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CC 10-16-00 AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday, October 16, 2000 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation of a plaque from the Fremont Union High School District for the city's support of the National Association of Student Councils (NASC). POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff, or a member of the public, it is requested that items 2 through 8 be acted on simultaneously. 2. Minutes: September 18, regular meeting, the September 20 special meeting, and the October 2 regular meeting. 3. Accounts payable: September 29 and October 6, Resolutions Nos. 00-256 and 00-257 4. Payroll: September 29, Resolution No. 00-258 5. Fee waiver request: Authorize fee waiver for Cupertino Community Services for the Rotating Shelter Program Celebration Potlucks at the Quinlan Center October 22, 2000 and September 9, 2001. 6. Crossing Guard Services: Authorize execution of agreement with the County of Santa Clara for Adult Crossing Guard Services, Resolution No. 00-259. October 16, 2000 Page 2 Cupertino City Council & Cupertino Redevelopment Agency California Identification System: Authorizing execution of Amended and Restated Agreement to Provide Local Law Enforcement Agency Access to the California Identification System, Resolution No. 00-260. Agreement for housing assistance: Authorizing execution of an agreement for the purchase of an equity interest in the house and lot located at 10346 Scenic Boulevard by David Knapp, City Manager, Resolution No. 00-261. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS PLANNING APPLICATIONS o Stanley Wang (Pacific Rim Financial Corporation), applications 03-TM-00 and 31-EA- 00, tentative map to subdivide a .53 acre parcel into nine (9) lots (including one common lot) for a previously approved townhome development located at 10060 S. Stelling Road and 10051 Bianchi Way. A negative declaration is recommended and this item is recommended for approval. Actions to be taken: 1. Grant negative declaration 2. Approve applications per Planning Commission Resolution 6058, modify or deny. UNFINISHED BUSINESS NEW BUSINESS 10. Report on commission and committee terms expiring January 15, 2001; selection of application deadlines and interview dates. 11. Recommendation for 2000-01 Human Services Funding Program. 12. Report on parking prohibition recommendations for the west side of Mary Avenue during certain hours. First reading of Ordinance No. 1862, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.160 of the Cupertino Municipal Code Relating to the Establishment of Parking Prohibition During Certain Hours on the West Side of Mary Avenue." · Actions to be taken: If approved, conduct first reading of Ordinance No. 1862. October 16, 2000 Page 3 Cupertino City Council & Cupertino Redevelopment Agency ORDINANCES 13. Second readings and enactments: (a) Ordinance No. 1860, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28 of the Cupertino Municipal Code to Incorporate Eichler Development Regulations" (b) Ordinance No. 1861, "An Ordinance of the City Council of the City of Cupertino Approving a Change of zomg From R1-6 to RI-6e for Approximately 220 Properties Bordered by Bollinger Road, Tantau Avenue, Miller Avenue and Phil Lane as Described in Exhibit A and Exhibit B" STAFF REPORTS COUNCIL REPORTS Mayor Statton: Association of Bay Area Governments - Alternate Legislative Review Committee Silicon Valley Animal Control Authority - Alternate Sister City Committee - Toyokawa West Valley Mayors and City Managers 'Vice-Mayor James: Library Expansion Committee Cupertino Audit Committee Economic Development Team Environmental Review Committee - Alternate Leadership Cupertino Northwest Flood Control Zone Advisory Committee Santa Clara County Cities Association-Alternate Santa Clara County Emergency Preparedness Commission Senior Center Expansion Committee West Valley Mayors and City Managers - Alternate Councilmember Bumett: North Central Flood Control Zone Advisory Committee , ,. Public Dialog Liaison Santa Clara County Cities Association Representative, ABAG Board of Directors Santa Clara County Committee on Housing & Community Block Grant Program Santa Clara County Library District JPA Board of Directors - Alternate Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission Senior Center Expansion Committee October 16, 2000 Cupertino City Council & Cupertino Redevelopment Agency Page 4 Councilmember Chang: Association of Bay Area Governments Leadership Cupertino Legislative Review Committee Library Expansion Committee Public Dialog Liaison Santa Clara County Cities Association Santa Clara County Committee on Housing & Community Block Alternate Santa Clara County Emergency Preparedness Commission - Alternate Grant Program- Councilmember Lowenthal: Association of Bay Area Governments - Alternate Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Library District JPA Board of Directors Silicon Valley Animal Control Authority CLOSED SESSION ADJOURNMENT Adjourn to Friday, October 27, for a Community Congress to be held at DeAnza College from 4 p.m. to 7 p.m. The community Congress will continue on Saturday, October 28, from 9 a.m. to 4 p.m. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. mp 10/11/00 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, September 18, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Statton, and Council members Don Burnett, Michael Chang, and Richard Lowenthal. Council members absent: VicerMayor Sandra James. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Information Officer Donna Krey; Public Works Director Bert Viskovich, Recreation Supervisor Christine Hanel, Associate Planner Colin Jung, Code Enforcement Officer Alex Wykoff, and Deputy City Clerk Roberta Wolfe. WRITTEN COMMUNICATIONS - None CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Bill Bragg regarding Portal School. Bill Bragg, Superintendent of Cupertino Union School District, outlined a proposal regarding locating a fifth middle school at the Portal School site. He thanked the city for their ongoing support. He described the facilities that would be included such as two additional soccer fields, two softball fields, additional volleyball and basketball courts as well as another gymnasium. He said if they located the school at this site, it would need to extend into Wilson Park. He said at a minimum they need $20-22 million for this site as well as the renovation of Eaton. They are looking for partnerships. He showed an overhead of the proposal and said the school would hold 750 students. Mr. Bragg said they had also looked at the Collins site, as either is located where they need middle schools. One of the reasons that Portal emerged as the site for a middle school was that it has not been renovated as an elementary school and Collins has. He addressed concerns about the interface with the neighborhood and the park. September 18, 2000 Page 2 Council members agreed that this item would be on the agenda for the off-site Council meeting to be held the first or second week in October. Council member Lowenthal asked that as the school district prepares for that meeting, they consider policy changes to make the gyms available for local leagues. He said perhaps they could help the city find a place for a teen center and skate park Presentation of check to City of Cupertino by John Kolski for Cupertino Host Lions. Mr. Kolski was not present. Mayor Statton and council members presented a proclamation to retiring Public Works Director Bert Viskovich. POSTPONEMENTS - None. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Mr. Andy Wang, 10297 Cold Harbor Avenue, shared concerns about the idea of building a skateboard park at Wilson Park. He said the community meeting held last Wednesday was a good meeting, and it was fair to say that neighborhood members strongly and unanimously opposed the idea. He said the meeting was videotaped if those Council members who were not there wished to see it. He said if there were a big liability involved, the city would probably say no to the idea. There are a lot of concerns that would not go away even when there is no liability to the city. He urged them not to spend public money on building a skateboard park on public land and to let the private sector do it. Mr. Robert Kirby, 915 Ferngrove Drive, said the Fairgrove neighborhood was a group of 220 Eichler homes located at the eastern edge of Cupertino. He talked about the background and history of Eichler homes. He showed overheads of street views and some of the other characteristics of the Eiehler houses. CONSENT CALENDAR Burner moved to adopt the Consent Calendar. Chang seconded and the motion carried 4-0. Minutes: September 5, 2000, regular adjourned meeting. 4. Accounts payable: September 1 and September 8, Resolutions 00-236 and 00-237 5. Payroll: September 1, Resolution 00-238. September 18, 2000 Page 3 o Treasurer's Budget Report - July 2000. Optimist Club's request a $60.00 fee waiver for November 9, 2000, event at the Quinlan Center. Acceptance of street improvements (documentation not required): · Behzad Askarinam, 10645 Felton Way, APN 359-18-019 · Wei Jao & Jien Meei Chyu, 10423 Byme Ave., APN 357-12-034 · Kelvin & Martha Kang, Trustees, 21900 Lomita Ave., APN 357-14-003 · KC&J Investments, LLC, 21720 Alcazar Avenue, APN 357-19-013 · Optimum Investments LLC, 21870 Lomita, APN 357-14-004 · Diana Wong, Trustee ofCIW Wong, 10067 Bianchi Way, APN 359-07-009 Change order no. 6 for $24,684.08 for the Cupertino Senior Center Expansion, Project 99-9210, Resolution No. 00-239. 10. Authorization to execute agreement with APAC Technologies for Red Light Running Photo Enforcement Systems Program, Resolution No. 00-240. Vote Members of the City Council AYES: BurneR, Chang, Lowenthal, Statton NOES: None ABSENT: James ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR- None. PUBLIC HEARINGS 11. Public nuisance abatement: Public hearing to consider abating a public nuisance (overgrown foliage obstructing the sidewalk, inoperable automobile, automobile parts, litter and trash in front yard and driveway) at 7535 Normandy Way (APN 366-11-151, William and Elena Kettler, property owners), Resolution No. 00-241. Code Enforcement Officer Wykoff introduced the item and a video roll-in was presented. He said the homeowner had taken care of some of the items and said he would complete the others. He noted that he had been injured in an automobile accident. City Attorney Kilian described the process following adoption of the resolution before the Council. Council members agreed that the homeowner had shown his intent to abate the nuisance. Chang moved to adopt Resolution No. 00-241. Bumett seconded and the motion passed 4-0. September 18, 2000 Page 4 PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS 12. De Anza Cupertino Aquatics (DACA) Lease: Request fi.om staff to re-negotiate a lease with DACA for the use of the Sports Center pool. Current lease with DACA expires March 31, 2001. Recreation Supervisor Hanel presented the staff report. She noted that DACA had made facility improvements during the term of their lease. Burnett moved to direct staff to re-negotiate the lease with DACA for the Sports Center pool. Lowenthal seconded and the motion passed 4-0. 13. Stevens Creek Boulevard Bicycle Lane Ordinances: Public Works Director Viskovich outlined staff's recommendations. (a) First reading of Ordinance No. 1856: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code, Relating to the Designation of Bicycle Lanes, Stevens Creek Boulevard fi.om the East City Limit to the West City Limit." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the first reading thereof. Chang seconded and the motion passed 4-0. (b) First reading of Ordinance No. 1857: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150, Relating to Parking Prohibition and Section 11.24.170, Relating to Parking Limitation On Certain Streets, Stevens Creek Boulevard fi.om the East City Limits to the West City Limits." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the first reading thereof. Chang seconded and the motion passed 4-0. Mayor Statton directed staff to write a letter to Citizens Air Watch. 14. First reading of Ordinance No. 1858: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Stop Required at Certain Intersections." September 18, 2000 Page 5 15. 16. Viskovich presented the staff report. Following discussion, Council took no action on the ordinance and directed staff to use alternative methods including cones and rolling stop signs. First reading of Ordinance 1859, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24 of the Cupertino Municipal Code, Section 11.24.150, Relating to Parking Prohibition for Trucks Over 5 Tons." Viskovich presented the staff report and said this restriction would discourage trackers from coming to the quarry too early and reduce the noise in the neighborhood. The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the first reading thereof. Lowenthal seconded and the motion passed 4-0. Cupertino City Center Hotel Project: Request from Kimpton Hotel and Restaurant Group for partial Transient Occupancy Tax (TOT) refund for the Cupertino City Center Hotel Project. Mr. Jim Whelan, Chief Development Officer of the Kimpton Group, described how far along they have come in the design of the project. He showed material boards for the restaurant and talked about the quality and variety of the food. He said they had increased their initial investment and underwriting plans for the project significantly. They want to continue at a high level. For various reasons, construction costs are $4.6 million more than they were originally. That led them to come to the city for assistance to underwrite the asset. He apologized for not giving staff enough time. He said one critical factor is that they want to start construction in April. He described significant elements of the cost of this development not encountered in other developments of its scope, including the size of the meeting and conference space. Mr. Whelan outlined the terms of the rebate, noting that during the first 30 months a portion of the TOT they collect above a base amount would be rebated to them. Over time, their performance in the asset is evaluated and if they have exceeded their goals they would return the funds to the city with a bonus. If they do not earn the base amount there would be no partial refund. In addition, he said perhaps they could make the conference space available a number of times a year for city use at no cost. He said they would be delighted to pay the funds back with a bonus. Statton said he thought Prometheus needed to be a party to this discussion. Kilian noted that Cupertino is a general law city. Section 16, Subsection 6 of the State Constitution says that the tate legislature is prohibited from authorizing any public entity to pay a gift of public funds as later defined. Charter cities do not September 18, 2000 Page 6 derive their power from the legislature and therefore they do not have that rule of law applied to them, although many charter cities have a prohibition of gilts of public funds in their charter. He said the agencies referred to in Kimpton's letter as giving public money in either a subsidy, a loan, a write down, or other method were either charter cities or redevelopment agencies where that is possible. However, it was his conclusion that a direct subsidy or payment, whether it is from existing funds or from future funds for this purpose would be viewed by a court as a gift of public funds. He outlined some ways to accomplish the same purpose and avoid that. The only negative that was seen to that was the fact that it would be seen as a precedent. He said if they wish to consider whether they should grant any kind of relief in return for something that would be a benefit to the city, they can let staff work out the arrangement that would be best. If the city could derive some sort of benefit out of the use of the conference facilities that would be specific and of true benefit to the city he could recommend that on a legal basis. However, he said there may be policy reasons why that should not be done. Burnett said it was his belief is that it was the developer's job to bring a project to the city that is financially viable in the existing market place as presented to us. He thought it was more appropriate for them to bring the price down to the budget. He said the other involved group, Prometheus, did not ask for a subsidy, and another hotel had been built without a subsidy. He said he found it hard to imagine getting $800,000 benefit out of a convention facility. It sets a terrible precedent. He said he did not think it was necessary, and could see no justification. Lowenthal said he would have liked this discussion to have happened earlier and he did not like precedent setting. He said if the city asked the developer to get down to budget he would. This was not a deal that was based on the city's return of TOT and sales tax. He said the city doesn't want him to get down to budget because they would lose that aspect of the project that makes it other than a TOT and sales tax deal. What they would get is a mn-of-the-mill hotel and that would not need the TOT refund. He thought this was a quality project. He noted that the applicant did come in earlier with some lower cost material and we said no, go to the higher cost materials. Second, he said we pushed hard for meeting rooms which are the difference between a project that will work with the city's help and won't without. He said the developer has done everything on a long list of what council wanted them to do, other than this issue. He said they have come a long way and he thought it might be a once-in-a-lifetime'chance to have a high quality hotel in Cupertino. He said we also need the restaurant. In addition, if we don't do this and the developer goes away, we will see the lot empty for another few years. He said it would cost the city $1.25 million in TOT if there is a two year delay. Finally, he said he would ask staff to go back and work out something with the applicant that is a benefit to the city so that it is justifiable to spend that money. He said the project is of value as a community amenity. September 18, 2000 Page 7 Chang had the following concerns: 1. He was troubled by this coming in this late. He felt it was a good project that has a real benefit to the city. 2. There are the issues about gifts of public funds, 3. Prometheus needed to be fitted into the picture. He thought it was important to give the project a full chance of success. He said there should be a benefit for the extra consideration, and he wanted staff to explore on that basis. Statton said Mr. Whelan had raised this issue early in the process. He said he believed that the community would like to have a high quality hotel, and the hotel being proposed is exactly the kind of property they have desired for a long time. He said he was troubled by Prometheus' lack of attendance tonight and lack of participation in this process. His understanding of the history of the civic center area is that it is overbuilt in terms of the amount of density the city has allowed on the parcel. In his mind, the hotel and apartment complex were linked. He asked that council make a clear statement of policy that they will not allow one without the other. Bumett and Chang stated they had supported the project specifically based on the linkage. Lowenthal recalled that there was discussion during the approval that linked the projects. Kilian explained that they were concerned about the phasing of construction, and there is a provision in the use permit that says if work is not commenced on the hotel within a certain time there is a forfeiture of $1 million. He said apparently Prometheus views that as their only responsibility. He said it is our position that this was a project granted as an exception to our general plan, and therefore if one part of the exception did not go forward it is our feeling that the entire exception is at risk. If necessary we would adopt moratorium to stop that type of construction in that area. He advised council to let staff handle communications with Prometheus regarding the intention of the council. Statton said in terms of the overall importance of the hotel to the city's financial health, we need the TOT now and in the foreseeable future. He agreed with Lowenthal that by pushing the hotel into the future, the city is foregoing a large amount of TOT now. Whelan said they are paying Prometheus $2.6 million which includes $800,000 for the land and the remainder for infrastructure including parking stalls, the swimming pool, the amphitheater, and driveways. Statton said he would agree to some sort of rebate of TOT and he thought it was in Prometheus' interest to make this happen. He would like the three parties to sit down and make this work. Bumett said luxury hotels are built all over the world without subsidies, and they charge extra money for the luxury and people are glad to pay it. He said he September 18, 2000 Page 8 17. thought that was how this should work. Lowenthal said they need staff to try to find an answer that works for everyone. Chang said he was in favor of asking staff to get into a dialog. In terms of looking at the big picture, the thought Statton's approach regarding benefit for consideration represented his view. By a straw vote of 3-1 (Bumett voting no) council agreed to the concept of some form of subsidy in return for a specific benefit to the community (Bumett no). They further directed staff to meet with Kimpton and Prometheus and return to Council on October 2. Mr. Whelan said before the matter came to Council in June, he met with the city manager and commented on ways a TOT partial rebate could work. He said he stated at the meeting in June that they could not afford to build the project that was being approved and that they might need to come back. He said they need to make a larger investment to get a larger revenue stream including TOT, and right now they can't make that investment. He said there would be significantly more TOT revenues collected as a result of the investment, a multiple of the amount that they were asking for refund. Lowenthal referred to a letter in the packet indicating there had been a discussion on this matter with Don Brown in June. Chang added that if.the applicant feels that the way to make this project work better is to increase the investment and hence the returns in terms of TOT, he would like to have the city and maybe a consultant take a look at that. Staff was directed to return on October 2 with the information requested. Grant permission to apply to the California Housing Finance Agency (CHFA) for a 10 year, 3 percent loan under their HELP Program in order to pursue an additional funding option for the Cupertino Community Services Affordable Housing Project, Resolution 00-242. City Manager Knapp outlined the staff report, stating there was no guarantee they would go forward with this approach, but they needed to take action at this meeting to preserve the possibility in case they do. Lowenthal clarified that council will have an oppommity to vote on city participation in the loan. Bumett moved to adopt Resolution 00-242. Chang seconded and the motion passed 4-0. September 18, 2000 Page 9 ORDINANCES 18. Second reading and enactment of Ordinance No. 1854, "An Ordinance of the City Council of the City of Cupertino Adding Chapter 10.80 to the City's Municipal Ordinance Code Prohibiting Soliciting on Designated Public Rights-of-Way." The Deputy City Clerk read the title of the ordinance. Burner moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the second reading thereof. Lowenthal seconded and the motion passed 4-0. Burnett moved to enact Ordinance No. 1854. Lowenthal seconded and the motion passed 4-0. 19. Second reading and enactment of ordinance No. 1855, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.030, All Directional Vehicular Stop Required at Certain Intersections, to Include North Portal Avenue at the Intersection with Wheaton Drive." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the second reading thereof. Lowenthal seconded and the motion passed 4-0. Bumett moved to enact Ordinance No. 1855. Lowenthal seconded and the motion passed 4-0. STAFF REPORTS 20. Status report on sidewalk at 19160 Stevens Creek Boulevard. Public Works Director Viskovich presented the report, stating that the city would install the sidewalk. 21. Status report on Library project. Public Works Director Viskovich presented the report and suggested possible strategies. Viskovich informed council that there would be a bid opening regarding a grant for Homestead Road bicycle lanes the next day, and the grant must be awarded -by the city council by the end of the month. As no other council meetings were scheduled prior to that deadline, he requested that they meet to award the contract. By consensus, council set the meeting for Wednesday, September 20 at 3:30 p.m. COUNCIL REPORTS September 18, 2000 Page 10 Mayor Statton announced that this would be Viskovich's last regular city council meeting before his retirement. Staff and council members talked about their relationship with him during his career at Cupertino. Viskovich thanked those he had worked with over the years and responded to the comments. Burnett reported regarding the sports center committee. Recreation Supervisor Don McCarthy has made arrangements for the architect on the senior center to examine it, then staff will look at alternatives. These might include refurbishing the existing building; tearing it down and building another, smaller multi-use facility; and rebuilding as a tennis-only facility. Lowenthal reported on the skate park committee meeting, and said the kind of feedback they got fi.om the neighbors is very valuable. He encouraged people to speak out. City Manager Knapp said the meeting was attended by 70 neighbors, 20 people fi.om the committee, and staff. Chang attended the Cities Association meeting and said members were concerned about Guideline 2000 which has to do with alcohol and substance abuse rehabilitation houses in communities. He asked the city manager to take a look into that issue and provide background information. Lowenthal said Lucille Wu took on the Moon Festival about a year ago and did a great job. He said they have made enormous strides to make the festival a cross cultural event. Statton noted that a delegation fi.om Tsinchu City had visited Cupertino. Gifts for council members were at their places. He congratulated those involved in the Moon Festival and announced that the fourth annual Iranian Arts and Cultural event would take place on October 8. CLOSED SESSION - None. ADJOURNMENT At 9:00 p.m. the meeting was adjourned. Roberta Wolfe Deputy City Clerk DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Wednesday, September 20, 2000 CALL TO ORDER At 3:30 p.m. Acting Mayor Bumett called the meeting to order in Conference Room A. ROLL CALL City Council members present: Council members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: Vice-Mayor Sandra James and Mayor John Statton. Staff present: City Manager David Knapp, Director of Public Works Bert Viskovich, and Deputy City Clerk Roberta Wolfe. ORAL COMMUNICATIONS - None. NEW BUSINESS 1. Review of bids and award of contract for Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade Project (City Project) 9527; Federal-Aid Project No. STPLHG- 5318(008); and Homestead Road Arterial Management Project Phase II (City Project 9530). Public Works Director Viskovich reviewed the staff recommendation, noting that the low bid was well below the engineer's estimate for the project. Lowenthal moved to award the project to Republic Electric in the amount of $39,350 with a 10% contingency, for a total of $43,285. Chang seconded and the motion carried 3-0. 2. Support for Measure A, extension of sales tax for transportation purposes, Resolution No. 00-243. Chang moved to adopt Resolution No. 00-243. Lowenthal seconded and the motion carried 3-0. ADJOURNMENT At 3:35 p.m., the meeting was adjourned. Deputy City Clerk DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, October 2, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council members Don BurneR, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Information Officer Donna Krey; Acting Public Works Director Lavenia Millar, Planner I Peter Gilli, and Deputy City Clerk Roberta Wolfe. WRITTEN COMMUNICATIONS CEREMONIAL MATTERS - PRESENTATIONS 1. Introduction of Ralph Quails, Public Works Director. City Manager David Knapp introduced Ralph Quails who will start work October 16 as the new Public Works Director. Mr. Qualls, a 15-year resident of Cupertino, comes fi.om the City of San Jose where he served as Public Works Director. Presentation of "2000 California Crime Prevention Public Agency of the Year Award" to Santa Clara County Sheriff's Department honoring Sgt. Nick Perusina and Deputy Noah Brommeland for development of school information software. Capt. Jeff Miles introduced Sgt. Perusina and Deputy Brommeland who demonstrated the software. The program deals with the development of tactical site surveys of all the schools in their jurisdiction, and includes personnel information, alarm company information, aerial photographs, maps, photographs, and other information that could be used during a critical incident. Mayor Statton presented the two officers with a certificate and award. POSTPONEMENTS - None. October 2, 2000 Page 2 WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Gordon Frolich, 1202 Bellmap Court, said he lives in the Regnart School area and thanked the department of public works for the sidewalk replacement being done in the area. Sharen Guerra, 10858 E. Estates Drive, said she had been working with Bumett on the Flood Control Advisory Committee and had formed an interagency task force so the neighbors can stay involved in the process. She said she would like to rejuvenate that committee. They had found money to build the culvert and the bridge. That project is scheduled to start in the spring. There is confusion about who is doing the environmental review, and in order to keep the process going, she suggested that someone from the county coordinate the project. Staff will meet with Ms. Guerra to answer questions. (Note: Ms. Guerra actually spoke later in the meeting following the conclusion of Item 12.) CONSENT CALENDAR Carol Baker, a member of the audience, removed Item 6 from the Consent Calendar. Lowenthal moved to approve the consent calendar, Items 3-11, with the exception of Item 6. James seconded and the motion passed 5-0. o Accounts payable: September 15 and September 22, Resolutions 00-244 and 00- 245. 4. Payroll: September 15, Resolution 00-246. o Reorganizations: (a) "San Femando Avenue 00-09" - Setting date for consideration of reorganization of property located on the north side of San Femando Avenue between Byme Avenue and Orange Avenue; approximately. 1704 acre, Gu and Zhang (APN 357-15-046), Resolution No. 00-247 (b) "Orange Avenue 00-10" - Setting date for consideration of reorganization of property located on the east side of Orange Avenue between Alcazar Avenue and Noonan Court; approximately .22 acre, Ma and Peng (APN 357-19-005), Resolution 00-248 Acceptance of street improvements: 21621 Stevens Creek Boulevard, APN 326- 25-014, Nelson Chao. (Documentation not required.) October 2, 2000 Page 3 Approve contract change order No. 1, Slurry Seal, Project 2000-102, Resolution 00-250. Acceptance of city project performed under contract: Slurry Seal Project 2000- 102 (Documentation not required). 10. Public nuisance abatement: Set public hearing to consider abating a public nuisance (overgrown weeds creating a fire hazard, and a large accumulation of garbage and refuse discarded on the property) at 10200 Stem Avenue (APN 375- 12-002, Patrick McGrath, property owner), Resolution 00-251. 11. Treasurer's Budget Report - August 2000. Vote Members of the City Council AYES: Bumett, Chang, Lowenthal, Statton NOES: None ABSENT: James ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Approve the destruction of Parks and Recreation and City Clerk records, Resolution 00-249. Carol Baker asked that the Parks and Recreation records listed for destruction on the resolution be retained if they included information about the architect's statement about drainage at Wilson Park, supervision at Wilson Park, the building at the park that was supposed to be a community building and is now used as a storeroom for maintenance, and the play structures that were removed and not replaced. Deputy City Clerk Wolfe explained that the records listed did not include those Ms. Baker mentioned and were being destroyed in accordance with the city's records retention plan. James moved to adopt Resolution No. 00-249 and to direct staff to review the listed files to make sure none of the ones Ms. Baker mentioned were included. Bumett seconded and the motion passed 5-0. PUBLIC HEARINGS 12. Fairgrove Neighborhood - Applications 3-Z-00 and 6-EA-00, rezoning from R1-6 zone to R1-6e zone for the purpose of architectural control of Eichler homes; and amending Chapter 19.28 of the Cupertino Municipal Code to add design standards for Eichler styled homes. The project is located in the Fairgrove Neighborhood, generally bounded by Miller Avenue, Phil Lane, Tantau Avenue, and Bollinger Road (Al>Ns 375-38-001 through 375-38-055; 375-39-001 through 374-39-060; October 2, 2000 Page 4 375-40-001 through 375-40-037; 375-41-001 through 375-41-005; 375-41-018 through 375-41-034; and 375-42-001 through 375-42-052). A Negative Declaration is recommended, and this item is recommended for approval. (a) First reading of Ordinance 1860, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28 of the Cupertino Municipal Code to Incorporate Eichler Development Regulations." (b) First reading of Ordinance 1861, "An ordinance of the City Council of the City of Cupertino Approving a Change of Zoning fi.om R1-6 to R1-6e for Approximately 220 Properties Bordered by Bollinger Road, Tantau Avenue, Miller Avenue, and Phil Lane as Described in Exhibits A and B." (Three-month continuance requested by Fairgrove Neighborhood Freedom Committee.) Bumett left the dais and abstained from the council discussion and action. Following a video roll in, Community Development Director Piasecki outlined the standards in Section 19.28.100.B of ordinance 1860. He reviewed the proposed standards and introduced an added No. 7 regulating the height of exterior walls. He noted that there is a provision allowing for exceptions to the standards. He talked about the request for continuance and suggested they proceed with the ordinance but indicate that staff is willing to meet with those who don't understand it. If anyone wants to bring back substantial evidence or concerns that have not been considered, council could always reopen the ordinance. Arlene Strasilla, 902 Brookgrove Lane, said she had watched the last Planning Commission meeting on video tape. At that meeting, a woman talked about how this had suddenly came to her attention. She said there had been lots of opportunity during the last four years for people to fred out and provide input. She said there have been a lot of newcomers and they do not understand what Eichler architecture is. She talked about Eichler's innovations. She said she would suggest even stronger language than that proposed. She thought they should be on the National Register of Preservation because they are a unique neighborhood and it is a unique style. Udo Strasilla, 902 Brookgrove Lane, said they came fi.om Boston 25 years ago and bought an Eichler. He described returning fi:om vacation to find a two story house with decks and floor-to-ceiling windows overlooking his back yard. He said there needs to be regulation. Gary Virshup, Stendhal Lane, said he was drawn by the design and uniqueness of the Eichlers. He was concerned when he saw large houses being built in Rancho Rinconada. He did not believe the earlier privacy measures would equate to October 2, 2000 Page 5 Eichler houses. He was in support of the ordinance even though it was pared down. Mary Kirby, 915 Femgrove Drive, member of the Eichler Integrity Committee, said she hoped council would approve the ordinance. She talked about efforts to get the neighborhood involved. She was concerned that if restrictions are not in place soon, they will be seeing lot of change in the neighborhood. She said they chose this neighborhood because of the Eichler homes. Steven Wolgast, 747 Stendhal Lane, said he was originally uncomfortable with restrictions but was more comfortable with the current proposal. In his opinion, there was something in it for everyone. He did not think the enhanced privacy restrictions were too burdensome and said people could still basically build the same size house. He felt this was a good opportunity for those who want to remodel or enlarge a house and still maintain neighborhood character. Anil Deora, 672 Stendhal Lane, was opposed to the restriction, and referred to a letter that he had sent to the council. He showed an Eichler brochure with a picture of an Eichler with a roof that he said would not conform with the proposed guidelines. He said weather conditions have changed, and some materials may not be available in a few years. He said the standards of the ordinance do not address privacy which seems to be the concern of a lot of the speakers. He questioned the interpretation of the ordinance and said he hoped council would reject it or give them more time. Helmut Jaki, 874 Brookgrove Lane, said he was intrigued by the design and lines of Eichler homes. However, he believed the existing R1 ordinance, through a comprehensive design review process, adequately safeguards against intrusion of so-called monster homes and designs which are incompatible with the general neighborhood. He said everyone has a right to privacy and this is not unique to those who live in Eichlers. He pointed out a portion of the questionnaire that he thought was misleading and asked if we need more rules and regulations. He requested denial of the proposed amendment. Don Bumett, 729 Stendhal Lane, summarized the process. He said there had been lot of work and compromise which would work for the benefit of everyone in the neighborhood. He pointed out that the same rules apply regarding floor area ratios, and there are no tight material restrictions. He described how he had been able to keep his house comfortable without mechanical air conditioning during the recent hot weather. He said privacy is important and suggested modifying the wall height limitation to only apply to side walls. He said there are other Eichlers that are different from those in this neighborhood; these rules are designed for this neighborhood. Marcia Ludwig, 6247 Shadygrove Drive, said she had lived in her Eiehler for 30 years. She chose to live here because she had seen Eichlers and wanted to live in October 2, 2000 Page 6 one. She had been fairly involved in the process. She said if people had not known what was going on she was afraid they might have signed the petition because they were frightened by misrepresentations in the petition. She urged support of the ordinance. Deborah Donde, 733 Stendhal Lane, said she was representing 44 other families in the neighborhood who are opposed. She passed a petition to council. She said the signers feel disenfranchised. Their main opposition is the totally unacceptable idea of a small group having control of their property rights and that the survey did not indicate that mandatory measures would take place in the future. She said she had collected signatures in the past week and had covered about 40 percent of the neighborhood, approximately 85 homes. Of those, 45 signed the petition opposing the ordinance (53 percent); 33 households favored the rezoning (39 percent); six homes (6 percent) were rentals and they did not vote; and one house was for sale (1 percent). She felt that if they had more time, those who opposed the rezoning would remain in the majority. She requested that the council vote against the rezoning or grant them more time to survey the remainder of the neighborhood. She asked that they remember that the purpose of government is not to impose laws which go counter to the majority of the populace or are only to the interest of a vocal minority. She said the rezoning process has divided the residents. Ark Donde, 733 Stendhal Lane, said it seemed that everyone agreed that they like Eichler houses. The point was freedom to do what he wanted with his property without infringing on others. He said he would like the definition of "monster house" and.asked council to reject the proposal on the basis that there are plenty of laws and regulations. Claudia Falk, 884 Femgrove Drive, said she lived in an Eichler in Sunnyvale before moving to the Fairgrove neighborhood. She was in favor of the ordinance. Regarding the loss of property rights, she said when you live in a community you have to give up some fights. She said she was in favor of the restrictions and felt they would still allow people to make changes without affecting others' rights. Theodore Lavine, 706 Stenclhal Lane, said he owned a wedge-shaped property. He expressed support for the ordinance. He said the existing R1 ordinance does involve giving up freedom in exchange for the benefits of community and protecting your homes. He said Eichlers do need more privacy protection because of the extensive glass areas. He said he had modified his home and kept the renovation looking like the original. He asked that council deal with the ordinance at this meeting because as time goes by the neighborhood is in peril. Nancy Bumett, 729 Stendhal Lane, said the ordinance is a four-year compromise. She described the process which included numerous meeting. She talked about the restrictions that were dropped including siding on garage doors to match the house, plain simple front doors, color limitations, hip roof prohibition, increased October 2, 2000 Page 7 rear setback requirements for second stories, and window design specifications. She said privacy is the main issue. The present R1 ordinance deals only with foliage control, and Eichlers needs more protection because there is more glass. Piasecki said the survey in June was sent back to the city. It had been sent out to the residents in Fairgrove with a letter explaining the different options being considered and that this would potentially be put into an ordinance. He said that in addition to the privacy requirements in the R1 ordinance which primarily talks about alignment of windows for privacy protection, there would be the added window requirements for louvers, obscure glass, or a minimum sill height of five feet. By consensus, council members agreed that there had been many oppommities for people to become aware of and involved in the process, and that the neighborhood deserved protection because it was unique and distinctive because of its architecture. Staff will meet with those who still have concerns about the ordinance, address those concerns, and bring them back to council if necessary. Lowenthal moved to grant a negative declaration. James seconded and the motion passed 5-0. Lowenthal moved to approve an amendment to the Cupertino Municipal Code per Planning Commission Resolution 6056, with the ordinance amended to add No. 7 under Section 19.28.100.B to read, "Exterior walls located adjacent to side yards shall not exceed nine feet in height measured from the top of the floor to the top of the wall plate." Chang seconded and the motion passed 5-0. The Deputy City Clerk read Ordinance 1860 by title. Lowenthal moved to read the ordinance by title only and the Deputy City Clerk's reading to constitute the first reading thereof. James seconded and the motion passed 5-0. The Deputy City Clerk read Ordinance 1861 by title. Lowenthal moved to read the ordinance by title only and the Deputy City Clerk's reading to constitute the first reading thereof. James seconded and the motion passed 5-0. Bumett returned to the dais. There was a recess fi'om 8:16-8:25 p.m. (Note: Sharen Guerra spoke here regarding Calabazas Creek. See under Oral Communications.) October 2, 2000 Page 13. Pinn Brothers, applications 13-U-00, 7-EXC-00, and 15-EA-00, request for a use permit to demolish a 19,105 square foot shopping center and construct a mixed- use development consisting of 5,355 square feet of retail, 5,949 square feet of office, and 46 condominium/townhome units; and an exception to the Heart of the City Specific Plan allowing a 15 foot side setback where a 20 foot setback is required. The project is located at 19979-19999 Stevens Creek Boulevard (APN 316-21-029). A Negative Declaration is recommended and this item is recommended for approval. Peter Gilli introduced the item. He said the Planning Commission favored a higher parking standard than the one used by staff during the review of the project. After research regarding parking requirements in neighboring cities and similar projects, staff continued to believe that the proposed on-site parking coupled with the proposed on-street parking is sufficient to serve the development. He said staff's recommendation now included an amendment of condition 12 of Planning Commission Resolution 6053 to require a shared parking agreement if parking becomes a problem in the future instead of requiring it at this time. Lowenthal was concerned about negotiating for a reciprocal parking agreement later. Piasecki said the wording could be changed to say that they would develop a parking management plan that would ensure that the parking works within the available parking. This might include restrictions on uses. Gilli said the fact that the retail component will require parking in the evening is accounted for the in the recommendation. He showed a chart depicting parking demand for weekdays. Piasecki said this parking proposal is fairly conservative and staff is comfortable with it. Council could apply a condition stating that if it does not work, the parking management plan would be revisited. Greg Pinn, Pinn Brothers, talked about parking and noted that the office and retail use is primarily daytime. He said these will be affordable units. Jim Yee, Dahlen Group, showed the site as it is currently. He showed a site plan including pedestrian circulation, access and egress, landscaped courtyards, individual front yards with low fences, and talked about the common room for residents. The presentation also showed detail of walkways including fountains and benches, central courtyards, second level terraces including Internet access, and third level sun texTaees. He showed elevations of the condominiums and office and the elevation facing Wheaton which was reduced to two stories. He said they would consider using interlocking pavers for the inner courtyard. He pointed out that the setbacks on Stevens Creek Boulevard were 35 feet to the curb and on Blaney, 23 feet. Gilli noted that the landscaping showed was conceptual and that the final detail of the plan would go to the design review committee. He pointed out conditions of October 2, 2000 Page 9 approval that addressed a construction management plan. He said Blaney is wide enough to allow for on-street parking on one side. Mr. Yee said signage will be on the buildings. John Callahan, 19954 Wheaton Drive, complimented Pinn Brothers. He expressed concerns about traffic. Felicia Thompson, 19964 Wheaton Drive, thanked Pinn Bros. and said she supported the project. She said parking was her only concern. Piasecki addressed traffic concerns, stating that the city has been requiring reciprocal ingress/egress agreements between property owners to minimize the necessity for getting back out into the public street system to move bom one site to another. He pointed out that there was ample access to the office development to the east. He said staff thought the applicant had done a good job of integrating with the neighbor to east and providing the most possible options to get people out to Stevens Creek Boulevard. Mr. Pinn spoke to the parking issue, noting that they are in negotiations with the owner of the office building next door. He could see no problem with them agreeing to reciprocal ingress and egress. He said the homeowners association would be working on parking. Pinn Bros. will own and operate the center. Council members expressed approval of elements of the project including the application process, the mix of commercial retail and housing and the transit oriented design. They asked that staff make sure there is a plan for the traffic and parking, especially around the school, and that there is adequate landscaping. Gilli noted that there were 25 bike parking spaces in the garage. He also recommended that condition 12 of Resolution 6053 be deleted, because condition 6 addressed the parking management plan. James moved to grant a negative declaration. Bumett seconded and the motion passed 5-0. James moved to approve Application 13-U-00 per Planning Commission Resolution 6053 amended to delete condition 12 and add section d to condition 22 stating that non-impervious surfaces be used to the maximum extent- possible in the landscaping and paving. Chang seconded and the motion passed 5-0. James moved to approve Application 7-EXC-00 per Planning Commission Resolution 6054. Bumett seconded and the motion passed 5-0. Statton moved the agenda to Item 17. c~ .~2O October 2, 2000 Page 10 17. Review of guidelines for Sister/Friendship CitY partnerships. Public Information Officer Krey reviewed the report. Lucille Honig, 20745 Scofield Drive, President of the Toyokawa Sister City Committee, thanked staff for preparing the guidelines. She said it takes dedication to do this. She was proud that they have raised money through the Cherry Blossom Festival. She said they work closely with the school district, the Parks and Recreation and Public Works Departments, and Donna Krey. Council members thanked the committee and staff. James said she had attended two sister citY functions recently. A delegation of Toyokawa students visited the citY, and a reception for educators from Tsinchu City was held at the high school district. James moved to accept the report, Global Affiliations: Proposed Policies and Guidelines on Sister/Friendship Cities for the City of Cupertino, and approve the guidelines found within the report. Bumett seconded and the motion passed 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS 14. Cupertino City Center Hotel Project. (a) Request from Kimpton Hotel and Restaurant Group for partial Transient Occupancy Tax (TOT) refund for the Cupertino City Center Hotel Project (b) Minute Order authorizing staff to prepare an urgency ordinance establishing a moratorium on the development of the CitY Center Project (c) Abandoning Call Avenue, Resolution 00-252 (d) Accepting security for the vacation of Cali Avenue roadway easement in the mount of $146,315.00, Resolution 00-253 CitY Manager Knapp outlined staff recommendations, noting that Kimpton had withdrawn the request for TOT refund. He described the three options council could consider for tying the apartment and hotel projects together. Jim Whelan, Kimpton Hotel and Restaurant Group, Inc., confirmed that they had withdrawn their request. He said they arc committed to going forward with the hotel. Their equity investors have reviewed the conditions of approval from last June and have committed to going forward. He said there are three steps to making the hotel a reality: 1. Acquiring land. 2. Getting a building permit. 3. Commencing construction. He was concerned that even an apparently well- intentioned modification to the existing approved conditions could have unintended consequences. October 2, 2000 Page 11 Piasecki said the land is zoned as a planned development district and is part of the overall city center zoning. The city would have control over the use of the land if this project was not built and another application was submitted. Council members agreed that they should go with recommendation 1 and go back to what had been agreed to. They also made it clear that it had always been their intention that the projects be linked. Bumett moved to accept option 1 in the staff report, rely on the assurances from Prometheus and Kimpton Hotels that the two developments will be constructed within a reasonable time period of each other. If the apartments are constructed and the hotel has not commenced construction within one year, then the city will retain the $1 million surety plus interest, per the existing condition of approval. James seconded and the motion passed 4-1 with Chang voting no. Kilian said they had received a letter from Prometheus indicating that $146,315 would be posted by cash or bond prior to the recordation of the resolution of abandonment. That proposal was acceptable to him. James moved to adopt Resolution 00-252. Chang seconded and the motion passed 5-0. LowenthaI moved to adopt Resolution 00-253. James seconded and the motion passed 5-0. NEW BUSINESS 15. Year-end budget adjustment for 1999-00. Administrative Services Director Atwood presented the staff report. James moved to increase the fund balance projections of $3,830,477 due to additional revenues received from sales tax, vehicle in lieu and interest income. Lowenthal seconded and the motion passed 5-0. 16. Appointment of council member to JPA for animal control. Lowenthal volunteered to serve on the JPA board of directors for the Silicon Valley Animal Control Authority. Statton will be the alternate. 17. Review of guidelines for Sister/Friendship City partnerships. Action was taken on this item following Item 13. 18. Selection of date for swearing in ceremony of new mayor and vice mayor. October 2, 2000 Page 12 Deputy City Clerk Wolfe reported that staff recommended having the meeting on either November 14 or 15. By consensus, council set Tuesday, November 14 at 6:00 p.m., as the date and time for electing and swearing in the new mayor and vice mayor. The mayor moved the agenda to Item 20. ORDINANCES 20. Second reading and enactment of Ordinance No. 1856, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code, Relating to the Designation of Bicycle Lanes, Stevens Creek Boulevard from the East City Limit to the West City Limit." The Deputy City Clerk read the title of the ordinance. Burnett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the second reading thereof. Lowenthal seconded and the motion passed 5-0. Bumett moved to enact Ordinance No. 1856. Lowenthal seconded and the motion passed 5-0. 21. Second reading and enactment of Ordinance No. 1857, "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150, Relating to Parking Prohibition and Section 11.24.170, Relating to Parking Limitation On Certain Streets, Stevens Creek Boulevard fi'om the East City Limits to the West City Limits." The Deputy City Clerk read the title of the ordinance. Burner moved to read. the ordinance by title only and that the Deputy City Clerk's Bumett constitute the second reading thereof. James seconded and the motion passed 5-0. Burner moved to enact Ordinance No. 1857. Lowenthal seconded and the motion passed 5-0. 22. Second reading and enactment of ordinance No. 1859, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24 of the Cupertino Municipal Code, Section 11.24.150, Relating to Parking Prohibition for Trucks Over 5 Tons." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the second reading thereof. Lowenthal seconded and the motion passed 5-0. Bumett moved to enact Ordinance No. 1859. Lowenthal seconded and the motion passed 5-0. October 2, 2000 Page 13 19. Purchase of property located at 10346 Scenic Boulevard. The city attorney announced that council would consider this matter in closed session per Government Code Section 54956.8, negotiations for purchase, sale, exchange, or lease of real property. At 9:58 p.m., council adjourned to a closed session in conference room A. Council reconvened in council chamber at 10:03 p.m. (a) Authorizing Mayor to execute purchase of the interest of Donald Brown in property located at 10346 Scenic Boulevard in the City of Cupertino, Resolution 00-254 James moved to adopt Resolution 00-254. Lowenthal seconded and the motion passed 5-0. (b) Accepting deed to real property located at 10346 Scenic Boulevard in the City of Cupertino (Government Code Section 27281), Resolution No. 00- 255 Lowenthal moved to adopt Resolution 00-255. James seconded and the motion passed 5-0. STAFF REPORTS-None. COUNCIL REPORTS - None. ADJOURNMENT At 10:05 p.m., the meeting was adjourned. Deputy City Clerk RESOLUTION NO. 00-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING September 29, 2000 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 mounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: · /' D~rector of Adm~istrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 09/28/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/01 CHECK REGISTER PAGE i FUND - 110 - GENEP, AL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 A~AG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 A~AG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 A~AG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER 580118 1020 09/29/00 10 ABAG POWER TOTAL CHECK ELECTRICAL) ELECTRICAL) ELECTRICAL) ELECTRICAL) ELECTRICAL) ELECTRICAL) ELECTRICAL) ELECTRICAL) ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL 6151 XVV147961 6151 XVVT140227 6151 YVV7709962 6151 YVV3436301/401 6151 Y%'V7209446 6151 BW429-T133/TVVP3077Cl 6151 XW1105742-1125141 6151 ZW2843161 6151 Yl~V7748401 6151 DVV5113911 6151 VARIOUS ACCTS IN JULY'00 6151 SAME 6151 SAM~ 6151 ACCT#ABAGCUPERT AUG00 SVC 6151 SAME 6151 S~E 6151 XW1040341-7841 6151 SAME 6151 SAME 6151 XVV5509681/YW335-570... 6151 SAME 6151 SAME 6151 SA~ 6151 SAME 6151 CVV2022521/2142231 6151 VARIOUS ACCTS JLrL SVC 6151 SAME 6151 SAME 6151 DW230/GVV315/XW264-540 6151 SAME 6151 SAME 6151 SltME 4,896.71 4,252.58 207.15 1,464.74 219.94 34,716.77 2,451.85 290.85 7.31 1,069.38 978.44 705.20 315.74 3,016.67 193.70 2,456.84 3,092.51 3,515.37 7.60 338.56 3,624.45 261.16 993.98 1,414.68 447.01 3,606.66 511.02 4,130.14 710.50 178.17 1,144.78 4,737.18 85,957.6~ 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 580119 1020 09/29/00 9 TOTAL CHECK ABAG POWER PURCHASING PO0 6153 ABAG POWER PURCHASING PO0 6153 ABAG POWER PURCHASING PO0 6153 ABAG POWER PURCHASING PO0 6153 ABAG POWER PURCHASING POO 6153 ABAG POWER PURCHASING POO 6153 ABAG POWER PURCI~%SING POO 6153 ABAG POWER PURCHASING POO 6153 ABAG POWER PURCHASING PO0 6153 ABAG POWER PURCHASING POO 6153 ABAG POWER PURC~IASING POO 6153 ABAG POWER PURCHASING POO 6153 A~ POWER PURCHASING POO 6153 A~AG POWER PURCHASING POO 6153 AB~ POWER PURCHASING POO 6153 ABA~ POWER PURCHASING POO 6153 AB~ POWER PURCHASING PO0 6153 ABA~ POWER PURCHASING POO 6153 ABAG POWER PURCFu%SING POO 6153 ABAG POWER PURCHASING POO 6153 JULY SVC AUG '00 SVC JULY SVC AUG '00 SVC AUG'00 SVC JULY SVC JULY SVC J't3LY SVC AUG'00 SVC JULY SVC ACCT#CUPACPC001 AUG SVC AUG '00 SVC JULY SVC AUG '00 SVC JULY SVC AUG '00 SVC AUG '00 SVC AUG '00 SVC ACCT#CUPACPC001 ~ SVC JULY SVC 557.35 41.94 546.58 277.78 44.83 41.94 277.78 1,542.04 469.26 44.83 949.90 92.65 177.67 177.67 92.65 546.58 557.35 1,542.04 949.90 469.26 9,400.00 RUN DATE 09/28/00 TIME 16:40:01 - FINANCIAL ACCOUNTING o9/2a/oo ACCOUNTinG PE~OD: 3/01 WJND - 110 - GENEP,.A~ CITY OF CUPERTINO CHECK REGISTER CHECK N-~ER CASH ACCT DATE ISStTED .............. VENDOR ......... ~ ~ ACCT 580120 1020 09/29/00 2110 ABC BACKFLOW ~STING REPA 6111 580121 1020 09/29/00 1923 AD CLUB 6203 580122 1020 p9/29/00 1884 ALBERTSONS-NOR~3{ERN DIVIS 6327 580122 1020 09/29/00 1884 ~J~BERTSONS-NOR~P. N DIVIS 6327 580122 1020 09/29/00 1884 ;tLBERTSONS-NORTRERN DIVIS 6111 580122 1020 09/29/00 1884 ~ERTSONS-NORTHEP. N DIVIS 6111 580122 1020 09/29/00 1884 ;tI~ERTSONS-NOR~-IERN DIVIS 6111 580122 1020 09/29/00 1884 ;%[~ERTSONS-NOR~'z{EP.N DIVIS 6111 580122 1020 09/29/00 .1884 ~J.~ERTSONS-NOR~P. N DIVIS 6111 580122 1020 09/29/00 1884 ~J~BERTSONS-NORI~-[EP.N DIVIS 6111 580122 1020 09/29/00 1884 ALBERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 A~ERTSONS-NORT~RN DIVIS 6111 580122 1020 09/29/00 1884 ALBERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 A/~BERTSONS-NORTHEP~N DIVIS 6111 580122 1020 09/29/00 1884 AL~ERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 ALBERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 ~ERTSONS-NOR~7{E~.N DIVIS 6111 580122 1020 09/29/00 1884 A~ERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 ALBERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 ALBERTSONS-NORTHERN DIVIS 6111 580122 1020 09/29/00 1884 ALBERTSONS-NORTHERN DIVIS 6111 TOTAL CHECK ~ .23 1020 09/29/00 44 AMERICAN RED CROSS 6111 580124 1020 09/29/00 -45 AMERICAN%~AFFIC SUPPLY 6111 580125 1020 09/29/00 864 CAROL ATWOOD 9400 580126 1020 09/29/00 [~001 BHATT, SUBR~A 1113 580127 1020 09/29/00 1066 BROWNING-FERRIS INDUSTRIE 7106 580128 1020 09/29/00 1101 C.H. BULL CO. 6111 580129 1020 09/29/00 2134 CALENDARS 6111 580130 1020 09/29/00 125 CALIF STATE COMPUTER STOR 9400 580130 1020 09/29/00 125 CALIF STATE COMPIrfER STOR 9400 580130 1020 09/29/00 125 CALIF STATE COMPUTER STOR 6111 580130 1020 09/29/00 125 CJ%LIF STATE COMPtT~ER STOR 6111 580130 1020 09/29/00 125 C~iF STA%~ COMP~ STOR 6111 580130 1020 09/29/00 125 CALIF STATE COMPUTER STOR 6111 580130 1020 09/29/00 125 CALIF STATE COMPUTER STOR 6111 580130 1020 09/29/00 125' CALIF STATE COMPUTER STOR 6111 580130 1020 09/29/00 125 CALIF STATE COMPUTER STOR 6111 580130 1020 09/29/00 125 CALIF STATE COMPUTER STOR 6111 TOTAL CHECK 5az~131 1020 09/29/00 809 ]1 1020 09/29/00 809 TOTAL CHECK CALIFORNIA SPORT DESIGN 7014 CALIFORNIA SPORT DESIGN 6111 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 RUN DATE 09/28/00 TIME 16:40:01 ....... DESCRIPTION ....... AMOU~'i TIME/NATL 450.00 SAN JOSE MERCURY NEWS 549,86 PO# 16324 PO# 16321 PO# 14557 PO# 21311 PO# 21582 PO# 14066 PO# 14047 PO# 21569 PO# 21576 PO# 21361 PO# 21583 PO# 21554 PO# 21570 P0# 21552 PO# 21332 PO# 21568/55 PO# 14049 PO# 21557 PO# 21567 59.29 14.28 5.96 12.03 8.98 293.51 152.64 26.30 48.32 9.98 3.67 48.06 13.91 12.67 22.99 70.30 112.86 50.48 40.49 1,006.72 MEDICAL SUPPLIES 376.25 P0#30436 (WAS INTERSTATE) 5,880.14 REIMB FOR LANDSCAPING EXP 4,424.00 R~C REFUND 27.00 LANDFILL VOLUMES 36,311.92 P0#10309 PARTS 155.96 2000 C~ARS {3) 63.00 HP DESIGNJET 1055CM SKU # MANAGEMENT FEE ~ 1.21% HP PRINTER CARTRIDGE PART F~%AL%GEF~T FEE · 1.21% HP PRINTER CARTRIDGE PART MANAGE~NT FEE · 1.21% HP INK CARTRIDGE 23D PART HP INK CARTRIDGE 23D PART RETURN OF IN7984587174 HP 32ME MEMORY Sim F/DJ 10,417.98 126.06 75.24 2.37 59.81 1.88 93.31 74.16 -296.61 300.20 10,854.40 HR DEPT PIO DEPT. 214.20 506.96 721.16 4,640.35 - FINANCIAL ACCOUNTING 09/28/00 CITY OF CUPERTINO PAGE ACCOUNTING PERIOD: 3/01 CHECK REGISTER FUND - 110 - GENERAL FUND C~ECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT. 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 AUG00 SVC VARIOUS ACCTS 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 JUL00 SVC VARIOUS ACCTS. 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 AUG00 SVC VARIOUS ACCTS 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 AUG00 SVC VARIOUS ACCTS. 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 SAME 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#ll-66-10-0895-1 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-64-05-2860-3 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-67-05-0815-1 580132 1020 09/29/00 132 C3%LIFORNIA WATER SERVICE 6155 ACCT#11-64-05-2860-3 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-67-05-0815-1 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-66-05-1485-1 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-66-05-1455-1 580132 1020 09/29Z00 132 CALIFORNIA WATER SERVICE 6155 AUG00 SVC VARIOUS ACCTS 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-66-05-1455-1 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-66-10-0895-1 580132 1020 09/29/00 132 CALIFORNIA WATER SERVICE 6155 ACCT#11-66-05-1485-1 TOTAL CHECK 2,107.24 3,438.25 155.40 165.77 621.62 663.09 58.59 22.19 18.34 21.44 17.70 79.87 24.92 2,843.98 24.30 60.20 79.53 15,042.78 580133 1020 09/29/00 2138 CALPELRA 7011 i~AL TRAINING 11/15-17 495.00 580134 1020 09/29/00 2137 CARL & MANOR ADVERTISING 7103 SAVE MONEY/ENV CAMPAIGN 500.00 580135 1020 09/29/00 1460 TONI CA~IRO 7014 WEB SITE UPDATE SEP 2000 3,055.00 580136 1020 09/29/00 146 CASH 6111 PET~ CASH 580136 1020 09/29/00 146 CASH 7014 PETTY CASH 580136 1020 09/29/00 146 C~H 6111 PETTY C3%SH 580136 1020 09/29/00 146 C3%SH 6111 PETTY CASH 580136 1020 09/29/00 146 CASH 6111 PETTY CASH TOTAL CHECK 580137 1020 09/29/00 147 CASH 6302 MED~ERSHIP 580137 1020 09/29/00 147 C~H 6311 BINGO 580137 1020 09/29/00 147 CASH 6111 OFFICE SUPPLIES 580137 1020 09/29/00 147 C3%SH 6305 SOCIALS 580137 1020 09/29/00 147 CASH 6301 TRIPS TOTAL CHECK 33.86 8.00 42.01 70.61 36.24 190.72 43.25 5.00 25.96 62.00 72.00 208.21 580138 1020 09/29/00 1057 CERIDIAN BE/4'EFITS SERVICE 2135 *FLEX HLTH 580138 1020 09/29/00 1057 CERIDIAN BENEFITS SERVICE 2135 *FLEX DEP TOTAL CHECK 72.49 769.24 841.73 580139 1020 09/29/00 1156 C~A 2133 CHA 126.50 580140 1020 09/29/00 175 COCA-COLA USA 6327 580140 1020 09/29/00 175 COCA-COLA USA 6327 580140 1020 09/29/00 175 COCA-COLA USA 6327 580140 1020 09/29/00 175 COCA-COLAUSA 6327 580140 1020 09/29/00 175 COCA-COLA USA 6327 580140 1020 09/29/00 175 COCA-COLA USA 6327 580140 1020 09/29/00 175 COCA-COLAUSA 6327 580140 1020 09/29/00 175 COCA-COLA USA 6327 580140 1020 09/29/00 175 COCA-COLAUSA 6327 TOTAL CHECK FTN SERVICE BILLING SEP 00 TOTAL BEV PLAN FTN SERVICE BILLING SEP 00 BEV PLAN SEP 00 BEV PLAN SEP 00 BEV PLAN SEP 00 TOTAL BEV PLAN SEP 00 BEV PLAN FTN SERVICE BILLING 101.38 27.06 57.79 21.65 21.65 21.65 21.65. 21.6! 159.92 454.40 RUN DATE 09/28/00 TIME 16:40:01 - FINANCIAL AC~ING 09/28/00 ACCOUNTING PERIOD: 3/01 UND - 110 - GENERAL FUND CITY OF CUPERTINO CHECK REGISTER CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT 580141 1020 09/29/00 178 580141 1020 09/29/00 178 TOTAL CHECK COLONIAL LIFE & ACCIDENT 2136 COLONIAL LIFE & ACCIDENT 2136 10/1-11/1/00 COVERAGE 9/1-10/1/00 COVERAGE 66.75 66.75 133.50 580142 1020 09/29/00 1606 COLOUR SHOPPE DRAPERIES & 6111 MINI BLINDS 4 CUSTOM MADE 364.00 580143 1020 09/29/00 M2001 CORDERO, J~JANITA 6316 YOGA CLASS REFU~ 30.00 580144 1020 09/29/00 M2001 COTE, MICHEL 1113 REC REFUND 8.00 580145 1020 09/29/00 208 DE ANZA COLLEGE TV CENTER 7012 2ND QTR PAlq~ENT AS PER AG 23,351.00 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 CREEKSIDE PARK 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 MT. VISTA/DAY CARE 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 PORTAL PARK 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 MCC~L~ 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 RETREAT C~TTER 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 QUINI~ CENTER 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 MONTE VISTA 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 SPORTS CENTER 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 PROSHOP GOLF COURSE BATHR 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 CITY HALL 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 PARK BATHROOMS 58~h146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 TOWN CENTER 6 1020 09/29/00 209 DE ANZA SERVICES INC 7014 BUS STOPS 5. .46 1020 09/29/00 209 DE ANZA SERVICES INC 7014 LIBP~Y 580146 1020 09/29/00 209 DE ANZA SERVICES INC 7014 SERVICE CENTER 580146 1020 09/29/00 .'209 DE ANZA SERVICES INC 7014 EMERGENCY CARPET SHAMPOO TOTAL C~ECK 1,042.18 610.96 636.85 309.25 681.08 5,567.51 1,375.87 2,252.24 122.52 2,139.71 6,051.55 429.14 900.37 3,754.15 1,790.88 95.00 27,759.26 580147 1020 09/29/00 676 DEPARTMENT OF JUSTICE 7014 FINGERPRINTING APPS 580147 1020 09/29/00 676 DEPARTMEA'T OF JUSTICE 7014 FINGERPRINTING APPS 580147 1020 09/29/00 676 DEPARTMENT OF JUSTICE 7014 FINGERPRINTING APPS TOTAL C~ECK 64.00 608.00 224.00 896.00 580148 1020 09/29/00 1994 DISTRICT ATTOR/~EY TRUST 2137 ANGEL LOPEZ 566398126 23.08 580149 1020 09/29/00 222 DKS ASSOCIATES 7014 TRAFFIC ENGRNG SVCS 1,656.67 580150 1020 09/29/00 855 DULIN ADVERTISING INC 6203 CROSSGUARD AD 584.00 580151 1020 09/29/00 240 ELIZ~E~ A~ ELLIS 7014 T~SCRIBE PLANNING CO~9~I 425.00 580152 1020 09/29/00 242 EMPLOYW~NT DEVEL DEFT 2124 SIT 14,704.23 580153 1020 09/29/00 243 EMPLOYMENT DEVELOPMENT 2141 SDI 672.36 580154 1020 09/29/00 1812 ENVIRON SYSTEMS P. ESEARC~ 9400 ARCVIEN 3.2A FOR WINDOWS 3,908.14 580155 1020 09/29/00 1949 EVENT SERVICES 7106 PORTABLE TOILET COMPOST 205.67 ~-~56 1020 09/29/00 273 6 1020 09/29/00 273 5ou~56 1020 09/29/00 273 580156 1020 09/29/00 273 TOTAL CHECK RUN DATE 09/28/00 TIM~ 16:40:01 FREMONT UNiON H.S. DIST. 6216 FREMONT UNION H.S. DIST. 6215 FREMONT UNION H.S. DIST. 6213 FREMONT UNION H.S. DIST. 6214 DAVID KNAPP - DINNER 37.00 JOHR STATTON - DINNER 37.00 MICHAEL CHANG - DINNER 37.00 SANDY JAMES - DINNER 37.00 148.00 - FINANCIAL ACCOUNTING 09/28/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... PAGE AMOUI~. 580157 1020 09~29/00 274 FRY'S ELECTRONIC 6111 580157 1020 09/29/00 274 FRY'S ELECTRONIC 6111 580157 1020 09/29/00 274 FRY'S ELECTRONIC 6111 580157 1020 09/29/00 274 FRY'S ELECTRONIC 6111 580157 1020 09/29/00 274 FRY'S ELECTRONIC 6111 TOTAL CHECK 580158 1020 09/29/00 2027 GARCIA, MARSHA 6111 580159 1020 09/29/00 281 GARD~'q%ILAND 6111 580160 1020 09/29/00 292 GOLFLAND ENTERTAINMENT CE 7014 580160 1020 09/29/00 292 GOLFLAND ENTERTAINMENT CE 7014 TOTAL CHECK 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 580162 1020 09/29/00 334 TOTAL CHECK 580163 1020 09/29/00 343 RUN DATE 09/28/00 TIME 16:40:01 HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOM~ DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOM~ DEPOT/GECF HOME DEPOT/GECF 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 9300 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 6111 ICMA RETIREMENT TRUST-457 2139 CREDIT FOR RETURN ELECTRONIC PURC~%SES ELECTRICAL SUPPLIES CREDIT FOR RETURN ELECTRONIC PURCHASES -54.12 188.76 34.62 -54.12 188.75 303.89 REIMB-CESA CONF MEAL/CLOT 61.83 PARTS & SUPPLIES 253.95 P0#14034 8/14/00 PLAY PO314057 8/14 PLAY 180.00 150.00 330.00 P0#10364 LP0#20792 LP0#20897 P0#20884 LPO#20799 P0#16322 LPO#20793 LP0#20883 LP0#20798 P0#10389 P0#20800 LP0#20895 PO#10656 LP0#10383 PO#20797 P0#20796 LP0#20881 P0#10375 P0#10373 LATE CHARGE FEE LP0#20880 PO#16293 LPO#20794 LPO#20771 P0#10355 P0#10338 LP0#15330 P0#16300 ~ P0#16306 LP0#15984 LP0#20770 PO#10294 P0#16296 P0#10287 RETURN FROM INV#3011179 P0#14051 164.56 51.28 26.10 28.42 34.75 174.90 31.77 15.25 13.73 161.50 23.07 39.03 324.09 43.85 25.29 58.22 44.99 425.55 110.10 20.00 21.59 89.85 55.84 31.71 387.85 83.75 53.64 148.32 135.46 49.07 13.01 240.90 210.44 52.77 -94.72 60.34 3,356.27 *ICMA 6,737.61 - FINANCIAL ACCOUNTING 09/28/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/01 CHECK REGISTER "UND - 110 - GENERJ~L FUND CHECK NUMBER CASH ACCT 580164 1020 09/29/00 580165 1020 09/29/00 580166 1020 09/29/00 580167 1020 09/29/00 580168 1020 09/29/00 580168 1020 09/29/00 580169 580170 580171 580171 580171 580172 58~.~0173 .74 580175 580176 580177 580179 580179 580179 580179 580180 580180 580180 580181 580182 580183 .~184 u~185 580186 TOT/iL CHECK 1020 1020 1020 1020 1020 DATE ISSUED .............. VENDOR .............. ACCT 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTA~L CHECK 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 09/29/00 346 1760 1514 2127 M2001 M2001 M2001 369 879 879 879 TOTAL CHECK M2001 373 M2001 382 398 1968 1872 437 437 437 1020 09/29/00 447 1020 09/29/00 447 1020 09/29/00 447 TOTAL CHECK 1020 09/29/00 M2001 1020 09/29/00 M2001 1020 09/29/00 475 1020 09/29/00 2132 1020 09/29/00 1097 1020 09/29/00 495 RUN DATE 09/28/00 TIM~ 16:40:01 INDEPENDENT ELECTRIC SUPP 6111 INSPECTION CONSULTANTS IN 9300 INTELECOM 6111 J&M TERMITE CONTROL, INC. 9400 KANG, KELVIN & MARTHA SHA 2211 FANG, KELVIN & MART}{A SHA 2211 KC & J INVESTMENT 2211 KELLY-MOORE PAINT CO INC 6111 KEYSER MARSTON ASSOCIATES 7014 KEYSER MARSTON ASSOCIATES 7014 KEYSER MARSTON ASSOCIATES 7014 KIM, YONGBA~ 1113 KIRK XPEDX 6111 KP, AMSKAYA, ELINA 1113 KWIK-KOPY PRINTING 6302 LEXIS LAW PUBLISHING 6227 MAZE AND ASSOCIATES 7014 MCKINLEY EQUIPMENT CORPOR 9300 METRO NEWSPAPERS 6201 METRO N~WSPA~SRE 6201 METRO NEWSPAPERS 6201 MISSION UNIFORM SERVICE 6124 MISSION UNIFORM SERVICE 6124 MISSION UNIFORM SERVICE 6124 MOULEESWARAN, SUJATHA 1113 NAGESH, MEERA 1113 NATIONAL CONSTRUCTION PEN 6111 NCTLC 7011 O.C. MCDONALD CO INC 7013 OFFICE HELPER 6111 ....... DESCRIPTION LIGHT FIXTURES PROF SVCS FOR AUGUST '00 ACCT#GCACPC RENEW CONTRAC INSPECTION FEE 45% IBR R#4103 4/22/98 45% IBR R#7197 9/29/98 45% IBR R#1718 12/3/97 LPO#20451 VALLC0 FASHION PARK PLAN VALLCO FASHION PARK PLAN PLAZA CUPERTINO PROJECT REC REFUND PAPER SUPPLIES REC REFUND PRINT/DELIVERY OCT. NEWSL CA DEER H*S SUPPLIES JUNE 30 2000 ENDING AUDIT PCDE108 WHEELCHAIR LIFT NOTICE TO CONSULTANTS REQUEST FOR QUALIFICATION PUB HEARNING NOTICES SUPPLIES SUPPLIES SUPPLIES REC REFUND REC REFUND F~CE RENTAL DP. AKE/MAHAN/TOLLEFSON/WOL TIME & MAT'~. FILE CABINETS, BOOKCASE AMCU~ 633,41 791,50 900.00 260.00 8,955.00 15,975.00 24,930.00 6,750.00 48.46 26,452.38 37,779.91 3,810.00 68,042.29 47.00 679.30 65.00 335.58 168.78 21,482.41 12,586.90 30.00 35.00 82.50 147.50 77.35 76.22 84.32 237.89 30.00 62.50 41.65 220.00 616.80 633.90 FINANCIAL ACCOUNTING 09/28/00 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 3/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT, 580186 1020 09/29/00 495 OFFICE HELPER 6111 MOBILE FILE 580186 1020 09/29/00 495 OFFICE HELPER 6111 SUPPLIES TOTAL CHECK 149.00 28.27 811.17 580187 1020 09/29/00 501 OPERATING ENGINEERS #3 2123 UNION DUES 470.90 580188 1020 09/29/00 833 P E R S 2125 *PERS BYBK 580188 1020 09/29/00 833 P E R S 2144 PEPS 1959 580188 1020 09/29/00 833 P E R S 2127 PERS EMPLY 580188 1020 09/29/00 833 P E R S 2125 *PERS BYBK 580188 1020 09/29/00 833 P E R S 2125 PERS BUYBK 580188 1020 09/29/00 833 P E R S 2127 PERS SPEC TOTAL CHECK 305.65 77.19 21,319.03 394.68. 67.68 147.76 22,311.99 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGEiTET 6154 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGENET 6154 580189 1020 09/29/00 1771 PAGENET 6154 TOTAL CHECK SAME SAME A#027-709250 9/2-10/1 SVC SAME SAME SAME SAM~ SAME SAME 11.55 7.13 39.72 10.47 13.76 8.81 91.89 14.33 27.58 225.24 580190 1020 09/29/00 520 PAPER/DIRECT INC 6111 ACROPOLIS 64.93 580191 1020 09/29/00 M2001 ~ENG, TED 1113 REC REFUND 55.00 580192 1020 09/29/00 526 580192 1020 09/29/00 526 580192 1020 09/29/00 526 580192 1020 09/29/00 526 580192 1020 09/29/00 526 580192 1020 09/29/00 526 580192 1020 09/29/00 526 TOTAL CHECK PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 9300 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 9300 IMPR FOR 10112 CAMINO VIS IMPR FILE #52, 162 R#5391 21799 ALMADEN FILE#52,244 LOMITA & IMPERIAL IMPROVE SAME 10055 CARMEN FILE #52,261 STELLING/MILLER BICYCLE 390.28 464.37 87.50 464.37 67.36 11.72 67.36 1,552.96 580193 1020 09/29/00 533 PEPS LONG TERM CARE PROG 2137 PERS LTC 332.31 580194 580194 580195 1020 09/29/00 542 PINE CONE LUMBER 6111 1020 09/29/00 542 PINE CONE LUMBER 6111 TOTAL CHECK 1020 09/29/00 2133 PKF CONSULTING 4811 P0#10340 SUPPLIES P0#10340 SUPPLIES PROFESSIONAL/REIMB FEES 70.62 57.58 128.20 5,789.00 580196 1020 09/29/00 M2001 PRAKASH, AANCHAL 1113 REC REFUND 23.50 580197 1020 09/29/00 1988 PRINTCOM 7014 PRINTING AND DISTRIBUTION 4,059.38 580198 1020 09/29/00 838 ROADLINE PRODUCTS INC 6111 PO#10406 SUPPLIES 476.30 580199 1020 09/29/00 605 RUSS ~PRISES INC 6111 MORELINE WHITE YELLOW AND 1,691.68 580200 1020 09/29/00 2131 R~1-1*~R GROUP, THE 6227 REAL PROP 2000 UPDATE 81.46 RUN DATE 09/28/00 TIME 16:40:01 FINANCIAL ACCOUNTING 3-g 09/28/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 3/01 CHECK REGISTER '3ND - 110 - GENERAL FUND C~ECK NUMBER CASH ACCT DATE ISSUED .............. VENDORi ............. ACCT 580201 1020 09/29/00 1861 SALVATION ARMY PREP 6111 ....... DESCRIPTION ....... PREPGUIDES 500 AT $1.45 E PAGE AMOUNT. 924.50 580202 1020 09/29/00 628 SANTA CLARA COUNTY SHERIF 2137 580203 1020 Q9/29/00 M2001 SKAGGS, CAROL 1113 CURTIS BLOOMQUIST REC REFUND 403.66 51.00 580204 1020 09/29/00 1116 580204 1020 09/29/00 1116 TOTAL CHECK SONY ELECTRONICS INC 6111 SONY ELECTRONICS INC 6111 LPO#16406 PARTS P0#16411 PARTS 86.27 266.16 352.43 580205 1020 09/29/00 M2001 SRIKANTH, AKSHAYA 1113 REC REFUND 33.00 580206 580206 1020 09/29/00 1020 09/29/00 TOTAL CHECK 1421 STANLEY STEEMER 7014 CLEANING SVC 1421 STANLEY STEEMER 7014 CARPET CLEANING 575.00 380.00 955.00 580207 1020 09/29/00 677 STATE STREET BANK & TRUST 2140 wPERS DEF 842.14 580208 1020 09/29/00 529 SUNGARD PENTAMATION, INC. 9400 CURRENT CHARGES 134.37 580209 1020 09/29/00 2032 TAMARA JENSEN 2137 GORDON JENSEN 569332228 371.08 580211 58o.._?~11 1 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 580211 58.CL~11 1 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORieS 6111 1020 09/29/00 -701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STOP, ES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 1020 09/29/00 701 TARGET STORES 6111 TOTAL CHECK LPO#21324 LP0#21323 LPO#21358 LP0#21532 PO#16298 CREDIT OF INV#1102247703 LPO#21534 LP0#21548 LPO#21321 P0#14022 LPO#20888 LPO#21549 LP0#21533 P0#14029 LPO#21558 RETLIp,NUNDER P0#21565 LPO#21565 P0#14053 LPO#21586 LP0#21588 P0#14074 PO#16312 : ': PO#14071 PO#12699 LPO#21551 LPO#21531 LPO#14553 LPO#14556 LPO#22088 LPO#21719 LPO#21543 13.62 34.62 43.76 16.23 94.90 -21.64 44.71 11.17 49.16 134.71 16.23 12.75 34.80 30.29 32.89 -7.57 7.57 54.11 9.76 6.81 28.64 68.67 71.11 37.15 41.76 16.23 29.18 17.91 2.36 30.83 23.71 986.43 580212 1020 09/29/00 1564 RUN DATE 09/28/00 TIME 16:40:01 TEACHERS' HELPER 6111 LPO#14561 30.03 FINANCIAL ACCOUNTING 09/28/00 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 3/01 CHECK REGISTER FUND ~ 110 - GENER3%L FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT 580212 1020 09/29/00 1564 TEACHERS' HELPER 6111 LPO#14562 TOTAL CHECK 46.47 76.50 580213 1020 09/29/00 M2001 TERBEEK, MARIAN 1113 REC REFUND 25.50 580214 1020 09/29/00 1993 TREASURER OF ALAMEDA COUN 2137 ANGEL LOPEZ 566398126 161.54 580215 1020 09/29/00 724 TURF & INDUSTRIAL EQUIPME 6111 SUPPLIES 580215 1020 09/29/00 724 TURF & INDUSTRIAL EQUIPME 6111 SUPPLIES 580215 1020 09/29/00 724 TURF & INDUSTRIAL EQUIPME 6111 SUPPLIES 580215 1020 09/29/00 724 TURF & INDUSTRIAL EQUIPME 6111 LPO#16295/SUPPLIES 580215 1020 09/29/00 724 TURF & INDUSTRIAL EQUIPME 6122 DOUBLE PAID INV#IV24971 580215 1020 09/29/00 724 TURF & INDUSTRIAL ~QUIPME 6111 PO#16318/SUPPLIES TOTAL CHECK 41.59 22.14 2.36 112.50 -89.10 118.84 208.33 580216 1020 09/29/00 727 U S POSTMASTER 6111 POSTAGE FOR PERMIT#74 206.96 580217 1020 09/29/00 830 UNITED SOIL ENGINEERING I 9300 MEMORIAL PARK BR TESTING 647.50 580218 1020 09/29/00 1154 UNITED WAY OF SANTA CLARA 2132 UNITED WAY 96.75 580219 1020 09/29/00 732 UNIVERSAL TRUCK EQUIP INC 9400 TRUCK PART 1,034.44 580220 1020 09/29/00 733 UPBEAT INC 6111 PARTS/SUPPLIES 580220 1020 09/29/00 733 UPBEAT INC 6111 PARTS & SUPPLIES TOTAL CHECK 1,031.25 47.28 1,078.53 580221 1020 09/29/00 2135 VALIANT INT'L MEDIA CORP. 6111 BATTERIES 39.15 580222 1020 09/29/00 738 VALLEY OIL COMPANY 6123 OCTOBER 2000 RENT 580223 1020 09/29/00 749 VISA 6216 580223 1020 09/29/00 749 VISA 6111 580223 1020 09/29/00 749 VISA 6111 580223 1020 09/29/00 749 VISA 6111 580223 1020 09/29/00 749 VISA 6216 TOTAL CHECK SAME (DOP, AL PALM SPRINGS) WHOLE FOODS SUPPLIES 4388090570074703 CREDIT MYRON MFG-105 PENS & BOXE CPRS CONF REGIST-LINDA L. 3,884.00 -14.00 24.50 -393.88 250.27 189.00 55.89 580224 1020 09/29/00 749 VISA 6216 ACCT#4388090570102306 47.92 580225 1020 09/29/00 751 VOLT 6111 PARTS/SUPPLIES 267.98 580226 1020 09/29/00 302 580227 1020 09/29/00 779 580227 1020 09/29/00 779 580227 1020 09/29/00 779 580227 1020 09/29/00 779 TOTAL CHECK WASHINGTON MUTUAL WEST-LITE SUPPLY CO INC WEST-LITE SUPPLY CO INC WEST-LITE SUPPLY CO INC WEST-LITE SUPPLY CO INC 2138 *WASHMUTL 6111 6111 6111 6111 MISC MATERIALS AS QUOTED MISC MATERIALS AS QUOTED MISC MATERIALS AS QUOTED MISCMATERIALS AS QUOTED 17,025.95 149.79 149.79 149.79 149.79 599.16 580228 1020 09/29/00 M2001 WONG, DIANA 2211 45% IMPR R#6179 1/4 $4500 2,025.00 580229 1020 09/29/00 951 WOOLWORTH NURSERY 6111 LPO#20689 45.98 580230 1020 09/29/00 1131 CIDDY WORDELL 6216 REIMB FOR APA CONFERENCE 518.62 RUN DATE 09/28/00 TIME 16:40:01 - FINANCIAL ACCOUNTING 09/28/00 CITY OF CUPERTINO PA~E IC ACCOUNTING PERIOD: 3/01 C~£CK REGISTER ?UND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR~ ............. ACCT 580231 1020 09/29/00 M2001 Y/3, JACKIE 1113 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 .09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZL1MWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 9300 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 9300 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZI3MWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 580232 1020 09/29/00 805 ZUMWALT ENGINEERING GROUP 7014 TOTAL CHECK TOTAL FUND TOTAL REPORT ....... DESCRIPTION ....... REC REFUND STATE RT 85/S CREEK TRAFF MILLER AVE BICYCLE FACILi $ CREEK RECREATIONAL BICY HOMESTEAD ARTERIAL PH II HOMESTEAD/TANTAU CORRDIOR BOLLINGER RD BICYCLE FACI CU. INTERCHANGE IMPROVEME SO STELLING BIKE LANE PRO DE ANZA BLVD BIKE LANES DE ANZA/S CREEK ARTERIAL S.T. AQUINO BICYCLE FACIL I~280 WOLFE RD INTERCHANG WOLFE RD BICYCLE FACILITY B.O0 248.36 1,022.00 602,00 942,00 2,372,54 1,166.00 1,811.79 156.00 286.00 236.00 104.00 730.27 1,390.00 11o066.96 484,330.11 484,330.11 RUN DATE 09/28/00 TIME 16:40:01 - FINANCIAL ACCOUNTING .it RESOLUTION NO. 00-257 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 October 6, 2000 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 fi.om the funds as hereinafter set forth in Exhibit "A". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of ., 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 10/06/00 CITY OF CTJPERTINO ACCOUNTING PERIOD: 4/01 C~CK REGISTER FUND - 110 - GENER~ F~ CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT 580237 1020 10/06/00 1695 3M 6111 580237 1020 10/06/00 1695 3M 6111 580237 1020 10/06/00 1695 3M 6111 580237 1020 10/06/00 1695 3M 9300 580237 1020 10/06/00 1695 3M 9300 580237 1020 10/06/00 1695 3M 9300 580237 1020 10/06/00 1695 3M 9300 TOTAL CHECK 580238 1020 10/06/00 1052 A TOOL SHED INC 6111 580239 1020 10/06/00 2161 ABAG:ASSOC OF BAY AREA GO 7021 580240 1020 10/06/00 28 AIRGAS 6111 580240 1020 10/06/00 28 AIRGAS 6111 580240 1020 10/06/00 28 AIRGAS 6111 580240 1020 10/06/00 28 AIRGAS 6111 580240 1020 10/06/00 28 AIRGAS 6111 TOTAL CHECK 580241 1020 10/06/00 2154 ~ORE1T~-A-CAR 6216 580242 1020 10/06/00 36 ALLEN'S PRESS CLIPPING 6111 580242 1020 10/06/00 36 ALLEN'S PRESS CLIPPING 6111 TOTAL CHECK ....... DESCRIPTION ....... SUPPLIES SUPPLIES SUPPLIES SCOTCHLITE ENGINEER GRADE SUPPLIES SUPPLIES SUPPLIES RENTAL OF RIDE-ONTRENCHE OCT 2000 WC APM FEE 00/01 SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES GIS TRNG CLASS-N NOWACK CLIPPINGS FOR SEPTEMBER CLIPPINGS FOR AUG '00 PAGE 1 AMOUNT 176.10 68.39 366.67 438.41 58.46 552.12 278.69 1,938.84 275.00 827.26 33.30 150.05 85.72 85.72 150.05 504.84 217.49 36.00 36.00 72.00 580243 1020 10/06/00 40 ALTEC INDUSTRIES INC 7014 580244 1020 10/06/00 48 ANACOMP INC 7013 580245 1020 10/06/00 2146 ARCHITECTURAL DIGEST 6111 TIME & MAT'L 1,480.63 DATA MATE 1000 MAINTENANC 486.00 Rm,m~AL 1/o1-1/o2 39.98 580246 1020 10/06/00 1533 ARRAY OF FLOWERS 6327 SUPPLIES 96.10 580247 1020 10/06/00 864 CAROL ATWOOD 6216 REIMB OF ICMA EXPENSES 548.09 580248 1020 10/06/00 71 580248 1020 10/06/00 71 TOTAL CHECK B & R ICE CREAM DIST B & R ICE CREAM DIST 6327 SUPPLIES 522.00 6327 SUPPLIES 565.50 1,087.50 580249 1020 10/06/00 720 BATTERY SYSTEMS 580249 1020 10/06/00 720 BATTERY SYSTEMS 580249 1020 10/06/00 720 BA'~'I'~KY SYSTF24S 580249 1020 10/06/00 720 BATTERY SYSTEMS 580249 1020 10/06/00 720 BA'I-r~KY SYSTEMS TOTAL CHECK 6122 CREDIT MEMO -89.74 6122 CREDIT MEMO -26.40 6122 SUPPLIES 254 . 12 6122 SUPPLIES 144.89 6122 SUPPLIES 49.74 332.61 580250 1020 10/06/00 100 580250 1020 10/06/00 100 580250 1020 10/06/00 100 TOTAL C~ECK 51 1020 10/06/00 106 .51 1020 10/06/00 106 580251 1020 10/06/00 106 TOTAL CHECK RUN DATE 10/06/00 TIME 08:26:02 BMI IMAGING SYSTEMS 7014 BMI IMAGING SYSTEMS 7014 BMI IMAGING SYSTEMS 4811 BRIDGE WI~RLRSS/RADIO COM 6111 BRIDGE WIRELESS/RADIO COM 6111 BRIDGE WIRELESS/RADIO COM 6111 SERVICES 700.28 SUPPLIES 897.46 MICROFILM COPIES 1,052.19 2,649.93 PARTS & SUPPLIES 74.69 SAME 270.62 GANG CHARGES P0#10456 270.63 615.94 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 4/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASM ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT 580252 1020 10/06/00 2152 C.E. MAINPRICE CO., INC. 6111 580253 1020 10/06/00 1101 C.H. BUIJ~ CO. 6111 580254 1020 10/06/00 1476 CANNON DESIGN GROUP 2211 580254 1020 10/06/00 1476 CANNON DESIGN GROUP 2211 580254 1020 10/06/00 1476 CANNON DESIGN GROUP 2211 TOTAL CHECK 580255 1020 10/06/00 136 CAPITOL FORD INC 9400 580256 1020 10/06/00 1460 TONI CARREIRO 6201 580257 1020 10/06/00 141 CARTEGRAPH SYSTEMS INC 6111 580258 1020 10/06/00 143 CASEY PRINTING INC 6318 580258 1020 10/06/00 143 CASEY PRINTING INC 6318 TOTAL CHECK 580259 1020 10/06/00 149 CASH 6216 580259 1020 10/06/00 149 CASH 6216 580259 1020 10/06/00 149 CASH 6111 580259 1020 10/06/00 149 CASH 6216 580259 1020 10/06/00 149 CASH 6111 580259 1020 10/06/00 149 CASH 6216 580259 1020 10/06/00 149 CASH 6111 580259 1020 10/06/00 149 .C, ASH 6111 580259 1020 10/06/00 149 CASH 6111 580259 1020 10/06/00 149 C3%SH 6111 580259 1020 10/06/00 149 O_~H 6111 580259 1020 10/06/00 149 CASH 7011 580259 1020 10/06/00 149 CASH 6111 580259 1020 10/06/00 149 CASH 6216 580259 1020 10/06/00 149 C_ASH 6216 TOTAL CHECK 580260 1020 10/06/00 2125 CASHIER-DEPT OF PESTICIDE 7011 580261 1020 10/06/00 2136 CE~ COMPU~R 6111 580262 1020 10/06/00 M2001 C~3NG, JOAN 1113 580263 1020 10/06/00 M2001 CHIEN, KUAN TSE 1113 580264 1020 10/06/00 M2001 CHOI, MEE 1113 580265 1020 10/06/00 2163 CITY OF SANTA CL~ 7014 580266 1020 10/06/00 2160 COLONS OF CUPERTINO HOME 9300 580267 1020 10/06/00 916 COMP%~i~ER XT~ XPP~SS 6111 580267 1020 10/06/00 916 COMPU~R X~ XPRESS 6111 TOTAL CHECK 580268 1020 10/06/00 1293 COSMO JL]MP 7014 RUN DATE 10/06/00 TIME 08:26:02 MAILING ENVELOPES 100'S 63.56 PO#12879 R#7915 R#6130 R#7915 258.18 74.15 35.85 684.15 794.15 2001 FORD ECONOLINE WAGON 25,296.13 WEB SITE REVISION 16.25 SIC, NVIEW VERSION 5 UPGRAD 1,210.00 PRINT/FRT SEP 2000 SCENE PRINT/FRT CHGS OCT SCENE 2,966.00 2,966.00 5,932.00 JENNIFER M DAVE K M3%RIA & JILL RAY DONNA CAROL MARCIA KAREN TIM & F~N SANCHA DOROTHY GP, EG DAVID S JERRY CAROL 110.42 20.00 7.88 59.62 77.17 20.61 26.49 3.00 6.44 21.64 9.29 50.00 37.88 20.00 19.00 489.45 #15944 RENEWAL LICENSES 30.00 SMART UPS 1400 RACK MOUNT 1,400.76 REC REFUND 55.00 REC REFUND REC REFUND 86.00 102.00 STARTUP COSTS-ANIMAL CTRL 56,198.00 SEAL COAT-MEMORIAL PRK BR 837.00 CO~UTER SUPPLIES COMPUTER SUPPLIES 232.68 346.4~ 579.0& SERVICE 150.00 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO PAGE 3 ACCOLTNTING PERIOD: 4/01 C~CK REGISTER FUND - 110 - GF-.NERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT 580268 1020 10/06/00 1293 COSMO JUMP 7014 SERVICE TOTAL CHECK 300.00 450.00 580269 1020 10/06/00 1407 CU~94ING HENDERSON TIRE 6123 TIRE SUPPLIES 580269 1020 10/06/00 1407 CU~94ING HENDERSON TIRE 6123 TIRE SUPPLIES 580269 1020 10/06/00 1407 CU~4ING HENDERSON TIRE 6123 CREDIT MEMO 580269 1020 10/06/00 1407 CU~T~ING HENDERSON TIRE 6123 CREDIT MEMO TOTAL CHECK 81.91 95.91 -146.96 - .78 30.08 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES2001 OPEN PURCHAS 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 580270 1020 10/06/00 194 CUPERTINO SUPPLY INC 6111 SUPPLIES TOTAL CHECK 27.06 117.40 1,212.25 214.39 31.48 302.19 35.72 128.86 20.04 60.11 2,149.50 580271 1020 10/06/00 198 CUPERTINO UNION SCHL DIST 7060 JULY PERMIT #10926 99.64 580272 1020 10/06/00 2085 DB PROMOTIONS 6111 73 1020 10/06/00 890 DE ANZA PRINTING SERVICES 7103 BOOKENDS, ZINC MEDALLIONS PRINT 8000 SHEETS 11 X 17 121.15 1,194.00 580274 1020 10/06/00 211 580274 1020 10/06/00 211 580274 1020 10/06/00 211 TOTAL CHECK DELTA DENTAL PLAN OF CA 2129 DELTA DENTAL PLAN OF CA 2129 DELTA DENTAL PLAN OF CA 2129 #1539-002 46 ~$91.14 #1539-001 38 ~$72.30 #1539-003 63~$86.44 4,192.44 2,747.40 5,445.72 12,385.56 580275 1020 10/06/00 2159 DEVRIES DATA SYSTEMS, INC 7014 M SERRATOS 8/14-8/31 SVCS 9,880.00 580276 1020 10/06/00 850 DIDDAMS AMAZING PARTY STO 6111 SUPPLIES 24.36 580277 580277 580277 580277 580277 580277 580278 580278 580278 580278 1020 10/06/00 220 1020 10/06/00 220 1020 10/06/00 220 1020 10/06/00 220 1020 10/06/00 220 1020 10/06/00 220 TOTAL CHECK 1020 10/06/00 1958 1020 10/06/00 1958 1020 10/06/00 1958 1020 10/06/00 1958 TOTAL CHECK DISCOUNT SCHOOL SUPPLY 6111 DISCOUNT SCHOOL SUPPLY 6111 DISCOUNT SCHOOL SUPPLY 6111 DISCOUNT SCHOOL SUPPLY 6111 DISCOUNT SCHOOL SUPPLY 6111 DISCOUNT SCHOOL SUPPLY 6111 DISPENSING TEC-~OLOGY 9400 DISPENSING TEC~NOLOGY 9400 DISPENSING T~C~NOLO~Y 6111 DISPENSING TECHNOLOGY 9400 SUPPLIES EASEL CHAIRS TABLE AND AL EASEL CHAIRS TABLE AND AL F2%SEL CHAIRS TABLE AND AL MISC SUPPLIES FOR PRESCHO MISC SUPPLIES FOR PRESCRO 235.21 1,005.75 476.07 107.03 1,496.99 46.55 3,367.60 ND503300 PAINT S~ POW 5,390.98 RETURN REF#~15789 -1,388.89 SUPPLIES 182.12 SUPPLIES 929.45 5,113.66 580279 .80 580280 1020 10/06/00 223 1020 10/06/00 1995 1020 10/06/00 1995 1020 10/06/00 1995 TOTAL CHECK RUN DATE 10/06/00 TIME 08:26:02 DON & MIKE'S SWEEPING INC 7014 EDISON SELECT 7014 EDISON SELECT 7014 EDISON SELECT 7014 STREET SWEEPING+EXTRA JOB 10,340.80 LEASE/MONITORING FEES 86.46 LEASE/MONITOR OCT-DEC'00 102.69 LF, ASE/MONITOR OCT-DEC'00 102.21 291.36 ~ FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... PAGE 4 AMOUNT 580281 580282 580283 580284 580285 580285 580285 580286 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580287 580288 580289 S80289 580290 580291 580291 580291 580291 580291 580292 580293 580294 580294 1020 10/06/00 1434 1020 10/06/00 240 '1020 10/06/00 1493 1020 10/06/00 248 1020 10/06/00 253 1020 10/06/00 253 1020 10/06/00 253 TOTAL CHECK 1020 10/06/00 1935 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 1020 10/06/00 260 TOTAL CHECK 1020 10/06/00 1255 1020 10/06/00 818 1020 10/06/00 818 TOTAL CHECK 1020 10/06/00 2130 1020 10/06/00 281 1020 10/06/00 281 1020 10/06/00 281 1020 10/06/00 281 1020 10/06/00 281 TOTAL C~ECK 1020 10/06/00 M2001 1020 10/06/00 M2001 1020 10/06/00 291 1020 10/06/00 291 RUN DATE 10/06/00 TIME 08:26:02 EDWARD S. WALSH CO. 6111 ELIZABETh4 ANN ELLIS 7014 EMPIRE LUMBER COMPANY 6111 ERIK'S DELI CAFE 9300 EXCHANGE LINEN SERVICE 6327 EXCHANGE LINEN SERVICE 6327 EXCHANGE LINEN SERVICE 6327 EXHIBITFX-SIGNCITY 6111 FEDERAL EXPRESS CORP 6203 FEDERAL EXPRESS CORP 6111 FEDEP3%L EXPRESS CORP 6111 FEDERAL EXPRESS CORP 6203 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 6203 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 2211 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 2211 FEDERAL EXPRESS CORP 2211 FEDERAL EXPRESS CORP 2211 FEDERAL EXPRESS CORP 6111 FEDERAL EXPRESS CORP 6111 FIRST AUTOMOTIVE DISTRIBU 6111 FLOYD D BROWN FIRST AID 7014 FLOYD D BROWN FIRST AID 7014 FUN SERVICES 7014 GARDENLAND 6111 C~E~ 6111 GARDF_/~ 6111 GARDE~ 6111 GARDENLAND 6111 GARG, PALLAVI 1113 GNU GROUP 4518 GOLDEN TOUCH LANDSCAPING 9300 GOLDEN TOUCH LANDSCAPING 9300 PARTS/SUPPLIES 79.79 TRANSCRIBE 9/27/00 MEETIN 425.00 MIS SUPPLIES AND MATERIAL 1,930.13 REFRES}~4ENTS 11.69 SUPPLIES SUPPLIES SUPPLIES 256.66 191.39 207.50 655.55 SUPPLIES & MATL 93.34 M JIMENEZ TO S NEMETZ C ATWOOD TO C_AL SOC MUNIC N NOWACK TO R STAPLETON J LOPEZ TO CPS L MILLAR TO CA INTEG WAST W KLOSKA TO D CULVER R GONZALES TO JOHN BECKER A MIIJ~ER TO M SCHATZ PETER GIUI TO L CANNON C WORDELL TO S KEYES C WORDELL TO S KEYES J DAVIS TO HYDRAULIC CNTR V GILL TO L CANNON P GILLI TO L CANNON R7930 GILLI TO CANNON R#7981 K SMITH TO K BOVAN C ATWOOD TO DOROTHY 16.26 21.84 33.42 9.66 17.56 26.26 56.82 24.84 17.56 22.50 60.20 6.66 14.44 14.44 17.56 12.21 23.66 395.89 SUPPLIES 86.00 SUPPLIES 132.60 SUPPLIES 132.60 265.20 DUNK TANK & DELIVERY 328.00 PO#10412 88.54 P0#10424 502.27 PO#10412 280.87 S]{OP SUPPLIES 211.65 SUPPLIES 22.56 1,105.89 R~C REFUND 114. O0 KEFUND-APPLICATION FEE 170.00 SAME 3,309.25 WESTLYN WAY LANDSCAPING 8,815.75 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 4/01 C~CK RE~IS~ FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT TOTAL CHECK 12,125.00 580295 1020 10/06/00 M2001 GORJESTANI, MAHMOOD 1113 REC REFUND 19.00 580296 1020 10/06/00 M2001 HALDAR, ANINDYA 1113 REC REFUND 100.00 580297 1020 10/06/00 1410 HILLYAR/) 6111 SUPPLIES 716.83 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 9300 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 580298 1020 10/06/00 1898 HORIZON 6111 TOTAL CHECK RAIN MASTER RELAY CM FROM INV#7090928-00 CM INV#7088916-01 P050575 SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES2001 OPEN PURCHAS SUPPLIES SUPPLIES SUPPLIES 35.14 -99.82 -1,184.07 275.59 1,100.84 292.06 129.91 152.17 259.51 822.17 48.29 1,831.79 580299 580299 300 580300 1020 10/06/00 336 1020 10/06/00 336 TOTAL CHECK 1020 10/06/00 2096 1020 10/06/00 2096 TOTAL CHECK HUMANE SOCIET~ OF SANTA C 7014 HUMANE SOCIETY OF SANTA C 7014 HYDRAULIC CONTROLS, INC. 6122 HYDRAULIC CONTROLS, INC. 6122 FLD SVCS FOR NOV SHELTER FIELD SVCS FOR OCT 2000 HYDRAU. FITNGS. PO#10387 CREDIT MEMO - P0#10387 5,984.00 5,984.00 11,968.00 526.42 -166.74 359.68 580301 1020 10/06/00 341 ICE CHALET 7014 SKATING CLASS #1960 798.00 580302 1020 10/06/00 2090 IKON OFFICE SOLUTIONS 6111 MAINT AGREEMENT/COPIES 332.02 580303 1020 10/06/00 1563 ING CLASSIFIEDS 7103 PAST & PRESENT AD 580303 1020 10/06/00 1563 ING CLASSIFIEDS 7103 9/19 GARAGE SALES AD TOTAL CHECK 65.72 67.00 132.72 580304 1020 10/06/00 995 INSERV COMPANY 7014 SAM~ 580304 1020 10/06/00 995 INSERV COMPANY 7014 WATER TREATMENT 580304 1020 10/06/00 995 INSERV COMPANY 7014 SAME TOTAL CHECK 159.49 159.49 159.49 478.47 580305 1020 10/06/00 2148 INT'L ASSOC. OF ELECTR. I 6111 ACCT#12950 ANNUAL DUES 580306 1020 10/06/00 2100 INTERNATIONAL SOC. OF ARB 6111 2001 DUES-DIANE MAHAN 60.00 185.00 580307 1020 10/06/00 1657 JOSEPHIME'S PERSONNEL SER 7014 R VI~BOS TEMP WE 9/10 580307 1020 10/06/00 1657 JOSEPHINe'S PERSONNEL SER 7014 SAM~ 580307 1020 10/06/00 1657 JOSEPHINE'S PERSONNEL SER 7014 R VILLALOBOS TEMP WE9/24/ 304.00 608.00 691.60 1,603.60 580308 1020 10/06/00 M2001 KAl, SAID'RI 1113 REC REFUND 114.00 :309 1020 10/06/00 369 K~LLY-MOOP, E PAINT CO INC 6111 SUPPLIES 399.23 580310 1020 10/06/00 M2001 KIM, DANIEL 1113 RECREFUND RUN DATE 10/06/00 TIME 08:26:02 86.00 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... PAGE 6 AMOUNT 580311 1020 10/06/00 371 LISA KING 580312 1020 10/06/00 372 KINKO'S INC 580312 1020 10/06/00 372 KINKO'S INC TOTAL CHECK 580313 1020 10/06/00 377 580314 1020 10/06/00 1258 580315 1020 10/06/00 2086 580316 1020 10/06/00 1821 580317 1020 10/06/00 2153 580318 1020 10/06/00 397 580318 1020 10/06/00 397 TOTAL CHECK 580319 580320 580321 580321 580321 580322 580323 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 580325 1020 10/06/00 400 1020 10/06/00 M2001 1020 10/06/00 408 1020 10/06/00 408 1020 10/06/00 408 TOTAL CHECK 1020 10/06/00 1463 1020 10/06/00 1599 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 1020 10/06/00 431 RUN DATE 10/06/00 TIME 08:26:02 7014 7103 6331 PETER KOEHLER 7011 DONNA KREY 6111 L PATRICK SAMSELL LLC 7014 JULIA LAMY 6301 LAQUINTA INN 6216 LESLIE'S POOL SUPPLIES IN 6111 LESLIE'S POOL SUPPLIES IN 6111 LIFETIME TENNIS INC 7014 LINGAM, SUDHA 1113 LOS GATOS MEAT & SMOKEHOU 6327 LOS GATOS MEAT & SMOKEHOU 6327 LOS GATOS MEAT & SMOKEHOU 6327 MAACO AUTO PAINTING & BOD 7014 MANAGED HEALTH NETWORK IN 5718 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC W~4ORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6304 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 MC WHORTER'S OFFICE PRODU 6111 DANCE INSTR. CLASS#2845 76.00 POSTERS CO~4 CONGRESS DUPLICATING 51.96 28.58 80.54 MATH-E-MAGICAL ART#3067 75.00 REIMB OF SUPPLIES 58.56 ACCTNG SVCS 9/17-9/27/00 3,966.76 BALLON FEST OCT 10-16 EXP 1,353.00 3 DAY TRNG 10/11/-10/13 211.20 PARTS SUPPLIES PARTS/SUPPLIES 500.00 280.43 780.43 TENNIS ORIG PO#29587 38,406.47 REC REFUND 20.00 SUPPLIES SUPPLIES SUPPLIES REPAIR/PAINT VEH#13 +MATL 3,303.53 3,237.49 3,072.66 9,613.68 1,708.~7 OCT.PREMIUM FOR 140 EMPL. 725.20 PO#62000 PO#16297 PO#21340 P0#7443 SUPPLIES OFFICE FURNITURE P0#16113 LP0#20789 LP0#21717 PO#21815 P0#12736 PO#21715 P0#12780 P0#15364 P0#16320 P0]:20890 POt;12735 SUPPLIES PO~12638 P0~12700 PO~10363 F0%10363 LP0:20655 23.17 54.35 33.72 23.43 65.17 2,642.38 380.00 22.57 25.05 30.26 11.24 22.43 32.71 17.73 49.34 27.14 105.52 40.84 24.16 41.10 88.57 17.73 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/01 C~CK REGISTER PAGE 7 FUND - 110 - GENERAL FT3~ CHUCK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT 580325 1020 10/06/00 431 MC WHORTER'S OFFICE PRODU 6111 580325 1020 10/06/00 431 MC W~ORTER'S OFFICE PRODU 6111 580325 1020 10/06/00 431 MC WHORTER'S OFFICE PRODU 6111 580325 1020 10/06/00 431 MC WHORTER'S OFFICE PRODU 6111 580325 1020 10/06/00 431 MC WHORTER'S OFFICE PRODU 6111 580325 1020 10/06/00 431 MC W~ORTER'S OFFICE PRODU 6111 TOTAL CHECK ....... DESCRIPTION ....... P0#16113 LP0#16315 SUPPLIES LP0#21334 PO#20593 LP0#20790 AMOUNT 36.76 58.77 92.50 15.59 48.50 18.01 4,048.74 580326 1020 10/06/00 M2001 MEDAL, EDDY 2211 580327 1020 10/06/00 437 METRO NEWSPAPERS 6201 580328 1020 10/06/00 455 HEATHER MOLL 7011 580329 1020 10/06/00 465 MOUNTAIN VIEW GARDEN CENT 9300 580330 1020 10/06/00 2149 NATIONAL GOLF FOUNDATION 6226 580331 1020 10/06/00 2147 NATIONAL INFORMATION DATA 6111 580332 1020 10/06/00 479 NATURES WOOD 6327 580333 1020 10/06/00 1550 ADONIS L NECESITO 7013 '~-""34 1020 10/06/00 480 NELSEN ENGINEERING 9300 REC REFUND PROJ 9412 & 9438 CHILD CLASS #1369/1355 P0#10450 SUPPLIES MEMBERSHIP 9HOLES RENEWAL ZIP CODE DIRECTORY SUPPLIES 9/29/00 PROF SERVICES 9/18-10/1 S CREEK/FOOTHILL IMPROVE 500.00 175.00 1,245.00 437.60 90.00 46.90 308.51 290.00 28,120.00 580335 1020 10/06/00 1767 NATASHA NOWACK 6216 MEAL ALLO FOR ESRI TRNG 152.00 580336 1020 10/06/00 499 580337 1020 10/06/00 500 580337 1020 10/06/00 500 580337 1020 10/06/00 500 TOTAL CHECK DEBBIE O'NEILL 7014 OPERATING ENGINEERS PUB & 2128 OPERATING ENGINEERS PUB & 5720 OPERATING ENGINEERS PUB & 5720 PERFOPJ~ER 9/29/00 H&W PW EMP 8 · 733 (+108) H&W PW RETIRED/SPOUSAL H&W PW-O.RIVERA/RETIREE 360.00 5,972.00 3,125.00 625.00 9,722.00 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 580338 1020 10/06/00 981 ~ '38 1020 10/06/00 981 38 1020 10/06/00 981 580338 1020 10/06/00 981 TOTAL CHECK RUN DATE 10/06/00 TIME 08:26:02 ORCH~ SUPPLY }~WA~ 6111 ORC/4ARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY ~%RDW;tRE 6111 ORCHARD SUPPLY HARDWARE 6111 ORC~h%RD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORC~L%RD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARD~%%RE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWAR~ 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 ORCHARD SUPPLY HARDWARE 6111 PO#14069 99.12 LP0#15986 32.27 LPO#21553 7.56 LPO#10692 35.65 LPO#1S985 27.52 LP0#20772 35.93 LPO#16039 31.30 LPO#21000 48.12 LPO#20996 21.61 PO#10377 445.94 P0#10352 221.99 P0#10349 333.35 LPO#20795 32.77 LPO#15987 38.94 PO#10371 109.18 RET FROM INV#5476496 .-32.45 LP0#14554 30.26 PO#10399 210.72 PO#10390 138.83 PO#16410 21.22 1,889.83 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... PAGE 8 AMOUNT 580339 1020 10/06/00 1674 ORECK COBg~ERCIAL DIVISION 6111 580340 1020 10/06/00 M2001 ORLANDO, LEO 1113 580341 1020 10/06/00 507 DAN OSBORNE DBA:OSBORNE E 9400 580341 1020 10/06/00 507 DAN OSBOR~ DBA:OSBORNE E 9100 580341 1020 10/06/00 507 DAN OSBOP, I~E DBA:OSBORi~ E 7014 580341 1020 10/06/00 507 DAN OSBORNE DBA:OSBORNE E 9100 580341 1020 10/06/00 507 DAN OSBORNE DBA:OSBORNE E 9100 580341 1020 10/06/00 507 DAN OSBORNE DBA:OSBORNE E 6111 TOTAL CHECK 580342 1020 10/06/00 508 P E R S - H~ 2128 580342 1020 10/06/00 508 P E R S - HEALTH 5720 580342 1020 10/06/00 508 P E R S - HEALTH 7021 TOTAL CHECK 580343 1020 10/06/00 515 PACIFIC WEST SECURITY INC 7014 580343 1020 10/06/00 515 PACIFIC NEST SECURITY INC 7014 580343 1020 10/06/00 515 PACIFIC NEST SECURITY INC 7014 TOTAL CHECK 580344 1020 10/06/00 1952 PAPA 580345 1020 10/06/00 1099 580346 1020 10/06/00 526 580346 1020 10/06/00 526 580346 1020 10/06/00 526 580346 1020 10/06/00 526 580346 1020 10/06/00 526 580346 1020 10/06/00 526 580346 1020 10/06/00 526 TOTAL CHECK 580347 1020 10/06/00 1494 580347 1020 10/06/00 1494 TOTAL CHECK 580348 1020 10/06/00 545 580349 1020 10/06/00 2139 580350 1020 10/06/00 560 580351 1020 10/06/00 2105 580352 1020 10/06/00 563 580353 1020 10/06/00 M2001 580354 1020 10/06/00 M2001 580355 1020 10/06/00 605 RUN DATE 10/06/00 TIME 08:26:02 PAVEMENT ENGINEERING INC 7011 7016 ~NINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 2211 PENINSULA BLUEPRINT 9300 PENINSULA BLUEPRINT 6111 PENINSULA BLUEPRINT 2211 PENNY SAVER 7103 PENNY SAVER 7103 JEFF PISERCHIO 7014 POSITIVE PROMOTIONS 2223 PUBLIC DIALOGUE CONSORTIU 7014 QUINLAN PUBLISHING 6111 R & R PRODUCTS INC 6111 RECINE, ~EBBIE 1113 ROORDA, KIM 1113 RUSS ENTERPRISES INC 6111 COMMERCIAL UPRIGHT VC 183.00 REC REFUND 85.00 PROG PMNT #4 CONDUIT CH MEMORIAL PK RECEPTACLE 10V OUTLET REPAIR INST NEW RECEPTACLE PEDES REMOVE PUMP FOR REPAIRS PONER FOR NEW DATA EQUIP 2,367.00 2,650.00 385.00 1,682.52 1,800.00 1,332.61 10,217.13 OCT. HEALTH PREMIUM OCT. HEALTH PREMIUM OCT. HEALTH PREMIUM 40,118.25 19,687.73 300.65 60,106.63 3479 ACCESS SYS QTR P~TI 3479 ACCESS SYS QTR PMNT 3479 ACCESS SYS QTR PMNT 98.00 98.00 98.00 294.00 #15944 RENEWAL MEMBERSHIP 27.00 ENGINEERING SVCS 35,130.00 R#7405 4/25/00 $1683.63 R#8185 NAM VAR PAVVIZ R#7989 8/21/00 $1000 R#7405 4/25/00 $1683.63 DE ANZA RACQUET CLUE IMPR B;ACKLINE PRINTS R#8185 NAMVAR, PAVVIZ 180.05 16.24 464.37 8.12 99.94 10.39 288.54 1,067.65 3037 3043 3044 C~E SALE 2%]3 9/13 9/20 232.54 522.08 754.62 CONTRACT 9/20-10/3/00 1,790.00 10 ROLLS OF STICKERS C0~IT~ P~C ~Y20o~/ol 134.62 50,000.00 RENEWAL 9/12/00 12+2 ISSU 74.78 R&R TIRE TURFSAVER 289.08 REC REFUND 24.50 REC REFUND 47.00 SUPPLIES 471.97 - FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO PAGE 9 ACCOtTNTING PERIOD: 4/01 CHECK R.EGIST~R ~ ~ - 110 - GENERAL FUND CHECK NUMBER CASH ACCT 580356 1020 10/06/00 633 580357 1020 10/06/00 M2001 580358 1020 10/06/00 M2001 580359 1020 10/06/00 1916 580360 1020 10/06/00 2162 580361 1020 10/06/00 M2001 580362 1020 10/06/00 2051 580363 1020 10/06/00 2016 580363 1020 10/06/00 2016 TOTAL CHECK 580364 1020 10/06/00 1910 580365 1020 10/06/00 658 580366 1020 10/06/00 1954 ~a67 1020 10/06/00 2150 580368 1020 10/06/00 2158 580369 1020 10/06/00 529 580369 1020 10/06/00 529 580369 1020 10/06/00 529 TOTAL CHECK 580370 1020 10/06/00 1178 580371 1020 10/06/00 695 580371 1020 10/06/00 695 TOTAL CHECK 580372 1020 10/06/00 696 580372 1020 10/06/00 696 580372 1020 10/06/00 696 580372 1020 10/06/00 696 580372 1020 10/06/00 696 580372 1020 10/06/00 696 TOTAL CHECK 580373 1020 10/06/00 698 580374 1020 10/06/00 700 580375 1020 10/06/00 M2001 76 1020 10/06/00 1784 580377 1020 10/06/00 1554 RUN DATE 10/06/00 TIME 08:26:02 DATE ISSUED .............. VENDOR .............. ACCT SANTA CLARA COUNTY SHERIF 7052 SCHIERMAN, CYNTHIA 1113 SHAR~4A, MANJU 1113 CAROL SHEPHERD 6216 SHRED WORKS/RECYCLING WOR 7014 SHYU, MENQ-YU 1113 SIADAT F2~fERPRISES, INC. 7014 SIEMENS BUILDING TECHNOLO 7014 SIEMENS BUILDING TEC~NOLO 7014 SILICON SHORES INC 7014 SILVERADO SPRINGS BOTTLED 6111 SPHERION CORPORATION 5510 STANFORD GERIATIC EDUCATI 6307 ALAYNE STIEGLITZ 4811 SUNGARD PENTAMATION, INC. 7014 SUNGARD PENTAMATION, INC. 7014 SUNGARD PENTAMATION, INC. 7014 SELMA SUZUKI 7011 SYSCO FOOD SERVICES OF SF 6327 SYSCO FOOD SERVICES OF SF 6327 TADCO SUPPLY 6111 TADCO SUPPLY 6111 TADCO SUPPLY 6111 TADCO SUPPLY 6111 TADCO SUPPLY 6111 TADCO SUPPLY 6111 TALLY'S ENTERPRISES 7014 TARGET SPECIALTY PRODUCTS 6111 TEHRANI, KEIVAN 2211 TOP GRADE CONSTRUCTION 9300 TRANSAMERICA INTELLITEC~ 7013 ....... DESCRIPTION ....... SECURITY SEP 9-17 9/29/00 REC REFUND REC REFUND REIMB FOR REFRES~D~ENTS SHREDG 2000 CENSUS CD'S REC REFUND 54 CARWASH FOR AUG.'00 LABOR & MAT'L LABOR & MAT'L YOUTH SAILING CLASS#1404 18 BOTTLED WATER JUDY GEORGE WE 9/17/00 J BADDELY/CM TRAINING ORIG CK#50157 P/R 9/29/00 REMOTE/MODEM TECH SVCS SOFTWARE SUPT 10/1/00-01 TECH SVC 5/19-6/15 COMPULS EAT CLASS#3037 SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES RECONST OF G~-i'ERS,CURBS SUPPLIES RECREFUND INSTALL TWO STREET PRINT NOV ANNUAL UPDATE METROSC AMOUNT 723.55 97.00 19.00 80.00 35.00 22B.00 351.00 456.67 317.50 774.17 270.00 99.00 1,080.00 45.00 554.64 687.50 81.18 187.50 956.18 92.00 3,927.02 3,489.02 7,416.04 121.92 121.92 121.93 121.92 121.93 121.93 731.55 57,930.21 364.49 500.00 12,196.00 2,350.00 FINANCIAL ACCOUNTING 10/06/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/01 CHECK REGISTER FUND - 110 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. 580378 1020 10/06/00 M2001 580379 1020 10/06/00 727 580379 1020 10/06/00 727 580379 1020 10/06/00 727 TOTAL CHECK 580380 1020 10/06/00 732 580381 1020 10/06/00 M2001 580382 1020 10/06/00 738 580382 1020 10/06/00 738 580382 1020 10/06/00 738 TOTAL CHECK 580383 1020 10/06/00 2164 580384 1020 10/06/00 1967 580385 1020 10/06/00 750 580386 1020 10/06/00 745 580387 1020 10/06/00 M2001 580388 1020 10/06/00 1329 580389 1020 10/06/00 761 580389 1020 10/06/00 761 TOTAL CHECK 580390 1020 10/06/00 782 580391 1020 10/06/00 794 580391 1020 10/06/00 794 580391 1020 10/06/00 794 580391 1020 10/06/00 794 580391 1020 10/06/00 794 580391 1020 10/06/00 794 580391 1020 10/06/00 794 TOTAL CHECK 580392 1020 10/06/00 795 580393 1020 10/06/00 1558 TOTAL FUND ACCT TROGISCH, ERNA 2211 U S POSTM~%STER 6114 U S POSTMASTER 6114 U S POSTMASTER 6114 UNIVERSAL TRUCK EQUIP INC 9400 VALKANOFF, RITA 1113 VALLEY OIL COMPANY 6123 VA?,T.~Y OIL COMPANY 6123 VALLEY OIL COMPANY 6123 VASSAR PHOTOGRAPHY 6301 VAST PETROLEUM EQUIPMENT 7014 VISION SERVICE PLAN (CA) 2131 VMI INC 9400 WANG, MING 1113 VICENT WANG 7013 WEDEMEYER BAKERY 6327 WEDEMEYER BAKERY 6327 TRAVICE WHITTEN 9300 XEROX CORPORATION 6111 XEROX CORPORATION 7013 XEROX CORPORATION 7013 XEROX CORPORATION 6111 XEROX CORPORATION 6111 XEROX CORPORATION 6111 XEROX CORPORATION 6111 TOTAL REPORT XEROX CORPORATION (/794) 7013 JOSE ZUNIGA JR 7014 ....... DESCRIPTION ....... REC REFUND 2 ROLLS OF STAMPS 2 ROLLS OF STAMPS 2 ROLLS OF STAMPS PART OF NEW VEHICLE #61 REC REFUND FUEL SUPPLIES FUEL SUPPLIES FUEL SUPPLIES CREDIT 2 PHOTOS FOR SENIOR CTR SERVICE 141 EMPLOYEES @13.90 INS. MEGA DRIVE HARD DRIVES REC REFUND CUPERTINO RM PIANO TUNING SUPPLIES SUPPLIES SVCS FOR SR SVC CTR PROJ REDORDER#003R06296 8.5/11 AUG CHGS FOR DUPLICATOR JULY CHARGES FOR DUPLICAT AGR#3R05305/6297/6296 30% RECYCLED 30 QTY AGR#3R05305/6297/6296 11X17" 305 RECYCLED S#52K-301117 5100 C~PIER SECURITY-QCC 9/17 & 9/23 PAGE 10 AMOUNT 500.00 66.00 66.00 66.00 198.00 4,303.68 389.00 3,349.14 3,068.89 -54.13 6,363.90 20.00 1,000.00 1,959.90 14,345.29 32.00 70.00 432.62 524.35 956.97 4,294.87 1,068.43 1,079.98 1,066.33 62.89 1,068.43 724.19 193.23 5,263.48 926.04 195.00 579,806.03 579,806.03 RUN DATE 10/06/00 TIME 08:26:02 - FINANCIAL ACCOUNTING RESOLUTION NUMBER 0o-258 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON SEPTEMBER 29, 2000 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 firom the funds set forth: GROSS PAYROLL $359,452.17 Less Employee Deductions $(117,082.45) NET PAYROLL $242,369.72 Payroll cheek numbers issued 49997 through 50212 Void check numbers 49781 through 49996 Di~tor of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of ,2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPE INO PARKS AND RECREATION DEPARTMENT SUMMARY Agenda Item 5 Agenda Date: October 16, 20000 SUBJECT AND ISSUE Request from Cupertino Community Services for waiver of use fees for sponsored Celebration Potluck to be held at the Quinlan Community Center. BACKGROUND Cupertino Community Services' Rotating Shelter Program holds a Celebration Potluck every year. The Cupertino Community Services is requesting waiver of the use fees. Although this request is not compliant with the council's fee waiver policy, the nature of the event is consistent with council goals. In such cases, council has historically waived the room rental charges, but not staff expenses. The organization will be responsible for approximately $109.25 for staff costs for both events. STAFF RECOMMENDATION City Council consider waiving the room rental fees in the approximate amount of $420.00 for both events - October 22, 2000 and September 9, 2001. Cupertino Community Services will be responsible for $109.25 for staff costs for both events. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Carol Atwood, Director Administrative Services David Knapp, City Manager Printed on Recycled PaDer CUPEI~TINO COMMUNITY SERVICES. INC. October 3, 2000 City Council City Hall 10300 Torte Ave, Cupertinoj CA 9501.4.. ....... Attn: City Clerk Dear Friends, Faith in Action, a partner of Cupertino Community Services Rotating Shelter Program, holds a Celebration Potluck every year. We have scheduled the 2000 and 2001 potluck at the Quinlan Community Center. We request that the City of Cupertino waives the event fee of $40 an hour. The events are scheduled as follows: · Sunday, October 22,2000 from 6:00 -8:00 pm · Sunday, September 9, 2001 bom 6:00 -8:00 pm We appreciate the City's support in our effort to bring services to community members. Please call me if you have any questions or concerns. si e y, //Executive Direcg~f' 1010S N. ~I~.LLINO RD (408) 2Sg-80:33 I=~,X (408) 366-6090 CITY 01: C CUPEI INO Quinlan Center Rental Contract I Permit City of Cupertino Parks and Recreation Department 10185 North Stelling Road Cupertino, CA 95014 Phone: (408) 777-3120 Fax: (408) 777-3137 Printed: 13-Apr-O0, 1:14PM User. rebeccas Contract~ 469 User: HEATHERJ Date: 27-Mar-00 Status: Firm city of Cupertino Parks and Recreation Department hereby grants CCS/CUPERTINO COMMUNITY SERVICES (hereinafter called the "Licensee") represented by MARY ELLEN CHELL, permission to use the Facilities as ouffined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. i) Purpose of Use ii) Conditions of Use iii) Date and Times of Use Facility Quinlan Community Center - Cupertino Room _ Private Event CCS RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU. # of Bookings: 1 Starting: Sun 22 Oct 00 05:00 pm Expected: 200 Ending: Sun 22 Oct 00 10:00 pm Day Start Date Start Time End Date End Time Fee Extra Fee Tax Total Sun 22-Oct-00 05:00 PM 22-Oct-00 10:00 PM $0.00 $57.00 $0.00 $ 57.00 iv) Additional Fees Extra Fee - Bookings Quantity Hours Charge Staffing 1 6:00 $57.00 1 6:00 $57.00 in consideration for the acceptance of my application for participation in or presence at the aformentioned activity, I HEREBY WAIVE, RELEASE AND DISCHARGE, the Cupertino Parks and Recreation Department, the Cupertino Public Facilities Corporation, the City of Cupertino and the County of Santa Clara, their agents and employees FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY LOSS, PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE THAT MAY HAVE ARISEN OUT OF, OR IN ANY WAY CONNECTED W1TH, MY PARTICIPATION OR PRESENCE AT THE AFOREMENTIONED EVENT, EVEN THOUGH THAT LIABILITY MAY HAVE ARISEN OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF THE PERSONS OR ENTITIES MENTIONED ABOVE THE HEREIN RELEASED, BUT DO NOT RELEASE THE ABOVE MENTIONED PERSONS OR ENTITIES FROM THEIR FRAUDULENT OR INTENTIONAL ACTS OR FOR THEIR NEGLIGENT VIOLATIONS OF STATUTORY LAW, Furthermore, I assume all responsibility and agree to indemnify the City of Cupertino for any loss, damage or injury to myself or my property which may ham been caused by negligence, or any act, of any person connected in any way with the aforementioned event. I understand that the City of Cupertino does not guarantee the constn~ction, condition, or safety of the facilities or the equipemnt and that this Release Agreement is to be binding on me, my heirs and assigns. X: MARY ELLEN CHELL CCS/CUPERTINO COMMUNITY SERVICES 10185 N STELLING RD CUPERTINO CA 95014 Home #: Business #: 255-8033 Fax #: X: JULIA A. LAMY RECREATION SUPERVISOR City of Cupertino Parks and Recreation Department Date Approved: Staff Reviewed: Page' 1 of 2 CITY OF CUPEI TINO Quinlan Center Rental Contract / Permit City of Cupertino Parks and Recreation DePartment 10185 North Stelling Road Cupertino, CA 95014 -. Phone: (408) 777-3120 Fax: (408) 777-3137 Printed: 13-Sep-O0, 12:22PM User. rebeccas Contrac~t#: 937 User: meghannm Date: 13-Sep-00 Status: Firm City of Cupertino Parks and Recreation Department hereby grants CCS/CUPERTINO COMMUNITY SERVICES (hereinafter called the "Licensee") represented by DAVID HENNING, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. i) Purpose of Use ii) Conditions of Use iii) Date and Times of Use Facility Quinlan Community Center- Cupertino Room Private Event CUPERTINO COMMUNITY SERVICES RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU. # of Bookings: 1 Starting: Sun 09 Sep 01 04:30 pm Expected: 300 Ending: Sun 09 Sep 01 09:00 pm Day Start Date Start Time End Date End Time Fee Extra Fee Tax Total Sun 09-Sep-01 04:30 PM 09-Sep-01 09:00 PM $0.00 $52.25 $0.00 $ 52.25 iv) Additional Fees Extra Fee - Bookings Quantity Hours Charge Staffing 1 5:30 $52.25 I 5:30 $52.25 In consideration for the acceptance of my application for participation in or presence at the afom~entioned activity, I HEREBY WAIVE, RELEASE AND DISCHARGE, the Cupertino Parks and Recreation Departrnent~ the Cupertino Public Facilities Corporation, the City of Cupertino and the County of Santa Clara, their agents and employees FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY LOSS, PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE THAT MAY HAVE ARISEN OUT OF, OR IN ANY WAY CONNECTED WITH, MY PARTICIPATION OR PRESENCE AT THE AFOREMENTIONED EVENT, EVEN THOUGH THAT LIABILITY MAY HAVE ARISEN OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF THE PERSONS OR ENTITIES MENTIONEDABOVE THE HEREIN RELEASED, BUT DO NOT RELEASE THE ABOVE MENTIONED PERSONS OR ENTITIES FROM THEIR FRAUDULENT OR INTENTIONAL ACTS OR FOR THEIR NEGLIGENT VIOLATIONS OF STATUTORY LAW, Furthermore, I assume all responsibility and agree to indemnify the City of Cupertino for any loss, damage or injury t~ myself or my property which may have been caused by negligence, or any act, of any person connected in any way with the aforementioned event. I understand that the City of Cupertino does not guarantee the construction, condition, or safety of the facilities or the equipemnt and that this Release Agreement is to be binding on me, my helm and assigns. X: DAVID HENNING A. OCS/CUPERTINO COMMUNITY SERVICES RECREATION SUPERVISOR STELLING RD City of CupeAino Parks and R~reation~epaAment 1 01 85 N Home ~: Bushess ~: 25~33 Date Approved: Fax~: ~, ~ '.~ate: Staff Reviewed: t~ ~ ~- Page: 1 of 2 CITY OF CLJPEi INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 6 AGENDA DATE October 16, 2000 SUBJECT AND ISSUE Resolution No. 259: Authorizing Execution of Agreement with the County of Santa Clara for Adult Crossing Guard Services. BACKGROUND Garden Gate Elementary School is in an unincorporated area of Cupertino. The County of Santa Clara has determined that an adult crossing guard is necessary at the intersection of Stelling Road and Greenleaf Drive. The City has an on-going program that provides adult crossing guard services for elementary and middle schools. The County of Santa Clara will reimburse the City for actual costs for a sum not to exceed $7,900.00. The City is responsible for employing an adult crossing guard only if City can find and maintain a qualified individual. STAFF RECOM1VIENDATION Staff recommends that the City Council adopt Resolution No. 259, authorizing execution of an agreement for adult crossing guard services with the County of Santa Clara. Submitted by: La~enia Miilar 'u~lli Acting Director of P c Works Approved for submission: David W. Knapp City Manager Printed on Recvcted Paoer RESOLUTION NO. 00-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO FOR ADULT CROSSING GUARD SERVICES WHEREAS, there has been presented to the City Council an Agreement between the County of Santa Clara and the City of Cupertino for Adult Crossing Guard Services; and WHEREAS, the provisions, terms, and conditions of the aforementioned amendment to agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City. Council of the City of Cupertino hereby authorizes the Mayor and the City Clerk to execute said 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 16th day of October, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino AGREEMENT BY AND BETWEEN THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA FOR ADULT CROSSING GUARD SERVICES This Agreement is made and entered this day of~ 2000, by and between the City of Cupertino, a municipal corporation ("City") and the COUNTY OF SANTA CLARA, a political subdivision of the State ("County"), and is made with respect to the following facts and circumstances: RECITALS City and County desire to place an Adult Crossing Guard at the intersection of Stelling Road and Green Leaf Drive in the unincorporated area within the City of Cupertino for a period of one year beginning in August of 2000 ending July, 2001. Co The total cost of the Adult Crossing Guard services shall not exceed $7,900, and shall be paid by the County. City is responsible for employing Adult Crossing Guard only if City can find and maintain a qualified individual at actual costs for the Adult Crossing Guard position. AGREEMENT Job Description: City shall employ and supervise Adult Crossing Guard who shall perform the following duties: · Control vehicular traffic at the intersections of Stelling Road and Green Leaf Drive crosswalks in order to permit school children to cross the street safely when going to or returning from school. Agrccmcnt by and bctw¢cn.doc · Protecting children by keeping them from entering and crossing the street until traffic has been halted. · May report violations of motorists failing to stop when directed. Cost Reimbursement. County of Santa Clara will reimburse the City for actual cost of providing available personnel in the performance of Adult Crossing Guard at the current salary range, including any increases that occurs over the time of this Agreement. Said reimbursement shall not exceed the sum of $7,900.00. Records and Accounts. The City will submit all time sheets to indicate dates and time of services. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter covered hereby, and no other agreement, statement or promise made by any party, or made to any employee, officer or agent of any party with respect to such matters covered shall be binding. o Partial Invalidity. If any term of this agreement is held by a court of COmpetent jurisdiction to be void or unenforceable, the remainder of the contract temps shall remain in full force and effect and shall not be affected. Agrccmcnt by and bctwccn.doc Governing Law. The parties agree that the law governing this Agreement shall be that of the State of California. Compliance with Laws. Each party shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government in rendering performance under this Agreement. Indemnification. City agrees to defend, indemnify and hold harmless County, its officers, employees and agents agains.t any claim, loss or liability including attorney fees arising out of or resulting in any from or related to this Agreement, or work or other things done pursuant to this AGREEMENT, due, in part to the actions or omissions of its officers, employees, consultants, guests, invitees or agents, including those persons employed as Adult Crossing Guards. City shall, at its own expense, maintain a program of self-insurance and/or insurance for general liability in the amount of at least one million dollars. City shall also provide all required workers' compensation coverage for the Adult Crossing Guards at City expense. 10. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: Agrecmcnt by and bctwccn.doc To City: Director, Public Works City of Cupertino 10300 Toree Avenue Cupertino, CA 95104-3255 To County: Director, Roads and Airports Department 101 Skyport Drive San Jose, CA 95110-1302 11. 12. Venue. In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara. Amendments. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. APPROVED AS TO FORM: "City" CITY OF CUPERTINO, a municipal Corporation Charles Kilian City Attorney APPROVED AS TO FORM AND LEGALITY: Name: BRIAN CARR Title: Deputy County Counsel By Ralph Quails Director of Public Works "County" THE COUNTY OF SANTA CLARA, a political subdivision of the State of California By Name: MICHAEL MURDTER Title: Director of Roads and Airports Agr¢cmcnt by and bctwccn.doc CITY OF SAN JOS :, CALIFORNIA Office of the City Clerk 801 North First Street, Room 116 San Jos~, California 95110 Telephone (408) 277-4424 FAX (408) 277-3285 PATRICIA L O'HEARN October 4, 2000 city Clerk City of Cupertino Kimberly Smith, City Clerk 10300 Torre Ave. Cupertino, CA 95014 RE: Amended and Restated Agreement to Provide Local Law Enforcement Agency Access to the California Identification System. Enclosed is a copy of the subject agreement and one extra copy of the signature page that contains your Agency's signature block. This amendment allows the Cai-ID system to be operated from year to year without being subject to annual amendment, formalizes the existence and regulates the use of reserve funds, and updates the agreement_ Please have the agreement approved by your Council/Board and executed by an authorized official of your Agency. The agreement also requires approval as to form by your Attorney. After execution, return the single signature page to me at the address listed above. Following approval and execution by all Agencies, we will compile a master of the executed counterpart signature pages and provide you with a copy. Thank you for your assistance. (408) 277-4428. Encl. If you have questions, please call me at Leona Bishop, Analyst Legal Support Division RESOLUTION NO. 00-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AMENDED AND RESTATED AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM WHEREAS, there has been presented to the City Council an amended and restated agreement between the County of Santa Clara, the City of Campbell, the City of Cupertino, the City of Gilroy, the City of Los Altos, the Town of Los Altos Hills, the Town of Los Gatos, the City of Milpitas, the City of Monte Sereno, the City of Morgan Hill, the City of Mountain View, the City of Palo Alto, the City of San Jose, the City of Santa Clara, the City of Saratoga, and the City of Sunnyvale to provide local law enforcement agencies access to the California Identification System; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the Director of Administrative Services and the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to execute said 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 16th day of October 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino JRG:CBM 9/?.9/99 AMENDED AND RESTATED AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM THIS AMENDED AND RESTATED AGREEMENT is made and entered into this. ~ day of ~~_~z3:;z.V, 2000, by and between the COUNTY OF SANTA CLARA, a county of the State of California (hereinafter "County"), the CITY OF CAr",PBELL, a municipal corporation, the CITY OF CUPERTINO, a municipal corporati,-)n, '.he CITY OF GILROY, a municipal corporation, the CITY OF LOS ALTOS, a municipal corporation, the TOWN OF LOS ALTOS HILLS, a municipal corporation, the TOWN OF LOS GATOS, a municipal corporation, the CiTY OF MILPITAS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, the CITY OF MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal corporation, the CITY OF PALO ALTO, a municipal corporation, the CITY OF SAN JOSE, a municipal corporation, the CITY OF SANTA CLARA, a municipal corporation, the CITY OF SARATOGA, a municipal corporation, and the CITY OF SUNNYVALE, a municipal corporation (hereinafter collectively referred to as "Incorporated Cities"). RECITALS WHEREAS, on April 26, 1988, the County and the Incorporated Cities entered into an agreement entitled "Agreement to Provide Local Law Enforcement Agency Access to the California Identification System" ("AGREEMENT"); and WHEREAS, since the date of the AGREEMENT, the County and the Incorporated Cities have entered into eleven amendments to the AGREEMENT to m0di~-fy various terms and extend the term of the amended AGREEMENT through June 30, 2000; and WHEREAS, the County and the Incorporated Cities desire to amend and restate the terms of the amended AGREEMENT in order: (1) to allow the California Identification AMENDED AND RESTATED AGREEMENT 021700.8;x: JRG:CBM 9/29/99 System to be operated from year to year without being subject to annual amendment, (2) to formalize the existence and regulate the use of the reserve fund that has accumulated since 1988; and (3) to update the AMENDED AND RESTATED AGREEMENT ("AMENDED AND RESTATED AGREEMENT"). NOW, THEREFORE, the County and Incorporated Cities agree that the AMENDED AND RESTATED AGREEMENT will state as follows: SECTION 1. PURPOSE The purpose of this AMENDED AND RESTATED' AGREEMENT is to maintain the existing Local ID System within Santa Clara County, which provides coordinated county wide access to the California Identification System ("CAL-ID System"); to authorize procedures allowing local law enforcement agencies within Santa Clara County direct access to the CAL-ID System for fingerprint identification; to allocate equitably among the parties the costs of maintaining the Local ID System within Santa Clare County. SECTION 2. TERM OF AMENDED AND RESTATED AGREEMENT The term of this AMENDED AND RESTATED AGREEMENT shall commence on July 1, 2000 and shall continue in effect until terminated pursuant to the terms of Section 13. SECTION 3. Ao LOCAL POLICY BOARD Pursuant to California Penal Code Section 11112.4, a local, remote access network board, known as the "Santa Clara County CAL-ID RAN Policy Board" ("Local Policy Board"), has been established, which is currently composed of the following members: a member of the Board of Supervisors, the Sheriff, the District Attorney, the Chief of Police of the department having the'largest number of sworn personnel within the county, a Chief of Police selected by all of the Police Chiefs within the cOunty, a Mayor selected by the City Selection Committee established pursuant to California Government Code Section 50270, and a member-at-large chosen by the other members. AMENDED AND RESTATED AGREEMENT 2 JRG:CBM 9/29/99 Bo Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall: Establish policies and procedures necessary to implement the purposes of this AMENDED AND RESTATED AGREEMENT; Establish a budget and approve expenditures consistent with the terms of this AMENDED AND RESTATED AGREEMENT; Determine and coordinate the purchase, acceptance, placement, installation, use, maintenance, replacement, disposition of, and all other matters conceming all local remote access network equipment ("local RAN equipment") within the County, adhering to the policy guidelines and procedures adopted by the California Department of Justice. Develop procedures to regulate the ongoing use and maintenance of the local RAN equipment adhering to the policy guidelines and procedures adopted by the California Department of Justice; and o Determine the placement of personnel funded by the Local ID System. SECTION 4. ADMINISTRATION The City of San Jose has been and shall continue to be the general administering agency for the Local ID System. The City of San Jose has been and shall continue to provide fiscal management of the Local ID System fund and expenditures, including, but not limited to: (1) establis.hing the interest-bearing accounts pursuant t(~ Section 8 into which shall be deposited all'funds received under this AMENDED AND RESTATED AGREEMENT and from which shall be paid all costs and expenses incurred under this · AMENDED AND RESTATED AGREEMENT; (2) billing each party for that party's share of the costs under this AMENDED AND RESTATED AGREEMENT; (3) providing each of the parties and the Local Policy Board with periodic reports and an annual financial AMENDED ,a~ND RESTATED AGREEMENT 021700.dCX: 3 JRG:CBM 9/29/99 report at the end of each fiscal year; and (4) payment of all Local Policy Board expenses. SECTION 5. FUNDING The parties to this AMENDED AND RESTATED AGREEMENT shall pay the costs of the Local ID System, with the exception of the City of San Jose, which shall make non- cash contributions to the System in lieu of direct cash contributions. SECTION 6. PAYMENTS A. Costs. Cost components of the local automated fingerprint identification system ("Local ID System') in Santa Clara County include: (i) new equipment costs; (ii) annual operating costs, and (iii) miscellaneous costs related to the operation of the Local Cai-ID System not included in Subparagraphs (i) and (ii). For purposes of this AMENDED AND RESTATED AGREEMENT, "annual operating costs" shall include, but not be limited to, the costs of personnel, supplies, materials, utilities, maintenance, repair, training and other costs incurred in the annual operation of the Local ID System. Bo Allocation of Costs 1. City of San Jose In-Kind Contribution. The City of San Jose shall not be required to pay any portion of the costs set forth in Section A, but shall instead provide in-kind contributions by acting as the general administering agency and fiscal agent for the Local ID System as set forth in Section 4 and provide City of San Jose employees to operate the Local ID System. The City's in-kind contribution to the Local ID System is contingent upon annual appropriations by the City of San Jose City Council.: Payments by All Parties Except the City of San Jose. All costs of the Local ID System as set forth in Subsection A, above, shall be allocated among the Parties to the AMENDED AND RESTATED AGREEMENT, with the exception of the City of San Jose, based on each party's percentage share AMENDED AND RESTATED AGREEMENT 021700.~ 4 JRG:CBM 9/29/99 of the total population of all agencies participating in the System, not including the population of the City of San Jose. The population figures used for allocating these costs shall be established by the most recent State of California Department of Finance Population Estimates. For the purpose of this AMENDED AND RESTATED AGREEMENT, the County's share of population shall be the population of the unincorporated area of Santa Clare County. Payments Nonrefundable. Payments made pursuant to this AMENDED AND RESTATED AGREEMENT shall be nonrefundable and shall not be returned to any party unless all parties agree to terminate this AMENDED AND RESTATED AGREEMENT and to discontinue the Local ID System in Santa Clara County. SECTION 7. AFIS SYSTEM CONTRIBUTION TO LOCAL ID SYSTEM A. On May 20, 1997 the City of san Jose and the County of Santa Clara entered into a Memorandum of Understanding Regarding the Acquisition and Operation of the Automated Fingerprint Identification System Between the City of San Jose and the County of Santa Clara ("AFIS MEMORANDUM OF UNDERSTANDING'). Under the terms of the AFIS MEMORANDUM OF. UNDERSTANDING the Local ID System is allowed to use the AFIS System in order to fulfill its responsibilities under this AMENDED AND RESTATED AGREEMENT. The funding, ownership, operation, and control over the AFIS System is determined according to the terms of the AFIS MEMORANDUM OF UNDERSTANDING an.d not by the .terms of this AMENDED AND RESTATED AGREEMENT. SECTION 8. ANNUAL BUDGET AMENDED AND RESTATED AGREEMENT 021700.¢10¢ 5 JRG:CBM 9/29/99 Prior to the commencement of any fiscal year, the City of San Jose shall estimate the costs for that fiscal year. The estimated annual budget shall be approved, disapproved or amended by the Local Policy Board. On or before May 1 of the preceding fiscal year, the City of San Jose shall notify each party of its share of the estimated costs for the succeeding year, which shal.I be allocated among the parties in the manner prescribed in Section 6, above. Payments required to be paid under this Section shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, on or before July 15 of the fiscal year for which the payments are due. Interest Bearin.q Trust Accounts. Payments shall be deposited in interest- bearing trust accounts maintained by the City of San Jose for benefit of the Local ID System, with any eamed interest being applied to the account. The City of San Jose shall serve as the trustee of the accounts and shall have the authority to deposit and withdraw funds from the accounts to pay for costs according to the annual budget approved by the Local Policy Board. Reserve Fund. The Local Policy Board has since 1988 maintained in a separate interest bearing trust account a reserve fund ("Reserve") that has accrued since 1988 from budget surpluses and interest accrued on the corpus of the fund. The Reserve funds shall be held in an interest bearing trust account for benefit of the Local ID System, with-any earned interest being al~plied to the account. The City of San Jose shall serve as the trustee of the account and shall have the authority to deposit and withdraw funds from the account. The Local Policy Board shall develop written policies regarding the maintenance and use of the Reserve. The Local Policy Board shall have the authority to maintain this Reserve and AMENDED AND RESTATED AGREEMENT 021700.¢~:1c 6 JRG:CBM 9/29/99 tO use funds from it for the purpose of paying any of the costs identified in Section 6 (A). SECTION 9. BUDGET ADJUSTMENTS If, in any fiscal year, the actual annual costs are higher than as previously determined by the Local Policy Board, the Local Policy Board, with the assistance of the City of San Jc.~e, shall determine the additional amount needed to meet the costs for that fiscal year. Each party, except for the City of San Jose, shall contribute its share of the additional amount, which share will be based on the party's percentage share of the total population of all parties participating in the Local ID System, not including the population of the City of San Jose. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department within thirty (30) days of billing. SECTION 10. EMPLOYEES The City of San Jose shall provide such employees as the Local Policy Board considers necessary to the efficient operation of the Local ID System. The persons provided by the City pursuant to this Section shall remain employees of the City of San Jose. The salary and all fringe benefit costs incurred by the City of San Jose in the employment of persons provided pursuant to this Section shall be paid for out of the payments made by the parties pursuant to Section 6 at the time these costs are due and payable. SECTION 11. OWNERSHIP OF EQUIPMENT A. Local Remote Access Network (RAN) Equipment. Local RAN equipment consists of one Local Input Terminal and associated equipment purchased to facilitate the Local ID System, and is not inclusive of the City of San Jose/County of Santa Clara Automated Fingerprint Identification System (AFIS) and associated equipment. Bm Ownership of the local RAN equipment purchased pursuant, to Penal Code Section 11112.5(a), shall be vested as follows: AMENDED AND RESTATED AGREEMENT 7 %? JRG:CBM 9/29/99 Ownership of the four (4) high-resolution facsimile machines or replacements to such machines shall be vested in the County, which shall not have the right to sell, transfer, or otherwise dispose of such equipment without the prior written approval of the Local Policy Board, except in the event that this AMENDED AND RESTATED AGREEMENT is terminated by .'-~.!: 9arties and the Local ID System is discontinued, in which case the County may retain for itself all or any portion of such equipment as permitted by law. Ownership of all other local RAN equipment or replacements of such equipment shall be vested in the City of San Jose, which shall not have the right to sell, transfer or otherwise dispose of such equipment without the prior wdtten approval of the Local Policy Board, except in the event: that this AMENDED AND RESTATED AGREEMENT is terminated by all parties and the Local ID System is discontinued, in which case the City of San Jose may retain all or any portion of such equipment as permitted by law. In the event that this AMENDED AND RESTATED AGREEMENT is terminated by all parties, the Local ID System is discontinued and the City of San Jose does not retain for itself the machines equipment referred to in this Section, the Local Policy Board shall 'sell, transfer or dispose of such equipment in any manner allowed by law. To the extent permitted by law, any proceeds received by the Board shall be distributed among the past and present parties to this Agreement who contributed to the cost of acquiring such machines and equipment based upon each party's perce-ntage contribution to the acquisition of such machines or equipment. SECTION 12. IRREPARABLE DAMAGE TO EQUIPMENT A. In the event that the local RAN equipment, or any portion thereof, is destroyed or, damaged beyond repair, replacement equipment shall be purchased. Except as AMENDED AND RESTATED AGREEMENT 021700.1:kx: 8 JRG:CBM 9/29/99 provided in Subsection B, the cost of replacement equipment shall be allocated among all parties, including the City of San Jose, based upon each party's percentage of the total population of all parties to this Agreement (including the population of the City of San Jose and the population of the unincorporated area of the County). Be In the event local RAN equipment, or any portion thereof, is destroyed or damaged beyor;d repair due to the willful misconduct of the City of San Jose and/or the County, their officers, agents and employees, in which event, the replacement cost shall be borne by the City of San Jose or the County, whichever is responsible for such damage. SECTION 13. TERMINATION A. Any party may terminate this AMENDED AND RESTATED AGREEMENT and its participation in he Local ID System by providing written notice of termination to the Local Policy Board and to the City of San Jose Chief of Police on or before February 1, which will be effective as of the following July 1. A Party's participation in the Local ID System shall automatically terminate at the end of any fiscal year in the event that funds are not appropriated by that party for the next succeeding fiscal year. Interest Bearinq Account Funds. If all parties agree to terminate this AMENDED AND RESTATED AGREEMENT and to discontinue the System, any funds remaining in the interest-bearing accounts referred to in Section 8, above, shall be distributed to the then-current parties to this AMENDED AND RESTATED AGREEMENT, except.for the City of San Jose. Such distributions shall be distributed on the basis of each party's percentage share of the total population of the then-current parties to this Agreement, not including the population of the City of San Jose. Distributions shall not be made until all outstanding expenses of the System have been paid or otherwise provided for. AMENDED AND RESTATED AGREEMENT 021700.(Ia¢ JRG:CBM 9/29/99 Proceeds From Sale or Transfer of System Equipment. If all parties agree to terminate this Agreement and to discontinue the System, and if the Local Policy Board sells or transfers all or any portion of the System equipment pursuant to Section 11, any such proceeds received from such sale or tranSfer shall be distributed in the manner specified in Section 11. SECTION 14. NEW USERS A non-participating agency seekil,.q, to participate in the Local ID System shall not be allowed to participate without the approval of the Local Policy Board. New agencies that are allowed to participate in the System shall be required to execute an amendment to this AMENDED AND RESTATED AGREEMENT by which the new agency agrees to be a party to this AMENDED AND RESTATED AGREEMENT and to be subject to all of its terms and conditions. The amendment may be executed by the City Manager or Chief of Police of the City of San Jose, who are each authorized to execute the amendment on behalf of the parties to this AMENDED AND RESTATED AGREEMENT. SECTION 15. INDEMNIITY AND CONTRIBUTION Each Party, including the City of San Jose, shall contribute to the cost of any claim, loss, liability or defense costs, including reasonable attorney's fees, arising out of or resulting in any way from the operation of the Local ID System by the City of San Jose, its officers, agents, or employees, excepting acts of willful misconduct by the City of San Jose, its officers, agents, or employees. 'Such costs shall be allocated among the parties, including the City of San Jose, based upon each party's percentage of the total population of ali parties to this AMENDED AND RESTATED AGREEMENT, including the population of the City of San Jose. SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS This AMENDED AND RESTATED AGREEMENT sets forth the entire AMENDED AMENDED AND RESTATED AGREEMENT 021700.~lec lO JRG:CBM 9/29/99 AND RESTATED AGREEMENT between the parties and supersedes any and all oral understandings, representations, or promises. Any change or modification to this AMENDED AND RESTATED AGREEMENT must be in writing and signed by the authorized representatives of the parties thereto. WITNESS THE EXECUTION HEREOF, the day and year first written above. APPROVED AS TO FORM: CITY OF CAMPBELL City Attorney APPROVED AS TO FORM: By Dated: CITY OF CUPERTINO City Attorney APPROVED AS TO FORM: By Dated: CITY OF GILROY City Attorney- APPROVED AS TO FORM: By Dated: CITY OF LOS ALTOS City Attorney APPROVED AS TO FORM: Town Attorney APPROVED AS TO FORM: By Dated: TOWN OF LOS ALTOS HILLS ' By, TOWN OF LOS GATOS Dated: By. Dated: Town Attorney AMENDED AND RESTATED N3REEMENT 021700.~kx: 11 JRG:CBM 9/29/99 APPROVED AS TO FORM: CITY OF MILPITAS City Attorney APPROVED AS TO FORM: ~~ty~Attorney . APPROVED AS TO FORM: By. CITY OF MONTE SERENO By. CITY OF MORGAN HILL Dated: Dated: City Attorney APPROVED AS TO FORM: By. CITY OF MOUNTAIN VIEW Dated: City Attorney APPROVED AS TO FORM: By CITY OF PALO ALTO Dated: City Attorney APPROVED AS TO FORM: (Attorney ,Y- / APPROVED AS TO FORM: City Attorney By. CiTY OF SAN JOSE CITY OF SANTA CLARA By. Dated: Dated: Dated: AMENDED AND RESTATED AGREEMENT 021700.~3¢ 12 JRG:CBM 9/29/99 APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: County Counsel CITY OF SARATOGA By. CITY OF SUNNYVALE By COUNTY OF SANTA CLARA By Dated: Dated: AMENDED AND RESTATED AGREEMENT 021700.~1o¢ 13 SANTA CLARA COUNTY CAL-ID PROPOSED BUDGET FISCAL YEAR 2000-01 PERSONAL SERVICES Salary 7 Latent Fingerprint Examiner ll's Holiday/Overtime Pay 7 Latent Fingerprint Examiner II's Total Expected Personal Services Expenditure: (Salary Source: San Jose Police Department Fiscal Unit) NON-PERSONAL SERVICES Fax Maintenance Supplies & Film Training Professional dues & certifications Total Expected Non-Personal Expenditure: TOTAL FY 2000-01 BUDGET: $489,365 $32,000 $8OO $7,00O $7,000 $595 $521,365 $15,395 $536,760 CAL-ID RESERVE BALANCE (As of 6/30/99) EXPENDITURES Local Input Terminal (LIT)--Y2K Replacement (Installation: July 2000 - One year warranty) More Hits ESTIMATED REMAINING RESERVE: $490,235.22 $107,708.75 $90,000.00 $292,526.47 CAL-ID OPERATIONS EXHIBIT A 2/28/00 SANTA CLARA COUNTY CAL-ID ALLOCATION OF OPERATING COSTS FISCAL YEAR 2000-01 CAMPBELL CUPERTINO GILROY LOS ALTOS LOS ALTOS HILLS LOS GATOS MILPITAS MONTE SERENO MORGAN HILL MOUNTAIN VIEW PALO ALTO SANTA CLARA SARATOGA SUNNYVALE UNINCORPORATED Total Estimated January-99 3g,850 47,650 39,050 28,500 8,250 30,250 64,300 3,440 31,900 75,200 61,200 102,700 31,25O 132,900 109,800 806,240 Percent Share 4.943% 5.910% 4.843% 3.535% 1.023% 3.752% 7.975% 0.427% 3.957% 9.327% 7.591% 12.738% 3.876% 16.484% 13.619% 100.000% 2000-01 Share $26,530.42 $31,723.33 $25,997.81 $18,974.O8 $5,492.5O $20,139.15 $42,808.18 $2,290.20 $21,237.65 $50,064.93 $4O,744.33 $68,373.25 $20,804.91 $88,479.12 $73,100.13 $536,760.00 CAL-ID OPERATIONS EXHIBIT A 2/28/00 7...,,7 EXPLANATION OF PROJECTED EXPENDITURES FY 2000-01 PERSONAL SERVICES Salary Calculations Seven Latent Fingerprint Examiner II's Includes: 3.25% Salary increase 7/1/00 Nightshirt Differential for 4 employees ($1.40/hr X 2080 hr X 4) Holiday/Overtime Pay (calculated @ top step, 110 hours per employee) Latent Fingerprint Examiner I1:$2.7.65 X 1.5=$41.48 X 770 hours Total Personal: NON-PERSONAL SERVICES Differences from last year's budget projection: LIT Maintenance: decrease from $15,078 to $0 Fax Maintenance: no'change @ Supplies and film: no change @ Training: no change @ Professional dues & certifications: no change @ Total Non-Personal: Total $489,365 $32,000 $0 $800 $7,000 $7,000 $595 $521,365 $15,395 $536,760 CAL-ID OPERATIONS EXHIBIT A 2/28/00 RESOLUTION NO. 00-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT FOR HOUSING ASSISTANCE, PURCHASE OF EQUITY INTEREST IN HOUSE AND LOT LOCATED AT 10346 SCENIC BOULEVARD BY DAVID KNAPP, CITY MANAGER WHEREAS, there has been presented to the City Council an Agreement for Housing Assistance between the City of Cupertino an David Knapp for purchase of an equity interest in the house and lot located at 10346 Scenic Boulevard; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to execute said 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 16th day of October 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino AGREEMENT FOR HOUSING ASSISTANCE THIS AGREEMENT is executed this ~ day of ,2000, by and between the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as "CITY" and DAVID KNAPP who has been employed as City Manager by CITY, hereinafter referred to as "KNAPP." RECITALS WHEREAS, CITY has retained KNAPP as its City Manager, the chief administrative position in CITY, after an extensive search for the most qualified candidate; and WHEKEAS, CITY requires its City Manager to reside within the City limits; and WHEREAS, CITY and KNAPP have met and discussed compensation and realize that due to extremely high costs of housing within Cupertino, CITY must assist KNAPP in obtaining suitable housing within Cupertino; and WHEREAS, KNAPP contemplates the purchase of an equity interest in the house and lot located at 10346 Scenic Blvd., Cupertino, California, (hereinafter referred to as "the residence", and the CITY'S former City Manager DONALD BROWN; and WHEREAS, The CITY may elect to purchase DONALD BKOWN'S interest in the residence at a price based upon current market value (hereinafter referred to as "the market value"). In order to determine the market value of PC/DII:UK/KA 9-11-00 the residence, the CITY has ordered the preparation of a written appraisal performed by a qualified appraiser. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. The purpose of this Agreement is to set forth those understandings reached by CITY and KNAPP regarding housing assistance. It is understood that subsequent to the execution of the Agreement, KNAPP must execute further documents and KAY L. KNAPP, his wife, will execute the same documents with respect to the purchase of equity interest in the residence. 2. Terms of Employment. This Agreement addresses only one segment of KNAPP'S terms and conditions of employment. It is understood that CITY and KNAPP may agree to such other terms as are consistent with the municipal code and California law. Further, it is expressly agreed that nothing contained herein shall be construed to provide KNAPP a contract of employment as City Manager. CITY, through its City Council, continues to maintain its sole authority to retain or dismiss its City Manager from employment. The exercise of such. authority by CITY shall not establish in KNAPP a cause of action for money damages due to a loss of the housing assistance provided herein. Nothing herein is intended to create any obligation to provide housing assistance for any person or persons except KNAPP himself. 3. City Loan for Purchase of Equity Interest. KNAPP may obtain, upon request, a loan from the CITY not to exceed $300,000 to be used for the purchase of an equity share in the residence. Said loan is to be evidenced by a promissory note in favor of the CITY secured by a first deed of trust encumbering the residence. Said promissory note shall contain the terms of repayment which are consistent with the terms specified for Department Heads PC/DIR/K/KA 9-I 1-00 described in City Council Resolution 99-070. KNAPP may prepay at any time all, or a portion, of this loan without penalty. KNAPP shall authorize CITY to make an automatic payroll deduction to cover payments with respect to the CITY'S loan. Such payroll deduction shall have priority over all other deductions except those required by law. The CITY shall provide KNAPP a year-end statement showing the amount allocated paid to principal and the amount paid as interest. Notwithstanding any provision to the contrary, the note shall become immediately due and payable upon sale or transfer of the residence or upon cessation of it as KNAPP'S primary residence. Said loan is only available to KNAPP as part of an equity interest purchase, whereby he invests a minimum of $50,000 of his own funds in the residence. 4. Equity Share Title. Title to the residence shall be held by CITY and KNAPP as tenants in common. 5. Allocation of costs with respect to the residence: A) KNAPP shall be responsible for taking out and maintaining, at his sole cost, fire, casualty, and liability insurance on the residence with coverage and terms, and in an amount, which are satisfactory to CITY and naming the CITY, and its officers, agents, and employees, as additional insureds thereunder, and as beneficiaries in proportion to the CITY'S equity interest. The City and the Manager shall share earthquake insurance premium in same proportion as their investments. B) KNAPP shall be responsible for making all necessary-repairs to the residence, provided, however, that with respect to any specific repair whose cost is greater than $3,500, the parties shall share the cost of said repair in proportion to their respective equity interests at the time said repairs are made. Prior to commencing any work of repair costing more than $3,500, PC/DIR/IOKA 9-11-00 KNAPP shall confer with Mayor and City Attorney and obtain CITY'S agreement as to said repair. C) The parties shall share real property taxes and assessments on the same basis as their respective interests in the property. 6. Sale of the Residence. A) The parties may sell the residence at any time based upon a price which is mutually agreed upon by the parties. B) At the time of sale, the balance of loan made by CITY to KNAPP pursuant to paragraph 3 shall be fully paid. C) Upon said sale, the parties shall receive the amount of proceeds, after said loan above described and all costs of sale are paid, as follows: a) KNAPP shall receive a percentage of the balance based upon the ratio that his original contribution (including cash and loan) described in paragraph 3 of this Agreement bears to the total market value of the residence. As used in this Agreement, the phrase "total market value of the residence" means 1.4 million dollars, based upon recent appraisals. b) CITY shall receive the remaining percentage of said balance. 7. Adjustments of Equity Between the Parties. A) At any time or times during the period KNAPP resides at the residence, he may purchase all, or a portion of CITY'S interest in the residence. The price shall be established as provided herein. B) Unless the parties otherwise agree as to the price, each party shall appoint an appraiser, and their decisions shall be averaged and shall be final, unless they shall differ by 5% or more in value, in which case a third appraiser shall be selected by the other two appraisers, unless CITY and PC/DIR/K/KA 9-11-00 KNAPP jointly select such third appraiser. Said third appraiser shall appraise the residence, and his appraisal shall be averaged with the closest other appraisal. The amount so averaged shall be final. Costs of all appraisals shall be split equally between the parties. C) KNAPP shall pay CITY that portion of CITY'S interest he wishes to purchase based upon the formula for sale of residence contained in section 6 of this Agreement and CITY shall execute the necessary documents evidencing such transfer. 8. Termination of Agreement. A) KNAPP acknowledges and agrees that this housing assistance agreement is not assumable by any subsequent buyer or transferree of the residence in that it was specifically negotiated as part of the City Manager's employment agreement, that the payroll deductions provisions act as security to the benefit of the CITY, and that the general aspects of the City Manager/City Council relationship indicate that the assistance is fashioned for KNAPP alone. B) It is further agreed that upon termination of KNAPP's employment, or upon his failure to utilize the residence as his primary residence, or upon his death, the balance of CITY'S loan shall become due and payable within 24 months; provided that KNAPP's employment extends for at least 5 years; otherwise, said loan will be due and payable within 12 months of termination. C) In the event of KNAPP's death, his executor or administrator shall be granted the option of purchasing CITY'S interest in the residence within 24 months of death. Upon occurrence of any other event described in paragraph 8B above, KNAPP shall be granted said option to purchase but only for a period of 24 months from the date of the occurrence; provided that PC/DIR/K/KA 9-11-00 KNAPP's employment extends for at least 5 years; otherwise said option extends for only 12 months from termination. During said option periods above described, KNAPP or his executor or administrator, as the case may be shall continue to make all payments with respect to the residence that KNAPP would otherwise be required to make regardless of whether any option described herein is actually exercised. D) In the event that KNAPP or his executor or administrator does not exercise his option to purchase the residence hereunder, CITY shall have the option to purchase KNAPP'S interest in the residence within one hundred eighty (180) days thereafter. E) Any option described above shall be for the purchase of the residence at a price established under paragraph 7B and with respect to the allocation formula described in paragraph 6. F) If neither party exercises any of the options described herein, then the property shall be sold in the open market at a price determined under paragraph 7 B and with respect to the allocation formula described in paragraph 6. G) Neither KNAPP nor his executor or administrator shall sell, lease, rent, or encumber the residence in any way without the written consent of CITY in advance. 9. Binding Effect. This Agreement binds the parties, their successors, and personal representatives, and is not assignable by either party without the express written consent of the other party. 10. Invalidity. In the event this Agreement or any part thereof should be held invalid, CITY and KNAPP agree to discuss alternatives within the CITY'S discretion; however, KNAPP has no vested right to alternative compensation. PC/DIR/K/KA 9-11-00 11. Spousal Agreement. This Agreement shall become effective only upon the consent and agreement thereto by KAY L. KNAPP, and shall become null and void if she shall refuse to execute any or all other documents deemed necessary by CITY to initially consummate this transaction in its entirety. KAY L. KNAPP also agrees to execute all documents necessary to carry out this Agreements at all times during its term. 12. Authority. The Mayor is hereby authorized and directed to execute all documents necessary to carry out this Agreement. Dated: CITY OF CUPERTINO DAVID KNAPP 7) ~ John Statton, Mayor Attest: I agree and consent to each of the provisions of this Agreement. City Clerk APPROVED AS TO FOR_M: "CHARLES T. KILIAN PC/DIR/K/KA 9-11-00 CITY OF CUPE INO 10300 Torre Avenue Cupertino, C/I 95014 (408) 777-3308 FAX(408) 777-3333 AGENDANO. 9 Community Development Department SUMMARY AGENDA DATE October 16, 2000 PROJECT DATA: Application No.: Applicant: Property Owner: Location: 03-TM-00 and 31-EA-99 Stanley Wang Stanley Wang 10060 South Stelling Road and 10051 Bianchi Way General Plan Designation: Residential Medium/High Density 10-20 d.u./gross acre Zoning Designation: P- Stevens Creek Boulevard Conceptual Zoning Gross Site Area: 0.69 acre Net Site Area: 0.53 acre Approved No. & Type of Dwelling Units: 8 townhome units Site density: 11.6 d.u./gross acre Project Consistency with General Plan: yes Zoning: yes APPLICATION SUMMARY: Tentative Map to subdivide a 0.53 net acre site into 9. lots (8 townhouse lots and 1 common area lot) for an approved townhouse development. RECOMMENDATION: Environmental Consideration: Negative Declaration recommended. Application No. 03-TM-00: The Planning Commission on a 4-0-1 vote (Harris absent) recommends approval of the tentative subdivision map per model resolution no. 6058 (See also Exhibit A). BACKGROUND: :' On July 17, 2000, the City Council approved an eight-unit townhome development on this site. The Planning Commission also recommended approval of this development. The subdivision is the final approval the applicant needs before obtaining a building permit. DISCUSSION: Public Issues: No one from the public spoke for or against the proposed subdivision map. Printed on Recycled Pat2er City Stafflssues: The applicant modified the drainage from the conceptual grading plan to facilitate the existing, natural storm flow towards Bianchi Way. As a result, retaining wall heights along the open parking area and near the side property lines increased from 1-2.5 feet to 1.5 - 3.5 feet in height. Some of the grading changes stem from Public Works Department requirements to provide an overland release for extraordinary storm flows to Bianchi Way. The grading changes do not affect the building pad elevations, so the overall height of the buildings and the difference in grade between the finish floors and the sidewalk will also not change from what was previously approved. Staff also noted that some of the property line retaining walls have been shifted on the tentative map plan set, which would make implementation of the landscape plan difficult. A condition in the model resolution allows the Community Development Director to revise the retaining wall location to achieve the approved landscape plan. Planning Commission Issues: Commissioners had the same issues as staff but were satisfied with staff remedies. Enclosures: Resolution No. 6058 Initial Study, ERC Recommendation and Negative Declaration Exhibit A: Planning Commission Staff Report dated 10/9/00 Tentative Map and Grading Plan SUBMIT. TED BY: Steve masecK1 Director of Community Development APPROVED BY: David Knapp City Manager G :planning/pdreporffcc/cc03 tm00 03-TM-00 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6058 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 0.53 ACRE PROPERTY INTO 9 LOTS TO ACCOMMODATE AN 8-UNIT TOWNHOME PROJECT LOCATED AT 10060 SOUTH STELLING ROAD AND 10051 BIANCHI WAY SECTION I: FINDINGS: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section II. 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 met the burden of proof required to support said application; and has satisfied the following requirements: 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 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Tentative Map is 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 No. 03-TM-00.,as set forth in the minutes of Planning Commission Meeting October 9, 2000, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: Applicant: Location: 03-TM-00 Stanley Wang 10960 S. Stelling Road & 10051 Bianchi Way Resolution No. 6058 Page -2- 03-TM-00 October 9, 2000 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. o APPROVED EXHIBITS The recommendation Of approval is based on the exhibits titled: "TENTATIVE MAP COLLEGE VILLA 10060 S. STELLING ROAD, CUPERTINO" and "GRADING, DRAINAGE & INPROVEMENT PLAN COLLEGE VILLA" dated September 2000 and consisting of two sheets labeled sheet 1 of 2 and 2 of 4. INGRESS/EGRESS EASEMENTS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded in conjunction with the recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. RETAINING WALL LOCATION Locations of retaining walls shall be reviewed and approved by the Community Development Director to ensure they do not interfere with the use permit approved landscape, plan. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT o 16. STREET WIDENING Street widening, improvements and dedications shall be provided in Standards and specifications and as required by the City Engineer. accordance with City 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. . ~ STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City. Resolution No. 6058 Page -3- 03-TlVI-O0 October 9, 2000 17. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 18. 19. 20. 21. 22. 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. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The developer must design site drainage to accommodate a 1 O-year flood event through either surface drainage or a pipe system, as the applicant is proposing. The site must also be able to accommodate an event over the 1 O-year event through surface drainage. Overland release and private storm drainage easements are required to allow storm mn-off from parcels 1 through 6 and 9 to flow through the Bianchi Way parcels. 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. 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 agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit b. Development Maintenance Deposit: c. Storm Drainage Fee: $ 5% of Improvement Cost or $1,975.00 minimum $ 5% of Site Improvement Cost or $460.00 min. $ 3,000.00 $ 926/acre + ($70 x 9) Resolution No. 6058 Page -4- 03-TM-00 October 9, 2000 d. Power Cost: e. Map Checking Fees: f. Park Fees: Bonds: a. b. C. $ 75.00 per street light $ 513.00 $ 9,000.00/dwelling unit minus credit of 2 units for existing housing Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor and Material Bond: 100% of Off-site and On-site Improvements 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 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. 23. 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. 24. 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 Works for water service to the subject development. 25. 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 the'grading and street improvement plans. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 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. /s/ Raymond Chong Raymond Chong, Acting City Engineer PASSED AND ADOPTED this 9th day of October, 2000, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: Resolmion No. 6058 Page -5- 03 -TM-00 October 9, 2000 AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Doyle, Kwok and Vice Chairperson Stevens COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Harris ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development g:/planning/pdreport/res/rO3tmO0 /s/ Jerry Stevens Jerry Stevens, Vice Chair Cupertino Planning Commission CITY OF CUPERTINO NEGATIVE DECLARATION October 16, 2000 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 July 17, 2000 PROJECT DESCRIPTION AND LOCATION 31-EA-99 Application No.: Applicant: Location: 03-TM-00 Stanley Wang 10060 S. Stelling Road DISCRETIONARY ACTION REQUEST Tentative Map to subdivide 0.53 acre into 9 lots for an approved townhome project FINDINGS OF DECISIONMAKING BODY The City Council granted a negative declaration finding that no environmental impacts will occur. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the office of the City Clerk of Cupertino on ,2000. City Clerk g/planning/ercJneg3 i ¢a99 EXHIBIT A CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: 03-TM-00, 31-EA-99 Agenda Date: October 9, 2000 Applicant: Stardey Wang Property Owner: Stanley Wang Property Location: 10060 South Stelling Road & 10051 Bianchi Way Residential Project Data: General Plan Designation: Residential Medium/High Density 10-20 d.u./gross acre Zoning Designation: P- Stevens Creek Boulevard Conceptual Zoning Gross Site Area: 0.69 acre Net Site Area: 0.53 acre Approved No. & Type of Dwelling Units: 8 townhome units Site density: 11.6 d.u./gross acre Project Consistency with: General Plan yes Zoning yes Environmental Assessment: Negative Declaration Application Summary: TENTATIVE MAP to subdivide 0.53 net acre parcel into 9 lots which includes one common lot for a previously approved townhome development RECOMMENDATION: Environmental consideration: Staff recommends a Negative Declaration on the project, file no. 3 l-EA-99. Project consideration: Staffrecornmends approval of the tentative map, file no. 03-TM- 00, in accordance with the model resolution. BACKGROUND: On July 17, 2000, the City Council approved an eight-unit townhome development on this site (Exhibit A). The Planning Commission recommended approval of the project on June 26, 2000 (Exhibit B). The proposed tentative map facilitates redevelopment of the site and will allow the townhomes to be sold separately. DISCUSSION: Overall the subdivision design conforms to the use permit development plan approved by the City (Exhibit C). Lots #1,2,3,4,5 & 6 share vehicular access to S. Stelling Road via Lot #9, and lots #7 and #8 have direct access to Bianchi Way. The heights of the retaining walls near the side property lines and open parking area, have increased in height from 1-2.5 feet to 1.5-4 feet as the grading plan has been refined from the conceptual plan approved at the use permit stage to the more detailed plan presented at the tentative map stage. However, the overall height of the buildings and the grade difference between the Stelling Road fronting units and the adjacent sidewalk have not 2 changed from what was approved in the use permit. Staff will need to work with the applicant to make sure the retaining wall location does not conflict with the implementation of the approved landscaping plan. Erl¢losures: Model Resolution Initial Study, ERC Recommendation Exhibit A: City Council Action Letter and Meeting Minutes of 7/17/00 Exhibit B: Planning Commission Resolution No. 6041 Exhibit C: Excerpt of Use Permit Development Plan, File No. 16-U-99 Tentative Map, 2 sheets Prepared by: Colin Jung, Senior Planner Approved by: Steve Piasecki, Director of Community Developmeng.~.~.~ g:planning/pdtepo~pc/pcO3tmO0 CITY OF CUPERTINO D~panmcnt of Community Development 10300 Torte Avenue Cupertino, Ca 95014 408-777-3308 PROJECT DESCRIPTION: Project Title ~--~T~ Proj eot Location Project Description Staff Use Only EA F,e No. Ca~e File Attachments ? Envkonmental Setting. PROJECT DESCKIFrION: Site Area (ac.) 0,~3 Building Coverage '~ % Exist. BuildinLs.f. Proposed Bldg. m,z s.f. Zone ~'O G.P. Designation. ~ Assessor's Parcel No. ~5~1 -___~.__- ~, At, ! 5 If Residential, Units/Gross Acre Unit Type #1 Unit Type #2 Unit Type #3 Unit Type Unit Type Total// Rental/Own Bdrms Total s.f. Price Applicable Special Area Plans: (Check). [---] Monta Vista Design. G, .uidelines [----] N. De Anza Conceptual S. De Anza Conceptual S. Sara-Sunny Conceptual [~] Stevens Crk Blvd. Conceptual ['---q Stevens Creek Blvd. SW & L'scape IfNon-P,.esidential, Building Area s.f. FAR. Max. Employees/Shii~~ Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area YES yt NO A) GENERAL PLAN SOURCES I) Cupertino General Plan, Land Us~ Element 2) Cupertino General Plan, Public Safety Element 3) Cupertino General Plan, Housing Element 4) Cupertino General Plan, Tran.spertagon Element 5) Cupertino C~ncral Plan, Environmental Resources 6) Cupertino G~ncral Flen, Appendix A- Hillside Development 7) Cupertino General Plan, Land Usc Map S) Noise Elcrocnt Amendment 9) City Ridgclinc Policy I0) Cupertino Crcncral Plan Constraint Maps B) CUPERTINO SOURCE DOCUMENTS l 1) Tree Preservation ordinance ?78 12) City Aerial Photography Maps 13) "Cupertino Chronicle" (California His~ry Center, 1976) 14) Geological Report (site specific) 15) Parking Ordinances 1277 16) Zoning Map IT) Zoning CoddSpecific Plan Documents 1 S) City Noise Ordinance C) CITY AGENCIES 19) Cupertino Community Development DepL 20) Cupertino Public Works Dept. 21) Cupertino Parks & Recreation Department 22) Cupertino Water Utility D) OUTSIDE AGENCIES 23) County Planning Department 24) Adjacent City's Planning Deparanent 25) County Departmental of Environm~ntal Health 26) Midpcninsula Regional Open Spac~ District 27) Count7 Pa.d~ and Recreation Department 28) Cupertino Sanitary Dislrict 29) Fr~munt Union High School Dis~ict 30) Cupertino Union School Dislrict 31) Pacific Gas and Electric 32) Santa Clara County Fire Department 33) County Sheriff 34) CAL~S 35) County Transportation Agency 36) Santa Clara Valley Wa~r Dh~ct Iii) OUTSIDE AGENCY DOCUMENTS. 37) BAAQMD Survey of Contaminant Excesses 38) FEMA Flood Maps/SCWWD Flood Maps 39) USDA, "Soils of Santa Clar~ County" 40) County Hazardous Waste Management Plan 41) County Herita$c Resources Invcntoo, 42) Santa Clara Valley Wster District Fuel Leak Site 43) CaI£PA Hazardous W~te and Substances Site List F) OTHER SOURCES 44) Project Plan Sci/Application Materials 45) Field R~connsissance 46) Experience with Project of similar s senpe/characteristics 47) ABAG Proj¢~ons Seric~ 1) Complete al..jl information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY V~a:~N A SPECII~IC ITEM IS NOT APPLICABI,F.. 2) Consult the Initial Study Source Li~t; use the materials listed therein to complete, the checklist information in Categories A. through O. You am encouraged to cite. other relevant sources; if such sources are used, job in their titl.e(s) in the "Source" column next to the question to which they relate. 3) 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. 4) When 'explaining any yes response, label your answer clearly (Example "lq - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each page. 5) Upon completing the checkli_st, sign and date the Preparer's Affidavit. 6) Please at~ach the following materials before submitting the Initial Study to the · CiV. · Project Plan Set of Legislative Document (1) copy - Location map with site clearly marked (when applicable) IMPACT YES W'ILL THE PRO,I'ECT... Wot Significant Significant :umuladve SOURCE Significant (Mitigation (No 1~O Proposed) Mitigation Proposed) A) LAND USE GENERAL PLAN 1) Require a change from the land use 1,7,8 C~ner~l Plan? 2> quire, an,e 3) Require a ohange of an adopted specific plan or other adopted policy [] O . O O O 17, 18 t) ~ult ~ substantiai change in the adjoining properties? S) Disrupt or divide the physical I ndghborhood? LI~) GEOLOGIC/SEL~MIC HAZARD i) Be located in an a~a which has 2) Be locamd on or adja~nt to a -M 0 0 0 0 2.,, 3) Be located ina Geologic Study Zone? 2 4) Be located in an axca of'soil instability (subsidence, landslide, ~hrinle~w¢ll, soil m~ or severn 1,$, 10 q) Ca-*c subs~,~tial erosion or displacemenL compaction Or ovcrcovcring of soil either on-site or off- site 7) Ca~e substantial change in ~/~ topography or in a grcund mrfacc fiature? 10,39 8) Involve construction of-, building, or greater?. C) RESOURCE.S/PARKS resuR in the removal of& nsv. iral reso~rc~ for commercial purposas (indudin~ i~cms ' ' ' such as reck, sand, ?,ravel, ~r~s, mine~ :) Result in thc su~tantial depletion of r~ O O O O 5 ~y non-~newable natural ~ouroe? (Cia.ss I or II soils) ~o non-~-icult~ or impair Lhc a~riculmrai productivity of nearby prime a~ricullural hnd? 4) Involve lands currently prot~c~d ~ O O O O- ~,23 under the Williarnson Act or any Open Soace easement? IMPACT YES ~VILL THE PROJECT~.. Not Significant Significant Cumulative SOURCE Significanl IMitig.~tion(No ~O Proposed) Mitigation Propescd) agricultural uses? public or private recreation facility, park, wildlife preserve, public trail either in existence already or planned for future implementation? D) SEWAGE/WATER QUALITY 1) Result in a septic field being performance limitations? 2) Result in a septic field being tocatcd within 50 feet ofa dralna&c swale .[~ [-~ [~ ~ ~ 36,39,42 or within 100 feet of any well, water ',~urse or water body? 3) Result in extension of a sewer main .ine with capacity to serve new ['~ [] [~] [~ [--'] 19, 20. 40 dcvelopmcn~ . 4)Substantially degrade surface or supply, including but not limited to typical stormwatcr pollunta~ts (c.g. sediment from construction, hydrocarbons and metals from vehicle usc, nutticnt~ and pesticides from landscaping maintenance, metals a~d acidity from mining operations)? $)Bc located in an area of water supply 22 waters through infiltration of reclaimed water or storm water runoff that bas contacted pollutants fi'om urban, industrial or agricultural activities? 7)Require a NPDES permit for 20 :r~s or more?]? E) DRAINAGE/FLOODING I) Inu:rfere substantially with ground 20,36 water r=harge: [] 2) Substantially change the direction, rate or flow or quantity of ground- additions or withdrawals, or excavsgons? 3)Change thc absorption rates, ch~na~e patterns or thc rat,amount of surface E~ [-=1 [-=] C~] 1---1 20,36 runoff or wetland? o~ stmambcd or water course such as ~o i alter thc locations, course or flow of its floodplain area? F) FLORA AND FAUNA 1) Significantly ~fcct fish, wildlife, diversity or numbers of cxL~ting species, or by inttoducin~ new species, or by restricting migration or movement? 2) Substantially reduce the habitat area ~ ~ ['~ ~ ~ ~,10 IMPACT YES ,rILL TIKE PROJECT... Not Significant Significant ;umulaiv¢ SOURCE Significant (Mitigation ('No ~[O Proposed) Mi~tigafion Proposed) ,,, 3) Ch~ge ~c ~x~fing h~i~ food end~ge~d sp~ci~ of pl~t or ~im~? 4) Involve cuing ~mov~ of ~e si~ or in~duced? G) ~S~ORTA~ON 1) Ca~c ~ in~e in ~c whi~ subs~fi~ in ~l~on ~ ~e ex~ng ~em? 2) C~c ~y public or pfiv~ s~et Se~i~ D? 3) ~c~c ~c ~ ~ 4) Adve~ely ~ect ac~ to commc~i~ ~iishmcn~, public building, schools, p~ or o~er ~ ~ ~ ~ ~ 4.10 ped~ orienmd ac~vi~ ~? ~ C~c a reduction in public ' ~ion se~ice ~ or ne~ ~e ~ ~ ~ ~ ~ 35 project si~? 6) Inc~e d~d upon existing n~w p~ing ~ lnhi~it~ of~m~iv~ mod~ of mag~7 ~ ~OUS~G t) Reduce ~e supply of~o~le ho~ing in ~c communi~, or ~ult in ~e ~ ~ ~ ~ ~ 3.16 iplactment of p~o~ ~m ~eir ~sent home? 2) In~e ~e ~st ofho~ing in ~e 3. 16 ofho~ing ~pes found in ~e 3) C.~ asub~ti, domed for n. ~ ~ ~ ~ ~ 3. 16.47 ho~ing? 2) ~nvolve ~k of ~plosioa ot o~ b~ of ~n~lled ~l~e o~ h~o~ subset9 · · - my n~ ~de~d chemi~ or ~el d~gcr? 5) Employ ~o~o~ whi~ could 40,43 ~ve~cly ~ect public s~ in ~e ~ 0 '~ ~ event of a WILL THE PROJECT... SOURCE Not Significant Significant Cumulativ: Significant (Mitigation (No INO Proposed) Mitigation Proposed) 6) Provide broeciing grounds for J) AIR QUALITY I) Create objectionable odors? [~ 1---] [~] [] F'~ 40,43 2) Violate any ambient air quality standards, contribute substantially to an [] [--'] [~] [~] [~ 5,37,42 existing or projected air quality violation, or expose sensitive ret'eptors to substantial concentrations of pollutants? K) I~OlSE · I) Increase substantially the ambient · ring construction of the project? 2) R~ult in sustained increase in ambient noise levels in thc project [] F-] vicinity following ¢onsh'u~ion of project 3) Result in sustained noise levels b~,ond the thresholds of sound enero~/ ~] [--] [~] [~] [~] 8,18 and duration limits contained in the CitT's Noise Ordinance? L) AESTHETICS t. 1) Be al variance wi~h applicable design guidelines? 2) Create an aesthetically offensive site open to public view? [] F'~ [~ F-'] [~] 1.17 3) Visually intrude upon an area of 4) Obstruct view of a scenic ridseline [-~ · ,isible from the valle), floor? ~ ObsU'uct views o f thc city's adjacent [~ [-'] [~] [~ [--] 10,21,24.41 hillsides from reaidcntial m-cas or public lan&? char~r of an establish neighborhood or business dis~¢~ I, ! 7,19 lighting sources upon adjacent properties I,I 6 or public roadways? IH) ENERGY quantities of fossil fuels or non- r~n~wable energy sour~s? 2) Remove rescission providing summershad¢ orwind-breaks to an [~ ., .[2 F'-] [-'=] [===] 11,19 existing or proposed building? 3) Significantly reduce solar a~ess anadj..,buiidin,.publi¢re . o, lq E] [2 CI CI 1i.1, spa~e or prWa,- yard? N) HISTORICAL/ ARCHAEOLOGICAL 1) Be located in an area of potential [~ [--] [--'] [--'] ~ 10,42 archaeological or paieontological . C IMPACT yES WILL THE PROJECT... Not ;igniticant $igni~canl Cumulative $OU'~CE Significant [Mitigation (No ~TO Proposed) Mitigation Proposed) 2) Affect adversely a property of historic or cultural significance to the c0mmunity, except as part of a scientific study? O) PUBLIC SERVICES AlqD qua~titi~? 2) IAduce substantial growth, or alter 0 0 0 1, 46,47 the location, distribution, or densit~ of the humaA population of aA area? 3) Cause substaAtial impact upon, or .-ease the need for. a) Fire Protection Services? [] [] [] [] [] 19~2 b) Police Service.? [] [] [] [] [] 33 d) P~ks/Rccreation Fncilities? ~ [] [] [] [] 5, 17, 19, 21 e) Maintenance of Public Facilities? {~ [] [] [] [] ]9,20.21 .I f) Other Governmental Services? [] [] [] 4) Cause substantial impact upon existing utilities or infrastructure in the fo]lowing categories: a) Electricity?. 5) Generate demand for use or'any to reach or exceed its capacity'?. : MANDATORY-FL-N-DINGS OF SIGNIFICANCE ,, , i (To/Be Completed by City S~aff) F~ILL THE PRO.fECT... Have the potential to substantially degrade the quality of the environment, to substantially diminish the habitat of a fish or wildlife species; to cause a fish or wildlife population to drop below self-sustainable levels; to threaten or eliminate a plant or animal community; to reduce the number of or restrict the range of a rare or endangered plant or animal; to eliminate important examples of the major periods of California's history or prehistory? 2. Have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals? Have envkonment~l impacts which ~re individually limited, but are cumulatively considerable? ("Cumulatively considerable: means that the incremental effects of an individual project are substantive when viewed in conjunction with the effects of past projects, other current projects, and probable future projects) 4. Have environmental effects which will cause substantial adverse impacts on human beings, either directly or indirectly? YES NO ' hereby certify that the information provided in this Initial Study is hue and correct to the best of my knowledge and ,elief; 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 a~'ee to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signatur~ .~..~/~ ENVIRONMENTAL EVALUATION (T°be Completed by City Staff) I IMPACT AREAS: [] Land Use/General Plan [] [] Sewage/Water Quality [] [] His~oricaYArchaeological [] [] Public Services/Utilities [] STAFF EVALUATION C)' '- Geologic/Seismic Hazard [] Resources/Parks Drainage/Flooding [] Flor~ & Fauna Health & Safety` [] Air Quality. Energy ~ Aesthetics [] Housing [] Transportation [] Noise the basis of this Initial Study, the Environmental Review Committee CfiRC) Finds: l'hat the proposed project COULD NOT have a significant effect on the environment, a~d recommends mat a ~GATIVE DECLARATION be gra~ted. That although the project could have a significant effect on the environment, no significant effect will occur because mitigation measures are included in the project. ERC recommends that a NEGATIVE DECLARATION be granted. That the proposed MAY have a significant effect on the environment and recommends that an .'NVIRONMENT~I~ IMPACT REPORT be prepared. g/plnnningflntstdY4.doc CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE September 13; 2000 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on September 13, 2000. PROJECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: 3-TM-00, 31-EA-99 Stanley Wang (Pacific Rim Financial Corp) 10060 S. Stelling Road &10051 Bianchi Way DISCRETIONARY ACTION REQUEST Tentative map to subdivide a .53 acre parcel into 9 lots (including one common lot) for a previously approved townhome development. FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Environmental Review Committee recommends the granting of a Negative Declaration finding SteveXlbiasecki x Director of Community Development g/erc/REC31 ca99 CITY OF cuP No EXHIBIT A City HaH 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Wcbsit¢: www. cupertino.org OFFICE OF THE CITY CLERK July 19, 2000 Stanley-Wang 2150 California Street Mountain View, Ca 94040 Report to City Council fi'om the Planning Commission regarding a use permit to demolish two single-family dwellings and construct eight townhomes totaling 13,686 square feet on a 23,170 square foot lot (applications 16-U-99, 31-EA-99). Stanley Wang; 10060 S. Stelling Road and 10051 Bianchi Way (APNs 359-07-003, 359-07-004, and 359-07-015) At the regular meeting on July 17, 2000 (Council item 13), the City Council took the following action: "Granted negative declaration and approved application per Planning Commission 6041." Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactiona Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice ora 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, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to fde 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. - ~ The expiration date for the use permit is July 17, 2002. (Section 6.4 of Ordinance No. 652 as r~vised by Ordinance No. 1136). Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. ~4ny petition so filed must comply with municipal ordinance code §2.08.096. Sincerely, City Clerk's Office cc: Planning w/attachment Jess Pawlak w/attachm~t PO Box 695 Cupertino, CA 95015 Mike Chen w/attachment 12280 Saratoga-Sunnyvale Rd. #209 Saratoga, CA 95070 17, 2000 Cupertino City Council and Page 7 Cupertino Redevelopment Agency to the community, and other developers have been held accountable. Bumett the houses are very large, and there is linkage between price and affordability. Lowenthal su a large.common area. James said she could support more density if there was a benefit community, but she did not see it in this case. She suggested that the staff continue tcwith the applicant, and that this item be continued for one month. Bumett agreed, but that council should be clear about what they want, since this project was begun before the FAR was adopted. Lowenthal said an average FAR of 45 Bumett asked that the comer building be for the whole development would be okay. Michael Aminian, representing the applicant, said cleared four gas stations in town. This project took two years until it was acceptable~. Planning Commission and staff, and the applicant hoped to get the demolition permit in~t~next two weeks. He agreed that they will go back to work to reduce the FAR to 45~"perceno~ · ' ~OW Lowenthal moved to continue this item to August 21, and to ask the ork with staff to create another plan with an average 45 percent FAR for the entire]~t. PLANNING APPLICATIONS 13. Report to City Council fi.om the Planning Commission regarding a use permit to demolish two single-family dwellings and construct eight town/tomes totaling 13,686 square feet on a 23,170 square foot lot (applications 16-U-99, 31-EA-99). Stanley Wang; 10060 S. Stelling Road and 10051 Bianchi Way (APN's 359-07-003, 359-07-004, and 359-07-015). A negative declaration is recommended and this item is recommended for approval. Planner Vera Gil gave the staff report. Piasecki said that since this lot is literally one lot south of Stevens Creek, it seemed that it was not as necessary to include pedestrian access because the small benefit of including it would create many more problems in the project. James said that Capt. Jeff Miles, Santa Clara County Sheriff's Office, felt that this was a safe solution. Lowenthal said this was a good solution. He would have preferred pedestrian access, and although staff tried to make that happen, there was too much compromise. Bumett said this project is incompatible here. It has a high FAR, but no limit. Council was granting a lot of exceptions, so he was reluctant to go without pedestrian access. 1 ?, 2000 Cupertino City Council and Page 8 Cupertino Redevelopment Agency James said she was pleased with the project, and was willing to allow higher density because it fills a niche for needed housing. Chang moved to grant a Negative Declaration. Lowenthal seconded and the motion carried 3-1 with Bumett voting no and ShaRon absent. Chang moved to approve the application per Planning Commission Resolution 6041. Lowenthal seconded and the motion carried 3-1 with Burnett voting no and Statton absent. Applications 01-U-00, 02-EA-00; Pinn Brothers (The Adobe Inn Hotel); 20128 Stevens Boulevard, APN 369-03-001. A mitigated Negative Declaration is recommended, this item is recommended for approval. planner Colin Jung showed the proposed pedestrian easement access for Biltmorc idents, with a gate between the properties (not shown on plans). He said the Biltmore were not yet contacted about this option, but council may want to reserve it as tion in the future. Community Director Steve Piasecki talked about the Heart of the City Specific Plan exceptio: and said the height exception is less noticeable and won't be objectionable. The side ack exceptions were relatively minor, especially with the landscape buffer. These are ,mfortable exceptions that won't undermine the intent of the specific plan. Mr. Greg Pinn, Pinn Bros., said were the building owners. They will"hire a management company to mn the boutic hotel, which will have a finish similar to the Ernst and Young building also located ltevens Creek Boulevard. He discussed the amenities that would be offered. Mr. George Monk, 19985 Price Avenue, said the from hotels and Vallco will create more traffic, including taxis and delivery but no studies have been done on the impact on residential streets, which included Rodrigues, and Torre. He felt a baseline study should be done now, and Council treat traffic impacts in a comprehensive way, perhaps even asking for ftmding from the d~opers. ~- Burner said there should be good-quality, large-canopy trees over the"~ergeney access, and he did not find palms incompatible with the Heart of the City plan.'N~ke did like the pedestrian access from Biltmore. '~ Lowenthal said he lil~ed the extra building width to keep the garage entrance froi~eing overwhelming, and had no problem with palms and flowering pear trees. He was'~[so EXHIBIT B 16-U-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6041 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE GRANTING OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN SIDE SETBACKS'AND APPROVING A USE PERMIT TO ALLOW THE DEMOLITION OF TWO SINGLE FAMILY DWELLINGS AND THE CONSTRUCTION OF EIGHT TOWNHOMES TOTALING 10,486 SQUARE FEET ON A 0.53-ACRE SITE LOCATED AT 10060 S. STELLING ROAD AND 10051 BIANCHI WAY SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Section II. of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support this application, and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 3) The proposed development is otherwise consistent with the City's General Plan and with the goals of this Heart of the City specific plan. 4) The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. 5) 6) The proposed development has legal access to public streets and public services are available to serve the development. The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. Resolution 6041 Page 2 16-U-99 June 26, 2000 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved, by the Planning Commission of the City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Heating record concerning Application, file no. 16-U-99, as set forth in the Minutes of the Planning Commission Meeting of June 26, 2000 and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: Applicant: Property Owner: Location: 16-U-99 (31-EA-99) Stanley Wang Stanley Wang 10060 S. Stelling Road, 10051 Bianchi Way SECTION IH: CONDITIONS ADMINISTERED BY THE COMMUNITY DEV. DEPT. APPROVED EXHIBITS The recommendation of approval is base on Exhibits dated 6/16/00, sheets 1-10, except as may be amended by the condifion~ contained in this resolution. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan in conformance with Chapter 14.15, Xeriscape Landscaping, oft he Cupertino Municipal Code. Landscape plan shall include the size and names of all plants, trees and shrubs to be planted. Where possible, the landscape plan shall conform to the privacy landscape requirements of the single-family (R-l) ordinance. Privacy screening along the perimeter shall be rapid growing, 24-inch box evergreen trees. 3. TREE PLANTING A 48" boxed tree shall be planted at the "T" intersection of the auto court. 4. NOTICE OF FEES~ DEDICATIONS~ RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), Resolution 6041 16-U-99 June 26, 2000 Page 3 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 DEPT. e 4e o STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 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. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. FIRE HYDe. Fire hydrants shall be located as required by the City. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 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. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-I, R-2 and R-3 zones unless the City Engineer deems storm drain facilities necessary. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Resolution 6041 16-U-99 Page 4 June 26, 2000 e 10. 11. 12. 13. 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. 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 agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,975.00 minimum b. Development Maintenance Deposit: $ 3,000.00 c. Storm Drainage Fee: $ 926/acre + ($70*8) d. Power Cost: $ 75.00 per streetlight e. Map Checking Fees: $ 468.00 f. Park Fees: $ 9,100.00/unit g. Grading Permit: $ 5% of on-site improvement Cost or $460.00 min. The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein-may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 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. DEDICATION OF WATERLINES : :: The developer shall execute a quitclaim deed for underground water fights to Cupertino Water and shall reach an agreement with San Jose Water Company for water service to the subject development. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP'si, as required by the State Water Resources Control Board, for construction activity that disturbs soil. BMP plans shall be included in your grading and street improvement plans. Resolution 6041 16-U-99 Page 5 June 26, 2000 PASSED AND ADOPTED this 26th day of June, 2000, 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: Doyle, Kwok, Stevens COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Corr, Chairperson Harris Director of Community Development ROVED: · ) [~Cuperfino Planing Commission g/planning/pdreport/res/res 16u99a CITY OF cupertino city Hall 10300 Torre Avenue Cupertino, CA 95014-32:55 Telephone: (408) 777-3223 FAX: (408) 777-3366 Agenda Item No. 10 SUBJECT AND ISSUE OFFICE OF THE CITY Summary Meeting Date: October 16, 2000 Report on commission and committee terms expiring January 15, 2001; selection of application deadlines and interview dates. BACKGROUND There are a number of boards, commissions or committees which have terms ending January 15, 2001, as shown below. Recruitment, appointment and re-appointment to Cupertino advisory bodies are governed by Resolution No. 8828. Fine Arts Stephen Beard~ Cad Orr Housing Library Parks and Recreation Kathy Robinson Mary Minow Charles Pow None /lndrea Harris~ Public Safety None Telecommunications None 'Not eligible for re-eappOintmentbeCause of term limits. Printed on Recycled Paper /0 Commission and Committee Term Expirations Page 2 These vacancies will be announced in the November issue of the Cupertino Scene, and notices will be placed in local newspapers, on cable television and posted in City Hall and at the Cupertino Library. Notice will also be sent to the Chamber of Commerce, service organizations, 5Cs, Leadership Cupertino, and CERT graduates. Those who have filed applications within the last year for these commissions will be advised of the vacancies and may activate their applications. Council sets a date that serves as the deadline for any eligible incumbent to apply for re- appointment. Non-incumbents may also file during that time. The application period is extended if an incumbent has not applied by the first published deadline. During the extended period only non-incumbents may apply. In eases where an incumbent is not eligible to reapply, the extended deadline applies. The last time there were vacancies on the planning commission, council interviewed 10 applicants for that board and a total of 28 applicants during a meeting which lasted until almost 11:00 p.m. Staff recommends that the interviews be split into two dates as follows. Staff recommends the following dates for the process: Deadline for incumbents to apply: Extended deadline for non-incumbents: Interviews: December 15, 2000 December 21, 2000 Tuesday, January 9, 2001 Wednesday, January 10, 2001 Conference Room A, starting at 6:30 p.m. STAFF RECOMMENDATION Select dates for filing deadlines and interviews. SUBMITTED BY: APPROVED FOR SUBMISSION TO THE CITY COUNCIL Kimberly Smitli. J City Clerk David Knapp City Manager commissi/summary.doc RESOLUTION NO. 8828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 8819 AND ESTABLISH1NO RULES GOVERNINO RECRUITMENT, APPOINTMENT AND RE APPOINTMENT TO CITY ADVISORY BODIES WHEKEAS, the City Council of the City of Cupertino wishes to establish uniform terms and conditions of office to advisory Committees and Commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and WHEKEAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEKEFOKE, BE IT KESOLVED that the City Council of the City of Cupertino establishes the following rules governing recruitment, appointment and re-appointment to City of · Cupertino advisory bodies. A. RECRUITMENT Two months before regular terms expire, or immediately following receipt of a resignation, the Public Information Officer publishes notice of vacancies in the Cupertino Scene and newspapers and puts the information on cable TV. Two deadlines are included in the notices. The application period is extended for five days if an incumbent has not applied by the first published deadline. During the extended period only non incumbents may apply. 3. Applications will be kept active for a maximum of one year after Council review. · Those persons with applications on file are advised of the vacancy by the City Clerk and may activate that application. The application is not reactivated automatically. Upon receipt of the notice, the applicant must call the City Clerk's Office and state s/he wishes to be considered. 5. 6. An applicant may file for a maximum of two commissions at any one application period. 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 commi. 'ttee. Notice of vacancies will be distributed by the City Clerk to the Chamber of Commerce, service organizations, and other organizations as appropriate with respect to the openings. Resolution No. 8828 Page 2 8. Notice of the vacancies will be posted in the City Clerk's office. 10. Application forms will be available in the City Clerk's office and will be mailed with information about the openings upon request. 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 and the Cupertino Library. 12. An applicant who is unable to attend the interview may submit a five-minute video presentation in advance of the interview meeting and may be interviewed by speakerphone. The tape will be reviewed and the call made at the meeting. The video would be made by City staffat the applicant's request and approved by the City Clerk. These costs will be funded by the City. B. INTERVIEWS AND APPOINTMENTS After review of the applications and other material any additional questions a Council member wants to have asked will be forwarded to the Mayor prior to the meeting. Follow-up questions may be asked by other Council members during the interviews. All applicants shall be present in the room when the meeting is called to order. The Mayor will then explain the process and ask that they leave the room until it is time for their. interview. This is optional since the meeting is public. After the applicant is interviewed, s/he may choose to remain in the room. The order in which interviews are scheduled to take place will be determined by a drawing of names. This will be done in advance by the City Clerk. 4. Interviews are informal and usually last 5-10 minutes. Council members are looking for: (a) Co) (c) familiarity with the subject; decision-making ability; commitment to the position applied for. o Appointment will be made following a vote in public. Ballots will be distributed, the Council members will vote and sign the ballots. Vote will be announced by the City Clerk. The number of ballots will be determined by the number of applicants and vacancies. (Guidelines for determining the number of ballots is attached Exhibit 'A'.) Resolution No. 11828 Page 3 Following appointments, all applicants will be sent a letter and applications will be kept for one year. Presentation of Certificate of Appointment will be scheduled for the next Council meeting. C. GENERAL PROVISIONS 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. Restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. A member shall be considered removed from an advisory body under the following conditions. (a) A member misses more than three consecutive meetings. (b) A member misses 25% of the body's meetings in a calendar year. No application shall be accepted after the deadline. All provisions of this resolution shall apply unless otherwise decided by the City Council on a ease by ease basis. /6 Resolution No. 8828 Page 4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of February, 1993 by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN Members of the City Council Dean, Goldman, Koppel, Sorensen, Szabo None None None ATTEST: APPROVED: /s/Dorothy Cornelius: City Clerk Is/Nick Szabo Mayor, City of Cupertino Resolution No. 8828 Page 5 Exhibit "A" GUIDELINES FOR APPOINTMENTS TO ADVISORY COMMITTEES Vacancies Applicants Ballots 1-5 6.10 2 more than 10 3 2 1-7 1 8-12 2 more than 12 3 3 1-9 1 10-14 2 more than 14 3 CITY OF City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 SUMMARY Agenda Item Date: Oct. 16, 2000 Subject: Recommendation for 2000-'01 Human Services funding program Background: Earlier this year, the City Council determined a funding policy for the Human Services program, which included set funding levels for each of the six agencies that have traditionally participated in the program. This is the first time using the new funding formula, which is based on funding received last year, plus an annual CPI increase. The six agencies submitted applications for the exact amount of money the city has allocated, thus no adjustments to the budget are needed. The Human Services committee, made up of the city manager, the public information officer and two council members, met to review the applications and to ensure that each agency continues to be eligible for the funding. Below is a chart comparing last year's funding program with this year's requests. Cupertino Community Services Cupertino Senior Day Services Longterm Care Ombudsman Outreach & Escort Second Harvest Food Bank Support Network 1999 Allocation 2000 Budget $50,000 $52,200 $12,000 $20,528* $4,555 $4,755 $10,000 $10,440 $5,000 $5,220 $5,500 $5,742 TOTAL: $87,055 $98,885 *Council action authorized Cupertino Senior Day Services to enter the new program with a funding base of $20,000. Recommendation: Approve the 2000-'01 Human Services funding program as described above. Submitted by: Donna Krey Public Information Officer Approved for submission: David Knapp City Manager Printed on Recycled Paper / /~ / CITY OF CUPEI INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 12 AGENDA DATE October 16, 2000 SUBJECT AND ISSUE First reading of Ordinance No. 1862: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.160 of the Cupertino Municipal Code Relating to the Establishment of Parking Prohibition During Certain Hours on the West Side of Mary Avenue." BACKGROUND There is a parking restriction along Mary Avenue in front of the Casa de Anza condominiums on the west side of the street between a point 500 feet north of Stevens Creek Boulevard and 770 feet north of Lubec Street. This restriction is from 2:00 a.m. to 5:00 a.m. daily. It was established in 1977 to restrict overnight track parking. The Board of Directors for the Casa de Anza condominiums has requested its removal and staff has determined there is need to continue the parking restriction. STAFF RECOMMENDATION Staff recommends that the City Council conduct the first reading of Ordinance No. 1862. Submitted by: Acting Director of Public Works Approved for submission: David W. Knapp City Manager Printed o~ Recycled Pa~er ORDINANCE NO. 1862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 1 !.24.160 OF THE CUPERTINO MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PARKING PROHIBITION DURING CERTAIN HOURS ON THE WEST SIDE OF MARY AVENUE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 11.24, Section. 160 be amended to remove the following: Street Sides of Street Limits Exceptions Mary Avenue West Between a point 500 feet north of None Stevens Creek Boulevard and a point 770 feet north of Lubec Street INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16~ day of October, 2000 and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ORDINANCE NO. 1860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE TO INCORPORATE EICHLER DEVELOPMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: There is hereby added to the municipal Code of Cupertino Section 19.28.100, which is to read as follows: WHEREAS, the City of Cupertino initiated the RI ordinance amendment; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the City Council has held one or more Public Heatings on this matter; and WHEREAS, the City Council finds that the subject RI ordinance amendment meets the following requirements: 1. That the new zone encourages the preservation of the Eichler architectural design while allowing redevelopment of a site; and 2. That the proposed change of zone is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels; and 3. That the change of zone promotes the orderly development of the city; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That Chapter 19.28 (Single-Family Residential (R-l) Zones) of the Cupertino Municipal Code is hereby amended as described in attached Exhibit A; and that Exhibit A, attached hereto, is made part of the Cupertino Municipal Code. Section 2. passage. This ordinance shall take effect and be in force thirty (30) days after its INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2"~ day of October, 2000, and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of ,2000, by the following vote: Ordinance 1860 Page 2 Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino Exhibit A Chapter 19.28 Single-Family Residential (R-l) Zones Sections: 19.28.010 Purposes. 19.28.020 Applicability of regulations. 19.28.030 Permitted uses. 19.28.040 Conditional uses. 19.28.050 Site development regulations. 19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation measures for non-accessory buildings and structures. 19.28.070 Permitted yard encroachments. 19.28.080 Exceptions for prescriptive design regulations. 19.28.090 Residential design approval. 19.28.100 Developmem Regulations - Eichler (R-le) 19.28.110 Procedure for exceptions & residential design approval. 19.28.120 Solar design. 19.28.130 Interpretation by the Planning Director. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light and air to individual residential parcels; C. Ensure a reasonable' level of compatibility in scale of structures within residemial neighborhoods; D. Reinforce the predominantly low-intensity setting in the community. E. Preserve the design integrity of homes in neighborhoods with consistem archiiectural themes. 19.28.020 Applicability of regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. 19.28.030 Permitted uses. The following uses shall be permitted in the R-1 single-family residence district: ~ A. Single-family use. B. A second dwelling unit conforming to the provisions, standards and procedures described in Chapter 19.82, except for those second dwelling units requiring a conditional use permit; C. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the prOvisions of Chapter 19.80 of this title; D. Home occupations when accessory to permit requirements contained in Chapter 19.92; E. Horticulture, gardening, and growing of food products for consumption by occupants of the site; F. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; G. Small-family day care home; H. The keeping of a maximum of four adult household pets, provided that no more than two adult dogs or cats may be kept on the site; I. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards; J. Large-family day care homes, which meets the parking criteria contained in Chapter 19.100 and which is at least three hundred feet from any other large-family day are home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; K. Congregate residence with ten or less residents. 19.28.040 Conditional uses. The following uses may be conditionally allowed in the R-1 single-family residence district, subject to the issuance of a conditional use permit: A. Issued by the Director of Community Development: 1. Temporary uses, subject to regulations established by Chapter 19.124. 2. Large-family day care home, which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provided by Section 15.97.46(3) of the State of California Health.and Safety Code, 3. Buildings or structures which incorporate solar design features that require variations from setbacks upon a determination by the Director that such design feature or features will not result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area, 4. Second dwelling units which require a conditional use permit pursuant to Chapter 19.84, 5. Home occupations requiting a conditional use permit pursuant to Chapter 19.92 of this title. B. Issued by the Planning Commission: 1. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.60 E2 of this chapter, provided that the Planning Commission determines that the structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 2. Group care activities with greater than six persons, 3. ReSidential care facility that is not required to obtain a license by the state, county agency or department and has six or less residents, not including the providers, provider family or staff', 4. Residential care facility that has the appropriate state, county agency or department license and seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility. 5. Residential care facility that is not required to obtain a license by the state, county agency or department and has seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility. Congregate residence with eleven or more residents which is a minimum distance of one thousand feet from the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupant. 19.28.050 Site development regulations. A. Lot Area Zoning Designations. 1. Lot area shall correspond to the number (multiplied by one thousand square feet) following the R-1 zoning symbol. Examples are as follows: ZoningSymbol Number Minimum Lot Area in Square Feet R-1 6 6,000 R-1 7.5 7,500 R-1 10 10,000 R-1 20 20,000 The minimum lot size in an R-1 zone is 6,000 square feet. 2. Lots, which contain less area than required by Section 19.28.50 Al, but not less than five thousand square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line. Development on Slopes of Thirty Percent or Greater. 1. Site plans for all development proposals shall include topographical information at contour intervals not to exceed ten feet. Areas where slopes are thirty percent or greater shall be identified on the site development plan. 2. Buildings proposed on a portion of a lot with slopes of 30 percent or greater shall be developed in accordance with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential Hillside Ordinance, Chapter 19.40. or the R-1 zoning ordinance, Chapter 19.28 whichever specific regulation is more restrictive. 3. No structure or improvements shall occur on slopes of thirty percent or greater unless an exception is granted in accordance with Section 19.40.140, unless no more than five hundred square feet of development, including grading and structures, occurs on an area with a slope of thirty percent or greater. 19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation measures for nonaccessory buildings and structures. A. Lot Coverage for First Story Development. A building or buildings may cover no more than forty-five percent of the net lot area. 3 B. Floor Area Ratio. 1. Any new two story house, or two story addition to an existing house, may not cause all structures on the lot to exceed 35% of the net lot area, unless discretionary approval is first obtained from the Design Review Committee pursuant to section 19.28.090. In no event, shall such floor area ratio exceed 45% of the net lot area. 2. A second story shall not exceed 35% of the existing or proposed first story or 600 square feet, whichever is greater. Co Setback - First Story (non-accessory structures). 1. Front Yard. The minimum front yard setback is twenty feet, provided that for a curved driveway the setback shall be fifteen feet as long as there are no more than two such fifteen-foot setbacks occurring side by side. 2. Side Yard. At least one of two side yard setbacks must be no less than 10 feet. The other side yard setback must be no less than 5 feet. Not withstanding the above, a lot less than 60 feet in width and less than 6,000 square feet shall have a minimum side-yard setback of 5 feet on each side yard. In instances where an addition is proposed to an existing building having both side yard setbacks less than 10 feet, the wider setback shall be retained and the narrower setback must be at least 5 feet. Notwithstanding the above, a side yard setback which is existing and legally non-conforming may be extended along its existing setback to no less than three feet from the property line if the applicant obtains written consent from the adjoining property owner thereby affected and receives approval from the Director of Community Development. In the case of a comer lot, a minimum side-yard setback of twelve feet, on the street side of the lot is required. 3. Rear Yard. The minimum rear yard setback is twenty feet unless the usable rear yard area equals, or exceeds, twenty times the lot width as measured from the front setback line. In that case, the minimum rear yard setback is ten feet. Do Setback - Second Floor. (non-accessory structures). 1. The minimum front and rear setbacks are twenty-five feet. 2. The minimum side setbacks are ten feet, provided that, in the case of a flag lot, the minimum setback is twenty feet from any property line. In the case of a comer lot the minimum setback is twelve feet from a street line and twenty feet from any rear property line of an existing, developed single-family dwelling. 3. Setback Surcharge. A setback distance equal to fifteen feet shall be added in whole or in any combination to the front and side-yard setback requirements specified in section 19.28.60 D2 of this section. A minimum of five feet of the fifteen feet shall be applied to the side yard(s). 4. Accessory Buildings/Structures. Chapter 19.80 governs setbacks, coverage and other standards for accessory structures. 5. The height of second story walls are regulated as follows: a. Fifty percent of the total perimeter length of second story walls shall not have exposed wall heights greater than 6 feet, and shall have a minimum 2 foot high overlap of the adjoining first story roof against the second floor wall. The overlap shall be structural and shall be offset a minimum of 4 feet from the first story exterior wall plane. 4 4' min. offset e~ Full height II/' second " floor wall bo All second story wall heights greater than 6 feet, as measured from the second story finished floor, are required to have building wall offsets at least every 24 feet, with a minimum 2 foot depth and 6 foot width. The offsets shall comprise the full height of the wall plane. Second Floor Plan mln c. All second story roofs shall have a minimum of one foot eaves. E. Additional Site Requirements. 1. Height a. Maximum Building Height. The height of any principal dwelling in an R-1 zone shall not exceed twenty-eight feet, not including fireplace chimneys, antennae, or other appurtenances. b. The maximum exterior wall height and building height on single story structures must fit into a building envelope defined by: 1) A twelve feet high vertical line measured from natural grade and located 5' from property lines. 2) A 25-degree roof line angle projected inward at the twelve foot high line referenced in 1.b-1 above. Not withstanding the above, a gable end of a roof enclosing an attic space may have a maximum wall height of twenty feet to the peak of the roof as measured from natural grade. 60'-0" c. Heights exceeding twenty feet shall be subject to the setback regulations in 19.28.60 D. d. The maximum entry feature height, as measured from finish grade to the top of the wall plate, shall be 14 feet. Top of Plate Entry ~ Feature Finish Grade I 2. Areas Restricted to One Story. The City Council may prescribe that all buildings within a designed area be limited to one story in height (not exceeding eighteen feet) by affixing to the R-1 zoning district, the designation "i". However, the limitation may be removed through use permit approval, as provided in Section 19.28.40 B by the Planning Commission. 3. No blank single-story side walls longer than 16 feet shall face a public right-of-way without at least one of the following: At least one offset with a minimum 2 foot depth and 6 foot width. The offset shall comprise the full height of the wall plane. 6 b. Window at least 30"x 30". c. Entry feature leading to a door. d. Trellis with landscape screening. 4. Exceptions for Hillside Areas. Notwithstanding any provisions of Section 19.28.060 E1 to the contrary, the Planning Commission may make an exception for heights to exceed twenty-eight feet under certain circumstances: a. The subject property is in a hillside area and has slopes often percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building or dwelling; d. In no case, shall the maximum height of a structure located on prominent fidgelines, on or above the four-hundred-fifty-foot contour exceed twenty feet in height. F. Privacy Protection Requirements. Required Landscape Planting. a. Requirement: In order to address privacy protection and the reduction in visible building mass of new two story homes and additions, tree or shrub planting is required. An applicant for a new two story home and/or addition must plant at least one tree in front of the new second story in the front yard setback area unless there is a conflict with the tree canopy of any public street tree (Appendix A). b. Planting Plan. A building permit application for a new two story house or a second story addition shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing trees or shrubs. New trees or shrubs shall be shown on the applicant's property within a cone of vision defined by a 30 degree angle from the side window jambs of all second story windows (Exhibit 1). New trees or shrubs are not required to replace existing trees or shrubs if an Internationally Certified Arbofist or Licensed Landscape Architect verifies that the existing .. trees/shrubs are consistent with the intent of Appendix A. In addition, one tree shall be planted in the front yard setback. The planting is required on the applicant's property, unless the Options listed in item D below is applied. This option does not apply to the front yard tree-planting requirement. Planting Requirements. The minimum size of the proposed trees shall be 24" box and 8' minimum planting height. The minimum size of the shrubs shall be 15 gallon and 6' planting height. The planting must be able to achieve a partial screening within three years from planting. The species and planting distance between trees shall be governed by Appendix A. The trees or shrubs shall be planted prior to issuance of a final occupancy permit. An affidavit of planting is required in order to obtain the final occupancy permit (Appendix C). Options. Where planting is required, the applicant may plant on the affected property owners lot in lieu of their own lot or the affected property owner may modify the numbers of shrubs or trees, their types and locations by submitting a waiver to the Community Development Department along with the building permit (Appendix B). This option does not apply to the required tree planting in front yards. Applicability. This requirement shall not apply to skylights, windows with sills above 5' from the floor, non-aligned side-setback windows between two single-family residential homes that have 10' or less building setbacks to the property line, unless 7 the affected property owner agrees to planting. In such cases, windows must be obscure or have a sill height above 5' from the floor, windows facing a right-of-way, and windows facing a non-residential zoning district. Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. Where required planting dies it must be replaced within 30 days with the size and species as described in Appendix A of this ordinance. The affected property owner with privacy protection planting on his or her own lot is not required to maintain the landscaping. 2. Window Alignment. a. Window Alignment. A building permit applicatiOn for a new two story house or a second story addition shall be accompanied by a site plan which includes the adjacent buildings and their existing second story windows. New side two story windows shall not align with existing two story windows on adjacent buildings. The architect shall provide horizontal and vertical projections from the proposed windows to the adjacent windows. b. Waiver. Where window alignment occurs, the applicant may modify this requirement upon receipt of written approval from the affected property owners (Appendix B). c. Applicability. This requirement shall not apply to skylights, louvered windows, windows with a sill height above 5' from the floor, windows facing a right-of-way and windows facing a non-residential zoning district. 19.28.070 Permitted yard encroachments. A. In R-1 zones, where a building legally constructed according to existing yard and setback regulations at the lime of construction encroaches upon present required yards, one encroaching side of the existing structure may be extended along existing building lines even when the existing first-floor setbacks do not meet the requirements of this chapter. Only one such extension shall be permitted for the life of such building. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance, either before or after such property become part of the City. B. The extension or addition may not further encroach into any required setback: e.g., a single story may be extended along an existing five-foot side-yard setback even though the side yard does not equal ten feet. However, in no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. C. Architectural features (not including patio covers) may extend into a required setback area for a distance not exceeding three feet, provided that no architectural feature or combination thereof, whether a portion of a principal or auxiliary structure, may extend closer than three feet to any property line. 19.28.080 Exceptions for Prescriptive Design Regulations Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to section 19.28.60 may be granted as provided in this section. 8 Issued by the Director of Community Development. With respect to a request for two story development which does not meet the development requirements contained in section 19.28.60F (Privacy Protection Requirements) the Community Development Director may grant an exception to allow two-story development if the subject development, based upon substantial evidence, meets all of the following criteria: 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. 3. The proposed development is otherwise consistent with the City's General Plan, any applicable specific plan, and with the purposes of this chapter. 4. The adjoining properties are otherwise protected from unreasonable privacy impacts. B. Issued by the Design Review Committee (Other Prescriptive Design Regulations). The Design Review Committee may grant exceptions from the prescriptive design regulations described in section 19.28.60 exclusive of section 19.28.60E(4) (Hillside Building Heights) and section 19.28.60F (Privacy Protection) upon making all of the following findings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not result in a condition that is materially deh-imental to the public health, safety, and welfare. 3. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties. C. Issued by the Planning Commission (Hillside Building Heights). Notwithstanding any provision of section 19.28.60E(1) to the contrary, the Planning Commission may grant an exception for heights to exceed 28 feet upon making all of the following findings: 1. The subject property is in a hillside area and has slopes often percent or greater. 2. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable. 3. In no ease shall the maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building. 4. In no case shall the maximum height of a structure located on a prominent ridgeline, on or above the 450' contour exceed twenty-eight feet. 19.28.090 Residential Design Approval In the event that a proposed development of two stories exceeds a 35%floor area ratio as prescribed in section 19.28.60B, the applicant shall apply to the Design Review Committee for a special permit to allow for the development; provided, however, in no event shall such application exceed a 45% floor area ratio. In addition to the public hearing and notice requirements described in section 19.28.110, at least ten days prior to the date of the public hearing, the applicant shall install story poles to outline the proposed building exterior walls and roof as further described by procedures developed by the Director of Community Development. The Design Review Committee may grant a special permit only upon making all of the following findings: 9 --/! a. The project will be consistent with the Cupertino Comprehensive General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. b. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. c. The proposed addition/home is harmonious in scale and design with the general neighborhood. d. The proposed addition/home is generally consistent with design guidelines developed by the Director of Community Development. e. The proposed addition/home will not result in significant adverse visual impacts as viewed from adjoining properties. 19.28.100 Development Regulations -- Eichler 0l-le) R-1 e single-family residence "Eichler districts" protect a consistent architectural form through the establishment of district site development regulations. Regulations found in the other sections of this ordinance shall apply to properties zoned R-1 e. In the event of a conflict between other regulations in this chapter and this section, this section shall prevail, Nothing in these regulations is intended to preclude a harmonious two-story home or second story-addition. A. Setback-First Story. 1. The minimum front yard setback is twenty feet. B. Building Design Requirements. 1. Entry features facing the street shall be integrated with the roof line of the house. 2. The maximum roof slope shall be 3:12 (rise over run). 3. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to six inches apart. 4. The building design shall incorporate straight architectural lines, rather than curved lines. 5. Second story building wall offsets described in section 19.28.060 D5b are not required for homes in the Rl-e zone. 6. The first floor shall be no more than 12 inches above the existing grade. Privacy Protection Requirements. 1. Side & Rear Yard Facing Second Floor Windows In addition to other privacy protection requirements in Chapter 19.28.060(F), the following is required for all second story windows: a. Cover windows with exterior louvers to a height of six feet above the second floor, or b. Obscure glass to a height of six feet above the second floor,~or c. Have a window sill height of five feet minimum above the second floor. 19.28.110 Procedure for Exceptions and Residential Design Approvals A. Application and Fee. All applications for approvals described in section 19.28.80 and 19.28.90 shall be made in writing on a form prescribed by the Director of community Development. A fee as prescribed by City Council resolution shall accompany the application. B. Public Hearing - Notice. Upon receipt of an application for approval, the Director of Community Development shall set a time and place for a public hearing before the relevant 10 decision-maker and order the public notice thereof. A notice of the hearing shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment roll) which abut the subject property (including properties to the left, right, and directly opposite the subject property and properties located across a street, way, highway or alley, and shall include owners of property whose only contiguity to the subject property is a single point. Notice shall be mailed at least 10 days prior to the public hearing in which the application shall be considered. The notice shall state the date, time and place of the hearing. A description of the approval shall be included in the notice. If the Director of Community Development believes the project may have negative effects beyond the range of the mailed notice, the Director, in his/her discretion, may expand noticing beyond the stated requirements. Compliance with the notice provisions set forth in this section shall constitute a good faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the City from proceeding to consider or to take action with respect to an application for approval. C. Decision. After closing the public hearing, the decision-maker shall approve, conditionally approve, or deny the application. D. All decisions regarding approvals contained in this section may be appealed by any interested party pursuant to Chapter 19.136. An appeal of the Design Review Committee decision shall be processed in the same manner as an appeal from the decision of the Director of Community Development. E. Expiration of an Exception or Residential Design Approval. A decision for approval which has not been used within one year following the effective date thereof, shall become null and void and of no effect unless a shorter time period shall specifically be prescribed by the conditions of the exception. Aa approval shall be deemed to have been "used" in the event of the erection of a structure when sufficient building activity has occurred and, continues to occur in a diligent manner. The Director of Community Development may grant one additional one-year extension if an application is filed before the expiration date without further notice and hearing. F. Concurrent Applications. Notwithstanding any provision of this chapter to the contrary, an application for Exception or Residential Design Review may, at the discretion of the Director of Community Development, be processed concurrently with other land use approvals. 19.28.120 Solar Design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, in R-1 zones, provided that no such structure shall infringe upon solar ........ ............. ,.._~___""'.~ ";"~'*~__,,___ easements of adjoining property owners. Any solar structure which requires variation from the setback or height restriction of this chapter shall be allowed only upon issuance of a conditional use permit by the Director of Community Development. 19.28.130 Interpretation by the Planning Director. In R-1 zones, the Director of Community Development shall be empowered to make reasonable interpretations of the regulations and provisions of this chapter consistent with the legislative intent thereof. Persons aggrieved by an interpretation of the chapter by the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. 11' Appendix A Landscape Mitigation Measures PRIVACY SCREENING MATERIALS I. NON-DECIDUOUS TREES Height Spread A. Cedrus Deodara - Deodara Cedar to 80' 40' ~ ground 20' B. Melaleuca Linarifolia - FlaxleafPaperbark 30' 12-15' 6' C. Pinus Helipensis - Aleppo Pine 40-60' 20-25' 10' D. Eucalyptus Polyanthemos - Silverdollar 20-60' 10-15' 5' E. Cirmamomom Camphora - Camphor 50' 50' 20' F. Arbutus Marina 40' 35' 15' G. Magnolia Grandiflora - Southern Magnolia 80' 40' 20' Planting Distance -Max The minimum tree size shall be 24" box minimum and a minimum of 8' high-planted height. See Page 2 of Appendix A for minimum planting distance from City street trees for planting in the front yard setback. II. NON-DECIDUOUS SHRUBS A. Pittosporum Eugenoides 40' B. Pittospomm Tenuifolium 40' C. Pittospomm Crassifolium 25' D. Pittospomm Undulatum - Victorian Box 15-40' E. Cupressus Sempervirens - Italian Cypress 60' F. Podocarpus Gracilior - Fern Pine 60' G. Privet Ligustmm -Glossy Privet 3540' H. Laums Nobilis - Grecian Laurel 15-40' I. Rhus Lancia - African Sumac 25' 20' 5' 20' 5' 15-20' 8' 15-40' 8' 3-6' 5' 20' 10' 20' 10' 20' 10' 20' 10' The minimum shrub size shall be 15-gallon minimum and a minimum of 6' high-planted height. See Page 2 of Appendix A for minimum planting distance from City street trees for planting in the front yard setback. Notes: The Community Development Director has the authority to approve other species if they meet the intent of those listed above. Applicant shall be required to submit adequate documentation in order for approval of other planting materials. Documentation shall include a letter from an Internationally Certified Arborist or Landscape Architect stating that the materials proposed will meet or exceed height, spread criteria and growth rate of listed materials and that they are suitable for planting on the applicant's property. The goal is to provide a partial screening after 3 years growth following planting. 12 Appendix A, page 2 Cit~ of Cupertino Street Tree List The purpose of this list is to give the minimum planting distance between the required tree/shrub planting in front yard setbacks and the City street tree. CITY STREET TREE Spread Planting Distance - Min A. St. Mary Magnolia* 20' 10' B. Crape Myrtle* 20' 10' C. Privot 20' 10' D. California Buckeye 20' 10' E. Birch 20' 10' F. Holly Oak 20' 10' G. Aristocrat Flowering Pear* 30' 15' H. Flowering Plum* 30' 15' I. Mayten 30' 15' J. Melaleuca 30' 15' K. Eastern Redbud* 30' 15' L. Brisbane Box * 40' 20' M. Liquid Amber 40' 20' N. Carob 40' 20' O. Geigera 40' 20' P. Rhus Lancia 40' 20' Q. Lirodendron 40' 20' R. Chinese Pistacio* 50' 25' S. Oinko* 50' 25' T. Chinese Hackberry* 50' 25' U. Elm 50' 25' V. Sycamore 50' 25' W. Mulberry 50' 25' X. Silk Tree 50' 25' Y. Raywood Ash 50' 25' Z. Medesto Ash 50' 25' AA. Shammel Ash 50' 25' BB. Camphor 60' 30' CC. Zelkova 60' 30' * Denotes tree currently on street tree list. Other trees previously on list and may currently exist as a street tree. 13 Appendix B Release of Privacy Protection Measures Single Family Residential Ordinance Ordinance 19.28 (Single Family) requires that after September 21, 1998, all new two story additions or homes be required to complete privacy protection measures. Staff may grant a modification or deletion to this requirement if the adjacent affected property owners sign a release agreeing to modify or delete the requirement. Date Property Location Address: I agree to waive or modify the privacy protection measures required of the Single Family Residential Ordinance as follows: Property Owner: Address: 'Phone: Signature: 14 Appendix C Privacy Protection Planting Affidavit Purpose To assure the decision-makers and neighbors that the privacy protection planting has been installed according to the planting plan. Validation An Internationally Certified Arborist or Licensed Landscape Architect shall certify the design and accuracy of the privacy protection planting. Planting Certification I certify that the privacy protection planting and irrigation is installed at: address and it is consistent in design, height and location with the landscape planting and irrigation plans drawn by and dated .(attached). Landscape Architect Name Title Professional License stamp Here Date G:Planning/Ord/Ord 1834 l-OOb2 15 ORDINANC£ NO. lgfil AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A CHANGE OF ZONING FROM R1-6 TO R1-6e FOR APPROXIMATELY 220 PROPERTIES BORDERED BY BOLLINGER ROAD, TANTAU AVENUE, MILLER AVENUE AND PHIL LANE AS DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B" WHEREAS, the City of Cupertino initiated the rezoning of property, as described in this Ordinance; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the City Council has held one or more Public Hearings on this matter; and WHEREAS, the City Council finds that the subject change of zone meets the following requirements: 1) That the change of zone is in conformance with the General Plan of the City of Cupertino, and is consistent with the existing uses on the subject lots; and 2) That the properties involved is adequate in size and shape to conform to the new zoning designation; and 3) That the new zone encourages the preservation of the Eichler architectural design while allowing redevelopment of a site; and 4) That the proposed change of zone is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels; and 5) That the change of zone promotes the orderly development of the city; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and Exhibit B is hereby rezoned to R1-6e, Single Family Residential with a minimum lot size of 6,000 square feet and Eichler Development Regulations; and that Exhibit A and Exhibit B attached hereto are made part of the Master Zoning Map of the City of Cupertino. Section 2. passage. This ordinance shall take effect and be in force thirty (30) days after its /3L-t Ordinance 1861 Page 2 INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2"d day of October, 2000 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of ., 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: Deputy City Clerk Mayor, City of Cupertino PHIL SHADYGROVE ,,, Area to be rezoned from R1-6 to R1-6e Ordinance 1861 Page 4 EXHIBIT B 3/13/00 City of Cupertino Rezoning Application No. 3-Z-00 Description of Properties Proposed for Rezoning All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, corresponding to the Santa Clara County Assessor Parcel Numbers (APN) listed below and consisting of 6 pages (220 properties): ADDRESS # STREET NAME APN 6003 6017 6031 6045 6059 6073 6087 6101 6113 6125 6137 6149 6148 6140 6128 6116 6104 6092 6080 6072 6060 6052 950 948 944 938 932 924 918 910 904 898 890 884 878 870 862 856 851 859 867 875 883 Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Bollinger Road Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Willowgrove Lane Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Ferngrove Drive Femgrove Drive Femgrove Drive Ferngrove Drive Femgrove Drive Ferngrove Drive Femgrove Drive Femgrove Drive Ferngrove Drive Femgrove Drive Ferngrove Drive Femgrove Drive Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue 37538001 37538002 37538003 37538004 37538005 37538006 37538007 37538008 37538009 37538010 37538011 37538012 37538013 37538014 37538015 37538016 37538017 37538018 37538019 37538020 37538021 37538022 37538023 37538024 37538025 37538026 37538027 37538028 37538029 37538030 37538031 37538032 37538033 37538034 37538035 37538036 37538037 37538038 37538039 37538040 37538041 37538042 37538043 Ordinance 1861 Page 5 ADDRESS # 891 899 907 915 923 931 939 947 957 965 977 985 948 940 934 928 920 914 906 898 892 884 880 872 866 858 852 855 861 869 875 883 889 895 903 909 917 923 931 937 943 949 948 942 936 930 922 916 908 902 894 888 882 874 STREET NAME Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Tantau Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Brookgrove Avenue Br'ookgrove Avenue Brookgrove Avenue Brookgrove Avenue Brookgrove Avenue Brookgrove Avenue Brookgrove Avenue Brookgrove Avenue Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrovc Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Bwokgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane APN 37538044 37538045 37538046 37538047 37538048 37538049 37538050 37538051 37538052 37538053 37538054 37538055 37539001 37539002 37539003 37539004 37539005 37539006 37539007 37539008 37539009 37539010 37539011 37539012 37539013 37539014 37539015 37539016 37539017 37539018 37539019 37539020 37539021 37539022 37539023 37539024 37539025 37539026 37539027 37539028 37539029 37539030 37539031 37539032 37539033 37539034 37539035 37539036 37539037 37539038 37539039 37539040 37539041 37539042 Ordinance 1861 Page 6 ADDRESS # 868 860 854 853 859 867 873 881 887 893 901 907 915 921 929 935 941 947 6009 6021 6033 6045 6057 6069 6081 6093 6103 6115 6127 6139 6149 6161 6169 6179 6189 6199 6211 6223 6235 6247 744 740 734 728 720 714 706 698 686 672 658 644 630 616 STREET NAME Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove Lane Brookgrove .ane Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Femgrove Drive Shadygrove Drive Shadyg~ove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygmve Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Shadygrove Drive Stendhal Lane Stendhal Lane Stencthal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane APN 37539043 37539044 37539045 37539046 37539047 37539048 37539049 37539050 37539051 37539052 37539053 37539054 37539055 37539056 37539057 37539058 37539059 37539060 37540001 37540002 37540003 37540004 37540005 37540006 37540007 37540008 37540009 37540010 37540011 37540012 37540013 37540014 37540015 37540016 37540017 37540018 37540019 37540020 37540021 37540022 37540023 37540024 37540025 37540026 37540027 37540028 37540029 37540030 37540031 37540032 37540033 37540034 37540035 37540036 Ordinance 1861 Page 7 ADDRESS # 602 851 859 867 873 891 850 842 830 822 810 6224 6212 6263 6275 6283 6295 6298 6288 6276 6264 6188 6178 846 834 822 812 804 792 774 754 736 716 698 678 660 642 622 604 605 619 633 649 646 632 620 604 603 617 631 645 709 721 729 STREET NAME Stendhal Lane Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Hyde Avenue Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Shadygrove Drive Shadygrove Drive Shadygrove Court Shadygrove Court Shadygrove Court Shadygrove Court Shadygrove Court Shadygrove Court Shadygrove Court Shadygrove Court Shadygrove Drive Shadygrove Drive Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Miller Avenue Phil Court Phil Court Phil Court Phil Court Phil Court Phil Court Phil Court Phil Court Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane APN 37540037 37541001 37541002 37541003 37541004 37541005 37541018 37541019 37541020 37541021 37541022 37541023 37541024 37541025 37541026 37541027 37541028 37541029 37541030 37541031 37541032 37541033 37541034 37542001 37542002 37542003 37542004 37542005 37542006 37542007 37542008 37542009 37542010 37542011 37542012 37542013 37542014 37542015 37542016 37542017 37542018 37542019 37542020 37542021 37542022 37542023 37542024 37542026 37542027 37542028 37542029 37542030 37542031 37542032 Ordinance 1861 733 739 743 747 751 753 765 777 789 799 809 821 829 841 849 Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stenclhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendhal Lane Stendlml Lane Stendhal Lane 37542033 37542034 37542035 37542036 37542037 37542038 37542039 37542040 37542041 37542042 37542043 37542044 37542045 37542046 37542047 Page 8