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CC 02-15-05 CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, January 18,2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CEREMONIAL MATTERS - PRESENTATIONS I. Proclamation declaring the week of January 30th - February 5th, 2005, as Catholic Schools Week in Cupertino. (No documentation in packet). No one was present to receive the proclamation. Mayor Kwok recognized the week as Catholic Schools Week in Cupertino, and honored the teachers and students from Catholic Schools. He said that St. Joseph of Cupertino School is an integral part of our community and that he would present the proclamation in person. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted a written correspondence from a citizen for item number 7; additional information from a speaker for items number 9 and 10; and the Community Hall availability calendar for item number IS. ORAL COMMUNICATIONS Deborah Hill, Wilkinson Ave., commented on traffic speeding issues in Cupertino, especially on Hyannisport, De Anza Blvd., Stevens Creek Blvd., Stelling Rd., McClellan Rd., and Rodrigues. She said she was following up on her earlier comments from another City Council meeting and the problem hasn't been resolved. She asked that speeding citations be given, and to have speed 3-1 January 18, 2005 Cupertino City Council Page 2 bumps added behind the library to slow down drivers. She distributed a letter to Mayor Kwok and the Assistant Director of Public Works, Glenn Goepfert. Dennis Whittaker asked that the City honor the families and acknowledge the sacrifices of those whose children are fighting in Iraq. Kwok acknowledged all the children of Cupertino residents who are fighting and their sacrifices, and said they would be in our prayers. James commented that at a previous City Council meeting, Cupertino honored the men and women fighting across the world, and did a proclamation for someone who was seriously injured. She said she appreciated Mr. Whittaker bringing the issue to the community's attention. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 2. Adopt resolutions accepting Accounts Payable for December 17, 31, and January 7, Resolution Nos. 05-013 to 05-015. 3. Adopt a resolution accepting Payroll for December 29, Resolution No. 05-016. 4. Accept city projects performed under contract: Furnishing and Installing Uninterrupted Power Supply (UPS) Systems and External Traffic Signal Cabinets for Arterial Traffic Signals At Various Locations, Project 03-9547 (Republic Electric). (No documentation in packet). 5. Accept municipal improvements (on-site and off-site improvements, including grading, curb and gutter) for Roger Low and Jing-Ling Lw; Sherman Tuan and Yun Zheng; Sheng Hwa Ho and Wei-Tai Fen Ho, 22279-22299 Janice Avenue. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 6. Consider the renewal of bingo permits for St. Joseph of Cupertino Church and Cupertino Coordinating Council. Deputy City Clerk Grace Schmidt reviewed the staff report. James/Lowenthal moved and seconded to renew the bingo permits. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 7. Consider a request by Toll Brothers for authorization to apply for a General Plan Amendment to allow up to 460 additional residential units in the Valko Park Planning Area. The 460 residential units are part of a proposed residential and commercial 3-2. January IS, 2005 Cupertino City Council Page 3 development that includes 90,000 square feet of commercial on 26 acres located north of Stevens Creek Boulevard between Wolfe Road and Tantau Avenue. Community Development Director Steve Piasecki reviewed the staff report and said that the current proposal is 460 residential units, 90,000 square feet of retail, 1.4 acres of park space, and 27 units per acre. He said that staff recommends the original Council direction of August 17,2004, which would require a park, reduce the residential units, and keep the retail space as large as possible. He reviewed the site plans, and talked about the opportunity of using the last big portion of land left in Cupertino for "big box" retail, such as a Costco, that would bring in tax dollars for Cupertino. He stressed that Council's decision tonight was whether to authorize the applicant to submit a General Plan Amendment application. Jim Meeks, Toll Brothers applicant, corrected some errors in the site plans including changing the name of "Valko Park Plaza" in the original application to "Calabazas Place," and further discussed the project. Dan Solomon, the principal planner, designer, and architect for the project, explained some of the physical and design aspects of the overall plan including: Retail uses; a narrowed and landscaped Valko Parkway; courtyards, greenways, and public park area; pedestrian and public space access in the retail area; vehicular access including access for service trucks; and the different kinds of housing units. Jack Barrito, retail specialty developer, described the retail portion of the project. He said that Whole Foods Market, an existing retailer in Cupertino, is looking for an opportunity within Cupertino to expand from 28,000 to 50,000 or 60,000 square feet. He said that Whole Foods would be the principal focus in anchoring this mixed-use site, and Whole Foods would also help to attract a major bookstore to Cupertino. Ken Rodrigues, project architect for the retail component of the project, further discussed the project, including parking solutions to help create a pedestrian-friendly environment. At 8:06 p.m. the public hearing was opened. The following individuals had concerns about or were opposed to the project: Catherine Thaler, Stern Ave. Mihai Beffa, Greenleaf Dr. Arik Donde, Stendhal Lane Tom Hugunin, La Roda Ct. Patricia Smith Dennis Whittaker Lisa Warren, Judy Ave. Edward "Ned" Britt Jennifer Griffin, Calvert Dr. Jack Hubby, Lindy PI. Deborah Hill 3-3 January IS, 2005 Cupertino City Council Page 4 Their comments included: The neighborhood park would only be accessible by foot and could not be used by the larger community; the trees along Stevens Creek were left off in the plans; Cupertino wouldn't gain very much by just moving one retailer from one location to another; the project glorifies a more urban and European lifestyle and would change the character of the city; rural is better than urban; there would be negative impacts on parking, traffic, congestion, schools, utilities, sewer system and other infrastructure; it should be voted on by the residents; a grocery store and a bookstore wouldn't generate very much sales tax revenue for Cupertino; too much housing would impact schools and utilities; housing produces no revenue, which the City needs; the applicant didn't follow the Council's previous direction in this new proposal; this is a good project in the wrong place; retain the property as a good example of a green belt and keep the trees; Cupertino needs retail, particularly big box retail, and the project isn't big enough. The following individuals were in favor of the project: Mark McKenna, representing the Cupertino Chamber of Commerce Stanley Tseng, Galway Dr. Their comments included: The project site space is currently zoned for office, which doesn't do the City any good; the right blend of housing and retail in that site would do the best for the City; more housing should be encouraged in Cupertino, especially affordable. At 8:36 p.m. the public hearing was closed. Council asked questions and discussed the project, including the economic impact of having "big box" retail, like Costco, in the area. James' comments included: She wouldn't consider any number of units above 400; wouldn't consider anything under 100,000 square feet of retail space; the school districts are positive about the development and the schools have said they have space for new students; reduce the 4-story units to 3-story units; add more parkland; she likes the idea of doing the BMR units over the retail; pedestrian linkages are good; the project needs a dramatic entrance; she is not convinced about the "European auto court" solution for parking; and she would vote to move the process forward. Wang's comments included: The housing units would add another 2000 people within 30-acres, which is 5% of Cupertino's population; the residential units are not enough to generate enough property tax to help with the City's deficit; 3.5 acres is not a big enough park space and doesn't generate enough revenues; traffic on Valko Parkway and Tantau Avenue would increase; the old General Plan can't handle more units in the Valko area; wants to wait until the new General Plan is approved before moving forward with this proj ect. 3 -c( January IS, 2005 Cupertino City Council Page 5 Lowenthal's comments included: 3.5 acres of park is a good size; Rancho Rinconada needs a park; this project wouldn't add to the jobs/housing problem; 150,000 and larger square feet of retail is needed; the traffic circulation needs some work; parks should have amenities and adequate parking; would recommend moving forward with the process. Sandoval's comments included: Below market rate units should be integrated throughout the project; wants a grocery store in the area; need more information on the retail aspect; 1.5-acre park space is too small; need adequate parking for the parks; the retail sidewalks should be wide enough for strollers and to walk side by side through the café areas; a bus stop should be incorporated into the plan; enforce no cars in the pedestrian area; incorporate art and other visual attractiveness besides trees and flowers; not in favor of "big box" retail because they hurt other establishments and cause traffic problems; wants retail that the community would like and use; supports moving forward with the process to see what the community thinks. Kwok's comments included: Require a minimum of 3.5 acres of parkland; create a park for Rancho Rinconada; he was opposed to giving public land for private development and parking; he was receptive to below 400 units; he was not in favor of 4-story buildings; he supports the "big box" retail; he supports moving the process forward to receive more public input. Lowenthal/Wang moved to authorize the applicant to apply for a general plan amendment to proceed with the hearings, and to require 255 market units, 45 below market rate units, 3.5 acres of park space, a Rancho Rinconada park, and 180,000 square feet of retail space. James offered a friendly amendment to require a minimum of 100,000 square feet of retail. Lowenthal accepted the amendment but Wang did not. Sandoval then seconded the amended motion for purposes of discussion. Council discussed the pros and cons of "big box" retail. Administrative Services Director Carol Atwood said the potential revenue of a "big box" retailer would be $1-2 million per year, and the current proposed development would be $110,000 to $120,000 per year. She recommended the "big box" retailer. Kwok told the developers that he would only offer his support with a minimum of 125,000 square feet of retail. A vote was taken on the motion, and it carried by the following votes: Ayes: Kwok, Lowenthal, Sandoval, and James. Noes: Wang. Absent: None. The motion was as follows: To authorize the applicant to apply for a general plan amendment, to proceed with the hearings, and to require 255 market units, 45 below market rate units, 3.5 acres of park space, a Rancho Rinconada park, and a minimum of 100,000 square feet ofretail space. ]-J January IS, 2005 Cupertino City Council Page 6 RECESS Mayor Kwok called a recess at 9:45 p.m. Council reconvened at 9:51 p.m. UNFINISHED BUSINESS 8. Consider amendments to Chapter 19.28 of the Cupertino Municipal Code (RI Single- Family Residential Zone Ordinance), Application No.(s) MCA-2003-02, EA-2002-15, City of Cupertino, Citywide. (This item was continued from 1/4/05): a) Grant a negative declaration b) Conduct the first reading of Ordinance No. 1954: "An Ordinance of the City Council of the City of Cupertino Approving an Amendment to Title 19, Chapter 19.28, Single Family Residential Zones (RI) ofthe Cupertino Municipal Code." Lowenthal/Sandoval moved and seconded to grant a negative declaration. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang Noes: James. Absent: None. Wang amended the ordinance on page 8-7, section 19.28.060, section title E, to read "Setback-Second Story" instead of "Setback-Second Floor." The Deputy City Clerk read the title of the ordinance. Lowenthal/Wang moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang. Noes: James. Absent: None. James said she voted no because she consistently voted no on the additional square footage on the second story. NEW BUSINESS Item numbers 9 and 10 were taken together, with each applicant given a chance to testify separately. 9. Consider an appeal of Code Enforcement's decision to deny Massage Permit Application No. C-0401118 for Agnes Sun. 10. Consider an appeal of Code Enforcement's decision to deny Massage Permit Application No. C-0401119 for Hui Niu. Deputy City Clerk Grace Schmidt swore in the translator and those participating in the hearings for both item numbers 9 and 10. Code Enforcement Officer Gary Kornahrens reviewed the staff report. 3-~ January 18, 2005 Cupertino City Council Page 7 Attorney Stephen Gorman asked questions of Mr. Kornahrens on behalf of his clients, Agnes Sun and Hui Niu. Dr. Mitchell Roth testified regarding the massage examination, and answered questions from the City Council and Mr. Gorman. Mr. Gorman accepted the staff presentation and Dr. Roth's answers to his questions as the same for both applicants. Applicants Agnes Sun and Hui Niu testified individually, and answered questions from Mr. Gorman. Dr. Roth responded to the applicants' testimony. Jacqueline Noonan spoke on behalf of the applicants. She encouraged Council to look at the educational background of the applicants and realize that the only problem is a language barrier. Mr. Gorman summarized his legal argument. James/Sandoval moved and seconded to deny the appeals from both applicants, and directed staff to examine the process to see if it warrants any changes to the ordinance and to report back in 3 months. The report shall include the following: · What criteria are the applicants tested on. · What are applicants accountable for on the test. · Is an interpretation service equitable. · How can the City insure that the information provided to the applicant is clear and concise. · Consider simplifying the City's process, taking into consideration that complaints must be lodged on a timely basis. · Specify qualifications of the interpreters. · How can the exam results be evaluated · Find out if it is still appropriate to use Swedish massage as the baseline criteria. · Find out if there is a process in which the applicant can question the procedure of an exam. · Include in the report all the changing and evolving types of massage therapy that may be employed in our community. Vote: Ayes: Kwok, Lowenthal, Sandoval, James Noes: Wang. Absent: None. NEW BUSINESS II. Conduct the first reading of Ordinance No. 1956: "An Ordinance of the City Council of the City of Cupertino repealing Chapter 2.06 of the Cupertino Municipal Code regulating Campaign Finance." ]-7 January 18, 2005 Cupertino City Council Page 8 City Attorney Charles Kilian explained that three of the Council members had a conflict of interest on item II because this item could affect them financially if they chose to run for City Council again. He said that the law did allow an abstaining member to vote if it was necessary for a quorum, and a random drawing earlier had selected Mayor Kwok as the voting member. Council members Sandoval and Wang left the Chamber. The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. The motion carried unanimously with Council members Sandoval and Wang absent. Council members Sandoval and Wang were again present in the Chamber. 12. First reading of Ordinance number 1957: "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 Time." The Deputy City Clerk read the title of the ordinance. James/Wang moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. The following individuals were opposed to changing the regular Council meeting time: Tom Hugunin, La Roda Ct. Dennis Whittaker Keith Murphy Their comments included: a survey showed that most other City Councils in the area begin their meetings at 7:00; moving the time up would limit public discussion; most residents don't get off work until 6:00 p.m. After Council discussion, it was decided that any closed sessions would start at 6:00 p.m. and the regular meetings would still begin at 6:45 p.m. Council directed staff to come back with an amended ordinance for a first reading. No vote was necessary at this time. 13. Schedule a joint meeting with the Parks and Recreation Commission to discuss the Stevens Creek Corridor project. Council concurred to schedule the meeting for March 7, 2005, at 7:00 p.m. in the Council Chamber. ]-5 January 18, 2005 Cupertino City Council Page 9 14. Consider setting aside one day per month for additional Council meetings, as needed. (No documentation in packet). Council concurred to set aside the first Monday of every month beginning in April, as needed, at 6:45 p.m. in the Council Chamber for any additional meetings. 15. Set a date for the annual Council goal setting session. (No documentation in packet). Council concurred to schedule the meeting for February 4, 2005, from 2-5 p.m. in the Council Chamber. 16. Review Council committee assignments. (This item was continued from 1/4/05). Council members concurred to accept the list of committee assignments as shown in the backup. ORDINANCES - None STAFF REPORTS 17. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood reviewed a handout on the City's financial cash flow projections comparing year to year for December 2004. She reported that most of the General Fund revenues are well below budget projection due to the State's withholding of City revenues, but the City should be on budget at year-end close; the City is up in building permits, engineering fees, and zoning and planning fees due to the new fee schedule; sales tax and property tax is holding the line; Transient occupancy tax is up slightly; utility tax is down, as well as use of money in property; the City is below budget on expenditures primarily from savings from hiring freezes. 18. The next General Plan meeting is January 25. The subject is Land Use and will include the Housing Commission and Fine Arts Commission. The hearing will be in the Cupertino Community Hall, 10350 Torre A venue. (No documentation in packet). City Manager David Knapp invited the public to participate at the hearing on January 25. J-1 January 18, 2005 Cupertino City Council Page 10 COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including: the Bay Area Council in Oakland regarding the economy and jobs in Silicon Valley in 2005; a tour of the new Sheriff's Westside Substation - the grand opening will be February 2; beginning of CERT classes; first issue of new stamps honoring the 12 zodiac animals of the Chinese calendar, and in celebration of the Year of the Rooster; ribbon-cutting of Curves at McClellan and Foothill; swearing-in ceremony of Chamber of Commerce officers; community involvement programs at De Anza College; professor in Inter-Cultural and International studies at De Anza College speaking on the "Limitations of Aspiring to a Color-Blind Society"; Library Foundation Fundraiser on January 29 called, "Just for us Girls" at the Quinlan Community Center from 6-11 p.m.; town hall meeting with Sally Lieber; new granddaughter for Mayor Kwok. ADJOURNMENT At 11 :50 p.m. the meeting was adjourned. Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364. }-/ô (I F CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 1, 2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclaim the week of Feb 6 - 12, Future Business Leaders of America Week III Cupertino. Mayor K wok presented the proclamation to three students representing the organization. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Milind Parikh said that he was a victim of a burglary last Saturday, and although he called 911 the officer didn't arrive for a half hour. He talked about a systemic failure to address the root causes of such crimes and asked how they could be prevented in the first place. He felt that there should be more officers on the street and responses to burglaries should be less than five minutes. Captain John Hirokawa, Santa Clara County Sheriffs Office, said there were two other burglaries in the same neighborhood on the Friday before. The Sheriff's Office plans to increase patrols and concentrate in that area. He explained that calls to 911 are prioritized based on whether the crime is in progress or has already taken place, and in this case the burglary was a prior property crime, and an officer response could take up to a halfhour. Michael Foulkes, President of the Chamber of Commerce, thanked the city for its partnership in the Chamber installation of officers and the State of the City address at the Rotary Club. He said this year the Chamber will focus on smart growth, and their new chief executive officer would )-11 February 1, 2005 Cupertino City Council Page 2 work with the city manager and staff to streamline the communications from the Chamber to the City. Deborah Hill asked for assistance in finding affordable housing. Her current housing situation will end in three weeks and she is looking for a place to live with her dog. She also thanked the Sheriff's Office for their increased traffic patrols that are helping to slow down speeders. Councilmember Lowenthal said that he would follow up with Cupertino Community Services on behalf of Ms. Hill. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 2. Approve the minutes from the January 4 and 10 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for January 14 and 21, Resolution Nos. 05-017 and 05-018. 4. Adopt a resolution accepting Payroll for January 14, Resolution No. 05-019. 5. Adopt a resolution accepting the Treasurer appointment, Resolution No. 05-020. 6. Adopt a resolution approving the destruction of records from the City Clerk, Parks and Recreation (Quinlan Community Center), Finance, City Manager, and Public Works departments, Resolution No. 05-021. 7. Accept applications for an Alcoholic Beverage License: a) Lori's Diner, 19930-19936 Stevens Creek Blvd. (former Rib Crib site) b) Chevron Stations, Inc., 10023 S. De Anza Blvd. (SW corner of De Anza and Stevens Creek Blvds.) c) Matsuya Japanese Cuisine, 20625 Alves Dr. d) Florentine Restaurant, 10275 S. De Anza Blvd. 8. Approve Planning Commission nomination of Gilbert Wong as Environmental Review Committee representative and Marty Miller as Environmental Review Committee Alternate. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS - None UNFINISHED BUSINESS - None ]-12.. February 1,2005 Cupertino City Council Page 3 NEW BUSINESS 9. Approve the conceptual design of a cable-stayed structure for the Mary Avenue Bicycle Footbridge and adopt Resolution No. 05-022 approving an application for additional funding from the Santa Clara Valley Transportation Authority in the amount of $1,560,000 for the Mary Avenue Bicycle Footbridge project, and approve a commitment of $75,000 in additional local matching funds for a total funded project budget of $8,750,000, and authorize to seek additional funding sources in an amount up to $500,000 as an additional cost escalation contingency, for a total projected budget of $9,250,000. Public Works Director Ralph Qualls discussed the project budget and funding sources. He said that construction should be complete by December 2006. City Architect Terry Green described the 13 acres of landscaping, the artistic enhancements to the required fencing, and the increases in the costs of concrete and steel. He discussed the other types of bridges that were considered, and said this cable bridge was chosen because of the substantial statement it creates, the enhancements in stability and safety that have been made over the years, and the ability to purchase materials "off the shelf' instead of requiring them to be custom-made. Qualls said that they have an agreement with Ca1trans that highway signage will not be placed on this bridge; however, he would pursue a suggestion by Council to use the bridge as a gateway opportunity, and would keep the Council involved in those discussions. Kevin Jackson, a member of the Sunnyvale Bicycle Pedestrian Committee, reported that they would be receiving an addition $50 million in funding, so grants will now be issued based on regional importance and whether projects are ready to proceed. The Mary A venue footbridge is also at the top of both of those lists, so the VT A funding commitment is practically iron clad. Deborah Hill spoke in support ofthe project, and said it was a very elegant design and an excellent use of regional funding. . David Greenstein, a member of the Cupertino Bicycle Pedestrian Commission, said they had spent many months working through the public process to make this bridge a reality, and he urged Council's approval of the adjusted budget. Sandoval/Lowenthal moved and seconded the following, and the motion carried unanimously. 1. Approve the conceptual design of a cable-stayed structure for the Mary Avenue Bicycle Footbridge 2. Adopt Resolution No. 05-022, approving an application for additional funding from the Santa Clara Valley Transportation Authority in the amount of $1,560,000 for the Mary Avenue Bicycle Footbridge project 3. Approval of a commitment for $75,000 in additional local matching funds 3-17 February !, 2005 Cupertino City Council Page 4 4. Approve an additional $500,000 as a cost escalation contingency 5. Approve a total projected budget of $9,250,000. 10. Consider funding priorities for the third year Community Development Block Grant (CDBG) program allocation, review the CDBG schedule, and recommend a budget amount for the general fund service grants. Senior Planner Vera Gil explained that CDBG program is a federal entitlement grant based on a formula, and the Human Service grants program is an allocation from the city's general fund given to nonprofit agencies for services needed in this community. Council members discussed the funding priorities for public services listed in the consolidated plan, and felt that food, emergency shelter, clothing and other support services should receive higher priority. Gil explained that the list was also influenced by what services the city already offers, such as the rotating shelter. She said Council can continue to use their own priority lists now, and these tables can be updated when the consolidated plan is reviewed. Gil noted that she had recently received a letter from the Department of Housing and Urban Development recommending that the city fund fewer agencies with larger grants. The Council asked that the Housing Commission review that recommendation. Lowenthal/Sandoval moved and seconded that all agencies should be directed to apply using the standardized CDBG grant application form, and those that do not receive CDBG funds will still be considered for Cupertino's Human Service grant funds, so that there will be two award processes based upon a single application. The motion carried unanimously. 11. Consider adopting a resolution to purchase property on Cleo Avenue for affordable housing, Resolution No. 05-023. Deborah Hill, a Cupertino resident, talked about the high cost of "affordable housing." James/Wang moved and seconded to adopt Resolution No. 05-023, and the motion carried unanimously. 12. Consider a fee waiver request from We, The Parents. City Manager David Knapp explained that We, the Parents is a group of residents who have children at Stevens Creek Elementary School. This group held a meeting in the Quinlan Community Center on January 24 to correct some of the poor information that came out in the press about the school, and the group is requesting a waiver of the rental fee of $112.50. James/Lowenthal moved and seconded to deny the fee waiver, and the motion carried unanimously. J-N February 1,2005 Cupertino City Council Page 5 13. Review and comment on Santa Clara County Local Agency Formation Commission's (LAFCO) draft Island Annexation Policies and Maps of Unincorporated Islands. James/Wang moved that the City Council review and comment on the draft policies, which staff will summarize in a memorandum to LAFCO; and moved to authorize development of a city-initiated annexation program for the remaining unincorporated islands. The motion carried unanimously. 14. Select application deadline and interview dates for the Teen Commission. Council concurred with the following deadlines: Applications due in the Clerk's Office: Council members receive matrix of applicants: Council members return matrix to Clerk: Council members receive final packet: Interviews held at 3 :00 p.m., Conf. Rm. A, City Hall Friday, May 6 Thursday, May 12 Friday, May 20 Wednesday, May 25 Tuesday, May 31 15. Conduct the first reading of Ordinance number 1958: "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 Closed Session Meeting Time," to begin closed session meetings at 6:00 p.m. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The motion carried unanimously. ORDINANCES 16. Conduct the second reading of Ordinance No. 1954: "An Ordinance of the City Council of the City of Cupertino Approving an Amendment to Title 19, Chapter 19.28, Single Family Residential Zones (Rl) of the Cupertino Municipal Code." 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. The motion carried with Council member James voting no. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 1954. The motion carried with Council member James voting no. 17. Conduct the second reading of Ordinance No. 1956: "An Ordinance of the City Council of the City of Cupertino repealing Chapter 2.06 of the Cupertino Municipal Code regulating Campaign Finance." Council members Wang and Sandoval did not participate in the discussion or voting on this item because ofa conflict of interest. Mayor Kwok also had a conflict of interest, but at the first reading of this ordinance his name had been drawn by lot to create a quorum for voting purposes. 3-/) February 1,2005 Cupertino City Council Page 6 James/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Motion carried with Council members Wang and Sandoval absent. James/Lowenthal moved and seconded to enact Ordinance No. 1956. Motion carried with Council members Wang and Sandoval absent. 18. The next General Plan hearing is scheduled for February 8, 2005 at 6:45 PM in the Community Hall Council Chamber. The subject is Land Use, with a focus on Open Space, Parks and Trails and on specific properties proposed for changes in land use designations. (No documentation in packet). City Manager David Knapp announced this meeting and invited the public to participate. STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the following items: · Discussions with the Historical Society and California History Center at DeAnza College regarding the restoration and possible use of the Stocklmeir property · An all-mail election will be held to form a community facilities district to replace the library benefit assessment district · Progress on the Lunar New Year Unity parade · Thanks to the Rotary Club for sponsoring the Mayor's State of the City address, and congratulations to the Mayor for his excellent presentation · A recent 5 C's lecture on the Paradox of Race and Ethnicity · A successful fundraiser for the library titled "Just Us Girls", which will become an annual event · A request for staff to investigate why the library building lights remain on late into the evenmg · The upcoming Golden Jubilee of the city and anniversary celebrations by the Rotary Club and Chamber of Commerce · An invitation to the community to attend the open house at the new Sheriffs station on DeAnza Boulevard in Cupertino · Notice that City Hall had been closed on Monday, January 31 because the city employees were on an unpaid work furlough CLOSED SESSION - None j-Ib February 1,2005 Cupertino City Council Page 7 ADJOURNMENT At 9:10 p.m. the meeting was adjourned to Friday, February 4 from 2-5 p.m. to hold a goal setting session, Council Chamber, Community Hall, 10350 Torre Avenue. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364. 3-/7 DR4Fr RESOLUTION NO. 05-024 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 JANUARY 28, 2005 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: ~ a{}~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of Februarv , 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 4~1 Qv 01/27/05 CITY OF CUPBRTINO PAGB 1 ACCOUNTING PERIOD: 7/05 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: tranaact.trans_date between ftO~/24/2005" and "0:1./28/2005" FUND - 210 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VBNDOR------------- FUND/DEPT -----DESCRIPTION------ SALSS TAX AMOUNT 1020 615468 V 12/22(04 2415 SIMON MARTIN-VEGUB WINKS 4239222 PUBLIC WORKS CONTRACT 0.00 -825.00 1020 615468 V 12/22/04 2415 SIMON MARTIN-VEGUB WINKE 4239222 PUBLIC WORKS CONTRACT 0.00 -525.00 1020 615468 V 12/22/04 2415 SIMON MARTIN-VEGUB WINKB 4239222 PUBLIC WORKS CONTRACT 0.00 -21631.86 TOTAL CHECK 0.00 -22981.86 1020 615871 01/28/05 M ADAM, SHARON 580 Refund: Check - WINTER 0.00 82.00 1020 615872 01/28/05 1680 ADVANTAGE GRAFIX llO7501 COUNTER CHECKLISTS 0.00 491.70 1020 615872 01/28/05 1680 ADVANTAGE GRAFIX 1107501 INSPECTION NOTICES 0.00 386.48 TOTAL CHECK 0.00 878.18 1020 615873 01/28/05 M2005 AGASTYA, HARrSH 110 UNUSED NOTICING DPST 0.00 69.81 1020 615874 01/28/05 2330 AMERICAN INDUSTRIAL supp 1108303 GRIME GOBBLER 0.00 394.19 1020 615874 01/28/05 2330 AMERICAN INDUSTRIAL SUPP 1108303 GRIME GOBBLER/TOWELS 0.00 394.19 1020 615874 01/28/05 2330 AMERICAN INDUSTRIAL SUPP 1108303 SUPPLIES A27289 0.00 346.82 1020 615874 01/28/05 2330 AMERICAN INDUSTRIAL SUPP 1108303 GRIME GOBBLER A27288 0.00 394.19 TOTAL CHECK 0.00 1529.39 1020 615875 01/28/05 2849 AMERICAN LBGAL PUBLISHIN 1104300 FY 2004-2005 OPEN PORe 0.00 104.36 1020 615876 01/28/05 3270 APPLIED GEOGRAPHIC SOLUT 6109853 LICENSE AGREEMENT FOR 0.00 1000.00 1020 615877 01/28/05 M2005 B.K. DEVELOPMENT CORP. 110 UNUSED DEPOSITS 0.00 400.00 1020 615878 01/28/05 "8 SAP AUTO PARTS 6308840 FY 2004-2005 OPEN FORe 0.00 35.38 1020 615878 01/28/05 "8 8AP AUTO PARTS 6308840 FY 2004-2005 OPEN PORe 0.00 38.13 TOTAL CHBCK 0.00 73 .51 1020 615879 01/28/05 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN FURe 0.00 157.88 1020 615879 01/28/05 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN FURC 0.00 27.93 TOTAL CHECK 0.00 185.81 1020 615880 01/28/05 100 8MI IMAGING SYSTEMS 1104300 FY 2004-2005 OPEN PORC 0.00 873 .58 1020 615881 01/28/05 2063 BRIDGE WIRELESS 1108501 BATTERIES/RBP~RS 0.00 444.95 1020 615882 01/28/05 2895 BROWING-FERRIS INDUSTRIB 5208003 VOLUMNB DEC2004 0.00 118416.93 1020 615883 01/28/05 2682 CALIFORNIA CAD SOLUTIONS 6109853 TECHNICAL SERVICE 0.00 125.00 1020 615884 01/28/05 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW R27638 0.00 1200.00 1020 615884 01/28/05 1476 CANNON DESIGN GROUP 110 R#27885 ARCHITECT RVW 0.00 1000.00 1020 615884 01/28/05 1476 CANNON DESIGN GROUP 110 R#25340 ARCHITECT RVW 0.00 200.00 TOTAL CHECK 0.00 2400.00 1020 615885 01/28/05 2232 CARIAGA, LOURDES 110 SSGARNSMNT 0.00 103.84 1020 615885 01/28/05 2232 CARIAGA, LOURDES 110 CSGARNSMNT 0.00 306.50 TOTAL CHECK 0.00 410.34 1020 615886 01/28/05 146 CASH 1106248 P.CASH 1/10-1/19 0.00 70.27 RUN DATE 01/27/05 TIME 08:33:29 - FINANCIAL ACCOUNTING L(-.2 01/27/05 CITY OF CUPERTINO PAGB 2 ACCOUN'rlNG 'PRRIOD ~ 7/05 CHECK REQlSTER - DlSE1W.SEMRNT F\J\1D SELECTION CRITERIA: traneact.trans_date between "O~/24/2005" and "01/28/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO I¡SSUB DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 615886 01/28/05 14" CASH 1106343 P.CASH 1/10-1/19 0.00 38.55 1020 615866 01/28/05 14" CASH 1106344 P.CA.SH 1/10-1/19 0.00 14.13 1020 615886 01/28/05 14" CASH 5806249 P.CASH 1/10-1/19 0.00 42. OJ 1020 615886 01/28/05 14" CASH 5B06349 P.CASH 1/10-1/19 0.00 47.30 1020 615886 01/28/05 14" CASH 5806349 P. CASH 1/21-1/25 0.00 47.91 1020 615886 01/28/05 14" CASH 1106265 P.CASH 1/21-1/25 0.00 141.16 1020 615886 01/28/05 14" CASH 1106200 P.CASH 1/21-1/25 0.00 8.53 TOTAL CHECK 0.00 409.88 1020 615887 01/28/05 M200S CBNTEX HOMBS no UNUSBD MAILING DPST 0.00 105.66 1020 615888 01/28/05 1057 CBRIDIAN BBNBFITS SBRVIC no *FLEX DBP/240125 0.00 14.43 1020 615888 01/28/05 1057 CERIDIAN BBNEFITS SERVIC 110 *FLEX HLTH/240125 0.00 433.60 TOTAL CHECK 0.00 448.03 1020 615889 01/28/05 1156 CHA 110 CHA 0.00 93.00 1020 615890 01/28/05 M2005 CHICAGO PIZZA & BRBWERY no UNUSBD NOTICING DPST 0.00 336.37 1020 615891 01/28/05 M CHUNG. QUYEN 580 Refund: check - WINTER 0.00 14.00 1020 615892 01/28/05 1612 BARRIB D COATE no ARBORIST RVW R28055 0.00 488.75 1020 615893 01/28/05 17. COLONIAL LIFE & ACCIDBNT no COLONIAL/B7013899 0.00 290.92 1020 615893 01/28/05 17. COLONIAL LIFB & ACCIDENT no *COLONIAL/E7013899 0.00 194.59 TOTAL CHBCK 0.00 485.51 1020 615894 01/28/05 M2005 CONSTRUCTION MANAGEMENT 110 UNUSED NOTICING DPST 0.00 432.75 1020 615895 01/28/05 1.1 CUPERTINO CHAMBBR OF COM 1108001 T.GRBBNE 0.00 25.00 1020 615895 01/28/05 1.1 CUPBRTINO CHAMBER OF COM 1101000 D. SANDOVAL 0.00 25.00 1020 615895 01/28/05 "'" CUPERTINO CHAMBBR OF COM 1104000 C.ATWOOD 0.00 25.00 1020 615895 01/28/05 "'" CUPBRTINO CHAMBER OF COM 1104300 K.SMITH 0.00 25.00 1020 615895 01/28/05 191 CUPERTINO CHAMBER OF COM 1106100 T.SMITH 0.00 25.00 1020 615895 01/28/05 191 CUPERTINO CHAMBER OF COM 1107200 S.PIASBCKI/C.WORDELL 0.00 50.00 1020 615895 01/28/05 1.1 CUPERTINO CHAMBER OF COM 1108001 R.QUALLS 0.00 25.00 TOTAL CHE,CK 0.00 200.00 1020 615896 01/28/05 1579 CUPERTINO LOC-N-STOR LLC 1108501 G-34 RENT FEE 2005 0.00 217.00 1020 615896 01/28/05 1579 CUPERTINO LOC-N-STOR LLC 1108503 G-33 RENT FEE 2005 0.00 217.00 TOTAL CHECK 0.00 434.00 1020 615897 01/28/05 M2005 CUPERTINO PLAZA PROF. BL no UNUSED NOTICING DPST 0.00 400.00 1020 615898 01/28/05 194 CUPERTINO SUPPLY INC 1108501 FY 2004-2005 OPBN PURC 0.00 40.63 1020 615899 01/28/05 M2005 D W K CONTRUCTION 110 UNUSED MAILING DPST 0.00 131.19 1020 615900 01/28/05 M2005 DAHLIN GROUP no UNUSED NOTICING DPST 0.00 400.00 1020 615901 01/28/05 209 DE ANZA SERVICES INC 1108512 JANITORIAL JAli/2005 0.00 1670.61 RUN DATE 01/27/05 TIME 08:33:29 - FINANCIAL ACCOUNTING L(-3 01/27/05 CITY OF CUPERTINO PAGB 3 ACCOUN'rlNG PERIOD: 7/0s C>!Ec:K REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between K01./24/200S" and "01/Z8/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VBNDOR------------- FUNDjCBPT -----DBSCRIPTION------ SALES TAX AMOUNT 1020 615!:101 01/28(05 20' DE ANZA SERVICBS INC 1108507 JANITORIAL JAN200S 0.00 2272.94 1020 615901 01/28/05 20. DE ANZA SERVICBS INC 1108509 JANITORIAL JAN2005 0.00 728.56 1020 615901 01/28/05 209 DE ANZA SBRVICBS INC 1108506 JANITORIAL JAN2005 0.00 353.77 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108504 JANITORIAL JAN200S 0.00 6369.39 1020 615901 01/28/05 20' DE ANZA SERVICES INC 5708510 JANITORIAL JANZOOS 0.00 4767.18 1020 615901 01/2a/05 20. DE ANZA SBRVICES INC 1108508 JANITORIAL JAN20DS 0.00 144.36 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108511 JANITORIAL JAN2005 0.00 1187.16 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108501 JANITORIAL JAN2005 0.00 2447.87 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108502 JANITORIAL JAN2005 0.00 8212.58 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108503 JANITORIAL JAN2005 0.00 2048.80 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108303 JANITORIAL JAN2005 0.00 1521.11 1020 615901 01/28/05 20. OE ANZA SERVICES INC 1108315 JANITORIAL JAN2005 0.00 760.57 1020 615901 01/28/05 20. DB ANZA SBRVICBS INC 1108314 JANITORIAL JAN2005 0.00 4563.39 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1109407 JANITORIAL JAN2005 0.00 1033.22 1020 615901 01/28/05 20' DE ANZA SBRVICES INC 5606640 JANITORIAL JAN2005 0.00 919.30 1020 615901 01/29/05 20. DE ANZA SBRVICES INC 1109505 JANITORIAL JAN2005 0.00 3605.92 1020 615901 01/29/05 20' DE ANZA SERVICES INC 1109302 JANITORIAL JAN2005 0.00 760.57 1020 615901 01/28/05 20. DE ANZA SERVICES INC 1108513 JANITORIAL DBC2004 0.00 650.07 TOTAL CHBCK 0.00 44017.27 1020 615902 01/28/05 M200S DB BAETS, ANDY 110 UNUSED NOTICING DPST 0.00 25.95 1020 615903 01/28/05 M2005 DBBRFIBLD REALTY 110 UNUSED DBPOSIT 0.00 136.00 1020 615904 01/29/05 1242 DIGITAL PRINT IMPRESSION 1104300 B. CARDS/K. GUERIN 0.00 51.71 1020 615904 01/29/05 1242 DIGITAL PRINT IMPRESSION 1104530 B.CARDS/A.WYKOFF 0.00 62.54 1020 615904 01/28/05 1242 DIGITAL PRINT IMPRESSION $208003 B.CARDS/R.NASIRI 0.00 62.54 TOTAL CHECK 0.00 176.79 1020 615905 01/28/05 1912 ELESCO:EMBRGBNCY LIGHTIN 1108502 SUPPLIES 0.00 68.74 1020 615906 01/29/05 242 BMPLOYMBNT DBVEL DEPT 110 SIT/932-0014-S 0.00 16348.38 1020 615907 01/29/05 243 EMPLOYMENT DBVELOPMENT 110 SDI/776-5260-0 0.00 1024.53 1020 615908 01/28/05 243 EMPLOYMENT DBVELOPMENT 1108201 ANNUAL RECONCILEMENT 0.00 285.81 1020 615909 01/28/05 260 FEDERAL EXPRESS CORP 1104300 COURIER SERVICE 0.00 13.09 1020 615909 01/2a/05 260 FEDERAL EXPRESS CORP 110 COURIBR SBRVICE 0.00 54.91 TOTAL CHECK 0.00 68.00 1020 615910 01/28/05 2361 FIRST BANKCARD 1108505 JAN2005 STATEMENT 0.00 386.82 1020 615911 01/28/05 2361 FIRST EANKCARD 1104001 JAN2005 STATEMENT 0.00 63.33 1020 615911 01/28/05 2361 FIRST EANKCARD 1101000 JAN2005 STATEMENT 0.00 205.30 1020 615911 01/28/05 2361 FIRST BANKCARD 4239222 JAN2005 STATEMENT 0.00 75.76 1020 615911 01/28/05 2361 FIRST BANKCARD 1104400 JAN2005 STATEMENT 0.00 183.52 TOTAL CHECK 0.00 527.91 1020 615912 01/28/05 2361 FIRST BANKCARD 5606640 JAN2005 STATEMENT 0.00 56.95 1020 615912 01/28/05 2361 FIRST EANKCARD 1104000 JAN2005 STATEMENT 0.00 47.80 RUN DATE 01/27/05 TIME 08:33:29 FINANCIAL ACCOUNTING ti-y 01/27/05 AccaUN'!ING 'PERIOD: 1/ Q S CITY OF CUPERTINO SELECTION CRITERIA: traneact.trans_date between "01/24/2005" and "01/28/2005" C\\ECR REGISTER - DISE1JRSE\\E\IJ: VUND FUND - 110 - GENBRAL FUND CASH ACCT CHBCK NO 1020 1020 TOTAL CHBCK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHBCK 1020 10.20 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL C'HSCK 615912 615912 615913 615914 615914 615914 615914 615914 615915 615916 615917 615918 615919 615920 615920 615920 615920 615920 615920 615920 615920 615920 615921 615922 615922 615922 615923 615924 615924 615925 615925 615925 ISSUS DT --------------VBNDOR------------- FUND/DBPT 01/28/05 01/28/05 2361 2361 01/28/0S 2361 01/28/05 2361 01/28/05 2361 01/28/05 2361 01/28/05 2361 01/28/05 2361 01/28/05 2977 01/28/05 M 01/28/05 2843 01/28/05 268 01/28/05 M 01/28/05 01/28/05 01/28/05 01/28/05 01/28/05 01/28/05 01/28/05 01/28/05 01/28/05 281 281 281 281 281 281 281 281 281 01/28/05 M2005 01/28/05 298 01/28/05 298 01/28/05 298 01/28/05 3008 01/28/05 3211 01/28/05 3211 01/28/05 01/28/05 01/28/05 3026 3026 3026 RUN DATB 01/27/05 TIMB 08:33:29 FIRST BANKCARD FIRST BANKCARD 1103600 6104800 FIRST BANKCARD 1104400 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD 1108504 1108501 1108503 1104400 1108506 FLUKE NETWORKS INC 6104800 FLUKER, PSI 580 FOLGER GRAPHICS INC. 110 FOSTER BROS SECURITY SYS 1108408 GANCHINA, SVETLANA 580 GARDENLAND GARDENLAND GARDBNLAND GARDBNLAND GARDENLAND GARDENLAND GARDBNLAND GARDBNLAND GARDENLAND 1108407 1108314 6308840 6308840 6308840 1108408 1108408 1108408 6308840 GODIWALA, PRASHANT 110 GRAINGER INC GRAINGER INC GRAINGER INC 1108005 6308840 1108830 GRAPHIC IMAGERY INC. 5606620 HARTFORD-PRIORITY ACCTS 110 HARTFORD-PRIORITY ACCTS 110 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 ---~-DBSCRIPTION------ JAN2005 STATEMBNT JAN2005 STATEMENT JAN2005 STATEMBNT JAN2005 STATEMENT JAN2005 STATEMENT JAN2005 STATEMBNT JAN2005 STATBMBNT JAN2005 STATEMENT QUOTE 1706958-1212395 REF: 311335 & 311336 PUBLIC NOTICING CARDS LOCKS/SUPPLIES Refund: Check - WINTER PARTS/SUPPLIES A27290 PARTS/SUPPLIES A27285 FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC PARTS/SUPPLIES A27276 PARTS/SUPPLIES A27277 PARTS/SUPPLIES A27277 FY 2004-2005 OPEN PURe UNUSBD DEPOSIT PARTS/SUPPLIBS FY 2004-2005 OPEN PURC FY 2004-2005 OPBN PURC BROCHURES PRINTING AD & D FEB05 LIFB INSURANCB FBB05 OB3 1539-0005 UNRBP 1539-0004 CEA 1539-0006 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 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 208.95 293.53 607.23 1103.96 51.62 266.52 549.60 1481.99 131.42 2481.15 3526.00 92.00 1704.23 55.21 72 .00 458.97 263.56 3.90 3.29 9.22 539.58 30.96 541.24 228.60 2079.32 317.29 65.78 28.94 39.90 134.62 2648.98 879.98 5279.85 6159.83 4197.58 3898.0B 6004.08 14099.74 LI-) 01/27/05 ACCOUIITING PBRIOD, 7 IDS CITY OF CUPERTINO CRBCK RBGISTBR - DISBURSBMBNT PUND SBLECTION CRITERIA: transac:t.trans_date between "O~!24/2005" and "01/28/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 615926 615927 615928 615929 615929 615929 515930 615931 615932 615933 615933 615933 615933 615933 615934 615935 615935 615935 615936 615937 615938 615939 615940 615941 615942 615943 615944 615945 ISSUB DT --------------VENDOR------------- FUND/DBPT 01/28/05 329 01/28/05 M20aS 01/2S/05 2612 01/28/05 01/28/05 01/28/05 1898 1898 1898 01/28/05 M200S 01/28/05 M200S 01/28/05 343 01/28/05 01/28/05 01/28/05 01/28/05 01/Z8/05 2528 2528 2528 2528 2528 01/28/05 2818 01/28/05 0~/28/05 0~/28/05 9" 952 952 01/28/05 3277 0~/28/05 M2005 01/28/05 M 01/28/05 385 01/28/05 M2005 01/28/05 2356 01/28/05 M 01/28/05 2942 01/28/05 1599 01/28/05 2431 RUN DATE 01/27/05 TIME 08:33:29 HIRSCH, BONNIB HBRNING UNDERGROUND SUPP 1108830 1104400 RONALD HOGUB HORIZON HORIZON HORIZON HUANG, TON-CHURa I I M C 5506549 1108303 1108314 1108303 1100000 ICMA RETIREMENT TRUST-45 110 1104300 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD JABCO JAM SBRVICBS INC JAM SERVICES INC JAM SERVICES INC PAT JOCIUS KAAREN STREETMAN KBLKAR, KIMAYA LAB SAFBTY SUPPLY LIN, JASON LYNX TBCHNOLOGIBS MA, JUSTINE 1108302 1108315 1108303 1108312 1108314 1108005 4209547 1109602 1109602 1104400 no 5.0 1108407 no 6109853 MACKB WATER SYSTBMS, INC 1108501 5.0 MANAGED HEALTH NETWORK I 1104510 MAYBBRRY SALES AND SERVI 1104400 -----DBSCRIPTION------ LAMINAIRB GE WITH POWS SUPPLIBS/TRAINING SBRVICE AGREEMENT FOR FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe BUSINESS LIC. TAX K.SMITH MBRSHP RNWL *ICMA FY 2004-2005 OPEN FY 2004-2005 OPBN FY 2004-2005 OPEN FY 2004-2005 OPEN FY 2004-2005 OPEN PURe PURe PURe PURe PURe SUPPLIES 9" YELLOW BALL LED COU MAS 12" PV SIGNAL HEAD MAS 12" PV SIGNAL HBAD TRAINING TOOLS UNUSBD DBPOSTI REF: 311004 & 311005 SUPPLIES A27280 45\PERF.BOND RBLEASE GIS BASEMAP UPDATBS Refund: Check - WINTBR RENTAL 2/1-3/3~/05 EMPLOYEE ASSIST PRGM GENERATORS 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 - FINANCIAL ACCOUNTING PAGB 5 AMOUNT 2630.49 150.00 200.00 48.44 295.47 ~06.99 450.90 163.00 1Z5.00 9027.14 111.40 111.39 111.40 111.40 111.39 556.98 718.0Z 32627.09 4546.50 -4546.50 32627.09 179.00 1400.00 97.00 535.08 6131.25 500.00 75.00 60.00 918.74 3596.00 l/~b 0),/27/05 CITY OF CUPERTINO PAGE 6 ACCOUN'!ING PERIOD: 7/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: traneact.trans_date between "0),/24/2005" and "0),/28/2005" FOND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VBNDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT ).020 6),5946 01/28/05 3041 MADHUWANTI MIRASHI 5506549 SERVICE AGREEMENT FOR 0.00 120.00 ),020 615947 01/2S/05 2567 MISDU 110 J TRYBUS 385960533 0.00 221.50 1020 615948 01/28/05 465 MOUNTAIN VIEW GARDEN CEN 1108315 py 2004-2005 OPEN PURC 0.00 23.27 1020 615948 01/28/05 465 MOUNTAIN VIEW GARDEN CEN 1108314 py 2004-2005 OPEN PURC 0.00 23.27 1020 615948 01/28/05 465 MOUNTAIN VIEW GARDEN CEN 1108303 FY 2004-2005 OPEN PURC 0.00 32.45 TOTAL CHECK 0.00 78.99 1020 615949 01/28/05 47> MYERS TIRE SUPPLY COM PAN 6308840 PARTS 274).3 0.00 20.48 1020 615950 01/28/05 302 NATIONAL DEFERRED COM PEN 110 *NAT'L DEF 0.00 16976.43 1020 615951 01/28/05 3263 THE NBTWORK GUYS INC 6109856 NOKIA IP380 ESSENTIAL 0.00 1275.00 1020 615951 01/28/05 3263 THE NETWORK GUYS INC 6109856 NOKIA IP380 ESSENTIAL 0.00 5516.96 TOTAL CHECK 0.00 6791.96 1020 615952 01/28/05 485 NBWMAN TRAFFIC SIGNS 2708405 FY 2004-2005 OPEN PURC 0.00 2040.00 1020 615953 01/28/05 M2005 NGUYEN, TIEP 110 UNUSED MAILING DPST 0.00 133.57 1020 615954 01/28/05 493 OFFICE DEFOT 1107503 OFFICE SUPPLIES 0.00 18.39 1020 615954 01/28/05 493 OFFICE DEPOT 5806249 OFFICE SUPPLIBS 0.00 362.24 1020 615954 01/28/05 4.3 OFFICE DEPOT 1104400 OFFICE SUPPLIES 0.00 76.80 1020 615954 01/28/05 493 OFFICE DEPOT 1104000 OFFICE SUPPLIES 0.00 17.15 1020 615954 01/28/05 493 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 135.55 1020 615954 01/28/05 493 OFFICE DEPOT 5806249 OFFICE SUPPLIES 0.00 84.72 1020 615954 01/28/05 493 OFFICE DEPOT 1104300 OFFICE SUPPLIES 0.00 143.56 1020 615954 01/28/05 4.3 OFFICE DEPOT ).).08201 OFFICE SUPPLIES 0.00 70.8q 1020 615954 01/28/05 4.3 OFFICE DEPOT 1108201 OFFICE SUPPLIBS 0.00 11.76 1020 615954 01/28/05 493 OFFICE DEPOT 1107503 OFFICE SUPPLIES 0.00 74.48 1020 615954 01/28/05 4.3 OFFICE DEPOT 1107503 RBF:271991640001 0.00 -23.17 1020 615954 01/28/05 493 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 109.13 1020 615954 01/28/05 493 OFFICE DEPOT 1107301 OFFICB SUPPLIES 0.00 29.83 1020 615954 0)./28/05 493 OFFICE DEPOT 1107503 OFFICE SUPPLIES 0.00 11.56 TOTAL CHECK 0.00 1122.80 1020 6).5955 0),/28/05 501 OPERATING ENGINBERS #3 110 UNION DUES 0.00 685.35 1020 615956 01/28/05 833 P E R S 110 PERS BMPLY 0.00 18784.86 1020 615956 01/28/05 833 P . R S 110 PERS 1959 0.00 111.60 1020 615956 01/28/05 833 P . R S 110 PBRS EM/OE 0.00 3l41.02 1020 615956 01/28/05 833 P E R S 110 PERS SPEC 0.00 145.08 1020 615956 01/28/05 833 P E R S 110 *PBRS BYBK 0.00 938.18 1020 615956 01/28/05 833 P B R S 110 PBRS OE3 0.00 3141.02 1020 615956 01/28/05 833 P E R S 110 *PERS BYBK 0.00 178.04 TOTAL CHECK 0.00 26439.80 ).020 615957 01/28/05 513 PACIFIC GAS & ELECTRIC ( 1108512 12/01-12/29 CCH 0.00 1835.70 RUN DATE 01/27/05 TIME 08:33:30 - FINANCIAL ACCOUNTING l(~l 01/27/05 CITY OF CUPERTINO PAGB 7 ACCOUNTING PERIOD: 7/05 CHECK RBGISTER - DISBURSEMENT FUND SBLECTION CRITERIA: transact. trans_date between "O~/24/2005" and ~O~/28/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 6159-58 01/28/05 M200S PAU, CONNIE 1100000 BUSINESS LIC. REFUND 0.00 122.64 1020 615959 01/28/05 52. PENINSULA DIGITAL IMAGIN 1108101 BMP SHBETS 0.00 70.90 1020 615960 01/28/05 533 PBRS LONG TERM CARE FROG 110 PERS LTC/#240S 0.00 104.42 1020 615961 01/28/05 54' PITNEY BOWES INe 1104310 FY 2004-2005 OPEN PURC 0.00 591.00 1020 615962 01/28/05 2932 ROMAN TIRES, INC. 6308840 PICKUP TIRES A27291 0.00 85.50 1020 615963 01/2S/05 3276 MITCHELL ROTH, D.C. 1104530 CONSULTANT FEES 0.00 775.00 1020 615964 01/28/05 602 ROYAL COACH TOURS 5506549 WHALE WATCH 1/19/05 0.00 795.53 1020 615964 01/28/05 602 ROYAL COACH TOURS 5506549 MOMA/FERRY BLDG 1/7 0.00 572.26 1020 615964 01/28/05 602 ROYAL COACH TOURS 5506549 WATSONVILLE 10/24/04 0.00 620.11 TOTAL CHBCK 0.00 1987.90 1020 615965 01/28/05 M SAITO, REIKO 580 Refund: Check - WINTER 0.00 72.00 1020 615966 01/28/05 '7' CITY OF SAN JOSE 1104530 ANIMAL SERV FEB2005 0.00 13833.33 1020 615967 01/28/05 258 SANTA CLARA COUNTY 110 V ORTEGA 563312780 0.00 588.00 1020 615968 01/28/05 2031 SANTA CLARA COUNTY CITIB 1101000 K.WANG DINNER 2/10 0.00 40.00 1020 615969 01/28/05 628 SANTA CLARA COUNTY SHERI 1102100 LAW ENFORCEMENT JANOS 0.00 518467.36 1020 615970 01/28/05 633 SANTA CLARA COUNTY SHBRI 5806349 DANCE 1/14 SBCURITY 0.00 481.99 1020 615971 01/28/05 2163 CITY OF SANTA CLARA 1107405 CON PLAN ASSESSMENT 0.00 4035.00 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1106100 P6021200058 11/2-2/2 0.00 24.90 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1108101 P6021200058 11/2-2/2 0.00 88.80 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1104310 P6021200058 11/2-2/2 0.00 5283.11 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1104000 P6021200058 11/2-2/2 0.00 40.95 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1101200 P6021200058 11/2-2/2 0.00 14.10 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1103300 P6021200058 11/2-2/2 0.00 1.95 1020 615972 01/28/05 1150 WELLS FARGO FINANCIAL LB 1107301 P6021200058 11/2-2/2 0.00 610.65 TOTAL CHECK 0.00 6064.46 1020 615973 01/28/05 1648 SAVIN CORPORATION (SUPPL 1104310 P6021200058 1/28-4/27 0.00 936.00 1020 615974 01/28/05 2057 sBe PACIFIC BELL 4239222 48 PORT SWITCH CISCO 3 0.00 205.00 1020 615974 01/28/05 2057 SBe PACIFIC BELL 4239222 WIRELESS PROJECT 0.00 115.00 1020 615974 01/28/05 2057 SBe PACIFIC BELL 4239222 WIRELESS PROJECT 0.00 1137.54 1020 615974 01/28/05 2057 SBe PACIFIC BELL 4239222 WIRELESS PROJECT 0.00 313 .19 TOTAL CHECK 0.00 1770.73 1020 615975 01/28/05 511 SBC/MCI 1108503 #9969248 12/01-1/27 0.00 15.12 1020 615975 01/28/05 511 SBC/MCI 1108507 #5170211 12/01-1/27 0.00 14.46 1020 615975 01/28/05 511 SBC/MCI 1108502 #2524620 12/01-1/27 0.00 103.86 RUN DATE 01/27/05 TIME 08:33:30 FINANCIAL ACCOUNTING L(-J 01/27/05 CITY OF CUPBRTINO PAGB a ACCOUNTING ~ERIOD: 7(05 CHECK REGISTER - DISEURSEMENT FUND SELEcrION CRITERIA: transact. trans_date between n01/24/200sn and n01/28/200S" FOND - 110 - GENBRAL FUND CASH ACC'I' CHECK NO ISSUE DT ----------·---VBNDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 133.44 1020 61S976 01/28/0S ME2005 SELVI BRSOY 1100000 RPL LOST CK 80073 0.00 74.81 1020 615977 01/28/05 2051 SIADAT ENTERPRISES, INC. 6308840 CAR WASHES DBC2004 0.00 13.00 1020 615978 01/28/05 2415 SIMON MARTIN-VEGUE WINIŒ 4239222 RBPLACE LOST CHECK 0.00 21631.86 1020 615978 01/28/05 2415 SIMON MARTIN - VBGUB WINKB 4239222 RBPLACB LOST CHECK 0.00 825.00 1020 615978 01/28/05 2415 SIMON MARTIN - VEGUE WINKE 4239222 REPLACE LOST CHECK 0.00 525.00 TOTAL CHECK 0.00 22981.86 1020 615979 01/28/05 3171 STAPLES BUSINBSS ADVANTA 1101075 OFFICE SUPPLIES 0.00 29.18 1020 615979 01/28/05 3171 STAPLES BUSINESS ADVANTA 1101500 OFFICB SUPPLIBS 0.00 62.40 1020 615979 01/28/05 3171 STAPLES BUSINBSS ADVANTA 1104310 FY 2004-2005 OPEN PURe 0.00 1168.67 TOTAL CHECK 0.00 1260.25 1020 615980 01/28/05 '77 STATB STRBET BANK & TRUS 110 *PERS DBF 0.00 10756.57 1020 615981 01/28/05 52' SUNGARD PENTAMATION, INe 6104800 DATALINB CHRGS DBC04 0.00 54.30 1020 615982 01/28/05 695 SYSCO FOOD SERVICES OF S 5506549 BINGO SUPPLIES 0.00 463.31 1020 615982 01/28/05 695 SYSCO FOOD SERVICES OF S 5506549 SUPPLIES 0.00 -46.40 TOTAL CHBCK 0.00 416.91 1020 615983 01/28/05 695 T1IDCO SUPPLY 1108303 1.8 MIL GARBAGE BAGS 0.00 1037.57 1020 615983 01/28/05 69' TADCO SUPPLY 1108314 1.8 MIL GARBAGE BAGS 0.00 1037.58 1020 615983 01/28/05 695 TADCO SUPPLY 1108315 1.8 MIL GARBAGB BAGS 0.00 1037.58 1020 615983 01/28/05 596 TADCO SUPPLY 1108312 1.8 MIL GARBAGB BAGS 0.00 1037.58 TOTAL CHECK 0.00 4150.31 1020 615984 01/28/05 '" TAP PLASTICS INe 2708405 PLASTIC 27127 0.00 38.39 1020 615985 01/28/05 M2005 TARGET CORP. 1100000 S.VISTA CK DPST ERROR 0.00 130.00 1020 615986 01/28/05 700 TARGBT SPECIALTY PRODUCT 1108407 FY 2004-2005 OPEN PURC 0.00 37.54 1020 615986 01/28/05 7DO TARGET SPECIALTY PRODUCT 1108407 FY 2004-2005 OPBN PURC 0.00 891.87 TOTAL CHECK 0.00 929.41 1020 615987 01/28/05 70> TARGET STORES 5806349 PRESCHOOL SPLY 25819 0.00 52.09 1020 615988 01/28/05 1993 TREASURER OF ALAMEDA eou 110 A LOPBZ JR 566398126 0.00 253.84 1020 615989 01/28/05 1201 TRIELOFF TOURS & TRAVEL 5506549 D.VALLBY REVISED INV. 0.00 1169.05 1020 615990 01/28/05 72' TURF & INDUSTRIAL EQUIPM 6308840 FY 2004-2005 OPEN PURC 0.00 193.43 1020 615991 01/28/05 1647 U S POSTMASTER 5208003 RECYCLING PERMIT 74 0.00 2554.26 1020 615992 01/28/05 2314 UNITED GREEN TECH 1108303 CONTORLLBR CABINBT 0.00 3354.67 1020 615993 01/28/05 1154 UNITED WAY OF SANTA CLAR 110 UNITBD WAY 0.00 122.00 RUN DATE 01/27/05 TIME 08:33:30 - FINANCIAL ACCOUNTING L(-~ 0~/27/0S CITY OF CUPERTINO PAGB 9 ACCOUNTING PERIOD: 7/05 CHECK REGISTER - DISBURSEMENT FUND SELBCTION CRITERIA: transact. trans_date between "01/24/2005" and "01/28/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND!DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 615994 01/28/05 738 VALLEY OIL COMPANY 6308840 DEDUCTED CREDIT TWICE 0.00 22.28 1020 615994 01/28/05 738 VALLEY OIL COMPANY 6308840 FY 2004-2005 OPEN PURC 0.00 26.93 TOTAL CHECK 0.00 49.21 1020 615995 01/28/05 746 VIKING OFFICE PRODUCTS 6308840 OFFICE SUPPLIES 0.00 18.67 1020 615995 01/28/05 74' VIKING OFFICE PRODUCTS 6308840 OFFICE SUPPLIES 27410 0.00 25.58 TOTAL CHECK 0.00 44.25 1020 615996 01/28/05 745 'lMI INC 1104400 NEC VT 670 VIDEO PROJE 0.00 1727.67 1020 615997 01/28/05 M2005 WANG, "ARK 1100000 B.LICENSE REFUND 0.00 50.00 1020 615998 01/28/05 " WARNER, SANDRA 580 Refund: Chack - FALL E 0.00 100.00 1020 6159.9.9 01/28/05 77' WEST-LITE SUPPLY CO INC 1108504 SUPPLIES 0.00 50.88 1020 615.9.9.9 01/28/05 77' WEST-LITE SUPPLY CO INC 1108502 SUPPLIES 0.00 121.56 TOTAL CHECK 0.00 172.44 1020 616000 01/28/05 M WOO, YOOSUK-JBONG 580 Rafund: Check - WINTER 0.00 60.00 1020 616001 01/28/05 M WU, TSUN-CHU 580 Refund: Check - WINTER 0.00 JJ .00 1020 616002 01/28/05 M2005 WU, YU-JEN 110 UNUSED NOTICING DPST 0.00 250.00 1020 616003 01/28/05 M2005 YI" 110 SW BOND/ENCROACH RLSE 0.00 4023.00 1020 616003 01/28/05 M2005 YI" 1100000 SW BOND/BNCROACH RLSB 0.00 870.00 TOTAL CHBCK 0.00 4893.00 1020 616004 01/28/05 3275 YORK INTERNATIONAL CORP. 1108501 PARTS/SUPPLIBS A26655 0.00 283.33 1020 616005 01/28/05 7" ZANKBR ROAD LANDFILL 5208003 YARDWASTB DB'C2005 0.00 1104.00 1020 616005 01/28/05 7" ZANKBR ROAD LANDFILL 5208003 YARDWASTE DBC2005 0.00 15234.79 TOTAL CHECK 0.00 16338.79 TOTAL CASH ACCOUNT 0.00 .945853.30 TOTAL FUND 0.00 945853.30 TOTAL REPORT 0.00 .945853.30 RUN DATE 01/27/05 TIME 08:33:30 FINANCIAL ACCOUNTING L(-¡D RESOLUTION NUMBER 05-025 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 January 28, 2005 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $ 424,887.19 Less Employee Deductions $(129,156.84) NET PAYROLL $ 295.730.35 Payroll check numbers issued 80339 through 80546 Void check number(s) CERTIFIED: (4u~ O::/-r.{~ . Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of Februarv ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino c;-( City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408)777-3366 I F CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. (¡¡ Meeting Date: February 15, 2005 SUBJECT Accept the Treasurer's Budget Report - December 2004. BACKGROUND Attached are the Treasurer's and Budget reports for the period ended December 31,2004. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $32.7 million at December 31, 2004, with a maturity value of $32.9 million. The slightly lower market value of the individual securities (compared with cost or maturity values), indicates that rates have risen since the time of purchase. 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 2.134% in December compared to November's 2.003%, and 1.545% a year ago. LAIF yields have risen consistently since June, when the yield was 1.469%. The City's portfolio as a whole yielded 2.48% in December. Short-term agency yields increased slightly during the month, but no purchases were made. All securities held in custody by Greater Bay Trust Company as of December 1 st were transferred to Wells Fargo Institutional Trust and Custody. Overall, the City's current investment portfolio decreased approximately $2 million in December, as planned expenditures exceeded incoming revenues. The December 15th principal and interest payment on the 2002 COPs amounted to $1.14 million. In addition, the last of the library construction project payments are being made. 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. Printed on Recycled Paper 0-{ RevenuefExpenditure Trends Most General Fund revenues are still well below budget projections, due to the timing of major tax payments from the County and other tax revenues submitted in the month subsequent to collection. Sales tax payments are lagging prior year receipts as the State holds back 25% of all sales and use tax allocations. MVLF revenue is reduced permanently in this fiscal year, as compared to the temporary decrease caused by the loan ofMVLF revenue to the State last year. Both sales tax and MVLF losses should be offset in January, as the County submits payments under the triple flip and MVLF swap provisions: funds set aside from the County ERAF fund will offset the sales tax revenue reduction, and an adjustment from the Vehicle License Fee Property Tax Compensation Fund will be also be made. The MVLF allocation will be considered property tax and grow or decline in future years according to local assessments. Mid-year revenue projections will be recommended to show this permanent change fÌom intergovernmental revenues to property taxes. With these January payments in mind, sales tax for the City is slightly above the prior year, and MVLF receipts should be back on target as well. The State will "true-up" these two revenues in September 2005. Hotel tax revenues are healthier than in the prior year, and should come in over budget for 2004-05, whereas utility user tax revenues are still lagging. Licenses and charges for services are doing better this year as a result of increases in development fee rates and additional activity in Building and Planning. Departmental expenditures are slightly lower than prior year spending, and generally below budget, primarily due to the hiring freeze. RECOMMENDATION: Accept the Treasurer's and Budget report for December 2004. Submitted by: Approved for submission: ~~ Carol Atwood Administrative Services Director ~ David W. Knapp City Manager 0-oC ACTIVITY DATE PURCHASE I MA TURlTY i -- ----- I' SEÖTRITIEÇMATURED/CALLED --- --- n _06/23/041 12/10/08_~MA© -----fk- , -- - -----+ -1--- - -1- City of Cupertino November 2004 ---- I REF YIELD ADJUSTED MATURI1Y MARKET COST---nVALUE~'--- --- VALUE UNREALIZEI PROFIT/LOSS -- DESCRlPTION ---- --..- -------1 I , ----- 500,000 ! -------r -- - -- ---~------¡== -+----- L~-- _4~oó-%1 __~~6,370 ---- - -----+-------- SECURITIES PURCHASED i -..- , r ----, -----+----- CASH - - __ ___un <;"-1-- -- ~-- _n_ --- ----- - - - -- --. ---- - --- CURRENT PORTFOLIO ----- -- -- 12/31/04 Cup:~no National B~~k 12/31/04 GBTC Cash 12/31/04 Wells Fargo Checking - ----- ---- .-- ---- ~--- ------ ------ ---- ___~t~~~1/04_ L~~----=-StatePool CERTIFICATES OF DEPOSIT 03/17/04 03/17/08 American Trust Fed Savings Bank 03/17/04 O~!.!!~ Peoples S_~~eB~_nk 03/19/04 03/19/08 Plantersfirst Cordel1 GA ----- -- 03/24/04 03/24/08 Badger State Ba~~ 03/24/04 03/24/09 Washita State Bank 03/24/04 03/24/08 Wilmot State Bank u_ ->_ Ö3/24~Ö~ -- O~~~41O]~ ~~i~_,?an_k ~at'l Assn 03/26/04 03/26/08 Privatebank & Trust -- ___~3/26/04-- 09/26/08 Southcoast Communtiy Bank ; 04/07/04 04/07/08 Core Taylor Bank©,step ~~.. ----==L=_ uu. MONEY MARKET FUNDS __ __ --i2/31/0~_¡_¥."el!S-F;lTgOGOvemm~t. ~__ u .. -- AGENCY NOTES __ ~/09/93 I 04/15107FHLMC(P) 03/08104 12/26/06 FHLMC© 07/21/03 07/21/06 'ÞHLB© -¡- I 01/12/04 08106/08 þHLB©,step---- 08/07/03 08107106 I FHU3(¡),step , 08/11/03 08/11/06 FHLJJ© i 02/25104 02/25/08 FHLB© --+------ --- _ i 12/05/03 12/05/07 ~A©,step___ _-' 03/16/0'- 03/16/09 FNMA _ _ _ 03/23/04 01/30/09 FNMA©_ 04/23/04 01/23/08 FHLB© 04/14/04 -¡-- 12/03107 FNMA©-- ------+----- ------ - 12/15103 12/15/08 ,FNMA©. step Öjl30/04 " -03/30/09 TFHLB©, step---- 12/22/03 061i2767 iFNMA . 12130103'- 12/30108 !FHLMC(¡), step . L 04/29/04 ¡ 10/29108FHLB©, step 04/30/04 04/30/09 i FHLB©, step- LAIF - '-,--' ____~~ _ 99,000 i 99,000 3.40% 99,000 99,000 - -jJ)5%t-------98,000-,- 98,000 ----1 3.00%1__ 99,000 , 99,000 I 3.35~ 99,000 99,000 t 3.00%1 99,000 99,000 -r -.~~~~r -:::~~~--- :::~~~ un 3.20%n- 98,000 98,000 ~m 2.25%'-· 97,000 . 97.000- .. ---- 9~6,000 +.- 986;0110 r ,- 2.6~% .. 575,781 :-- 5752811-. I 575,78] 575,781 , I - ----- -- 2. L3~ïoi-- 6f i - l ~6j -""6k-j---6.-96% : 6k 2.30% 6k 2.20% n_ 1 6k 3.00%1 6k 2.33% 6k 2.56%1 6k 3.13% ~ 6k 2.63%: -- 6k 4.01% - 6k I 2.50%' ~---- 6k 3.15% _~~_. 2.50% 16k 3.00% 16k 2.50% ------'-6k: 3.30% ---- j 6k; 2.75% ¡66kk· i 3,00% II 3.13%, -- - ---- 1 - - - --- i --- 183,923 183.923 o 0 ---- 593,090 I 593,090 777,013 ' 777,013 ---- 10,776,540 10,776,540 - - - 500,155 ------- 3,785 ------ ----- - - ------ - --- --- 183.923 o 593,090 777,013 o o ---a --0 10,776,540 ° - --- __96.377_<2,6232 96.135 (2.865) 95,563 ___~ 96.35~ _ (2.648) 95.912 (3,089) 96.352 (2.648) ----96;325 ----(2~ 96,958 . (2~ 95,217 (2,783) 95,062<1~m) ._--~ -~~~~~---- - ~ .-- --575.781 f-- 575,781 T ------"- -, I l---- 130,704 130,704 , 130,580 ' (124) 789,500 800,000 785,184 1 . (4,316) 500,000 500,000 n4!J~' __. (7,185) 997.727 1,000,000 998,750 1,023 ----- 500,000 500,000 495,315 (4,685) 2,400,000 2,400,000 _2,375,256 _ (24,744) 1.000,000 . 1,000.000 989.510 ____(1~ 1,000,000 '1,000.000 994.690 _~J()) 1,600,000 '1.600.000 1,600,496 496 500,000 500,O(l~I-_ 498,595 _ (1,405) 1,487,576 1,500,000 1,452,664 (34,9~ 989,48Z-¡-- 1.000.000 972,81(jl_. (16,672) 1,000,000 1.000,000 1,000.730 I 730 .600.000. _= 600,OOO)-599,628!' (372) 1.000,000 1,000,000 : 989,060 ' (I0;94!¡') 1,000.000 1,000,000 ' 1,006,5io'- 6,510 300,000 300,000 , 298,407---¡--ei;593) 1.000.000 1,600.00or----998.130 i (1,870) &-3 City of Cupertino November 2004 ACTIVITY DATE PURCHASE I MATURITY I DESCRIPTION REF ----------- -- -- ---------- -- - - 08/1 0/04 08/1 0/07 _ FHLIJ(().stel' 08/24/04 02/24/06 ,FHLB © 04/30/04 ---0473õ7()77FHLMC© ì m_ I I US GOVERNMENT SECURITIES -r---- , I Total Managed Portfolio ¡Average Yield 'Average Length to Maturity (in y~_~rs) -- 6k _ __m__ ------.----------- 6k 6k MO' -- ,- ------.- - US -- I ---- -- -- ----- .- j ---- - ---- . --------+-- -------- - ___u_ --+- f--- --~----- TRUST & AGENCY PORTFOLIO ___ i -- I CERTIFICATES OF DEPOSIT ---~-Ò-7/2iIOl ]"'---0:3130/05 ¡Cupertino Natl(Kester Trust) ---± Total Trust & Agency Portfolio ---._-... _==~---¡::D R}:SERVEPÒR;~~:;~ - n-L Bond Reserve Portfo1io - #078791 Bond Reserve Portfolio - #078794 Total Bond Reserve Portfolio 6b - ___n___ ---- f--+- I----!- -j I , " - -----+- i In __n --- -- -- ----'- -- --- -- ¡---- +-- I , ---- ----- ----- ---0--- --------- ---- +-- , ---or - -.....---.- - YIEW 2.00% 2.75% 3.30% 2.53% 1.54 --- ~ --...- 1.53% _m --------t-- ADJUSTED COST nl 1.200,000 1,200,000 499,981 - t969_~·2~~~__ , ----- --- - 32,850,406 ------.-- ---- -- - ---- - ""..--- 41.975 41,975 10,952 1,143,819 1,154,771 ------ -- ---------.-- , --.------.--.--- ----- MATURITY VALUE . 1,200,000 1.200,000 --.-- 500,000 ------.--.- 19,730,704 I o ---.......-- 32,886,140 -- _n.___ I 41,975 , . 41,975 -- -r--- 10,952+ 1,143,819 1,154,771 ---- !-- ---- -- MARKET VALUE -----..- ---.---.-- 1,197,372 " 1,195,8"72 in 499.025 19,sif,39ST- 32,701,083 ---.-- --------- . UNREALIZE[ PROFITILOSS - -----.-.-- (2,628) (4,128) --~ (956) (123,575) o o (123,575) ------.- - -- -..--.- --- - --- 41,975 41,975 ----.-.- 10,952 1.143,819 1,154,771 --...- -- ---..- ------ o o -- o o o --.--. --f- ---- ---- -- &-L( 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% - Investments by Type Managed Portfolio US Treasury Notes 0% LAlF Agency Notes 60% 3% IRate of Return Comparison I ~ ---- .. ---- . . .... . . 11/03 12/03 1104 2/04 3/04 4/04 5/04 6/04 7104 8/04 9/04 10/04 11/04 12/04 - b-( COMPLIANCE WITH INVESTMENT POLICY City of Cupertino : December 31, 2004 Category Treasury Issues US Agencies (eg FHLMC) Medium Term Corporate BondslNotes 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 $40 million 20% 25% up to 15 years i Remainder up to 5 years 10% (except LAIF) 180 days & 40% 270 days & 25% 30% 365 days Prohibited Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Comment &-& -~] - 10/03 - - 15 I I -----r- ----L_L I' % of Budget ' I OV$rlUnd;;rTTAnalvsis <¡[Trends State withholding 25%, will rep_aYin Jan.,MaYJtriple fliEJ Secured_p"yments rec'~I'I0v-Jan & Apr-June Includes estimate f0J"_ Cupertino Inn for December_ PG&E down $2(jk; prior year +$4§k Enron adjIIIade For July- November J BtJilding Permi~s up $3IOk, plan cliecksup $200k Portfolio yi-"ld down 2%; Investmentb~lances down 30% MVLF reduced permanently -- ----- Engineering fees uE $120k; zoning & Elannin£ fees upl1 -34.47%1 -77.80% _, -- - ,---..- -21.73% -24.71% -2,64% ---- 1.57% -31.12% ---- -50.14% --- -5,05% 51.97% -26.25% -39.86% -..- 95,37% __ t r _ --I _ ,1=Actual Actual 12/3l/200~ _ ,2003/04 Bud~ 2004705 BUdg~~ l2-3l-0~ YTD i2-31-04 'Taxes: ~ ,I Sale~ - 8,780,000 8,400,0001, 3,949,925 3,162,274-- Property}-",,-- =-- - 3,800,000 3,748,000' 1'770'~~- 1,824,572 _Transient Occupancy 1,500,000' 1,560,000 _ '7~~065 792,239 Utility Tax H'750'000 2,740,000' 1,040,201, 943,6881 Franchise Fees 2,3(j0,000 2,312,000 574,079; 576,334' Other Taxes 1,365,000 1,435,000, 688,033 681,302 --- I - -'__ ~icenses and Permits __ 1,285,000,_ 1,600,000 693,503 1,215,733 useOfMoney&propertyB"_' 1'110,'000',"_" 1,186,,9.00 560,3031 ,..437,694 Intergovernmental 2,605,034 2,820,687 1,048,899 848,1131 ____ n__ _-.- __ ___ __ Cliargesfor Services_ 410,000 490,000, _ 261,330 478,653 !"ines & Forfeitures , _ 640,000 _ 600,000 214)30 196,591 Other Revenue ~O'OOO 162,000 8,984, 17,982 Sale ofproperty - -, 1,500,000 oC () Tota] Revenue 26 ';8'; 034, 28 5';4 ';87 11 ,;n 986 11 17'; 176 T City of Cupertino 1.. General Fund Budget Report -- - I City \Veb ~ite programa~dedt,,-CommUllity Services in 11/03 - l - - - ------ - - -i plan reviews up $6lk; Human svc grants ($40k2,P.cI_ ___ Contract 1,365,026 491,620 534,309; 6,853,724 3,157,843 2,723,348 7l8,35~ ~l 300,5041 368,849 ",191,024 1,935,971 1,958,300 -6.55% 2,261,219 1,004,205 1,005,858' -11.03% - ---',' _ _ I _L 2,823,8~51 967,097: 1,128,023 -2(),11~ , 9,367~" 3.825,101 3.743.18J -20.08 Yo 27580617 _I 11682 341 ~ -16~88% -21.71% --..- -20.53% 2.69% -- Operating Expenditures: _ Administrative _ 1,308,305 Law Enforcement 6,697,396' Community -S-ervice - I 680,:388; _Adlninistrative Service, 4,180,215 Recreation Se1'\'ice - ~ ___ 2,220,031 Community Development.j 2,888,80(j Public Wodes __ L--.'3.577. 778 Total Expendi_tures ' 26 ';';2 911 --- . ---- Park in lieu fees Ull'¡erbudget,_ --- ---- ---- ---- 4-- 712,5001 1,218,678 -10,96% 2.4~~2.431.99~- 0.00% - 3081648 -¡-500 013, 1 ---~ r t - T -i- -1 152 68~j , , -r"-----j- , 2,7"37,365 _::4..864.000 631,950 -4303357 -- -3 619 286! --t Operating Transfers In_ Qperating, Transfers Out Net Income/Loss ~ \ -......J 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 500,000 o 2 Revenue Comparison 4 6 7 8 9 10 II 12 13 Expenditure Comparison 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 2 3 4 5 6 7 1 Sales Tax 2 Property Tax 3 Transcient Occupancy 4 Utility Tax 5 Franchise Fees 6 Other Taxes 7 Licenses & Pennits 8 Use of Money & Property 9 Intergovernmental 10 Charges for Services 11 Fines & Forfeitures 12 Other Revenue 13 Sale of Property .YTD 12/31/03 E9YTD 12/31104 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public W Dries &-8 City of Cupertino SummaryofBudget Tral1sfers General Fuiid- 12/31/2004 -- ------ Desc~~tion 2004/05 ADOPTED BUDGET 2003/04 CARRYOVER: Encumbrances Department carryovers -- REVENUE ADJUSTMENTS: _m_ ---- --- EXPENDITURE ADJUSTMENTS: -------- Reduce.EEo Pass & ContMgrnnt Remove_benefits wi PT position Carry over law enforcement grants .. Carry over 1awenforcement grants ç~rTy over law e!Û0r~ement grants T!~fer fo!_",~~less purcha~_e ------ 2004/05 ADJUSTED BUDGET Acct# various various ---, I 110-8005-7107 110-4400-5713 ,110-2401-7014 110-2402-7014 .. -,----- ,110-2401-7014 I. 110-8101/8408-6111 _ BU(I~_ Ad¡ustment 1 ---- - 181,938 .258,445 -17,920 -1,550 97,332 23,240 9,999 -3,479 t·· ---- --- -- --- , + .... ~evenue 'Expendi~e Budget I ~udget 31,291,000 31,890,000 -1 181,938 258,445 ---1--- , ---r---- ---- "--- l -17,920 :1,550 . _ 97,332 23,240 9,999 -3,479 31,291,0001 32,438,005 &-9 Total Budaet Encumbrance Excenditure-t-ëurrent Bal. -, 74,784.80: 9,170.00 ----:¡;¡~17.99! 51,296.81 940,167.56 377,116,Z5.._. __ 15,471.00 547,579.81 62,293.41 62,290.41~ _.. 0.00, ___.~_ 3.00 56,000.00 0.00 55,589.51] 410.49 5,000.00 . . -,- . r-- 5,000.00 30,219.001 ____. Tf-=--~O,219.00 202,729.50 . . 9'943621 36.427-,-52.1 156,358.29 106,791.08; 17,476.07 0.00 89,315.01 6,103,594.78' .519,000.06 286,000.00 5,298,594.78 1,440,718.91 60,381.91: 33,915.57 1,346,421.43 300,034.53 229,816.70. 0.00 70,217.83 49,378.49 l' 49,378.49 30,000.00 __ 30,000.00 51,789.00 51,789.00 211,652.00 2'1:.0;887.63 __ (2,063.36) __ 2,827.73 6,260.70 , 6,260.70 --¡--- 1 ----- 53,896.06 -'---- ..131.22 53,164.84 34,623.64 34,623.64 35,864.55 35,864.55. 0.00 -- -, - 500,000.00 500,000.00 , 0.00 ,535.00), 2,610.92,' 2,610.00--r--- 0.92 :00000) 0.72_ __ _ 0.72'::- 35,641.11 35,t;~1,11_ ___ 0.00 0.00. 50,000.001.__ 50,OOO.0Q, 125,000.00 7,825.60 ' 11.1,800.98 : 5,373.41. 75,000.00 75,000.00 . 10,000.00 10,000.00 j 128,686.70 21,132.50 .. 0.00 I 107,554.20 ' 39,936.90' -1 39,936.90 261,251.07. . 261,251.0Z. 35,291.36' :3 35,291.36 47,686.55c- . __ 47,686.55. 474,294.34 91,647.53: 165,498.21' 217,148.60 120,000.00 -- . 27,746.10 ]-6,695.98 85,557.92- I 260,000.00 ~_.. 57,045..16.[.. 17¡¡.I71.40 : 32,18344":: 5,000.00 L. __ '. ~500.00 2,500.00. 475,000.00 .. _ . 475,000.00 200,000.00 _ _~__ _ 200,000.00 ,035.00 8,737,155.31 693,721.97' 7,376,724.16. 666,708.48 81,861.60 0.00 76,28,8.92 _..5.-572.68 .1.,152.00 0.00 OOQ. 1,152.00 531,644.96 _ 531,644.96 47,709.29, 30,222.64 2,063.36' 15,423.29 . 150:Ö,O¡¡J)Q_....18,200.00 19,900.00 111,900:00 _________ __n __ 22,190,720.84 1 2,479,265.70 8,911,107.78 10,800,347.36 c~~n_~__ 56,000 í- 5,00000 r- --.- , , ,- { { 45 448,500.00 Capital Projects 12/31/04 Adopt~d _ J- ..26,953 75,000 4,800,OOQ 750,000 , 50,000.00 _~5-,QOO.00 _.1.5,000.0() , 10,000.00 :107'554'201·'''··~ - ... -- _ 39,936.90 ~2~~:~~~~è=:_~n 47,686.55 , 403,f3154 ~---==-= _ 20,000.00] 100,000.00 ....11,90¡¡.00-t.§Q,OO_0.00 5,000.00 205,60060- --2'76,66000 ' 200.000,00 I .. - - . .---=--'- 825,738.27 1 76,861.60'. ___ 1,152.00 I 531,644.96 I 47,709.29 t; __ 0.00 150,000.00 ---------- -- --------- 6,197,779.26' 6,552,953.00 ------ ---+- 21,132.50 0.00 0.00 0.00 70,556.80 188,100.00 0.00 0.00 0.00, 7,460,382.04 5,000.00 ------- --º'ºB· 0.00 ---- 0.00 8,991,488.58 CIO budoet ~i,5.1.1J!_0 840,16Lss 7,00:).00 0.00 30,21900 . 156,358.29 89,315.01 498,594.78 682,205.18 70,217.83 49,378.49 . OO~OO I 51,789.00 211.,652....00 _.6,26070. 53,896.06 34,623.64 ; 15,976.55 500,000.00 4,145.92 1,000.72 0.00 1 i- CIO enc 3,320.00 25,000.01 55,290.41 46,371.2 17,476.07 805,000.00 8,513.73 229,816.70 0.00 0.00 19,888.00 0.00 0.00 0.00 35,641.11 i Fund. prOi#T Descrictjon 21Q' - -96i2~¡;¡¡nor Storm Drai"lmprov 2,159620, Storm Drain Proje,cts . -270 9430 Stev Canyon Rd widenin9 270 . . 9432 Hmstd belleville Tis modr- 270· . 9435 Neighborhood tral calm'ing 270~- 9436 Stev Crk Trail Bike fadifl¡es- . 270r =- 9443. Bollinger Rd bikefacTIii}'improv. 270t 9447, Mary Avenue galeway 2.70 _.-9449 Mary AvenueFootb.ri.~ge 270 9450 Pavement Management 270' 9531 Ramp metersi9nal280/85 270, 9532 ,SR85/Stev Crk TIS modification 270~' .-9701 : Sidewalk gaps unimprv areas ..27.0.. 9702 Citywide bike parkini..f,,-c..ilities 280 9213 McClellan Ranch bldg improv. ._ 4~0 '-9113 Stev Crk trail maslerplan _ 42.0 ¡ .9116 San Thomas trail i~p~ovements --426' 91 Ù, Stev Crk Trail masler plan sludy 4201-- 92-16 '-Service center expan-isön 420 9219iAnimal control facilities --- 420 9223 ¡ C!~c cent~r improvements 420 9224 Civic center -.e.laza improvements 420, 9225 CH space study 420 9226 Sports ctr AlC unit repl. 42Q 9227 Blue pheasanl re~roof 420F922a'CH council chamber remodel --- ----- --- 420 9229 CH emergency generator 420 _ ~9528 280IWolfe tra¡¡icsafety improv. 420, 9530 Phase III Hmstd arterial mgmt 420 ~ 9533 Gr,,-en LED TIS lights 420, 9534tÄdvanced ITS D"Ànza blvd -t-n ----- - -- 420 9541 ; School traffic calming measure 420 9544 Safe routes cHi> 420 9545 TIS upgra~es various locations 420 9547 Yeilow ped LEÖ-f/S upgrades 420 9548 Traf st walkability mods facility 42Õ~ 95491 Safe route Garden Gate school -420 9550 TIS battery powe,backlJr)" 423 -9222] Library oonstructio,r'--- 425 9313 Four Season Corner 426, 9212 S~orts Ctr.fitness exp~n§ion ~ 91 05 Blackberry Farm 560 9112 BBF master plan study 5701 9230.Te~n¡s court resurfacing_ ~ -"-.- .. _1_ - fToia¡ -- =- I ------ <::::> RESOLUTION NO. 05-026 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING LOCAL LIBRARIES WHEREAS, the pending expiration of the current parcel tax will result III significant reductions in revenues for our local public libraries; and WHEREAS, current revenues have been inadequate and forced significant reductions in library hours and services; and WHEREAS, parcel tax revenues can provide a stable, predictable source of local funding to maintain and restore essential library services that students, seniors and other members of our community rely on; and WHEREAS, parcel tax revenues allow local voters to make investments in their community libraries and the education of our children; and WHEREAS, maintaining access to our neighborhood libraries for students tS essential for maintaining quality education in our community; and WHEREAS, parcel tax revenues can be spent according to local priorities and all funds are returned to the library that serves the community from which it originated; and WHEREAS, the City of Cupertino supports local control; and WHEREAS, the Santa Clara County Library has placed new two parcel tax measures on the May 3, 2005 ballot for consideration by their local voters. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino expresses its support for these local parcel tax measures (Measures A and B) and encourages all citizens concemed with lack of adequate financial resources for libraries to vote yes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of February 2005 by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 7-1 RESOLUTION NO. 05-027 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM CURTIS W. FRANK AND SARA LOESCH FRANK, HIS WIFE, AS JOINT TENANTS, 10153 CAMINO VISTA DRIVE, APN 342-14-084 WHEREAS, Curtis W. Frank and Sara Loesch Frank, his wife, as joint tenants, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, Lot 13, Block 4, as specifically described in the map filed in the Office of the County Recorder of the County of Santa Clara on the 4th day of May, 1953 in Book 42 of Maps at Page 37. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of February, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ¡f- ( QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-084 J0153 Camino Vista Drive Curtis W. Frank and Sara Loesch Frank, his wife. as Joint Tennants, hereinafter referred to as the "GRANTOR", this day of ,2003, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, aU the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of LotI3, Block 4 of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 4th dav of Mav 1953 in Book 42 of Mans at Pal!e 37, to pump, take or otherwise cxtract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorize GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lots to take ftom said underground basin within the said Jots any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will resuJt in damage to any building or structure erected upon said lots, f~ ,L This assignment, conveyance and authorization is made for the benefit of Lot 13, Block 4 within the above described subdivision and shall bind the owner of said lot within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and ycar first above written. OWNERS: ~ l< )_~ì Curtis W. Frank ~~vL~ Sara Loesch Frank (AcknowJedgment and Notarial Seal Attached) ¡-J CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ " - - State of California County of ~-i::o- ~ } ss. On ,Q5~ ~t. ;Z001¡- before me, ßo-b':.:~~o~t;;~'~~~o~~;;'ð Pv4.-·c personally appeared eu.tc.',. (;.). h-~ g 5""<yCl. Loe.gJ., Frc~ , Name(s)otSigner(s) o personally known to me ®proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed 10 the within instrument and acknowledged to me that~/Ihey executed the same in l>WItef/their authorized capacity(ies), and that by _/their signature(s) on the inslrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~~ ~~72~\ WITN~~-7L \~~ª-~~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Q.w Document Date: Net- Signer(s) Olher Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Cv.."a;r/" vJ' FrovvJ<. g SÚ\Y""- ~ -Fr--~ @Individuai o Corporate Officer - Title(s): o Partner - 0 Limited 0 Generai o Attorney-in-Fact o Trusfee o Guardian or Conservalor o Other: Signer Is Representing: S~ . Top 01 thumb here -'<@;'~ ItJ 1999 National Notary Association' 9350 De Soto Ava.. P.O. Box 2402' Chatswor1h, CA 91313·2402' www.nat!oPlalootary.org Pred. No. SeC7 Aeorder:CaIlToll-Free1-ßOO-B76·6827 'I I I . ) , ¡.J fA( DRAFT RESOLUTION NO. 05-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, CURTIS W. FRANK, 10153 CAMINO VISTA DRIVE, APN 342-14-084 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Curtis W. Frank and Sara Loesch Frank, His Wife, As Joint Tenants, for the installation of certain municipal improvements at 10153 Camino Vista Drive and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of February, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 1-1 Resolution No. 05-028 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Curtis W. Frank and Sara Loesch Frank LOCATION: 10153 Camino Vista Drive APN 342-14-084 A. Faithful Performance Bond: $ 9,780.00 NINE THOUSAND SEVEN HUNDRED EIGHTY AND 001100 DOLLARS B. Labor and Material Bond: $ 9,780,00 NINE THOUSAND SEVEN HUNDRED EIGHTY AND 001100 DOLLARS C. Checking and Inspection Fees: $ 2,130.00 TWO THOUSAND ONE HUNDRED THIRTY AND 001100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: TWO HUNDRED NINETY-SIX AND 47/100 DOLLARS $ 296.47 F. One Year Power Cost: N/A G. Street Trees: By Developer H. Map Checking Fee: N/A 1. Park Fee: N/A J. Water Main Reimbursement: N/A K. Maps and/or Improvement Plans: As specified in Item #21 of agreement 1~¡ RESOLUTION NO. 05-029 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM GEORGE GERA, AN UNMARRIED MAN, AND NICHOLAS GERA AND SUEANNE GERA, HUSBAND AND WIFE AS COMMUNITY PROPERTY, WITH THE RIGHT OF SURVIVORSHIP, ALL AS TENANTS IN COMMON, 10550 DE ANZA BOULEVARD, APN 369-38-002 WHEREAS, George Gera, an unmarried man, and Nicholas Gera and Sueanne Gera, husband and wife as community property, with the right of survivorship, all as Tenants in common, have executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 10550 De Anza Boulevard, APN 369-38-002. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of February, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk II-I GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 369-38-002 10550 De Anza Boulevard Georl!e Gera. an unmarried man. and Nicholas Gera and Sueanne Gera. husband and wife as communitv propertv. with the right of survivorship. all as Tenants in common. grant to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or becorne necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this J...ì day oiJMJ¡)r~I, 2005. Owners: tL (Notary acknowledgment to be attached) 11- ;L GENERAL ACKNOWLEDGMENT CHICAGO TITLE COMPANY } } SS. STATE OF CALIFORNIA COUNTY OF SANTA CLARA On January 27, 2005, before me, L. Rock, a Notary Public in and for said County and State, personally appeared George Gera, Nicholas Gera and Sueanne Gera personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and ack- nowledged to me that he/she/they executed the same in his/her/their authorized capa- city(ies), and that by his/her/their sig- nature on the instrument the person(s), or the entity upon behalf of which the per- son(s) acted, executed the instrument. .lfj' . L. ROCK' ~ - Comm,#1294721. tII NOTARY PUBLIC - CALIf ORIllA (f¡ ~ Santa Clara County - M¥ !;oom¡, :"pi!.. feb. 20. ¡OOS! WITNESS my hand and official seal. (Notarial stamp or seal) tf ßJ-- Notary's Signature 11-] RECEIVED JAN 1 2 2004 Ansld ................ EXHIBIT "A" DESCRIPTION OF A SIDEWALK EASEMENT -------------------------------------------------------------- All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being the Westerly six feet of that certain parcel land described in Deed recorded on December 4, 2002, Series 16656342, Official Records of said County and State, said strip being described as follows: Beginning at the Southwesterly corner of said lands on the Easterly line of DeAnza Boulevard, formerly Saragota-Sunnva1e Road; Thence along said Easterly line NO'5830"E 96.99 feet; Thence along a curve to the right tangent to the last described line having a radius of 30.00 feet thru a central angle of 36'52'12" an arc length of 19.31 feet to a point which bears N52'09'18"W from the center of said curve; Thence leaving said curve and parallel with said Easterly line of DeAnza Boulevard SO'58'30"W 114.99 feet to the Southerly line of said lands; Thence along said line N89'OO'W 6.00 feet to the point of beginning. Being a portion of the NE~ of Section 24, T.7S., R.2W., M.D.B. & M. Refer to Exhibit "B", PLAT, which is hereby made a part of this description. APN 369-38-002 Address: 10550 S. DeAnza Blvd, Cupertino, CA Date: November 15, 2004 Prepared by: Edward J. Hahamian, RCE (1- Y r OJ z 5. DEAMZA BlVV/S,ARÃTOGA-SUNN.VALE RD. \) \g P,Q. ß. , " J /J o· !76~<2... E 9"6.9':} Ri:jq" <;,o~ ~IDEWALK EA5EMHIT 4'-'<10 J5Q'5B'30"W ij4~.9- ~,O~4 ~ ~ £1=%'52.."2" . ~~ 1r. ~ \0 L : /~,31 ,!\" 1;> ~. j~W "-' ..... --ra€> >¡>- ~4' ~ . I ~I ~ ~ '" ~ 2ß I~ I~ Q'"\ <:s:. ~ \.1J ~ &;( 10 a & uJ > -l - V') ,,,", ~ A PN 3~~-38·0Ö2 ~ 10550 S. DEAt--l"ZA BLV. ~ PT~ ME ïA- SECT. 24, T75, R 2\(/ I M.D B. t; 1"1 I l Nð'Sg'30' E /27.ðO TRACT No. 7854 Lot frS69 M 34 E X 1-1/8 J T "ß" PLA T ðF SIOEY/ALK.. EAsEMENT Tð CI7'( OF CU/>£RTINO, cA. s- ),lIt. /5. 2ð~4 ScALE: I" = 30' I! - I , ""\, //I~ . City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM I J.. AGENDA DATE February 15.2004 SUBJECT AND ISSUE Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate $200,000 in Fiscal Year 2005-06 funding from the State Bicycle Transportation Account for the Mary Avenue Bicycle Footbridge Improvement Project. BACKGROUND On February I, 2005 the Council approved an increased budget for the Mary A venue Footbridge project in the amount of$9,250,000, This included additional costs identified at the completion of the 35% level ofthe project plans, specifications, and estimate (PS&E). In recognition of these additional costs, the Council authorized the staff to seek additional funding from outside sources, and specifically approved the submittal of a request to VT A for additional Bicycle Expenditure Program funds in the amount of $ 1,560,000 and commitment of a City share of $ 75,000, with the understanding that staff would continue to explore additional outside sources of funding. In January of this year, in order to meet a February 1, 2005, submittal deadline, staff had submitted an application to Caltrans' Department of Local Assistance for a Fiscal Year (FY) 2005-2006 Bicycle Transportation Account (BT A) grant in the amount of $200,000. If approved, this application would assist the City of Cupertino in assembling additional funding sources in an amount up to $500,000 as an additional cost escalation contingency for the Mary Avenue Bicycle Footbridge, as approved by Council February 1, 2005. Previously, the project was awarded $600,000 in BT A funds in the FY 2003-2004 grant cycle, to assist in financing the local share of project funding. The submittal of the application for $200,000 in FY 2005-2006 BTA funds is part of the City's effort to seek the additional outside funds as noted above. The grant application would be supplemented by a confirmation by Council, in the form ofthe accompanying resolution, of the City's continuing commitment to this project, in light of the increased project cost. Printed on Recycled Paper /,¿-( FISCAL IMPACT The $200,000 BT A grant, if approved, will partially fulfill the need for the additional funding of the project currently budgeted at $9,250,000. STAFF RECOMMENDATION Staffrecommends that the City Council adopt Resolution No. 05- 030 , authorizing the City Manager to apply for, accept, and appropriate $200,000 in FY 2005-06 funding from the State Bicycle Transportation Account for the Mary Avenue Footbridge Improvement Project. Submitted by: ~~U~Uif Director of Public Works vid W. Knapp City Manager I~ - Á- RESOLUTION NO. 05-030 ORAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT AND APPROPRIATE $200,000 IN FY 2005-06 FUNDING FROM THE STATE BICYCLE TRANSPORTATION ACCOUNT FOR THE MARY AVENUE FOOTBRIDGE IMPROVEMENT PROJECT WHEREAS, the State Department of Transportation Bicycle Transportation Account (BT A) annually disburses funding to eligible jurisdictions for projects that improve safety and convenience for bicycle commuters; and WHEREAS, the City of Cupertino desires to apply for, accept and appropriate up to $200,000 in funding from BT A for fiscal year 2005-06 for the purpose of appropriating said funding to Public Works Department to implement a class II commute bikeway; and WHEREAS, the City of Cupertino will provide the required 10 percent local match for the BT A funds; and WHEREAS, said funding will allow the City to construct a bicycle and pedestrian footbridge to connect existing bicycle lanes over State Freeway 280 that will create a bicycle commuter corridor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to apply, accept and appropriate of FY 2005-2006 BTA funds in the amount of $200,000 to design and construct the Mary Avenue Footbridge; and BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized, on behalf of the City of Cupertino, to execute and submit all documents, payment requests, and related actions, as well as, to appropriate any additional funds received for the completion of the project; and BE IT FURTHER RESOLVED, that should additional funds be received for this project, the City Manager, or his designee, is hereby authorized to accept and appropriate the same for the purposes described above. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of February, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino (2- 3 City of Cupertino 10300 T one Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CITY OF CUPEIQ1NO Community Development Department Summary Agenda Item No. J 3 Agenda Date: February 15, 2005 Application: EA-2004-10, Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-12 Applicant (s): Greg Pinn (Oak Park Village) Property Location: 10745 N. De Anza Boulevard - Former Santa Barbara Grill Site APN#: 326-10-064 Application Summary: Consider denying a Rezomng Application to rezone the property from P(CG, ML, Res 4-10) to P(CG, ML, Res 35). Tentative Map Application for 46 residential condominiums. Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill) and construct a 46-unit condominium (Oak Park Village), Architectural and Site Approval for 46 residential units. RECOMMENDATION The Planning Comrnission recommends that the City Council deny: 1. Mitigated Negative Declaration, file number EA-2004-10; and 2. Rezomng application, Z-2004-03Use; and 3. Tentative Map application, TM-2004-11; and 4. Permit application, U-2004-09; and 5. Architectural and Site application, ASA-2004-12. Project Data: Site Area: No. Units: Proposed Building Area: 1.37 acres. 46 units. 83,941 sq.ft. (62,264 sq. ft. living & 21,677 sq. ft. circu1ationj patio) Proposed Garage Area: 31,022 sq. ft. Parking Spaces: 102 spaces (88 underground and 15 surface parking). General Plan Designation: OfficejIndustrialjCommercialjResidentia1 Zoning Designation: P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 unitsj ac). If approved, P(CG, ML, Res 35) Planned Development (General Commercial, Light Industrial, Residential 35 unitsj ac). Project Consistency with: General Plan: Yes. Zoning: Yes. Printed on Recycled Paper ¡3-{ Applications: U-2004-09, TM-2004-11, ASA-2004-12, Z-2004-03, EA-2004-10 Oak Park Village February 15, 2005 Page 2 Specific Plan: Environmental Assessment: North De Anza Boulevard Plan. Mitigated Negative Declaration. BACKGROUND On June 2, 2003, the City Council approved a hotel (Extended Stay America) at the subject site but the project was never built. The new proper owner, Pinn Brothers, is now requesting approval to build a 46-unit condominium project. The Planning Commission recommended denial (3-1-1) of the project on January 25, 2005, citing concerns regarding density, proximity to the 1-280 and residential uses at the project location. Project Description The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. The proposed 46-condorninium building is three stories (with a mezzanine) and 48 feet high, and includes an 88-car underground parking garage. In accordance with the City's Housing Mitigation Procedural Manual, 15% of the units (7 units) will be affordable units. General Plan and Zoning The General Plan designation is Office/Industria1/Commercial/Residential. The proposed building is consistent with the land use since residential is allowed. The project will require 46 units to be allocated from the North De Anza allocation pool (currently 150 units are available) leaving 104 remaining units in the pool. The proposed 50-foot tall building is less than the maximum allowed height of 60 feet. The building bulk is also below the 1:1 slope line drawn from the edge of curb as required (see sheet AOl in plan set). The current zoning of the site allows a residential density range of 4 - 10 dwellings per acre. The General Plan allows up to 35 dwelling units per acre in this area. The applicant's request is consistent with the density allocation of the General Plan. Therefore, the project is consistent with the General Plan and Zoning and no exceptions are being requested. North De Anza Conceptual Plan The North De Anza Conceptual Plan provides development standards and streetscape requirements for properties located south of Highway 280, Garden Gate subdivision to the west, Alves Drive and St. Joseph's church to the south, and Co11ins Junior High and properties on Larry Way to the east. The project complies with the development standards as follows: . The project provides a 50-foot wide landscaped setback (measured from the curb) with a meandering sidewalk as required in the Plan. A public access easement is included in the conditions of approval to allow portions of the meandering sidewalk to be located on private property. . The building is located adjacent to the street with parking in the rear. The building is consistent with the architecture along the street in conformance with the requirement for" architectural continuity" per the Plan. 2 (]- d-- Applications: U-2004-09, TM-2004-11, ASA-2004-12, Z-2004-03, EA-l004-10 Oak Park Village February 15, 2005 Page 3 A condition of approval requires the applicant to sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such a district is formed, the applicant shall be responsible for maintaining the landscaped area including the public right-of-way, in a manner acceptable to the City. Fiscal Impacts At the General Plan Task Force meetings, concerns were raised regarding residential developments replacing industrial/ commercial or non-residential developments in terms of the fiscal impacts to the City. The City revenues generated by otherwise commercial uses would be eliminated by non-sales tax based uses. In order to mitigate such loss, the conditions require this developer to enter into a development agreement with the City, agreeing to compensate the City for the potential revenue loss of converting commercial use to residential use. The appropriate amount of compensation shall be determined by taking 25% of the total site area and multiplying it by the average commercial restaurant sales tax revenue that the City usually receives from other restaurants or retail uses in the City (to be determined by the City prior to issuance of building permits) as shown by the following equation: Developer commercial sales tax compensation = (59,677 square feet 11.37 acre] x .25) x The Avera~e Restaurant/Retail Sales Tax Revenue The average sales tax return should be reduced to reflect the poor access and historic under performing nature of this site, The developer is also required to pay other fees such as Park Fees (estimated at $315,900) and other construction service fees to cover plan checks and inspections (estimated at 5% of off-site improvement cost or $2,130 minimum & 5% of the on-site improvement cost). In addition, according to the applicant, the condos will generate approximately $322,000 per a year in property tax ($7,000 per unit x 46 units). The City will receive approximately $12,880 per year from the property tax ($322,000 x .04). The Fremont Union High School District is projected to receive $53,440 ($322,000 x .167) from property tax and approximately $133,245 from developer fees (62,264 total living square feet x 2,14). PLANNING COMMISSION CONCERNS The Planning Commission recommended denial of the project based on a 3-1-1 vote, with Commissioner Miller abstaining. Commissioners identified three reasons for recommending denial of the project: 1. The proposed density is too high - Some of the concerns raised by the Commissioners were on the proposed project density (29 dwelling units per acre). Even though permitted by the General Plan, some Commissioners felt that the density is too high for this site and would like to see a lower density project (10 dwelling units per acre). This may mean a lowered building and possibly detached units. 3 ! 3- 3 Applications: U-2004-09, TM-2004-11, ASA-2004-12, Z-2004-03, EA-2004-10 Oak Park Village February 15, 2005 Page 4 2. The proposed residential condos are too close to 1-280 - Some commissioners expressed concerns about the potential noise impacts and the overall quality of living for residential units right next to the freeway. 3. The City would like to see some form of commercial or office development at the site - Concerns were raised regarding converting the property into residential use. Some Commissioners expressed the desire for commercial and office uses on tills site. PUBLIC INPUT Some neighbors and members of the public voiced concerns regarding traffic safety issues and cut through traffic. Most of the issues raised involve existing situations umelated to the proposed project, but to current conditions. Staff note: The project traffic is expected to approach and depart via De Anza Boulevard. Some traffic may use neighborhood streets such as Stelling Road, Valley Green Drive, GreeIÙeaf Drive, and Beardon Drive. The project is expected to generate 20 AM peak-hour trips (3 in/170ut) and 24 PM peak-hour trips (16in/8 out) and the amount of vehicles added to existing streets will be insignificant. The proposed condo project would generate substantially less trips than the approved hotel and the previous restaurant (479 trips less than the hotel and 658 trips less than the restaurant). Therefore the project is not expected to significantly impact the immediate neighborhood. STAPP COMMENTS Staff recommended approval of the applicant's proposal because it is consistent with the General Plan and the North De Anza Conceptual Plan. Also the applicant has worked diligently with staff to design a building that will not OIÙY be compatible with the surrounding commercial/ office buildings (both design and height) but also enhance this gateway area to the City. In addition, the developer has agreed to compensate the City for the potential revenue loss of converting commercial to residential. Historically, commercial restaurants have not done well at tills site due to difficult site access and lack of building visibility. Randoll Mackly, a commercial real estate consultant who was retained by the developer to study the commercial viability of tills site, has also confirmed that the site is not suitable for commercial activities since it is in an isolated location, detached from any pedestrian activities. Given the existing high vacancy rate of office buildings it will also be difficult to economically facilitate another new office complex at the project site, especially with a vacant NetManagement office building immediately adjacent. The detailed project issues are outlined in the staff report to the Planning Commission dated January 25, 2005 (See attachment). If the Council finds merits in the project it could approve the project based on the conditions recommended to the Planning Commission. 4 !3~c{ Applications: U-2004-09, TM-2004-11, ASA-2004-12, Z-2004-03, EA-2004-10 Page 5 Oak Park Village February 15, 2005 Prepared by: Gary Chao, Assistant Planner /~ APPROVED BY: D'W~ City Manager i v Steve Piasec . Director Of Community Development ENCLOSURES Planning Commission Resolution No. 6288 Recommended Conditions of Approval Zoning Ordinance Zoning Plat Map Mitigated Negative Declaration Plan set Planning Commission staff report dated January 25, 2005. Minutes of the Planning Commission dated January 25, 2005. 5 IJ~) TM-2004-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6288 (Denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A TENTATIVE MAP APPLICATION FOR 46 CONDOMINIUMS ON A 1.37-ACRE PARCEL SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-11 Greg Pinn 10745 N. De Anza Boulevard - Oak Park Village APN No. 326-10-064 SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements: a) That the proposed subdivision map is not consistent with the City of Cupertino General Plan.' b) That the design and improvements of the proposed subdivision are not consistent with the General Plan. c) That the site is not physically suitable for the type and intensity of development conternplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvernents associated therewith are likely to cause serious public health problems. £) That the design of the subdivision and its associated improvernents will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. /'5- ~ Resolution No. 6288 Page 2 TM-2004-11 January 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of rnaps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-11 for a Tentative Map is hereby recommended for denial, and That the subconclusions upon which the findings specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2004-11, as set forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen; Giefer; Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: Vice-Chair Miller COMMISSIONERS: ATTEST: APPROVED: / s/ Steve Piasecki Steve Piasecki Director of Community Development /s/ Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission /J-l The Recommended Conditions of Approval CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan set dated January 14, 2005, entitled "Oak Park Village, 10745 N. De Anza Boulevard, Cupertino, CA, by Pinn Brothers," and as amended by this resolution. 2. DEVELOPMENT APPROVAL Approval is granted for the demolition of the former Santa Barbara Grill restaurant and construction of a 46-unit condominium complex with a 88-car underground parking garage and 15 surface parking spaces. 3. PROTECT AMENDMENTS Amendments to the project, considered major by the Director of Community Development, shall be reviewed by the Planning Commission. 4. DESIGN The applicant shall work with staff and the City's consultant architect to provide the following design changes that shall be approved by the Design Review Committee prior to issuance of building permits: a. Enhance the entry feature along De Anza Boulevard - the arched entry awning should be more substantial to be more distinct at a pedestrian level. The entry steps/ short walls should be more prominent. b. Colors - Consider a lighter combination of colors for the main body of the building to be more consistent with the neighboring buildings, c. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. d. Windows - Recess windows to a minimum of 3 inches from the exterior wall face. e. Provide pavers in all driveway and surface parking areas currently proposed to be asphalt. The north and south paths should also have pavers. Pavers on sand shall be provided where paving located on natural ground. Special pavers should also be provided on the podium wherever feasible. f. Landscaping Swales - Bio-swa1es should be provided when ever possible in landscaping areas. Especially along the northerly boundary of the property. g. Lighting- · Provide high quality pedestrian scaled lights and lit bollards in the front entry area, parking area, interior courtyard area, and the north and south bike paths. · Provide uplighting for the building, tower element, entry awnings to enhance visibility of the building at night. · Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. I)-I( 5, CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of constmcnon equipment shall not occur within 250 feet of any residential property. 6. LANDSCAPING a. A landscape bond in the amount of the cost of the landscaping shall be provided prior to issuance of building permits. The bond shall be returned upon inspection by Planning staff and a letter frorn the landscape architect certifying that all landscaping per the approval has been installed in the proper manner. b. The applicant shall adhere to the recommendations of the City Arborist in the report dated November 1, 2004 and any subsequent supplement reports thereafter. c. Preliminary, the project proposes to plant 52 new trees as mitigation for the removaL At the tirne of the preparation of this staff report, the City Arborist is assessing the values of the removed trees and will determine additional appropriate rnitigation measures. Some of the replacements may include field grown trees. The project will be required as a condition to adhere to the City Arborist's recommendations. The proposed landscaping plan shall be revised to be consistent with the City's Arborist's recommendations. 7. TREE PROTECTION a. Protection plan - As part of the building perrnit drawings, a tree protection plan shall be prepared by a landscape architect or certified arborist for the specimen oak and trees to be retained on the site. The tree protection shall be inspected and approved by the landscape architect prior to beginning construction. b. Tree protection Bond - The applicant, prior to issuance of the first building permit, shall provide a tree protection bond in the amount of $50,000 to ensure protection of existing trees on the site during construction. The bond shall be returned after occupancy permit is issued upon provision of a report by a landscape architect or certified arborist indicating that the trees are in good condition. 8. PEDESTRIAN EASEMENT Pedestrian easernents over the sidewalk area and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 9. TRANSFORMERS Electrical transforrners, telephone vaults, backflow preventers and similar above ground equipment enclosures shall not be located in the front (curb to building) along North De Anza Boulevard. The equiprnent locations shall be determined prior to issuance of building permits. The equipment shall be screened with fencing and landscaping or located underground such that it is not visible from public areas or the private drive to the west of the site. 2 {3-9 10. TRASH ENCLOSURE The trash enclosure shall be attractively designed to match the architecture of the building and shall be screened by landscaping. The design shall be approved by the Director of Corrununity Development prior to issuance of building permits. 11. MAINTENANCE AGREEMENT The following shall be cornpleted prior to issuance of building permits: a. The property is to be maintained free of any debris and weeds until the time that actual construction commences. All existing structures shall be secured, or be demolished or removed frorn the property. b. The applicant shall sign a written agreement agreeing to join an open space rnaintenance district when such a district is formed. Until such a district is formed. The applicant shall be responsible for maintaining the landscaped area, including that in the public right-of-way, in a manner acceptable to the City. c, The landscaping shall be rnaintained in good heaJth and graffiti shall be rernoved within a reasonable period of time. d. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record a maintenance agreement and CC&Rs, subject to review and approvaJ by the City Attorney, City Engineer, and Community Development Director, which shall include the following: 1. Continued architectural controls to ensure the architectural integrity of the project. 11. Description and map illustrating "public" areas to be maintained and ensure that the open space area and pedestrian/bike paths and the landscaped area along the frontage are available to the public. iii. Standards for rnaintenance for landscaping within the project site to be prepared by a landscape architect. iv. Standards for the long-term property maintenance for the building, landscaping and sound walls as necessary including: maintaining the property free of debris and weeds at all times and graffiti removal within a reasonable period of time. v. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreement and CC&Rs. 12. UTILITY EASEMENTS Written approvaJ from the agencies with easements on the property (including PG&E, Pac Bell and California Water Company, and/ or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 13. SANTA CLARA VALLEY WATER DISTRICT A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley Water District prior to issuance of building permits. 14. SANITARY DISTRICT 3 13-(0 Prior to obtaining a permit for occupancy, the applicant shall provide written confirrnation from the Cupertino Sanitary District that adequate capacity is available for the project or the applicant shan make the necessary improvements to ensure adequate capacity for the project. 15. BELOW MARKET RATE UNITS A total of seven (7) units out of the 46 condominiums shall be affordable per the guidelines set forth in the City's Housing Mitigation Procedural Manual. 16. COMMERCIAL SALES TAX COMPENSATION The developer shall enter into a development agreement with the City, agreeing to compensate the City for the potential revenue loss by converting commercial use to residential use. The appropriate amount of compensation shall be determined by taking 25% of the total site area and multiply it by the average commercial restaurant sales tax revenue that the City usually receives from other restaurants in the City (to be determined by the City prior to issuance of building permits) as the following equation: Developer commercial sales tax compensation = (59,677 square feet [1.37 acrel x .25\ x The Average Restaurant Sales Tax Revenue The final agreement shall be submitted and approved by the City Attorney prior to issuance of building permits. 17, SIGNAGE AND DIRECTIONAL SIGN AGE a. Signage is not approved as part of this application. The application shall bring a signage plan to be approved by the Director of Community Developrnent b. As part of the signage plan, the applicant shall include directional signage, possibly on North De Anza Boulevard and Valley Green Drive, to provide visitors clear directions to the vehicular entrance of the site. 18. MEDIAN IMPROVEMENTS The applicant is required to contribute up to $25,000 toward the replacement of the dilapidated welcome to Cupertino sign in the street median or construct a new sign per City specifications to be determined at a later date. 19. DEMOLITION REOUIREMENT All existing structures on the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with the City Ordinance. 20, NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written 4 { 3-¡[ 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 gO-day approval period in which YO\1 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 cornplying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 21. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 22. 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. 23. FIRE HYDRANT Fire hydrants shall be located as required by the City. 24. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All irnprovement plans shall include all necessary signage, details and legends along with traffic control plans, 25. 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, 26. 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. 27, DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. 28. 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 5 IJ-I :L underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 29. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storrn drain fees, park dedication fees and fees for undergrounding of utilities. Said agreernent shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $2,130 minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Off-Site Improvement Cost or $ 5 % of On- Site Improvement Cost $ 1,000.00 TBD ** $ 6,750.00 $ 315,900 * * Park fee calculations based on 39 units once the 7 BMR units were subtracted from the total of 46. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvernents, -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be rnodified 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 for one-year power cost for streetlights 30. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible frorn public street areas. 31. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject developrnent. 6 I]~n 32. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP' s), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvernent plans. 33. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS In addition, the applicant must include the use and maintenance of BMPs for site design and storrn water treatment, which must be designed per approved numeric sizing criteria. The property owners with treatment BMPs will be required to certify on-going operation and maintenance. 34. NPDES CONSTRUCTION GENERAL PERMIT The applicant must obtain a notice of intent (NOI) from the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Managernent Practices (BMP' s) to control storrn water runoff quality and BMP inspection and maintenance. 35, EROSION CONTROL PLAN The developer rnust provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. 36. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. 37. MAINTENANCE AGREEMENT The developer shall enter into a maintenance agreement with the City to maintain all non-standard items in the City's Right-of-way, 7 I J-{ Ý DRAFT ORDINANCE NO. 1959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING OF A 1.58 ACRE PARCEL FROM P(CG, ML, RES 4-10) TO P(CG, ML, RES 35) WHEREAS, an application was received by the City (Application no. Z-2004-03) for the rezoning of a property to P(CG, ML, RES 35); 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 of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A is hereby rezoned to P(CG,ML, RES 35); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2, This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 15th day of February, 2005 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _ day of , 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino (J-(5 --------- JUN/Þ€AQ S€RRA (280) FRL:L:WAY N ?~,~- OF v13/"W --~ 336.53' - - 42 -------- 1.53' ---- w 0)' 00 . 0 <D . 10 <D ION -0 (IJ TOTAL SITE 1,579 ±ACRES Rezone from P(CG, ML, Res 4-10) to P (CG, ML, Res 35) POINT OF BEGINNING 34§..90' N 89'53'51" E 409.69' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: THE SHELTON COMPANY /""""', o « ° 0::: - w ~d.:i :::; s:: '" mz .... <5 ~ NlfJ Z I W <0 ~ WO N c~ 8 :J:~ z 61,69' j:.lfJ O~ ZEJ W ¿15 0::: a:: ° ~ u... z '--' ~ , , , DATE SCALE DEC,,2004 '''=60' CUPERTINO CALIFORNIA DR. BY CCB 'KIER & WRIGHT JOB A00009-2 FOR PLANNING PURPOSES ONLY CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO, 3350 Scott Boulevard. Building 22 (408)727-6665 Santa Clora. California 95054 flJ( (408)727-5641 2 OF 2 USER:cbeach 1:\dwg\A00009\SURVEY\PLAT\METES & BOUNDS,dwg DECEMBER 14, 2004 9:49 AM ['3-1 (" December 14, 2004 Project No, A00009-2 Page I of2 EXHIBIT "A" LEGAL DESCRIPTION FOR PLANNING PURPOSES ONLY All that certain real property lying within the City of Cupertino, County of Santa Clara, State of California, and being all of Parcel 1 and a portion of North De Anza Boulevard (formerly Saratoga-Sunnyvale Road), as shown on that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara on August 9, 1974 in Book 344 of Maps at Page 10 and being more particularly described as follows. Beginning that the southwest corner of said Parcell, thence along the following four (4) courses and distances: 1. North 89°53'51" East, 409.69 feet; 2. North 00°12'17" East, 119.43 feet; 3. tforth 76°51'37" West, 421.53 feet; 4. South 00°06'09" East, 216.00 feet to the POINT OF BEGINNING. Description prepared by Kier & Wright Civil Engineers and Surveyor's Inc. [,2-(/4/0f Date ~RU~ r y R. Vigil .s, 6256 '/e , '., ,-o~' i' 1,,-A,>\\ ,...- ,\ \ '~ \ 0.1.>..." /:'", ~'. 1. >, _'.. '_.' ~-~ ,~..... "",~j F:\PROJECTSIA00009-2\Legal for Planning. doc /]-[1 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 February 15, 2005. PROTECT DESCRIPTION AND LOCATION EA-2004-10 Application No.: Applicant: Location: 2-2004-03, TM-2004-11, U-2004-09, ASA-2004-12 Greg Pinn (Oak Park Village) 10745 N. De Anza Boulevard DISCRETIONARY ACTION REQUEST Rezoning of a 1.37-acre parcel from P(CG, ML, Res 4-10) to P(CG, ML, Res 35) Tentative Map to create 46 residential condominiums, Use Permit to demolish a vacant restaurant building and construct approximately 46 residential units, Architectural and Site Approval for approximately 45 residential units. FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration with the following mitigations: 1. Trees: The project proposes to remove 22 trees. The project proposes to plant 52 new trees as mitigation for the removal. The City Arborist is assessing the values of the rernoved trees and will determine additional mitigation measures. The project will be required as a condition to adhere to the City Arborist's recommendations. The proposed landscaping plan shall be revised to be consistent with the City's Arborist's recommendations. Steve Piasecki Director of Community Developrnent CERTIFICATE 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 City Clerk g/erçlnegEJl200410 \ 3-1% CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, Califomia 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2004-09, TM-2004-10, ASA-2004-12, Z-2004-03, EA-2004-10 Agenda Date: Greg Pinn, Pinn Brothers Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill) and construct a 46-unit condominium (Oak Park Village). Tentative Map Application for 46 residential condominiums. Architectural and Site Approval for 46 residential units and a Rezorring Application to rezone the property from P(CG, ML, Res 4-10) to P(CG, ML, Res 35). RECOMMENDATION Planning Commission should recommend: 1. Approval the following: a. Mitigated Negative Declaration, file nurnber EA-2004-10 b. The Use Permit application, file number U-2004-09, in accordance with the model resolution. c. The Tentative Map application, file number TM-2004-11, in accordance with the model resolution. d, The Architectural and Site application, file number ASA-2003-12, in accordance with the model resolution. e. The Rezorring application, file number Z-2004-10, in accordance with the model resolution. Project Data: Site Area: No. Units: Proposed Building Area: Proposed Garage Area: Parking Spaces: General Plan Designation: Zoning Designation: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: 1.37 acres. 46 units. 83,941 sq.ft. (62,264 sq. ft. living & 21,677 sq. ft. circulation/ patio) 31,022 sq. ft. 102 spaces (88 underground and 15 surface parking). Commercial/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 units/ ac). If approved, P(CG, ML, Res 35) Planned Development (General Commercial, Light Industrial, Residential 35 units/ ac). Yes. Yes, North De Anza Boulevard Plan. Mitigated Negative Declaration. 13-/9 Applications: U-2004-L fM-2004-10, ASA-2004-12, Z-2004-1, JA-2002-23 Project Name: Oak Park Village Hearing Date: January 25, 2005 Page 2 DISCUSSION Project Description The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. The proposed 46- condominium building is three stories (with a mezzanine) and 48 feet high, and includes an 88- car underground parking garage. In accordance with the City's Housing Mitigation Procedural Manual, 15% of the units (7 units) will be affordable units. General Plan and Zoning The General Plan designation is Commercial/Residential. The proposed building is consistent with the land use since residential is allowed. The project will require 46 units to be allocated from the North De Anza allocation pool (currently 150 units are available). The proposed 50- foot tall building is less than the maximum allowed height of 60 feet, The building bulk is also below the 1:1 slope line drawn from the edge of curb as required (see sheet AOl). The current zoning of the site allows a residential density range of 4 - 10 dwellings per acre. The General Plan allows projects up to 35 dwelling units per acre in this area, and the applicant is rezoning consistent with the density allocation of the General Plan. Therefore, the project is consistent with the General Plan and Zoning and no exceptions are being requested. North De Anza Conceptual Plan The North De Anza Conceptual Plan provides development standards and streetscape requirements for properties located south of Highway 280 to the north, Garden Gate subdivision to the west, Alves Drive and St. Joseph's church to the south, and Collins Junior High and properties on Larry Way to the east. The project complies with the development standards as follows: · The project provides a 50-foot wide landscaped setback (measured from the curb) with a meandering sidewalk as required in the Plan. A public access easement is included in the conditions of approval to allow portions of the meandering sidewalk to be located on private property. · The building is located adjacent to the street with parking in the rear. The building is consistent with the architecture along the street in conformance with the requirement for "architectural continuity" per the Plan. · A condition of approval requires the applicant to sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such a district is formed, the applicant shall be responsible for maintaining the landscaped area including the public right-of-way, in a manner acceptable to the City. / J-.2{) Applications: U-2004-L fM-2004-10, ASA-2004-12, 2-2004-1, JA-2002-23 Project Name: Oak Park Village Hearing Date: January 25, 2005 Page 3 Architectural Design The project site is in a prominent location and is visible to people entering Cupertino from Sunnyvale and from Highway 280. Therefore, development in this location will be expected to incorporate high quality architecture, building materials, landscaping, lighting, and special features including public art, a plaza, or a water feature along De Anza Boulevard. The condominium building is designed in a modem style to reflect the architecture of the Apple campus, the NetManage building, and office buildings along North De Anza Boulevard. The building is designed with the front lobby and entrance facing North De Anza Boulevard. The main entrance is located near the surface parking lot to the west of the building. The proposed building is three stories tall (with a top mezzanine level) with a IIÙxture of a curved and flat metal roof. The underground garage is partially submerged and is screened with landscaping around the perimeter. The east elevation along North De Anza Boulevard has a glass tower feature with an arched metal roof and an arched entry awning on the first floor to highlight the entrance. The main building entrance to the west also has a siIIÙlar arched metal awning feature. The majority of the windows on the third floor and some of the glass tower elements at the building comers are accented by metal awnings. Metal railings with decorative angular posts and trims accent the second and third story balconies. The ground floor patio areas are covered with metal trellises. The facades are articulated with the entry tower, building plane changes, awning/ trellis elements, and recessed windows and recessed balcony features. The base consists of Chinese slates (rusty multi-color) and extends up interIIÙttentIy to the entire height of the first story around the comers of the building along the east and west elevations. Other exterior materials include tan and dark grey-purple colored stucco for the main body of the building, slate gray wall metal panel for some of the tower features, bronze anodized aluminum entry story front & canopy, bronze anodized aluminum windows and a sky-blue metal seam canopy roof. The metal balconies, rai1ings, trellises and awnings are proposed to be in an "inkwell" (brown- bronze) color. The front landscaping maintains the existing meandering sidewalk. A public art feature is proposed in the front yard along North De Anza Boulevard. A podium courtyard area is proposed inside the condominium complex and it will include a bocce ball court, a fountain feature, sitting areas and an internet" café" with outdoor tables and chairs. The project also proposes to plant a variety of trees around the perimeter of the site, around the building and in the interior courtyard area (either in pre-cast colored concrete pots/ planters). A material board will be available at the meeting. Staff recommends some additional design elements to enhance the quality of the building and site. Following is a summary of the recommended changes and suggestions: 1. Enhance the entry feature along De Anza Boulevard - the arched entry awning should be more substantial to be more distinct at a pedestrian level. The entry steps/ short walls should be more prominent. 2. Colors - Consider a lighter combination of colors for the main body of the building to be more consistent with the neighboring buildings. ¡;,- 2 { Applications: U-2004-(' fM-2004-1O, ASA-2004-12, Z-2004-1L "A-2002-23 Project Name: Oak Park Village Hearing Date: January 25, 2005 Page 4 3. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. 4. Windows - Recess windows to a minimum of 3 inches from the exterior wall face. 5, Provide pavers in all driveway and surface parking areas currently proposed to be asphalt. The north and south paths should also have pavers, Pavers on sand shall be provided where paving located on natural ground. Special pavers should also be provided on the podium wherever feasible. 6. Landscaping Swales - Bio-swales should be provided when ever possible in landscaping areas. Especially along the northerly boundary of the property. 7. Lighting- a. Provide high quality pedestrian scaled lights and lit bollards in the front entry area, parking area, interior courtyard area, and the north and south bike paths. b. Provide uplighting for the building, tower element, entry awnings to enhance visibility of the building at night. c. Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. Staff will work with the applicant and the City's design review architect to incorporate the above changes and recommends that these specific architectural elements be brought back to the Design Review Committee for approval. Median Improvements As previously mentioned, the project is located at a prominent entry point to the City. There is currently a landscaped street median in front of the project on De Anza Boulevard with a dilapidated welcome to Cupertino ground sign. The applicant has already agreed to either contribute up to $25,000 toward the replacement of this sign or construct the sign per City specifications to be determined at a later date. This will be a condition of the project. Traffic & Circulation Traffic Analysis Traffic reports were prepared by Fehr & Peers Associates, Inc. in October 19, 2004 and January 18,2005 (see Exhibit A & B for summary of the report). According to the reports, the number of trips generated by the project was compared to the number of trips generated by the previous restaurant and the 120-room hotel that was previously approved for this site. The project is estimated to generate a total of 270 daily trips, 20 AM pea-hour trips and 24 PM peak hour trips. This is 658 trips fewer than the previous restaurant use and 479 trips fewer than the previously approved hotel. Therefore, the project will not result in significant intersection impacts and no mitigation measures are required. Access to the site is provided through a shared access driveway on Valley Green Drive. The Fire Department has determined that emergency vehicles access will be adequate. u/Ÿ" (J-~ Applications: U-2004-, TM-2004-10, ASA-2004-12, 2-2004-1 . .:iA-2002-23 Project Name: Oak Park Village Hearing Date: January 25, 2005 Page 5 Parking Parking for the project consists of 103 spaces: 15 on-grade and 88 spaces in the underground garage. The City's parking code requires 92 spaces for the proposed building (2 stalls per each unit). Therefore, the parking provided on-site is considered adequate. Neighborhood Cut-Through Project traffic is; expected to approach and depart via De Anza Boulevard. Some traffic may use neighborhood streets such as Stelling Road, Valley Green Drive, GreeIÙeaf Drive, and Beardon Drive. The project is expected to generate 20 AM peak-hour trips (3 in/17out) and 24 PM peak- hour trips (16in/8 out) and the amount of vehicles added to these streets will be insignificant. Therefore, the project will not result in significant impacts to the immediate neighborhood. Tree Removal A total of 48 trees are on the project site. The project proposes to remove 22 of them to either allow for the construction of the building pad/underground parking structure or simply because some of ~e trees are nearly dying, They include: Six Paperbarks, one Ash, two Magnolias, two Sweet Gums and 11 Coast Redwoods. Preliminary, the project proposes to plant 52 new trees as mitigation for the removal. At the time of the preparation of this staff report, the City Arborist is assessing the values of the removed trees and will determine additional appropriate mitigation measures. Some of the replacements may include field grown trees. The project will be required as a condition to adhere to the City Arborist's recommendations. The proposed landscaping plan shall be revised to be consistent with the City's Arborist's recommendations. Signage Signage is not included in the approvals of this application. The applicant will be required to provide a sign program to be approved by the Director of Community Development. Signage will require consistency with the architecture, colors and materials for the proposed building. Sanitary Sewer Sanitary sewer service is available to the site. The applicants, like other users of the system, will be required to pay District fees and obtain a permit for construction of the project. A condition requires that if necessary improvements are required, they shall be completed prior to building occupancy. Storm Water Quality Management The Regional Water Quality Control Board is requiring local agencies to reduce impervious surface and incorporate storm water quality design techniques in their new projects. The current project site has a restaurant building and a large paved asphalt parking lot. The applicants have indicated that the proposed project is not expected to increase impervious surface area. A condition of approval requires the applicants to provide pre-development and post-development drainage calculations to determine whether stormwater run-off reduction measures are required. 1'3-2-) Applications: U-2004-0., ;M-2004-10, ASA-2004-12, Z-2004-1C A-2002-23 Project Name: Oak Park Village Hearing Date: January 25, 2005 Page 6 Easements The property has three easernents through the site, Two of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and Pac BelL The third utility easement for California Water Company runs along the western edge of the property. The applicants have been working with the agencies to get approval for the project plans with respect to easement restrictions. Written approval from the relevant agencies will be required as a condition of approval prior to issuance of building permits. Santa Clara Valley Water District The northern property line of the site is adjacent to the flood channel along Highway 280, which is managed by the Santa Clara Valley Water District. A condition of approval will require a letter of clearance from the District prior to issuance of building permits. Fiscal Impacts At the General Plan Task Force meetings, concerns were raised regarding residential developments replacing industrialj commercial or non-residential developments in terms of the fiscal impacts to the City. The City revenues generated by otherwise commercial uses would be elimIDated by non-sales tax based uses. In order to mitigate such loss, the developer shall enter into a development agreement with the City, agreeing to compensate the City for the potential revenue loss of converting commercial use to residential use. The developer has been apprised of this condition. The appropriate amount of compensation shall be determined by taking 25% of the total site area and multiplying it by the average commercial restaurant sales tax revenue that the City usually receives from other restaurants or retail uses in the City (to be determined by the City prior to issuance of building permits) as shown by the following equation: Develover commercial sales tax comvensation = (59,677 square feet [1.37 acrel x .25) x The Average Restaurant/Retail Sales Tax Revenue The developer is also required to pay other fees such as Park Fees (estimated at $315,900) and other construction service fees to cover plan checks and inspections (estimated at 5% of off-site improvement cost or $2,130 minimum & 5% of the on-site improvement cost) Neighborhood Meeting A neighborhood meeting is scheduled on January 20, 2005 at Cypress Hotel after the preparation of the staff report. Staff will report the outcome of the meeting at the Planning Commission public hearing, Environmental Review The Environmental Review Committee recommended a Mitigated Negative Declaration with at least 52 new trees to be planted as mitigation for removal of 22 trees or as may be recommended by the City Arborist's at a later date. (J-2'-( Applications: U-2004-, TM-2004-10, ASA-2004-12, Z-2004-1 . JA-2002-23 Project Name: Oak Park Village Hearing Dale: January 25, 2005 Page 7 ENCLOSURES Model Resolution for U-2004-09 Model Resolution for TM-2004-10 Model Resolution for ASA-2004-12 Model Resolution for Z-2004-03 Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, October 18, 2005 Exhibit B: Summary of the Traffic Report prepared by Fehr and Peers, January 18, 2005 Exhibit C: Noise Analysis prepared by Lewtz and Associates Inc., August 12, 2002 Exhibit D: Noise Analysis prepared by Lewtz and Associates Inc., November 30, 2004 Exhibit E: Noise Analysis prepared by Lewtz and Associates Ine., December 14, 2004 Exhibit F: Arborist Report prepared by Barrie D. Coates and Associates, November 1, 2004 Initial Study Recommendation of the Environmental Review Committee Plan set Zoning Plat Map Materia1/ Color Illustration Color Renderings Submitted by: Gary Chao, Assistant Planner C:.----. Approved by: Steve Piasecki, Director of Community Deve10pmen~ r)-2~ U-2004-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF THE FORMER SANTA BARBARA GRILL RESTAURANT AND CONSTRUCTION OF A 46-UNIT CONDOMINIMUM BUILDING (OAK PARK VILLAGE) AT 10745 N. DE ANZA BOULEVARD. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: U-2004-09, EA-2004-10 Greg Pinn 10745 N. De Anza Boulevard - Santa Barbara Grill APN No. 326-10-064 SECTION II: FINDINGS WHEREAS, the Plaruúng 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 rnet 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 irnprovernents in the vicinity, and will not be detrirnental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this rnatter, application no. U-2004-09 is hereby recommended for approval; and ( J - Z¿ Resolution No. Page 2 U-2004-09 January 25,2004 That the subconc1usions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application U-2004-09, as set forth in the Minutes of the Planning Commission Meeting of January 25, 2005, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1, APPROVED EXHIBITS Approval is based on plan set dated January 14, 2005, entitled "Oak Park Village, 10745 N. De Anza Boulevard, Cupertino, CA, by Pinn Brothers," and as amended by this resolution. 2, DEVELOPMENT APPROVAL Approval is granted for the demolition of the former Santa Barbara Grill restaurant and construction of a 46-unit condominium complex with a 88-car underground parking garage and 15 surface parking spaces. 3. PROTECT AMENDMENTS Arnendrnents to the project, considered major by the Director of Community Development, shall be reviewed by the Planning Commission. 4. DESIGN The applicant shall work with staff and the City's consultant architect to provide the following design changes that shall be approved by the Design Review Committee prior to issuance of building permits: a. Enhance the entry feature along De Anza Boulevard - the arched entry awning should be more substantial to be more distinct at a pedestrian level. The entry steps/ short walls should be more prominent. b. Colors - Consider a lighter combination of colors for the main body of the building to be more consistent with the neighboring buildings. c. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. d. Windows - Recess windows to a minimum of 3 inches from the exterior wall face. e. Provide pavers in all driveway and surface parking areas currently proposed to be asphalt. The north and south paths should also have pavers. Pavers on sand shall be provided where paving located on natural ground. Special pavers should also be provided on the podium wherever feasible. f. Landscaping Swales - Bio-swa1es should be provided when ever possible in landscaping areas. Especially along the northerly boundary of the property. g. Lighting - . Provide high quality pedestrian scaled lights and lit bollards in the front entry area, parking area, interior courtyard area, and the north and south bike paths. 2 IJ-17 Resolution No. Page 3 U-2004-09 January 25,2004 . Provide uplighting for the building, tower element entry awnings to enhance visibility of the building at night. . Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. 5. CONSTRUCTION MANAGEMENT PLAN A construction managernent plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. 6. LANDSCAPING a. A landscape bond in the amount of the cost of the landscaping shall be provided prior to issuance of building perrnits. The bond shall be returned upon inspection by Planning staff and a letter from the landscape architect certifying that all landscaping per the approval has been installed in the proper manner. b. The applicant shall adhere to the recommendations of the City Arborist in the report dated Novernber 1, 2004 and any subsequent supplernent reports thereafter, c. Preliminary, the project proposes to plant 52 new trees as mitigation for the removal. At the tirne of the preparation of this staff report, the City Arborist is assessing the values of the removed trees and will determine additional appropriate mitigation measures. Some of the replacernents may include field grown trees. The project will be required as a condition to adhere to the City Arborist's recommendations. The proposed landscaping plan shall be revised to be consistent with the City's Arborist's recommendations. 7. TREE PROTECTION a. Protection plan - As part of the building permit drawings, a tree protection plan shall be prepared by a landscape architect or certified arborist for the specimen oak and trees to be retained on the site. The tree protection shall be inspected and approved by the landscape architect prior to beginning construction. b. Tree protection Bond - The applicant, prior to issuance of the first building permit, shall provide a tree protection bond in the amount of $50,000 to ensure protection of existing trees on the site during construction. The bond shall be returned after occupancy permit is issued upon provision of a report by a landscape architect or certified arborist indicating that the trees are in good condition. 8. PEDESTRIAN EASEMENT Pedestrian easements over the sidewalk area and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 3 1) ~ 2.Ò Resolution No, Page 4 U-2004-09 January 25, 2004 9. TRANSFORMERS Electrical transformers, telephone vaults, backflow preventers and similar above ground equipment enclosures shall not be located in the front (curb to building) along North De Anza Boulevard. The equipment locations shall be determined prior to issuance of building perrnits. The equiprnent shall be screened with fencing and landscaping or located underground such that it is not visible frorn public areas or the private drive to the west of the site. 10. TRASH ENCLOSURE The trash enclosure shall be attractively designed to rnatch the architecture of the building and shall be screened by landscaping. The design shall be approved by the Director of Community Development prior to issuance of building permits. 11. MAINTENANCE AGREEMENT The following shall be completed prior to issuance of building permits: a. The property is to be maintained free of any debris and weeds until the time that actual construction commences. All existing structures shall be secured, or be dernolished or removed from the property. b. The applicant shall sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such a district is formed. The applicant shall be responsible for rnaintaining the landscaped area, including that in the public right-of-way, in a rnanner acceptable to the City. c. The landscaping shall be maintained in good health and graffiti shall be removed within a reasonable period of time. d. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record a maintenance agreement and CC&Rs, subject to review and approval by the City Attorney, City Engineer, and Community Development Director, which shall include the following: i. Continued architectural controls to ensure the architectural integrity of the project. ii. Description and rnap illustrating "public" areas to be maintained and ensure that the open space area and pedestrian/bike paths and the landscaped area along the frontage are available to the public. iii. Standards for maintenance for landscaping within the project site to be prepared by a landscape architect. iv. Standards for the long-term property maintenance for the building, landscaping and sound walls as necessary including: maintaining the property free of debris and weeds at all tirnes and graffiti removal within a reasonable period of tirne. v. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreement and CC&Rs. 4 (J- 27 Resolution No. Page 5 U-2004-09 January 25,2004 12. UTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, PacBell and California Water Company, and/ or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 13. SANTA CLARA VALLEY WATER DISTRICT A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley Water District prior to issuance of building permits. 14. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written confirrnation from the Cupertino Sanitary District that adequate capacity is available for the project or the applicant shall make the necessary improvements to ensure adequate capacity for the project. 15. BELOW MARKET RATE UNITS A total of seven (7) units out of the 46 condominiums shall be affordable per the guidelines set forth in the City's Housing Mitigation Procedural Manual. 16. COMMERCIAL SALES TAX COMPENSATION The developer shall enter into a developrnent agreement with the City, agreeing to compensate the City for the potential ongoing revenue loss and cost of providing municipal services resulting frorn converting the site from a commercial use to a residential use. The appropriate arnount of cornpensation shall be determined by taking 25% of the total site area and rnultiplying it by the average commercial restaurant/retail sales tax revenue that the City usually receives frorn other restaurants/retail uses in the City (to be determined by the City prior to issuance of building permits) as the following equation: Develover commercial sales tax comvensation = (59,677 square feet [1.37 acrel x .25) x The Average Restaurant/Retail Sales Tax Revenue(as determined by the City) The final agreement shall be submitted and approved by the City Attorney prior to issuance of building permits. 17. SIGNAGE AND DIRECTIONAL SIGNAGE a. Signage is not approved as part of this application. The application shall bring a signage plan to be approved by the Director of Community Development b. As part of the signage plan, the applicant shall include directional signage, possibly on North De Anza Boulevard and Valley Green Drive, to provide visitors clear directions to the vehicular entrance of the site. 5 {')- JÓ Resolution No. Page 6 U-2004-09 January 25, 2004 18. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirernents, 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 19. STREET WIDENING Street widening, improvernents and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 21. CURB AND GUTIER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 22. FIRE HYDRANT Fire hydrants shall be located as required by the City. 23. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. AJI improvernent plans shall include all necessary signage, details and legends along with traffic control plans. 25. 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. 26. 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 rnaybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 6 1'3 - J { Resolution No. Page 7 U-2004-09 January 25,2004 27. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether additional storm water control measures are to be installed, 28. UNDERGROUND UTILITIES The developer shall cornply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 29. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreernent shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Off-Site Improvement Cost or $2,130 $ 5% of On- Site Improvernent Cost $ 1,000.00 TBD ** $ 6,750.00 $ 315,900 * * Park fee calculations based on 39 units once the 7 BMR units were subtracted from the total of 46. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the tirne 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. 7 ( )- 7 ;¿ Resolution No. Page 8 U-2004-09 January 25, 2004 ** Developer is required to pay for one-year power cost for streetlights 30. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 31. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 32. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. 33. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS In addition, the applicant must include the use and rnaintenance of BMPs for site design and storm water treatment, which rnust be designed per approved numeric sizing criteria. The property owners with treatment BMPs will be required to certify on-going operation and rnaintenance, 34. NPDES CONSTRUCTION GENERAL PERMIT The applicant rnust obtain a notice of intent (Nor) frorn the State Water Resources Control Board, which encompasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMP's) to control storm water runoff quality and BMP inspection and maintenance. 35. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. 36. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. 37. MAINTENANCE AGREEMENT The developer shall enter into a maintenance agreement with the City to maintain all non-standard items in the City's Right-of-way. 8 ()- J J Resolution No, Page 9 U-2004-09 January 25,2004 CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Plarnúng Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission 9 (3-3 l( TM-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO, OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP APPLICATION FOR 46 CONDOMINIUMS ON A 1.37-ACRE PARCEL SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-10 Greg Pinn 10745 N. De Anza Boulevard - Oak Park Village APN No, 326-10-064 SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has rnet the burden of proof required to support said application; and has satisfied the following requirernents: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed irnprovements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of irnprovements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 1)~Jj Resolution No. Page 2 TM-2004-10 January 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence subrrútted in this rnatter, the application TM-2004-09 for a Tentative Map 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 TM-2004-10, as set forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein, SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT, 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "Tentative Map, One Lot Subdivision For Condominium Purposes (Up To 46 Units)," by Kier & Wright, dated October 2004, except as may be arnended by the Conditions contained in this Resolution. 2. PEDESTRIAN EASEMENT Pedestrian easernents over the sidewalk area and through the interior pedestrian paths shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building perrrúts. 3. TRANSFORMERS Electrical transformers, telephone vaults, backfIow preventers and similar above ground equiprnent enclosures shall not be located in the front (curb to building) along North De Anza Boulevard. The equiprnent locations shall be determined prior to issuance of building permits. The equiprnent shall be screened with fencing and landscaping or located underground such that it is not visible from public areas or the private drive to the west of the site. 4. TRASH ENCLOSURE The trash enclosure shall be attractively designed to rnatch the architecture of the building and shall be screened by landscaping. The design shall be approved by the Director of Community Development prior to issuance of building perrrúts. 5. MAINTENANCE AGREEMENT The following shall be completed prior to issuance of building perrrúts: a. The property is to be rnaintained free of any debris and weeds until the tirne that actual construction commences. All existing structures shall be secured, or be demolished or removed from the property. b. The applicant shall sign a written agreernent agreeing to join an open space rnaintenance district when such a district is formed. Until such a district is 15-)~ Resolution No. Page 3 TM-2004-10 January 25, 2005 formed. The applicant shall be responsible for maintaining the landscaped area, including that in the public right-of-way, in a manner acceptable to the City. c. The landscaping shall be rnaintained in good health and graffiti shall be removed within a reasonable period of time. d, Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record a maintenance agreernent and CC&Rs, subject to review and approval by the City Attorney, City Engineer, and Community Development Director, which shall include the following: i. Continued architectural controls to ensure the architectural integrity of the project. lI. Description and rnap illustrating "public" areas to be maintained and ensure that the open space area and pedestrian/bike paths and the landscaped area along the frontage are available to the public. lI!. Standards for maintenance for landscaping within the project site to be prepared by a landscape architect. IV. Standards for the long-term property maintenance for the building, landscaping and sound walls as necessary including: maintaining the property free of debris and weeds at all times and graffiti rernoval within a reasonable period of time. v. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreernent and CC&Rs. 6. UTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, Pac Bell and California Water Cornpany, and/ or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 7. SANTA CLARA VALLEY WATER DISTRICT A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley Water District prior to issuance of building permits. 8. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project or the applicant shall rnake the necessary improvernents to ensure adequate capacity for the project. 9. LANDSCAPING a. A landscape bond in the amount of the cost of the landscaping shall be provided prior to issuance of building permits. The bond shall be returned upon inspection by Planning staff and a letter from the landscape architect certifying that all landscaping per the approval has been installed in the proper manner. (')-]7 Resolution No, Page 4 TM-2004-10 January 25,2005 b, The applicant shall adhere to the recommendations of the City Arborist in the report dated November 1, 2004 and any subsequent supplement reports thereafter. c. Preliminary, the project proposes to plant 52 new trees as mitigation for the rernoval. At the time of the preparation of this staff report, the City Arborist is assessing the values of the removed trees and will deterrnine additional appropriate mitigation measures. Sorne of the replacements may include field grown trees. The project will be required as a condition to adhere to the City Arborist's recommendations. The proposed landscaping plan shall be revised to be consistent with the City's Arborist's recommendations. 10. TREE PROTECTION a. Protection plan - As part of the building permit drawings, a tree protection plan shall be prepared by a landscape architect or certified arborist for the specirnen oak and trees to be retained on the site. The tree protection shall be inspected and approved by the landscape architect prior to beginning construction. b. Tree protection Bond - The applicant, prior to issuance of the first building permit, shall provide a tree protection bond in the amount of $50,000 to ensure protection of existing trees on the site during construction. The bond shall be returned after occupancy permit is issued upon provision of a report by a landscape architect or certified arborist indicating that the trees are in good condition, 11. 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 complying with all of the requirements of Section 66020, you will be legally barred frorn later challenging such exactions. SECTION IV: DEPARTMENT CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 12. STREET WIDENING Street widening, improvernents and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 13. 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. 17<) 8' Resolution No. Page 5 TM-2004-1O January 25,2005 14. FIRE HYDRANT Fire hydrants shall be located as required by the City. 15. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends along with traffic control plans. 16. 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. 17. 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. 18. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. 19. 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. 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. 20. IMPROVEMENT AGREEMENT The project developer shall enter into a developrnent agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storrn drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: $ 5% of Off-Site Irnprovement Cost or $2,130 $ 5% of On- Site Improvement Cost $ 1,000.00 TBD ** $ 6,750.00 ( '5- J cr Resolution No. Page 6 TM-2004-10 January 25,2005 g. Park Fees: $ 315,900 * * Park fee calculations based on 39 units once the 7 BMR units were subtracted from the total of 46. Bonds: a. Faithful Perforrnance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvernents. -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 rnap 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 21. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 22. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreernent with San Jose Water for water service to the subject development. 23. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street irnprovement plans. 24. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS In addition, the applicant rnust include the use and maintenance of BMPs for site design and storrn water treatment, which must be designed per approved nurneric sizing criteria. The property owners with treatment BMPs will be required to certify on-going operation and maintenance. 25. NPDES CONSTRUCTION GENERAL PERMIT The applicant rnust obtain a notice of intent (NOI) from the State Water Resources Control Board, which encornpasses a preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMP's) to control storrn water runoff quality and BMP inspection and rnaintenance. I") -1.-(0 Resolution No. Page 7 TM-2004-1O January 25,2005 26. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. 27. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Envirorunental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. 28. MAINTENANCE AGREEMENT The developer shall enter into a maintenance agreement with the City to maintain all non-standard items in the City's Right-of-way. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section N, Of this resolution conform to generally accepted engineering practices Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 25th day of January 2005, 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: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission r l - l( { ASA-2004-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE APPROVAL FOR RESIDENTIAL UNITS LOCATED AT 10745 N. DE ANZA BOULEVARD SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: ASA-2004-12 (EA-2004-10) Greg Pinn (Oak Park Village) 10745 N. De Anza Boulevard SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1, The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materiaJs and design elernents that cornpliment neighboring structures; 4. The proposal conforms with the design guidelines and standards of the Heart of the City Specific Plan; 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 subconclusiofiŠ upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2004-12 ( J - "{ À..- Resolution No. PaRe 2 ASA-2004-12 January 25, 2005 set forth in the Minutes of the Planning Commission meeting of October 26, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1, APPROVED EXHIBITS Approval is based on plan set dated January 14, 2005, entitled "Oak Park Village, 10745 N. De Anza Boulevard, Cupertino, CA, by Pinn Brothers," and as arnended by this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the 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 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 complying with all of the requirernents of Section 66020, you will be legally barred from later challenging such exactions. 3. PROTECT AMENDMENTS Amendments to the project, considered major by the Director of Community Development, shall be reviewed by the Planning Commission. 4. DESIGN The applicant shall work with staff and the City's consultant architect to provide the following design changes that shall be approved by the Design Review Committee prior to issuance of building permits: a. Enhance the entry feature along De Anza Boulevard - the arched entry awning should be more substantial to be rnore distinct at a pedestrian level. The entry steps/ short walls should be rnore prominent. b. Colors - Consider a lighter combination of colors for the main body of the building to be rnore consistent with the neighboring buildings. c. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to rnake it more accessible from the street. d. Windows - Recess windows to a rninimum of 3 inches frorn the exterior wall face. e, Provide pavers in all driveway and surface parking areas currently proposed to be asphalt. The north and south paths should also have pavers. Pavers on sand shall 17 -L( '3 Resolution No. Page 3 ASA-2004--12 January 25, 2005 be provided where paving located on natural ground. Special pavers should also be provided on the podium wherever feasible. f. Landscaping Swales - Bio-swales should be provided when ever possible in landscaping areas. Especially along the northerly boundary of the property. g. Lighting- · Provide high quality pedestrian scaled lights and lit bollards in the front entry area, parking area, interior courtyard area, and the north and south bike paths. · Provide uplighting for the building, tower element, entry awnings to enhance visibility of the building at night. · Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. 5. DEMOLITION REQUIREMENT All existing structures on the site shall be removed prior to concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City Ordinances. PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Developrnent Taghi Saadati, Chairperson Cupertino Planning Commission G:\Planning\PDREPORT\RES\ASA-2004-12 res.doc (7- L(Y Z- 2004-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF A 1,37 ACRE PARCEL FROM P(CG, ML, RES 4-10) TO P(CG, ML, RES 35) SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2004-03 (EA-2004-10) Greg Pinn (Oak Park Village) 10745 N. De Anza. (forrner Santa Barbara Grill) SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on tills 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 tills matter; and WHEREAS, the Planning Commission finds that the subject rezoning rneets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. (7-Lj,) Resolution No. Page 2 z- 2004-03 January 25, 2004 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2004-03 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 Z-2004-03, as set forth in the Minutes of the Planning Commission Meeting of January 25, 2004 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1 APPROVED EXHIBITS Zoning approval is for area shown in Zoning Exhibit. PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission ( 7-1..{(, fþ EXHIBIT A Fl\-II~ & p[t1~S HECf::iVED Ul¡ 20 2004 )/NN B,ciOTHERS TRAN$PORTATlONCONSUlTANTS MEMORANDUM Date: October 19, 2004 To: Greg Pinn, Pinn Brothers From: Eric Bollich Sohrab Rashid, P.E. Subject: Trip Generation Comparison for the De Anza Boulevard Condominiums SJ04-735 This memorandum presents the results of the trip generation comparison for the proposed 46-unit condominium project to be located on De Anza Boulevard south of 1-280. The number of trips generated by the proposed 46-unit condominium project was compared to the number of trips generated by Ihe existing 7,300 square-foot vacant restaurant and the 120-room Cupertino ESA hotel previously proposed for the site, Trip Generation The amount of traffic generated by the three land use types was estimated by applying "Residential Condominium", "High Turnover (Sit-Down) Restaurant", and "All Suites Hotel" trip generation rates to the corresponding land use and size, Trip rates were obtained from Trip Generation (Institute of Transportation Engineers, Seventh Edition). The corresponding trip generation rates and inbound/outbound splits were applied to the proposed project to estimate project-generated traffic. The trip generation estimates for the proposed project are presented in Table 1. The project is estimated to generale a total of 270 daily trips, 20 AM peak-hour trips (3 in/17 out) and 24 PM peak-hour trips (16 in/8 out), Trip generation rates and estimates for restaurant and hotel land uses are also presented in Table 1 for comparison. The proposed condominiums would generate 658 fewer daily, 64 fewer AM peak- hour, and 56 fewer PM peak-hour trips than a restaurant. The proposed condominiums would generate 479 fewer daily, 38 fewer AM peak-hour, and 42 fewer PM peak-hour trips than the hotel. 255 Market Street, #200, San Jose CA 95110 (408) 278-1700 Fax (408) 278-1717 www.fehrandpeers.com Ij-l(7 Greg Pinn October 18, 2004 Page 2 of2 fþ FUIR & rm,s TRAHspon,o,TION CONSULTANTS Table 1 Trip Generation Comparison Trip Rates 1 Number of Trips Dally AM PM Daily AM Peak Hour PM Peak Hour Land Use Size Peak Peak In Out Total In Out Total Condos 46 units 5,86 0.44 0.52 270 3 17 20 16 8 24 Restaurant 7,300 sf 127,15 11,52 10.92 928 44 40 84 49 31 80 Net trip change from restaurant to condominiums -658 -41 -23 -64 -33 -23 -56 Hotel 120 rooms 6.24 0.48 0.55 749 39 19 58 28 38 66 Net trip change from hotel to condominiums -479 -36 -2 -38 -12 -30 -42 Notes: , Trip rates are trips per unit, 1,000 square feet, or room. , sf = square feet Source: Trip rates from Trip Generation (Institute of Transportation Engineers, Seventh Edition). {)-I.{ f fp EXHIBIT B fr'¡-¡R & PErR) TR"''''5¡>{Okl''HD''CO¡¡~lìlT,I.!rs MEMORANDUM Date: January 18, 2005 To: Greg Pinn, Pinn Brolhers From: Eric Bollich Sohrab Rashid, P,E. Subject: Project Impact Analysis for the De Anza Boulevard Condominiums SJ04·735 This memorandum presents the results of the project impact analysis for the proposed 46-unit condominium project to be located on De Anza Boulevard south of 1-280. Impacts from project trips to the following intersections were analyzed: · Bandiey DriveNalley Green Way · Project DrivewayNalley Green Way · De Anza BoulevardNalley Green Way FIELD OBSERVATIONS The project site vicinity and the three study intersections were observed during the evening peak period on January 13, 2005. The parking lot on the southwest comer of De Anza BoulevardNalley Green Way that serves the Outback Steakhouse restaurant was nearly at capacity during the PM peak hour, Observations show an average queue of 3 eastbound right-turning vehicles and a maximum queue of 7 vehicles at the De Anza BoulevardNalley Green Way intersection. Oniy twice during the peak period did queues extend beyond the entrance to the Outback Steakhouse (a queue of greater than 4 vehicles). A majority of the right-turning vehicles wait for a gap in four southbound lanes on De Anza Boulevard as they need to enter the inside travel lane (next to the center median) to make southbound U-turns at the Mariani Avenue intersection. Operations at all three sludy intersections included very little delay and congestion and all intersections on Valley Green Drive were estimated to operate very well (i.e., at LOS A or LOS B). IMPACT ANALYSIS As presented ;n our memorandum dated October 17, 2004, the proposed residential project is estimated to generate a total of 270 daily trips, 20 AM peak-hour trips (3 in/17 out) and 24 PM peak-hour trips (16 in/8 out). This project would generate substantially less trips than the two proposed aiternate iand uses (High-Turnover Restaurant and All Suites Hotel) for this location. Southbound volumes on De Anza Boulevard are much lower during the AM peak period; therefore, only the PM peak period was analyzed. Assuming 60 percent of project traffic will access the site tolfrom the north on De Anza Boulevard and 1- 280, less than 10 peak hour trips would be added to any turning movement. This amount of traffic is less than the threshold that typically requires detailed intersection analysis. Thus, the proposed condominiums are not expected to significantly affect operations at the any of the intersections on Valley Green Drive or De Anza Boulevard. 255 Market Slreel, Su,e 200, San Jose CA 95110 (408) 278-1700 Fax (408) 278-1717 WoNoN fehrandoeers com I J- Lf 1 [ Augus: ~2, 2002 - :: 0, ,- - ;. u;:; I [) V I:; ,.:;" _ i-. II: _ ; t. : J... ~, E ::.- : ;., :: 0 u:; i i ::;;',_ ;.. - ~ E: r.: :: ú I~:, U ~ -;- A:: _ . JOE Vieira E:xtenoed Sta,' America E:S,L, 16147 Camellia ïerrace - Los Gatos, CA 95032 ,-,......... EXHIBIT C Subject Acoustical Measurements & Recommendations Extended Stay America #8961- Cupertino, CA. LM Project No 19507 Dear Joe: This report presents the results of noise measurements and recommendations for window types for noise mitigation at the proposed Extended Stay America #8961 located on N. De Anza Boulevard, near Interstate 280 in Cupertino, CA. Summary of Findings The overall, energy-average noise levels (Leq) at the project site measured 63 dBA. The noise levels fall into the "moderately high noise" category according to the guidelines provided by ESA. Measurement Methodology Noise measurements were conducted between 5:45 pm and 6:00 pm on Thursday, August 8, 2002. The measurement instrument was a Bruel & Kjaer Type 2236 precision integrating sound level meter. The meter was fitted with a wind screen and calibrated with a Larson-Davis acoustic calibrator. The instrument conforms to American National Standards Institute (ANSI) requirements for Type 1 instruments. Weather during the measurements was clear with temperatures in the high 70's F. The measurement location was in the existing parking lot behind the existing Santa Barbara Grille at a point on the project site approximately mid-way of the proposed building. See Site Plan on Figure 1A. The measurement location corresponds to the point of greatest expected noise exposure from Interstate 280, The primary source of noise is Interstate 280 traffic 600 feet north of the site. Traffic on N De Anza as well as surrounding local streets is light and slow moving compared to Interstate 280, These sources contribute much less noise and therefore have little noise impact on the project site by comparison. The site location is on Figure 1 B. Traffic on Interstate 280 was free-flowing during the measurement. It is reasonable to consider the measured levels as being representative .of typical daytime noise exposure. 1505 Bridgeway, Suite 128 Sausalito, CA 94965 415:332:3434 - - Fax 415,33i6340 ema¡!@è'N,!tz.ç:.om - " --" "/-3';"c7I -'. ~ J-·U ,-" . - - --- -- -r- JUN¡PERO SERRA. FIVy ~ ~' t:J t'l ¡:;. -~ . t-l :¡- tJj o d f,j <: ~ t:J - -1 ¡ ß ~ ~ c: ~ ~, <;1 ~ \ _~~J:: !:!ð V! ""'. ~ % ~ Ïi r;: ~ ,; ~ I I I I I tCf____ -'-' _>0_ :..1 ---- ---=-:--- ------ --___~:--:J:::-=__:_____ \' ~Jva1JS ~d'osm" ___~ __ .0 ,OS '_ __ 1 ___....-----..... - I ----__ - '''------ -- ,,' / \~--=:~1- (~) -11 " ~ ,,' ! 345.05' FLOOD CHA.NNEL - ;- , ==----- 7 -- -.. ----=- - '-, - - -- = l ' - . .--- --~-~~~--~~~-----~ ~l---- --- '-" - N\ _ t ~~ i@ en o þ r f1:1 q- ~ q '" q .... q 0> q , ",'.'~ '1IiiiiiI"':.i ~ ... "'/'11'>0,,, '- "";:oc '10m II ~II "~nm I·I~- ,Jï -i, ¡,,!z.... 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Bruer & Kjaer SlM Type 2236 SETTINGS ----- S 30-110 dB RMS: A Peak: C LEVEL DISTRIBUTION: ------------ 08 Aug 1902 17:44:52 Elapsed Time 0000:15:05 Pauses 1 Overload 0.0 % Maxp Leq 92,0 dB 62.6 dB > 65.0 - 65,9 dB 0.2 % 64,0 - 64.9 dB 2.8 % 63.0 - 63.9 dB 26.0 % 62.0 - 62.9 dB 45.4 % 61.0- 61.9dB 24.1% 60.0 - 60.9 dB 1.4 % .> Acoustical Measurements and Recommendations Extended Stay America - Cupertino, CA lAA Project No. 19507 . August 8,2002 Flgure 2 - Measured Data ., -. - .. .' '. - ~ ; .',' - . - -. - .:-' . ::~:- ". . ',. -_~,~ :~-;'':'-·:'-''2.: ;:.::: _. . . . ;. -.:~ . '- . : - .---,...-..... -.'. - -- :'~':: -0; '-: - ..:. "=... - ... '.J):"-)] Aeo.ustical'Mea'ren. .1tsand R-ecommendat. I1S Extended Stay America - Cupertino, CA LAA Project No. 19507 August 8, 2002 Figure 3 . 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CONSULTANTS ~ ..-, November 30, 2004 Mike Black Pinn Brothers Fine Homes 1475 Saratoga Avenue Suite 250 San Jose, CA 95129 EXHIBIT D Subject: Environmental Noise Study Report: Oak Park Village Dear Mike, We have completed our noise study for the Oak Park Village Condominium Complex. We evaluated this project to determine if a window rated between STC 35 and STC 40 would be adequate to meet the interior noise level of 45dBA required by the California Uniform Building Code Section 1208A.8.2. The following summarizes our calculations and findings for this project. The Oak Park Village will be situated with the North-facing wall within 50ft of Hwy. 280. The wall details are not complete for these building but I received a verbal confirmation from EInily Shay, the architect, that the exterior walls will be constructed of 3 layers of Stucco (7/8") on 2 x 6 wood studs, 5/8" gyp board on the interior, and fIlled with batt insulation. There are some instances when this construction will be covered with a metal cladding. This will not significantly affect the sound transInission through the wall. We estimated that the north wall was about 28% windows and 72% walls nom the building elevations. The STC rating for the proposed window/wall composite construction will be approximately STC 40. We performed calculations for STC 35 and STC 40 windows, Using the STC ratings and the window to wall area ratio we calculated the Transmission loss for the North wall of the building, Using our previously measured highway noise data we estimate the interior noise level in the condominium units to be around 44 dBA with STC 35 windows and 42 dBA with STC 40 windows. The Califorrua Uniform Building Code section 1208A.8,2 states that the interior noise level of a residential construction shall not exceed 45 dBA. An STC 35 window with the aforementioned wall construction will meet the interior noise level required by code. The STC 40 windows will be a better option to ensure the interior noise levels are not above the code. Please feel free to call if you have any questions. Sincerely, Lewitz and Associates lnc, 1505 Br¡dgewa~ Suite 128 Sausalito, CA if'\9wa Adams 415.332.3434 Consultant 415.332.6340 Fax www.lewitz.com f5 _)5 NOU-30-2004 17:48 415 332 5340 97% P.02 EXHIBIT E LEWITZANOASSOCIATES INC AUDIOVISUAL AND ACOUSTICAL CONSULTANTS December 14, 2004 Mike Black Pinn Brothers Fine Homes 1475 Saratoga Avenue Suite 250 San Jose, CA 95129 RECEiVEU DEC 1 8 2004 PINN BROTHERS Subject: Environmental Noise Study Report: Oak Park Village LAA Project No, 19632 Dear Mike, You indicated that the planner had a few more items that he would like included in the sound study. These are addressed in the following: The report should state that the previous noise analysis prepared for extended stay still applies. The previous noise measurements prepared for Extended Stay America still apply, The measurements were made during the peak-hour traffic activity at 5:45 pm on August 8, 2003. The traffic volumes have not changed significantly since that time, so the measured noise levels should apply to this project. The Extended Stay America project addressed maximum noise level criteria during peak traffic hours. The measured peak-hour noise level was 63 dBA. They want it to evaluate exterior noises (exterior yards and interior court yard areas). With regard to exterior noise levels, the Land Use Compatibility table in Noise Element of the Cupertino General Plan specifies maximum Lon of 60 dBA for residential land use. A copy of the table is attached, The relationship between peak hourly Leq values and associated Lon values depends on the distribution of traffic over the entire day. There is no precise way to convert a peak hourly Leq value to an Lon value. However, in urban areas near heavy traffic, the peak hourly Leo value is typically 2-4 dB lower than the daily Lon value. Therefore, based on the 63 dBA peak-hour measurement in 2002, we estimate that the Lon at the site to be between 65 and 67 dBA. A noise barrier is therefore required with an insertion loss of approximately 7 dB in order to reduce the exterior Lon of 67 dBA to the Noise Element criteria of 60 dBA. 1505 Bridgeway, Suite 128 Sausalito, CA 94965 415.332.3434 415.332.6340 Fax www.lewitz.com (7-)~ Mike Black December 14, 2004 page 2 Lewitz and Associates Inc. Environmental Noise Study: Oak Park Village Any recommendations on the height/type of sound wall from HWY 280 or whether the existing is sufficient. The courtyard is shielded from traffic noise on 1-280 by the building structures, A barrier, which just breaks line-of-sight between the freeway traffic and the outdoor receiver, would provide a minimum insertion loss of 5 dB. The building structures are much higher than this and will provide substantially more than the 7 dB insertion loss required to meet the Noise Element criteria of 60 dBA. There is also additional mitigation provided by the existing 1-280 sound wall. You have indicated that the courtyard is the exterior living space in question, Therefore, no additional mitigation should be required for the exterior areas, Please do not hesitate to call if you have any questions. Sincerely, LEWITZ AND ASSOCIATES INC. i ~_. Ø-e.Q 14, L-£ßJ Joel A. Lewitz, PE (j-'J7 J. _ _____ ... (' 1"1 I . Public Health and Safety / / Land Use Catagory ~ Residential- Low-Density (Single Family, Duplex, Mobile Homes) Residential - Multi Family Transient Lodging (Motels, Hotels) Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, Concert Halls, Amphitheaters Sports Arena, Outdoor Spectator Sports Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Commercial and Professional Centers Industrial, Manufacturing, Utilities, Agriculture 55 Community Noise Exposure (L" or CNEL, dB) 60 65 70 75 80 Figure 6-L. Land Use Compatability for Community Noise Environments, THE CUPERTINO GENERAL PLAN --~--- 6-31 ( 3~f'¡- ......-. .H...... u.....v Lt:n-.l....... ð.:. r1::.::'UCJ.èiLet> 11lC l@003 1- 1998 CALIFORNIA BUILDING' ~::.JE "'0.:",,<1 'n h~ u<·.",,,,,<1, _<"..J, U.' y",.".~<,,\'_ ",...11""1<'"/",,,,,".< "r ];,,,,.a,<:,, ",.,,<1];" f- X t c t ~ 1208A.2 Airborne Sound Inmlatiotl. All sitch acollsticolly t Ã N2f£d st!paratillg wall rmd ßoor·ceilillg Clssemb/it!s shull provide C airbomf! mllnd ill.mlfltinl! equal w thelf required (0 mett a sotlnd [ A L C rran.smission d(/IS (STC) rnrÙ1g of 50 bused ulllaborarory tests as t ê dl!Jined /11 AST.\4 £ 90 and £ -113, Fid"-t~sred assemblies sha.lf L ê meer a noise isotarion class (N1C) raring of +5 for occupIed unicr I- è and a normali~ea' noLre isulation clns.r (NN(C) rming of.J5 for IIn· E ¿ ocr:upied l.lItiC~ as de¡Tned in AST¡'v¡ Standards E JJ6 and E 413. E ê res~~~h; ;~b:~:.vs:¡~n"i~:l~~i:nsb:~~:~~d":o:~e~u~~t~;~;;j ~ è buildings. In sl/(:h tescs. the minimum \'alue of D,¡ is./5 db for c:om- e ¿ pliance. t ~ Entrance dours from illCerior c:om'dors togeTher with their pe· [ ~ rimerer seals ¡/wil hlJI'e STC raringJ nOllen thon 26. Suc:h rested L C doors shall operaœ nurmally wich cummercially availab/t! seals. e ¿ Solid-core wood-slab doors 1% illches (35 mm) thick minimum or 1: ê J 8 gage ínslLared sreeL-sLab doors WiTh comprenion. seals aLl t è around. ¡nc:iI/ding the threshold. may be considered adequate t è without other sub stann 'a ring ¡n[armarion. C A [~ Field te.Its oj l·OI-,.idor walls should nor im:lude segments with t- C doors. ¡rIltch re.sr.r are imprClctic:al. howe,'er. rhe NlC or .VNJC raf- t ~ mg for rhe composite wall-door assembly shall not bl! less ¡hem 30. f c [ ..>" L C ~ t A C - , c [ Þ ~ ~ ç , PenerratlonJ or uptlling.~ in consrnu.:tioll a.uembiies for piping, r!lecrriea! de\'Ù:o:s. ren'ssl!d cabineTs. barhmbs. soffits ur hl!c:fng. ....ttnrdatinr¡ ur o:'xi1alw dUL·ts shall be sea/~d. lined. illSldLlied or vtherwise rrewt'ri ro maiTICain the relfuir!'â ¡"wings. 12U8A.3 lmpac: Sound lllsulanvn. All .,cf)wtit.'uily rared stpa· ,.ari1lgjlc;)()r·r.:eiîlt~ 17HI!mbfies shall prol·ic.Ù! ilnpm';· JOlll1d il1suia.- ¡¡'Oil ealtal ro :hllC l"t,wired ro mel!r an flC ratin.,¿ ",50 based 011 Io.borå:ory teSiS as â~.rilll!d in .4.STJI E -1-9: al1d £ 98·9. Field-rested ù.Ssemblie.~ shull mef!.! tJ.rield i117pClC:: iltmialÍOII dass ,FIIC) rari,!!! rJj -15 jor both ol....c::pi!!d dTld unol·cupil!d /lJ1Jl~' as de.rined in .4.ST.'vf £ IOOï Q11J £ 1,189. wirh the e.tcepricm r/tar the measwed impacr s()lll1d pr!'ssw·!' It!\·e!.r ¡hall 11O( be IIvnrwli:.ed TO a standard CUflOWlr oj"ab,wrpricm lit ¡he recei~'Ù!g mum. c ç ~ A [ c ~ è t È i: è L A ~ ~ ~ c t è t ~ E ¿ 1208A..../ Tested A.snmbiies. ,L ~ [ , i: ç ~ ~ t c L ^ C ç t c t t ~ ~ E ¿ 1108A.-I.2 CI!/Taic; sound rranJmissÎolt mntrol H!Cef1U ill lisred L .1 ill rhe Caralog of STC und JlC Racings tvr Wall and Floor-Ce.iling t ':" Assemblies. as publish!'d by the Office ufNolse Control. Califor- : .~ nia Departmt!nr uj Health SuvÎces. or the fire Resiseance Design i:L ~ Manual. as published by the G."pJum Assoc:iatÜm. mo.\' be used to L _~ e~'allJall! l·o'lscrllctÙ.m tl.í.'iembliI!J for rheir sOllnd t~tJnsmi!sion ~c ~ propl!rries, Orlla resrs fmm rew,?ni:.ed labrJrawries ma,v also hI! :;: ¡csed. Wht!n ratings/or ej'5eMiall.v JÍmilur ~J.remblifs differ. and \\·n~n rarings .¡r~ í;~hJl\' })7C or IJC 50, JÏI!/d tesljl1~ may be used ro E ~ ,ÙmonstnJlf thattlte buildi/lg complies \\,¡¡It rhi.; see-HOII, ~ 1208.4...4.3 ForJ"Ît·/d i/!stlm:. moms should idelllly be far,?e and re· l.. ':erberomfDr I"eil!li;/¡t IIfI.'CI.Wrenll!nlJ r(1 be made m.111 fesr bands. Floor cover in liS ::j{I\' b~' inc:illded ii, tlltt aSJembi" to obraj¡ the .p:!qI:Lp::d .p:.:lÙ:'::: T.'!!:;!! ~·:".'e,"-in~! mJ!SI be r!'tai,,~~l as a penna· nent pun uf d; tJSsemb(v and m~y be rephrl'ed ollly by ocher ¡1oor covef'Ìl1gs rhar prrll"ide rite reqm'red imp""t mwu' insulation. 1108A..J.l LrJbtrarof")·-rested LVall ur .fluor-ceiling designs hav- ing STC or IIC ratíll~s ol50 or more may in: used by lh~ building offic:Íal to detemline L·ompUaJtC:e wÚh this Jec.:rion Jun·ng rhe plan review phase. Field ft!W' ~'IttJ./l be required by rhe building official when evidenc:E!' of SO(lI1d ll!ak.f ur jlankin~ pCJ.thJ is nored, or when the separating dssl!mbly is nM buill according to the approved design. FIGURE 3 NDV-30-2004 17:49 415 332 6340 ø APPENDIX CHAPTER 12 This is /J/lt!1Z /lur p(J_ujbl~ for Iwthmom.~, kilcl1en.f, hul1wa,vs or rQOmS wich [arSr1 'lrnUWIC~ of sOlll1d-(/b~urpti\"l~ ma.l~ha.l.s. Fil!/d tt!Sf re,fu/t.;· ¡Jwlr!d, IwWI!I'!:'r. rl!porT ¡/it! mt:'lISHred. values in all bands, !wt/flK ¡!lO,fe w/ridl do /lO( me!:'1 reft:'~,w( ASTí¡'l criteria for di.ffll,~ioll. 1208,.1..4../ It should be /loted rh!lt STC ratings do noradeqllatelv clwrac:teri:!' IJ¡~ s()[Ind im"lation of C:QIfSTrllClion a.rsembli~S when the i1J/mding noise is predomin(JT1rly l"lII pitch~d. as is often proc1ur:ec1 by amplifit!d ,"u.ric ur by lurge pieces oj mec:ÌlQJ1ir:al equipmttnt. [1 should also be nored rhat ¡he lrarumissio/1 of impacT sound from a srandardi:;Ed tapping machine 171tly vary conJiderably for a given design due to differences in specimen site. flanking lrans- mission through associated ¡tnlcrure and the acouslical response a/the room be/ow. lAboratory IlC Yal¡~s should therefore be used u,ith caution when estimating the performance of hard-surfaced floors il1 rI1e field. Add¡tionaIl.\~ ffC ratings rntl)' /'lot alwo}·s be ode· quate fa cFJoracreri:.e ¡he. subjecli~'ely annoying creak or boom generated by/oat/ails on a lumber floor. 110BA3 Cerrifica.tÌan. Field teSting, when requir!'d. shall be done under the slIpervision of a person e.:Tpuienced in fhe field of acousrical wiring a/1d e:nginaring Qnd who shallfoM\'ard tlm reo su.its fa rhe blli/dillg ufficial showing that the sound isolatfon re· 'llliremems stared t1ÓO~'e: hm'!' otten mel. Docwnemation offield rest resulrs should generally follow the requirements malined in re1e\'ant ASTJl siDJ1d.mis. 12()8.4..6 .voc adopted by tile State of California. 1:08.4.,i Sot adopted by lilt! Stale of California. n08r!.8 E:Clef'Ìur 50ulld Transmission CO/'lrral. 1208.4.8.1 Anpih·Q[ol1l.:oltsiJto:'nr ·,\,,,11 {ocal ¡a1!£i~1I.s2 ;rclldards. re.fidentiai ~'rrIlCiJres ior:med ill Huist L"ritiCClI areas. !!Ici! as ?ro.'C· imity O"a higillv(!\·s. l'OtI1J0· mads. ¡:lly s¡re!!ts, ro¡¡rOlJds, raDid mm· ¡it fines. ü'1rpurts or i!1/1./!$rriai d/'ellS shall oe designed ro pr!'r~m rile inrntsiOIl of ixrerfor I!oistts ¡,e.ml1d presc:rlbl!d le\'I!!s, Propl!1' design ~·hrJll illc:'ilde, bltr ~"itaill1m oe limiced rD. c7rlenrarion of:lle reSluemic11 srrm·tLlre. sttbat.:ks. siHeldilJ'5 and s(llllld "tmla.:roll of rhe buildÎ",'? itsdf. 1208A.8..1 Allowaòie interior noue je\·IÛs. Ù1terior lIoi;ë :t!~·l:S wrribu.table !O e.waior sources .fI/(ILI IWt I!_tcled .J5 db iIT all\' ¡I1lÓ- itable mom. The IloÜe m!'tric ~Jwll he I!ither the da\'-1fipill a~·eralre sOlllld lel'!!l I ~11f J or ;hl! cOlnfnl/nin· IIf/is!' !'C1w\'alel~t leo:"I!/ I C.vELI, crmsisrttrlt with dll! I!oise ele"'~1I! oj the Ivcal .'!t'flerai :::,[lln. .VOTE: Lill i,f :he prl!li'rrrd rnerne: ¡'"(r ¡mpl~m~ftin; ¡!zeSt SlCmdelras. ~¡';)r.r(-(:aJ"e Ioise le\·els, eit/lt!r I!xisling or !Üwre, shaU be /fsed us ¡he basisjordttermifJing c:ompliam:e with chis Stc:lÍOII. FlU/Ire noise le~'e{s ~'h{Jil bl! predicled¡or ¡ pawd of ar tecs! lD ~'tQrs ¡rom c/ze rime of buildillg permit appIÙ:utlcJ/¡. 1 ~08A.8.J .-I.lrpOr1 nOl1l SOUrce!. RI!!.ulennal strUt·CllreS TU bl! lotï:JCed whae rhe amwa( !..un or C.VEL leu deJi/led i/'l Title 21. 5110- c:hap!er 6. Cdl~romja. Code oj Regulations) t_tcl!ttds 60 db shaj[~- quire an QceJl/stic:ul ./!1ai.~·sis showmg lhal the proposf!d design \~Iil tlC:hieve presc:rióed alluwable imerior levt!l. For pubfic·ue air· porrs or ltr1iporTJ. rhe '-.111 or c'VEL .I'hail be dererm¡"erlfrorn rlre airporr lafHi-uJI! plan orepared by (he COItIl!)' wherein thl! airport IS ;,,,,"'lIed. For Inditary bases, ¡hI! Lit! shall be derermÙ¡tu from rht' /ac:iliI\' Air In,fmlhUlOn Compa¡¡blt! I....J~ Zone IAICú·ZJ plan, For :.lit olher airpurts or íZI!{iporrs, or P!It)}jl'·uu airpurt! ur hl!iipur.s for which" /(md·!lse pian Iza.f f!()f bt'!:n de~'riuptd, rhe J..,...r, nr eVEL :ihall be dl!t!'nn¡nec1jrnm lite IlI¡ise ell!f1I!:.'nC nirht! 1~1!ttrai plan of lfre {veal jllrisdiçliun, 1-112.1 1")-)/ 97% P,03 I I I H è c A C C ~ è t è i: è C A i: H A l C i: ¿ l ¿ i: A L C L ¿ t ¿ t A C C L ~ ~ ¿ t ¿ i: n q ê ~ è t ,~ ~ r , ¿ : t E ., H Ã c ~ ð ç , ë r è E è f F : , [ l i: " c ~ r [ t t l f f , ~ è t è E ^ C C C ¿ i: ¿ ~ A r C .[ è ¿ , C è , C " BARRIE D. L JA TE and ASSOCIATES Horticutural Consultants 23535 Summit Road Los: Gates, CA 95033 408l35~ 1052 EXHIBIT F EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE 10745 N. DE ANZA BLVD. CUPERTINO Prepared at the request of: Mr. Gary Chao City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Prepared by: Michael L. Bench Consulting Arborist November 1't, 2004 Job # 07-04-109A /7~/ç(j I EVALUA TION OF THE TREES LOCA TED AT OAK PARK VILLAGE, 10745 N DE ANZA BL VD., CUPERTINO Assignment I was asked by Gary Chao, City of Cupertino, to evaluate the trees located at 10745 N. _ De Anza Blvd., Cupertino, and to provide a protection plan for those trees to allow them to survive in their current condition during construction. The plans provided for this evaluation are the Construction Plans prepared by the Dahlin Group Architects, San Ramon, Sheets AOO, L-P, A01, A02, A03, A04, A05, A06, A07, A08, dated 10-22-04; the Tentative Map prepared by Kier and Wright, Civil Engineers, Sheet 1, dated 10-24-04; and the Preliminary Grading and Drainage Plan, prepared by Kier and Wright, Sheet C1.0, dated 10-20-04. Summary There are 39 trees on this property and 9 trees located on the adjacent property toward the south that may be exposed to some level of risk by proposed construction. The redwood trees (Sequoia sempervirens), Trees # 37-47, are in very poor condition, and for this reason, I recommend that they be removed regardless of construction. Trees 6, 7, 8,9, 10, 18, 19,20,21,22,23,35, and 36 would be removed by the proposed construction. Trees # 1, 24, 25, 26, and 27 would not survive the root loss by construction of a storm drain by open trench. As an alternative, directional boring is recommended, provided specific mitigating procedures (described in Recommendations) would be used. Trees # 2-5, 11-17,28,29,30,31,32,33,34, and 48 would be preserved. A protection plan for their survival is included. Observations This property had been the home of the Santa Barbara Grill. The landscape has not been maintained for some time (estimated 3-5 years). As a result, many of the plants, including some of the trees, have either died or are in poor condition. There are 39 trees on this property and 9 trees located near the property boundary on the property toward the south that may suffer some level of damage by proposed construction. The attached map shows the location of all 48 trees in relation to proposed construction features. Almost all of the trees have been tagged with metallic labels for field identification. Prepared by: Michael L. Bench, Consulting Arborist November 1~, 2004 {J--f.c ( 2 EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE, 10745 N. DE ANZA BLVD" CUPERTINO The 48 trees are classified as follows: Tree # 1 - Coast live oak (Quercus agrifolia) Tree # 2 - Red Ironbark Gum (Eucalyptus sideroxylon) Trees # 3, 4, 5 - Eucalyptus (Eucalyptus species) Trees # 6-11 - Flax-LeafPaperbark (Melaleuca linariifolia) Trees # 12-16 - Japanese privet (Ligustrumjaponicum) Trees # 17, 19, 48 - Shamel ash (Fraxinus uhdei) Tree # 18 - Blue atlas cedar (Cedrus atlantica 'Glauca') Trees # 20, 21 - St. Mary's Magnolia (Magnolia grandiflora 'St. Mary's') Trees # 22, 23 - American sweet gum (Liquid amber styraciflua) Tree # 24 - Nichol's willow leafed peppermint (Eucalyptus nicholii) Trees # 25-47 - Coast redwood (Sequoia sempervirens) The particulars regarding these trees (species, trunk diameter, height, spread, health, and structure) are provided in the attachments that follow this text. Tree # I and Tree # 18 are Heritage Trees as defmed by the City of Cupertino, Chapter 14.18: Heritage and Specimen Trees. The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent - Extremely Poor) on the data sheets that follow this text. However, for planning purposes, I have given these 48 trees descriptive ratings as follows: Exceptional Fine Fair Marginal Poor Soecimens Specimens Soecimens Soecimens Specimens 18 1,2,5,6, 11, 3,4, 16, 17, 10, 13, 14, 8,9,12,21, 22, 23, 25-29, 19,24,30 15,20 37,38,39, 31-36,48 40,41-47 The largest and most valuable tree on the property is Tree # 1, a 34 inch diameter coast live oak (Quercus agrifolia), a species that is indigenous to this area. This tree is stressed due to the fact that it exists in a relatively small planter bed surrounded by paving, and due to the fact that it is competing with English ivy (Hedera helix), a fierce competitor for moisture and nutrients. It is advisable to irrigate this tree monthly starting as soon as possible. The coast redwood (Sequoia sempervirens) Trees # 37-47 are in severe drought stress, and they would not be expected to adequately recover even if they were irrigated. I recommend that these be removed regardless of construction. Prepared by: Michael L. Bench, Consulting ArOOris! November 1",2004 1J-~2 3 EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE, 10745 N DEANZA BLVD., CUPERTINO Risks to Trees by Proposed Construction Trees # 1,24,25,26, and 27 would not survive the construction of a proposed storm drain if constructed by the open trench method. This drain is proposed approximately 10 feet from the south side property boundary and parallel with it. Trees # 24 and 26 are in the path of this storm drain and would be removed. Trees # 1,25 and 27 would also suffer such severe root damage that they would not be expected to survive, if this drain were constructed by open trench. However, were it possible to construct this drain by directional boring at a depth of 4 feet or deeper, all of these trees could be preserved with the condition that the sending and receiving pits would be located outside the driplines. Trees # 18, 19,20,21,22,23,35, and 36 are in conflict with construction of the proposed parking structure, and would be removed by implementation of this design, Trees # 7 is in conflict with the proposed hardscape and would be removed by this construction. Trees # 6, 8, and 10 are in conflict with the proposed parking spaces and would be removed. Tree # 9 is in conflict with the proposed ramp to the parking structure and would be removed. Trees # 2-5, 11-17,28,29,30,31,32,33,34, and 48 are not in conflict with design features and are expected to be preserved. However, these would likely be at risk of damage by construction activity and construction procedures that are typical at most construction sites. These procedures may include the dumping or the stockpiling of materials over the root systems, may include the trenching across root zones for drainage, for new utilities, or for landscape irrigation, and may include constant construction traffic across the root systems resulting in soil compaction. In addition to the risk to Tree # 1 by the proposed storm drain, this tree (as well as Trees # 2, 3, 4, and 5) could also suffer severe root loss by the demolition and removal of the existing curb and paving. It appears that Tree #1 is to be preserved, as are Trees # 2, 3, 4, and 5. However, the demolition of the curb and paving inside the dripline(s) could be highly damaging to the root system(s) unless the following procedures were to be followed precisely as recommended: Prepared by: Michael L. Bench, Consulting Arborist November I", 2004 / r 7/ (ç "5 EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE, 10745 N DE ANZA BLVD., CUPERTINO 4 · The curb and paving must be removed without damaging the roots directly under the surface of the paving. The soil directly beneath the curb and paving must not be disturbed. · The area within the driplines of these trees must be mulched immediately following the removal of the paving, The mulch must be a minimum of 4 inches in depth. Course wood chips are recommended for this mulching, although other materials are feasible. · Immediately following the removal of the paving, the soil within the areas of the driplines must be thoroughly irrigated to a depth of approximately 12 inches. Irrigation and mulching must be done simultaneously. · Equipment must not be driven over the root zones of these trees inside the driplines after the removal of the curb and paving. If it is planned to remove the English ivy (Hedera helix) in the planter bed where Tree # 1 exists, this ivy must be removed by hand pulling. Use of machinery would result in root loss to Tree #1. New landscape irrigation lines must not be trenched across the root zone of Tree # I in the area inside the dripline. If any underground utilities must be installed, it will be essential that the location of the trenches must be planned prior to construction and that the trenches are located exactly as planned. Location must not be left up to contractors or to the utility providers. If coast redwood (Sequioa sempervirens) Trees # 30 and 34 would be preserved, they would likely decline if these trees do not receive supplemental irrigation during construction. Supplemental irrigation means in addition to the annual rainfall. Tree Protection Plan 1. For those trees that would be preserved during construction, I recommend that these trees be protected by construction period protective fencing. It would be essential that this fencing be located a minimum radius distance of 10 times the trunk diameter in all directions from the trunk in linear feet. For example, a tree with a trunk diameter of 15 inches would require that the protective fencing be erected at a distance of at least 13 feet from the trunk. If there exists paving within this 13 foot radius area, install the protective fencing at the edge of the paving on the paved side and 13 feet from the trunk on the other sides. I recommend that the protective fencing must be chain-link, a minimum height of 5 feet, mounted on steel posts driven 2 feet (minimum) into the ground. In my experience, less substantial fencing is often not respected by contractors. The fence must be in place prior to the arrival of any other materials or Prepared by: Michael L. Bench, Consulting Arborist November 1 ", 2004 I V 17-(p ( 5 EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE, 10745 N. DEANZA BLVD., CUPERTINO equipment and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during constructiop. 2. I recommend that the existing curb and paving must be demolished in the following manner: a. If a tractor or skid steer loader is used, it must stay on the undisturbed pavement at all times. b. If this demolition were to be done by a backhoe, it may be feasible to reach the bucket toward the trunk of the tree inside the dripline, to catch an edge of the curb or the paving, and to peel pieces of the broken material back on to the unbroken paving for loading, c, Break the curb and the pavement into small manageable pieces. Load into the bucket by hand. The soil directly beneath the pavement must not be disturbed. Again the loader must stay on the undisturbed pavement at all times. d. Immediately (within an hour) cover the exposed soil with 4 inches of mulch (coarse wood chips preferred). It is preferred to cover the new exposed soil with the wood chips as each small section of the pavement is removed. e. Wet down the area covered by wood chips thoroughly. Keep wet for 1 month. 3. I recommend that directional boring of the proposed storm drain be required to preserve Trees # 1,24,25,26, and 27. In this event, the top of the bore must be a minimum of 4 feet deep. Also, the sending and receiving pits must be outside the driplines of existing trees, 4, There must be no grading, trenching, or surface scraping inside the driplines of retained trees, except in specific areas shown on the plans. For example, grading would be required to construct the parking area on the north side of Tree # 11 as shown. However, grading must not extend beyond the curb as shown and there must be no grading in the remainder of the root zone area. 5. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the driplines of retained trees, 6, Any old irrigation lines, sewer lines, drain lines, etc., under the canopies of the existing trees, if unused, must be cut off at grade and left in the ground. 7. Supplemental irrigation must be provided to retained Trees # 1 - 5, 12-17,24-27,30, 34, and 48 during the dry months (any month receiving less than 1 inch of rainfall). Irrigate with 10 gallons for each inch of trunk diameter every 2 weeks throughout the construction period. One alternative may be the use of a simple soaker hose, which must be located near the dripline for the entire canopy circumference. Prepared by: Michael L. Bench, Consulting Arborist November I", 2004 n-&f 6 EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE, 10745 N. DEANZA BLVD., CUPERTINO 8, If Tree # 18 were to be transplanted, it must be done by a qualified tree mover, such as Trees of California. 9. Excavated soil must not be piled or dumped (even temporarily) under the canopies of trees. 10. Any pruning must be done by an ISA certified arborist and according to ISA, Western Chapter Standards, 1998. 11. The proposed cobble stones inside the dripline of Trees # 1 must be installed completely on grade, without excavation and without pounding the stones into the soil. Also, the cobble stones must not be in contact with the root collar. The cobble stones, or any other materials, must not be installed within a minimum of 12 inches of the trunk or buttress roots. A preferred mulch is loose % inch to 1 Y:z inch quarry rock or pea gravel. 12. Landscape irrigation trenches (or any other excavations) inside the driplines of trees must be no closer than 10 times the trunk diameter, if the trenching direction is across the root zone. In the case of Tree # 1 the required distance for trenching would be 30 feet. However, radial trenches (Le., like the spokes ofa wheel) may be done closer if the trenches reach no closer than 5 times the trunk diameter to the tree's trunk, and if the spokes are at least 10 feet apart at the perimeter. 13. Sprinkler irrigation must be designed not to strike the trunks of trees. Further, spray irrigation must not be designed to strike inside the canopy driplines of oak trees. 14. Lawn or other plants that require frequent watering must be limited to a maximum of 20% of the entire root zone and a minimum distance of 7 times the trunk diameter away from the trunks of oak trees. 15. I suggest that the species of plants used in the root zone of Tree # 1 be compatible with the environmental and cultural requirements of the oak species indigenous to this area. A publication about plants compatible with California native oaks can be obtained from the California Oak Foundation, 1212 Broadway, Suite 810, Oakland, 94612. 16. Materials or equipment must not be stored, stockpiled, dumped inside the canopy driplines of trees, or buried on site. Prepared by: Michael L. Bench, Consulting ArOOris! November I", 2004. I {J-{ý0 EVALUATION OF THE TREES LOCATED AT OAK PARK VILLAGE, 10745 N DEANZA BLVD" CUPERTINO 7 17. If Tree # 18 cannot be preserved, I recommend that this heritage tree be replaced according to the Trunk Formula Method, 9th Edition, Guide of Plant Appraisal, International Society of Arboriculture. By this method, Tree # 18 has a value of $12,800, which is equivalent to 1-72 inch boxed tree and 1-48 inch boxed tree. Respectfully submitted, """-- Michael L. Bench, Associate ~,f)~ Barrie D.Coate, Principal MLB/sh Enclosures: Assumptions and Limiting Conditions Map Prepared by: Michael L. Bench, Consulting Arborist November I", 2004 . f 1')-1.1'7 BARRIE D. COAH and ASSOCIATES I-Iornc.utura\ Consulta!'l'ls 23535 Summit Road Los Gatos. CA 95033 4081353-1052 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 anr purpose by any other than the person(s) to whom it is addressed without written consent 0 this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 a.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden 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. cfftlhJÙ( JJ. ~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant (HI' City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department ITY f CUPEIU1NO Staff Use Only EA File No, Case File No. ~ttachments PROJECT DESCRIPTION: Project Title: Oak Park Villaoe Project Location: 10745 N. De Anza Boulevard Project Description: Demolish a vacant restaurant buildino and construct approximatelv 46 residential units. The property will be rezoned from PICG. ML. RES 4- 10) to P ICG, ML. RES 35) to be consistent with the General Plan Environmental Setting: The site currently has a 7.744 so. ft. vacant restaurant. The site is bounded by Hwv 280 to the north. uses to the south and east. and a public storaoe and office uses to the west PROJECT DESCRIPTION: Site Area (ac.) - 1.367 Building Coverage - 56 % Exist. Building - 7,744 s.f. Proposed Bldg. - 33.265 s.f. Zone - PCCG. ML. RES 35) G.P. Designation -Com/Res Assessor's Parcel No. - 326 10 - 064 If Residential, Units/Gross Acre . 29.1 One Bedroom Units Two Bedroom Units Three Bedroom Units Applicable Special Area Plans: (Check) o Monta Vista Design Guidelines Total Rental/Own Total s.f. Price # 8 Own 1000 - 1590 $450,000 - $500,000 29 Own 1000 -1590 $500,000 - $580,000 9 Own 1000 -1590 $600,000 - $680,000 o S. De Anza Conceptual 0' N. De Anza Conceptual o S, Sara-Sunny Conceptual o Stevens Crk Blvd. Conceptual o Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - s,f, FAR - Max. Employees/Shift - _Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area - YES Ii"! NO 0 I (,-& 9 '-~__. "s'"""e_ ¡¡,/{~,' , , ',,' . ,'71.: - 'Yr," . . :&i,',"éi;S''4.'.J.,'.^;'L','', I~.f"':"..'. ',',"}-'i't ..';;"'0··'~'W"" ~\~. " .,' 0.-' ,~:~:- ~ '. A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3_ Housing Element 4. Transporta~on Element 5. Environmental Resources 6. Appendix A- Hillside Development 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 Sile 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. Midpeninsula Regional Open Space District 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School Districl 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 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 explaining 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 paae. 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) BE SURE YOUR INITIAL STUDY SUBMITTAL IS COMPLETE - INCOMPLETE MATERIALS MAY CAUSE PROCESSING DELAY ( )- 7 [) EVALUATION OF ENVIRONMENTAL IMPACTS: »- cë c::8 c::- _ c:: nsæ_ -111- eu co 0 ca - .!!! tJ U .cuoC"-'" ..cuu U ISSUES: ...¡¡:~ 1-¡¡:...1Vo I- .- I'll o I'll c ._ II)'-'¡ CIC- CI) ~ Q, ZC- [and Supporting Information Sources] Q C E en C .-... II) C E E õ.!2I- ()CI ::0 ().!2I- ...J .- ::¡: tJ 0..1/) I/) C ...JI/) I. AESTHETICS~- Would the project: , a) Have a substantial adverse effect on a D D D 0 I scenic vista? [5,9,24,41,44] ¡ b) Substantially damage scenic resources, D D ø D I including, but not limited to, trees, rock I I outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual D D D 0 character or quality of the site and its surroundings? [1,17,19,44] d) Create a new source of substantial light or D D ø D glare, which would adversely affect day or nighttime views in the area? [1,16,44] b) & d) - Less Than Significant Impact There are no other existing significant scenic elements on the project site, While the redevelopment of this site will create an additional source of light within a developed setting, the light levels associated with the proposed hotel use are not expected to adverselv effect dav or niahttime views of 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: I a) Convert Prime Farmland, Unique D D D 0 I Farmland, or Farmland of Statewide I Importance (Farmland), as shown on the I maps prepared pursuant to the Farmland Mapping and Monitoring Program of the I California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for D D D 0 agricultural use, or a Williamson Act contract? [5,7,23] , t7-11 )0," 1:" 0 I:~ - I: s:: r::; -ca" ca ca 0 ca caca.. Ü .!!! u u .J:.u .-.. .J:.uU ISSUES: ..;;:~ f-'-;iO f-;;:(Q o (Q c ._ I/)~'i c¡Q. I/) .- Q. ZQ. [and Supporting Information Sources] CI> I: E en c ._.... 11) I: E E õ.!2'- Q)1:n ~o Q).~- a..m ...Jiñ ::¡¡g ...Jm c) Involve other changes in the existing 0 0 0 0 I I environment which, due to their location or , nature, could result in conversion of i Farmland, to non-agricultural use? [5,7,39] I I III. AIR QUALITY - Where available, the I significance criteria established by the I 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 0 0 the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or 0 0 0 0 contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net 0 0 0 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 . 0 0 pOllutant concentrations? [4,37,44] e) Create objectionable odors affecting a 0 0 0 0 I substantial number of people? [4,37,44] 1)-12.- ISSUES: [and Supporting Information Sources] >,.... _c -C'il.... .! (,) (,) .....- !!! I::~ =:! '" C E õ.~- a.1/ o Ct; C:'¡:; '" C'iI 0 C'iI .c (.) ~._ ... I-;¡::....~O ",.-';;:",0. f/) s::: :> .- "- Go) I:D ~ 0 ....I .- ::¡;¡ CJ I/ C t:~ "'C'iI.... .c (,) (,) I- .- CIS en ~ ~ '" C E Q,).~- ....II/ .... (,) o CIS zo. E a), b) & c) - Less Than Significant Impact The proposed project would have a 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 aire quality impact analysis be prepared for projects generating less than 2,000 vehicles trips er day. The project is expected to generate about 270 daily trips, and therefore, 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 I 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 haul trucks to minimize dust generation. I IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either 0 0 0 ø 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 I or U,S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any 0 0 0 ø 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 0 ø federally protected wetlands as defined by I Section 404 of the Clean Water Act I (including, but not limited to, marsh, vernal I pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 ø I of any native resident or migratory fish or I wildlife species or with established native , ! resident or migratory wildlife corridors, or I , impede the use of native wildlife nursery , ! (7-73 ISSUES: [and Supporting Information Sources] sites? [5,10,12,21,26] e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] ».. 0 c" i _c c~ c; c I -I'G" I'G I'G 0 I'G I'GI'G" .. .!!! u u ~u~·-.. ~uu u I ..¡¡: ~ I-¡¡:..-;O I- .- I'G o I'G c: ._ 1/1'- '¡ Cle. U) :: Co Ze. i SCE f/) I:: ._ r- "' <: E E I 0"'- evCÐ =0 Q) .~- - Q.I/ ...Ji:ij :;:g ...JI/ - I , ø , D D D i I , f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural D Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] e) - Less than significant impact with mitigation measures D ø o A total of forty-eight (48) trees are on the project site. The project proposes to remove twenty-two (22) of them to either allow for the construction of the building pad/underground parking structure or simply because some of the trees are nearly dead. They include: Six Paperbarks, one Ash, two Magnolias, two Sweet Gums and 11 Coast Redwoods. Preliminary, the project proposes to plant 52 new trees as mitigation for the removal. The City Arborist is currently assessing the values of the removed trees and will determine additional mitigation measures, Some of the replacements may include field grown trees. The project will be required as a condition to adhere to the City Arborist's recommendations. The proposed landscaping plan shall be revised to be consistent with the Citv's Arborist's recommendations, V. CUl rURAL RESOURCES .. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? [5,13,41] b) Cause a substantial adverse change in the significance of an archaeological i resource pursuant to §15064.5? [5,13,41] c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains. including those interred outside of formal cemeteries? [1,5] I 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: D D D D D ø D D ø D D ø D D ø D I ')- / l{ ISSUES: [and Supporting Information Sources] i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo I Earthquake Fault Zoning Map issued by the i State Geologist for the area or based on I other substantial evidence of a known fault? i Refer to Division of Mines and Geology Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? [2,5,10,44] iii) Seismic-related ground failure, including liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] I b) Result in substantial soil erosion or the loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result I in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? [2,5,10,39] d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] A(I-iii), cod - Less Than Significant Impact »+' - C -IV+' .!! U u +,.- ~ c~ ~ CÞ C E Õ C)_ o..ii) o t:1: c:; I'll IV 0 I'll ~u~·-.. 1-.-...1üo 1/)~';ClO- t/J C ;:. .- ... Q)1:n :t:O -'ii) ::Eg c1: i'lli'll+' ~uu I- .- IV I/) ~ 0- w C E Q).~- -'en +' U o IV ZO- ..§ o o o ø ø o o ø According to the Cupertino General Plan, the site is in a VF-2 zone for which specific hazards may include moderate ground shaking and low to moderate ground failure due to ¡liquefaction. The site IS on the valley floor and not in the immediate vicinity of active faults including the Monte-Vista Shannon, Berrocal and San Andreas faults. The site also does not lie within the Alquist-Priolo zones and no faults are mapped passing through the site or in its immediate vicinity. The project will be required to provide a soils report, comply with Uniform Building Code, and provide a seismic hazard evaluation to certify adequacy of normal UBC earthquake regulations or to recommend more stringent measures, to avoide o o ø or minimize potential damaae from seismic shakinq. VII. HAZARDS AND HAZARDOUS I MATERIALS - Would the project: o o ø o o ø o o o o o o o o ø o o ø o o o {J~7S , I >..... 0 1:"'" -I: c: ë c :¡: I: I -III.... III III 0 III 111111"'" .... .!!! (J (J J:(JJ:'-" J: (J (J (J ¡ISSUES: ....¡¡:3 1-¡¡:....1VO 1-'- III o III c: ._ 1/1'-'. co. I/) ~ 0. zOo [and Supporting Information Sources] '" I: E en c 3=.- ~ I/) I: E E õ.~- Q)CÐ :!:'o Q) .!2'- I D-rn -'iñ :æ:~ ....1m I a) Create a significant hazard to the public or 0 0 0 0 ! I the environment through the routine , transport, use, or disposal of hazardous I 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, I substances, or waste within one-quarter mile of an existing or proposed school? , I [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 significant hazard to the public or the I environment? [2,42,40,43] 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 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 0 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 0 interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a 0 0 0 0 I significant risk of loss, injury or death I involving wildland fires, including where wildlands are adjacent to urbanized areas or ; where residences are intermixed with wildlands?[1,2,44] I VIII. HYDROLOGY AND WATER QUALITY I I .. Would the project: , 1)- 7b 0 i :.,'" c1; I - C s:::~ 1:; ...1 -III'" nllII 0111 nllII'" .! 1.1 1.1 J:tJJ:'-'- J:tJtJ og\ ISSUES: ....- ß I-=...~O I- .- ca c~ en'-'¡¡¡ I:) 0. (I) ~ Q. zo. [and Supporting Information Sources] '" C E () I:: ._.... en C E .Ë õ.~- (þCJ ~o Q) .!2'- D..III -'iñ :¡¡~ -'III a) Violate any water quality standards or D D ø D I waste discharge requirements? [20,36,37] i , b) Substantially deplete groundwater D D D ø I supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses I or planned uses for which permits have been ! granted)? [20,36,42] I e) Create or contribute runoff water which D D ø D . would exceed the capacity of existing or planned stormwater drainage systems or . provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water D D ø D quality? [20,36,37] g) Place housing within a 100-year flood D D D ø hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] h) Place within a 100-year flood hazard area D D ø D structures which would impede or redirect flood flows? [2,38] I i) Expose people or structures to a significant D D ø D risk of loss, injury or death involving flooding. including flooding as a result of the failure of I a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or D D D ø mudflow? [2,36,38] . a), c), d), f), g) - Less Than Signficant Impact I The project is in a B flood zone as per FIRM maps dated May 1,1980 and is not in a area , , I subject to flooding from creeks, dams or levees, As Indicated above, the project site IS i relatively flat and developed site. Since a large portion of the existing site is a parking lot, I the proposed development will not result in a net increase of impermeable suface. All I construction will also be required to provide additional features to reduce run-off in ! accordance with BAASMA guidelines. ¡ ! , (7~11 I 0 I :-''' C:1: 1:'- c'E; I _ c -ns" ns oñS nsns" Õ .!!! u u J:~J:'-'" .cuu i ISSUES: .. ¡¡: a I-¡¡:..-;o I-¡¡:ns o ns ! I: ,. 1/I'·'iClC, e,nl- c. zc. [and Supporting Information Sources] SCE fA C .-... II) c E .E I 0"'- Q>CÐ ~o Q) .~- I!. I/) ....Iii) ::;;g ....II/) - ! ! IX. LAND USE AND PLANNING· Would I ! the project: I I ø i a) Physically divide an established D D D ! community? [7,12,22,41] I b) Conflict with any applicable land use plan, D D ø D I 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 D D ø D I conservation plan or natural community I conservation plan? [1,5,6,9,26] i a) - c) - Less Than Significant Impact The project is in conformance with the City's General Plan development allocations and Zoning. The only change that the applicant is seeking is a rezone of the property to indicate 35 du.lacre density to be consistent with the General Plan. I X. MINERAL RESOURCES .. Would the project: a) Result in the loss of availability of a known D D D ø 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 D D D ø locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] XI. NOISE .- Would the project result in: a) Exposure of persons to, or generation of, D D ø D noise levels in excess of standards I established in the local general plan or noise I ordinance, or applicable standards of other agencies? [8,18,44] I b) Exposure of persons to or generation of D D ø D i i ¡excessive Qroundborne vibration or I (7- '7 r »... C'" 0 c,!: _c c c:¡:¡ -ra'" ra ra 0 ra rara'" ... .!!! y y ,cy,c;¡'- ,cyy y ISSUES: ... ¡¡: ~ !-·-..cao !-¡¡:ca o ca !:: .- .... .- 0- ",'_ 0- zO- "'.-;: CI [and Supporting Information Sources] Q) r::: E en C .-.... '" r::: E E Õ .21- (þC) :!::::o (1).2"- c..(/) ...J¡¡¡ ::g ...J(/) ground borne noise levels? [8,18,44] I , c) A substantial permanent increase in 0 0 ø 0 i ambient noise levels in the project vicinity i above levels existing without the project? [8,18] d) A substantial temporary or periodic 0 0 ø 0 increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] , I e) For a project located within an airport land 0 0 0 ø I , use plan or, where such a plan has not been ! , adopted, within two miles of a public airport I 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 , I airstrip, would the project expose people I residing or working in the project area to excessive noise levels? [8,18] a) - d) - Less Than Significant Impact The Cupertino General Plan sets noise standards for this type of development at 65 dB for normally acceptable levels and between 65 - 75 dB for conditionally acceptable levels. Based on a report by Lewitz and Associates Inc (December 14, 2004), the estimated noise level at the site will be between 65 - 67 dB. With the proposed noise barrier along the northerly property line, the exterior noise level is expected to drop approximately another 7 dB which is consistent with the General Plan's criteria. Also, the California Uniform Building Code section 1208A.8,2 states that the interior noise level of a residential construction shall not exceed 45 dBA. According to the noise consultant, an STC 40 window with the aforementioned noise barrier will ensure the interior noise levels are not above the code. I i XII. POPULATION AND HOUSING - Would I the project: a) Induce substantial population growth in an 0 0 ø 0 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 0 0 0 ø I ; (1---')'7 :.,.... 0 c" _c c 1: r:;: c -ns.... ns ns 0 ns nsns.... .... .!!! u u ~U~·-.. ~uu u ISSUES: .....- ~ ~·-....ñío ~t;:ns o ns ~= ):::.~ C)a. tJ).- g. Za. [and Supporting Information Sources] cD C E (I) c: .- ~ CI) C E ..e õ.~- CI) C'J ~ 0 (1).~- D..<n .....I(ñ :Eg ....1m housing, necessitating the construction of replacement housing elsewhere? [3,16,44] , c) Displace substantial numbers of people, 0 0 0 ø necessitating the construction of replacement housing elsewhere? [3,16,44] .. I - ,a) Less Than Significant mpact i The proposed development is consistent with the General Plan Development Allocation I d' 'thO th II bl d 't ra ¡an IS WI In ea ow a e enslY nge. XIII. PUBLIC SERVICES I I 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 I acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [19,32,44] 0 0 III 0 Police protection? [33,44] 0 0 III 0 Schools? [29,30,44] 0 0 ø 0 Parks? [5,17,19,21,26,27,44] 0 0 III 0 Other public facilities? [19,20,44] 0 0 ø 0 a) - Less Than Significant Impact 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 i project of this type and size will not significantly change or impact public services. I XIV. RECREATION -- a) Would the project increase the use of 0 0 0 III I existing neighborhood and regional parks or , other recreational facilities such that I , substantial physical deterioration of the ¡ facility would occur or be accelerated? I i [5,17,19.21,26,27,44] I I b) Does the project include recreational 0 0 0 III I I facilities or reauire the construction or I 1')- fD ».. c" 0 c1: C C,- _ C ns 0" -ns" nsns" .. ,!!! y y .t: ~.c:'- ~ .t:yU U ISSUES: ~!;:~ 1-.-.. 'Iii 0 1-t=1U o IU ()~.¡ C'JQ.. en'- c.. zc. [and Supporting Information Sources] Q C E rn C .-... u> C E .ê õ.~- Q)C) :1:::::0 Q cn_ D.IJ) -Iêij ::æg -IIJ) expansion of recreational facilities which might have an adverse physical effect on the I environment? [5,44] I i XV, TRANSPORTATION/TRAFFIC-- I h' I Would t e proJect: r a) Cause an increase in traffic which is 0 0 ø 0 substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips. the volume to I capacity ratio on roads, or congestion at intersections)? [4,20,35,44] i b) Exceed, either individually or cumulatively, 0 0 ø 0 I a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, 0 0 0 ø including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] d) Substantially increase hazards due to a 0 0 ø 0 design feature (e,g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? 0 0 ø 0 [2,19,32,33,44] f) Result in inadequate parking capacity? 0 0 ø 0 [17,44] g) Conflict with adopted policies, plans, or 0 0 ø 0 programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] f )~tl »... 0 c'" c ~ C.- _ C caca oñí c -ns'" cans'" ... .!!! t,) t,) .s::. t,).s::.'- .. .s::.uu u ISSUES: ~.- ~ 1-¡¡:~iO I- .- ns o ns c:\!:: 1J)'-'-I:)Oo IJ) \!:: 00 zOo [and Supporting Information Sources] .. c ë '" c ~._.. '" c ë .É Õ .2'- (1) C) :t:= 0 Q) .~- D..tJ ....1.- :::¡¡ U ....ItJ tJ .E a), b), d)-g) - Less Than Significant Impact The project proposes 46 condominiums on De Anza Boulevard. It replaces an existing 7,744 square foot restaurant. The number of trips generated by the project was compared to the number of trips generated by the previously restaurant and the 120-room hotel that was previously approved for this site, The project is estimated to generate a total of 270 daily trips, 20 AM pea-hour trips and 24 PM peak hour trips. This is 658 trips fewer than the previous restaurant use and 479 trips fewer than the previously approved hotel. Therefore, the project will not result in significant intersection impacts and no mitigation measures are required. Access to the site is provided through a shared access driveway on Valley Green Drive. The Fire Department has determined that emergency vehicles access will be adequate, Parking for the project consists of 103 spaces: 15 on-grade and 88 spaces in the underground garage. The City's parking code requires 92 spaces for the proposed building (2 stalls per each unit). Therefore, the parking provided on-site is considered adequate, XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment 0 0 0 0 requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of 0 0 0 0 new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of 0 0 0 0 new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] I e) Result in a determination by the 0 0 0 0 I wastewater treatment provider which serves I or may serve the project that it has adequate capacity to serve the project's projected I demand in addition to the provider's existing I commitments? [5,22,28,36,44] f) Be served by a landfill with sufficient 0 0 0 0 permitted capacity to accommodate the ! project's solid waste disposal needs? [40,46] I Q) Comolv with federal, state, and local , I I 17~ðJ- I ISSUES: ! [and Supporting Information Sources] >0,'" _ c -ca'" .!!! u u ....- !!1 c ~ ~ Q) r:: E Õ .2'- c...m _... 0 """t: C:'¡:¡ ca ca 0 ca ,cU,c'-'" 1-;;:...;0 II) ,- ':;: m C. en c: =-- ._ 10.. evC1 ~o ...Iiñ :;:g c'" c caca'" ,c u u 1-;;: ca tI) -- Co J r:: E Q) .!2'J- ...1m 'tí o ca zc. .É i I I statutes and regulations related to solid ! waste? 0 ! a) - f) - Less Than Significant Impact I I Sanitary sewer service is available. The applicants, like other users of the system, will be ! required to pay any District fees required. I I The project is not expected to increase demands that would exceed waste water treatment I requirements of the Regional Water Quality Control Board. Additionally, since the project i will be required to comply with BASMAA guidelines, it is expected that there will be I reduction of runoff into the storm water system (i.e., pervious surfaces and swales). I i The General Plan states that the Santa Clara Valley Water District has indicated it has the I 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. I I The project will be required to comply with all federal, state, and local statues and I regulations related to solid waste. D D ø D (7-ðJ . C,'. ........ XVlI.MANPAT()RY FI~DINGSo.F$JGN.I':IÇANCE (fÓbe ¢oI'!'lP¡étedl:iyCitY.~taffl a) Does the project have the potential to 0 0 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0 b) Does the project have impacts that are individually limited, but cumulatively ì considerable? ("Cumulatively I 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)? 10 ø o o o ø o c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 o o ø o 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 .' / ~ " .... '" ,....,. .".._'7 /' ./'. ..~..:::;::::¡--./.--:.> .,' / (/ ,ZÇA-I< ~ c:. ¡.J-M Print Preparer's Name [l-!Y 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 Transportation/Traffic 0 Utilities / Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: 0 The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ø 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. 0 The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 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. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nç¡thing further is required, - /.- J-~ ZOI7DOC; Date dz;:^-- 2iJ,' wcr: Date , ERC Chairperson (;; -j) ---------- - JlJNIPERO SERRA /=j (280) RS'S'WAY N 76'::---------- - OF v137"W --~ 336.53'_- - 42. - ~ 1.53' ~ w m~ 0° _ ° '" . IP~ ¡ON -0 (/J TOTAL SITE 1.579 ±ACRES Rezone from P(CG, ML, Res 4-10) to P (CG, ML, Res 35) POINT OF BEGINNING 34J3..90' N 89'53'51" E 409.69' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: THE SHELTON COMPANY ---- o <{ ° a:: -~ w 85.00' ê.<i ~. ~ ¡" aJZ "" Z (J) < ::J :: N(/) Z I W <(3 !:: WO ê'I O~ g J:~ z 61 69' f- (/) . 1:[' Oš Z8J W ¿IŠ a:: a:: ° ~ 1..1.. z '-..;,J LiJ U , , , DATE SCALE DEC,,2004 1"=60' CUPERTINO CALIFORNIA DR, BY CCB 'KIER & WRIGHT JOB A00009-2 FOR PLANNING PURPOSES ONLY CIVIL ENGINEERS & SURVEYORS, INC, SHEET NO. 3350 Seoll Bouleverd, Building 22 (408)7Z7-6665 Sonlo Claro, Colllarnlo 95054 FAX (408)727-5641 2 OF 2 USER: cbeach I: \dwg \AO0009\SURVEY\PLA T\METES & BOUNDS.dwg DECEMBER 14, 2004 9: 49 AM I ')~ 07 December 14, 2004 Project No. A00009-2 Page 1 of2 EXHIBIT "A" LEGAL DESCRIPTION FOR PLANNING PURPOSES ONLY All that certain real property lying within the City of Cupertino, County of Santa Clara, State of California, and being all of Parcel 1 and a portion of North De Anza Boulevard (formerly Saratoga-Sunnyvale Road), as shown on that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara on August 9,1974 in Book 344 of Maps at Page 10 and being more particularly described as follows. Beginning that the southwest comer of said Parcell, thence along the following four (4) courses and distances: 1. North 89°53'51" East, 409.69 feet; 2. North 00°12'17" East, 119.43 feet; 3. North 76°51'37" West, 421.53 feet; 4. South 00°06'09" East, 216.00 feet to the POINT OF BEGINNING. Description prepared by Kier & Wright Civil Engineers and Surveyor's Inc. i2../ /4/01- Date I ~RU~ r y R. Vigil .S. 6256 rP''''''-'''P' ,/,J':~~, /Ú"'-'''..." I c-J.."..........., ~. \. ;1 ~,..-·,v ~:"'5 t'',¡ ,.".", J'''~~\ ) .¿,~_;:I. /..."_(',,,,~ iJ"'k ;f".''t, "J,,# .. ) y-,.' k'" ,.,~... P'~'~'\. "oM:> \, ./ ..:....,,:',. /~"':.}'~~:. ....Ç?;t>,<..'.(À '\ .. '"" i ....... í,"')~ \ t~\:::~:) " -1?ç.ï:~:"7~",::' :'"" ~,~s:§;~,- ~ --:>,,:;~,:..,,-, F:\PROJECTSIA00009-2\Legal for Planning. doc I}-JT Cupertino Planning Commission 2005 22 January 25, Chair Wong declared a short recess. 4. Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-12 (EA-2004-1O) Greg Pinn (Oak Park Village) 10745 No. DeAuza Blvd. (former Santa Barbara Grill) Rezoning of a 1.37 acre parcel from P (CG, ML, Res. 4-10) to P(CG, ML, Res 35). Tentative Map to create 46 residential condominiums, Use Permit to demolish a vacant restaurant building and construct 46 residential units. Architectural and site approval for 46 residential units. Tentative City Council date: February 1, 2005 Mr. Chao · Clarified that the tentative City Council hearing date is February 15, 2005; and the proposal is for 46 residential units, not 45. Mr. Chao presented the staff report: · Application is for a use permit to demolish the former Santa Barbara Grill and construct a 46 unit condominium building on a podium garage. · A tentative map and architectural site approval is also requested to allow for the 46 units, · Applicant is also rezoning the property to be consistent with the General Plan in terms of allowable density up to 35 dwelling units per gross acre. · Reviewed the following, as set forth in the attached staff report: Project description, General Plan and zoning, North DeAnza Conceptual Plan, Architectural Design, Median Improvements, Traffic Analysis, and Parking, Christy Ann Choy, Fehr & Peers Associates: · Reviewed the TIjp Generation Analysis conducted, based on the trip rates rrom the Institute of Transportation (IT), resulting in the determination that the trip generation for the residential project would be 270 new daily trips, 20 a.m. peak hour trips, and 24 p.m. peak hour trips. The proposed condominiums are not expected to significantly affect operations at any of the intersections on Valley Green Drive or DeAnza Boulevard, Mr. Chao: · Staff recommends the Planning Commission recommend approval of the following: Mitigated Negative Declaration, Use Permit application, Tentative Map application, ASA application, and the rezoning application. Vice Chair Miller: · Asked staff to review the history of why the particular property was zoned 4-10 residential instead of35. Ms. Wordell: · Said it was a cleanup problem when the housing element was redone in 2001; at that time they put the densities in for the different areas and did not go back through the zoning map and make everything conform. Mr. Piasecki: · Clarified that when the North DeAnza Boulevard Plan was adopted in the late 70s, the 10 units to the acre maximum was put on the property. In subsequent amendments to the Plan when they allowed the greater densities, they did not go back and change the zoning, anticipating I -s-t1 Cupertino Planning Commission 2005 23 January 25, that as projects came in, they would need to do it on an applicant-by-applicant basis, and it was not done comprehensively. · He said that 10 units is consistent with the zoning; and the applicant's request is consistent with the General Plan, Vice Chair Miller: · One part of this application which also lead me to believe that the reason for the lower zoning was an incentive to encourage commercial, staff is asking the applicant to do an in-lieu fee, could you address that. Mr. Piasecki: · This is an issue raised by the General Plan Task Force, we heard about it earlier this evening when we talked about non-retail uses replacing retail uses in the community; and shouldn't we preserve every retail site possible just in case the market may want to respond and reopen a restaurant or build a hotel on this site. As we have also discussed, we have numerous sites in the community that have remained dark for 5 years and in this case turned into an attractive nuisance and it is not necessarily the best city policy to sit back and wait for however long it might be and hope that retail is actually viable. This applicant was required to retain Randall Mackey with the retail real estate group to evaluate the retail feasibi!ity of the other site he is proposing to develop in the community, which is the fonner Adobe Lounge property, which has been vacant for a long time, They indicated that while the Adobe Lounge property he believes has viability for retail, this site doesn't because of the lack of access. · He suggested to the Planning Commission when evaluating the question of non-retail replacing retail, two issues should be considered: (I) Critical mass; does the site contribute to the critical mass of a retail environment. (2) The revenues to the city, · Said they are projecting the reasonable period for paying in-lieu fees is 20 years. · Said that if a hotel was being proposed for the site, they would prefer a hotel on the site; even though it generates more traffic, it is a solid revenue source for the city, and could function as a gateway building. The city's plan allows alternate uses, Ifthe city does not want to allow this, they need to be clear in the Plan; options should not be allowed if they are not going to be honored once they meet all the community objectives. · Many options for the site have been considered, including a mixed use project. · He said BJs has been successful because of the close proximity to Apple Computer employees and access off DeAnza Boulevard, and it is highly visible; whereas the present site is not accessible to customers. · The present site is doomed to businesses moving in and then out, and marginal retail if insistent that it be a retail site, Com. Chen: · Asked if within the North DeAnza Conceptual Plan region, where there other sites that could utilize some of the residential units. · Asked staffto clarify the fiscal impacts. Mr. Piasecki: · Said that the sites next to the apartment complexes near a recently approved church and also where the temporary library was located could be potential sites, · The suggestion is for a development agreement to backfill the potential opportunity for retail in this location. A 20 year upfront payment would then give the city the option of either banking it, or collecting interest on it, whatever option the City Council may chose. { J-16 Cupertino Planning Commission 2005 24 January 25, · Apple has no intention on putting residential on their site and no one wants to force that on them, Mr. Chao: · Answered questions from commissioners. · Said the potential highway noise was addressed in the Plan; noise analyses were perfonned and the results are attached to the staff report, · One of the main issues analyzed was the traffic noise on the exterior and interior of the units and it was detennined that as long as they maintained certain sound transmission ratings throughout the project, the sound noise would be under the requirements of the building code. · Said the units were 'for sale' units; and below market rate homes are included. · Ordinance requires 2 parking zones for each condo unit; no requirements for guest parking, · Applicant is proposing 103 parking stalls; the ordinance requires 92. Fifteen of the surface spaces could be allocated for guest parking; there is overflow parking in the area for extra guests. Mr. Piasecki: · Said that in the 2 to 1 ratio, it is anticipated that guest parking is being provided; there are 10 or 11 more spaces than are the minimum required by the ordinance, There are a number of one bedroom units that may only have one car. · If the applicant desired, they could put in a covenant deed restriction limiting the number of vehicles people could bring to the site, Chair Wong: · Referred to a school district map and asked why the project would feed into Homestead High School. · Asked staff to address the funding to the high school district. Mr. Chao: · Said the infonnation was received from the high school district; and because Monta Vista was full, it was not unCOmmon to route the students in the new project to another school. This particular project is also more convenient to Homestead High School. Mr. Piasecki: · Said it was difficult to address the issue of the funding to the high school district on this particular project, He said he felt they were over-estimating the number of high school students coming from the development based on actual in the field project. · For the General Plan they will need to have examples of what comes out of the projects and they need to have a sliding scale so that the developer is not penalized with an average rate coming from predominantly single family neighborhoods, · Mixed use or lower density environment is not suitable for the site, Greg Pinn, Pinn Brothers: · Said the development would create the least amount of impact to the traffic than a restaurant or hotel would. · Felt the units would be sold to young executives, empty nesters, single people. · The project has easy access to the freeways for those who work in other cities. · Pre-existing conditions exist relative to cut through traffic, stop signs and needed traffic lights; and the applicant will work to mitigate where possible. !r1( Cupertino Planning Commission 2005 25 January 25, Chip Pearson, Dahlin Gronp Architects: · Reviewed the site plan and the architectural imagery !Tom the surrounding area, · illustrated the various floor plans and elevations of the units. · Answered commissioners' questions about the architectural design of the units. · illustrated the location of the trash enclosure, · Said the price range at today's price range would be $380K to $680K, although the units would not be for sale for another two years. Chair Wong opened the public hearing, Joe S. Barraza, Acadia Court: · Expressed concern about the present traffic situation on Valley Green Drive, and cars exiting from the Outback Restaurant and the gas station. · Recommended that the present traffic problems be addressed before building the new project. Dennis Whitaker, resident: · Reviewed the history of the previous restaurants at the site. · Primary reason for the failure of the businesses was location of signage, and access to the site, · Recommended that the height and density of the proposed project be reduced, · Said the site was in an industrial center, and the site is ideal for a business site. Expressed concern that once it is broken up for residential, other vacant areas will be filled with residential, and there will be decrease in getting businesses to come into Cupertino. · There are no parks in the area for residents, · On positive note, it serves lower cost housing because of the type of units available. · Recommended less three bedroom units and more studio and one bedroom units, · Expressed concern about allowing changes in Cupertino especially in the areas designated that way to become something different than they were. Once you get rid of commercial areas, there will be no place for businesses, Joseph Cena, Greenleaf Drive: · Thanked staff for holding the recent neighborhood meeting. · Supports the project rather than the previous proposed hotel. · Expressed concern about the traffic in the area presently and the safety factor, · Said that suggestions for traffic mitigation were considered at the neighborhood meeting; such as moving it down to one of the Apple access roads, and have the traffic unload further down Valley Green toward the Bandley Street area. · Net Manage Building is currently vacant and the traffic was not considered in the studies conducted, or the conditions in that particular area now. Once the building is occupied, there will not be overflow for the project. Deborah Hill, resident: · Supports the residential project rather than a hotel. · Fills a housing need in Cupertino, · May have traffic impacts, Tom Huganin, La Roda Court: · Expressed concern about the height and density of the project. r:3-?~ Cupertino Planning Commission 2005 26 January 25, · Questioned if it was the right project for the time~ as there will be an issue on the November ballot relative to the style of development; heavy density and height. · Noted that there was a Metro PCS tower close to the project that does not have an RFR study, · Suggested moving the antenna to the top of the building with Metro PCS permission. · Questioned how many young couples will move into the units and have children later, Studies do not address the issue and more children may result in the project. Chair Wong closed the public hearing. Mr. Chao: · Noted that Garden Gate was presently at capacity, but Lausen Middle School will take a portion of Garden Gate's sixth graders starting next year, which will ftee up some open slots for elementary students, If not, they will be publicly bused to Nimitz if it is over capacity. Mr. Piasecki: · Relative to the location of the Metro PCS tower close to the project, he said staff has no jurisdiction over it because they met the federal standards. Vice Chair Miller: · Questioned the possibility of shared parking between the residential units and Net Manage in the evening. Mr. Piasecki: · Said that the applicant could work with Net Manage on an agreement on a voluntary basis, but staff had no control to require them to cooperate, Vice Chair MiUer: · Said he originally felt they may be jumping the gun as they were in the middle of the review of the General Plan with different opinions on the density of development or if it should have residential. · Said he felt initially they should postpone discussion until further along in the General Plan evaluation in terms of the specific need to rezone the property, · On the positive side it represents an opportunity to generate more affordable housing in the city because of its close proximity to the highway and the noise impacts. · Traffic needs to be addressed in more detail for the safety factor. · The building is of high quality design and works well as a gateway building; the applicant has worked hard to fit it into the neighborhood. · Relative to alternative uses, since a restaurant or retail will not work well in that location, the only choices are a housing project, hotel project or an office project. The project provides the opportunity to add affordable housing in the city which is a major goal of the city, Com. Chen: · Said she welcomed the project as it provided an opportunity to develop a lot that has been idle for some time. , · Some General Plan related issues that need to be addressed include the student ratio, the unit allocation of 150 for the large area and how much should be allocated to this area if this area takes 35% of the total units allowed; what is the impact to other potential lots not considered and studied, · It is a good opportunity to add more affordable housing in the area, Il-73 Cupertino Planning Commission 2005 27 January 25, · In the General Plan connnunity meetings, the need to address senior citizens and single small families was discussed. Should more smaller units be built in the area to address those needs? It is a great opportunity with potential of the lot, but since they are so close to the General Plan process to address some of the land use issues,-she said she was not comfortable supporting the project at this time. Com. Giefer: · Said there were many things right about the project; she complimented the architect on the design, and the time and effort in creating a landmark building for the city. · The need for affordable housing is key in the city and the project addresses the need. · Said she could not support the project as it was rewning and putting housing along the fteeway. It is a significant portion of the housing allocation; if it were another structure such as the Any Mountain site on Highway 9, she would support the type of project at that site or other places, · It is not good common sense to put housing on a major fteeway regardless of the noise mitigation created. Com. Saadati: · With the high tech industry, many people are working out of their home offices, · Said he liked the project as it had a diversity of affordable units, · It is difficult to visualize another development in that location such as a restaurant because of the location and access. · Relative to traffic, Public Works can evaluate and mitigate some of the issues raised, · The building height is comparable to the adjacent properties, · Can visualize many people working in the adjacent offices living in the units and patronizing the local restaurants. · Supports the project. Chair Wong: · Commented that the Pinn Brothers had successful projects in the city; he commended them on the Adobe Lounge proj ect. · All of the commissioners support housing, but in this particular area it is surrounded by industrial area and a fteeway. · Said he did not feel comfortable putting a residential project in the location, Said he would be open to it if it was lower to the zoning of ten units, · He concurred that the architectural design was attractive but in the wrong location. · Does not support the project. Motion: Motion by Com. Saadati, to approve EA-2004-10 per the conditions stated. Motion failed for lack of a second. Motion: Motion by Com. Chen, second by Com. Giefer, to deny Application EA-2004-10. (Vote: 3-1-1; Corns. Chen, Giefer, Chair Wong Aye; Com. Saadati No; Com. Miller Abstain). Motion: Motion by Com. Giefer, second by Com. Chen, to deny Application Z-2004-03. (Vote: 3-1-1; Corns. Chen, Giefer, Chair Wong Aye; Com. Saadati No; Com. Miller Abstain) Motion: Motion by Com. Chen, second by Com. Giefer, to deny Application I )-7L( Cupertino Planning Commission 2005 28 January 25, TM-2004-01. (Vote: 4-0-1; Corns. Chen, Giefer, Saadati, Chair Wong Aye; Com. Miller Abstain) Motion by Com. Giefer, second by Com. Chen, to deny the Use Permit. (Vote: 3-1-1; Corns. Chen, Giefer, Chair Wong Aye; Com. Saadati No; Com. Miller Abstain) Motion: Motion by Com. Giefer, second by Com. Chen, to deny Application ASA-2004-12 (Vote: 3-1-1; Corns. Chen, Giefer, Chair Wong Aye; Com. Saadati No; Com. Miller Abstain) Motion: R-2004-18, TR-2004-07 EXC-2004-01, V-2004-03, Greg Richmond, 10495 Scenic Boulevard. Residential Design Review of a new two-story residence with R1 exceptions for reduced rront setback, second story area exceeding 35% of the first story, a second-story wall without the required offsets and a second-story deck exception. Tree removal Permit to remove one 24-inch diameter specimen oak tree. Parking exception to allow one driveway apron stall that is less than 20 feet in length on a single-family residential property, Variance for a second-story deck with a side setback less than 15 feet. Planning Commission decision final unless appealed, uner, preseuted the staff report: n the site were the topography and a mature oak tree. ation as set forth in the staff report, d noted the tree proposed for removal; the location of the second e parking exception, exception for a second story that is 45% of the first-story area. e many improvements in the design and the detailing that Ik of the second story. t with the neighborhood; however, in talking with the add some detailing to reduce the mass of the second Peter GiUi, Seuior · Said the constrai · He reviewed the ap · lllustrated the site pia story deck and the area · Applicant is also asking fo Staff feels the applicant has should help reduce the mass an · Wood siding would be more cons applicant, there may be other option story without having to use wood sidin · Staff is recommending changing the con additional detailing and materials to be agre permit stage, · To address Com, Giefer's concern that the adjace being where the Stevens Creek Trail is; in the event the trail is put in, it was suggested to put a covenant on owners that the adjacent site is city property and could be applicant has no objection to that. · Staff supports the entire project, but recommends the variance condition about the covenant and a change to the condition relativ the applicant will work out additional details prior to the building pe calling for siding to a condition calling for on by staff and the applicant at the building 'te on city property could possibly end up roperty is sold at a later date before site to inform future property location of the trail. The nied; with the added e siding, that staff and Com. Giefer: · Said that she would be concerned about putting a pool under the drip line of an because extensive cuts to the root system would be made even though it is elevate / )-9 )' .:.:\ I {''\\' ij~ ~ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek@cupertino.org ITV F CUPEIQ1NO OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number \Y Agenda Date: February 15, 2005 SUBJECT AND ISSUE Review and adopt City Council goals and work plan for 2005-2006. BACKGROUND On February 4, 2005, City Council held a meeting to consider goals and work plan for 2005-2006, Staff has summarized the proceedings of that meeting and updated last year's goals and work plan to reflect Council's desires for 2005-2006. RECOMMENDATION Review and adopt City Council goals and work plan for 2005-2006, Respectfully submitted: DJL David W. Knapp, City Manager Printed on Recycled Paper 14-1 City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Comments Status Goal Project Spring 2005 Spring 2005 Spring 2005 Library and Civic Center Morion Move Memorial Grove Old Council Chamber Conversion a. b. c. 1 Interim project to convert to conference space On Sept. 15 the City Council directed staffto continue to work on the corridor plan including: · Year-round use Incorporating a multi-use trai Working with the Cupertino Historical Society on the Center for Living History · Reducing the size of the picnic grounds · Changing the fee collection system Staff is working on completing the master plan and seeking funding to implement it. This is an ongoing project. · · The Stevens Creek trail is a single component of the Stevens Creek Corridor Plan. On 9/15/03 the Council directed that the trail through the corridor should be multi-use. Trails Plan Stevens Creek Corridor Plan a. 2. PedlBike Commission identified the Regnart Trail as one oftheir goals for 2005/2006, Regnart Creek Trail b. $2,165,000 in 8, 2005 & Work Program - February Adopted budget $9,250,000. Staff authorized to seek additional outside funding. Goats Cupertino Counci 2005 1 Proposal to Council- Feb. Bid Project - Fall, 2005 Completion - Dec. 2006 Mary Avenue Pedestrian Footbridge of 17 c. 1 Page -+: \ ~ City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Goal Project Comments Status Parks 3. The contract with the Water District for approximately 50% of the consultant cost has been executed and the consultants have begun work. On March 7th the City Council and Parks and Recreation Commission will meet to consider: · Stevens Creek Corridor Park 1 Complete the Stevens Creek Corridor Master Plan a. Funding totaling $1.4 million has been secured. Staff is awaiting word on other funding requests submitted, an east or west trail alignment the operating budget for the proposed SCC park the date of closure of BBF so construction can commence. · · The environmental review of proposed park and restoration improvements is underway. Underway Complete the environmental review for the Stevens Creek Corridor Master Plan including a review of alternative trail alignments 2. The County has received a grant for the paved trail in Reach A. Monitor progress of County in constructing Reach A 3 The board of the Cupertino Historical Society has received the consultant report which reveals that just over one million dollars can be expected to be raised. Staff will process a General Plan amendment and zone change for the Stocklmeir property to allow the Historical Society to house offices and exhibits in the Stocklmeir house, The Cupertino Historical Society has asked that the Council agreed to a long-term lease of the Stocklmeir property and the historic bam and blacksmith shop at McClellan Ranch, if within 5 years of commencement of their capital campaign, they raise sufficient money for restoration, III Support the Cupertino Historical Society its efforts to create a Center for Living History 4. On Jan. 25th the City and Water District jointly submitted a funding request to the Dept. of The partnership agreement with the Water District was approved and the Work with the Santa Clara Valley Water District on a partnership to complete the 5 & Work Program - February 8, 2005 Goals Cupertino Council Page 2 of17 -\::. \ ~ City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Comments Water Resources for restoration. This will augment the District's commitment under the FAHCE settlement. Status Water District Board appropriated $161,000 toward the project. Goal riparian planning and restoration for Stevens Creek Corridor Park Project We have also applied for a Healthy Cities grant for $400,000 and are awaiting word. Staff has identified other funding sources and continues to prepare applications, Note: Sufficient funds are available to begin construction in 2006, A council decision regarding when to change the operation of Blackberry Farm is needed. The City received the following grants/funds: Land and Water Conservation grant -- $89,000; Urban Park Act grant -- $834,000; Santa Clara County Water District-- $161,000; 2002 Resources Bond Act -- $129,165 and State per Capita Bond -- $220,000 for a total of $1,433,165. funding grant Apply for 6. The staff of all entities is working to define the potential site boundary and scope, It is then expected that in early 2005 a meeting/conference with staff and elected representatives to finalize to concept. Once this has occurred, the next steps will be · realign the city boundaries so that the park is within the City of Cupertino. Do community outreach to detennine what the park should be budget for said proj ect, and begin to pursue funding · · · Santa Clara County owns a parcel next to Lawrence Expressway currently used by the Department of Roads and Airports as a materials storage site. If available, this site would be a logical extension of the existing creek trail and could serve as a neighborhood park. City, County, SCVWD staff are working on a schedule of necessary steps to proceed with project, including possible (as yet unknown) funding sources. Rancho Rinconada Park 1 Commence work on a park for the Rancho Rinconada area b identified during the an area arks. This area was General Plan process as deficient in neighborhood p & Work Program - February 8,2005 Goals Cupertino Council Page 3 of17 - -+: \ -L- and Work Program 2005-2006 -- Items are not in priority order City Council Goals February 4, 2005 Comments Status Goal Project a Planning staff is working with potential developers of the Villa Serra project to provide neighborhood park in this area. There is no activity at this time. This area was identified during the General Plan process as an area deficient in neighborhood parks. Neighborhood Park in the Homestead area c. A park in this area would implement the General Plan policies that require 3 acres of park per 1,000 residents to serve Menlo Equities, Vallco Rose Bowl and residential uses on the Toll BrosIHP site. VallcolHP Neighborhood Park d. Pursue acquisition of the two parcels at Sterling and Barnhart in conjunction with development on the HP site. Sterling Barnhart parcels e. drawing IS The teen center has been popular and increasing numbers of youth. Summer monthly participation was 185 to 345 youth per week. In August there were 274 registered members. Y outb Issues Teen Center a. 4. Program not offered in 2004/05 due to budget cuts. Tomorrows Leaders Today b Sheriffs Teen Academy c. 190 total graduates to date. 2004/05 class in progress 2004/05 class - 22 graduates to date. Classes scheduled to begin in February and April with 20 participants in each class. Kaleidoscope d. & Work Program - February 8, 2005 Goals Cupertino Council Page 4 of 17 - 4:: I '"\ City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Status Goal Project Comments Respondents to the past two community surveys and at the May 2002 community congress favor an enhanced commercial district in the Crossroads area, as follows: · 71% of the June 2004 Community Survey · 75% ofthe June 2002 Community Survey respondents · 81% of May 3, 2002, Community Congress The General Plan Task Force presented its recommendation in March 2004. Task Force draft is consistent with the Streetscape Plan. Council can schedule adoption of the plan at any time. City Council authorized the amendments to the Heart of the City plan on January 22, 2002 The Crossroads Streetscape plan went to the Planning Commission in Fall 2002, and was delayed to enable the General Plan Task Force to consider height and setback recommendations. Opportunities Implement the Streetscape plan for the Crossroads block of Stevens Creek Boulevard from De Anza Boulevard to Stelling Road. Pursue "Downtown" a. 5. Phase One of the Town Center plan began construction in December 2003. Architectural plans for the residential component have been approved and building permit plans for buildings Rl and R2 are completed. Demolition of the existing office buildings should begin in Spring 2005 and construction of the town homes, mixed-use building and park should begin in the Summer/Fa1l2005. Goals & Work Program - February 8, 2005 Cupertino Counci The City Council approved the master plan in May 2003 Work with the Town Center developer to plan a mixed used walkable plan Page 5 of! 7 b - -L \ ~ City Council Goals and Work Program 2005-2006 February 4, 2005 --Items are not in priority order Comments 72% ofrespondents to the 2004 community survey supported calming traffic on major boulevards to enhance wa1kability State grant approved for $100,000, Project to be constructed May-June 2005. - · Next block leader gathering is March 19. · New mentoring program provides leadership training and individual support for new and existing leaders. · Block Leader "How-To" binder is on CD and is available on the City website. Materials include: sample fliers, tips to organize neighborhood meetings, and communication/facilitation guidebook. · MapGuide, the City's GIS program, includes block leader coverage areas. · Leaders are informed of neighborhood building activities and improvements over $50,000. Status On Sept. 15,2003, the City Council authorized the Ped/bike Commission to study Regnart Creek Trail segments from Blaney Avenue to Pacifica Avenue. Commission reported to Council in Spring '04 and staff will apply in early '05 for planning funds from SCVWD. Goal 6. Street Safety - Walkable Community Ensure that '·walkable city" concept is present in all City development/redevelopment projects Project a, b. Mary Ave. Pedestrian Crossing Neighborhood block leader program supports 115 leaders. Building Community/Unity Continue to offer opportunities and programs to promote cultural understanding and address the needs of our diverse community a. 7. 8, 2005 Goals & Work Program - February Cupertmo CounCI Page 6 of 17 l \ -J City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Comments Status Goal Project is now available in Mandarin, Korean, Vietnamese at the Tennis instruction Spanish, Hindi Sports Center. The Senior Center provides translation volunteers in several languages. b. Continue to identify translation needs in our community and City staff is providing translation and interpretation services for publications resident service requests. Senior Center Newsletter is printed in English & Mandarin. in other languages for improvement projects as needed. Hold public forums major capital c The Senior Newsletter includes Chinese translation. Emergency Preparedness instructions are printed in multiple languages. and civic Evaluate methods for communicating (electronically and in writing) to non-English speaking population regarding crime prevention, emergency preparedness activities d. Adopted by CEA, non-represented; and OE3. The City will also be organizing other special events throughout the summer of2005 Event scheduled for September 24 & 25 in conjunction with Chamber of Commerce and Rotary, Implement a bi-lingual pay program Golden Jubilee celebration e. f. The General Plan update will consider policies encouraging active commercial uses such as bookstores, coffee shops and restaurants. Re-tenanting of existing commercial buildings: · Panda Express, T-Mobile & Starbucks · Flames Restaurant · Alexander's Steakhouse · Dynasty · Lori's Diner · Rio Adobe City Council has approved the following projects expanding the City's retail space by approximately 80,000 square feet: Panera BreadsIPeet's Coffee Verona (City Center) Tra Vigne Marketplace BJ's Restaurant & Brewery Library Coffee Shop Town Center Menlo Equities Economic Development Encourage, retain and support healthy environment for retail growth a. 8. 8,2005 & Work Program - February Goals Cupertino Counci Page 7 of 17 ....c:.. \ ~ City Council Goals and Work Program 2005-2006 February 4, 2005 - Items are uot in priority order Comments Status Goal Project The committee adopted the following goals: · Enhance communication between local business and government to promote Economic Development · Identify target businesses including a bookstore, theater, big box and medium to high end restaurants Reorganized the Economic Development committee to provide better business representation and ensure all goals are met. · Identify specific contacts · Prepare contact letter · Prepare brochure for target businesses · Incorporate an Economic Development section on our website Vallco was purchased in June 2003 and the new owners constructed V ALLCO Fashion Park Redevelopment b. The new owners are beginning demolition of the lower level to reinforce the building structure to accommodate the planned theaters. The City Council approved a development agreement amendment on April 27, Cinema plans are expected to be submitted in the first quarter of 2005. tenant improvements for a 1,300- seat Dynasty restaurant and are working on plans for a 16 screen cmema. The applicant received use permit approval and will be submitting for final site and architectural approval in the Spring of 2005 Council approved a mixed use plan with 140,000 square feet of new retail and 204 residential units at the Rose Bowl site. Silicon Borland Software moved a significant valley office into the City Center. Major projects include an economic assessment of potential revenue generation possibilities. Add revenue enhancement incentive policy component of review for new development and means to supplement revenues for non-sales tax generating developments. c. & Work Program - February 8, 2005 Goals Cupertino Council Page 8 o£17 T. t -iJ City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Silicon Comments Borland Software moved a significant valley office into the City Center. Status The City should evaluate use of development agreements to implement in-lieu fees for non-sales tax producing uses. Goal Project The General Plan Circulation Element will evaluate transportation implications of new development. d. Evaluate transit/transportation implications of economic development strategy Staff held General Plan orientation meetings with PC, P&R, BPAC, Housing Committee, the business community and held a general community meeting. ~ May 3, 2002, Community Congress focused on the General Plan update. Plan General Plan Update General a. 9. In October 2004, the City Council endorsed the Task Force draft and associated documents as the public hearing draft. Community meetings are scheduled for Nov./Dec. 2004 and public hearings in the first half of 2005. ~ The Administrative Draft ofthe General Plan was completed and distributed for public review in the beginning of January 2003 ~ CC/PC study sessions held in February and March 2003 ~ Council appointed a 74 member GP Task Force that met from June-October 2003 ~ Task Force recommendations were presented to City Council in March 2004 ~ The Planning Commission held two community meetings in Nov/Dec 2004 and is started public hearings in Jan 2005 Goals & Work Program - February 8, 2005 Cupertino Counci Page 9 of 17 .:is. I ~ ç:) City Council Goals and Work Program 2005-2006 February 4, 200S - Items are not in priority order Comments Status Goal Project pending IS Garden Gate grant for $185,000 approval by Caltrans, Phase I bid awarded 9/17/04 Work to be completed Jan. '05 10. Public Safety Review traffic safety issues 1 Safe routes to school program High Schools 11/03) a. (Cupertino 05 Phase II project to be bid Jan. Spring 2005 Report Summer 2005 Bicycle Pedestrian Commission adopted "Street Smarts" program. Purchased basic materials for program. Commission approached City schools for common efforts on "Street Smarts." Anza Traffic signal McClellan and De Street Smarts Program 2. 3 Spring 2005 Traffic study underway in February. Report to Council April-May 2005. Kim Avenue traffic study - Removal of gate 4. Complete spring 2005 & Install pedestrian crossing at Alves Stelling 5 80 active Watch Groups representing 195 residential streets. Held 14 Neighborhood Watch meetings, 9 meetings were new groups to the program and 5 of them supported existing groups or revitalized inactive groups, Continue emphasis on Neighborhood Watch b & Work Program - February 8, 2005 Goals Cupertino Council Page 10 of 17 - -4:.. \ - City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Comments Status Goal Project Process of evaluating the program due to budget cuts. The Merchant Watch program has been established and currently has 6 shopping areas as members. Establish an eCap Merchant Watch Program c. To be considered by Public Safety Commission in March-April Red Light Education d. 639 residents trained in CERT. Increased fiom 4 to 5 CER T classes/yr. · Continue emphasis on Emergency Response (ER) and Preparedness 1. Continue expanding of the CERT program e. Aid. Over 590 residents trained in CPR and First 11 Conducted five first aid and CPR classes · III Enables community members to participate emergency planning. Total of Implemented a Disaster Council/Citizen Corps Council · 12 neighborhoods trained. Organized two new neighborhood CERT Speaker Postponed. Began developing bi-lingual Bureau. teams. Scheduled for Spring 2004 · · 2. Hold a Mandarin CERT information class to assess interest in a Mandarin CER T class Increases the CERT and disaster medical response. Established Medical Reserve Corp through Federal grant. · Developed a model ER program with Monta Vista High School students · ER Training Develop High School 3 Completed. 95% of City staff trained. 12/03 training; First staff Updated Emergency Plan Mandated SEMS Aid and CPR to · · 4. Ensure ER Training for City staff 8,2005 & Work Program - February Goals Cupertino Counci ofl7 11 Page ~ I ~ 9J City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order community aid Comments Provide communication services at events and established county-wide mutual plan for amateur radio. Status Conducts on-going EOC drills · Goal Amateur Radio Emergency Project Cupertino Services 5 Total of 189 students trained to date. Offer Kaleidoscope Program 3 times/year Project begins early 2003 · · 12th grade Offer ER skills to 6th to 6. On-going. school Meet monthly with local emergency planners and District officials · Develop City Evacuation Plan Ensure ER Training for schools 7. 8 School Resource Officers developing the program with the Cupertino Union School District. December 2004 is the target to complete the syllabus and start school staff training. Code Red is an emergency program for school staff and students to evacuate or shelter in place during emergencies, Develop and conduct Code Red Training for the school districts in Cupertino. 9. Suspended TL T and Leadership Cupertino due to budget constraints for FY 2004-05. Sheriff's Office in the process of evaluating the programs due to budget cuts. Ongoing expansion of volunteer programs with Leadership Cupertino, TLT, CERT and Neighborhood Watch. Sheriffs volunteer program in Cupertino has begun. Five volunteers work on the Neighborhood Watch program exclusively. E-mail system to Neighborhood Watch participants was activated and to date we have 1200 e-mail alert subscribers. 10. Expand Volunteer Program The Santa Clara County Housing Trust Home Ownership Assistance Program is applicable to The 2001 Housing Element increased the BMR requirement Affordable Housing Provide housing opportunities for Cupertino workers a. 11 8,2005 & Work Program - February Cupertino Council Goals Page 12 of 17 - -+:. I V City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Comments and other public service Cupertino teachers workers. Status from 10% to 15%, and identified sites for an additional housing units. Goal Project BMR manual was updated in November 2002 Rate Program criteria Review Below Market b. City has contracted with Neighborhood Housing Services of Silicon Valley to implement the teacher outreach program in December 2003. Teachers have not been able to qualify for housing in Cupertino. The Housing Commissiorr is considering if the area allowed for housing purchases should be expanded and will make recommendation to the City Council. a City Council appropriated $220,000 for a down payment assistance program for teachers in May 2003 Teacher housing assistance programs 1 Develop teacher housing assistance program (9/02) c. The Commission will likely recommend increasing housing fees for non-residential developments and residential developments that are too small (6 or fewer units) to require a BMR unit. The commission will also consider if commercial should be assessed a housing The Housing Commission is reviewing a nexus study for housing mitigation fees and will make a recommendation to the City Council in Spring 2005 Nexus Study for Housing Mitigation Fees d. mitigation fee. The site can accommodate 3-4 dwelling units Following the negotiations. The City will have a 90 day due diligence period to determine if the site is developable for affordable housing. On Feb. 1, 2005, the CC authorized staffto negotiate with Cal Trans to possibly purchase a y.. acre site on Cleo Avenue. Staff will negotiate price and finance options and discuss development options with non-profit housing developers, Cleo A venue Affordable Housing e. Goals & Work Program - February 8, 2005 Cupertino Counci Page 13 of 17 -C:. \ -L and Work Program 2005-2006 2005 -- Items are not in priority order City Council Goals February 4, Comments Status l Goal Project I Lot by lot Creston annexations are on-going when major remodeling of a home is proposed. 12. Annexation a. Creston 1 Annex individual contiguous parcels when redevelopment occurs The strategy will include strategies to encourage annexation of large hillside properties within the City's urban service area. See discussion under Parks section. On Feb. 1,2005, the CC authorized the staff to respond to proposed LAFCO policies and return with a comprehensive annexation strategy for the remaining unincorporated islands. b. Pursue annexation of the land under the San Tomas/Saratoga Creek Trail. c. Develop a comprehensive Annexation Strategy The DACA lease expires in 2006 Talks are underway. Center Building Strategy strategy for up grading 13. Sports Work with DACA on a the pool and bath house. a. - & Work Program - February 8,2005 Cupertino Council Goals Page 14 of 17 J:. \ - Û\ City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Status Goal Project Comments In January 2004, CPRD staff engaged with FUHSD staff to discuss potential joint program opportunities. These discussions were very enlightening and proved to be valuable, Following is a list of programs that the City and FUHSD became partners on during the Summer 2004. The total package of programs were 100% The Teacher Down Payment Assistance program has been The School Districts do not want to pursue a Senior/Teacher Matching approved. Partnerships Pursue partner opportunities with the three school districts including 1. Pool 2. Gym 3, Traffic 4. Teache and parking r housing 14. School a. cost recovery. Water Polo Instruction - 50 participants, hours per week, ages 12 to 17 program. The Public Safety Commission is working on improving traffic in the tri-schools neighborhood. 10 5 Youth Basketball Camps - 275 participants, camps, 25 hours per week, ages 7 to 12 The Safe Routes to Schools projects have proceeded with excellent cooperation between the City and Basketball League - 8 high school teams, 120 participants, 8 hours per week, ages 15 to 18 Monta Vista, Cupertino and Garden Gate. Open Gym - open to the public, 55 participants, 3 hours per week, ages 15 to adult When completed, we use the Cupertino field house as available. De Anza/City recycling program - the City gives De Anza used computers and De Anza refurbishes them. in FY 2004/05 Added second SRO School Resource Officers 5 Updated contract in FY 2003/04 Youth Probation Officer 6. & Work Program - February 8, 2005 Goals Cupertino Counci Page 15 of17 1:- I - B City Council Goals and Work Program 2005-2006 February 4, 2005 -- Items are not in priority order Goal Project Comments Weekly service to be phased in by daily route beginning with Monday route and continuing through May until all routes are completed. Status Contract with hauler approved by Council. Implementation March- April-May. 15. Other a. Weekly Recycling One lot sold for $1,200,000. Other two lots to be sold on market through a broker. Report and recommendations to Council in March for implementation prior to end of fiscal year. Recycling Day Community Shredding / Sale of Property b c. Completed 16. Internal Improvements Implement Access Cupertino to enhance customer service response times a. Completed Mayor Implement e-mail response policy for and Councilmembers b. Master calendar completed Notify Council of major events/activities including block parties c. Completed Completed Add time component to video streaming Consolidated CDBG and Human Service funding processes d. e. Completed Perform a review of the CCS housing allocation process f. Completed Reviewed City fees for planning, building and engineering to obtain full cost recover of services. g. Completed Contracted with a new animal service provider to save $70,000 annually and $500,000 one- h. 8,2005 & Work Program ~ February Goals Cupertino Council 160f17 Page - .t::. I - --1 City Council Goals and Work Program 2005-2006 February 4, 2005 - Items are not in priority order Comments Cupertino Council Goals & Work Program - February 8, 2005 Status Completed end of April Goal time shelter contributions Replaced the community outreach sergeant with a code enforcement officer saving $140,000 annually. Project I Completed Provide searchable Council and Planning agendas, minutes and packets, and other public documents on the Web page J Completed Completed Improve Commission appointment process Provide emergency response training (terrorism) k. I Completed Completed m, Implement more thorough employee evaluation forms and train all supervisory and management staff. n. Liaison with donors for commissioned sculptures for the new Library and Civic Center Plaza Completed Completed Improved A V capability and community access. West Valley Sheriffs Substation moved to o. Completed Cupertino Vallco provides outreach space for Emergency Services program in the mall p q. Completed Completed 777-CITY phone access Live receptionist instead of recorded message 7:30 a,m. to 5:30 p.m. Monday through Friday r. s. Completed Greatly increased notification including city- wide notification of major issues t. 17 of17 Page - -L \ - C><Q TV F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone, (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item No. / S Meeting Date: February 15,2005 SUBJECT AND ISSUE Accept the Comprehensive Annual Financial Report for 2003-04. BACKGROUND Weare pleased to inform you that our auditors, Maze and Associates have completed the audit for our Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2004. A draft of this report was discussed in detail with the City's Audit Committee, This is the second year the City's CAFR has been prepared in accordance to GASB Statement 34, Basic Financial Statements - and Management's Discussion and Analysis- for State and Local Governments. Therefore, year-to-year comparisons and analyses are provided which were not previously available on a government-wide basis. We have submitted this report to the Governmental Finance Officers Association for the Certificate of Achievement Award. RECOMMENDA nON Accept the Comprehensive Annual Financial Report for 2003-04 Submitted by: (7¡MK a .~ Carol A, Atwood Director of Administrative Services Jbi David W. Knapp City Manager Printed on Recycled Paper / 5""~ I f* Shirley Lum Kinoshita 20644 Nancy Ct. Cupertino, Ca 95014 Design Illustration February 3, 2005 rBJ IE ~ IE U W œ .~ UìJ FEe - 7 2005 /lj) (408)255-6559 Kimberly Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino CA 95014 CUPERTINO CITY CLERK Dear Kim, Increased time for family affairs has made it difficult to continue my obligations as a Fine Arts Commissioner for the City of Cupertino. I'm enclosing this letter of resignation to start as of March 1,2005. I have enjoyed the privilege my years of service and being part of the exciting service of promoting the arts in our community. Thank you for being such an integral and passionate part of the process. With best regards~", ß ¿ / k Shirley Lin Kinos'¡;fu¡......~J 20644 Nancy Ct. Cupertino CA 95014 (408) 255-6559 silk@svpal.org I ~-d- RESOLUTION NO. 02-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 8828 AND ESTABLISHING RULES GOVERNING RECRUITMENT, APPOINTMENT AND REAPPOINTMENT TO CITY ADVISORY BODIES WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 8828 and establishes the following rules governing recruitment, appointment and reappointment to City of Cupertino Advisory bodies, A. RECRUITMENT 1. Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice as follows: · The Cupertino Scene · The Cupertino Courier . The World Journal · The Cupertino City Channel · City Hall bulletin board · The City Clerk's Office · The Cupertino Library · The Cupertino Chamber of Commerce · Cupertino City Web site · Other organizations as appropriate with respect to the openings · All persons with applications on file for that particular commission 2. Two months before regular terms expire, the City Clerk's Office also mails the vacancy notice to the following individuals: · Students and graduates of Cupertino Emergency Response Training · Students or graduates of Leadership Cupertino · Neighborhood Block Leaders · Individuals who have signed up for notification at the Cupertino Town Hall meetings. (&-] Resolution No. 02-064 Page 2 3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970. Specifically, vacancy notices shall be posted for a minimum of 1 0 days, 4. Applications will be retained for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk's Office and ask that the application be reactivated. 6. An applicant may file for a maximum of two commissions at anyone application period. 7. A member of an advisory body, having completed two consecutive terms, must wait one year before being eligible to apply for the same commission or committee, 8. Application forms will be available in the City Clerk's Office and will be mailed upon request with information about the opening(s). Application forms will also be available on the City's Web site, 9. No application shall be accepted after the deadline. 10, When the final deadline has passed, the City Clerk's Office will mail applicants the date, time and location of the interviews along with sample questions to consider. 11. The City Clerk's Office will copy the applicants' written material for Council members. The written material will also be available for public review in the City Clerk's Office. 12. An applicant who is unable to attend the interview may submit a five-minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The videò will be made by City staff at the applicant's request upon the approval of the City Clerk. The City will fund these costs, B. INTERVIEWS AND APPOINTMENTS I, When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the ((g-L( Resolution No. 02-064 Page 3 interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk's Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2, The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 3. Interviews are informal and usually last 5-8 minutes. Council members are looking for: · Familiarity with the subject · Decision-making ability · Commitment to the position for which they have applied 4, Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes. 5. All appointees will be provided with a Certificate of Appointment. C. UNSCHEDULED VACANCIES AND ATTENDANCE 1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk, 3. A member shall be considered removed from an advisory body under the following conditions. · A member misses more than three consecutive meetings · A member misses 25% of the body's meetings in a calendar year 4. It is the responsibility of the body's staffliaison to notify the City Clerk of a member's attendance record to allow sufficient time to send a warning notice if the member has already missed two consecutive meetings, and to send a termination notice ifthe member has missed three consecutive meetings or 25% of the meetings in a calendar year. r& -5 Resolution No. 02-064 Page 4 5. A member who has been removed from an advisory body for inadequate attendance may request a waiver ofthis provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. D. GENERAL PROVISIONS 1, Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 2, All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or resolution goveming a particular advisory body, the provisions governing that advisory body shall prevail. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of April 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Richard Lowenthal City Clerk Mayor, City of Cupertino ((p-b ~..·~.-·I·. >~,' , .~, " 9J ;'=:6 CITY OF CUPEIQ1NO Parks and Recreation Department STAFF REPORT Agenda Item Number I í Agenda Date: February 15, 2005 ISSUE Selection of two Councilmembers to attend a meeting to discuss acquisition of County property adjacent to Lawrence Expressway for a park in the Rancho Rinconada area, BACKGROUND Pursuant to the City Council's Goals and Work Program, staff is scheduling a meeting with Santa Clara County officials to discuss the transfer of the Roads and Airports parcel on the Lawrence Expressway to the City for a neighborhood park for Rancho Rinconada. Staff is requesting that the Council select two of its members to attend the summit. The meeting will be scheduled for mid to late March if possible. RECOMMENDATION Select two Councilmembers to attend a meeting with County officials to discuss transferring the Roads and Airports parcel to the City of Cupertino for a neighborhood park for Rancho Rinconada. Respectfully submitted: /~~ fYY'r..- Therese Ambrosi Smith, Director Parks and Recreation Department WL David W. Knapp, City Manager g:\parks and recreation admin\parks\rinconada land transfer 021505.doc Printed on Recycled Paper 11-( ORDINANCE NO. 1958 DRAFT 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 CLOSED SESSION MEETING TIME THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: 1. Amendment Section 2.04.010 of the City's Ordinance Code is amended to read as follows: 2.04.010 Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes. On regular meeting days, the City Council shall begin any closed session items at six o'clockp,m. City Council meetings that fall on legal holidays shall automatically be moved to the following day. City Council meetings that fall on any Election Tuesday shall automatically be moved to the first Monday of the month. 2 Publication Clause 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. i t- ( Ordinance No. 1958 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 1st of February 2005, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 15th day ofPebruary 2005 by the following vote: Vote: Members of the Citv Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 lð~~