit to construct 204 residential units and a parking structure
2. Architectural and Site Approval for 138,760 square feet of new retail space, 204
residential units and a parking structure
3. Modification of a Developrnent Agreement (1-DA-90) to encompass the
development proposed in U-2004-10 and ASA-2004-14
4. Rezoning of a 7.5 acre site from Planned Development (General Commercial,
Light Industrial, Hotel, Regional Shopping) to Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping, Residential)
5. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration
recommended. The project will have no significant, adverse environmental
impacts.
BACKGROUND
At their meeting on August 23, 2004, the Planning Commission voted (4-1) to
recommend approval ofithe project. Commission comments resulted in additional
conditions of approval for a tree maintenance plan, a rnoving van plan and a circulation
plan during peak retail hours. Commissioner Chen opposed the project; she wanted to
see a cornprehensive analysis of the Vallco/HP area related to retail and residential
buildout and school irnpacts.
Public comments included concerns about availability of buses, through traffic and
truck deliveries on Wolfe Road, school impacts, potential problems with renters in for-
sale Below Market Rate units, and tree removal. The Charnber of Commerce supports
the conceptual plan.
DISCUSSION
This report provides a brief summary of major issues. A detailed discussion is provided
in the attached staff report to the Planning Commission dated August 23, 2004.
Project Description
The project consists of retail and retail mixed-use with residential on the 7.47 gross acre
"Rose bowl" site and the 2.01 gross acre Wolfe Road retail site. None of the other future
projects shown on the Campus Plan are included in this application. The project
includes on-street parking on Valko Parkway.
(2- lD
Applications: U-2004-1lJ, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11
Valko Fashion Park
Page 3
Development Agreement
Vallco Fashion Park and the City of Cupertino executed a developrnent agreement in
1991, which is in effect until 2006. Non-retail uses require a use permit, resulting in the
current application for a use permit for the residential use. Since approval of the use
permit for the residential developrnent is discretionary, the residential project is not
vested. The development agreement needs to be amended to vest this specific
residential project.
The Vallco Redevelopment Area was approved in 2000; it encornpasses 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.
General Plan and Heart of the City Specific Plan
The policies in the General Plan in effect at the time of the Development Agreement
prevail. The General Plan in effect (adopted in 1989) allows up to eight stories of
height. The Development Agreernent allows future General Plans and regulations, if not
in conflict with the vested elements, to be applied. The existing General Plan requires a
1:1 height to setback ratio on Wolfe Road. Since this is not addressed by a vested
element, the requirement must be, and is, rnet.
The Heart of the City plan allows a residential density of up to 35 dwelling units per
gross acre. The vested elements do not specify a density range, so this density range
prevails and is rnet. The required cornrnon usable outdoor area is met.
Rezoning
The project site is currently zoned P(CG,O,ML,Hotel) or Planned Development (General
Commercial, Office, Light Industrial, Hotel) and does not allow residential uses. The
site is proposed to be rezoned to P(CG, 0, ML, Hotel, Res) to allow the proposed
residential use. The proposed rezoning is compatible with the General Plan land use
designation.
DESIGN
Architecture
General: The architectural designs are conceptual and will receive subsequent, detailed
review if the use permit is approved. Areas of concern are:
. Vallco Parkway sidewalk width/building setback: Two additional setback areas
were created along Vallco Parkway to accommodate more outdoor usage. The
Planning Commission is satisfied that these areas are adequate.
(2 -l (
Applications: U-2004-1lJ, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11
Valko Fashion Park
Page 4
· South elevation: The interface to the south was improved in the current plans by
designing a more interesting parking structure façade. However, this elevation
will still be subject to additional review and modification at the design review
stage.
· East elevation: Was changed, but still lacks interest.
· Townhouse Design; Appears austere, needs more of a residential feel.
· Entrances to garages: Plain, needs more interest.
· East elevation of Wolfe Road Retail: Needs more interest.
· Parking structure interface: Auto circulation adjacent to the townhouses will be
softened with plantings; however, this interface still requires more detailed
analysis.
· Interior courtyards: Enlarging the interior courtyards, to avoid creating a sense
of enclosure, should be explored, particularly the courtyard on the east end of
the project. At the detailed design phase, the applicant shall explore replacing
the townhouses with double-loaded units and/ or decreasing the number of units
to provide wider courtyards.
· Ellipse form at southeast corner of Wolfe Road and Vallco Parkway: The
dramatic ellipse form is a welcome focal point for the project and is integral to its
success. However, the Planning Commission is concerned about the residential
use of the upper floors. The extensive use of glass will result in either views into
people's rooms, or rnore likely, closed drapes/shades, which will undermine the
effectiveness of the shape and concept. The applicant shall address how the
residential units will deal with the extensive glass exposure.
Recreation/Open Space Areas
The courtyards and decks in the residential area provide 31,860 square feet of common
recreational open space. Private open space of 13,590 square feet (balconies and
terraces) is provided. These meet the requirements of the Heart of the City Plan.
Recreation and fitness roorns are also provided. Since it is not practical to include
public parks in this developrnent, the residential development will pay park in-lieu fees.
Staff has raised the issue of providing a public park in the adjacent HP /Toll Brothers
project to provide park needs for residents living in Vallco Park, Menlo Equities and the
HP /Toll Bros. sites.
TRANSPORTATION IMPACT ANALYSIS
A traffic report was prepared by Fehr & Peers Associates, Inc. (Exhibit B). The
proposed project is expected to generate a total of 1,040 daily trips with 77 net AM peak
hour trips and 96 net PM peak hour trips.
The project's impacts on the level of service (LOS) at various intersections was
analyzed. The proposed project will not have a significant irnpact at any of the study
intersections (page 29).
{-¿-Î2
Applications: U-2004-1U, ASA-2004-Ol, 2-2004-01, M-2004-06, tA-2004-11
Val1co Fashion Park
Page 5
Parking
The Development Agreernent specifies a parking ratio of 1 space per 248 square feet of
gross leasable floor area. The parking breakdown is as follows:
PROJECT AREA Required Provided
Existing Shopping 4,148 3,742*
Center
Residential 408 410
New Retail 971 1,429
TOTAL 5,527 5,581
*This number reflects the loss of 785 spaces that will be eliminated in the Rosebowl
below-grade parking lot.
The proposed parking is adequate to meet parking demand. However, the
Development Agreement requires that the total nurnber of parking spaces provided
during construction shall not be more than 200 spaces below the total number of spaces
required. During construction, available parking will fall more than 200 spaces below
the required spaces due to the loss of the Rosebowl parking lot (it will be approximately
400 spaces below); a parking managernent plan will be required.
Bicycle Parking
The following indicates bicycle parking required for the new retail and residential
buildings per the City's code:
. Retail- 5% of auto parking, 29 spaces (Class II)
. Residential- 40% of units, 82 spaces (Class I)
Plans submitted for final approval will provide for the required bicycle spaces.
Pedestrian Access and Paths
The proposed Menlo Equities project directly south includes a pedestrian path along its
north property line. Pedestrians will take the path to the sidewalk on Wolfe Road to
access the project site and Valko Fashion Park. A condition of approval requires that
additional access points between the project and adjacent properties be explored and
implemented where feasible.
School Impacts
The project proposes 204 residential units. The school districts deterrnined the
following:
(2 - 7 J
Applications: U-2004-1U, ASA-2004-01, Z-2004-01, M-2004-06, bA-2004-11
Vallco Fashion Park
Page 6
. Cupertino Union School District (Elementary and Middle School) - The districts estimates
a maximum yield of 50 K-8 students. The elementary school will be Sedgewick
Elementary School and the rniddle school will be Hyde Middle School. The district
has indicated that it can accommodate the addition of these students without
significant impacts.
. Fremont Union School District -The district expects 23 high school students at
Cupertino High School from the project. Based on this assessment, the District
believes that the impact of this project will be mitigated through the collection of
developer fees.
As indicated above, the existing facilities will accommodate the students from this
project and school impact fees will be paid. Therefore, the project will not have a
significant impact on the school system.
MfordabIe Housing
Per the City's Below Market Rate (BMR) requirernent, 15% of the units or 31 units are
required. The for-sale units are required to serve median and moderate-income
residents. Sixty percent of the BMR units shall be available for rnedian-income and 40%
for rnoderate-income residents. The Cupertino Housing Commission encourages
maximizing the density perrnitted in order to rnaxirnize the number of below rnarket
rate units developed (35 units! gross acre instead of the proposed 27 units per gross
acre). (See Exhibit C.) However, there are only 204 units available in the General Plan to
be allocated in this area, so a General Plan arnendment would be required to allocate
more. A rnore intense residential development may not be desirable in any case if it
resulted in increased mass and bulk, due to its impacts on the proposed adjacent
residential uses.
Landscaping and Tree Removal
There are 152 trees in the "Rosebowl" area. One-hundred-forty would be rernoved by
construction of this project. Most of the trees are in the below grade parking area. The
evergreen ash on the east side of the sidewalk along Wolfe Road will be removed due to
construction and required access to the residential units by the fire deparhnent. The
arborist and the fire department recommend removal of the ash trees on the south side of
Valleo Parkway. They are in poor condition and they restrict access to the residential units.
They will be replanted with appropriate trees as part of a detailed landscaping plan, to be
approved subsequent to this conceptual landscaping plan.
The inner row of ash trees on the Wolfe Road retail site will be removed due to
construction. The outer row will either need to be removed due to its close proximity to
the new proposed sidewalk and to poor health, or the new sidewalk will need to be
reconstructed to better accommodate the trees. The arborist recommends rernoval due to
11- 1Lf.
Applications: U-2004-1U, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11
Valko Fashion Park
Page 7
poor structure and proximity to the sidewalk. (See Exhibit D.) He recommends that
Brisbane Box or Columbia plane trees be planted on Valko Parkway, and American Ash be
planted along Wolfe Road. Replacement trees will be determined in the future approval of
the detailed landscaping plan.
Sanitary Sewer and Water Supply
Sanitary sewer service is available, but the Sanitary District has determined that the
sanitary sewer lines will need to be expanded for a distance of approximately 500 feet to
accommodate the project. A condition requires that the necessary improvements be
completed prior to building occupancy.
California Water Service indicates that water lines may need to be enlarged, depending
on fire flow requirements and project water demand analysis. A condition requires that
the necessary improvements be cornpleted prior to building occupancy.
ENCLOSURES
Ordinances 1946 and 1947 for z-2004-01 and M-2004-06
Planning Commission Resolution 6268 for U-2004-10
Planning Commission Resolution 6269 for ASA-2004-14
Planning Commission Resolution 6267 and Ordinance 1946 for Z-2004-01
Initial Study
Negative Declaration
Exhibit A: Report from Cupertino Architectural Consultant, Larry Cannon
Exhibit B: Transportation Impact Analysis prepared by Fehr and Peers dated August
2004
Exhibit C: Cupertino Housing Commission memo dated July 26, 2004
Exhibit D: Arborist reports from Barrie D. Coates and Associates dated June 29 and
August 15, 2004
Staff Report to Planning Commission dated August 23, 2004
Planning Commission Minutes dated August 23, 2004
Plan Set
Prepared by: Ciddy Wordell, City Planner
Approved by:
~
~
Steve Piasec i
Director, Community Development
G:\Planning\PDREPORT\ CC\ U-2004-10cc.doc
David W. Knapp
City Manager
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U-2004-10, ASA-2004-14, 2-2004-01 Agenda Date: August 23,2004
M-2004-06, EA-2004-11
Applicant (s): Mike Rohde (Vallco Shopping Center)
Property Location: 10123 and 10150 N. Wolfe Road
RECOMMENDATION
Staff recornmends that the Planning Commission recommend approval of the
following:
1. Mitigated Negative Declaration, EA-2004-11
2. Use Permit application, U-2004-10
3. Architectural and Site Approval, ASA-2004-14
4. Rezoning, 2-2004-01
5. Modification to the Development Agreernent, (1-DA-90), M-2004-06 (verbal
recommendation)
Project Data:
General Plan Designation: Office/Industrial/Commercial/ Residential
Retail Area: 138,760 square feet
Residential Units: 204 units
Residential Density: 27 units/ gr.acre
Building Height: Maxirnurn approximately 60 feet for "Rosebowl" site
Approximately 40 feet for Wolfe Retail site
P(CG,O,ML,Hotel)
P(CG, 0, ML, Hotel, Residential)
Heart of the City
Current Zoning:
Proposed Zoning:
Specific Plan:
Project Consistency with:
General Plan:
Zoning:
Specific Plan:
Environmental Assessment:
Yes.
No. Rezoning required to allow residential uses
Yes
Mitigated Negative Declaration
Application Summary:
1. Use Permit to construct 204 residential units and a parking structure
2. Architectural and Site Approval for 138,760 square feet of new retail space, 204
residential units and a parking structure
3. Modification of a Development Agreement (1-DA-90) to encompass the
development proposed in U-2004-10 and ASA-2004-14
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Vallco Fashion Park
Page '2
4. Rezoning of a 7.5 acre site from Planned Development (General Commercial,
Light Industrial, Hotel, Regional Shopping) to Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping, Residential)
5. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration
recommended. The project will have no significant, adverse environmental
impacts.
BACKGROUND
The City Council and Planning Commission reviewed the project plan at a study
session on July 6, 2004 and provided the following comments:
Relate proiect to existing development: rather than the project relating to the existing
development, additions to the mall west of Wolfe Road will be designed to be
cornpatible with the project developrnent.
Improve architecture of south and east elevations: the design of the parking garage on the
south elevation is more interesting, and the south elevation has been changed. Further
design changes are needed (see discussion below).
Include bicycle racks: bicycle racks and enclosures are required and will be shown in the
detailed site plan review.
Consider a "free walk" at the intersection of Wolfe Road and Valleo Parkway; pedestrians need
to be comfortable crossing this road: Glenn Goepfert in the Public Works Department
responds that" a pedestrian scramble" is not appropriate for that location. Giving
pedestrians exclusive access to the intersection by stopping vehicular traffic on all
approaches will add a half-minute or rnore to the total traffic signal cycle length,
creating unacceptable delays in the flow of vehicular traffic along Wolfe Road and
Valko Parkway. Pedestrian scrambles can be more appropriate in downtown urban
locations where there are full city blocks between intersections and available parallel
vehicular routes. Neither of these criteria applies in this case. A pedestrian grade
separation could be considered, but it is not currently identified as a City Capital
Improvement Program or Redevelopment Agency project, and it might have to be
demonstrated that the subject project is producing or contributing to a condition
sufficiently hazardous to pedestrians that an at grade pedestrian crossing is
unacceptable.
Provide private open space as required by the Heart of the City Specific Plan: the required
private open space is provided.
Provide wider sidewalks on Valleo Parkwa1/: the width of the sidewalk in front of the
building was increased in two areas. The sidewalk should be widened further to
provide access to the retail shops and enhance walkability in Valko.
Provide pedestrian connections between the Menlo Equities proiect and this proiect: The
Environmental Review Committee recommends that pedestrian access between the
project and adjacent properties be provided. This will be a condition of approval.
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Vallco Fashion Park
Page 3
DISCUSSION
Project Description
The project site consists of the 7.47 gross acre (5.86 net acre) mixed-use Rosebowl site
and the 2.01 gross acre (1.05 net acre) Wolfe Road retail site. None of the other
proposed buildings on the site plan (hotel, 50 units of residential, theater, parking
structure, additional new retail) are part of the application.
The proposed project is surrounded by commercial and office uses at this time. The
Menlo Equities mixed-use project (107 residential units, 6,386 square feet retail) is under
construction south of the Rosebowl site. The vacant Hewlett-Packard lands are to the
east, and are being proposed for mixed-use residential/retail.
The project includes on-street parking on the north and south sides of Valko Parkway,
requiring the removal of one through traffic lane in each direction. This will reduce the
lanes on Valko Parkway from six to four lanes.
Development Agreement
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. The
agreement locks in the General Plan and zoning ordinances in effect at the time. 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 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. His
c.omments are provided in the Architecture section beginning on page 5 of this report.
Since approval of the use permit for the residential development is discretionary, the
residential project is not vested. The development agreement needs to be amended to
vest this specific residential project. No specific language is recommended at this time.
The City Attorney will prepare the proposed changes for review by the applicant, to be
considered by the City Council at its public hearing. The Planning Commission is
requested to recommend approval of this modification in concept.
The Valko Redevelopment Area was approved in 2000; it encompasses all of Valko
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
tirne.
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General Plan and Heart of the City Specific Plan
As mentioned, the policies in the General Plan in effect at the time of the Development
Agreement prevail. The General Plan in effect (adopted in 1989) allows up to eight
stories of height. The Development Agreement allows future General Plans and
regulations, if not in conflict with the vested elements, to be applied. The existing
General Plan requires a 1:1 height to setback ratio on Wolfe Road. Since this is not
addressed by a vested element, the requirement must be, and is, met.
The Heart of the City plan allows a residential density of up to 35 dwelling units per
gross acre. The vested elements do not specify a density range, so this density range
prevails and is rnet. The required common usable outdoor area is rnet.
Rezoning
The project site is currently zoned P(CG,O,ML,Hotel) or Planned Development (General
Commercial, Office, Light Industrial, Hotel) and does not allow residential uses. The
site is proposed to be rezoned to P(CG, 0, ML, Hotel, Res) to allow the proposed
residential use. The proposed rezoning is compatible with the General Plan land use
designation.
DESIGN
Site Plan
Roseboro/ site: This site consists of one level of retail (with high volume ceilings
equivalent to two stories), three levels of residential (including condominiums and
townhouses) and six levels of parking. The residential/retail uses wrap around the
parking structure on three sides. The existing below-grade parking lot serves as the
lower level of the parking structure.
Three entrances to the parking structure are located on Valko Parkway, as is one
entrance to the rear of the parking structure. An entrance to the residential units and
the loading and trash areas is located at the south end of the site off of Wolfe Road.
The west side of the building is the main outdoor gathering place, with 20+ foot
sidewalks/plazas for seating and outdoor dining. Two sets of stairs lead down to the
lower parking garage.
The retail frontage on Valko Parkway has an approximately 12-foot sidewalk, with
more limited opportunities for outdoor activities. Two seating/ dining areas are shown
on this frontage. The setback of the building from the south and east property lines is
40 feet.
The residential concept consists of units facing out on all four sides of the building and
into the interior courtyards, and townhouses facing the parking structure and interior
courtyards.
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Wolfe Road Retail site: Two, two-story retail buildings are located at the northeast
intersection of Wolfe Road and Valko Parkway. The northerly building is attached to
the bridge over Wolfe Road, and has access from the bridge to the second story of the
building. A courtyard separates the two buildings.
A new crosswalk feature is proposed at the Wolfe Road/Vallco Parkway intersection.
The exact design of this feature and the other sidewalk treatments will be determined in
a more detailed design phase.
Architecture
General: The architectural designs are conceptual and will receive subsequent, detailed
review if the use permit is approved. The applicant's architect describes the
architecture as eclectic. The facades vary from solid to transparent. The large tenant
space on the west elevation is described as an old department store look. A variety of
materials and colors is proposed. There is a belt line between the retail and residential
uses. Some of the residential units step back between floors, and articulation is
provided on the Wolfe Road and Valko Parkway frontages.
Rosebowl site:
The City's consulting architect, Larry Cannon, reviewed the plans (Exhibit A). He
points out:
· The narrow setback on Valko Parkway that may limit pedestrian-friendly uses
· An unpleasant interface with the new residential project to the south
· Auto circulation right against the townhouses
· Clarification of garage circulation and control methods needed
· Width of courtyards
· Major rnaterial, character and module changes that don't lead to a strong sense
of place and residential feeling
· Urban feel at Rosebowl corner
Staff shares some of these same concerns:
· Two additional setback areas were created along Valko Parkway to
accommodate more outdoor usage. However, staff recommends that the
buildings be set back approximately eight additional feet (to achieve a 20 foot
setback) by shifting the entire building back, reducing the size of the building
and/ or rnoving the curb out, if feasible.
· The interface to the south was improved in the current plans by designing a
more interesting parking structure façade. However, staff does not consider the
south elevation to be a final concept; it will still be subject to additional review
and modification at the design review stage.
· Auto circulation adjacent to the townhouses will be softened with plantings;
however, this interface still requires more detailed analysis.
· The architect has clarified the garage circulation and can review this at the public
hearing.
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VaIleo Fashion Park
Page 6
· EIÙarging the interior courtyards, to avoid creating a sense of enclosure, should
be explored, particularly the courtyard on the east end of the project. At the
detailed design phase, the applicant shall explore replacing the townhouses with
double-loaded units and! or decreasing the number of units to provide wider
courtyards.
· Staff is not as concerned as Larry Cannon with the change in materials, etc., but
recommends conditions of approval that call for high quality materials and
finishes, and possibly other modifications such as reducing the amount of glass
area, to be considered at the detailed design review stage.
· A "more intense urban character" is called for in the Vallco design guidelines for
the Rosebowl site (the design guidelines are vested). The drarnatic ellipse form is
a welcorne focal point for the project and is integral to its success. However, staff
is concerned about the residential use of the upper floors. The extensive use of
glass will result in either views into people's rooms, or more likely, closed
drapes! shades, which will undermine the effectiveness of the shape and concept.
Staff believes this feature should be re-designed to pull back the residential use
and devote the front visible element to a commercial focal point; a possibility is a
high atrium with interesting lighting or art that could serve as a signature for this
project and Vallco Fashion Park. The residential units should be pulled back
from the building edge to allow for this.
Additional concerns are the east elevation, which was modified to address study
session comments, but still lacks interest; the townhouse design (south elevation),
which appears austere in its conceptual form; plain entrances to the garage on Vallco
Parkway; and plain east elevations of the Wolfe Road retail buildings. Plans for the
more detailed review by the Planning Commission and City Council should include
the use of reveals, roof cornices and varying roof forms, projecting balconies, and the
use of high quality materials, e.g., stone.
Recreation/Open Space Areas
The courtyards and decks in the residential area provide 31,860 square feet of common
recreational open space. Private open space of 13,590 square feet (balconies and
terraces) is provided. These meet the requirements of the Heart of the City Plan.
Recreation and fitness rooms are also provided. Since it is not practical to include
public parks in this development, the residential development will pay park in-lieu fees.
Staff has raised the issue of providing a public park in the adjacent HP ¡Toll Brothers
project to provide park needs for residents living in Vallco Park, Meruo Equities and the
HP !Toll Bros. sites.
TRANSPORTATION IMPACT ANALYSIS
A traffic report was prepared by Fehr & Peers Associates, Inc. (Exhibit B). The
proposed project is expected to generate a total of 1,040 daily trips with 77 net AM peak
hour trips and 96 net PM peak hour trips.
The project's impacts on the level of service (LOS) at various intersections was analyzed
using existing conditions, background conditions (including traffic from approved but
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VaIleo Fashion Park
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not constructed developments), project conditions (background conditions plus the
proposed project) and expected growth conditions required by the Congestion
Management Agency (increasing existing volumes by an annual growth factor of 1.2
percent per year to the expected project completion date of Summer 2006 and adding
traffic from approved projects and the proposed project). The proposed project will not
have a significant impact at any of the study intersections (page 29).
The analysis of background conditions, page 17, indicates that five study intersections
are projected to operate at LOS E or F during one or both peak hours:
· Wolfe Road and Pruneridge Avenue (PM peak hour)
· Wolfe Road and Vallco Parkway (PM peak hour)
· Miller Avenue and Bollinger Road (PM peak hour)
· Stevens Creek Boulevard and De Anza Boulevard (PM peak hour)
· Homestead Road and Lawrence Expressway (AM and PM peak hours).
The Kaiser Hospital under construction at Homestead Road and Lawrence Expressway,
and to a lesser extent the vested Vallco buildout, contribute to these conditions. Staff
believes these results are conservative and will continue to evaluate the traffic modeling
methods and impacts of future projects. In any case, this project does not contribute a
significant level of traffic to these conditions.
Parking
The Development Agreement specifies a parking ratio of 1 space per 248 square feet of
gross leasable floor area. The parking breakdown is as follows:
PROJECT AREA Required Provided
Existing Shopping 4,148 3,742*
Center
Residential 408 410
New Retail 971 1,429
TOTAL 5,527 5,581
*This number reflects the loss of 785 spaces that will be eliminated in the Rosebowl
below-grade parking lot.
The proposed parking is adequate to meet parking demand. However, the
Development Agreement requires that the total number of parking spaces provided
during construction shall not be rnore than 200 spaces below the total nurnber of spaces
required. During construction, available parking will fall rnore than 200 spaces below
the required spaces due to the loss of the Rosebowl parking lot (it will be approxirnately
400 spaces below); a parking managernent plan will be required.
Bicycle Parking
The following indicates bicycle parking required for the new retail and residential
buildings per the City's code:
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Vallco Fashion Park
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· Retail- 5% of auto parking, 29 spaces (Class II)
· Residential - 40% of units, 82 spaces (Class I)
Plans submitted for final approval will provide for the required bicycle spaces.
Bus Stop and Park and Ride Facility
The Developrnent Agreement includes a provision to provide 75 shared park and ride
spaces within 750 feet of a bus turnout location. The bus turnout will be provided on
Valko Parkway and the shared park and ride will be in the parking structure. A
temporary lot will be provided during construction. A condition of approval stipulates
these requirements.
Pedestrian Access and Paths
The sidewalks and street-level courtyards on the site are partially on private property.
A condition of approval requires the applicant to record pedestrian easements to allow
public access to the sidewalks and courtyards that are on private property.
The proposed Menlo Equities project directly south includes a pedestrian path along its
north property line. Pedestrians will take the path to the sidewalk on Wolfe Road to
access the project site and Valko Fashion Park. A condition of approval requires that
additional access points between the project and adjacent properties be explored and
implernented where feasible.
School Impacts
The project proposes 204 residential units. The school districts determined the
following:
· Cupertino Union School District (Elementary and Middle School) - The districts estirnates
a maximum yield of 50 K-8 students. The elementary school will be Sedgewick
Elementary School and the rniddle school will be Hyde Middle School. The district
has indicated that it can accommodate the addition of these students without
significant irnpacts.
· Fremont Union School District -The district expects 23 high school students at
Cupertino High School from the project. Based on this assessment, the District
believes that the impact of this project will be mitigated through the collection of
developer fees.
As indicated above, the existing facilities will accommodate the students from this
project and school impact fees will be paid. Therefore, the project will not have a
significant impact on the school systern.
Noise
Prospective residents adjacent to Wolfe Road and Valko Parkway will be exposed to
traffic and pedestrian noise. A noise study will be conducted prior to issuance of
building permits to determine if sound rated windows and alternate sources of
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Valleo Fashion Park
Page 9
ventilation are needed to comply with the State Building Code and the General Plan.
The City's General Plan states that for residential zones, noise levels should not exceed
60dB for exterior outdoor recreational areas and 45dB for the interior spaces.
Prospective residents above the loading docks and trash areas, as well as prospective
residents in the Menlo Equities development, will be exposed to noise from these
sources. Project approval requires loading docks to be enclosed and delivery hours and
trash pickup times to be limited.
The perimeter road is raised adjacent to the Menlo Equities project, which may
exacerbate noise and vehicle headlight impacts. A condition of approval requires that
the height of the perimeter road be minimized.
Mfordable Housing
Per the City's Below Market Rate (BMR) requirernent, 15% of the units or 31 units are
required. The for-sale units are required to serve median and moderate-income
residents. Sixty percent of the BMR units shall be available for median-income and 40%
for moderate-income residents. The Cupertino Housing Commission encourages
maximizing the density permitted in order to maxirnize the number of below market
rate units developed (35 units/ gross acre instead of the proposed 27 units per gross
acre). (See Exhibit C.) However, there are only 204 units available in the General Plan to
be allocated in this area, so a General Plan arnendment would be required to allocate
more. A more intense residential development may not be desirable in any case if it
resulted in increased mass and bulk, due to its impacts on the proposed adjacent
residential uses.
Landscaping and Tree Removal
There are 152 trees in the "Rosebowl" area. One-hundred-forty would be rernoved by
construction of this project: 48 Monterey pines, 45 Chinese elm, 35 evergreen ash (7 due to
poor health and potential for failure) 14 coast redwood and 10 evergreen pear. Most of the
trees are in the below grade parking area. The evergreen ash on the east side of the
sidewalk along Wolfe Road will be removed due to construction and required access to the
residential units by the fire department. The arborist and the fire department recommend
removal of the ash trees on the south side of Valko Parkway. They are in poor condition
and they restrict access to the residential units. They will be replanted with appropriate
trees as part of a detailed landscaping plan, to be approved subsequent to this conceptual
landscaping plan.
The inner row of ash trees on the Wolfe Road retail site will be removed due to
construction. The outer row will either need to be removed due to its close proximity to
the new proposed sidewalk and to poor health, or the new sidewalk will need to be
reconstructed to better accommodate the trees. The arborist recommends rernoval due to
poor structure and proximity to the sidewalk. (See Exhibit D.) He recommends that
Brisbane Box or Columbia plane trees be planted on Valko Parkway, and American Ash be
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VaIleo Fashion Park
Page 10
planted along Wolfe Road. Replacement trees will be determined in the future approval of
the detailed landscaping plan.
Sanitary Sewer
Sanitary sewer service is available, but the Sanitary District has determined that the
sanitary sewer lines will need to be expanded for a distance of approximately 500 feet to
accommodate the project. A condition requires that the necessary improvements be
completed prior to building occupancy.
Water Supply
California Water Service indicates that water lines rnay need to be enlarged, depending
on fire flow requirements and project water dernand analysis. A condition requires that
the necessary improvements be completed prior to building occupancy.
Storm Water Quality Management
The Regional Water Quality Control Board requires local agencies to reduce impervious
surface and incorporate storrn water quality design techniques in their new projects.
The current project site is a paved asphalt parking lot. The project will increase
landscaping, utilize pavers and bioswales and thereby reduce impervious surface area.
Therefore, there will be no negative impacts to the storm drain systern.
ENCLOSURES
Model Resolution for U-2004-10
Model Resolution for ASA-2004-14
Model Resolution for 2-2004-01
Initial Study
Recommendation of the Environmental Review Committee
Exhibit A: Report frorn Cupertino Architectural Consultant, Larry Cannon
Exhibit B: Transportation Impact Analysis prepared by Fehr and Peers dated August
2004
Exhibit C: Cupertino Housing Commission memo dated July 26, 2004
Exhibit D: Arborist reports from Barrie D. Coates and Associates dated June 29 and
August 15, 2004
Plan Set
Submitted by: Ciddy Wordell, City Planner
Approved by: Steve Piasecki, Director of Community Developme~
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August 23, 2004
· If this does pass where the applicant has the ability to either move the h me to the back lot, or
keep it where it is; chop off two feet and add a garage.
· Recommended that it be mandatory as a condition for it to to the Design Review
Committee, to ensure that the new garage is well integrated into existing architecture of the
home
Ms. Wordell:
· Said the tentative map is not normally tied to design revi ; asked for feedback ITom the city
attorney.
Ms. Eileen Mnrray, Assistant City Attorney:
· Said they could not put it in as a condition on the ap, as discussion is related only to the map.
Com. Giefer:
· Said she was not in favor of the subdivisio unless the home was moved to the back lot.
Vice Chair Wong:
· Said he concurred with his colleag s in support of a flag lot.
· He said he understood where sta was coming ITom regarding having two narrow lots, but he
felt in this particular situation t t two flag lots were appropriate.
· Not comfortable giving a vari ce because it would be substandard with the ordinance; and he
felt the applicant was com~ able with the flag lot, and they have an option of either building
their dream home in the re of the building or staying in the ITont.
· He understood, accordi to the city attorney, that they were voting only on a tentative map.
Chair Saadati:
· Supports the flag t, keeping the house as is; it has been that way for a long time and fits in
the neighborhoo .
otion by Com. Miller, second by Com. Chen, to approve Application
M-2004-07, with the flag lot design. (Vote: . (4-0-1, Com. Giefer voted no)
Motion:
Motion:
Motion by Com. Chen, second by Vice Chair Wong, to deny Application
V -2004-02. (Vote: 5-0-0)
Mr. Pi. ecki noted that the decision was final, unless appealed to the City Council.
5.
Z-2004-01, U-2004-10,
ASA-2004-14, M-2004-06,
EA-2004-11; Mike Rohde
Valleo Shopping Center)
10123 & 10150 No.
Wolfe Road
Rezoning of a 7.5 acre site from Planned Development
(General Commercial, Light Industrial, Hotel, Regional
Shopping) to Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping,
Residential). Use Permit to construct 204 residential units
and a parking structure. Architectural and Site
Approval for 138-760 square feet of new retail space,
Residential units and a parking structure. Tentative City
Council date: September 7, 2004.
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Planning Commission Minutes
6
August 23, 2004
Ms. Ciddy Wordell, City Planner, presented the staff report:
· Said that the applications were for a use pennit for 204 residential units; architectural and site
approval for retail space, residential units and parking structure, modification of a
development agreement in order to include the applications as part of the Vallco development
agreement; and a rezoning that will include a residential use as allowed use in the zoning
district; as well as a mitigated declaration.
· Reviewed the background of the development agreement, and the site plan including the Rose
Bowl site and the Wolfe Road retail site, as outlined in the staff report.
· Said that the drawings are conceptual and applicant will be required to return with more
detailed plans to both the Planning Commission and City Council.
· Reviewed staff concerns outlined in the staff report.
· Staff recommends that all the details come back to the Planning Commission and City Council
if approved in concept level.
· Traffic report completed; determined there were no significant impacts on traffic from the
project.
· There were comments at the study session about wanting to see greater pedestrian access
between this project and adjacent properties and that has been made a condition of approval to
have them come back and show how they will better interface.
· Project provides adequate parking. During construction however, they will fall below the level
of parking they are to provide during construction; they will need to show a construction plan
or parking plan as to how they are going to provide parking during the construction period.
· Reviewed landscaping and tree removal as outlined in the staff report.
· There are no significant impacts ITom the schools; 50 students ITom the elementary and middle
schools; 23 high school students. Developer fees would mitigate any impacts ITom the increase
in students.
· Noise impacts ITom the street noise to the residences have been identified; will need some
noise studies done to determine what kind of construction is needed to address the noise
impacts.
· Affordable housing will be the 15% in our regular program; sanitary district and water service
indicated therè are some capacity problems in terms of the pipes; and the applicant and city are
already in discussion with both of the agencies.
· In tenns of sanitary there will have to be some enlargements done and in water that remains to
be seen. The mitigation is that in either case the increase in capacity will occur prior to
issuance of building permits.
· Staff recommends that the Planning Commission recommend to the City Council the approval
of the environmental negative declaration, the four applications. There is no model resolution
for the modification to the development agreement; attorney will draft it; the recommendation
is that the Planning Commission pass on their recommendation to the City Council that the
projects be included in the development agreement.
Com. Giefer:
· Said she did not recall seeing the tree removal diagram in the staff report.
· Regarding the parking calculation, the number the developer shows for the Rose Bowl site is
1398 stalls for parking, but the number staff had was 1400+; what is the difference.
Mr. Piasecki:
· Explained that the 1429 spaces is derived ITom the 1398 Rose Bowl, plus the 31 Wolfe Road.
· He clarified that they were counting the street parking on Wolfe Road (on Vallco Parkway).
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Planning Commission Minutes
7
August 23, 2004
Vice Chair Wong:
· Follow up on Com. Giefer question regarding parking; on the residential there is 204 units; are
those all assigned parking or general; how is it calculated?
Ms_ Wordell:
· The upper levels of parking are dedicated to the residentials so they have exclusive rights to
the residential parking.
· Said there were two spaces per unit.
· Guests would have access to the lower level and the first level; residents park on the 3'", 4th
and 5th levels.
Vice Chair Wong:
· On the traffic pedestrian on Vallco Parkway where one lane would be deleted; currently there
are 4 lanes and it would be reduced down to one lane for onstreet parking.
· What is being suggested; is there going to be a center divide?
· There is no left turn lane going onto Wolfe Road.
· Said he had a concern about parking on Vallco Parkway but will address later.
· Also regarding the high school mitigation fees, does the applicant pay for the 20 students; how
does that work; what if the numbers went up or down?
Ms. Wordell:
· It is three lanes in each direction and it will go to one lane of parking and two lanes of through
traffic in each direction.
· It will be restriped; there would be two through lanes in each direction.
· There will be a left turn lane onto Wolfe Road.
· They pay a development fee directly to the schoo] district.
Mr. Piasecki:
· There is no adjustment made if there are more or less students than projected, because over
time it will vary, they have a set fee.
· It is rigorously established by state law.
Vice Chair Wong:
· Asked for clarification on the concern about Vallco Parkway regarding the setback on the
design issue; was it for a wider sidewalk and if it is pushed over for a wider sidewalk, the
building may be smaller and may not get all they want.
· Commented that by having a narrow street, there is a more intimate feeling; at 12 feet vs. 20
feet.
Ms. Wordell:
· It creates a more open ambiance of having a wider sidewalk vs. a narrow sidewalk where you
would feel very constrained walking down; it would be uninviting. If it was wider, it would be
more inviting.
· Stafflooked at Santana Road where the main streets are 20 feet wide; some of their side streets
are 12 feet, with the feeling they were side streets to walk by to get to the main street.
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Mr. Piasecki:
· Said staff had looked at arrangements at Santana Rowand Santa Barbara; Mountain View has
variable width along their street; they also have angled parking which gives a greater
separation from the travel lanes.
· Said in their professional opinion, 12 feet is not adequate for this building; the building is tall
and it needs to be pulled back some and more space is needed for the pedestrian; otherwise the
pedestrian is going to feel squeezed.
· Staff suggests it be increased to 20 feet.
Com. Miller:
· There were very few staff comments on the intersection of Wolfe and Vallco Parkway; are
there any other comments about the ease or difficulty with which shoppers and pedestrians can
cross and get from one side of the center to the other; does staff have an opinion on that?
Ms. Wordell:
· Staff have not analyzed that yet because the details are going to come back at the next stage, at
which time they will address it.
Mr. Piasecki:
· There are not a lot of good options; it is a very wide street and the option of having a free for-
all pedestrian crossing is not a good one. Public Works is not recommending that in this
location.
Com. Miller:
· Asked for clarification of the term 'pedestrian scramble'.
Mr. Glen Goepfert, Pnblic Works:
· Said it was a dedicated pedestrian movement with no motor traffic moving in any direction;
staff felt it was not appropriate there because it would add at least one-half minute to the
overall cycle length for the signal; the motor traffic wouldn't be able to move through the area.
· It is more appropriate for a downtown area with real city blocks and some parallel routes.
· Another option was a grade separation for pedestrians; there is a bridge about 350 feet to the
north; one would have to go through the retailer which is more realistic to look at in those
terms.
Com. Miller:
· The bridge is well defined so that pedestrians would view that as welcome option to get to the
other side.
Ms. Wordell:
· It would not be accessible with this proposal because you would need to go up to the second
story of the retail to access it.
· If coming from the parking area to the mall or theater, unless it was highly marketed to guide
people to it, they would more likely cross at another location.
Com. Miller:
· That is potentially an area for further study.
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August 23, 2004
Mr. Piasecki:
o Said it would likely function similar to Valley Fair and Santana Row with Stevens Creek
Boulevard where it is a difficult street to cross. They do not have the retail bridge that is
present at Val1co.
Chair Saadati:
o Regarding the traffic study, the report says that there is impact; however looking at the table,
ES I, it seems the current level of service is impacted comparing it to the expected growth
column. Looking at Item 5 on Wolfe Road and Val1co Parkway, level of service is C- and
also background is F and expected growth is F, in some areas that area actually goes up and
some areas it is reduced.
Mr. Goepfert:
o According to the study, the impact doesn't come from this particular phase of development;
however if you look in the background for those that are actually grading, it is coming in
background in a number of areas and a number of intersections and staff has a problem with
that. This is the first time that this has shown up in any of the cumulative studies that have
been done for projects in Cupertino.
o However, there are some things that would go toward that; one is that the consultants have
been asked to use the year 2000 counts which are the most conservative counts based upon the
economy at that time.
o There are other background projects; that Ms. Wordell mentioned, the Valleo development
already vested, which is put into the background and pushes over some of the others.
o This particular phase does not have a significant impact in tenns of affecting degrading the
LOS; the separate problem is for staff to look at whether they actually believe that the
intersections are going to be degraded in some cases to F or E, which would require a General
Plan change.
o The congestion management counts in October will generate some new infonnation and take
another look at this because we don't think that things are degrading this badly, but may be a
result of the conservative look taken by using the year 2000 counts.
o Said the project being discussed does not have a significant impact as far as degrading the
intersections. If it did, staff would be happy to condition it with mitigations, but unfortunately
some of the previously vested Valleo phases have already gone by and we don't have the
ability tonight to recommend any mitigations for those; those have been 10 years in the past.
Vice Chair Wong:
o Asked if it took into consideration the movie theaters, the 204 housing units, the retail
excluding the 50 residential units, condos and the hotel.
Mr. Goepfert:
o Said he felt that it did.
o If the overall traffic picture were to be what it is here, we would have to look at what we could
do to mitigate the impacted intersections; that would have to do with single time; if we had to
add to the green; look at some turning movements, that sort of thing, but before we get to that
point, we need to take another look at this and reanalyze what is here to see if it is too
conservative.
o There will be an opportunity to do that to a certain extent in the congestive management
counts in October, which is an overall picture for Cupertino for the level of development. This
particular phase of development is not contributing to the impact that you see, not in a
significant way.
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Vice Chair Wong:
o Are staff and the applicant comfortable with the traffic circulation of the residents coming into
the building, as well as their retailers going into the parking lot. Do they feel the signs are
visible, do they know how to enter and exit into the Rose Bowl project?
Mr. Goepfert:
o Said it was not something he would be able to tell as far as the detail of the signage; something
the developer might speak to.
Vice Chair Wong:
o Asked if they were comfortable about the ingress/egress from the street going into the
building.
Mr. Piasecki:
o The applicant has devised a creative effort with many ways to get in and out of the site.
o There is a perimeter road, three access points along Vallco Parkway, plus the perimeter road;
they have got it ramped so that it is a separate entrance for the residential, and separate for
retail.
o It could be considered overdone; there will be a lot of parking and accessibility with the
design.
Ms. Wordell:
o The development agreement vests the traffic mitigation for the vested elements so that the
theater, hotel, and the retail cannot require any additional traffic mitigation, even for those
background projects because in 1990 it was vested for those projects as well as any traffic
mitigation required at that time, which there wasn't any.
o There were no significant impacts identified at that time.
o Said if staff wanted to address traffic impacts from any of the developments, if would have to
be on their own if they wanted to change some of the signals or future projects not connected
with Vallco, if they contributed significantly to traffic.
Mr. Piasecki:
o As Mr. Goepfert stated, this is the first time this has shown up in this fashion and it is a good
red flag to now focus on the new counts; watching it carefully over the next few years to see if
it actually starts to materialize, and if so, take appropriate actions to ensure that Wolfe Road
continues to flow.
o If there is going to be any slowing it is probably going to be the side streets, not Wolfe; more
green will be allocated to the overall city traffic than will be to the internalized traffic
movement.
o It is doubtful that the numbers would actually materialize, because it is conservative.
Com. Giefer:
o Asked if the relocation of the bus stop shown on Sheet 6 was in addition to the current one on
Wolfe Road which is underneath the pedestrian bridge or is it a replacement for that?
Ms. Wordell:
o Illustrated where they would need to have a bus stop, and where currently the park and ride lot
and the bus stop were; and noted that it would be an addition.
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August 23, 2004
Chair Saadati:
o Relative to tree removal, said some were 16 inch and 22 inch diameter; asked if there were
specimen trees.
o Are they going to be completely removed or relocated; there is reference made to relocating
the trees.
o Regarding the fire access, the fire truck needs to get close to the building or is it reachable by
ladder?
o Said the diagram did not show all the trees.
Ms. Wordell:
o Some of the ash trees were specimen trees.
o Not proposing any relocation; the arborist is recommending a different type of tree be planted,
not the Ash trees.
o Said the fire department would use the ladder along Vallco Parkway which is why they want
short trees replanted in the area. They will access it through a corridor so that the outer row of
trees are alright because they can get to the units between the outer row of trees and the units
through the sidewalk area.
Com. Giefer:
o Asked if the fire department would be able to access the building if more of the street trees
were retained.
o Said she was concerned about the outside row on Wolfe Road; the arborist report shows the
outside row in tact. She wanted verification that just a few of the outside ones were gone.
Ms. Wordell:
o Il1ustrated which trees would be removed because of construction and the fire department's
recommendation; also illustrated the trees to be retained.
Mike Rohde, Vallco Fashion Park:
o Will discuss the conceptual plan for a Rose Bowl site and emphasized how essential the
housing element and mixed use Rose Bowl project is for the overall healthofthe mall.
o This residential mixed use project will help fund some of the other proposed improvements
such as a theater. The mixed use project is an important factor for Vallco to go to the next
level and be a successful center.
o The project is time sensitive; they have been working diligently with staff; there is a crucial
time element to make a September City Council meeting; are seeking the Planning
Commission's conceptual approval on what is presented this evening.
o The mall is going through a crucial growing period, and the theater as well as some of the
other improvements in store cannot happen unless there is a mixed use project on the table.
Many centers across the country have added housing components to their property.
Mr. Kirk Ellis, P & R Architects:
o Reviewed the goals of the project: A financial component relative to the success and
revitalization of Vall co Fashion Park.
o Wanted to bring life back to the city, creating something the city would feel represents what is
going on in the city, social activity, and also bring Vallco out to the street front and try to re-
engage the street front.
o It is seen as a unique opportunity, a unique block, which would be one sided to a certain
degree, as far as how it relates to its neighboring blocks. It would have neighbors to the south
and to the east and the block and building has been designed to be a four sided building.
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August 23, 2004
· Wolfe Road and VaIleo Parkway is a busy intersection, and as the mall has a desire to come
out and engage the street and bring people connecting rrom the street into the mall and back,
they wanted to have some sort of form and element that could really help to organize and
anchor the intersection.
· Said they want Cupertino to be a desirable place to live; the goal is to create a place people
will be proud to live in.
· Ground level plan: the concept was to try to nest residential and retail spaces around the
parking garage; tried to minimize the impact the parking garage would have on the streets and
the neighboring properties; bring a significant amount of retail back towards Vallco Fashion
Park so that there is an engagement of opportunity across the street and have an indoor and
outdoor experience.
· Attempted to address Vallco Parkway and Wolfe Roads because it is important, there is a
significant amount of vehicular traffic now and anticipation of a significant amount of
pedestrian traffic.
· The depth has been established as being a typical depth for acceptable leasable retail space; the
larger block could be subdivided. There is a large block available for interested tenants.
· Pleased that the city is willing to entertain having parallel parking along the street, it will help
the feeling of the street, to slow traffic; retailers will want to have parking in rront of their
doors.
· Felt that it was appropriate to maintain a sidewalk width of 12 feet, with the tree canopy which
would be a part of the landscaping plan, that would define a zone 12 feet up to 20 feet. At
certain points there is an opportunity to open it up, pull the facades back and have some
expansion contractual on the path along the sidewalk.
· The design approach was that it would be better to try to concentrate activities in certain areas,
rather than string apart activities.
· Wolfe Road because of the one-to-one setback and the activities happening and orientation
back to Vallco Fashion Park is a great opportunity to have a deep plaza with activities and
retailers that are programmed to help support activities.
· Reviewed the various entrances, outlets and levels of parking.
· Showed a variety of examples of courtyards throughout various developments and discussed
the elevations.
· Reviewed the concept of the development.
Com. Miller:
· Asked the architect to respond to the concern about the amount of glass in the residential area
on the elliptical section of the project.
Mr. Ellis:
· The design concept ¡¡-om the beginning has been something used to anchor the intersection at
the comer on the architectural side of things looking at the massing.
· It is seen as the opportunity to create something that was unique and different and follow a
pattern of celadon transparency which is marched around the building; with a distinctive
feature at the comer. If it was more solid, it would feel heavier, more overbearing aesthetically
and massing wise, which presently is a concern of the city.
· Provided an overview of the living space of the units.
Com. Miller:
· Expressed concern about the narrowness of the walkway along Vallco Parkway and the
recommendation that it be moved back another 8 feet.
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August 23, 2004
. Said he had a major concern with what happens to the intersection between Wolfe and Vallco
Parkway. If it is not done correctly, it could potentially be a nightmare in tenns of safety for
people walking across as well as a bottleneck for traffic.
o It does not appear to be completely addressed or addressed very well at this point.
Mr. Ellis:
o Said it was their intent to have a series of expansion and compression spaces; there would be
an impact if the building had to move back 20 feet off the street; there is an impact in the
footprint of the building and therefore in the residential up above.
o With 204 units allotted by the current General Plan, that is what they are designing to at this
point, and that is what works with the project. They feel that the orientation scheme will be
enlivening and will have activity pockets along the street.
o Parallel parking is going to discourage people from being at the curbline next to cars;
illustrated where there was a setback and opportunity to have enough space that people can see
off the curb.
o Said they did not have a traffic engineer who has worked on the project with it at this point to
comment on specifics relative to speed or distances.
Vice Chair Wong:
o Relative to Com. Miller's comment about traffic, there are three entrances and exits going out
from Val1co Parkway, a left turn would be difficult if it was a successful retail center.
o Would there be a traffic light, or right turn only.
o He said he saw the business being as successful as B.J.'s and Cyprus.
Mr. Ellis:
o Said they saw it as being successful, and agreed.
o It is a good point and it has been discussed previously, since it is signalized; it is shown as one
in, two out, the left turn is going to be through traffic. It is something they may need to
investigate with the city's traffic engineer or on their own to look at what the appropriate
solution is.
o Said it was their ideal opportunity to get the entry down to the main lower level parking.
Vice Chair Wong:
o Asked if the peak season, and holiday season were taken into consideration, or when the cars
pile up trying to make a left turn and they pile up inside; and also pedestrian traffic during the
holidays walking back and forth in the urban city life that is proposed.
o What are the mitigation factors?
Mr. Ellis:
o Initially it has been studied, but they do not have final counts or solutions. Mr. Rohde may be
able to respond.
o With that intersection, what the city initially asked for and they are proposing to do, is that
motorists would notice going over different paving surfaces to help delineate where pedestrian
surfaces are, and give as much priority visually as far as cues to pedestrians.
Vice Chair Wong:
o It will be very challenging if someone is trying to make a left turn, pedestrians don't yield to
the cars, it will be chaotic.
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August 23, 2004
Mr. Piasecki:
o If subsequent studies show that it doesn't work or doesn't work in the future, you would
simply have to close it off, make it a right turn in, right turn out, and if people wanted to head
westbound on Val1co Parkway, they would go to the next intersection and make a V-turn,
and/or go around what is currently Vallco Parkway to Finch to get onto Stevens Creek.
Mr. Rohde:
o Relative to Vice Chair Wong's question, he said that during peak times and holiday times, they
typically manage their own traffic on their 64 acre property. Their security staff is in charge of
maintaining traffic control on their property and they also enlist the help of the Sheriffs
Department and Code Enforcement.
o If it became a traffic issue on a Friday night or day after Thanksgiving, they would work with
the city of Cupertino and Code Enforcement, and create a right turn only or mitigate that
traffic to some degree.
o Said their people were qualified to relocate parking lots or direct parking and traffic in certain
areas.
Vice Chair Wong:
o Questioned the architect regarding the connectivity between the property and Menlo Equities.
o The service yard is going to look over the residential area; will there be trucks driving there;
what are the hours; and how is it going to affect both rental units and for-sale housing on
Menlo Equities?
Mr. Ellis:
o Referring to the second level plans, there is a clear view of the service driveway. It is
addressed for functional reasons and safety reasons; the service traffic cannot be coming and
trying to access backing into the building off Vallco Parkway or Wolfe Road.
o From the beginning they looked at having the service road be along the back side; it also helps
with the setbacks needed for code reasons.
o There will be service trucks on the back road as well as people who are either residents or
people coming out of the parking lot. In the staff report, time restrictions were mentioned for
operations for the service docks. It is something they would look into and be approachable to.
o Raising the grade to get up into the second level was an important step to having a successful
parking garage also; they proposed a thicker screen of landscaping trees to screen the exiting
cars and block the headlights.
Vice Chair Wong:
o Asked what the hours for the service vehicles and garbage trucks would be.
Ms. Wordell:
o The conditions of approval are hours of 7 a.m. to 7 p.m. weekdays and 8 a.m. to 6 p.m.
weekends and holidays; also the loading docks will be covered and closed when they come
back for their final design approval. When a truck pulls into unload, it would be fully
enclosed, motor shut off.
o The trucks could be seen coming and going, but would not be seen or heard once they pulled
into the loading docks.
o They should turn off their engines when they are parked there, and turn their radios off.
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August 23, 2004
Ms. Wordell:
· Said the Menlo Equities housing units were 20 feet from the property line.
· There are 60 feet in the parking structure area between the parking structure and their property
line, plus another 20 for Menlo Equities.
Vice Chair Wong:
· Said he assumed Menlo Equities and the applicant would have a disclosure statement
regarding the service area and to let the residents know about it.
· Asked how they would connect the Rose Bowl project with the Hewlett Packard property and
the Menlo Equities; would they be a condition of approval? Also, how can the residents walk
to the marketplace and there is also an elevation of grade levels concerns.
· How are people going to walk from Menlo Equities and the Toll Brothers project to the new
supermarket?
Mr. Ellis:
· Said there were opportunities to do that. Once again with a setback area and the opportunity
for landscape buffer and easement area, they have the opportunity to go ahead and have
something that is a good connection point.
· One of the goals is to have this become an exciting place that people want to live in; there are
going to be neighbors and they want to have that sense of connectivity.
· It is up to the city and the client to decide legally how that is done; from the design side, he
said they could accommodate those things.
· It is a design idea; there is nothing agreed upon with the approach, but with Menlo Equities,
the residential component in the area illustrated, it would be easy to get some connection point
that comes along the east edge of the Rose Bowl property.
· He illustrated where it would be a benefit and opportunity, but said it would be a challenge to
come back to the market.
Vice Chair Wong:
· Asked if there was a way that they would not have to walk around, but walk down the
staircase, because of a different grade level. He said he knew there was a service road, but
most people want to take a short cut, and walkability is encouraged.
Mr. Ellis:
· Said the opportunity is there design-wise; they would have to look at the staircases because
one is exit and one is going to be private for residents. If there were to be an agreement
between both properties of some way to address that, there are legal issues with how they
could accommodate that movement, vs. having more open air, accessible easement area that
might be provided outside.
Vice Chair Wong:
· Asked staff if the Planning Commission or City Council could make the applicant make it
more connectable since they were concerned about legality issues.
Ms. Wordell:
· In the next design phase one of the conditions is for them to come back with a proposal for a
better connection; if it is approved that way, that is what they will come back with.
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August 23, 2004
Com. Giefer:
o Looking at Valleo Parkway and cutting into the building at different areas, what is the average
depth of the sidewalk if you had to take the insets with the straight line of the 12 foot sidewalk
for the whole length of Vall co Parkway.
o In the rendering shown of the resident lobby where one would drive in, is there a drop off/pick
up space, once one enters that bridge goes under the glass feature by the tree; there is a green
striped 15 minutes parking.
Mr. Ellis:
o The average is 15 feet, excluding the open spot; already notching back to 14; average out to be
about 15.
o Reviewed the second floor plan; does not have floor space, but upper space of the retail
spaces. The area is visitor parking, a drop off area, a court with stamped concrete or pavers.
Mr. Rohde:
o They have their own security staff and part of their duties is to maintain truck traffic. They do
not allow trucks to park on Wolfe Road; there are two truck docks facing Wolfe Road.
o Typically have not had problems; the trucks are able to pool elsewhere and .if they end up
stopping, they are asked to move and given a reservation space to get them back.
o They are able to maintain their own property and this would be another area that the security
staff would help maintain.
Mr. Ellis:
o Referring to the elevations, the intent is to average 50 feet, there are some code reasons why
this works out to be best; it is not part of the development agreement; but once again to get the
appropriate side scale drama for that corner piece to help hold that intersection, you want to
push that it would be a different construction type at that point; the glass at the ellipse.
o It is the part that goes to 60 feet; not all of the roof lines will be 60 feet though, there will be a
vanance.
o Said the height of the retail component across Valleo Parkway was 41 feet tall to the highest
. point; there is a 20 foot difference looking from the Wolfe side.
Com. Chen:
o Are there entrances from the courtyard size for the residential units along the Wolfe side.
o Are there two rows of the residential development.
Mr. Ellis:
o Responded yes to Com. Chen's questions.
o Illustrated the Wolfe Road side, double loaded corridor, where the units face the courtyard and
those that face the street with one common secure circulation space in between. Roof height is
the same; there are structural reasons for that; aesthetically we want to have some variations
and elevations.
Com. Chen:
o Asked if consideration was given to reduce the height of the illustrated side to make it match
more of the other side and also reduce the units along the Wolfe side.
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August 23, 2004
Mr. Ellis:
· Relative to reducing the height along Wolfe Road, they did not consider that to be the direction
to go with the design; said they saw the block set apart by itself; an opportunity to have a
strong statement.
· Also have to get the right height as far as number of units residential and retail is actually
workable; fortunately there is tree screening which can be kept out a row, it will help to
balance out the appearance.
· Had a productive meeting with the fire department and onsite walk with the arborist, talking
about specific trees, what could and couldn't be done.
· Opening the intersection up for the ellipse gives a better visual access to this intersection; it is
going to be an active place.
· The connection back to Vallco; the outward appearance of Vall co, it will be unencumbered but
also it is going to be safety wise, pull the trees off for better visibility.
· The fire department talked about the need to have people come onto the plaza and be able to
get back off.
Com. Chen:
· Asked what the plan was for the new retail space at the opposite comer of the residential unit,
architecturally and use of the tenants.
Mr. Ellis:
· The concept was to have a more solid box that faced backwards to Penneys; it may have been
the old building and had been cut off and a glass rront put on it; the reason for the glass is to
have an exposure back across the drive, so people coming and going out of the cinema have a
connection of seeing people doing things, an activity sense. It is important, but also giving the
opportunity to have smaller icon and landmark as you are coming down Vallco rrom the east,
for another reference point.
· At this point; in this case we are showing a slightly higher element to get some hierarchy to get
to that mass; as far as tenant space, it could be either two story tenant, a book store, or two
tenants on individual floors.
Com. Chen:
· Asked staff how the change would change the total retail space allotted for this area; and how
is it going to change the total residential units.
· What about residential units?
Ms. Wordell:
· Vallco has 500,000+ square feet of retail space allowed as part of their development
agreement, this will take 136,000 square feet of that rrom their total; the cinema will also take
some, but they will still have some retail space left over; which they are planning to add on at
least at this point in the main mall as well as out toward Wolfe Road.
· The calculations have not been done for what the cinema will use because they are going to
have to take a deduction for the cinema that is in the development agreement; not certain if it
will be completely depleted or not.
· Vallco has its own allocation as does the retail for the area; there may be some left over for
others, like the Hewlett Packard site. The existing General Plan allows 120,000 square feet for
a power retailer so that could go anywhere.
· This General Plan would be used up with these units. There would not be any additional
residential development allowed in that area unless there was a General Plan change.
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August 23, 2004
· Tonight's approval of the 204 units would use up the housing allowance in the Val1co Park
area.
Mr. Piasecki:
· The allocation is coming from the Heart of the City allocation; there are other areas in the
community that allow some residential buildout, but this would use up all the allocation for
that particular area.
Chair Saadati:
· Relative to the Rose Bowl site plan, he asked if tree grates would be provided for the walkway
trees since the concrete grates extend the sidewalk visually; it may have a more positive
impact.
· When considering detail, it may be beneficial to look into it to see if it will address some of the
concern regarding the width, because there is not a landscape island across the entire length; it
is just three grates at certain spacing, which may provide more space for pedestrians to walk.
Mr. Ellis:
o Plans include landscaping along the street.
o When walking the site, the fire department saw benefit for their fire access in having better
spacing of trees than is currently there nOw. Tree spacing will be addressed.
Chair Saadati:
o Said that a major concern was the amount of glass used which would create a challenge for
privacy, as people from the outside could see in.
o Noise is one of the key concerns that needs to be added; regular glass won't work; need a
special glass.
Mr. Ellis:
o They will have an acoustician working to get the right technical side of how the glazing
system is looked at.
Mr. Piasecki:
o That is a point that staff is concerned with as well with the townhouse units next to the parking
garage, making sure they have a sound transmission class rating sufficient so that you don't
hear squealing tires, car engines and car alarms. That is going to be a challenge
Mr. Ellis:
o Described the building materials used; including natural stone, cultured stone, concrete block,
stucco, plastic finishes, and lime wash paint. The lower retail level will be concrete structure
and the upper residential levels will be wood, with some steel. The company has significant
experience in doing lifestyle retail centers and mixed use.
o Will be using a variety of plaster washes also so it is not all one type. The color palette
includes more colors than are illustrated.
Vice Chair Wong:
o Regarding housing units, what is the percentage of 'for sale' and 'for rent'?
o Asked staff what the noticing requirements were, as there were not many people present at the
meeting.
[2-q7
Planning Commission Minutes
19
August 23, 2004
· Want to make sure the community is aware of the project and after this is built, hope they have
a positive reaction.
Mr. Rohde:
· Relative to 'for sale' and 'for rent' units, said he was not sure, but they were investigating the
insurance ramifications; there will be some of both categories.
Ms. Wordell:
· Regarding the noticing, staff did a 1,000 foot radius notification and also e-mailed the General
Plan task force.
Vice Chair Wong:
· Relative to the development agreement, asked for verification that it did not include the 50 unit
condo and hotel. Asked if they were seeing the whole master plan now, or was it just
conceptual.
Ms. Wordell:
· Those projects are specifically excluded from this approval; residential uses are allowed and
vested in the development agreement, but they weren't specified as far as number of unit or
density.
· That is why they had to go to a use pennit for this project which is why this particular project
is not vested, even though residential uses are; specific project is not. If they want to do
additional residential, they would be able to, but they would have to get an allocation for that
and they would have to go through the use pennit process.
· They could have chosen to do it together, and asked for a General Plan amendment and wanted
to come with all the residential now, but they are not.
Vice Chair Wong:
· Questioned whether the 1,000 square foot noticing was the perimeter for the Vallco property
or the Rose Bowl; if using the Rose Bowl project, there are not many single family homes
around it, vs. on the other side of Vall co, there are more single family homes around the Portal
neighborhood.
Ms. Wordell:
· Said it was the Rose Bowl project and Wolfe retail.
Com. Miller:
· It suggests that very few people received notice of the project. For subsequent meetings, it
should be expanded in some way because it is not likely there will be many residents 1,000
feet trom the Rose Bowl. Staff can address the issue.
· Asked for clarification when staff earlier made the comment that the 204 units used up the
allocation; where does the 50 stand, do they need a General Plan amendment to come back for
the other 50, or is that included in what was said to be used up the allocation?
Ms. Wordell:
· It is not included and they would have to get a General Plan amendment, or if it were far
enough in the future, perhaps the regular General Plan process would allocate and they could
just draw on that.
Chair Saadat¡ opened the meeting for public comment.
IL-f~
Planning Commission Mmutes
20
August 23, 2004
Dennis Whitaker, Cupertino resident:
· Said that relative to the transportation betterment with the Valley transit bus system, it seems
they are adding 205 units, 204 units someplace else, a hotel and hopefully a successful theater
operation, Vallco Fashion Park. He was hopeful that the buses will be off Wolfe and Stevens
Creek to pick up and deliver people and drop them off. Asked staff to respond.
· Concerned about Wolfe Road being a main primary artery; there are Foothill, DeAnza,
Lawrence Expressway and Wolfe Road; Wolfe Road not only takes care of Cupertino, but also
takes care of West San Jose, Saratoga people; it goes straight down to Fair Oaks, so there is a
straight artery going tluough.
· Said he hoped they were not planning decreasing Wolfe Road into two lanes instead of tluee
lanes.
· Concerned about the residential units on how they are broken down in number of bedroom
units; someone said that the high school district says there is no problem, but when adding up
each thing, Cupertino High is already impacted and they will definitely be impacted in 2004
and 2005.
· Said he hoped that they would not allow trucks to make deliveries on Wolfe Road.
· Urged the Planning Commission and City Council to ensure that the incident with the Verona
Apartments where 16 families who were on the BMR list lost their chance for affordable
housing did not occur again.
· Expressed concern about one unit which did not appear to have any light to it.
Mr. Ellis:
· llIustrated that it was typical in hotel design; using the inner comer for utility spaces for
circulation; the way it is laid out is a one bedroom unit, facing out onto the courtyard; has an
opportunity for a second window; utility storage in this case, and mechanical shaft.
Mr. Piasecki:
· Relative to Mr. Whitaker's concern about Wolfe Road, there is no change with this project to
Wolfe Road, the lane configuration on Vallco Parkway is proposed to go from 6 lanes down to
4 lanes to accommodate onstreet parking; there is no change to Wolfe.
· As indicated earlier, if there is a problem with level of service, Wolfe Road will be the priority
focused on.
Vice Chair Woug:
· Reiterated that Vallco Parkway is currently 6 lanes and potentially may be reduced to 4 lanes
and have parking on both sides; will it accommodate for the future development on Hewlett
Packard property.
· Asked the reason Vallco Parkway was 6 lanes originally.
· Said it would be good to have something similar to the Santana Row pedestrian friendly
middle mall.
Mr. Piasecki:
· Traffic engineer feels that there will be no problems with reducing Vallco Parkway to 4 lanes.
· In the past, there was an 18 story Marriott Hotel approved on the present Hewlett Packard
property; there were big plans for the area.
· This could be the beginning of that; I don't know if it will come to fruition, but the Hewlett
Packard lands could be tied in some fashion; they are proposing a residential component along
Vallco Parkway, not the intensity of Santana Row, but a pedestrian oriented walkway area.
(2.-[6/
Planning Commission Minutes
21
August 23, 2004
Jennifer Griffin, Calvert Drive:
· Has lived in Cupertino for 20 years; shopped at Valleo for 30 years.
· One of the hallmarks of the Vallco property all the way down to Homestead at Sunnyvale at
the Hewlett Packard properties, is the double row line of small Ash trees.
· The Ash trees along Wolfe and Valleo Parkway have been maintained by Cupertino for the
last 30 years and they cannot be in such bad condition, considering people have been proud of
the trees, they are mature specimens.
· Said she would be upset if the trees were removed !Tom Wolfe Road and along Valleo
Parkway.
· The Toll Brothers property does intend to keep the double row of trees along Tantau, Stevens
Creek and Vallco Parkway.
· Also concerned with the pedestrian safety along Wolfe Road and Valleo Parkway; it takes a
long time to get across the road.
· Asked the Planning Commission to consider maintaining the trees as they are a hallmark for
the area and a source of pride of the neighborhood.
Jody Hansen, Silverado Avenue:
· Was not present but asked that her written comment be entered into the record.
· Supported the residential mixed use component in concept.
Chair Saadati closed the public comment portion of the meeting.
Vice Chair Wong:
· Supports the project.
· Believes that the vertical integration mixed use smart growth project is what Cupertino needs;
and the applicant put a lot of articulation and design into the building.
· Also support staff S recommendation to bring back the design to address.
· Believe that the mixed use project is the right location.
· Want to see the applicant tie more connectivity regarding the Menlo Equities and the Hewlett
Packard property in the future.
. . Concerned regarding the traffic mitigation of the LOS of D and F on Wolfe and Valleo
Parkway; staff needs to look more into it.
· Will not hold up the project, but have reservations in the reduction oflanes on Valleo Parkway
and putting parking on the street.
· City Council is going to have a special meeting regarding noticing; and it is important to work
together with staff to find a better way to notice the community, so that we can all support this
project and let them know what a wonderful project and addition this will be; because we need
more retail and more affordable housing.
· Am open to making this more rental community vs. for sale; support rental units because
recently we have been approving a lot of for sale units and rental units will be easier for the
applicant to control some of the noise and other mitigating factors that go into a mixed use
project.
· Concurred with Com. Giefer's comment about the sidewalk being 15 feet, supports the
concept suggested, and also some safety features Mr. Rohde brought up regarding ingress and
egress ofthe parking. He said the Chamber of Commerce supports the project as well.
( 2-fðl
Planning Commission Minutes
22
August 23, 2004
Ms. Wordell:
o Clarified that the use permit resolution reads that they would be 'for rent' condominiums, and
similar to Verona would allow them to rent them or sell them as they wished.
o Said she was unsure if there were other opportunities for addressing the BMR issues regarding
people losing their BMR units as a result, and noted that is the way it is presently set up.
o In response to Vice Chair Wong's request, she explained the Verona situation and how the
residents lost their BMR status. She said the development started out all 'for rent' units and the
owner decided to take advantage of the fact that they were also mapped for condos; therefore
the higher units were changed to 'for sale', so they must have had some below market 'for
rent' units in the 'for sale' project, that the renters could no longer stay in.
o Said that the entitlements allow them to go to 'for sale' without going through any other city
reVIew.
Mr. Piasecki:
o Said what they are finding, is that for financial reasons, the banks are insisting upon mapping
of these projects so that the property owner has the flexibility to respond to market conditions;
they don't want to hold a lot of rental units, as well as the applicant's.
o From the applicant's perspective there are liability issues associated with 'for rent' and 'for
sale' so in essence there is not a lot of discretion on staffs part to direct that it go one way or
the other without upsetting the entire apple cart.
o If there is a desire for more 'for rent' projects, it should be specified in areas where it can be a
stand alone; in cases like this it probably will be market driven.
Vice Chair Wong:
o Said he agreed that it should be given flexibility; but wanted to prevent a situation like Verona
in the future.
Mr. Piasecki:
o Staff will look into it; there are ways to do that or allow longer periods of time; make sure the
residents, should they become disrupted have an opportunity for first right of refusal for
subsequent units that are available; given rights to actually purchase the affordable units
because once they go from rental to ownership, there are still BMR units, they just have to be
ownership units, so we may give priority to the initial tenants; they have to qualifY.
o Staff will provide more information on the issue.
Vice Chair Wong:
o Suggestion is to give it to the Housing Commission, and have them suggest some mitigating
factors for 'for rent' units, and the owners have the right to have it 'for sale' and have some
mitigating factors.
Com. Giefer:
o Supports mixed use.
o Have some concerns regarding the space and townhouse courtyards; regardless of what
glazing you use; in the two bedroom townhouse units, you are going to have the master
bedroom away from the garage; most likely going to have a child's bedroom near the garage,
and that child will most likely be disturbed when the car alarms and the parking structures are
going off in the middle of the night regardless of what grade of glazing materials used.
o Suggested that one row oftownhomes be eliminated or some of the other condos be eliminated
to make them into townhomes. Said she felt the 30 foot distance between the townhomes and
(Z-fDJ
Planning Commission Minutes
23
August 23, 2004
the parking structure is not enough for both air circulation for noise, and in general could not
imagine having a view out the kitchen window to a parking garage.
· Agree with staff; the distance, the screening, somehow needs to be enclosed, but it does not
provide the home view that Cupertino residents want to enjoy as part of the community.
· Expressed concern about what was presented on the eastern elevation; it looks unfinished and
industrial. If we continue to develop in that area with more housing, again, I appreciate the
fact that you did design all four sides of it, but that one side needs more work. I would like to
see it plussed up more with landscaping, I can see you took our feedback from the study
session to heart with regards to more screening on the parking structure which faces Menlo
Equities and I appreciate your efforts there, and know it can be done. .
· Regarding move in/move out, would like the residents to have access to the loading docks,
which sounds like it is not going to be an issue for the residents; might want to consider
moving the freight elevator into that area; that is at your discretion.
· Also support retention of as many trees as possible; having walked the site, agree with arborist
that many of the trees are in poor condition; I would like to see a condition added to the
approval that Vallco who is responsible for maintaining those Ash trees on Wolfe Road, have
a care program in place to rehabilitate the retained Ash trees as well as continually maintain
the trees along Vallco Parkway. Some trees are in poor shape but could survive if they were
appropriately cared for and maintained.
· Another point, promoting walkability, not just pedestrian walkability, but bicycle access as
well; not only pedestrian connection to the Menlo Equities project, but bicycle access, either
routing it on to Wolfe Road or routing it directly along the access point to Vallco Parkway;
both are acceptable solutions.
· Suggested bike lockers in the residential parking area; staff can come up with the correct
amount.
· Concerned about the entry point walking from the hallway into the kitchen. With the final
architectural plans, want to see something that is a greater separation from the entry way and
the kitchen to provide a feeling of closure in space.
· Requested samples of appropriate size of all materials to envision what the application of the
materials will be on the finished units as they are approved.
· Supports the project, but feels there is more work to be done before the design is finalized.
Com. Chen:
· Said it was a good design and she liked the mixed use concept.
· Expressed concern about the use permit, total number of residential units and also the retail
space; although not opposed to any of them, wants a comprehensive analysis of the whole area
of the total housing units, the use of retail space, and connectivity to all the large sites.
· School impacts are also a concern.
· Said it was a unique opportunity for Cupertino to look at the 27 acres of development for the
Hewlett Packard site and also this is a 7.5 acre or 9+ acres of development.
· Said she would support most of tonight's recommendation with the exception of the use permit
and architectural and site approval.
Com. Miller:
· Supports the project in general; seeing it at the conceptual stage at this point and expecting to
see a number of refinements in the future.
· Said he understood that it is important to put residential units in here both for the project and
being a housing advocate, believe they are important for Cupertino. However, want to ensure
they are not stuffing in units wherever possible, and agree with Com. Giefer that there may be
/2-(DY
Planning Commission Minutes
24
August 23, 2004
some issues relative to the townhouse units in tenns of the noise and the negative impact of the
views out onto the parking structure.
o At the comer of Vallco Parkway and Wolfe, the idea of the glass is a dramatic look, but we
need to make sure it doesn't impact the residents, or it is done in such a way that there is some
mitigation there.
· Also concerned about how the treatment of the intersection is going to go and whether in fact
that is going to be a major impediment to traffic moving north and south. If it is, how is traffic
going to be routed, or how will they deal with traffic that is moving through Cupertino from
one direction to another. Also how does that traffic interface with pedestrians trying to cross
the intersection.
o Am comfortable with the sidewalks on Vallco Parkway after the applicant explained. As Vice
Chair Wong discussed, it is important that we explain the links in more detail and suggest that
we include that in our approval, that we ask the applicant to put more time and effort into how
those links are going to work.
o Address the noticing issue for the City Council meeting if that is not too late to do, so that we
make sure we get far more noticing than we did for this hearing.
o In terms of 'for rent' or 'for sale' it is important to allow the market to dictate this; presently
there are a lot of vacancies in the rental market; the applicant should have the flexibility to do
either/or based on market conditions.
Chair Saadati:
o Supports the concept plan; with still a lot to go; about 20% to 30% of the work done; a lot of
tweaking needed, elevation changes.
o Regarding traffic, looking forward to seeing the congestion mitigation management in October
to see how the overall traffic is going to look.
· Said he liked the idea of parking on Vallco Parkway as it would make the pedestrians feel
more comfortable walking along the walkway, and the stores prefer the cars parked in front
rather than having cars speeding by.
o Connectivity to adjacent development: Would like to take a look at that to ensure there is a
connection; and need to look at how all of these developments will affect the whole area. In
favor of mixed use, it is done in adjacent cities.
o Regarding the trees, it would be beneficial to all parties to have an overall picture of what the
final outcome is going to be, considering the pros and cons.
o Eastern elevation needs tweaking.
o Supports many of colleagues' comments.
Com. Giefer:
o Supports staff's opinion of widening the sidewalk setback on Vallco Parkway; would like to
see it expanded to approximately 20 feet.
· Said she likes the articulation done on the street side but would like them to be broader
because other areas such as Santana Row or other parts of San Jose where they didn't have
on street café dining, are always cramped and Cupertino could do a better job.
o Would like to see the setback increased as well in that area.
o Add a condition that all of the mechanical apparatus on the roof air conditioning, HV AC be
covered and not visual to the residents who are on the higher floors.
Ms. Wordell:
o Noted that Com. Giefer's last comment was Condition IS.
12 -(D)
Planning Commission Minutes
25
August 23, 2004
Motion:
Motion:
Motion:
Motion by Vice Chair Wong, second by Com. Miller, to approve
Application EA-2004-11 (Vote: 5-0-0)
Motion by Vice Chair Wong, second by Com. Miller, to approve
Application Z-2004-01 (Vote: 5-0-0)
Motion by Vice Chair Wong, second by Com. Miller, to approve Application
U-2004-10 with the following conditions: staff to look into the traffic
mitigation; connectivity with other developments such as Menlo Equities and
Hewlett Packard project; the applicant shall prepare a tree care program for
retained trees as well as new landscaped trees; also look at the circulation
plan especially the moving vans for apartments and how that circulation will
go; management suggested they will also look at the peak hours of the
shopping of the retail that goes in the circulation plan; also condition to
improve the east elevation looking at Menlo Equities, and also want more
details regarding the ellipse at Wolfe Road and Valleo Parkway;
(Vote: 5-0-0)
Vice Chair Wong:
· Supports the applicant regarding the 12 feet, there are some ins and outs, averaging about 14
feet; her explanation about architect was well taken.
Ms. Wordell:
· Clarified that the trees that will be saved will be the outer row of Ash trees along the Rose
Bowl site; the inner row of Ash trees will be removed on the Rose Bowl site along Wolfe
Road; both rows of Ash trees along Vallco Parkway will be removed and both rows of Ash
trees and those in the construction footprint on the Wolfe retail site will be removed. The only
trees remaining will be the Wolfe Road outer row of Ash trees.
· Noted that some of the conditions in the motion were already conditions; move in/move out
plan is new; a tree care program is new; the idea of more specific information about how the
intersection is going to work is already included.
Vice Chair Wong:
· Want to see a plan for peak hour traffic during the retail Christmas and holiday seasons; what
kind of plan they would have to control or mitigate the traffic for retail; and coming in/coming
out for the housing.
· Asked how traffic mitigation would be addressed if it was already in the staff report.
Ms. Wordell:
· There is no traffic mitigation proposed; before it goes to City Council staff will take a closer
look at the assumptions and methods of the background conditions as to why it showed the
background conditions going to those lower levels; but the project does not need any traffic
mitigation.
· Staff does not support having Wolfe and Vallco Parkway stop with all the pedestrians walking.
Mr. Piasecki:
· Public Warks spoke to that as lowering level of service even further and causing a lot of
confusion in the particular setting.
/ 2 ~(ó&
Planning Commission Minutes
26
August 23, 2004
Ms. Wordell:
· There is a condition that calls for the ellipse to be handled differently, which would be to pull
back the residential use and look at the idea of some sort of an atrium or some way of allowing
the edge of it to be lit and exposed and not subject to people pulling shades.
· If you don't want to do that you would need to change it and you might say to have them bring
back how that edge will be treated; the architect talked about being able to handle it with
special shades or something similar; that needs to be addressed.
· You will need to change it if you don't want the specific suggestion there now.
· She read the text regarding 'ellipse feature' from the staff report. (Page 3 of the resolution for
the use permit, Condition 7, 11th bullet, Page 5-13 of the staff report.)
Vice Chair Wong:
· Asked if staff was suggesting it be a commercial center?
Mr. Piasecki:
· There are two options; you could either incorporate it into commercial on the ground floor
similar to what Borders does with the upper levels; alternatively it can be opened up to a big
clear space and atrium with a grand appearance. It is a good architectural element, but not
appropriate for residential.
· The two options are: (1) Leave the wording as is, which the applicant may not like, or modify
it to say that they have to come back and demonstrate how the ellipse will work, which is a
softer version. (2) Eliminate it; in which case you would be buying the applicant's concept of
using it residentially.
Vice Chair Wong:
· Said he would allow the flexibility for the applicant to prove that is why it is for residential,
but was open to colleagues' comments.
Com. Miller:
· Said he had some concerns about the residential use, but was open to allowing the applicant to
come back and address those issues appropriately.
Chair Saadati:
· Said if it was overlooking an ocean or a forest, it would be different, but it is looking down on
two lane traffic and his own personal opinion would be that he would not want to live there.
Com. Miller:
· It is in the applicant's best interest to do that, because if he designs something that nobody
wants to live in, no one's purposes have been served.
Second: Com. Miller
Com. Miller:
· Asked if they were asking the applicant to take another look at the intersection of Vallco
Parkway and Wolfe Road?
Ms. Wordell:
· That will be at the next stage; but he is not getting off at doing that at a later stage.
r:L -I D 7
Planning Commission Minutes
27
August 23, 2004
Com. Giefer:
· For clarification prior to voting, a few of us made comments with regards to the space between
the townhomes and the wall in front of them; is that something that should have been a
condition of this, do we want to see a change there.
Ms. Wordell:
· Said that it is covered in one of the architectural and site design bullets: "auto circulation
adjacent to townhouses, demonstrate an attractive interface between parking structure and
residences."
Com. Giefer:
· With the vague language, that should be enough to address that or reduce units if necessary to
address that.
Ms. Wordell:
· If the applicant came back with something that was not deemed sufficient, they would have to
come back with something more radical.
Vote: (4-1-0; Com. Chen voted No)
Motion:
Motion by Vice Chair Wong, second by Com. Miller, to approve Application
ASA-2004-14, change conditions accordingly to match what was done with
the nse permit, where they need to be_ Vote: (4-1-0; Com. Chen voted No)
Motion:
Motion by Vice Chair Wong, second by Com. Miller, to approve Application
M-2004-06 (4-1-0; Com. Chen voted No)
Vice Chair Wong:
· Commented that he knew the applicant doesn't have to do any traffic mitigation because they
are in this redevelopment project; but said he hoped he would take into consideration the
concerns ofthe Planning Commission regarding traffic mitigation efforts.
· Said it was a compromise, as he did not support having parking on Vallco Parkway, but
overall the project was very good.
OLD BUSINESS: None
NEW BUSINESS: None
NG COMMISSION:
Environmental Rev' w Committee:
· Com Chen re rted no meetings have been held.
Honsin Co Isslon:
· Com. 'efer reported that the August meeting was cancelled.
Ma or' Monthl Meetin With Commissioners:
Vic Chair Wong reported:
Many commissions cancelled the meetings except for the Planning Commission.
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General Plan designation
PROJECT SUMMARY ITEM EXISTING PROPOSED
Gross site area 325.496 sJ. same
(7.47ac.)
Net site area 255.395 s.l. same
(5.86 ac.)
Building area 0 381.540 s.l.
Floor area ratio nla 1.49
nla S + lower level
Number of stories parking
Height nla 60'
Building pad elevation 174.0' 180.0'
Curb elevation 179.5' 179.5'
Number of employees projected nla 50
Number of seats nla 100
Parking 657 stalls 1398 stalls
Hours of operation nla 7am-11pm
Existing use Parking nla
Proposed use nla Mixed-use
retail
Zoning designation P (CG. ML, O. P (CG, ML, 0,
Hotel) Hotel) with
special use
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residential
General Plan designation Office, Office,
Industrial, Industrial,
Commercial, Commercial,
Residential Residential
Paving area 212,610 s.t. 46,905 s.l.
Landscape 42.185 s.l.
Ground level 24,780 s.l.
Third floor courtyards 29.860 s.l.
Residential nla 204 total DU
1 BR 33
2BR 121
3 BR 33
4 BR 2
Townhouse (3 BR) 15
Shared garden courtyard area nla 29.860 s.l.
Shared east pergola deck area nla 2,000 s.l.
Common usable area 31.860 s.t.
(H.O.T.C. requires 150 s.l.IOU = 30,600 s.l.)
Private outdoor space (balconies & terraces) 13,590 s.l.
(H.O.T.C. requires 60 s.l.IOU = 12,240 s.l.)
Common recreation area nla 3,800 s.l.
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4 ROUGH STONE VENEER 8 WOOO BRISE-SOLEIUSHUTTER 12 PRE-FINISHED METAL PANEL 16 SPANDREL GLASS 20 TENANT SIGNAGE 24
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18 METAL CANOPY
19 BLAOE SIGNAGE
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13 DECORATIVE METAL FASCIA
14 EXTERIOR LIGHT FIXTURE
15 WOOD CASED WINDOWS
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17
www.pran::hitects_com æ-28816 Date:oa-jl-04
17 CLEAR GLASS
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19 BLADE SIGNAGE
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23
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ROSE BOWL SOUTH ELEVATION
SHEET
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www.prarchitects.com
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-
-
MATERIAL LEGEND -
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2 LIME WASH FINISH EXTERIOR PLASTER 6 BRICK VENEER 10 STOREFRONT SYSTEM 14 EXTERIOR LIGHT FIXTURE 16 METAL CANOPY
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4 ROUGH STONE VENEER B WOOO BRISE-SOLEIUSHUTTER 12 PRE-FINISHEO METAL PANEL 16 SPANDREL GLASS 20 TENANT SIGNAGE
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7 CLEAR GLASS
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19 BLAOE SIGNAGE
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Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
CUPEIQ1NO
Community Development Deparhnent
SUMMARY
Agenda Item No.D
Agenda Date October 4, 2004
SUMMARY:
Approve a modification to Use Permit (U-2003-04) and Tentative Map (TM-2003-02) to
construct a 107-unit condominium project and 6,400 square feet of new retail space.
RECOMMENDATIONS:
The Planning Commission recommends:
1. Approval of Modification M-2004-07, in accordance with Planning Commission
resolution no. 6274.
BACKGROUND:
The applicant received approval frorn the City Council on December 15, 2003 for a
mixed-use project consisting of 107 units and 6,400 square feet of retail space. The
approval did not specifically approve the project as a condominium project, and this
application is meant to correct this.
The Subdivision Map Act does not require the applicant to provide the detailed layout
of the condominium units. It is sufficient to state on the tentative map that the project is
a condominium project.
DISCUSSION:
Planning Commission:
On September 27, 2004, the Planning Commission reviewed this request and approved
based on Resolution No. 6274. Commissioners were interested in requiring the
applicant to provide pedestrian easements with neighboring properties to the north and
east. Staff informed them that the original approval included a condition requiring this,
and that past condition remains in effect.
Public:
Nobody from the public spoke on this item.
Environmental:
Since the proposed change will have no additional environmental irnpacts, the original
environmental action frorn 2003 will cover this modification. No action is needed on
EA-2003-09.
Printed on Recycled Paper
15-{
M-2004-07, EA-2003-09
October 4, 2004
Page 2
Enclosures:
Planning Commission Resolution Nos. 6274
Planning Commission Staff Report dated 09/27/04
Initial Study (informational oilly)
Negative Declaration (informational oilly)
Plan Set
Prepared by: Peter Gilli, Senior Planner
Submitted by:
Approved by:
df-~ ~~'IÛAJ
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David W. Knapp
City Manager
Steve Piasecki
Director of Community Developrnent
(J-J..
M-2004-07
CI1Y OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6274
OF THE PLANNING COMMISSION OF THE CI1Y OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT AND
TENT A TIVE MAP TO ALLOW A PREVIOUSLY APPROVED MIXED USE PROJECT TO
BE A CONDOMINIUM PROJECT.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
M-2004-07 (EA-2003-09)
Jane Vaughan (Menlo Equities)
10050 N. Wolfe Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Modification of a Use Permit and Tentative Map, 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 met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
General Plan and the purpose of this title;
3. The proposed condominium subdivision is consistent with the General Plan and
the Heart of the City Specific Plan.
4. The site is physically suitable for the condominium subdivision at the proposed
density.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of rnaps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. M-2004-07 is hereby approved; and
{J.-J
Resolution No. 6274
Page 2
M-2004-07
September 27, 2004
That the subconc1usions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application M-2004-07, as set forth in the Minutes of the Planning Commission Meeting
of September 27, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED AMENDMENT
The project shall be subject to the conditions of approval in this resolution and in the
City Council action letter dated December 17, 2003 for 2-2003-02, TM-2003-02, U-
2003-04, EXC-2003-06 and EA-2003-09.
2. APPROVED EXHIBITS
Approval is based on the plan set entitled "Tentative Map" by Dahlin Group, except
as may be arnended by the conditions contained in this approval.
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 rnay 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 cornplying with all of the requirernents
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27th day of Septernber 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
/s/ Steve Piasecki
Steve Piasecki
Director of Community Development
G: \ Planning \ PDREPOR T\ RES \ M-2004-07 res.doc
/s/ TaghiSaadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: M-2004-07, EA-2003-09
Applicant: Jane Vaughan (Menlo Equities)
Location: 10050 N. Wolfe Road
Agenda Date: September 27, 2004
Application Summary:
Modification of a Use Permit (U-2003-04) and Tentative Map (TM-2003-02) to construct
a 107-unit condominium project and 6,400 square feet of new retail space.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of:
1. The Use Permit and Tentative Map Modification, file nurnber M-2004-07, in
accordance with the model resolution;
BACKGROUND:
The applicant received approval frorn the City Council on December 15, 2003 for a
mixed-use project consisting of 107 units and 6,400 square feet of retail space. The
intention was for the residential units to be condominiums, as cited in the attached
minutes. However, the Use Perrnit and Tentative Map did not specifically approve the
project as a condominium project. The intent of this application is to explicitly allow the
condominium subdivision.
DISCUSSION:
This application does not raise any new issues that were not reviewed with the original
Use Permit and Tentative Map.
Submitted by: Peter Gilli, Senior Planner Pê.bc c:::::> .
Approved by: Steve Piasecki, Director of Community Developmen~
Enclosures:
Model Resolution
Tentative Map Exhibit
City Council Minutes from December 15, 2003
{J-5
M-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 A MODIFICATION TO A USE PERMIT AND
TENT A TIVE MAP TO ALLOW A PREVIOUSLY APPROVED MIXED USE PROJECT TO
BE A CONDOMINIUM PROJECT.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
M-2004-07
Jane Vaughan (Menlo Equities)
10050 N. Wolfe Road
SECTION II: FINDINGS
WHEREAS, the Planning Comrnission of the City of Cupertino received an application
for a Modification of a Use Perrnit and Tentative Map, 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 met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
General Plan and the purpose of this title;
3. The proposed condominium subdivision is consistent with the General Plan and
the Heart of the City Specific Plan.
4. The site is physically suitable for the condominium subdivision at the proposed
density.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. M-2004-07 is hereby approved; and
17-~
Model Resolution
Page 2
M-2004-07
September 27, 2004
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application M-2004-07, as set forth in the Minutes of the Planning Commission Meeting
of Septernber 27, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED AMENDMENT
The project shall be subject to the conditions of approval in this resolution and in the
the City Council action letter dated December 17, 2003 for 2-2003-02, TM-2003-02, D-
2003-04, EXC-2003-06 and EA-2003-09.
2. APPROVED EXHIBITS
Approval is based on the plan set entitled "Tentative Map" by Dahlin Group, except
as may be amended by the conditions contained in this approval.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirernents, 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 requirernents
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27th day of September 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:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
A TrEST:
APPROVED:
Steve Piasecki
Director of Community Development
Taghi Saadati, Chairperson
Cupertino Planning Commission
IJ-7
December 15, 2003
Cupertino City Council
Page 12
across the street at the Glenbrook Apmiments. He said that he has passion for the Oaks
and doesn't want to see it turned into housing, but all the businesses there say they need
this proj ect and he will support them.
'.
Wang said that her main concern was giving up the potential for future business once the
economy improves, and perhaps the owners might want to try again to revitalize the
center.
Lowenthal/Sm1doval moved and seconded to approve the application. The motion failed
by the following vote: Ayes: Lowenthal and Sandoval. Noes: Kwok and Wang. Abstain:
James.
22. Consider Application Nos. Z-2003-02, TM-2003-02, U-2003-04, EXC-2003-06, and EA-
2003-09, Jane Vaughan! Menlo Equities, 10050 & 10080 N. Wolfe Road, APN No. 316-
20-084. (This item was continued from November 17):
A. Adopt a Negative Declaration
B. Approve a Tentative Map to subdivide a 7.74 acre parcel into two parcels: 4.47
and 3.2 acres, respectively
C. Approve a Use Permit to construct a 107-unit condominium project and 6,450
square feet of new retail space
D. Approve an exception to the Heart of the City Plan to exceed heights above 36
feet
E. Rezone a 7.74 acre parcel from P(CG,O,ML,HOTEL) to P(Planned Development)
F. Conduct the first reading of Ordinance No. 1929: "An Ordinance of the City
Council of the City of Cupertino Rezoning a 7.74-Acre Parcel From P(CG, 0,
ML, Hotel) or Planned Development With General Commercial, Office, Light
Industrial and Hotel Uses to P(Com, Off, Res) or Planned Development with
Commercial, Office and Residential Uses."
Community Development Director Steve Piasecki reviewed a PowerPoint slide show that
illustrated the site plans. Senior Planner Aarti Shrivastava highlighted the Council's
comments from the August 4 study session, and explained some of modifications the
developer has made to meet those concerns. She continued with the slides which
illustrated the elevations, landscaping plan, areas of open space, photographs of the
existing Ash trees, statistics regarding traffic and parking, affordable housing, and fiscal
impacts. She explained that there would be no substantial change in the intersection's
level of service, and no intersections would be reduced below a level of service D. She
said that the schools were notified, and both Cupertino Union School District and
Fremont Union School District expected no significant impacts.
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December 15, 2003
Cupertino City Council
Page 13
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Jane Vaughn, representing the applicant, said that Menlo Equities owns the property, and
when the residential units are sold they will still own the retail. She distributed copies of
a PowerPoint presentation titled "Cupertino Courtyards", and highlighted some of the
slides. She said that housing is needed, and it will replace a seldom-used parking lot. She
said that the housing will be affordable by Cupertino standards, ranging from the low
$400,000 to high $500,000, and the below-market-rate units will range from $194,00 for
a one-bedroom loft to $304,000 for a 3-bedroúll1 unit. She said that the retail uses will
help to activate Stevens Creek Boulevard, and the project is consistent with the General
Plan
Jim Yee, the project architect, continued with the PowerPoint presentation that included
photographs of the existing buildings and immediate area. He said the project would
maintain the existing 103,000 sq. ft. of office use and add 6,400 sq. ft. of retail and 107
units of for-sale housing. He discussed the amenities available for both residents and the
community, and pointed out the pedestrian walkways and four courtyards, one of which
is designed for children. He also showed a virtual view driving by the project.
Robert Levy said he did not think there was enough open space, since he anticipated there
would be children in at least half of the units. He also thought there might be a problem
with too many people wanting to use the pool. He suggested that the developer work a
deal with the owner of neighboring properties to buy another acre, and then provide a
larger open space area. He also asked if there was sufficient access for fire engines to
reach the 3-story units.
Dennis Whitaker, 20622 Cheryl Drive, spoke in favor of the project. He thought it's in a
good location and the local high school won't be significantly impacted. He also liked
that there would be a variety of housing sizes, but felt the project should be made still
slllaller, preferably reduced to 80 units. He was opposed to Stevens Creek Boulevard
becoming lined with businesses and house, and asked that the Council keep the current
character of the city.
Joatme Tong, McClellan Road, was concerned about the height exceptions for the two
towers, and said each time the City allows an exception to heart of city it sends a message
to developers to keep requesting it. She said that no development should proceed until the
new General Plan amendment has been approved.
Homer Tong, McClellan Road, said he was particularly concerned about impacts on the
schools, and the figures seem to be inaccurate. He asked if the number of housing units is
driven by the ABAG housing requirements.
Jane Bonham said the Heart of the City Specific Plan specifically allows the type of
exception requested, and it is only for two locations internal to the complex, in which the
elevators will be installed.
Councilmember Sandoval said she was in favor ofthe proj ect. She said an empty parking
lot does not add value, at1d workforce housing is desperately needed. The plan's
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December 15, 2003
Cupertino City COE:tciI
Page 14
walkability was good, and it will create a nice entrance to Vallco and HP. She said this f
project would bring a lot of benefits to the community. Sandoval suggested that the city
explore options for the park fees in order to bring open space amenities to the Rancho
Rinconada area.
Council member Kwok said this is a good infill project, although he would have prefelTed
fewer units and more park space. He did not object to the height exception since it was
only to accommodate the elevators.
Richard Lowenthal said there is a recurring theme of lack of park sites on the east side of
the city, and that the Council should consider at another time how to get those started. He
said he liked this integration of retail, office and housing.
Kris Wang said she felt the number of prospective students seemed too low. She said she
would prefer to keep as many trees and as much open space as possible. She said her
preference would be to save the park money and utilize it elsewhere to acquire a larger
space.
Sandoval/James moved and seconded to adopt a Negative Declaration. Vote: Ayes:
James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
Sandoval/Lowenthal moved and seconded to approve the Tentative Map. Vote: Ayes:
James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
Lowenthal/Kwok moved and seconded to approve the Use Permit for 107 condominium
units and 6,450 square feet of new retail space. Wang offered a friendly amendment to the
motion to limit the number of condominium units to 95. K wok seconded, and the motion
failed to carry with Sandoval, James, and Lowenthal voting no. A vote was taken on the
original motion for 107 condominium units, and carried unanimously. Vote: Ayes: James,
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
LowenthallKwok moved and seconded to approve an exception to the Heart of the City
Plan to exceed heights above 36 feet. Vote: Ayes: James, Kwok, Lowenthal, Sandoval,
and Wang. Noes: None. Absent: None.
SandovallKwok moved and seconded to rezone a 7.74 acre parcel from
P(CG,O,ML,HOTEL) to P(Planned Developlllent). Vote: Ayes: James, Kwok,
Lowenthal, Sandoval, and Wang. Noes: None. Absent: None.
The City Clerk read the title of the ordinance. K wok/Lowenthal moved and seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the
first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes:
None. Absent: None.
PLANNING APPLICATIONS - None
/ )-(6
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CITY OF
CLJPEI\IINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
INITIAL STUDY - ENVIRONMENTAL EVALUATION CHECKLIST
Staff Use Only
EA File NO.EA-2003-09
Case File No.U-2003-04
<\ttachment5
PROJECT DESCRIPTION:
Project Title: Menlo Equities
Project Location: 10050 & 10080 N. Wolfe Road
Project Description: The project consists of two new three-story mixed-use buildinqs
consistinq of 6400 Sq.ft. of retail and 107 residential units with a ZOO-car underqround
qaraqe on a site with two existinq office bui!dinqs totalinq 103.000 sq.f\.
Environmental Setting:
The site is currently a parkinq lot and part of a 7.74 acre developed property consistinq
two one and two-stOry office buildinqs. The block to the north consists of a parkinq lot
for the Vallco Mall. The area to the east consists of a vacant parcel the Vallco Mall to
the west and one and two stOry office and commercial uses to the south.
PROJECT DESCRIPTION:
Site Area (ac.) - 7.74 acres Building Coverage - 35.81 % Exist. Buildings- 103.0005.1.
Proposed Bldg. - 6.400s.l. retail and 107 units Zone - P - Planned Devpt.. Office G.P.
Designation --Office/lndustriaIlCommerciaIlResidential
Assessor's Parcel No. - 316-20-084
If Residential, Units/Gross Acre - 30 units/qr.ac.
Unit Type #1
Unit Type #2
Unit Type #3
Unit Type #4
Unit Type #5
Applicable Special Area Plans: (Check)
o Monta Vista Design Guidelines 0 S. De Anza Conceptual
o N. De Anza Conceptual 0 S. Sara-Sunny Conceptual
o Heart of the City Specific Plan 0 Stevens Creek Blvd. SW & Landscape
If Non-Residential, Building Area - 6.400s.l. FAR - 30.5% for office Max.
Employees/Shift - _Parking Required 601 spaces Parking Provided §21 spaces
Total# Rental/Own Bdrms Total sf. Price
4 Own 1 NA
6 Own 1+den NA
8 Own 2 NA
59 Own 2 townhouse NA
30 Own 3 NA
Project Site is Within Cupertino Urban Service Area-
YES 0
NO
o
1')-11
INITIAL STUDY SOURCE LIS
A. CUPERTINO GENERAL PLAN SOURCES
1. Land Use Element
2. Public Safety Element
3. Housing Element
4. Transportation Element
5. Environmental Resources
6. Appendix A- Hillside Deveiopment
7. Land Use Map
8. Noise Element Amendment
9. City Ridgeline 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
D. OUTSIDE AGENCIES
23. County Planning Department
24. Adjacent Cities' Planning Departments
25. County Departmental of Environmental
Health
D. OUTSIDE AGENCIES (Continued)
26. Midpeninsuia Regional Open Space District
27. County Parks and Recreation Department
2B. Cupertino Sanitary Oistrid
29. Fremont Union High School District
30. Cupertino Union School District
31. Pacific Gas and Electric
32. Santa Clara County Fire Department
33. County Sheriff
34. CAL TRANS
35. County Transportation Agency
36. Santa Clara Valley Water District
E. 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. CalEPA Hazardous Waste and
Substances Site
F. OTHER SOURCES
44. Project Plan Set/Application Materials
45. Field Reconnaissance
46. Experience w/project of similar
scope/characteristics
47. ABAG Projection Series
48. Geological Analysis by Treadwell & Rollo,
Orinda, CA, August 11, 2003.
49. Phase I Environmental Site Assessment,
Clayton Group Services, Pleasanton, CA,
July 10, 2003.
INSTRUCTIONS
A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES
ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE.
B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist
information in Categories A through O.
C. You are encouraged to cite other relevant sources: if such sources are used, job in their title(s)
in the "Source" column next to the question to which they relate.
D. If you check any of the "YES" response to any questions, you must attach a sheet expiaining the
potential impact and suggest mitigation if needed.
E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please
try to respond concisely, and place as many explanatory responses as possible on each paqe.
F. Upon completing the checklist, sign and date the Preparer"s Affidavit.
G. Please attach the following materials before submitting the Initial Study to the City.
"'Project Plan Set of Legislative Document
"'Location map with site clearly marked
(when applicable)
2
, . .
BE SURE YOUR INITIAL STUDY SUBMITTAL
IS COMPLETE - INCOMPLETE MATERIALS
MAY CAUSE PROCESSING DELAY
1'3-(2....
EVALUATION OF ENVIRONMENTAL IMPACTS:
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I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a 0 0 0 ø
scenic vista? [5,9.24.41.44]
b) Substantially damage scenic resources, 0 0 ø 0
including, but not limited to. trees, rock
outcroppings, and historic buildings within a
state scenic highway? [5,9,11,24,34,41,44]
c) Substantialiy degrade the existing visual 0 0 0 ø
character or quality of the site and its
surroundings? [1,17,19.44]
d) Create a new source of substantial light or 0 0 ø 0
glare, which would adversely affect day or
nighttime views in the area? [1,16.44]
Item b&d - Less Than Siqnificant Impact
There are no existing significant scenic elements on the project site. While the
redevelopment of this site will create a new source of light within a developed setting, the
light levels associated with the proposed retail and residential uses are not expected to
adversely effect day or nighttime views in the area.
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 0 0 0 ø
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 0 0 0 ø
agricultural use, or a Williamson Act
contract? [5,7,23] ---
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c) Involve other changes in the existing 0 0 0 ø I
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use? [5,7,39]
Item a-c - No ImDact
The project does not impact agricultural land or resources.
III. 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 following determinations. Would
the project:
a) Conflict with or obstruct implementation of 0 0 ø 0
the applicable air quality plan? [5,37,42,44]
b) Violate any air quality standard or 0 0 ø 0
contribute substantially to an existing or
projected air quality violation? [5,37,42,44]
c) Result in a cumulatively considerable net 0 0 ø 0
increase of any criteria pollutant for which
the project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions
which exceed quantitative thresholds for
ozone precursors)? [4,37,44]
d) Expose sensitive receptors to substantial 0 0 ø 0
pollutant concentrations? [4,37,44]
e) Create objectionable odors affecting a 0 0 ø 0
substantial number of people? [4,37,44]
4
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Items a- c Less than Siqnificant Impact
The proposed project would have limited air quality impacts resulting from the minor
pollutant emissions related to traffic generated by the proposed project. The Bay Area Air
Quality Management District (BAAQMD) generally does not recommend that a detailed air
quality impact analysis be prepared for projects generating less than 2,000 vehicle trips per
day. The project is expected to generate approximately 1146 average daily trips, which
does not trigger a detailed air quality impact analysis under these BAAQMD guidelines.
The proposed development is consistent with the General Plan, which in turn is consistent
with the Clean Air Plan, therefore, no cumulative air quality impacts are expected to result
from this project. The impact of dust generated by grading and excavation construction
activities will be limited by a condition of approval requiring watering of newly disturbed
surfaces and covering of haul trucks to minimize dust generation"
Items d-e - No Impact
The project is not expected to expose sensitive receptors (children, the elderly, the acutely
ill, and the chronically ill) to substantial pollutant concentrations.
The proposed development will not have any operations that will subject customers,
employees or neighbors to objectionable odors.
IV. BIOLOGICAL RESOURCES -- Would
the project:
a) Have a substantial adverse effect, either 0 0 ø 0
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 0 0 ø 0
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 0 0 ø 0
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? [20,36,44]
d) Interfere substantially with the movement j 0 ø 0
of any native resident or migratory fish or
wildlife species or with established native
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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 0 0" 0 0
ordinances protecting biological resources,
I such as a tree preservation policy or
ordinance? [11,12,41]
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural 0 0 0" 0
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? [5,10,26,27]
Item e - Less Than Siqnificant Impact with Mitiqation Incorporation
The project has 149 trees on the site and proposes removal of about 90 trees in the
building footprint and parking lot areas. The project proposes 300 new trees as mitigation
which will resuit in a total of 359 trees on the site. Trees that meet the criteria of specimen
trees in the City's code will be retained or relocated to the extent possible. If specimen
trees are removed, three trees will be planted for each tree that is removed.
Item a-d, f No Impact
The project is proposed on a developed site and will not impact threatened or endangered
biologicai resources. The project includes landscaping, which will provide additional
vegetation on the site.
No Habitat Conservation Plans or Natural Community Conservation Plans cover the project
area.
V. CUL rURAL RESOURCES -- Would the
project:
a) Cause a substantial adverse change in 0 0 0 0"
the significance of a historical resource as
defined in § 15064.5? [5,13,41]
b) Cause a substantial adverse change in 0 0 0 0"
the significance of an archaeological
resource pursuant to §15064.5? [5,13,41]
c) Directly or indirectly destroy a unique 0 0 0 0"
paleontological resource or site or unique
geologic feature? [5,13,41]
d) Disturb any human remains, including 0 0 0 0"
those interred outside of formal cemeteries?
[1,5]
Item a-d No Impact
The project is currently developed with commercial uses and is not in a sensitive
~eological area of the City. There are no historical resources on the site.
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f/) ¡;;
-
VI. GEOLOGY AND SOilS - Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as 0 0 0 0
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. [2,14,44,48]
Ii) Strong seismic ground shaking? 0 0 0 0
[2.5,10,44,48]
iii) Seismic-related ground failure, including 0 0 0 0
liquefaction? [2,5,10,39,44,48]
iv) Landslides? [2,5,10,39,44,48] 0 0 0 0
b) Result in substantial soil erosion or the 0 0 0 0
loss of topsoil? [2,5,10,44,48]
c) Be located on a geologic unit or soil that is 0 0 0 0
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
[2,5,10,39,44,48]
d) Be located on expansive soil, as defined 0 0 0 0
in Table 18-1-B of the Uniform Building Code
(1997), creating substantial risks to life or
property? [2,5,10,44,48]
e) Have soils incapable of adequately 0 0 0 0
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water? [6,9,36,39,44,48]
7
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-.- 9 1--t¡::';;1ûè5 1--.- «J o '"
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-
Item a (I-iii!. c-d - Less Than Sionificant Impact
According to the Cupertino General Plan, the site is in a VF-2 and a VF-5 zone for which
specific hazards may include ground shaking, ground failure and possible inundation from
the Calabazas Creek.
According to a geological report by Treadwell & Rollo dated August 11, 2003, the risk of I
surface faulting and consequent secondary ground failure is low but that the presence of
moderately to highly expansive soil at the ground surface may subject near-surface slabs
on grade to vertical movement due to moisture changes in the soil, causing cracking. The
report makes several recommendations for excavation, shoring. foundations, retaining and
blow-grade walls, slab-on-grade floors, seismic design, and site grading. The
recommendations will be made conditions of approval for the project.
Also, per the General Plan requirements, the project will be constructed in accordance with
the Uniform Building Code and will require a soils report and a detailed soils/structural
evaluation to certify adequacy of normal UBC earthquake regulations with
recommendations for more stringent measures if required. This will help avoid or minimize
potential damage from seismic shaking.
The project is proposed on an existing parking lot with a relatively steep slope along the
northern property line, However, adherence to the UBC and earthquake regulations will
help avoid or minimize landslide impacts.
Item a(iv)e - No Impact
The site is served by an existing sewer system.
VII. HAZARDS AND HAZARDOUS
MATERIALS - Would the project:
a) Create a significant hazard to the public or 0 0 0 0
the environment through the routine
transport, use, or disposal of hazardous
materials? [32,40,42,43,44]
b) Create a significant hazard to the public or 0 0 0 0
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 0 0 0 0
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 0 0 0 0
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
8
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c..rn -,'- ::¡¡:" -'rn
rn ~
-
significant hazard to the public or the
environment? [2,42,40,43]
e) For a project located within an airport land 0 0 0 ø
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 0 0 0 ø
airstrip, would the project result in a safety
hazard for people residing or working in the
project area? [ ]
g) Impair implementation of or physically 0 0 0 ø
interfere with an adopted emergency
response plan or emergency evacuation
plan? [2.32.33,44]
h) Expose people or structures to a 0 0 0 ø
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]
Item b.d - Less Than Sionificant Impact
A Phase I Environmental Assessment by Clayton Group Services on July 10, 2003
indicated that there is no evidence of recognized environmental conditions (RECs) as
defined by ASTM.
Items a,c.e-h - No Impact
The proposed project will not generate additional hazardous waste, increase risk of
accidental explosion or release of hazardous substances, interfere with emergency
services, increase exposure of people to hazardous waste or increase fire hazard in areas
with flammable brush, grass or trees. The current project site is not listed as a
contaminated site in the State of California Hazardous Waste and Substances Site List.
The project site is not within a two-mile radius of the nearest airport (Moffett AirfieldlSan
Jose Airpoli). Therefore, there would be no related impacts on people residing or working
in the project area.
VIII. HYDROLOGY AND WATER QUALITY
-- Would the project:
a) Violate any water quality standards or 0 0 ø 0
waste discharge requirements? [20,36,37]
9
11-[1
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m ca....\ .J:: co 0 êâ "'",- -
ISSUES: .- 0 0 I- U ..r:: :;:; 10... .s:: u u u
.~ ì ."~ ~& I- .- m o '"
[and Supporting Information Sources] (/) ~ c. zc.
.s c: E en c: 3: :;: .... en c: E E
o 01_ Q 01 .- 0 Q .~- -
c.. ¡¡:¡ ....I ¡¡:¡ :¡;; u ....ICJ)
c:
-
b) Substantially deplete groundwater 0 0 0 iii
supplies or interfere substantially with
groundwater recharge such that there would
I 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 wouid drop to a level
which would not support existing land uses
or planned uses for which_ permits have been
granted)? [20,36.42]
c) Create or contribute runoff water which 0 0 iii 0
would exceed the capacity of existing or
pianned stormwater drainage systems or
provide substantial additional sources of
polluted runoff? [20,36,42]
d) Otherwise substantially degrade water 0 0 iii 0
quality? [20,36,37]
e) Place housing within a 1 OO-year flood 0 0 0 iii
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
[2,38]
f) Place within a 1 OO-year flood hazard area 0 0 0 iii
structures which would impede or redirect
flood flows? [2,38]
g) Expose people or structures to a 0 0 0 iii
significant risk of loss, injury or death
involving fiooding, including flooding as a
result of the failure of a ievee or dam?
[2,36,381
h) Inundation by seiche, tsunami, or 0 0 0 iii
mudflow? [2,36,38]
Item a,c.d Less Than Siqnificant Impact
Items b,e-h - No Impact
The project is in a B flood zone as per the FIRM maps dated May 1, 1980. As indicated
above, the project site is flat. The new buildings and parking lot will be located on a portion
of the site that is currently occupied by a parking area on a developed site. The proposed
development will not result in a net increase of impermeabie surface. All construction will
also be required to provide additional features to reduce run-off in accordance with
BAASMA guidelines.
IX. LAND USE AND PLANNING· Would I I I
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ISSUES: .!S! 0 0 J:u~:;::r:! ..c: " " "
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[and Supporting Information Sourcesl Q) C E U) .- .;¡¡ 0> a.
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(/) t:
-
the project: ---
a) Physically divide an established 0 0 0 0
community? [7,12,22,41]
b) Conflict with any applicable land use plan, 0 0 0 0
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]
c) Conflict with any applicable habitat 0 0 0 0
conservation plan or natural community
conservation plan? [1,5,6,9,26]
Items a-c No Impact
The project is in conformance with the City's General Plan which defines the site as
Office/lndustriaI/Commercial/Residential. The project however requires a Zoning change
from P(CG,O,ML,Hotel) to PeRes, Comm, Off, Ind, Hotel) to allow residential development.
However, since the proposed zoning is consistent with the General Plan, which already
allows residential uses, the project will not have significant impacts.
X. MINERAL RESOURCES -- Would the
project:
a) Result in the loss of availability of a known 0 0 0 0
mineral resource that would be of value to
the region and the residents of the state?
[5,10]
b) Result in the loss of availability of a 0 0 0 0
locally-important mineral resource recovery
site delineated on a local general plan,
specific plan or other land use plan? [5,10]
Items a-b - No Impact
Mineral resources are not known to exist on the project site.
XI. NOISE -- Would the project result in:
a) Exposure of persons to, or generation of. 0 0 0 0
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 0 0 0 0
excessive ground borne vibration or
11
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ISSUES: .- U U\ I-- U..c::'¡::; "- ..c"" "
- ¡¡:: cu ¡¡:: _ CI:S 0 1-,- '" o '"
I [and Supporting Information Sources] I::: .- Q.J CJ).-'- C) a. II) ~ a. zc.
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õ tn_ ø tn :!:: 0 Q).~-
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a.. en en c: ....I en
-
groundborne noise levels? [8,18,44]
c) A substantial permanent increase in 0 0 0 0
ambient noise levels in the project vicinity
above levels existing without the project?
[8,18]
d) A substantial temporary or periodic 0 - 0 0 0
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 0 0 0 0
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?
[8,18,44]
f) For a project within the vicinity of a private 0 0 0 ø
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels? [8,18]
12
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ISSUES: .~ u U J: CJ .- CI:I .c: 0 0 0
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[and Supporting Information Sources] Q) " E t/ '-'- c>c.
t/ " ¡:.- ... t/ <: E E
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Item a - Less Than Siqnificant Impact With Mitiqation Incorporation
A noise analysis by Charles M. Salter Associates Inc., dated September 12, 2003, indicates
that all eight units in Building A and six units facing Stevens Creek Boulevard in Building B
will be subjected to exterior noise levels of 68 to 69 dB. The study concludes that the
construction will be adequate to achieve an.indoor DNL of 45 dB (State Building Code).
The study makes the following recommendations that will be part of the conditions of
approval:
1. French doors in Plan 7 lofts in Building B should be replaced with sound rated window
assemblies.
2. Since all dwelling unit windows located within 250 feet of the Stevens Creek Boulevard
median centerline would need to be in the closed position to achieve the DNL 45 dB
standard, an alternate source of ventilation would be required for these dwelling units
with a mechanical engineer review required.
The study indicated that the DNL would be less than 60 dB in the courtyard recreation and
pool areas which would meet the City's General Plan requirements.
Itemb-d Less Than Siqnificant Impact
The project will not be subject to significant levels of ground borne noise levels and
vibrations. The proposed development of the project site will intensify the use of the lot,
which is likely to result in increases in the ambient noise levels that exist in the project area.
Increase in noise levels would be periodic and will not substantially increase over current
ambient noise levels.
Items e.f - No Impact
The project is not within a two-mile radius of any public airports or private airstrips.
XII. POPULATION AND HOUSING·· Would
the project:
a) Induce substantial population growth in an D D 0" D
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 D D D 0"
housing, necessitating the construction of
replacement housing elsewhere? [3,16,44]
c) Displace substantial numbers of people, D D D 0"
necessitating the construction of
replacement housing elsewhere? [3.16,44]
13
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ISSUES: .~ u U .J: 0 .- ca ..cuu u
.....- ~ 1-~:5~o 1--,- ta o '"
s::::-= U) .- .- en a. U) :-= c. zOo
[and Supporting Information Sources] Q) r: E t/) r: ¡:.-.... t/) r: E E
õ.~- (þ en ~ 0 Q) .21- -
a.. 00 -' .- ::;: u -'00
00 r:
-
,
Item a -Less Than SiGnificant /mDact
The development of a mixed-use .(office/retail/residential) project on the site is consistent
with the General Plan, which included an analysis of population and housing and was
reviewed in an EIR. Therefore, the proposed project would not induce substantial
population growth or create a demand for housing that would be inconsistent with the
General Plan.
Items b-c No ImDact
The proposed project would not displace existing housing. There are currently no
residential units on this site - it is a parkinq lot in an office development.
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
other performance objectives for any of the
public services:
Fire protection? [19,32,44] 0 0 0 0
Police protection? [33,44] 0 0 0 0
Schools? [29,30,44] 0 0 0 0
Parks? [5,17,19,21,26,27,44] 0 0 0 0
Other public facilities? [19,20,44] 0 0 0 0
Item a Less Than SiGnificant /mDact
The project is located in an urbanized area served by municipal services, including fire
protection, police protection, and maintenance of public facilities such as roads. An infill
project of this type and size will not significantly change or impact public services.
XIV. RECREATION --
a) Would the project increase the use of 0 0 0 0
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 0 0 0 0
facilities or require the construction or
expansion of recreational facilities which .-- --
14
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c"'"
- r:::: ca r:::: r::::._ C
- to.... co 0'" "''''.... ....
ISSUES: .~ u tJ .l: U J:: :;::; ~ ..c: " " "
-\:j:t'tI I-\:j:_cao 1-,- ca o '"
[and Supporting Information Sources] ~-¡:ì g¡'¡:';¡,g>e- t/J ~ a. zc.
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oC)- Q)C) '-0 Q) .~-
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-
might have an adverse physical effect on the
environment? [5,44]
Item a -No Impact
The project incorporates some active and passive spaces in keeping with the minimum
requirements of the Heart of the City Specific Plan. Additionally, the redevelopment of the
project site has been accounted for in the City's General Plan, which examined recreational
opportunities. The project will be required to pay park fees to provide additional park facility
needs generated by the development. There are no existing recreational facilities on the
project site.
XV. TRANSPORTATION/TRAFFIC--
Would the project:
a) Cause an increase in traffic which is 0 0 0 0
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)? [4,20,35,44,48]
b) Exceed, either individually or cumulatively, 0 0 0 0
a level of service standard established by the
county congestion management agency for
designated roads or highways? [4,20,44,48]
c) Result in a change in air traffic patterns, 0 0 0 0
including either an increase in traffic levels or
a change in location that results in
substantial safety risks? [4,48]
d) Substantially increase hazards due to a 0 0 0 0
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)? [20,35,44,48]
e) Result in inadequate emergency access? 0 0 0 0
[2,19,32,33,44,48]
f) Result in inadequate parking capacity? 0 0 0 0
[17,44,48]
g) Conflict with adopted policies, plans, or 0 0 0 0
programs supporting alternative
transportation (e.g., bus turnouts, bicycle
racks)? [4,34,48]
15
I J- 2-5
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ISSUES:
[and Supporting Information Sources]
I
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t:
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_ t: ctJ C c._
(ijctS...... J:ca O1â
.- (.) ~ J- (.) ..s::: ;: ~
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.s s:: E en C 3: :¡:¡ L.o
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u
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-
Items a-b Less Than Siqnificant Imoact With Mitiqation Incamoration
A Traffic Impact Analysis for the proposed project was prepared by Fehr and Peers
Associates, Inc. to assess the potential traffic, circulation and parking impacts of the
proposed project. The analysis indicates that the project will general a total of 1,176 daily
trips, 94 AM peak hour trips and 103 PM peak hour trips. The project will not cause a
significant impact at any of the City or CMP-monitored intersections. Also, the project will
not add more than one percent of the freeway capacity to any segment that currently
operates at LOS F.
The study makes two recommendations to relocate the Wolfe Road driveway and to realign
the parking and median at the entry on Stevens Creek Boulevard. These will be part of the
conditions of approval for the project.
The project will not have an impact on adjacent neighborhoods.
Items c-q No Impact
The proposed project would not result in any change in air traffic patterns because the
project, which includes the construction of a two-story office building and one-story
retail/restaurant building, is not tall enough to affect air traffic patterns.
The Fire Department has determined that emergency vehicle access will be adequate.
Items C-q - No Impact (contd.)
The City's parking code requires 601 parking spaces. A parking study by the Traffic
consultant indicated that the project would need 521 spaces. The applicant is proposing to
provide 521 parking spaces. The Code allows approval of a shared parking plan under
conditions including provision of a detailed traffic study, ownership by a single entity, and
planned development zoning. The project meets the above conditions. Therefore, the
parking on-site is considered adequate.
The proposed project will provide Transportation Demand Management (TOM) measures.
In addition, the project site's proximity to public transportation (VTA bus lines) is expected
to facilitate use of public transit.
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional
Water Quality Control Board? [5,22,28,36,44]
b) Require or result in the construction of
new water or wastewater treatment facilities
or expansion of existing facilities, the
construction of which could cause significant
environmental effects? [36,22,28,36]
o
o
Ii!
o
o
o
Ii!
o
-
16
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ISSUES: .~ 0 0 ~u..c;~ ..c: () () ()
.....- ~ ~.- co o ..
c:t:::: t¡:~cao UJ ~ C. zc.
[and Supporting Information Sources] CI> <: E :Z'c :=.!2' e- '" <: E E
õ.~- Q) C) ~ 0 CI>.!21- -
Q.m ..J'- ::¡;; () ..Jm
m <:
-
--
c) Require or result in the construction of D D ø D
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects? [5,22,28,36,44]
--
e) Result in a determination by the D D ø D
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 D D ø D
permitted capacity to accommodate the
project's solid waste disposal needs? [5,44]
g) Comply with federal, state, and local D D ø D
statutes and regulations related to solid
waste? [5,44]
Items a-f - Less than Siqnificant Impact
Sanitary sewer service is available, but the Sanitary District has indicated that a flow study
will be required to determine capacity. The applicants, like other users of the system, will
be required to pay District fees and obtain a permit for construction of the project. A
condition requires that if necessary improvements are required, they shall be completed
prior to building occupancy.
The project is not expected to increase demands that would exceed wastewater treatment
requirements of the Regional Water Quality Control Board. Additionally, since the project
will be required to comply with BASMM guidelines, it is expected that there will be
reduction of runoff into the stormwater system.
The General Plan states that the Santa Clara Valley Water District has indicated it has the
ability to meet the long term water needs of Cupertino water retailers based on the
maximum growth potential of municipalities in the district. Since the project is consistent
with the Cupertino General Plan and Zoning Code, the projects impact on water usage is
expected to be less than significant.
Item q - No Impact
The project will be required to comply with all federal, state, and local statutes and
regulations related to solid waste.
17
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=--
I
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
(To be completed by City Staff)
ISSUES:
[and Supporting Information Sources]
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildiife
popuiation 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?
b) Does the project have impacts that are
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)?
c) Does the project have environmental
effects, which will cause substantial adverse
effects on human beings, either directly or
indirectly?
>.....
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D
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iii
D
D
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.
Preparer"s Signature
þ'Gko~~~
Print Preparer's Name 1911¡2.TI SIl/¿¡!l/JsmiJ7i
18
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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.
0 Aesthetics 0 Agriculture Resources 0 Air Quality
0 Biological Resources 0 Cultural Resources 0 Geology /Soils
0 Hazards & Hazardous 0 Hydrology / Water 0 Land Use / Planning
Materials - Quality
0 Mineral Resources 0 Noise 0 Population / Housing
0 Public Services 0 Recreation 0 T ransportationlT raffic
0 Utilities / Service 0 Mandatory Findings of
Systems Significance
DETERMINATION:
On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that:
o The proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
o 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.
o The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
o 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.
o 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 een avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DE ARAT)pf<t.i eluding revisions or mitigation measures that are imposed upon the
pr posed ojec nothing further is required.
S~
ERC Chairperson
&þL ð.2.00~
Date '
\O\Z\lJ3
Date
19
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CITY OF CUPERTINO
NEGATIVE DECLARATION
As provided by the Environmental Assessment Procedure adopted by the City Council
of the City of Cupertino on May 27, 1973, and amended on March 4,1974, January 17
1977, May 1, 1978, and July 7, 1980, the following described project was granted a
Negative Declaration by the City Council of the City of Cupertino on December 15,
2003.
PROTECT DESCRIPTION AND LOCATION
EA-2003-09
Application No.:
Applicant:
Location:
Z-2003-02, U-2003-04, TM-2003-02 (EA-2003-09)
Jane Vaughan/Menlo Equities
10050 & 10080 N. Wolfe Road
DISCRETIONARY ACTION REQUEST
Rezoning of a 7.74-acre parcel from P(CG, 0, ML, HOTEL) to P(PlannedDevelopment).
Use Permit to construct a 117-unit condominium project and 6,450 square feet of new
retail space.
Tentative Map to subdivide a 7.74-acre parcel into two parcels: 4.47 and 3.2 acres,
respectively.
FINDINGS OF DECISIONMAKING BODY
The City Council granted a Negative Declaration since the project is consistent with the
General Plan and there are no significant environmental impacts.
Steve Piasecki
Director of Community Developrnent
CERTlFlCA TE OF THE CITY CLERK
This is to certify that the above Negative Declaration was filed in the Office of the City
Clerk of the City of Cupertino on
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CUPEIQ1NO
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
FAX: (408)777-3109
OFFICE OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. '4
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Approve the 2004-05 Citizens' Option for Public Safety (COPS) grant funding program.
Utilize these revenues to add back a second School Resource Officer (SRO) position for
up to nine months for the 2004-05 school year through a partnership with the City of
Cupertino, the Cupertino Union School District (CUSD), and the Fremont Union High
School District (FUHSD). Additional monies have been requested from the Rotary Club
of Cupertino.
BACKGROUND
Last year, the City of Cupertino was able to fund two SRO's for our elementary and high
school districts. These officers provide:
~ Enforcement: Assistance is provided to the beat officers when needed on
extensive or involved cases. Help detectives when needed to ascertain
information from schools, whether it is identifying possible suspects or protecting
victims.
~ Counseling/referrals: Talk to students and parents regarding many issues.
Appropriate community resources are located and are made available to provide
assistance with their specific problems.
> Education: Provide classes regarding the following subjects: Personal Safety,
Drug Use and Prevention, Justice System, DUI, Driving Education, and Date
Violence.
> Address Specific Groups: PT A, school counselors, school administrators,
teachers, school staff, and community organizations.
Due to budget cuts for fiscal year 2004-05, both SRO's were eliminated along with the
DARE Program in the proposed budget. City Council was able to fund one SRO in the
final adopted budget at a cost of$150,000.
Last month, the State informed the City that we would be receiving a Citizen Option for
Public Safety (COPS) grant in the amount of $100,000. This money can only be used for
supplemental police services; however, a second SRO would qualify. It will cost
approximately $120,000 to put an SRO in our schools for nine months. Two officers will
keep the service level consistent with last year, and provide the proactive interaction with
Printed on Recycled Paper
/<i-/
our students to reduce conflicts, crimes, and enhance relations between
administration/teachers, the students and the Sheriff deputies.
An additional $20,000 will place this officer in our schools. The City asked the two
school districts and their respective foundations for $5,000 each to provide the necessary
funding to pay for the second SRO. The FUHSD and the CUSD have committed to
$5,000 each towards this proposal. Both CEEF and the FUHSDF did not commit funds
to this project.
On September 20th City Council directed staff to apply to the Rotary Club of Cupertino
for the funding shortfall of $10,000. This application was submitted on September 27th.
In addition, Council asked staff to return with other options for use of the COPS grant.
Staff and the Sheriffs Department are in the process of compiling a list of other options
to the Council.
BUDGET IMPACT
Approval of the accompanying resolution will authorize the Finance Department to
accept and use the COPS grant monies for a project most appealing to the City Council.
No additional General Fund monies will be expended on this program.
RECOMMENDATION:
Staff recommends that the Council approve the 2004-05 Citizens' Option for Public
Safety (COPS) grant funding program. In addition, we recommend that the funds be
utilized to add the second SRO position for an amount not to exceed $11 0,000 (or up to
$120,000 ifthe Rotary Club grants us $10,000).
Submitted by:
Approved for submission:
Üj>t-~ ()fl¿)'1!2"-cf?
Carol A.Atwood
Director of Administrative Services
~
David W. Knapp
City Manager
G/admin services/staffreport-SRO Partnership.doc
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RESOLUTION NO 04-419
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING REQUEST FROM SHERIFF FOR USE
OF THE CITIZENS' OPTION FOR PUBLIC
SAFETY (COPS) PROGRAM FUNDS OF $100,000
WHEREAS, the 2004 Budget Act provided $200 million in General Fund monies in
2004-05; and
WHEREAS, the Budget Act establishes the Citizens' Option for Public Safety (COPS)
program and appropriates $100 million from the state general fund for the 2004-05 fiscal year
and the City of Cupertino's per capita share is $100,000 for fiscal year 2004-05; and
WHEREAS, the COPS program provides funding for local agencies for the purpose of
ensuring public safety; and
WHEREAS, cities are required to appropriate COPS revenues to fund front line
municipal police services which can include anti-gang and community crime prevention
programs; and
WHEREAS, these funds are to be appropriated pursuant to a written request from the
Chief of Police or the Chief Administrator ofthe law enforcement agency that provides police
services for that city.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves the Sheriff s request for the expenditures of Citizens' Option for Public Safety
(COPS) funds.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of October 2004, by the following vote:
Vote
Members ofthe City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
ILf-3
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CUPEIQ1NO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
/)
AGENDA DATE
October 4. 2004
SUBJECT AND ISSUE
Review and reject all bids submitted for the Storm Drain Catch Basin Cleaning Project No.2004-
07.
BACKGROUND
In order to comply with Non-Point Source requirements, specifically the minimum performance
conditions of the National Pollution Discharge Elimination System (NPDES) permit, the City is
required to clean 50% of the total catch basins within the City every year. The City currently
maintains and has made it a practice to maintain all catch basins in the City, which is a total of
1780 of these drain facilities. In the past the City's operating budget has included approximately
$50,000 annually from the Environmental Management Non Point Source Account for this work,
which is performed by an outside contractor.
Since the project contract amount, estimated to be $52,000, is below $100,000 the project was
competitively bid for award by the Director of Public Works. The bid was based on cleaning
100% of the City owned catch basins. The following is a summary of the bids received for the
referenced project:
Bidder
Engineer's Estimate
National Plant Services, Inc.
George Bianchi Construction Inc.
Base Bid
$ 52,000.00
$ 115,700.00
$ 133,500.00
The low bid of $115,700.00 submitted by National Plant Service, Inc. is unfortunately higher by
over 200% than the amount estimated or budgeted. Staff is recommending that the bids be
rejected and that the project be re-evaluated and, if necessary, re-scoped to clean the minimum
required 50% of the catch basins with a bid alternate to clean additional catch basins at the bid
price as additional funding may become available. Because the bids received are over $100,000 a
Council action is required to reject the bids and staff will immediately re-bid the project to
ensure that the work is completed before the storm season begins in December.
Printed on Recycled Paper
1:;-1
FISCAL IMP ACT
There will be no immediate fiscal impact if the bids are rej ected.
STAFF RECOMMENDATION
That the City Council reject all bids received and authorize the Director of Public Works to re-
advertise for bids for the Storm Drain Catch Basin Cleaning, Project No.2004-07.
Submitted by:
Attest as to bids received:
Approved for submission:
~
Ralph A. Qualls, Jr.
Director of Public Works
Kimberly Smith
City Clerk
fJ-Ji
David W. Knapp
City Manager
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City Hall
¡ 0300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
kimberlys@cupertino.org
CUPEIQ1NO
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No. ~
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Receive the Certification of Sufficiency for three initiative petitions and direct staffto take
appropriate action.
SIGNATURE VALIDATION
On September 9, 2004, the proponents filed petitions related to building setbacks, building
heights, and housing density. The Santa Clara County Registrar of Voters validated the
signatures using the statistical random sampling process as set forth in Elections Code Section
9115, and has certified that all three petitions have qualified for the ballot.
The results are as follows:
Petition regarding setbacks:
Petition regarding density:
Petition regarding building height
4,636 signatures
4,647 signatures
4,805 signatures
17.74 %
17.78%
18.39 %
COUNCIL OPTIONS
The proponents' petitions did not qualify for a special election pursuant to Elections Code
Section 9214. They did qualify for the next general election pursuant to Code Section 9215.
To qualify for a special election, the petitions must have been signed by not less than 15% of the
registered voters, and the petitions themselves must have included a request that the ordinance be
immediately submitted to a vote of the people at a special election. The City Clerk had provided
the proponents with sample wording for the petitions, which showed the available options, before
the proponents began collecting signatures (see Attachment A and B). The proponents did not
include the wording that would have required a special election (see Attachment C).
Printed on Recycled Paper
/Ip -I
October 4, 2004
Page 2
The City Council now has the following options:
A. Adopt the ordinance, without alteration, at the regular meeting at which the certification
of the petition is presented, or within 10 days after it is presented.
B. Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of
Section 1405, at the next general municipal election on November 8, 2005. Council also
has the authority to can a special election, which could be held in February 2005.
C. Order a report pursuant to EC 9212 at the regular meeting at which the certification of the
petition is presented. When the report is presented, the Council may adopt the ordinance
within 10 days, order an election on November 8, 2005, or call a special election for
February 2005.
If Council chooses the report in Option C, it must be submitted for review within 30 days of
receipt of election official's certification of signatures, or by November 3. Such a study may
include, but is not limited to, the following categories:
1. Fiscal impacts
2. Effects on the internal consistency of the city's general and specific plans
3. Effects on the use ofland, the impact on the availability and location of housing,
and the ability of the city to meet is regional housing needs
4. The impact on funding for infrastructure of all types and whether there would be
increased infrastructure costs or savings
5. The impact on the community's ability to attract and retain business and
employment
6. The impact on the uses of vacant parcels ofland
7. The impact on agricultural lands, open space, traffic congestion, existing business
districts, and developed areas designated for revitalization.
8. Any other matters the Council requests to be in the report.
FINANCIAL IMPACT
The City's next general municipal election will be held on November 8, 2005. The cost of a
consolidated election, including the initiatives and the City Council vacancies, is estimated at
$300,958.
If the Council chooses to can a special election for the initiatives, the cost of both the special and
the general elections in calendar year 2005 is estimated at $608,742.
/{¡rc9.
October 4, 2004
Page ~
RECOMMENDATION
Staffrecomrnends that the City Council call for a final report on the effect of the proposed
initiative, to be submitted at the regular Council meeting of Monday, November 1, and at that
time determine whether to adopt the General Plan amendments or call for an election on the
measures on Tuesday, November 8, 2005.
Submitted by:
Approved for submission:
K;=~~7{
City Clerk
Sby
David W. Knapp
City Manager
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D
Sample calendar of initiative activity
Sample petition wording
Excerpt from circulated petition
Certificates of Sufficiency of Petition
cc:
Proponents Edward Britt, Norman Hackford, and Gerald Cooley
/1.7 -..3
Attachment A
Sample calendar regarding initiatives filed March 4, 2004
Updated May 26, 2004
This information is provided as a courtesy, and is not to be considered legal advice.
As of February 17, 2004, Cupertino's voter registration is 26,128. (This number will be updated throughout
the year - check with the City Clerk for the latest information).
If at least 10% of the registered voters sign the petition AND the City Council can adopt a resolution calling
the election before August 6, the initiative will be consolidated with the November 2, 2004 election. (2,612
valid signatures required). Election cost estimated to be $80,000.
[ If at least 15% of the registered voters sign the petition AND THE PETITION SPECIFIES THAT A
SPECIAL ELECTION SHALL BE CALLED, a special election will be called within 88-103 days. (3,919
valid signatures required). If the timing requires a stand-alone election the cost is estimated at $270,000.
Date/Day Activity Comments B.C. Citation
FILED Proponents file notice Written text of initiative; name and address of at 9l03a,9104,
Thur of intent for EACH least one but no more than 5 proponents; a request 9203a
Mar 4 initiative for preparation of ballot title and summary; and may
include a statement up to 500 words.
DONE City Clerk sends Attorney has 15 days to return a ballot title and 9l05a, 9203a
Thur proposed measure to summary of not more than 500 words
Mar 4 Attorney
DONE City Attorney returns
Mar 19 wording to Clerk
DONE City Clerk sends Ballot title and summary shall be printed in 12 point, 9l05b,9203b
Mar 19 ballot title and roman boldface type, on each section ofthe petition
summary to the above the text of the proposed measure and across
person who filed it the top of each page on which signatures are to
appear
AMEND- Proponents accept Proponents pointed out technical information to be 9106,9204
MENT ballot title and added; City Attorney made amendment
3-19 thru summary
3-21
DONE City Attorney returns
Mar 22 wording to Clerk
City Clerk sends Ballot title and summary shall be printed in 12 9l05b, 9203b
DONE ballot title and point, roman boldface type, on each section of the
Mar 22 summary to the petition above the text of the proposed measure and
person who filed it across the top of each page on which signatures are
to appear
JÚJ - 'I
Attachment B
Required language
EC 9203b
Initiative Measure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose and points of the
proposed measure:
Title and summary; roman
boldface 12 point EC 9203b
Measure
General Plan Amendment
Restricting Building Heights
, ;,
This measure s.eeks to amend the Cupertino General Plan to require that buildings have a
maximum height of 36 feet measured from grade level to the highest point of the building
structure. Exempted from this restriction would be the ValIco park planning district (defined as
the area bounded by Wolfe Road, Tantau Avenue, Homestead Road and Stevens Creek
Boulevard) which would be restricted to maximum building heights of 45 feet, and the Wolfe
Road commercial corridor (defined as the area within 500 feet of Wolfe road beginning 500 feet
north of Stevens Creek Boulevard and extending to Highway 280) which would be restricted to
maximum building heights of 45 feet for residences and "mixed use" facilities only. Also
exempted from this restriction would be residential "single, duplex, triplex and fourplex" units.
Existing buildings could be rebuilt, undergo alteration, or be expanded only if 1) they do not
exceed their original heights and set backs or 2) any added portions of their structures comply
with the above restrictions.
The restrictions contained herein cannot be modified, amended or eliminated, nor may new or
existing buildings which are subject to these restrictions be built or altered in any way which is
inconsistent with these restrictions without a vote of the city's electorate at an election.
To: Cupertino City COW1cil
Recommended
language
1. We, the W1dersigned, are registered and qualified voters of the City of Cupertino, COW1ty of Santa Clara, State of
Caliofmia, constituting _ [not less than _ (number) percent of the voters of the city], and present to the
Cupertino City COW1cil this petition and respectfully request that the following proposed ordinance of the City of
Cupertino, County of Santa Clara, be submitted to a vote of the people of the city OR· be submitted immediately to a
vote of the people of the city at a special election.
. The proposed ordinance reads as follows:
Full text of proposed ordinance
is inserted here
3. Prior to the circulation of this petition in the City of Cupertino, a notice ofmtention to do so, accompanied by a
statement not exceeding 500 words in length for the reasons for this proposed petition was published on _' 20_, in the
[specify newspaper}, a newspaper of general circulation in the City of Cupertino, COW1ty of Santa Clara,
State of California, and published at (address) in the city.
4.
The following is a true and correct copy of the printed notice of intention and accompanying statement.
/h-s
Attachment C
Initiative Measure to be Submitted Directly to the Voters
10f4
The City Attorney has prepared the following title and summary of the chief purpose and points of the
proposed measure:
General Plan Amendment Restricting Building Set Back Lines
Summary: This measure seeks to amend the Cupertino General Plan to require that buildings have a
minimum public street set back line of35 feet, or the distance determined from a 1.5 to 1 slope line ratio
measured from the nearest curb line(s) of adjacent public street(s), whichever is greater. Exempted from
these restrictions would be the Vallco Park Planning District (defined as the area bounded by Wolfe
Road, Tantau Avenue, Homestead Road and Stevens Creek Boulevard) which would be restricted to
minimum street set back lines equal to 1 to 1 slope line ratio, and the Wolfe Road Commercial Corridor
(defined as the area within 500 feet of Wolfe Road beginning 500 feet north of the Stevens Creek
Boulevard and extending to Highway 280) which would be restricted to minimum street set back lines
equal to a 1 to 1 slope line ratio for residential and "mixed use" facilities only. Also exempted from these
restrictions would be residential "single, duplex, triplex, and fourplex units." Existing buildings could be
rebuilt, undergo alteration, or be expanded, only ü 1) they adhere to their originally authorized set backs,
or 2) any added portion of their structures comply with the above restrictions.
The restrictions contained herein cannot be modified, amended or eliminated, nor may new or existing
· buildings which are subject to these restrictions be built or altered in any way which is inconsistent with
these restrictions without a vote of the city's electorate at an election.
To: Cupertino City Council
We, the undersigned, registered, qualified voters of the City of Cupertino, County of Santa Clara, State ofCalifonúa, present to the
Cupertino City Council this petition and respectfully request that the following proposed amendment to the General Plan of the City of
· Cupertino be adopted without alteration or be submitted to a vote of the people of the city as soon as the law requires.
·
/fo-0
Attachment 0
County of Santa Clara
Registrar of Voters
1555 Berger Drive, Building 2
San Jose. California 951 12
Mailing Address: P.O. Box 1147. San Jose, CA 95\08
(408) 299-VOTE (8683) (866) 430- VOTE (8683) FAX 1408)998·7314
wWW.sccvDle.org
September 20, 2004
Ms. Kimberly Smith
City Clerk
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014-3255
RE: Initiative Petition Related to Building Heights
Dear Ms. Smith:
The initiative petition submitted to our office on September 9, 2004 contained 4,864
signatures. The petition needed 3,319 valid signatures to pass, based on the 15%
requirement of the registered voters in the City of Cupertino pursuant to California
Elections Code Section 9215.
We performed a random sampling of 500 of the total signatures utilizing petition
guidelines issued by the Secretary of State. Based upon this sampling, the petition had
a projected number of 4,805 valid signatures, which is 98.8% of the number of valid
signatures required to pass. Therefore this petition has passed.
If you have any questions concerning this matter, please feel free to contact me at (408)
282-3051.
ll~iÆ)IC~^
Election Division Coordinator
County of Santa Clara
Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr., Liz Kniss
County Executive: Peter Kutras, Jr.
&1
>-
/(p- 7
CLERK'S CERTIFICATE TO INITIATIVE PETITION
I, JESSE DURAZO, Registrar of Voters of the County of Santa Clara, State of
California, hereby certify:
That the City Of Cupertino Initiative Petition Related To Building Heights
has been filed with this office on September 9, 2004.
That said petition consists of 351 sections;
That each section contains signatures purporting to be the signatures of qualified
electors of this county;
That attached to this petition at the time it was filed was an affidavit purporting to
be the affidavit of the person who solicited the signatures, and containing the
dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited
the signatures upon that section, that all of the signatures were made in his or
her presence, and that to the best of his or her knowledge and belief each
signature to that section was the genuine signature of the person whose name it
purports to be;
That after the proponent filed this petition I verified the required number of
signatures by examining the records of registration in this county, current and in
effect at the respective purportive dates of such of signing, to determine what
number of qualified electors signed the petition, and from that examination I have
determined the following facts regarding this petition:
1.
Number of unverified signatures filed by proponent (raw count)
4,864
500
2.
Number of signatures verified
a.
Number of signatures found SUFFICIENT
1.
NOT SUFFICIENT because DUPLICATE
494
---º
---º
b.
Number of signatures found NOT SUFFICIENT
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal this 16th day of September, 2004.
Jesse Durazo
Registrar of Voters
(SEAL)
B)111~Jl~
JOBc09
/0-ó
Petition Result Breakdown
Signatures Required 3919
Raw Count 4,864
Sample Size 500 Percent of Percent of
Sigs Checked 500 Sigs Checked Sampie Size
Sigs Not Checked 0 0.0%
Sigs Valid 494 98.8 % 98.8%
Sigs Invalid 6 1.2 % 1.2 %
Duplicated 0 0.0% 0.0 %
Non-duplicate Invalids 6 1.0% 1.2%
Approved Approved 494 98.8%
NotReg Not Registered 3 0.6%
OutOIDist Out of District 0.2%
Re9DiffAdd Registered at a Different Address 2 0.4%
PCMR040 - Petition Result Breakdown
Printed: 9/16/2004 7:49:33AM
~------
Page 1 of 1
/&-'1
JobB80 Classification by Race
JobB81 Water Ouality
JobB82 Transportation.Allocation of Sales
JobB83 Election Day Voter Registration
JobB84 LH Open Space & Public Recreation Init
JobB85 LH P,ef Against Ord Passed by City Coucil
JobB85 City of PA-Ref Against Ord #4779
JobB87 City of Sunn)Nale-Eminent Domain
JobB88 City of Sunnyvale-Building Heights
JobB89 City of Sunnyvale-Implementation of Plan
JobB90 City of Palo .A.lto Water Fluoridation
JobB91 Recall of Gov Davis
JobB92 #988 State Budget Related TôXes & Res
JobB93 #1 008 Overturn Health Care Cov Req
JobB94 # 1 003 Children's Hospital
JobB95 # 1 005 ElectionsPrima.ries
JobB95 #1 007 Mental Health Expansion
JobB97 #1 01 0 Emergency & Medical Services
JobB98 #1 016 Unfair Business Competiton Laws
JobB99 #1 015 Limitations on "Three Strikes" Law
JobC01 # 1 027 Tribal Gaming-Renegotiation
JobC02 #1 029 DN.A. Samples
JobC03 #1 031 Local Gvt Funds & Revenue
JobC04 #1 021 Stem Cell Research
JobC05 #1 045 Tribal Gaming-Exclusive Gaming R
JobC07 SCCo Compulsary Binding Arbitration
JobC08 Ci of ClI ertino-Setbacks
I
JobCl0 City of Cupertino-Density
/&;- /0
County of Santa Clara
Registrar of Voters
1555 Berger Drive. Building 2
San Jose. California 95 I 12
Mailing Address; P.O. Box 1147. San Jose. CA 95108
(408) 29g.VOTE (8683) (866) 430- VOTE (8683) FAX (408)998-7314
www.sccYote.org
September 20, 2004
Ms. Kimberly Smith
City Clerk
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014-3255
RE: Initiative Petition Related to Density
Dear Ms. Smith:
The initiative petition submitted to our office on September 9, 2004 contained 4,828
signatures. The petition needed 3,319 valid signatures to pass, based on the 15%
requirement of the registered voters in the City of Cupertino pursuant to California
Elections Code Section 9215.
We performed a random sampling of 500 of the total signatures utilizing petition
guidelines issued by the Secretary of State. Based upon this sampling, the petition had
a projected number of 4,647 valid signatures, which is 98.0% of the number of valid
signatures required to pass. Therefore this petition has passed.
If you have any questions concerning this matter, please feel free to contact me at (408)
282-3051.
S},ncerely, ,
.' /(lc/Ik'¡~~
Magg~ '
Election Division Coordinator
County of Santa Clara
Boardof Supervisors: Donald F. Gage. Blanca Alvarado, Pete MCHugh. James T. Beall, Jr.. Liz Kniss
County Executive: Peter Kutras, Jr.
SJ
,-
1& -1/
CLERK'S CERTIFICATE TO INITIATIVE PETITION
I, JESSE DURAZO, Registrar of Voters of the County of Santa Clara, State of
California, hereby certify:
That the City Of Cupertino Initiative Petition Related To Density has been
filed with this office on September 9, 2004.
That said petition consists of 353 sections;
That each section contains signatures purporting to be the signatures of qualified
electors of this county;
That attached to this petition at the time it was filed was an affidavit purporting to
be the affidavit of the person who solicited the signatures, and containing the
dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited
the signatures upon that section, that all of the signatures were made in his or
her presence, and that to the best of his or her knowledge and belief each
signature to that section was the genuine signature of the person whose name it
purports to be;
That after the proponent filed this petition I verified the required number of
signatures by examining the records of registration in this county, current and in
effect at the respective purportive dates of such of signing, to determine what
number of qualified electors signed the petition, and from that examination I have
determined the following facts regarding this petition:
1.
Number of unverified signatures filed by proponent (raw count)
4.828
500
2.
Number of signatures verified
a.
Number of signatures found SUFFICIENT
490
b.
Number of signatures found NOT SUFFICIENT
...1.Q
1.
NOT SUFFICIENT because DUPLICATE
-º
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal this 16th day of September, 2004. .
Jesse Durazo
Registrar of Voters
(SEAL)
BVlhfi1ijJr;1~r
JOBc10
10 -Ie;).
Petition Result Breakdown
Signatures Required 3919
Raw Count 4,828
Sample Size 500 Percent of Percent of
Sigs Checked 500 Sigs Checked Sample Size
Sigs Not Checked 0 0.0%
Sigs Valid 490 98.0% 98.0%
Sigs Invalid 10 2.0% . 2.0%
Duplicated 1 0.0% 0.2 %
Non-duplicate Invalids 9 2.0% 1.8%
490
NotReg Not Registered 6 1.2%
OutOIO;st Out of District 0.2%
Duplicate Signed more than once 0.2%
NoResAdd No Residence Address Given 2 0.4%
-.
PCMR040 - Petition Result Breakdown
Printed; 9/16/2004 7:49:44AM
~-_.-._-
--------..----.-----
_._--,-
Page 1 of 1
/b-/3
JobB80 Classification by Race
JobB81 Wô.ter Quali~1
JobB82 Trô.nsportation.Allocation of Sales
JobB83 Election DayVoter Registrô.tion
JobB84 LH Open Space & Public Recreation Init
JobB85 LH Ref Against Ord Passed by City Coucil
JobB86 City of PA,-Ref Against Ord #4779
JobB87 City of Sunnyvale-Eminent Domain
JobB88 City of Sunnyvale-Building Heights
JobB89 City of Sunnyvale-Implementation of Plan
JobB90 City of Palo Alto Water Fluoridation
JobB91 Recall of Gov Davis
JobB92 #988 State Budget Related Taxes & Res
JobB93 #1 008 Overturn Health Care Cov Req
JobB94 # 1 003 Children's Hospital
JobB95 # 1 005 Elections.Primaries
JobB96 #1 007 lvIental Health Expansion
JobB97 #1 01 0 Emergency & lvIedical Services
JobB98 #1 016 Unfair Business Competiton Laws
JobB99 #1 015 Limitations on "Three Strikes" Law
JobC01 # 1 027 Tribal Gaming-Renegotiation
JobC02 #1 029 DNA Samples
JobC03 #1 031 Local G',,1 Funds & Revenue
JobC04 #1 021 Stem Cell Research
JobC05 #1 046 Tribal Gaming-Exclusive Gaming R
JobC07 SCCo Compulsary Binding Arbitration
JobC08 City of Cupertino-Setbacks
JobC09 Ci of Cu ertino-Buildin Hei hts
1&-/<1
Registrar of Voters
County of Santa Clara
1555 Berger Drive, Building 2
San Jose, california 9S I 12
Mailing Address: p,O, Box 1147. San Jose. CA 95108
(408) 299-VOTE (8683) (866) 43()' VOTE (8683) FAX (408) 998-7314
www.sccvote.org
September 20, 2004
Ms. Kimberly Smith
City Clerk
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014-3255
RE: Initiative Petition Related to Setbacks
Dear Ms. Smith:
The initiative petition submitted to our office on September 9,2004 contained 4,775
signatures. The petition needed 3,319 valid signatures to pass, based on the 15%
requirement of the registered voters in the City of Cupertino pursuant to California
Elections Code Section 9215.
We performed a random sampling of 500 of the total signatures utilizing petition
guidelines issued by the Secretary of State. Based upon this sampling, the petition had
a projected number of 4,636 valid signatures, which is 98.8% of the number of valid
signatures required to pass. Therefore this petition has passed.
If you have any questions concerning this matter, please feel free to contact me at (408)
282-3051.
CSince, r"e, "IY" " ' fl_ . A ',' -,
/11~ ()/i?f Õr~ -
J:g~y J,itH
Election Division Coordinator
County of Santa Clara
Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete MCHugh, James T. Beall. Jr.. Liz Kniss
County Executive: Peter Kutras. Jr.
~
-
1&-/5
CLERK'S CERTIFICATE TO INITIATIVE PETITION
I, JESSE DURAZO, Registrar of Voters of the County of Santa Clara, State of
California, hereby certify:
That the City Of Cupertino Initiative Petition Related To Setbacks has been
filed with this office on September 9, 2004.
That said petition consists of 350 sections;
That each section contains signatures purporting to be the signatures of qualified
electors of this county;
That attached to this petition at the time it was filed was an affidavit purporting to
be the affidavit of the person who solicited the signatures, and containing the
dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited
the signatures upon that section, that all of the signatures were made in his or
her presence, and that to the best of his or her knowledge and belief each
signature to that section was the genuine signature of the person whose name it
purports to be;
That after the proponent filed this petition I verified the required number of
signatures by examining the records of registration in this county, current and in
effect at the respective purportive dates of such of signing, to determine what
number of qualified electors signed the petition, and from that examination I have
determined the following facts regarding this petition:
1.
Number of unverified signatures filed by proponent (raw count)
4.775
2.
Number of signatures verified
500
a.
Number of signatures found SUFFICIENT
1.
NOT SUFFICIENT because DUPLICATE
494
~
-1
b.
Number of signatures found NOT SUFFICIENT
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal this 16th day of September, 2004.
Jesse Durazo
Registrar of Voters
(SEAL)
lJna ~ cj)
By:, ~ 11/ '\
JOBcOB
/(p -fÚJ
Petition Result Breakdown
Signatures Required 3919
Raw Count 4,775
Sample Size 500 Percent of Percent of
Sigs Checked 500 Sigs Checked Sample Size
Sigs Not Checked 0 0.0%
Sigs Valid 494 98.8% 98.8%
Sigs Invalid 6 1.2% 1.2%
Duplicated 1 0.0% 0.2 %
Non-duplicate Invalids 5 1.0% 1.0%
Approved 494 98.8 %
NotReg Not Registered 3 0.6%
OutOtoist Out of District 2 0.4%
Duplicate Signed more than once 0.2%
PCMR040 . Petition Result Breakdown
Printed: 9/16/2004 7:49:16AM
Page 1 of 1
Ii.? - /7
JobB80 Classification by Race
JobB81 Water Ouality
JobB82 Transportation.Allocation of Sales
JobB83 Election DayVofer Registration
JobB8~ LH Open Space & Public Recreation Init
JobB85 LH Ref Against Ord Passed by City Coucil
JobB86 City of PA-Ref Against Ord #~779
JobB87 City of Sunnyvale-Eminent Domain
JobB88 City of Sunnyvale-Building Heights
JobB89 City of Sunnyvale-Implementation of Plan
JobB90 City of Palo Alto '.¡\Iater Fluoridation
JobB91 Recall of Gov Davis
JobB92 #988 State Budget Related Taxes & ResE
JobB93 #1 008 Overturn Health Care Cov Req
JobB9~ # 1 003 Children's Hospital
JobB95 # 1 005 ElectionsPrimaries
JobB96 #1 007 Mental Health Expansion
JobB97 #1 01 0 Emergency & Medical Services
JobB98 #1 016 Unfair Business Competiton Laws
JobB99 #1 015 Limitations on "Three Strikes" Law
JobC01 # 1 027 Tribal Gaming-Renegotiation
JobC02 #1 029 DNA Samples
JobC03 #1 031 Local G,1 Funds & Revenue
JobCO~ #1 021 Stem Cell Research
JobC05 #1 0~6 Tribal Gaming-Exclusive Gaming
JobC07 SCCo Com ulsa Bindin Arbitration
JobC09 Ci~;I of Cupertino-Building Heights
JobC1 0 Ci~;I of Cupertino-Density
/& -j Ó
·.~!
'~
~~~~?
F
CUPEIQ1NO
.
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. \ l
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Authorize the City Manager to execute an Amendment to the Joint Funding Agreement with
other Santa Clara County cities to update the current scope and authority of the Silicon Valley
Regional Interoperability Project.
BACKGROUND
In 1998, at the direction of the Santa Clara County/Cities Managers' Association, the Santa Clara
County Police and Fire Chiefs first established two working groups to study interoperability
issues. Interoperability is the ability of public safety agencies to talk across disciplines and
jurisdictions via radio communication systems, exchanging voice and/or data with one another on
demand, in real time, when needed.
In 2001, this collaboration solidified under a formal governance structure and a Joint Funding
Agreement was executed by governing bodies from the Cities of Palo Alto, Cupertino, Mountain
View, Sunnyvale, Santa Clara, Campbell, Morgan Hill, Milpitas, Gilroy, Monte Sereno, Los
Altos, San Jose, Saratoga, the Towns of Los Altos Hills and Los Gatos, San Jose State
University, the California Department of Forestry (South County Fire District) and the Santa
Clara Valley Water District and the Silicon Valley Regional Interoperability Proj ect (SVRIP) was
established.
While the overall objective of achieving seamless voice and data interoperability amongst and
between emergency response entities at all levels of government is a challenging task that will
take many years to fully accomplish, there has been steady progress on the project and significant
accomplishments have been achieved towards that goal. Continued participation on the Silicon
Valley Regional Interoperability Project serves a great benefit to the City of Cupertino. By
partnering with other local municipalities, our city reaps the benefit of information gained
through this project and minimizes the financial impact on the budget.
Since its inception, the SVRIP has sought to address both voice communication interoperability
and the need for real-time, on-demand, exchange of information. It has long understood that
along with the technological changes needed to effectuate true interoperability, business process
and operational change would be needed as well. Four ongoing subcommittees were established
with representatives from the various stakeholder agencies (radio and technical, operations and
policy committees). Each tasked with ensuring that the participating jurisdictions were prepared
to implement the new solutions as the project progressed.
Printed on Recycled Paper
17-1
Although other localities face similar problems in establishing interoperable communications
systems, SVRIP has surpassed the level of other projects by mustering a cooperative coalition of
over thirty public and private entities. Along with the significant successes the Project has
achieved comes the need to expand the current Joint Funding Agreement to reaffirm the
commitment to the Project and to ensure the Scope of the Authority for the Steering Committee
is in line with the direction of the Project.
The Amendment provides an update on the status of the Project, documenting the funding
received to date on the SVRlP; it redefines and updates the purpose of the project to coincide
with new information available on this important issue; allows for partnerships with other
government agencies and private enterprise. It establishes a website, allows for demonstration
"pilot" projects; expands the composition of the Steering Committee to reflect a need to have a
County Executive on the Committee and a representative from the San Jose UASI. It provides
for the addition of new AdHoc members. The Amendment contemplates the future of
interoperability and provides enough scope and authority to ensure the project can continue
moving forward. It further defines the fiscal agent responsibility, which, along with legal
services, has been provided by the City of Mountain View on this Project.
Under this amended Agreement, the SVRIP can continue in its efforts to achieve interoperability
and build on the successes to date on the Project.
FISCAL IMPACT
The City has already contributed to the Joint Funding Agreement and there is no additional fiscal
impact for this second amendment agreement.
RECOMMENDATION:
Staff recommends that the City Council Authorize the City Manager to execute an Amendment
to the Joint Funding Agreement with other Santa Clara County cities to update the current scope
and authority of the Project.
Submitted by:
Approved for submission:
é!4t,t¿¿~
Carol A. Atwood
Director of Administrative Services
~
David W. Knapp
City Manager
17-~
SECOND AMENDED SANTA CLARA COUNTY DATA COMMUNICATIONS NETWORK
JOINT FUNDING AGREEMENT
This Second Amended Joint Funding Agreement ("Agreement") is made by and between the Cities of
Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo
Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos, Los Altos Hills, the South
Santa Clara County Fire District, County of Santa Clara, San Jose State University and the Santa Clara
Valley Water District (individually referred to as "Network Participant" and collectively "Network
Participants") and is dated for identification purposes this I" day of September, 2004.
Recitals
WHEREAS, the Network Participants established the Silicon Valley Regional Interoperability
Project ("SVRIP") for the purpose of creating county wide radio interoperability and a public safety radio
and data communications network; and
WHEREAS, achieving this objective will enable the real time exchange of event and resource
information between and amongst automated and non-automated Public Safety Dispatch Centers and key
stakeholder agencies within Santa Clara County to improve public safety and emergency services by
enhancing field communications during emergencies, reducing response time of emergency resources and
enabling intelligence information sharing amongst and between key stakeholder agencies; and
WHEREAS, Network Participants desire to continue to participate in the SVRIP to design,
architect and implement a county-wide regional radio interoperability and integrated data
communications network system that can be implemented in each of the respective agencies at a
significant cost savings to each Network Participant; and
WHEREAS, the Network Participants also desire to integrate the SVRIP network solution(s) with
other regions throughout the Bay Area for the purposes of enhancing public safety operations during
regional disasters or other public safety operations; and
WHEREAS, the Network Participants have committed to collaboratively solving interoperability
and communication issues throughout Santa Clara County
WHEREAS, Network Participants have previously established a Steering Committee to oversee
and manage the SVRIP and coordinate interoperability, technological and any other initiatives that impact
interoperability on a local or regional basis; and
WHEREAS, the Network Participants have committed staff resources to research and assess the
needs for the Network Participant agencies; and
WHEREAS, each of the Network Participants have contributed an equal share of funds to
establish the SVRIP; and
WHEREAS, on November 3, 2003, the Network Participants retained the professional services of
Northrop Grumman Corporation ("NGC") to provide professional management services and to work with
the Network Participants to define the scope of the SVRIP, research industry solutions and develop
recommendations, create a system specification document, identify potential vendors, and prepare a
Request For Proposal for a radio interoperability and data integration network solution; and
SVRIP JFA 2nd Amend 090804
Page I of8
/7-3
WHEREAS, the SVRIP has secured Federal Homeland Security funding, as allocated by the
Operational Area Approval Authority, to assist in financing NGC's work for the SVRIP; and
WHEREAS, the SVRIP is partnering with NGC to identify alternative funding sources; and
WHEREAS, the SVRIP has secured approximately $713,000 in federal funding and together with
Network Participant funds in the SVRIP account has purchased the required equipment to implement a
single command and control interoperability radio channel (BayMACS) and contracted with Santa Clara
County Communications (a Network Participant) to install and maintain the BayMACS radio system; and
WHEREAS, the SVRIP is partnering with the City of San Jose (a Network Participant) and has
received approximately $3.7 million in federal monies through the COPS FY 2003 Interoperable
Communications Technology Program to serve as a "model interoperability solution" by implementing a
regional microwave network that will serve as a "information pathway" for future interoperability
solutions; and
WHEREAS, the SVRIP is working with congressional representatives, and state and federal
agencies to secure additional funding for interoperability solutions; and
WHEREAS, the SVRIP is working with other regional interoperability initiatives in the Bay Area
through the Urban Area Security Initiative (VAS!) Advisory Council and the Bay Area UASI Working
Group; and
WHEREAS, the SVRIP is currently in the design phase of the project and opportunities are
arising to obtain federal funding and to participate in regional interoperability efforts through "Proof of
Concept" and "Pilot" demonstration projects using state, federal or other alternative funds at no increased
cost to the Network Participants; and
WHEREAS, the composition of the Steering Committee should be expanded to reflect that
interoperability has become a federal initiative and to allow the Network Participants to take advantage of
current and future opportunities such as the availability of funding for interoperability, coordination and
participation in interoperability initiatives on a local and regional level, and demonstration or pilot
projects;
WHEREAS, the Network Participants previously approved a Santa Clara County Data
Communications Network Joint Funding Agreement for the SVRIP in May 2001;
WHEREAS, the Network Participants amended the Santa Clara County Data Communications
Network Joint Funding Agreement for the SVRIP in March of 2002; and
WHEREAS, Network Participants now desire to amend the Santa Clara County Data
Communications Network Joint Funding Agreement to correspond to the current status and funding
successes of the SVRIP.
THEREFORE, the Network Participants hereby amend the Joint Funding Agreement to read as
follows:
SVRIP JF A 2nd Amend 090804
Page 2 of 8
17-L/
A. Purpose
In accordance with California Government Code Section 6502, the purpose of this Agreement is not
to create an independent authority but to jointly exercise the purchasing and contracting power of all
the Network Participants to:
1. Retain the professional services of consultants and/or related services for the conceptual
design and implementation of a countywide and regional/multi-regional interoperability
solution(s), and
2. Purchase hardware and/or software related to the SVRIP interoperability solution(s); and
3. To execute lease, installation and/or maintenance agreements for project equipment, and lease
and/or license agreements for housing project equipment and leases for office space or lease
expenses, on behalf of the SVRIP directly related to implementing SVRIP interoperability
solutions; and
4. To work with federal and state agencies, congressional representative and private entities to
fund participation in the costs related to demonstration projects, pilot projects and
implementation ofinteroperability solutions / network(s); and
5. To establish and maintain a website to facilitate information sharing on behalf of the SVRIP
and related Network Participant communication; and
6. To jointly apply for state, federal and/or private funding grants for SVRIP through the
implementation phase of the project; and
7. To enter into agreements with other governmental agencies to achieve interoperability: and
8. To pay for SVRIP travel and other related expenses approved by the Steering Committee.
B. Authorization
Each Network Participant is authorized by its respective governing body or Board of Directors to
jointly exercise the Network Participant's individual power as set forth herein.
c. Steering Committee
I. a. ComDosition:
(I) The Steering Committee shall consist of an odd number of members to allow for a clear
majority vote. The following voting representatives shall be appointed from their
respective associations on the Steering Committee:
(a) A City Manager from the Santa Clara County/Cities Managers' Association;
(b) A Fire Chief from the Santa Clara County Fire Chiefs Association;
(c) A Police Chief from the Santa Clara County Police Chiefs Association;
(d) The Santa Clara County Executive or his or her designee;
SVRIP JFA 2nd Amend 090804
Page 3 of8
17-S-
(e) A Metropolitan Statistical Area Representative rrom the San Jose VASI;
(g) A Data Project Director designated by a majority vote of the Steering Committee;
(f) A Radio Project Director designated by a majority vote of the Steering Committee;
(g) A representative ftom the Public Safety Communications Manager's Association;
(h) A Project Coordinator designated by a majority vote of the Steering Committee;
(2) Ad hoc Members. The Steering Committee shall include the following non-voting Ad Hoc
representatives:
I. Project Attorney(s) designated by the Steering Committee;
2. Finance Director or designee ftom the Network Participant serving as Fiscal Agent for
the SVRIP;
3. Public Information Officer (PIO) ftom a Network Participant agency, and designated by
the Steering Committee, for coordinating media relations related to the SVRIP; and
4. Other Network Participant agency staff as required and as determined by the Steering
Committee
2. Voting. It has been the practice of the Steering Committee to act by consensus. In the event that
the Steering Committee is not able to reach a consensus on an issue, a majority vote of the voting
representatives shall be determinative.
3. Changes in Committee Membership. Any modifications to the composition of the Steering
Committee will be determined by a majority vote of the Steering Committee. However, No voting
representative position on the Steering Committee may be eliminated without the approval of the
represented entity or association. The Steering Committee shall ensure that the Network Participants
are notified of changes in the Steering Committee membership.
4. Authoritv
a. Delegation of Authority. Each Network Participant hereby grants the Steering Committee
authority to act on behalf of the SVRIP to: (I) purchase professional services, and radio, computer or
telecommunications hardware/software, other services or goods directly related to the SVRIP as
provided herein; (2) lease real property for housing project equipment or for office space; (3)
purchase installation and/or maintenance services from individual Network Participant agencies or 3'd
party vendors related to systems implemented as part of the SVRIP; (4) apply for state, federal and/or
private alternative funding grants on behalf of the Network Participants for the SVRIP; (5)
participate in demonstration projects related to the SVRIP; (6) receive and spend any grant funding or
other funding obtained on behalf of the SVRIP; (7) execute and administer any agreements that may
be necessary to exercise the authority granted in this paragraph; (8) meet with state and federal
governmental agencies and political representatives regarding the SVRIP; and (9) pay for SVRIP
travel and project related expenses approved by the Steering Committee.
b. Limitation. The Steering Committee is authorized to spend only those monies: (1) previously
paid by each of the Network Participants under the March 5, 2002, Amended Santa Clara County
SVRIP JFA 2nd Amend 090804
Page 4 of8
/7-0
Data Communications Network Joint Funding Agreement; and (2) any grant funding received by the
SVRIP provided the funding is spent in accordance with any and all requirements of any applicable
grant, purchasing or bidding regulations.
D. Duties and Responsibilities of Fiscal Agent
1. Agencv/Trust Account: A Network Participant shall serve as the Fiscal Agent for the SVRIP.
The City of Mountain View currently serves as the Fiscal Agent for the SVRIP. The Fiscal Agent
shall deposit all the payments it receives on behalf of the Network Participants, including any
grant or alternative funding into an Agency/ Trust Account. In lieu of an administrative fee for
administering the account, no interest shall accrue to the account. The Steering Committee shall
designate in writing three (3) Steering Committee members who have legal authority to approve
invoice payment requests related to the SVRIP. Upon receipt of written authorization ftom two
(2) of the three (3) designated Steering Committee designees, the Fiscal Agent shall make
payments on behalf of the Network Participants pursuant to an executed agreement with the
Network Participants.
2. Use of Funding: The Fiscal Agent shall only spend the monies received under this Agreement in
accordance with section C.4 of this Agreement, upon receipt of an approved invoice from the
Steering Committee, and in accordance with any applicable grant requirements or other
regulations.
3. Grant ReDorting and Audit Requirements: The Network Participants shall be responsible for any
reporting or audit requirements and related costs required for any grant funding received by the
SVRIP. The Steering Committee shall coordinate any required reports or audit responses. The
Fiscal Agent, and any other Network Participant, shall respond to any reasonable requests ftom
the Steering Committee for information that may be required to comply with grant reporting or
audit requirements.
4. Accounting: Except as may be required by any applicable grant agreement, no more than twice
per fiscal year and only upon receipt of written request from the Steering Committee, the Fiscal
Agent will provide an accounting to the Steering Committee of the monies paid ftom the
Agencyrrrust Account pursuant to this Joint Funding Agreement.
E. Term.
This Agreement shall terminate upon written notice ftom the Steering Committee that the objectives
of the SVRIP have been achieved. Such notice will include a plan for the disposition of all assets held
on behalf of the Network Participants. Upon receipt of that notice, the Network Participants shall
have thirty (30) days to register any objections in writing with the Steering Committee relating to this
Agreement.
Any Network Participant may withdraw ftom this Agreement effective at least one hundred twenty
(120) days prior written notice to each of the other Network Participants. The Network Participants
acknowledge that they have already received the maximum benefit of their financial contribution to
the SVRIP and a Network Participant is not entitled to any reimbursement of its contribution upon
withdrawal ftom the SVRIP.
SVRIP JF A 2nd Amend 090804
Page 5 of8
17-7
F. Indemnification.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between
the Network Participants pursuant to Government Code Section 895.6, the Network Participants agree
that all losses or liabilities incurred by any Network Participant shall not be shared pro rata but
instead each of the Network Participants agree that pursuant to Government Code Section 895.4, each
of the Network Participants hereto shall fully indemnify and hold each of the other Network
Participants, their officers, board members, employees and agents, harmless !Tom any claim, expense
or cost, damage or any liability arising out of the performance of this Agreement, payments or
purchases made by the Fiscal Agent pursuant to the terms of this Agreement or the acts of the
Steering Committee on behalf of the Network Participants.
G. Notices.
All notices required by this Agreement will be deemed given when in writing and delivered
personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed
to the other Network Participants at the addresses set forth on the signature pages of this Agreement
or at such other address as the Network Participants may designate in writing in accordance with this
section.
H. Governing Law.
This Agreement has been executed and delivered in, and will be construed and enforced in
accordance with, the laws of the State of California. Proper venue for legal action regarding this
Agreement will be in the County of Santa Clara.
I. Severability.
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or
unenforceable, the same will either be reformed to comply with the applicable law or stricken, if not
so conformable, so as not to affect the validity or enforceability of this Agreement.
SVRIP JF A 2nd Amend 090804
Page 6 of 8
/7-,f
The Network Participants have caused this Amended Agreement to be executed by their duly authorized
representatives.
CITY OF CAMPBELL
TOWN OF LOS GATOS
Bernard Strojny, City Manager
City of Campbell
70 North First Street
Campbell, CA 95008
Debra Figone, Town Manager
Town of Los Gatos
110 E Main Street
Post Office Box 949
Los Gatos, CA 95031
CITY OF CUPERTINO
CITY OF MILPITAS
David Knapp, City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Thomas Wilson, City Manager
City of Mil pitas
455 E. Calaveras Boulevard
Milpitas, CA 95035
CITY OF MONTE SERENO
CITY OF GILROY
Brian Loventhal, City Manager
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Jay Baksa, City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CITY OF MORGAN HILL
CITY OF LOS ALTOS
Ed Tewes, City Manager
City of Morgan Hill
17555 Peak Avenue
Morgan Hill, CA 95037
Phil Rose, City Manager
City of Los Altos
I North San Antonio Road
Los Altos, CA 94022
CTY OF MOUNTAIN VIEW
TOWN OF LOS ALTOS HILLS
Kevin Duggan, City Manager
City of Mountain View
500 Castro Street
Post Office Box 7540
Mountain View, CA 94039
Maureen Cassingham, Town Manager
Town of Los Altos Hills
25379 Fremont Road
Los Altos Hills, CA 94022
SVRIP JF A 2nd Amend 090804
Page 7 of8
/7-q
CITY OF P ALO ALTO
Frank Benest, City Manager
City of Palo Alto
250 Hamilton Avenue
Post Office Box 10250
Palo Alto, CA 94303
CITY OF SAN JOSE
Del Borgsdorf, City Manager
City of San Jose
801 North First Street, Room 436
San Jose, CA 95110
CITY OF SANTA CLARA
Jennifer Sparacino, City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
COUNTY OF SANTA CLARA
Pete Kutras, Jr., County Executive
Santa Clara County
70 West Hedding Street
Eleventh Floor, East Wing
San Jose, CA 95110
CITY OF SARATOGA
Dave Anderson, City Manager
City of Saratoga
13 777 Fruitvale Avenue
Saratoga, CA 95070
SAN JOSE STATE UNNERSITY
Andre Barnes, Chief of Police
San Jose State University Police
One Washington Square
San Jose, CA 95192
SOUTH SANTA CLARA COUNTY FIRE
DISTRICT
Steven Woodill, Fire Chief
South Santa Clara County Fire District
Protection
15670 Monterey Street
Morgan Hill, CA 95037
SANTA CLARA VALLEY WATER DISTRICT
Stanley M. Williams, Chief Executive Officer
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
SVRIP JF A 2nd Amend 090804
Page 80f8
17-;V
I
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
kirnberlys@cupertino.org
______............ I
-. .-
CUPEIQ1NO
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No. ~
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Receive a resignation letter from Telecommunications Commissioner David Eggleston, and post
an amended vacancy notice.
BACKGROUND
At the September 20 meeting, Council set an application deadline of October 22 and an interview
date of November I to fill an unscheduled vacancy on the Telecommunications Commission,
which resulted from the resignation of Salvatore Algeri. On September 29,2004, the City
received a resignation letter from David Eggleston, who serves on the same commission. His
term will expire on January 2007.
RECOMMENDATION:
Staff recommends that City Council take the following steps:
A. Accept Mr. Eggleston's resignation.
B. Direct staff to post an amended notice to announce two unscheduled vacancies.
C. Confirm the application deadline of Oct. 22, and interview time of Nov. I at 5:30 p.m.
Submitted by:
~kid~
Kimberly Smit
City Clerk
Approved for submission:
R¿¿
David W. Kriapp
City Manager
Printed on Recycled Paper
/8-/
Grace Schmidt
From:
Sent:
To:
Cc:
Subject:
Rick Kitson
Wednesday, September 29, 2004 8:25 AM
'L.T. Guttadauro'
Grace Schmidt; Linda Lagergren
Telecomm vacancies and meeting cancellation
L. T.,
First, we cancel the October meeting.
Second, With this e-mail I am letting the city clerk's office know so that they may add
the new vacancy to the agenda on October.
Best regards,
Rick Kitson
Public Information Officer
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
408.777.3200 phone
408.777.3366 fax
rickk@cupertino.org
-----Original Message-----
From: L.T. Guttadauro [mailto:l.guttadauro@comcast.netJ
Sent: Wednesday, September 29, 2004 8:23 AM
To: Rick Kitson
Subject: FW: Oct. 6th Telecornm Meeting
Importance: High
HI Rick - what do you suggest we do or ask Dave to do?
Thanks, L.T.
-----Original Message-----
From: egglestondm@netscape.net [mailto:egglestondm@netscape.net]
Sent: Tuesday, September 28, 2004 9:15 PM
To: l.guttadauro@comcast.net
Subject: Oct. 6th Telecomrn Meeting
Hi LT -
I will also be unavailable for the meeting. Work is hectic now.
time for me to follow Sal's lead and retire from the commission.
been a great ride and a pleasure to know and work with all of you
accomplished some great things. We have much to be proud of.
It may be
It has
folks. We
Please treat this email as my resignation letter. If there is anything else
that I can do to help you before I leave, please let me know.
Best Regards I
David
Switch to Netscape Internet Service.
As low as $9.95 a month -- Sign up today at http://isp.netscape.com/register
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1
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777 -3223
FAX: (408) 777-3366
CUPEIQ1NO
OFFICE OF THE CITY CLERK
Summary
Agenda Item No. \ 9
Meeting Date: October 4, 2004
SUBJECT AND ISSUE
Notice of commissions with terms expiring January 15, 2005, and selection of dates for
applications and interviews.
BACKGROUND
The Cupertino City Council appoints members to 12 advisory commissions and
committees. For most commissions, members serve staggered, four-year terms with a
two-term limit for each commission. If a person is appointed to fill an unscheduled
vacancy, that partial term is not counted against the term limit. Terms expire on January
15, and information about the upcoming vacancies is announced in October.
Recruitment, appointment, and reappointment are governed by Resolution No. 02-064,
and Government Code section 54970. Vacancies will be announced in the local news
media, posted at City Hall and the Library, and included in the Cupertino Scene and the
City's web site. Notices are also mailed to CERT graduates, Leadership Cupertino
graduates, Neighborhood Block Leader, service organizations, and other interested
parties.
The Teen Commission is governed by City Council Resolution No. 04-405 and follows
a different appointment schedule and structure.
The attached list describes all the commissions and committees, and lists the names of
incumbents whose terms are ending in January 2005.
Applicants may apply for up to two commissions and each applicant is interviewed for
his or her preferred commission( s).
Printed on Recycled Paper
/q-/
STAFF RECOMMENDATION
Staff recommends the following:
1.
Application deadline:
December 28, 2004
2.
Interviews:
Monday & Tuesday, January 10 and II
Conference Room A, 6:00 p.m.
SUBMITTED BY:
APPROVED FOR SUBMISSION
TO THE CITY COUNCIL:
Ki~J~
City Clerk
~
David W. Knapp
City Manager
19-d-"
CITY OF CUPERTINO
APPOINTMENTS LIST AND
NOTICE OF VACANCIES .2005
C F
CUPEI(IlNO
Notice is hereby given that the City of Cupertino encourages residents to apply for
positions on City commissions and committees that will have vacancies in 2005. The
application deadline is 5:00 p.m. on Tuesday, December 28,2004. Council will conduct
interviews beginning at 6:00 p.m. on Monday and Tuesday, January 10 and 11.
Commissioners are interviewed and appointed by the City Council, and may serve a
total of two consecutive 4-year terms. (The Teen Commission has a different term
structure). If a person is appointed to fill an unscheduled vacancy, that partial term is
not counted against the term limit.
All meetings are open to the public. For more information or to apply for a commission,
contact the Cupertino City Clerk's Office at 777-3223, or visit the city website at
www.cupertino.org.
Audit Committee
Terms Ending
Gillian Enos
Date First Appointed
February 2001 (1st term)
Term Ends
January 2005
The Committee consists of five members serving four-year terms. Two individuals are
members of City Council, and three are city residents or representatives from Cupertino
businesses. The business representatives shall not be officials or employees of the City,
nor cohabit with as defined by law, nor be related by blood or marriage to any member
of the Committee, the City Manager or staff person assigned to the Committee. An
Audit Committee at large member is not required to be a Cupertino resident, but the
City Council may give priority to individuals who have substantial accounting or
investment experience, preferably in connection with a govemmental agency. The
powers and functions of the Audit Committee shall be as follows: A. Review the annual
audit report and management letter; B. Recommend appointment of auditors; C. Review
the monthly Treasurer's report; D. Recommend a budget format; and E. Review City
investment policies and internal controls of such policies.
The Cupertino Audit Committee meets as needed in January, April, July, and October
on the 3,d Thursday of the month at 4:00 p.m. at City Hall in Conference Room A. For
more information, call staff liaison Carol Atwood at (408) 777-3220.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
/9-3
Bicycle Pedestrian Commission
Terms Ending
Joseph Walton
May Koski
Date First Appointed
October 2002 (1st term)
April 2004 (Partial term)
Term Ends
January 2005
January 2005
The Commission consists of five members appointed by the council to four-year
overlapping terms, none of whom shall be officials or employees of the City nor cohabit
with, as defined by law, nor be related by blood or marriage to, any member of the
committee, the City Manager or the staff person or persons assigned to the Commission.
All members shall be City of Cupertino residents. The function of the Commission is to
review, monitor and suggest recommendations for City transportation matters including,
but not limited to bicycle and pedestrian traffic, parking, education and recreation
within Cupertino.
The Bicycle Pedestrian Commission meets the third Wednesday of each month at 7
p.m. in City Hall, Conference Room A. For more information, call staff liaison Glenn
Goepfert at (408) 777-3244.
Community Development Block Grant (CDBG) Steerine; Committee
Terms Ending
Vacant
Vacant
Date First Appointed
Vacant
Vacant
Term Ends
January 2005
January 2006
The Steering Committee is the lead citizen participation group in the planning and
programming process of the CDBG program. The Steering Committee will be involved
in the entire CDBG and consolidated planning process. Three members must represent
low and moderate-income areas and one member is a citywide representative. The other
five members consist of the Housing Commission members. Its specific responsibilities
shall be:
a. To advise the City Administration and the City Council in the development of
the Consolidated Plan and its related programs.
b. To conduct public meetings on the development of the Plan and its programs,
and to review and evaluate proposals from the Community Based Organizations.
c. To assist the City Council in conducting Public Hearings on the Plan and its
programs.
The CDBG Steering Committee meets, as needed at 6:30 p.m., the second Thursday of
the month at City Hall, Conference Room C. For more information, call staff liaison
Vera Gil at (408) 777-3308.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
¡q-q
Fine Arts Commission
Terms Ending
Dr. Nancy Canter
Carl Orr
Date First Appointed
January 2001 (1st term)
January 2001 (1st term)
Term Ends
January 2005
January 2005
The Commission consists of five members appointed by Council for four-year terms.
None of the members shall be employees or officials of the City, nor cohabit with as
defined by law, nor be related by blood or marriage to any member of the Commission,
the City Manager or staff person assigned to the Commission. At least three shall be
Cupertino residents. The powers and functions of the Fine Arts Commission shall be to
foster, encourage and assist the realization, preservation and advancement of the fine
arts for the benefit of the community. The Fine Arts Commission falls under the
Political Reform Act of 1974 and financial disclosure is required.
Meetings are held at 7:00 p.m. on the fourth Tuesday of the month at City Hall,
Conference Room A. For more information, contact staff liaison Kimberly Smith at
(408) 777-3217.
Housioe: Commission
Terms Ending
Sarah Hathaway-Feit
Date First Appointed
January 2001 (1st term)
Term Ends
January 2005
The Cupertino Housing Commission consists of five members appointed by the council
to four-year terms. One must be a representative from a Cupertino financial institution
and another from a Cupertino business. Housing Commission members who are
representatives of a financial institution or a business are not required to be Cupertino
residents, but the financial institution and the business represented must be located in
Cupertino. The two community members and the City's appointed representative to the
Santa Clara County CDBG Citizens Advisory Committee must be residents of
Cupertino. The committee assists in developing housing policies and strategies,
recommends policies for implementation and monitoring of affordable housing projects,
helps identify sources of funding for affordable housing and other advisory functions
authorized by the City Council. The Cupertino Housing Committee falls under the
Political Reform Act of 1974 and financial disclosure is required.
Meetings are held at 6:30 p.m., the second Thursday of the month at City Hall,
Conference Room C. For more information, call staff liaison Vera Gil at (408) 777-
3308.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
¡C;-5
Library Commission
Terms Ending
Eno Schmidt
Yuhfen Diana Wu
Janet Riddell
Date First Appointed
January 2001 (1st term)
January 2001 (1st term)
February 2001 (1st term)
Term Ends
January 2005
January 2005
January 2005
The commission consists of five members appointed by the Council to four-year,
overlapping terms. At least three members must be residents of Cupertino. None of the
members shall be officials or employees of the City, nor cohabit with, as defined by
law, nor be related by blood or marriage to any member of the Commission, the City
Manager or the staffperson(s) assigned to this Commission. The commission advises
the city council on the adequacy oflibrary service within the community and such other
matters relating to library service as specified by the city council; and serves as liaison
between the city and the Santa Clara County library system.
The Library Commission meets at 7:00 p.m. on the third Tuesday of the month at City
Hall, Conference Room A. For more information, call staff liaison Carol Atwood at
(408) 777-3220.
Parks and Recreation Commission - No vacancies
The commission consists of five members who are residents of the City and shall be
appointed by the council to four-year, overlapping terms. None of the members shall be
officials or employees of the City, nor cohabit with as defined by law, nor be related by
blood or marriage to any member of the Commission, the City Manager or the staff
person(s) assigned to this Commission. The commission advises the city council on
municipal activities in relation to parks and recreation, including park site acquisition
and development, recreation program policy, and expansion of the park program as
development occurs. The Parks and Recreation Commission falls under the Political
Reform Act of 1974 and financial disclosure is required.
The Parks and Recreation Commission meets at 7:00 p.m. on the first Thursday of each
month in the City Hall Council Chambers. For more information, contact staff liaison
Therese Smith at (408) 777-3110.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
/9-0
Plannin2: Commission
Terms Ending
Angela Chen
Marty Miller
Gilbert Wong
Date First Appointed
January 2001 (1st term)
March 2003 (Partial term)
May 2002 (Partial term)
Term Ends
January 2005
January 2005
January 2005
The Commission consists of five members appointed by the council to overlapping
four-year terms. Each member shall be a qualified elector in and resident of the City.
None of the members shall be officials or employees of the City and none of whom
shall cohabit with as defined by law, nor be related by blood or marriage to any other
member of the Commission, the City Manager or the staff person(s) assigned to this
Commission. The Commission's primary function is to advise the city council on land
use matters such as specific and general plans, zonings and subdivisions. The
commission reviews other matters as specified by city ordinances or Title VII of the
Government Code of California.
The Planning Commission meets at 6:45 p.m. on the second and fourth Monday of the
month in the City Hall Council Chambers. For more information, call staff liaison Steve
Piasecki at (408) 777-3308.
Public Safety Commission - No vacancies
The commission consists of five members, all of whom shall reside within the City and
shall be appointed by the council to four-year, overlapping terms. None shall be
officials or employees of the City, members of the Sheriffs Department of the County,
either regular or reserve, nor shall they be members of the Central Fire Protection
District. No members of the Public Safety Commission shall cohabit with, as defined
by law, nor be related by blood or marriage to any member of the Commission, the City
Manager or the staffperson(s) assigned to this Commission. The primary functions are
to advise the city council on all areas relating to public safety, traffic, and police, fire
and other matters relating to the foregoing.
The Public Safety Commission meets at 7:00 p.m. on the second Thursday of the month
at City Hall, Conference Room A. For more information, call staff liaison Glenn
Goepfert, 777-3244.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
/q-]
Senior Commission - No vacancies
The Senior Citizens Commission shall consist of five members who are residents of the
City who reflect the diverse senior community and shall be appointed by the council to
four-year, staggered terms with no more than three terms expiring at one time. At least
one commissioner shall be a member of the Cupertino Senior Center Volunteer
Advisory Council. The primary functions are to advise the City Council on all matters
relating to various activities that provide meaningful recreational, social, educational,
safety, housing, transportation, and health services to senior citizens within the
community.
The commission shall hold regular meetings as necessary, and at the discretion of the
commission, such other meetings as may be necessary or expedient. The commission
shall meet no fewer than four times per year. For more information, call staff liaison
Julia Lamy, 777-3374.
Teen Commission - No vacancies
The commission consists of thirteen members, including at least one person from each
public middle school and public high school in Cupertino. Membership on the
Commission is limited to Cupertino residents. Members may attend schools outside of
the city limits, or be schooled at home. Commissioners must be in 8th through 12th
grade. Teen Commissioners are appointed to two-year terms.
The powers and functions of the Teen Commission are to advise the City Council and
staff on issues and projects important to youth.
The Teen Commission meets twice a month on the 1st Monday and the 3rd Wednesday
of each month at 6:00 p.m. at the Quinlan Community Center. For more information,
contact staff liaison Christine Hanel, (408) 777-3120.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
¡9-f
Telecommunications Commission - No vacancies
The Commission consists of five members, ITom among the qualified electors of the
City, appointed by the council to four-year, overlapping terms. None of the members
shall be officials or employees of the City, nor cohabit with, as defined by law, nor be
related by blood or marriage to any member of the Commission, the City Manager or
the staff person(s) assigned to this Commission. They advise the city council on all
matters relating to telecommunications within the city of Cupertino, including
evaluating compliance with any franchise or other agreement between the city and a
telecommunications provider and conducting periodic reviews of providers, facilities,
and products. In addition, members serve as liaisons between the city, the public, and
telecommunications providers in enhancing education and information. The
commission also provides support for community access television, especially public
and educational access, and gives guidance when needed for development and
implementation of access channels and programming. The Telecommunications
Commission falls under the Political Reform Act of 1974 and financial disclosure is
required.
The Telecommunications Commission meets the first Wednesday of each month at 7
p.m. at City Hall, Conference Room A. For more information, contact staff liaison Rick
Kitson at (408) 777-3262.
Incumbents whose first terms are ending may choose to reapply for a second
term. Incumbents who are not eligible to reapply are marked with an asterisk by
their name.
¡q-9
aD-I
Mayor, City of Cupertino
City Clerk
APPROVED:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members oftheQ!y Council
Vote
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20'
day of September, 2004 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 4th day of October 2004, by the following vote:
,
Section I. That the property described in attached Exhibit A is hereby rezoned to
PD(Gen. Com, Light Ind., Hotel, Reg. Sho~. and Res); and that Exhibit A attached hereto is
made part of the Master Zoning Map ofthe City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
NOW, THEREFORE, BE IT ORDAINED AS'FOLLOWS:
WHEREAS, an application was received by the City (Application no. Z-2004-0l) for the
rezoning of properties to PD(Gen. Com, Light Ind., Hotel, Reg. Shop. and Res); and
WHEREAS, the rezoning is consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed
amendment to the Master Zoning Map ofthe City of Cupertino.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RE-
ZONING A 7.5-ACRE SITE FROM PLANNED DEVELOPMENT (GENERAL
COMMERCIAL, LIGHT INDUSTRIAL, HOTEL, REGIONAL SHOPPING) TO
PLANNED DEVELOPMENT (GENERAL COMMERCIAL, LIGHT INDUSTRIAL,
HOTEL, REGIONAL SHOPPING, RESIDENTIAL).
ORDINANCE NO. 1946
DRAFT
éJj-f
Mayor, City of Cupertino
City Clerk
APPROVED:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Vote
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20" day of
September, 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the
4th day of October 2004, by the following vote:
Section 1. That section 2.2 Vested Elements, of the development agreement described as 1-
DA-90 is hereby amended to add a sub-section (D) adding the development proposed in U-2004-10
and ASA-2004-l4 as vested elements ofthe development agreement. Said section 2.2 D shall read as
follows:
(D) Applications U-2004-1O and ASA-2004-14 for 138,760 square feet of new retail space and
204 residential units on the "Rose Bowl" portion of the site and a parking structure as shown on the
approved exhibits for said applications.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
WHEREAS, an application was received by the City (Application no. M-2004-06) for the
modification ofa development agreement (I-DA-90) to encompass the development proposed in U-
2004-10 and ASA-2004-l4 for 138,760 square feet of new retail space, 204 residential units and a
parking structure; and
WHEREAS, the modification is consistent with the City's General Plan land use map, proposed
uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MODIFYING
A DEVELOPMENT AGREEMENT (I-DA-90) TO ENCOMPASS THE DEVELOPMENT
PROPOSED IN U-2004-10 AND ASA-2004-14 FOR 138,760 SQUARE FEET OF NEW RETAIL
SPACE, 204 RESIDENTIAL UNITS AND A PARKING STRUCTURE.
DRAFT
ORDINANCE NO. 1947
a.J.-1
The City Clerk shall cause this ordinance to be published at least once in a newspaper
of general circulation published and circulated in the City within 15 days after its adoption,
in accordance with Government Code Section 36933, shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of the Council of this City.
2. Publication Clause
C. A development zoning plan or conceptual zoning plan must be adopted as in effect
prior to the filing of a vested tentative map for the subject property.
18.28.050C Filin2 and Processin2
A. Whenever a provision of the Subdivision Map Act, as implemented and
supplemented by other provisions of this title, requires filing of a tentative map or
tentative parcel map, a vesting tentative map may instead be filed, in accordance with
provisions hereof.
I. Amendment
18.28.040 A.l!P.lication
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS
SECTIONS l8.28.040A AND l8.28.0S0C OF THE CUPERTINO MUNICIPAL CODE TO
READ AS FOLLOWS:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AMENDING SECTIONS 18.28.o40A and
18.28.050C OF THE CUPERTINO MUNICIPAL CODE
RELATING TO VESTING TENTATIVE MAPS
ORDINANCE NO. 1948
DRAFT
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2
Mayor, City of Cupertino
City Clerk
APPROVED:
ATTEST:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the Ci!y Council
PASSED:
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th
day of September 2004, and ENACTED at a regular meeting of the City of Cupertino this 4th
day of October 2004 by the following vote:
IteM =tÞ\~
City of Cupertino
Department of Community Developm
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
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EXHIBIT,~;t·
CUPERTINO CITY CLERK
GROOM MARGUERITE E
10053 JUDY AV
CUPERTINO CA
A.P.N.: 375-07-047
95014
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CUPERTINO WILL HOLD
A PUBLIC HEARING ON THE MATTER DESCRIBED BELOW: .
APN No(s) : 316-20-064, 316-20-055, 316-20-052, 316-20-063, 316-20-062, 316-20-
067, 316-20-081, 316-20-037, 316-20-038, 316-20-082, and 316-20-080
Application No. (s) :
Applicant:
Location:
Z-2004-01, U-2004-10, ASA-2004-14, M-2004-06,
Mike Rohde of Va11co Shopping Center
10123 and 10150 N. Wolfe Rd.
and EA-2004-11
Consider rezoning of a 7.5 acre site from Planned Development (General Commercial,
Light Industrial, Hotel, Regional Shopping) to Planned Development (General
Commercial, Light Industrial, Hotel, Regional Shopping I Residential); approving a Use
Permit to construct 204 residential units and a parking structure; approve
architectural and site approval for 138,760 square feet of new retail space, 204
residential units and a parking structure; and approve a modification of a
Development Agreement (1-DA-90) to encompass the development proposed in U-2Q04-10
and ASA-2004-14
This item is categorically exempt and is recommended for approval.
THE MEETING TIME THAT SAID APPLICATION WILL BE HEARD BY THE CITY COUNCIL WILL
BEGIN AT:
6:45 P.M. ON Monday, September 20th, 2004
The time this item will be heard on the agenda can not be predicted.
IN THE COUNCIL CHAMBERS OF CITY HALL, 10300 TORRE
TIME AND PLACE ALL PERSONS INTERESTED THEREIN MAY
MATTER. THE AGENDA FOR THIS APPLICATION WILL BE
AFTERNOON PRECEDING THE MEETING.
IF YOU CHALLENGE THE ACTION OF THE CITY COUNCIL IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING
DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF
CUPERTINO AT, OR PRIOR TO, THE PUBLIC HEARING.
AVENUE, CUPERTINO, AT WHICH
APPEAR AND BE HEARD ON SAID
AVAILABLE ON THE FRIDAY
NOTE: ITEM MAY BE SUBJECT TO CHANGE. IF INTERESTED IN AN ITEM, PLEASE CALL
PRIOR TO MEETING DATE TO VERIFY IF APPLICATION IS STILL ON THE AGENDA.
NOTE TO OWNERS OF RECORD: Notice to tenants is the responsibility of owners.
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Kim Smith
City Clerk
a..(/O-4-0Y'it '1
City of Cupertino EXH 1 B 11
cOPS Grant Options
FY 04/05
Second School Resource Officer (SRO) -
Utilize $100,000 from the COPS grant plus $5,000 from
FUHSD plus $5,000 from CUSD. City has applied to Rotary
for an additional $10,000.
Additional Full Time Code Enforcement Officer -
Utilize $90,000 from the COPS grant for an additional full-
time code enforcement officer.
Utilize $10,000 for miscellaneous equipment.
Radar Guns/Additional Part Time Code Enforcement
Officer -
Utilize $36,000 from the COPS grant for 24 radar guns at
$1,500 each. Current equipment is 3 years old. Estimated
useful life is 5-7 years.
Utilize $64,000 from the COPS grant for a part-time code
enforcement officer.
'.
