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6:50 (10). 7:00 (5) AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday, March 6, 2000 Legislative Review Committee - 6:15 p.m. - Conference Room A PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Report from city committee or commission: Library Commission 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 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 13 be acted on simultaneously. 2. Minutes: February 7, 2000. 3. Accounts payable: February 18 and February 25, Resolutions 00-074 and 00-075 4. Payroll: February 18, 2000, Resolution No. 00-076 5. Treasurer's Budget Report: January 2000. 6. Making determinations and approving the reorganization of territory designated "Festival Drive 99-13," approximately 6.85 acres located on the east side of Festival Drive between Kenmore Court and Orogrande Place; Eubanks, Ware, Argenti, Dixon and Perusina (APN 362-17-067), Resolution No. 00-077. 7:00 (5) 7:05 (10) March 6, 2000 Cupertino City Council & Page 2 Cupertino Redevelopment Agency Making determinations and approving the reorganization of territory designated "Berkeley Court 99-11," approximately 0.444 acre located on Berkeley Court between Creston Drive and the Cupertino city limits; Angto (APN 326-12-033, Resolution No. 00- 078. Making determinations and approving the reorganization of territory designated "Byrne Avenue 99-10," approximately 0.234 acre located on the west side of Festival Drive between San Fernando Avenue and Alcazar Avenue; Holt (APN 357-12-029), Resolution No. 00-079. Electing to be subject to the provisions of Section 22873 of the Public Employees' · ~Medical and Hospital Care Act (domestic partners medical and hospitalization insurance coverage), Resolution No. 00-080. Leadership Cupertino/Tomorrow's Leaders Today - Agreement between sponsors to share equally in liability. 11. Improvement agreement, Nan Yin Ku, 10112 Camino Vista Dr., APN 342-14-065, Resolution No. 00-081. 12. Quitclaim Deed, Nan Yin Ku, 10112 Camino .Vista Dr., APN 342-14-065, Resolution No. 00-082. 13. Authorizing execution of Program Supplement 006-M, Federal aid projects (Rt. 85, Stevens Creek Boulevard), Resolution No. 00-083. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 14. Ordering vacation of roadway casement, Rainbow Drive, Resolution 00-084. PLANNING APPLICATIONS Consider approving or denying a use permit to demolish three single-family dwellings and construct eight townhomes totaling 17,112 square feet on a 23,170 square foot lot. Application 16-U-99 (31-EA-99), Stanley Wang (applicant), at 10060 S. Stelling Road, 10051 Bianchi Way. A negative declaration is recommended and this item is recommended for approval. ACTIONS TO BE TAKEN: (a) grant negative declaration Co) approve or deny 16-U-99 (31-EA-99) UNFINISHED BUSINESS March 6, 2000 Cupertino City Council & Page 3 Cupertino Redevelopment Agency NEW BUSINESS 7:15 (,,s) 16. Consider recommendation of Parks and Recreation Commission to install a pedestrian access at Kennedy Middle School along Hyannisport Drive (was continued at 2/22 meeting). 8:00 (10) 17. Consider endorsement of Tri-County Apartment Association's (TCAA) "Moving in for Less" program and direct staff to send attached letter to Cupertino apartment owners inviting them to attend an informational meeting, scheduled for April 3, 2000, and participate in the program. ORDINANCES STAFF REPORTS COUNCIL REPORTS 'Mayor Statton: Association of Bay Area Governments - Alternate Legislative Review Committee Sister City Committee - Toyokawa West Valley Mayors and City Managers Vice-Mayor James: 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 Burnett: Library Expansion Committee 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 March 6, 2000 Page 4 Cupertino City Council & Cupertino Redevelopment Agency 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 Grant Program - Alternate Santa Clara County Emergency Preparedness Commission - Alternate 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 CLOSED SESSION ADJOURNMENT Adjourn to Friday, March 10, noon4 p.m., for goals workshop with staff and review of library elections results. Blackberry Farm Retreat Center, 21975 San Fernando Avenue, Cupertino. REDEVELOPMENT AGENCY MEETING Canceled due to lack of business. mp 3/'2/OO MINUTES CUPERTINO CITY COUNCIL Regular Meeting February 07, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Statton, Vice-Mayor Sandra James, and Council members Don Bumett, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Steve DoMing, Public Information Officer Donna Krey; Public Works Director Bert Viskovich, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation recognizing Katherine Waugh, locally named School Nurse of the Year. Mayor Statton read the proclamation honoring Ms. Waugh for being named School Nurse of the Year by the Bay Coast Section of the Califomia School Nurses Association. Councilmember James congratulated Ms. Waugh and said she valued the experience of working with Ms. Waugh during her time as a member of the school board. Presentation by Cupertino Host Lions Club President John Kolski of financial donations to Blackberry Farm and new Senior Center picnic area. John Kolski, First Vice President of the Cupertino Host Lions Club, presented two checks to be used for the Blackberry Farm picnic area and the new senior center. Mayor Statton accepted with thanks. 3.. Report from city committee or commission: Housing Committee. Cecilia Fu, Chairperson of the Housing Committee, reviewed goals set by the Housing Committee which included the following: 1. Increase supply of affordable units by working with the Planning Commission, City Council, and other interested groups. 2. Promote the creation of employer-assisted housing. 3. Preserve existing stock of affordable units. 4. Work to update the housing element. 5. Support the construction of the 24-unit affordable housing on the comer of Vista Drive and Stevens Creek Boulevard. In addition, they would be looking at endorsing the Tri-County Apartment Association's "Moving in for Less program" which would assist Cupertino teachers. She said Council could assist them by giving the Committee input as to how many BMR units should be in new subdivisions; and by assisting them in educating the community regarding affordable housing in the city. February 7, 2000 Cupertino City Council Page 2 POSTPONEMENTS - None. WRITTEN COMMUNICATIONS - Letter from Creston Homeowners Association regarding Item 10(b). ORAL COMMUNICATIONS Mr. Greg Swanson said he was the chairman of the committee of the Creston Homeowners Association that is working on the issue of annexation. He said that he was also speaking for the owners of the property at 22170 Berkeley Court, Saifu and Cecilia Angto, who concur with the request that the Berkeley Court issue be pulled fi.om the consent calendar. The Angtos and nearly all other residents of Creston, a total of 144 households, are deeply concerned with the present course of annexation. They believe they should have a voice in the matter which city should annex Creston. In a recent survey of 123 households, 98 percent of the 126 who expressed a preference stated that Creston should annex to Los Altos. While this would require a review of the sphere of influence determination, they believe that the 20-year old decision should be reviewed. Mr. Swanson also discussed the following points: 1. County officials clearly stated that residents would be consulted and informed of the advantages of annexation. 2. It is council policy to facilitate annexation by neighborhoods, not piecemeal. The county planning office is currently reviewing their position on development standards in urban pockets. The county staff recommends further clarification on design review and other issues before further annexation actions are taken throughout the county. 3. The residents of Creston have Los Altos addresses and are in the 94024 postal area. Many purchased their properties in the belief that it was a part of the Los Altos community and no clear disclosures were made in recent years on the meaning of sphere of influence. Mr. Swanson asked that the Cupertino city council meet and work with our association and county officials to first find a sensible solution to the Angto's request for a building permit without immediate annexation and then to determine which is the appropriate city of annexation of the Creston neighborhood as a whole. Mr. Pong Ng, 1513 Fairway Drive, Los Altos, project architect and in-law of the applicant. About 8 months ago they submitted their plans to the county, but they were not notified of the annexation issue until very late in the year. The homeowners had decided not to fix the earthquake damage to the home, thinking they would tear it down, and now they're stuck in this situation. Steven Cox, 1538 Chase Drive, Los Altos, said the concern was that this is happening without the homeowners knowing about it, so they would like to start a dialog with the city and the county to voice their concerns and identify options. CONSENT CALENDAR Bumett moved to approve the Consent Calendar as presented with the exception of Item 10(b). James seconded and the motion Minutes: January 3 regular meeting; January 5, January 6, and January 14 regular adjourned meetings; and January 18 regular meeting. February 7, 2000 Cupertino City Council Page 3 7. 8. 9. 10. 11. 12. 13. 14. 15. Accounts payable: January 14, January 21, and January 28, Resolutions 00-040, 00-041, and 00-058. Payroll: January 21, Resolution 00-042. Treasurer's Budget Report, December 1999. Adoption of the Annual Investment Policy. Comprehensive Annual Financial Report 98/99. Setting (a) dates for consideration of reorganization of areas designated: "Festival Drive 99-13," property located on the east side of Festival Drive between Kenmore Court and Orogrande Place; approximately 6.85 acres, Wang (APNs 362-17-002, 362-17-067, and Highway 85 right of way), Resolution 00- 043 (c) "Byme Avenue 99-10," property located on the west side of Byme Avenue between San Femando Avenue and Alcazar Avenue; approximately 0.234 acre, Holt (APN 357-12-029), Resolution 00-045 Approving the destruction of certain records, Resolution 00-046. Recommendation fi.om Planning Commission for Environmental Review Committee representative (Chuck Corr) and alternate (Jerry Stevens). Quitclaim deeds: (a) Chi-Yen Lin and Meng-Yin Lee Lin, 21925 Almaden Ave., APN 357-15-022, Resolution 00-047 (b) Thinh H. Nguyen & Ruby T. Nguyen, 10325 Orange Ave., APN 357-15-060, Resolution 00-048 Improvement agreements: (a) Chi-Yen Lin and Meng-Yin Lee Lin, 21925 Almaden Ave., APN 357-15-022, Resolution 00-049 (b) Julie Heilin Weng & Jen-Ho Wong, 19075 Tilson Ave., APN 375-08-055, Resolution 00-050 (c) Daisy Loh, 10391 Sterling Blvd., APN 375-26-059, Resolution 00-051 (d) Thinh H. Nguyen & Ruby T. Nguyen, 10325 Orange Ave., APN 357-15-060, Resolution 00-052 Grant of easement, roadways: (a) Chi-Yen Lin and Meng-Yin Lee Lin, 21925 Almaden Ave., APN 357-15-022, Resolution 00-053 (b) Thinh H. Nguyen & Ruby T. Ngnyen, 10325 Orange Ave., APN 357-15-060, Resolution 00-054 .2-3 February 7, 2000 Cupertino City C{~uncil Page 4 16. Declaring intention to order vacation of roadway easement, Rainbow Drive, Resolution 00-055. 17. Declaring intention to conduct public hearings concerning nuisances uninhabitable residences: (a) 20091 La Roda Court, APN 369-34-0030, Resolution 00-056 (b) 10645 Cordova Road, APN 342-22-099, Resolution 00-057 - unsafe and Vote Councilmembers Ayes: Bumett, Chang, James, Lowenthal, and Statton Noes: None. Absent: None. Abstain: None. ORAL COMMUNICATIONS (continued) Mr. Leslie Bumell, Holly Oak Drive, said that he believes the library needs more space. However, there's been no information about the plans or cost of using the old library building. He felt it would be appropriate to identify two or three options, price them out, and make the information available to the public. Mr. Bumell noted the Cupertino school district is twice the size of the city, and a great percentage of the full time users of the Cupertino library are in the Cupertino school system but not in the city of Cupertino, which means that they are not going to be responsible for the costs of a new library. That information should also be shared in a very straightforward manner. He also said that he did not think the Mayor should have advocated his position in favor of the library at the time he made his State of the City speech. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. Setting dates for consideration of reorganization of areas designated: (b) "Berkeley Court 99-11," property located on Berkeley Court between Creston Drive and the Cupertino city limits; approximately 0.444 acre, Angto (APN 326- 12-033), Resolution 00-044 Community Development Director Steve Piasecki described the property, noting that it had been prezoned to RI-10 zone in 1980. The applicant and property owner is seeking a building permit, and it's been the policy of the county that suburban development will occur within the cities and not within the county, so the applicant is seeking annexation to the city of Cupertino to enable him to receive city services and obtain those permits. He explained that prior to the time this property was prezoned in 1980, the Local Agency Formation Commission (LAFCO) worked with the cities to establish the sphere of influence and urban service area boundaries of communities. It was determined that the Creston neighborhood was in the Cupertino Sphere of Influence because one must go through it to serve an existing portion of Cupertino, and it is otherwise predominantly surrounded by Cupertino. February 7, 2000 Cupertino City Council Page 5 City Attorney Kilian said a city cannot annex an area that is outside its sphere of influence or its urban service area, so Los Altos could not at this point conduct any kind of annexation because the area is in the Cupertino urban service. When it comes to actual annexation, the city is the conducting authority, but it must go through a process in which there are protest hearings, etc. However, the city no control over what the city of Los Altos wishes to do. He noted that about 15 years ago the city of Los Altos had citywide election on whether to include Creston in its city limits. LAFCO would have to make any sphere of influence changes. In this case there is a property owner who needs city services, and it is the policy of the city that it doesn't serve properties outside the city limits. If building permits are needed, they must annex to the city, so it's kind of an exception to the overall piecemeal policy, and LAFCO doesn't get involved in individual annexations. Bumett said that apparently the big issue is the post office mailing address. Cupertino certainly provides services as well as Los Altos and it's very much more efficient for Cupertino to serve this area. The local school and nearby park are Cupertino facilities. He asked if it would be possible for this neighborhood to keep their Los Altos mailing address Kilian said it might be worthwhile to approach the postmaster and ask how such things are determined. The city would have no interest in changing addresses, only providing services on a more efficient basis. Piasecki said flae postal service decides addresses based on logical service areas and he didn't believe the address would change as the result of this annexation. Viskovich said the city would continue to use the Los Altos address until the whole area got changed. Chang said that even if the whole area comes under the jurisdiction of Cupertino they could still conceivably keep their Los Altos address. Kilian said that really the only choices are whether the property is annexed to Cupertino or stays in the county Burnett suggested that since the proposed action tonight is to merely set a hearing date, he suggested a date be selected at this time. The neighbors can discuss what was said today, and consider other reasons why they might not want to become a part of Cupertino, and then return with their input when the hearing is held. Mr. Swanson said that in the matter of postal addresses, they had been in touch with Congresswoman Eshoo's office and the postal department. He added that in 1981 LAFCO did on the sphere of influence issue, but it also ruled in 1980 by a 5-0 vote that the Creston area would be in the Los Altos sphere of influence. There were some very unusual events that occurred in late 1980 before and after the election, and they contend that circumstances have changed by way of service provision, and it deserves a fresh look. We've talked to representatives of Los Altos and they have not at all rejected the idea of annexing Creston. Bumett moved to adopt Resolution 00-044. James seconded and the motion passed 5-0. February 7, 2000 Cupertino City Council Page 6 PUBLIC HEARINGS - None. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS - None. ORDINANCES 18. Second reading and enactment of Ordinance No. 1843: "An Ordinance of the City Council of the City of Cupertino Authorizing and Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System." The City Clerk read the title.of the ordinance. Burnett moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Bumett moved and Chang seconded to enact Ordinance No. 1843. Motion carried 5-0. STAFF REPORTS COUNCIL REPORTS Legislative Review Committee - Burnett moved to support AB 1303, AB 1612, and Propositions 12, 13, 14, 15, and 26, all on the March 7 ballot; and directed sending a letter to the governor and committee regarding SCA. James seconded and the motion carried 5-0. Lowenthal said he attended a meeting of the County Parks and Recreation commission where he spoke as an advocate for the Union Pacific railroad trail. He asked the county to endorse a task force, including the five cities that would be affected by the trail, and to to provide some funding. It was a well attended meeting, and about 15 members of the audience were residents of Cupertino. James said that the Economic Development Committee had a meeting with developers and brokers about revitalizing some of the older strip malls and smaller centers. It was both informative and problematic. If nothing else, it pointed out the complexity of the issue. The next step will be to invite some of the owners of those centers to continue the discussion in small groups. She thanked Apple Computer for the technology briefing and reception that they did for council and staff. James said that she and Carol Atwood participated in Portal software's all- employee annual meeting this week at the DeAnza College, and she gave a talk on behalf of the city welcoming them into their new corporate offices and asking them to become involved in the community. She attended a county conference on creating a hate-flee community along with other representatives of the city and Chamber members. There were about 500 people at the luncheon alone, talking about how to address the different cultures, interests and the level of stress and growth in the community. February 7, 2000 Cupertino City Council Page 7 Chang said that he enjoyed the state of the city address, and he congratulated the mayor on giving the community a good sense of the direction that the city will be taking this year. He was also looking forward to the senior center groundbreaking ceremony this Thursday. Bumett said that he had attended a water district flood control workshop with Lowenthal. They have made a lot of progress on the program for a parcel tax for flood control and environmental programs in the County. They do not yet know if they will have the necessary two-thirds vote, so it may not make the election in November. He also attended the ABAG Board of Directors meeting. The principal subject was the housing allocations, as well as a presentation on the related issue of returning funding to the cities from the state. The committee came up with a number of recommendations, none of which seemed to fit very well with what the cities wanted. There was a long discussion on appealing the city's quota. In order to appeal their quota, a city has to get another city in the same county to agree to take it. The numbers came from the Legislature and ABAG negotiated with them to reduce the numbers. Cupertino's numbers were adjusted down after staff contacted ABAG and found out that they had calculated the Rancho annexation improperly. Burnett also attended the Bay Area League of Women Voters meeting with his wife and said there was discussion about legislation that would return property taxes and more to cities and cities that provided housing. Lowenthal said in the budgeting for the Santa Clara Valley water district, there's also money for recreational use of stream site areas, so the Parks and Recreation Director may want to pursue that. CLOSED SESSION ADJOURNMENT At 7:42 p.m., the meeting was adjourned to Tuesday, February 22, 5:30 p.m., for interviews and appointments to the Public Safety and Library Commissions. The regular meeting will follow. Kimberly Smith City Clerk RESOLUTION NO. 00-074 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 FEBRUARY 18, 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 15om the funds as hereinafter set forth in Exhibit "A". CERTIFIED: D~rector of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of l~larch ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino o2/16/oo ACCOUNTING PERIOD: 8/00 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMRNT FUND SF~-~CTION CRITERIA: transact.trans_date between "02/14/2000" and "02/18/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575241 02/14/00 M U.C. COOPERATIVE EXTENSI 1106100 1020 575242 02/15/00 1758 PATTI SCHWARTZ 1106100 1020 575242 V 02/15/00 1758 PATTI SCHWARTZ 1106100 TOTAL CHECK 1020 575243 02/15/00 1758 PATTI SCIiWARTZ 1106100 02/18/00 1057 BEI%IEFITAMERICA 110 02/18/00 1057 BENEFITAMERICA 110 1020 575244 1020 575244 TOTAL CHECK 1020 575245 02/18/00 90 BENEFITAMERICA 110 1020 575246 1020 575246 1020 575246 1020 575246 1020 575246 1020 575246 1020 575246 TOTAL CHECK 1 575247 10Zu 575247 1020 575247 1020 575247 1020 575247 1020 575247 1020 575247 1020 575247 1020 575247 1020 575247 1020 575247 1020 575247 TOTAL CHECK 02/18/00 147 CASH 5506549 02/18/00 147 CASH 5506549 02/18/00 147 CASH 5506549 02/18/00 147 CASH 1106529 02/18/00 147 CASH 5506549 02/18/00 147 CASH 5506549 02/18/00 147 CASH 5500000 02/18/00 148 CASH 6308540 02/18/00 148 CASH 6308540 02/18/00 148 CASH 1108201 02/18/00 148 CASH 1108504 02/18/00 148 CASH 6308540 02/18/00 148 CASH 1108201 02/18/00 148 CASH 6308540 02/18/00 148 CASH 1108503 02/18/00 148 CASH 1108602 02/18/00 148 CASH 6308540 02/18/00 148 CASH 1108314 02/18/00 148 CASH 1108501 1020 575248 02/18/00 1156 CNA 110 1020 575249 02/18/00 M CITY GUIDES 5506549 1020 575250 02/18/00 1756 CITY OF SUNNYVAL~-UTILIT 1108511 1020 575251 1020 575251 TOTAL CHECK 02/18/00 1753 COACH HOUSE LIQUORS 1103300 02/18/00 1753 COACH HOUSE LIQUORS 1103300 1020 575252 02/18/00 M COFAM 5506549 1020 575253 02/18/00 984 CROSSROADS CHEVRON SERVI 6308540 ..... DESCRIPTION ...... FACILITY USE FEE CATERING SVCS CATERING SVCS CATERING SERVICES DEPI~qDENT CARE ADMIN FEE 1/00 PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIF~URSEME P~-l-rf CASH REIMBURSEME PETTY CASH REIMBURSEME P~'l-l'f CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME PETTY CASH REIMBURSEME P~-z~,-f CASH REIMBURSEME PETTY CASH REIMBURSEMR P~',-x'f CASH REIMEURSI~ME PETTY CASH REIMEURSEME P~.'r£f CASH REIMBURSEME EMPLOYEE DEDUCTIONS TRIP 3/1/2000 SEWER SVCS REFRESIa~RNTS CREDIT 2/8/00 TOUR/POETRY OF THINC~ ~ASOLINE/CITY VEHICLES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 1 AMOUNT 175.00 746.95 -746.95 0.00 746.95 118.65 769.24 887.89 32.80 6.00 64.96 28.44 9.57 90.99 24.28 10.00 234.24 16.50 13.77 22.39 7.90 4.60 7.56 8.25 7.56 16.23 13.77 34.32 28.70 181.55 145.50 400.00 10.00 579.35 -124.44 454.91 542.00 1614.25 RUN DATE 02/16/00 TIME 18:19:17 - FINANCIAL ACCOUNTIN~ 02/16/00 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/14/2000" and "02/18/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575254 02/18/00 890 DE ANZA PRINTING SERVICE 1103300 1020 575255 02/18/00 1473 1020 575255 02/18/00 1473 1020 575255 02/18/00 1473 TOTAL CHECK EMPIRE EQUIPMENT CO 6308540 EMPIRE EQUIPMENT CO 6308540 EMPIRE EQUIPMENT CO 6308540 1020 575256 02/18/00 242 EMPLO194ENT DEVEL DEPT 110 1020 575257 02/18/00 243 EMPLOYMENT DEVELOPMENT 110 1020 575258 02/18/00 1195 EMPLOYMENT DEVELOPMENT D 1104540 1020 575259 02/18/00 853 JERRY HAAG 1107301 1020 575260 02/18/00 343 ICMA RETIREMENT TRUST-45 110 1020 575261 02/18/00 857 SANDRAJAMES 1101000 1020 575262 02/18/00 391 LEAGUE OF CALIF CITIES 1101000 1020 575263 02/18/00 1755 CINDY MARTINEZ 1104510 1020 575264 02/18/00 1754 MONTA VISTA IMPRESSIONS 5506549 1020 575265 02/18/00 501 OPERATING ENGINEERS #3 110 1020 575266 1020 575266 1020 575266 1020 575266 1020 575266 1020 575266 TOTAL CHECK 02/18/00 833 P E R S 110 02/18/00 833 P E R S 110 02/18/00 833 P E R S 110 02/18/00 833 P E R S 110 02/18/00 833 P E R S 110 02/18/00 833 P E R S 110 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 1020 S75269 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 1020 575269 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 02/18/00 511 PACIFIC BELL 1108601 2617402 1108602 5208003 2308004 1108504 1108201 1108706 5606620 1101200 1101000 1102100 1101500 1104300 1103300 1103500 ..... DESCRIPTION ...... PRINTING CHARGES SUPPLIES PARTS SUPPLIES STATE WITHHOLDING STATE DISABILITY MARK CK ACCT 77652600 PROF SVCS ENDING 1/31 DEFERRED COMPENSATION HOTEL & PERDIEM REGISTRATION/S JAMES MONTHLY SOC & BIRTHDAY UNION DUES RETIREMENT RETIREMENT RETIREMENT RETIREMENT TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 80.50 104.31 284.13 26.00 ~14.44 13401.27 453.40 822.00 1320.00 7205.24 277.00 290.00 50.00 0 361.63 394.68 21298.45 67.20 305.65 67.68 2881.29 25014.95 252.66 63.16 252.66 63.17 63.17 36.22 323.74 208.03 718.19 189.50 379.00 126.33 315.83 473.22 126.33 ~ %0 RUN DATE 02/16/00 TIME 18:19:18 - FINANCIAL ACCOUNTING 02/16/00 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 8/00 C~ECK REGISTER - DISBURSEMENT FIEND ~3~C'TiON CRI~RIA: transact.trans_date between -02/14/2000" and 'O2/18/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 575269 02/18/00 511 PACIFIC BELL 1104000 1020 575269 02/18/00 511 PACIFIC BELL 1104100 1020 575269 02/18/00 511 PACIFIC BELL 1104200 1020 575269 02/18/00 511 PACIFIC BELL 1104510 1020 575269 02/18/00 511 PACIFIC BELL 1104510 1020 575269 02/18/00 511 PACIFIC BELL 1104530 1020 575269 02/18/00 511 PACIFIC BELL 5606640 1020 575269 02/18/00 511 PACIFIC BELL 1104200 1020 575269 02/18/00 511 PACIFIC BELL 1106100 1020 575269 02/18/00 511 PACIFIC BELL 1106265 1020 575269 02/18/00 511 PACIFIC BELL 1106360 1020 575269 02/18/00 511 PACIFIC BELL 1106529 1020 575269 02/18/00 511 PACIFIC BELL 1106500 1020 57526~ 02/18/00 511 PACIFIC BELL 1107200 1020 575269 02/18/00 511 PACIFIC BELL 1107301 1020 575269 02/18/00 511 PACIFIC BELL 1107302 1020 575269 02/18/00 511 PACIFIC BEL~ 1107501 1020 575269 02/18/00 511 PACIFIC BELL 1107502 1020 575269 02/18/00 511 PACIFIC BELL 1107503 1020 575269 02/18/00 511 PACIFIC BELL 1108001 1020 575269 02/18/00 511 PACIFIC BELL 1108101 1020 575269 02/18/00 511 PACIFIC BELL 1108102 ~ 575269 02/18/00 511 PACIFIC BELL 1108322 575269 02/18/00 511 PACIFIC BELL 1108501 10Z0 575269 02/18/00 511 PACIFIC BELL 1108503 1020 575269 02/18/00 511 PACIFIC BELL 1108507 1020 575269 02/18/00 511 PACIFIC BELL 1108508 1020 575269 02/18/00 511 PACIFIC BELL 1108509 1020 575269 02/18/00 511 PACIFIC BELL 5708510 TOTAL CHECK 1020 575270 02/18/00 533 PEP~ LONG TERM CARE PROG 110 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575279 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 1020 575274 02/18/00 625 ~ 575274 02/18/00 625 SAN JOSE WATER COMPANY SAN JOSE WATER COMPA~Y SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JO~E WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER C(IMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COg~PANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY 1108322 1108314 1108321 1108321 1108407 1108407 1108407 1108407 1108407 1108407 1108407 1108303 1108407 1108407 1108407 1108303 1108303 1108504 ..... DESCRIPTION ...... TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE TELEPHONE SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.o'0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 379.00 631.66 63.17 252.66 126.33 126.33 204.05 63.17 189.50 1326.48 42.95 63.17 417.38 126.33 568.49 126.33 757.99 126.33 126.33 252.66 738.08 63.17 15.82 1107.01 1045.16 48.90 54.70 48.90 568.49 13441.25 359.07 54.56 96.82 30.42 30.42 153.72 27.85 7.10 38.13 12.34 12.34 12.34 251.04 59.20 84.59 57.53 144.99 105.48 85.74 RUN DATE 02/16/00 TIME 18:19:19 - FINANCIAL ACCOUNTIN~ 02/16/00 CITY OF CUPERTINO PAGE 4 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/14/2000" and "02/18/2000" FUND - 110 - GENER~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 5708510 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 5708510 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPA~ 1108312 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108302 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108507 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPi~Y 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPA~ 1108503 1020 575274 02/18/00 625 SAN JOSE WATER COMPAN%f 1108303 1020 575274 02/18/00 625 SAN JOSE WATER COMPA~ 1108303 1020 575274 02/18/00 625 SAN JOSE WATER COMPi~NY 1108303 1020 575274 02/18/00 625 SAN JOSE WATER COMPA~ 5708510 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPA~ 5606620 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPltNY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108506 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 5606620 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPi~ 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108321 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPi~NY 1108506 1020 575274 02/18/00 625 SAN JOSE WATER COMPA~ 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 57527~ 02/18/00 625 SAN JOSE WATER COMPANY 1108315 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108312 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108315 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108315 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108407 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108312 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108315 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 5606620 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108315 1020 575274 02/18/00 625 SAN JOSE WATER CO~A~ 5708510 1020 575274 02/18/00 625 SAN JOSE WATER COMPAI~Y 1108408 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108504 ..... DESCRIPTION ...... WATER SERVICE . WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 176.02 9.00 9.00 9.00 92.78 115.63 61.76 123.82 1592.25 67.39 77.27 71.64 57.53 29.58 70.23 224.23 102.93 47.65 198.86 29.58 38.05 51.84 q3 4 26.45 8.75 16.57 67.39 12.34 126.92 12.34 202.01 88.82 8.51 41.96 29.58 29.58 40.93 196.79 214.87 30.42 300.55 343.39 257.71 123.82 206.30 33.81 354.82 92.78 25.00 RUN DATE 02/16/00 TIME 18:19:20 - FINANCIAL ACCOUNTING 02/16/00 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND S~f~TION C~ITERIA: transact.trans_date between "02/14/2000" and "02/18/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSU~ DT .............. VENDOR ............. FUND/DEPT 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 5606620 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108504 1020 575274 02/18/00 625 SAN JOSE WATER COMPAI~Y 5606640 1020 575274 02/18/00 625 SAN JOSE WATER COMPANY 1108314 1020 575274 02/18/00 625 SAN JOSE WATER C(~PANY 1108407 TOTAL CHECK 1020 575275 02/18/00 1011 STATE BOARD OF EQUALIZAT 110 1020 575276 02/~8/00 1075 1020 575277 02/18/00 677 STATE BOARD OF EQUALIZAT 1108005 STATE STREET BANK & TRUS 110 1020 575278 02/18/00 1154 UNITED WAY OF SANTA ChAR 110 1020 575279 02/18/00 302 WASHINGTON M~ 110 1020 575280 02/16/00 M PAPA 1108201 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1o~- 575281 02/16/00 334 ~ 575281 02/16/00 334 10~o 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 -02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 1020 575281 02/16/00 334 TOTAL CHECK 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 HO~E DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF HOME DEPOT/GECF 5708510 1108506 5708510 5606620 1108501 5606626 5606640 5606640 1108504 5606640 1108503 2809213 1108503 1108501 1108504 1108507 1108504 5708510 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ..... DESCRIPTION ...... WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE WATER SERVICE SALES/USE TAS 1/00 HAZ WASTE GENERATOR FE DEFERRED COMPENSATION EMPLOYEE DEDUCTIONS DEFERRED COMPENSATION REGISTRATION 3 · 55EA SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~OUb~ 38.05 9.00 154.39 9.92 56.07 7806.43 602.00 144.00 891.79 136.75 17910.08 165.00 S1.44 19.21 7.45 117.59 88.29 391.22 212.18 492.49 260.34 443.10 160.96 212.70 100.00 100.00 100.00 100.00 88.30 88.29 3033.56 99630.45 99630.45 99630.45 RUN DATE 02/16/00 TIME 18:19:21 - FINANCIAL ACCOUNTING RESOLUTION NO. 00-075 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 FEBRUARY 25, 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 from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: D~rector of Adm~mstmt~ve Services'-- PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of Hatch ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino o2/2~/oo ACCOURT~G ~RIOD: 8/00 CITY OF CUPERTINO CHECK R~HISTER - DISBURSE~ FUND S~ION CS~ITERIA: transacC.trans_date between u02/22/2000# and #02/25/2000" F%~ - 110 - GENERAL FL~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 573128 V 11/05/99 1600 JRREMI/~RO'BRIEN 5506549 1020 574799 V 01/28/00 300 ~ G~A~S 5806449 1020 574871 V 01/28/00 M PAPA 1108407 1020 575282 02/24/00 149 C~H 1107503 1020 575282 02/24/00 149 CASH 1104000 1020 575282 02/24/00 149 C3%SH 1107501 1020 575282 02/24/00 149 C3~H 1104000 1020 575282 02/24/00 149 C~H 1108602 1020 575282 02/24/00 149 CASH 1106500 1020 575282 02/24/00 149 C~H 2204011 1020 575282 02/24/00 149 C~SH 6104800 1020 575282 02/24/00 149 C~H 1106100 1020 575282 02/24/00 149 C3%SH 1104100 1020 575282 02/24/00 149 C3%SH 1104510 1020 575282 02/24/00 149 C~H 2204011 1020 575282 02/24/00 149 C~H 1101000 1020 575282 02/24/00 149 C~1%SH 1104200 1020 575282 02/24/00 149 CASH 1101060 1020 575282 02/24/00 149 C~SH 1101070 T~--'', C~CK 10~u 575283 02/24/00 437 ~TRO ~"WSP~q~S 5208003 1020 575284 02/25/00 1132 3M 2708405 1020 575284 V 02/25/00 1132 3M 2708405 TOTAL C~CK 1020 575285 02/25/00 6 1020 575286 02/25/00 7 AAA FENC~ COMP~Pf INC 1108314 ABAG PLAN CORPORATION 6204550 1020 575287 02/25/00 13 AC~ & SONS SANITATION C 1104400 1020 S75288 02/25/00 1680 ADViM~T~E G~AFIX 1107301 1020 57528~ 02/25/00 1680 AD%~AGE (~IX 1107301 1020 575288 02/25/00 1680 ADVANTAGE G~IX 1107301 TOTAL ~CK 1020 575289 02/25/00 28 AIRGAS 1108303 1020 575290 02/25/00 29 L~ DIA~AI'£Kx~ 5806449 1020 575290 02/25/00 29 LY~ DI;t~AITK~ 5706450 TOTAL CHECK 1020 575291 02/25/00 45 ~ICAN ~FIC S~PLY 2708405 1020 575291 02/25/00 45 ~ICAN%~AFFIC SUPPLY 2708405 TOTAL C~C"K ..... DESCRIPTION ...... G~3IDED TOUR RECREATION PROGRAM MIKE DRAKE DISPLAY AD 3/1/2000 PARTS & SUPPLIES PARTS & S~PLIES FENC~ P~PAIR WC ADMIN FEE 2/00 TOILET P~;tL C~I~R COPIES PRINTING COLOR COPIES SUPPLIES REC~TION PROGP~%M R~C~TION PROG~ SUPPLIES SUPPLIES SALES TO( 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 1 AMOUNT -400.00 -26.00 -27.00 20.00 25.98 24.00 14.00 4.25 56.24 17.00 81.13 12.38 35.60 29.84 35.00 83.00 20.00 17.32 23.10 498.84 226.80 22.80 -22.80 0.00 625.00 774.21 438.41 52.01 443.46 48.06 543.53 31.10 161.00 92.00 253.00 146.14 497.95 644.09 RUN DATE 02/25/00 TIME 08:45:31 - FI~%NCI~ ~OU~TI~ 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENEP, AL FUND CASH ACCT CHECK NO 1020 575292 1020 575293 1020 575294 1020 575294 TOTAL CHECK 1020 575295 1020 575296 1020 575296 1020 575296 1020 575296 1020 575296 TOTAL CHECK 1020 575297 1020 575297 TOTAL CHECK 1020 575298 1020 575299 1020 575300 1020 575301 1020 575302 1020 575303 1020 575304 1020 575305 1020 57530~ 1020 575307 1020 575308 1020 575309 1020 575309 TOTAL CHECK 1020 575310 1020 575311 ISSUE DT .............. VENDOR ............. FUND/DEPT 02/25/00 57 02/25/00 864 02/25/00 67 02/25/00 67 ARAMARK 1104510 CAROL ATWOOD 4209217 AUTOMATIC RAIN COMPANY 1108303 AUTOMATIC RAIN COMPANY 1108321 AW DIRECT INC 6308540 BROWNING-FERRIS INDUSTRI 5208003 BROWNING-FERRIS INDUSTRI 5208003 BROWNING-FERRIS INDUSTRI 5208003 BROWNING-FERRIS INDUSTRI 5208003 BROWNING-FERRIS INDUSTRI 5208003 BRUCE BARTON PUMP SERVIC 1108312 BRUCE BARTON PUMP SERVIC 1108303 BSA ARCHITECTS 4249210 BUBBLE MACHINE CAR WASH 6308540 BULB STORE INC 1106265 C G WRIGHT INC 1101000 C.E.O. SERVICES INC 2204011 CALIFORNIA M~3NICIPAL TRE 1104000 CANNON DESIGN GROUP 110 CENTR~tLWHOLESALE NURSER 1108407 CHILDREN'S ART STUDIO 5806349 CHOI, SUN NEE 580 RAYMOND CHONG 1108602 C~RISTOPH~RS CARPET SERV 1108501 CHRISTOPHERS CARPET SERV 1108504 CITY OF SAN JOSE 5806349 JONAS CLAUS~ 1103501 02/25/O0 1032 02/25/00 1066 02/25/00 1066 02/25/00 1066 02/25/00 1066 02/25/00 1066 02/25/00 1165 02/25/00 1165 02/25/00 872 02/25/00 114 02/25/00 1765 02/25/00 119 02/25/00 121 02/25/00 M 02/25/00 1476 02/25/00 155 02/25/00 160 o2/~s/oo M 02/25/00 911 02/25/00 1453 02/25/00 1453 02/25/00 M 02/25/00 829 ..... DESCRIPTION ...... EMPLOYEE COFFEE REIMBURSEMENT SUPPLIES SUPPLIES SUPPLIES 11/99 & 12/99 OT~R RECYCLABLE 8/99 OTHER RECYCLABLE 10/99 OTHER RECYCLABLE 9/99 6/99 & 7/99 SUPPLIES REBUILT POND PUMP SR CTR EXPANSION CITY VEHICLE CAR WASH PROJECTOR BULBS CONSULTING SVCS REIMBURSEMENT 24473 & 30271 DESIGN REVIEW R6217 SUPPLIES RECREATION PROGRAM RECREATION REFUND TIME & MATERIAL TIME & MATERIAL PRESENTATION 3/13/00 VIDEOTAPING SVCS SALES TAX 0.00 0.00 34.26 12.38 46.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 2 AMOUNT 247.36 2006.40 449.46 162.34 611.80 45.61 1561.50 1436.65 1390.15 1699.25 1970.40 8057.95 160.21 408.39 568.60 4796.34 )0 167.68 557.00 257.77 100.00 440.00 163.02 3327.65 33.00 69.51 120.00 355.00 475.00 40.00 60.00 RUN DATE 02/25/00 TIME 08:45:32 - FINANCIAL ACCO~]~TING 02/25/00 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND ~CTION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575312 02/25/00 173 1020 575312 02/25/00 173 1020 575312 02/25/00 173 1020 575312 02/25/00 173 TOTAL CHECK COCA-COLA BOTTLING OF CA 5706450 COCA-COLA BOTTLING OF CA 5706450 COCA-COLA BOTTLING OF CA 5706450 COCA-COLA BOTTLING OF CA 5706450 1020 575313 02/25/00 1764 COUNTY OF SANTA CLAR~% 1104510 1020 575314 02/25/00 187 MARY J CRAWFORD 5806349 1020 575315 02/25/00 190 CU~4ING HENDERSON INC 1108315 1020 575316 1020 575316 1020 575316 TOTAL CHECK 02/25/00 1407 02/25/00 1407 02/25/00 1407 C%~INGS HENDERSON TIRE 6308540 CU~INGS HENDERSON TIRE 6308540 CU~INGS HENDERSON TIRE 6308540 1020 575317 1020 575317 1020 575317 1020 575317 TOTAL CHECK 575318 02/25/00 194 02/25/00 194 02/25/00 194 02/25/00 194 02/25/00 197 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO TOWN CENTER 2708405 1108504 1108504 2708405 1101500 1020 575319 02/25/00 890 DE ANZA PRINTING SERVICE 1101201 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 i020 57S3~ 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 1020 575320 TOTAL CHECK 02/25/00 209 DE ANZA SERVICES INC 1108506 02/25/00 209 DE ANZA SERVICES INC 1108504 02/25/00 209 DE ANZA SERVICES INC 5708510 02/25/00 209 DE ANZA SERVICES INC 1108507 02/25/00 209 DE ANZA SERVICES INC 1108502 02/25/00 209 DE ANZA SERVICES INC 1108511 02/25/00 209 DE ANZA SERVICES INC 1108314 02/25/00 209 DE ANZA SERVICES INC 1108407 02/25/00 209 DE ANZA SERVICES INC 5708510 02/25/00 209 DE ANZA SERVICES INC 5606620 02/25/00 209 DE ANZA SERVICES INC 5606640 02/25/00 209 DE ANZA SERVICES INC 1108501 02/25/00 209 DE ANZA SERVICES INC 1108501 02/25/00 209 DE ANZA SERVICES INC 1108502 02/25/00 209 DE ANZA SERVICES INC 1108503 02/25/00 209 DE ANZA SERVICES INC 1108509 02/25/00 209 DE ANZA SERVICES INC 1108509 1020 575321 1020 575321 TOTAL C~ECK 02/25/00 661 02/25/00 661 DE ANZASMOG & AUTO P~PA 6308540 DE ANZA SMOG & AUTO R~PA 6308540 :~,W''''~ 575322 02/25/00 1492 DENCO SALES COMPANY 2708405 ..... DESCRIPTION ...... SALES TAX AMOUNT SODA 0.00 346.78 SODA 0.00 161.76 SODA 0.00 373.39 SODA 0.00 346.78 0.00 1228.71 MEMBERSHIP FEE 0.00 3365.00 RECREATION PROGRAM 0.00 856.00 TIME & MATERIAL 0.00 1082.85 SERVICES 91.68 1203.48 LABOR & MATERIAL 7.10 293.60 SERVICES 0.00 95.00 98.78 1592.08 SUPPLIES 0.00 89.99 SUPPLIES 3.52 46.13 SUPPLIES 8.16 107.12 SUPPLIES 0.00 5.82 11.68 249.06 RENT 3/00 0.00 0.00 BLOCK PARTY BORCHURES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 SPECIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 SPECIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 JANITORIAL SVCS 2/00 0.00 0.00 0.00 5.94 SUPPLIES 3884.00 242.50 309.25 5303.77 1952.24 1375.87 75.00 729.53 6051.55 900.37 650.00 401.80 401.80 429.14 2139.71 3754.15 1790.88 610.96 636.85 27512.87 22.70 22.70 45.40 77.94 RUN DATE 02/25/00 TIME 08:45:33 - FINANCIAL ACCOUNTING 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575322 02/25/00 1492 1020 575322 02/25/00 1492 1020 575322 02/25/00 1492 1020 575322 02/25/00 1492 1020 575322 02/25/00 1492 TOTAL CHECK 1020 575323 02/25/00 1354 1020 575323 02/25/00 1354 1020 575323 02/25/00 1354 TOTAL CHECK 1020 575324 1020 575325 1020 575326 1020 575327 1020 575327 TOTAL CHECK 1020 575328 1020 575329 1020 575330 1020 575330 1020 575330 TOTAL CHECK 1020 575331 1020 575331 1020 575331 TOTAL CHECK 1020 575332 1020 575333 1020 575334 1020 575334 1020 575334 1020 575334 TOTAL CHECK 1020 575335 1020 575336 1020 575337 DENC0 SALES COMPANY 2708405 DENCO SALES COMPANY 2708405 DENCO SALES COMPANY 2708405 DENCO SALES COMPANY 2708405 DENCO SALES COMPANY 2708405 DIRECT SAFETY COMPANY 6308540 DIRECT SAFETY COMPANY 6308540 DIRECT SAFETY COMPANY 6308540 02/25/00 220 02/25/00 225 02/25/00 1397 02/25/00 855 02/25/00 855 DISCOUNT SCHOOL SUPPLY 5806349 DONE RIGHT ROOFING & GUT 1108503 BYRON J DUHON 5706450 DULINADVERTISING INC 1104510 DULIN ADVERTISING INC 1104510 o2/25/oo 233 02/25/00 239 02/25/00 240 02/25/00 240 02/25/00 240 ECONOMIC DRIVING SCHOOL 5806249 ELECTRICAL DISTRIBUTORS 1108530 ELIZABETH ANN ELLIS 1101070 ELIZABETH ANN ELLIS 1101070 ELIZABETH ANN ELLIS 1101070 02/25/00 812 02/25/00 812 02/25/00 812 EMERGENCY VEHICLE SYSTEM 6308540 EMERGENCY VEHICLE SYSTEM 6308540 EMERGENCY VEHICLE SYSTEM 6308540 02/25/00 1473 02/25/00 250 02/25/00 253 02/25/00 253 02/25/00 253 02/25/00 253 EMPIRE EQUIPMENT CO EUPHRAT ~3SEUM OF ART EXCHANGE LINEN SERVICE EXCHANGE LINEN SERVIC~ EXCHANGE LINEN SERVIC~ EXCHANGE LINEN SERVICE ..... DESCRIPTION ...... SALES TAX PAGE 4 AMOUNT 02/25/00 1255 02/25/00 264 02/25/00 266 SUPPLIES 0.00 312.03 SUPPLIES 0.00 79.24 SUPPLIES 0.00 94.99 SUPPLIES 0.00 5.42 SUPPLIES 0.00 13.89 5.94 583.51 SUPPLIES 0.00 202.77 SUPPLIES 0.00 128.15 SUPPLIES 0.00 25.52 0.00 356.44 SUPPLIES 0.00 39.10 LABOR & MATERIAL 0.00 1300.00 RECREATION PROGRAM 0.00 69.00 CLASSIFIED AD 0.00 1024.32 CLASSIFIED AD 0.00 711.60 0.00 1735.92 RECREATION PROGRAM 0.00 25P~ O0 SUPPLIES 12.38 lu..38 TRANSCRIPTION 0.00 425.00 TRANSCRIPTION 0.00 425.00 TRANSCRIPTION 0.00 425.00 0.00 1275.00 CREDIT 11/4/99 0.00 -397.69 PARTS 0.00 11.50 TRAFFIC ADVISORS 0.00 632.96 0.00 246.77 6308540 PARTS 0.00 RECREATION PROGRAM 0.00 22.28 4102.41 SUPPLIES 0.00 18.65 SUPPLIES 0.00 96.35 SUPPLIES 0.00 9.48 SUPPLIES 0.00 69.78 0.00 194.26 5806349 5806249 5806249 S806249 5606620 FIRST AUTOMOTIVE DISTRIB 6308540 FITZPATRICK BARRICADE & 2708405 RYAN FORBES 5806449 SUPPLIES 0.00 39.49 PARKIN~ BLOCKS O. O0 279.29 RECREATION PROGRAM 0.00 ~' 40 RUN DATE 02/25/00 TIME 08:45:34 - FINANCIAL ACCOUNTING 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND F'""-~.":TION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 ' GENERAL FUND CASM ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE 5 AMOUNT 1020 575338 02/25/00 268 1020 575338 02/25/00 268 TOTAL CHECK FOSTER BROS SECURITY SYS 1108303 FOSTER BROS SECURITY SYS 2809213 1020 575339 02/25/00 274 FRY'S ELECTRONIC 1108303 1020 575340 02/25/00 1268 GALLI PRODUCE 5806249 1020 575340 02/25/00 1268 GALLI PRODUCE 5806249 1020 575340 02/25/00 1268 GALLI PRODUCE 5806249 1020 575340 02/25/00 1268 GALLI PRODUCE 5806249 TOTAL CHECK 1020 575341 02/25/00 1275 GARDEN CITY SUPPLY INC 5806249 1020 575342 02/25/00 281 C4%RDE1TLJ%ND 1108407 1020 575342 02/25/00 281 C, ARDENLAND 1108408 1020 575342 02/25/00 281 C, ARDENLAND 1108312 1020 575342 02/25/00 281 ~%RDENLAND 1108407 TOTAL CHECK 1020 575343 02/25/00 1335 DENISE GOSS 5806249 575344 02/25/00 1276 GOURMET EXPRESS 5806249 1020 575345 02/25/00 298 ~P, AINGER INC 1108312 1020 575345 02/25/00 298' G~RAINGER INC 1108321 1020 575345 02/25/00 298 GRAINGER INC 1108321 1020 575345 02/25/00 298 ~I~AIN~ER INC 2708405 1020 575345 02/25/00 298 ~RAIN~ER INC 1108312 1020 575345 02/25/00 298 (~AING'ER INC 2708405 1020 575345 02/25/00 298 GRAINIER INC 1108312 1020 575345 02/25/00 298 G~,AIN~ER INC 1108321 1020 575345 02/25/00 298 (~RAIN~ER INC 1108315 1020 575345 02/25/00 298 GRAINGER INC 1108315 1020 575345 02/25/00 298 C~RAIN~ER INC 1108321 1020 575345 02/25/00 298 (~AIN~R INC 1108312 TOTAL CHECK 1020 575346 02/25/00 1766 (~ANIT~ROCK 2708405 1020 575347 02/25/00 1436 G~EENSOD BROKER 1108312 1020 575348 02/25/00 1768 ~ GROVER 5506549 1020 575349 02/25/00 314 H.V. CARTER CO INC 5606640 1020 575350 02/25/00 315 JILL HAFF 5806449 1020 575351 02/25/00 318 HANDS ON LEARNIN~ 5806349 ~w~-- 575351 02/25/00 318 HANDS ON L~a/~NING 5806349 SUPPLIES ENTRY LOCK/KEY BLANK SUPPLIES CATERING SUPPLIES SUPPLIES CATERING SUPPLIES CREDIT 1/12/00 SUPPLIES CULTIVATOR SUPPLIES SUPPLIES CREDIT 1/31/00 RECREATION PROGRAM SUPPLIES SUPPLIES SUPPLIES CREDIT 1/21/00 SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES (~NITE PATCH SUPPLIES FACILITATOR FILTERS RECREATION PROGRAM SUPPLIES SUPPLIES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 93.51 260.74 354.25 184.01 107.90 308.75 56.00 -54.45 418.20 180.65 302.23 532.08 110.53 -345.32 599.52 301.80 308.30 11.9Q 260.07 -149.58 263.73 39.08 43.25 21.23 147.45 26.70 14.07 166.67 95.37 939.94 316.63 198.22 50.00 362.49 402.50 298.73 307.27 RUN DATE 02/25/00 TIME 08:45:35 - FINANCIAL ACCOUNTII~ 02/25/00 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575351 02/25/00 318 TOTAL CHECK HANDS ON LEARNING 5806349 1020 575352 02/25/00 328 LAUREN HENSHALL 5706450 1020 575352 02/25/00 328 LAUREN HENSHALL 5806449 TOTAL CHECK 1020 575353 02/25/00 1410' HILLYARD 5706450 1020 575354 02/25/00 334 HOME DEPOT/GECF 5606640 1020 575355 02/25/00 336 HUMANE SOCIETY OF SANTA 1104530 1020 575356 02/25/00 1610 1020 575356 02/25/00 1610 TOTAL CHECK INDUSTRIAL CON/~ROL COMPO 1108602 INDUSTRIAL CONTROL COMPO 1108602 1020 575357 02/25/00 349 INTERIM PERSONNEL 1107301 1020 575357 02/25/00 349 INTERIM PERSONNEL 1104300 1020 575357 02/25/00 349 INTERIM PERSONNEL 1104300 1020 575357 02/25/00 349 INTERIM PERSONNEL 1107301 1020 575357 02/25/00 349 INTERIM PERSONNEL 1107301 TOTAL CHECK 1020 575358 02/25/00 1524 JEFFREY JADRICK 5806249 1020 575359 02/25/00 M JENKINS, BONITA J 110 1020 575360 02/25/60 M JEONG, DONGSIK 580 1020 575361 02/25/00 361 JOHN GLAGE LS~DERGROUND 2308401 1020 575362 02/25/00 1657 1020 575362 02/25/00 1657 1020 575362 02/25/00 1657 1020 575362 02/25/00 1657 1020 575362 02/25/00 1657 1020 5753~2 02/25/00 1657 1020 575362 02/25/00 1657 1020 575362 02/25/00 1657 TOTAL CHECK JOSEPHINE'S PERSONNEL SE 1106265 JOSEPHINE'S PERSONNEL SE 1106265 JOSEPHINE'S PERSONNEL SE 5506549 JOSEPHINE'S PERSONNEL SE 5506549 JOSEPHINE'S PERSONNEL SE 5806249 JOSEPHINe'S PERSONNEL SE 5806349 JOSEPHINE'S PERSONNEL SE 1106265 JOSEPHINE'S PERSONNEL SE 5506549 1020 575363 02/25/00 935 KAR PRODUCTS 6308540 1020 575364 02/25/00 M KAWAI, SHIGEHIRO 580 1020 575365 02/25/00 1655 SHANE KIBBLE 5806349 1020 575366 02/25/00 1630 KIDZ LOVE SOCCER INC 5806449 1020 575367 02/25/00 377 PETER KOEHLER 5806249 ..... DESCRIPTION ...... SUPPLIES RECREATION PROGRAM RECREATION PROGRAM SUPPLIES SUPPLIES FIELD SVCS/SHELTER 3/0 SUPPLIES SUPPLIES PL4%NNING TEMP TEMP RECEPTIONIST TEMP RECEPTIONIST PLANNING TEMP PLANNING TEMP CATERING STAFF REFUND OF OVERPAYMENT RECREATION REFUND HYDRO FLUSH CATERING STAFF CATERING STAFF CATERING STAFF CATERING STAFF CATERING STAFF CATERING STAFF CATERING STAFF CATERING STAFF SUPPLIES RECREATION REFUND SERVICE 2/11/00 RECREATION PROGRAM RECREATION PROGBAM SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 3158.68 3764.68 184.00 138.00 322.00 50.61 388.08 5336.67 35.60 189.13 224.73 30.00 576.00 720.00 360.00 360.00 20'' O0 luo. O0 108.50 120.00 2160.00 315.40 608.95 608.95. 315.40 347.70 125.40 75.05 75.05 2471.90 174.99 63.00 40.00 8393.20 '' SO RUN DATE 02/25/00 TIM~ 08:45:35 - FINANCIAL ACCOUNTIN~ 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 C'~4~CK RI~GI~T~R - DI~BU~ g~----CTION CRITERIA: transact.trane_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENEP, AL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575368 02/25/00 385 LAB SAFETY SUPPLY 6308540 1020 575369 02/25/00 M LAKE BILTMORE APARTMENTS 1100000 1020 575370 02/25/00 386 MICHAEL LAMB 5806649 1020 575370 02/25/00 386 MICHAEL LAMB 5806649 1020 575370 02/25/00 386 MICHAEL LAMB 5806349 1020 575370 02/25/00 386 MICHAEL LAMB 1106647 TOTAL C~ECK 1020 575371 1020 575372 1020 575373 1020 575374 1020 575374 TOTAL CHECK 1020 575375 575376 1020 575377 1020 575378 1020 575378 TOTAL CHECK 1020 575379 1020 575380 1020 575380 1020 575380 TOTAL CHECK 1020 575381 1020 575382 1020 575383 1020 575384 1020 575385 1020 575385 TOTAL C~IECK 575386 02/25/00 390 LAWSON PRODUCTS INC 2708405 02/25/00 396 PHILLIP M LENIHAN 5806449 02/25/00 405 LONGS DRUGS #114 1108601 02/25/00 1698 MANPOWER INC 5806249 02/25/00 1698 MANPOWER INC 5806249 02/25/00 423 MANTEK CORP 1108312 02/25/00 1378 RICARDO MARTINEZ 5706450 02/25/00 437 METRO NEWSPAPERS 1101070 02/25/00 1238 MICRO CENTER 6104800 02~25/00 1238 MICRO CENTER 6104800 02/25/00 443 02/25/00 447 02/25/00 447 02/25/00 447 02/25/00 455 02/25/00 459 02/25/00 1123 02/25/00 463 02/25/00 465 02/25/00 465 02/25/00 469 MILT.~NNIUMMECHANICAL IN 5606680 MISSION UNIFORM SERVICE 1108201 MISSION UNIFORM SERVICE 1108201 MISSION UNIFORM SERVICE 1108201 HEATHER MOLL 5806249 MOORE BUSINESS FORMS 1104100 MORRISON SCHOOL SUPPLIES 5806349 VICTOR G MOSSOTTI 5806449 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108303 MURPHY'S PRINTING CO 1103300 ..... DESCRIPTION ...... SUPPLIES REFUND/DUP BUSINESS LI JR SCIENTISTS MTGS REIMBURSEMENT PROF SVCS REIMBURSEMENT SUPPLIES RECREATION PROGRAM PHOTO PROCESSING CATERING STAFF CATERING STAFF SUPPLIES QTRLYMAINTENANCE PUBLIC HEARING NOTICE SUPPLIES SUPPLIES TIME & MATERIAL UNIFORM SERVICE SUPPLIES UNIFORM SERVICE RECREATION PROGRAM GREEN BAR PAPER SUPPLIES RECREATION PROGRAM SUPPLIES SUPPLIES COLORING BOOKS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.66 0.00 0.00 2.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 7 201.83 1385.38 270.00 106.75 89.00 16.22 481.97 241.79 126.00 9.46 126.00 126.00 252.00 462.68 125.00 82.50 904.83 1004.86 1909.69 467.04 47.41 82.64 82.64 212.69 555.00 335.95 287.71 322.00 46.70 127.97 174.67 710.39 RUN DATE 02/25/00 TIME 08:45:36 - FINANCIAL ACCOUNTING 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 C}{ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transacC.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUND ~ASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE 8 AMOUNT 1020 575387 1020 575388 1020 575389 1020 575390 1020 575390 TOTAL CHECK 1020 575391 1020 575392 1020 575393 1020 575393 1020 575393 TOTAL CHECK 1020 575394 1020 575395 1020 575396 1020 575396 TOTAL C~CK 02/25/00 1191 NAKANURSERY INC 1108408 02/25/00 1550 ADONIS L NECESITO 1103501 02/25/00 484 NEW PIG CORP 1108005 02/25/00 485 NEWMAN TRAFFIC SIGNS 2708405 02/25/00 485 NEW~ TR~FIC SIGNS 2708405 02/25/00 489 02/25/00 1767 02/25/00 1681 02/25/00 1681 02/25/00 1681 02/25/00 1190 02/28/00 1379 02/25/00 505 02/25/00 505 1020 575397 02/25/00 924 1020 575398 02/25/00 507 1020 575398 02/25/00 507 1020 575398 02/25/00 507 1020 575398 02/25/00 507 1020 575398 02/25/00 507 1020 575398 02/25/00 507 1020 575398 02/25/00 507 1020 5753~8 02/25/00 507 1020 575398 02/25/00 507 1020 575398 02/25/00 507 TOTAL CHECK 1020 575399 1020 575399 TOTAL CHECK 1020 575400 1020 575401 1020 575402 02/25/00 510 02/25/00 510 02/25/00 1568 02/25/00 515 02/25/00 M NOTEWORTHY MUSIC SCHOOL 5806349 NATASHANOWACK 6104800 NU-WAY TOOL SUPPLY INC 1108503 NU-WAY TOOL SUPPLY INC 1108504 NU-WAY TOOL SUPPLY INC 1108501 RONALD OLDS 1103500 OPTIM NUTRITION INC 5706450 OR~I TRAILER 6308540 ORLANDI TRAILER 6308540 CAF. L ORR 1108511 DAN OSBORNE 1108505 DAN OSBORNE 1108503 DAN OSBORNE 1108602 DAN OSBORNE 1108303 DAN OSBORNE 1108303 DAN OSBORNE 1108303 DAN OSBORNE 1108503 DAN OSBORNE 1108505 DAN OSBORNE 1108407 DAN OSBORNE 1108503 SUPPLIES RECREATION PROGRAM SUPPLIES SUPPLIES SUPPLIES RECREATION PROGRAM PEP. DIEM PARTS PARTS PARTS PROFESSIONAL SVCS SUPPLIES TIME &MATERIAL PARTS PARTS & SUPPLIES CONSULTING FEES LABOR & MATERIAL LABOR & MATERIAL LABOR & MATERIAL CONSULTING FEES LABOR & MATERIAL CONSULTING FEES LABOR & MATERIAL CONSULTING FEES LABOR & MATERIAL P~D.M. STEEL 1108314 SUPPLIES P.D.M. STEEL 1108315 SUPPLIES PACIFIC WATER ART INC 1108303 PACIFIC WEST SECURITY IN 1108501 PACIFICANA GROUP 1100000 PANTS & EQUIPMENTS SERVICE CALL REFUND/DUP BUSINESS LI 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 243.56 245.00 152.80 497.20 495.25 992.45 4766.00 168.00 175.45 175.45 175.44 526.34 225.00 ~" 35 6~ ~. 08 41.91 710.99 306.90 340.00 875.00 723.58 1565.53 340.00 986.63 340.00 185.00 340.00 875.00 6570.74 242.47 242.48 484.95 9250.00 75.00 RUN DATE 02/25/00 TIME 08:45:37 - FINANCIAL ACCOUNTING 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND °~'-~.'TTION CRITERIA: transacg.~rans_date bebween "02/22/2000" and "02/25/2000# FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX PAGE 9 AMOUNT 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 1020 575403 02/25/00 516 TOTAL CHECK 1020 575404 02/25/00 520 1020 575404 02/25/00 520 TOTAL CHECK 1020 575405 02/25/00 M 1020 575406 02/25/00 531 575407 02/25/00 534 1020 575407 02/25/00 534 TOTAL CHECK 1020 575408 02/25/00 538 1020 575408 02/25/00 538 TOTAL CHECK 1020 575409 02/25/00 541 1020 575410 02/25/00 543 1020 575411 02/25/00 545 1020 5754~2 02/25/00 546 1020 575413 02/25/00 M 1020 575414 02/25/00 1296 1020 575415 02/25/00 570 1020 575415 02/25/00 570 TOTAL CHECK 1020 575416 02/25/00 581 1020 575416 02/25/00 581 1020 575416 02/25/00 581 ~- 575416 02/25/00 581 PAGING NETWORK OF S J 1104510 PA~ING NETWORK OF S J 1108501 PA~ING NETWORK OF S J 1108501 PAGING NETWORK OF S J 6104800 PAGING NETWORK OF S J 1108501 PAGING NETWORK OF S J 5706450 PAGING NETWORK OF S J 1106265 PAGING NETWORK OF S J 1108501 PAGING NETWORK OF S J 1108601 PAGING NETWORK OF S J 1108102 PAGING NETWORK OF S J 1107501 PAGING NETWORK OF S J 1108201 PAGER SVCS 2/00 PAGER SVCS 2/00 PAGER SVCS 2/00 PAGER SVCS 2/00 PAGER SVCS 2/00 PA~ER SVCS 2/00 PAGER SVCS 2/00 PAGER SVCS 2/00 PAGER SVCS 2/00 PAGER SVCS 2/00 PA~ER SVCS 2/00 PAGER SVCS 2/00 PAPERDIRECT INC 1106265 SUPPLIES PAPERDIRECT INC 5806349 SUPPLIES PARK, HYUNG SUK 580 PEPSI-COLA COMPANY 5806249 PET CENTRE 1106647 PET CENTRE 1106647 PFS TIRES BRAKES AND ALI 5606640 PFS TIRES BRAKES AND ALI 5606640 ROBIN PICKEL 5706450 PINPOINT 1108201 J~PF PISERCHIO 5606640 PITNEY BOWES INC 1104310 POTU, KIRANIMAYI 580 JANET L~E POWER 5806249 RADIO SHACK FILE #96062 1106265 RADIO SHACK FILE #96062 1103501 RECREATION REFUND CATERING SUPPLIES SUPPLIES SUPPLIES TIRE REPAIR TIRE REPAIR RECREATION PROGRAM UNIFORM PROFESSIONAL SERVICES TAPE ROLLS RECREATION REFL~D CAT~RING SUPPLIES SUPPLIES SUPPLIES RELIABLE 1107501 SUPPLIES RELIABLE 1107501 SUPPLIES RELIABLE 1107301 SUPPLIES RELIABLE 1107301 SUPPLIES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 39.95 6.03 6.03 13.74 6.11 17.63 11.61 19.91 20.92 55.80 9.09 14.33 221.15 403.95 300.15 704.10 40.00 353.29 13.08 4.02 17.10 52.50 198.48 250.98 420.00 117.72 1705.00 116.06 75.00 442.41 23.45 21.62 45.07 12.50 26.56 66.33 51.07 RUN DATE 02/25/00 TIME 08:45:37 - FINANCIAL ACCOUNTIN~ 02/25/00 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: ~ransact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575416 02/25/00 581 RELIABLE 1107503 1020 575416 02/25/00 581 RELIABLE 1107301 1020 575416 02/25/00 581 RELIABLE 1107301 1020 575416 02/25/00 581 RELIABLE 1107301 TOTAL CHECK 1020 575417 02/25/00 1071 REPUBLIC ELECTRIC 2709435 1020 575418 02/25/00 845 KEITH REUTER 4209110 1020 575418 02/25/00 845 KEITH REUTER 1108506 1020 575418 02/25/00 845 KEITH REUTER 1107405 1020 575418 02/25/00 845 KEITH ~EUTER 1108507 TOTAL CHECK 1020 575419 1020 575420 1020 575420 TOTAL CHECK 1020 575421 1020 575422 1020 575423 1020 575424 1020 575425 1020 575426 1020 575427 1020 575428 1020 575429 1020 575430 1020 575431 1020 575432 1020 575432 1020 575432 1020 575432 1020 575432 1020 575432 1020 575433 02/25/00 1046 02/25/00 600 02/25/00 600 KATHLEEN J ROBINSON 1104510 ROTO-ROOTER SEWER SERVIC 2308401 ROTO-ROOTER SEWER SERVIC 2308401 02/25/00 601 02/25/00 602 02/25/00 606 02/25/00 611 o2/2~/oo ~ 02/25/00 617 02/25/00 1026 02/25/00 1249 02/25/00 1702 02/25/00 633 O2/25/OO 638 02/25/00 1049 02/25/00 1049 02/25/00 1049 02/25/00 1049 02/25/00 1049 02/25/00 1049 ROYAL BRASS INC 6308540 ROYAL COACH TOURS 5506549 JOYCE RUSSUM 5706450 S C CO TRANSPORTATION 5506549 SAENZ, HOLLY 110 SAN JOSE BLUE 1106265 SANTA CLARAcouNTY 1102100 SANTA CLARA COUNTY 5208003 SANTA CLARA COUNTY LIBRA 1101040 SANTA CLARA COUNTY SHERI 5806349 SARATOGA TREE SERVICE 4209110 SAVIN CORPORATION 5806249 SAVIN CORPORATION 5806449 SAVIN CORPORATION 5506549 SAVIN'CORPORATION 5706450 SAVIN CORPORATION 5806349 SAVIN CORPORATION 1104310 02/25/00 1488 SEARS 1108321 ..... DESCRIPTION ...... SUPPLIES SUPPLIES SUPPLIES SUPPLIES LABOR & MATERIAL TIME & MATERIAL TIME & MATERIAL TIME & MATERIAL TIME & MATERIAL TEAM PLANNING MEETING SERVICE SERVICE PARTS TRANSPORTATION 2/3/00 RECREATION PROGRAM FEB 2000 FLASH PASS REFUND DEPOSIT R5912 SUPPLIES BOOKIN~ FEES HHW PROGRAM 3RD QTE ADDT ' L LIBRARY HOURS SHERIFF 2/11/00 TIME & MATERIAL COPY PLAN COPY PLAN COPY PLAN COPY PLAN COPY PLAN COPY PLAN SUPPLIES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 PAGE 10 AMOUNT 26.22 28.49 28.55 34.08 273.80 4851.00 83.33 83.33 83.34 125.00 375.00 1500.00 94.00 640.00 734.00 76.28 77. ~S 18e.00 153.00 100.00 243.29 118002.00 18750.00 67300.00 133.07 1485.00 1538.41 850.00 1538.41 66.78 850.00 1538.40 .6382.00 RUN DATE 02/25/00 TIME 08:45:38 - FINANCIAL ACCOUNTING 02/25/00 CITY OF CUPERTINO PAGE 11 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURS~NT FL~ND S~--~'TION CRI~RIA: transact.trans_da~e between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUNP CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575433 02/25/00 1488 SEARS 1108501 TOTAL CHECK 1020 575434 02/25/00 647 ELIZABETH SHANNON 5806449 1020 575435 02/25/00 651 SIERRA PACIFIC TURF SUPP 5606640 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 1020 575436 02/25/00 1208 TOTAL CHECK SIERRA SAFETY SUPPLY 1108504 SIERRA SAFETY SUPPLY 1108503 SIERRA SAFETY SUPPLY 1108501 SIERRA SAFETY SUPPLY 1108501 SIERRA SAFETY SUPPLY 1108503 SIERRA SAFETY SUPPLY 1108511 SIERRA SAFETY SUPPLY 1108504 SIERRA SAFETY SUPPLY 1108507 SIERRA SAFETY SUPPLY 2708405 SIERRA SAFETY SUPPLY 1108507 SIERRA SAFETY SUPPLY 1108504 SIERRA SAFETY SUPPLY 1108501 SIERRA SAFETY SUPPLY 1108501 575437 02/25/00 1769 SIGNATW31~E CUSTOM FRAMING 1104300 1020 575438 02/25/00 200 LESLIE SOKOL 5806349 1020 575439 02/25/00 M SPA HOTEL & CASINO 6104800 1020 575440 02/25/00 667 SPECIALTY TRUCKS 6308540 1020 575441 02/25/00 882 MARK SREBNIK 1107301 1020 575442 02/25/00 684 O1ERYL STODDARD 5806449 1020 575443 1020 575443 1020 575443 TOTAL C~ECK .. 02/25/00 695 02/25/00 695 02/25/00 695 SYSCO FOOD SERVICES OF S 5606680 SYSCO FOOD SERVICES OF S 5806249 SYSCO FOOD SERVICES OF S 5806249 1020 575444 02/25/00 698 TALLY'S ENTERPRISES 2708403 1020 575445 1020 575445 TOTAL C~CK 02/25/00 701 TARGET STORES 5806349 02/25/00 701 TARGET STORES 5806349 1020 575446 02/25/00 1770 TELEX C09~4UNICATIONS INC 1106265 1020 575447 02/25/00 709 LOUTHUI~4AN 5806449 1020 575448 02/25/00 710 ~~S 5806249 ..... DESCRIPTION ...... TOOLS RECREATION PROGRAM FERTILIZER SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES FRAMING RECREATION PROGRAM 2/29-3/4/00 #209956 TIME &MATERIAL PHASE IV RECREATION PROGRAM SUPPLIES SUPPLIES SUPPLIES RECONSTRUCTION OF CURB SUPPLIES SUPPLIES REPAIR WIRELESS MIC RECREATION PROGRAM RECREATION PROGI~AM SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 103.04 136.14 437.OO 303.15 42.95 25.87 52.35 12.95 37.58 52.20 19.16 33.06 60.88 34.90 39.14 66.34 27.99 505.37 152.04 184.20 707.68 141.86 2350.00 373.75 373.42 336.01 171.27 880.70 12190.78 31.96 30.94 62.90 32.48 669.50 6237.70 RUN DATE 02/25/00 TIME 08:45:39 - FINANCIAL ACCODlqTING 02/25/00 CITY OF CUPERTINO PAGE 12 ACCOUNTING PERIOD: 8/00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 575449 ISSUE DT .............. VENDOR ............. FUND/DEPT 02/25/00 1619 VENDNET 5806249 1020 575450 02/25/00 742 COSETTE VIAUD 5806349 1020 575451 02/25/00 749 VISA 6104800 1020 · 575451 02/25/00 749 VISA 5806249 1020 575451 02/25/00 749 VISA 5806349 1020 575451 02/25/00 749 VISA 1106100 TOTAL CHECK 1020 575452 02/25/00 749 VISA 6104800 1020 575452 02/25/00 749 VISA 1104001 1020 575452 02/25/00 749 VISA 6104800 1020 575452 02/25/00 749 VISA 1102100 TOTAL CHECK 1020 575453 02/25/00 749 VISA 1101200 1020 575453 02/25/00 749 VISA 1101000 1020 575453 02/25/00 749 VISA 1101200 1020 575453 02/25/00 749 VISA 1101000 1020 575453 02/25/00 749 VISA 1101201 1020 575453 02/25/00 749 VISA 1103300 TOTAL CHECK 1020 575454 02/25/60 749 VISA 1101200 1020 575454 02/25/00 749 VISA 1101000 1020 575454 02/25/00 749 VISA 1101200 TOTAL CHECK 1020 575455 02/25/00 840 BERT VISKOVICH 1108001 02/25/00 745 VMI INC 1103501 02/25/00 745 VMI INC 1103501 1020 575456 1020 575456 TOTAL CHECK 1020 575457 02/25/00 766 WEST BAY STUMP REMOVAL I 1108408 1020 57545.8 1020 575459 02/25/00 769 02/25/00 771 NEST STAR DISTRIBUTIN~ I 1108315 WEST VALLEY SECURITY 1108303 1020 575460 1020 575460 TOTAL CHECK 02/25/00 779 WEST-LIT~ SUPPLY CO INC 1108530 02/25/00 779 WEST-LITE SUPPLY CO INC 1108321 1020 575461 02/25/00 781 DO~ORES WHITTAKER 5706450 5706450 1020 575462 02/25/00 792 LILY WU 1020 575463 02/25/00 794 XEROX CORPORATION 1104310 ..... DESCRIPTION ...... VENDING LOCK RECREATION PROGRAM CLASS FOOD ADMISSION CLASS SUPPLIES AOL/C ATWOOD SUPPLIES AOL/SNERIFF AIRFARE/HOTEL SUPPLIES/MTG SUPPLIES SUPPLIES CONFERENCE SUPPLIES/SCS MTG FILM PROCESSING LUNCH MTG/RENT-A- CAR LUNCH/DINNER MTGS CREDIT 1/12/00 EQUIPMENT RENTAL 1/25 SUPPLIES STUMP GRINDING SUPPLIES KEYS SUPPLIES SUPPLIES RECREATION PROGRAM RECREATION PROGRAM SUPPLIES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.6o 0.00 0.00 0.00 0.00 0.00 0.00 52.72 AMOUF~ 19.10 880.00 330.00 903.00 1162.00 165.00 2560.00 15.98 43.90 991.97 21.95 1073.80 719.15 112.57 84.31 290.00 22.95 19.66 12'* 64 1,~.90 123.98 -4.69 292.19 72.03 81.19 343.69 424.88 400.00 496.46 37.93 43.62 261.62 305.24 483.00 92.00 691.72 RUN DATE 02/25/00 TIME 08:45:39 - FINANCIAL ACCOUNTING 02/25/00 CITY OF CUPERTINO PAGE 13 ACCOUNTING PERIOD: 8/00 CHECK REGIST~R - DISBURS~ FUND ~CTION CRITERIA: transact.trans_date between "02/22/2000" and "02/25/2000# FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 575464 02/25/00 1081 YA~I'S NURSERY 1108303 1020 575464 02/25/00 1081 YAMAC4%MI'S NURSERY 1108303 1020 575464 02/25/00 1081 YAMAGAMI'S NURSERY 1108303 TOTAL CHECK 1020 575465 02/25/00 800 Z.A.P. Fd%NUFAC~L~RING INC 2708405 1020 575466 02/25/00 799 ZANKER ROAD LANDFILL 5208003 1020 575466 02/25/00 799 ZA~ ROAD LANDFILL 5208003 TOTAL CHECK 1020 575467 02/25/00 805 ZUMWALT EI~GINEERING GROU 4209528 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 2709436 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 4209527 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 2709438 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 4209530 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 2709437 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 4209529 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 2709412 1020 575467 02/25/00 805 ZUMWALT ENGINEERING GROU 2709413 TOTAL CHECK 575468 02/25/00 628 SANTA CLARA COUNTY SNERI 1102100 CASH ACCOUNT TOTAL FUND TOTAL REPORT ..... DESCRIPTION ...... SALES TAX AMOUNT SUPPLIES 0.00 196.81 SUPPLIES 0.00 256.47 SUPPLIES 0.00 333.20 0.00 786.48 SUPPLIES 0.00 525.35 0.00 0.00 0.00 PROCESS YARDWASTE 1/00 PROCESS MATERIALS 1/00 16650.01 680.00 17330.01 PROF SVCS 1/00 0.00 2193.16 PROF SVCS 1/00 0.00 615.00 PROF SVCS 1/00 0.00 1369.48 PROF SVCS 1/00 0.00 102.00 PROF SVCS 1/00 0.00 983.00 PROF SVCS 1/00 0.00 1941,00 PROF SVCS 1/00 0.00 741.00 PROF SVCS 1/00 0.00 790,50 PROF SVCS 1/00 0.00 615.00 0.00 9350,14 0.00 230.80 zaw ENFORCEMm~ 2/oo 230.80 230.~0 429780,47 861411.85 861411.85 861411.85 RUN DATE 02/25/00 TI~ 08:45:40 - FINANCIAL ACCOUNTIN~ RESOLUTION NUMBER 00-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON FEBRUARY 18, 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 mounts and fi.om the funds set forth: GROSS PAYROLL $352,425.94 Less Employee Deductions $(110,758.84) NET PAYROLL $241,667.10 Payroll check numbers issued 45924 through 46143 Void check number Director of Ad~-nistrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of llarch ,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 City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. 5" Meeting Date: March 6, 2000 SUBJECT Monthly Treasurer's and Budget Report - January 2000 BACKGROUND Attached is the Treasurer's and Budget report for the period ended January 31, 2000. The report includes all fimds in control of the City. Investments The market value of our current portfolio totaled $40.0 million at month end with a maturity value of $40.3 million. The City intends to hold investments until maturity to redeem full value of the securities currently with a maturity value below market value. The increase in our current investment portfolio of $1.7 million is a result of expenditures being lower than anticipated for the month. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Investments are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. · Revenue/Expenditure Trends General fund revenues are below budget projections at the end of January due to the timing of major tax payments received from the State and County. Operating expenditures for the General Fund remain below budget by 9.52%. Printed on Recycled Paper RECOMMENDATION: Staff recommends that the City Council review and accept the January Treasurer's and Budget report. Submitted by: L~)is ~. Eagle Deputy Treasurer Approved for submission: Donald D. Brown City Manager City of Cupertino Budget Report Actual Actual % of Budget 1/31/00 1998/99 Budget 19c)9/00 Budget YTD 01-31-99 YTD 01-31-00 Over/Under Analysis of Trends GENER/IL FUND Taxes: Sales Tax 8,606,000 9,497,000 5,062,887 6,733,465 21.54% Pr. operty Tax 3,708,000 3,862,000 816,556 1,163,942 -48.33% Payments rec Nov-Jan & Apr-June Utility Tax 1,964,000 2,308,000 1,148,592 1,168,148 -13.23% Franchise & License 2,027,000 2,393,000 741,818 822,758 -41.06% Large payments fcc in lune Other 1,628,000 2,015,000 585,584 942,945 -19.78% Construction tax lower than expected Use of Money & Property 2,158,000 1,930,000 1,263,974 1,106,348 -1.73% Intergovernmental 2,041,331 2,490,706 1,366,455 1,804,108 24.17~ Increased grant and motor vehicle revenues Charges for Services 1,428,000 1,465,000 1,179,960 . 1,034,0_77_ 21.00% Fines & Forfeitures 180,000 361,000 196,967 245,442 16.55% Other Revenue 61,000 61,000 55,739 365,622 927.51% Sale of property Total Revenue 23~801~331 26 382 706 12,418,532 15 386 855 -0.02% Operating Expenditures: Administrative 1,168,017 1,326,787 681,371 716,323 -7.45 % Law Enforcement 5,008,479 5,275,673 2,796,099 2,689,201 -12.62% Community Service 596,465 736,281 367,141 370,959 -13.63% Administrative Service 2,110,092 2,479,812 1,298,331 1,401,087 -3.14% Annual Insurance paid 7/99 Recreation Service 1,305,016 1,516,572 760,467 821,703 -7.12% Community Development 1,681,868 1,994,831 916,028 1,154,772 -0.76% Public Works 7,912,243 8,181,032 3,882,940 4,198,977 -12.1}1% Total Expenditures 19 782 180 21 510 989 10 702 377 11 353 022 -9.52% Operating Transfers In 475,000 725,000 277,079 422,919 0.00~ Operating Transfers Out -9,498,000 -8,736,699 -5,540,502 -5,292,537 3.85% Net Income/Loss -5 003 849 -3 139 982 -3 547 268 -835.786 -46.76% US Treasury Note 59% Investments By TypeI Managed Portfolio ] 0% Corporate Bonds 0% LAtF 20% Money Market 5% Mortgage Obligation 16% 6.20% Rate of Return ComparisonI 6.00% 5.80% 5.60% 5.40% 5.20% 5.00% 4.80% 4.60% 12/98 1/99 2/99 3/99 ' 4/99 5/99 6/99 7/99 8/99 9~99 10/99 11/99 12/99 1/00 ~LAIF Cupertino COMPLIANCE WITH INVESTMENT POLICY !City of Cupertino !January 31, 2000 Category Standard Comment Treasury Issues No limit Complies No limit US Agencies (eg FHLMC) Medium Term Corporate Bonds/Notes LAIF Money Market Funds Maximum Maturities Per Issuer Max Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase agreements 10% with A rating ;20 million 20% Complies Complies Complies Complies 25% up to 15 years Complies (FHLMC at 9.5 yrs) Remainder up to 5 years Complies 10% (except govts) Complies 270 days & 40% Complies 15 % Complies 30% 365 days Prohibited Complies Complies Complies City of Cupertino January 2000 ACTIVITY DATE ~DJUSI'IzD MATURITY MARKET UNREALIZED PURCHASE MATURITY DESCRH' I'ION REF YIELD COST VALUE VALIJE PROFIT/LOSS SECURIIIES SOLD None I SECURITIES MATURED None I SECURITIIZS PURCHASED ] None I I I CURRENT PORTly'OLIO CASH 01/31/00 Cupertino National 0 0 0 0 0 0 0 0 CORPORATE BONDS 0 0 0 0 0 0 0 0 LAIF 01/31/00 State Pool 6f 5.08% 8,055,058 8,055,058 8,055,058 0 MONEY MARKET FUNDS 01/31/00 Cupertino Natl Bank 6j 4.68% 118,244 118,244 118,244 0 01/31/00 Cupertino NatI-Sweep account 6j 4.85% 1,359,442 1,359,442 1,359,442 01/31/00 Schwab 6j 4.70% 567,439 567,439 567,439 0 2,045,125 2,045,125 2,045,125 0 MORTGAGE OBLIGATIONS 07/09/93 04/15/07 FHLMC(P) 6k 6.11% 1,020,931 1,000,000 985,550 (35,38 F~ 09/30/93 09/15/07 FHLMC(P) 6k 7.42% 2,506,898 2,400,000 ! 2,420,208 (86,690', 09/30/93 05/15/08 FHLMC(P) 6k 6.62% 2,951,176 2,860,000 2,750,205 (200,9711 6,479,005 6,260,000 6,155,963 (323,042'~ US GOVERNMENT SECURITIES 12/12/96 06/30/00 Treasury Note 6a 6.00%1 999,527 1,000,000 999,690 163 12/12/96 06/30/00 Treasury Note 6a 6.00% 999,527 1,000,000 999,690 163 08/04/97 11/30/00 Treasury Note 6a 6.01% 2,492,762 2,500,000 2,486,725 (6,037) 08/06/97 05/31/01 Treasury Note 6a 6.05% 2,513,210 2,500,000 2,499,225 (13,985) 08/29/97 07/31/00 Treasury Note 6a 6.03% 1,000,426 1,000,000 1,000,630 204 10/08/97 03/31/00 Treasury Note 6a 5.69% 2,003,574 2,000,000 2,003,760 186 10/08/97 09/30/00 Treasury Note 6a 5.71% 1,002,513 1,000,000 999,380 (3,133) 10/08/97 03/31/01 Treasury Note 6a 5.75% 2,012,968! 2,000,000 1,998,120 (14,848) 10/08/97 09/30/01 Treasury Note 6a 5.79% 2,017,261 2,000,000 1,992,500 (24,7611 06/25/99 11/30/02 Treasury Note 6a 5.90% 2,498,434 2,500,000 2,440,625 (57,8091 01/10/00 12/31/01 Treasury Note 6a 6.31% 2,495,741 2,500,000 2,477,350 (18,391~ 01/10/00 06/30/02 Treasury Note 6a 6.33% 2,499,996 2,500,000 2,477,350 (22,646'~ 01/14/00 05/25/00 Treasury Note 6a 5.58% 982,814 1,000,000 ' 982,110 (704~ 01/14/00 08/17/00 Treasury Note 6a 5.75% 484,812 500,000 484,050 (762'~ 24,003,563 24,000,000 23,841,205 (162,3585 Total Managed Portfolio 40,582,750 40,360,183 40,097,351 (485,400) 5'-7 City of Cupertino January 2000 ACTIVITY DATE~ I ADJUSTED MATURITY I MARKET I UNREALIZED PURCHASE I MATURITY DESCRIPTION KEF YIELD COST VALUE VALUE PROFIT/LOSS I Average Yield I 5.96% Average Length to Maturity (in years) I 3'38 City of Cupertino January 2000 TRUST & AGENCY PORTFOLIO CERTIFICATES OF DEPOSIT: 07/26/99 07/26/00 Cupertino Natl(Kester Trust) 6b [ 4.15% 36,178 36,178 36,178 0 Total Trust & Agency Portfolio 36,178i 36,178, 36,178] City of Cupertino January 2000 ACTIVITY DATE I ADJUSTED MATURITY I MARKET UNREALIZED PURCHASE MATURITY DESCRIPTION REFI YIELD COST VALUEI VALUE PROFIT/LOSS BOND RESERVE PORTFOLIO Traffic Impact Franklin Fiduciary Trust 5.68% 19,100 19,100 19,100 i 0 Memorial/Wilson Escrow B (# 400948) Cash 951 951 951 0 12/16/92 05/15/00 U.S. Treasury- Stripped 6.75% 6,642,313 6,744,000 6,636,096 ! (6,217 6,643,264 6,744,951 6,637,047 (6,217} Escrow Reserves 04/06/93 01/01/03 Repro - Escrow A (400972) 6.25% 2,833,425 2,833,425 2,833,425 0 12/16/92 . 12/16/99 Repro - Escrow A (400957) 6.10%: 836,512 836,512 836,512 0 12/16/92 12/16/99 Repro - Escrow B (400963) 6.10%I 1,329,569 1,329,569 1,329,569 0 4,999,506 4,999,506 4,999,506 0 Blackberry/Fremont Older 1993 Escrow A (0400966) Cash 605 605 605 0 04/06/93 02/15/00 !U.S. Treasury 6.07% 1,811,805 1,810,000 1,811,697 (108) 04/06/93 08/15/00 U.S. Treasury 6.23% 927,469 915,000 928,439 970 04/06/93 02/15/01 U.S. Treasury Stripped Int 6.05% 27,475,173 28,910,000 27,082,599 (392,574) 30,215,051 31,635,605 29,823,340 (391,711) Total Bond Reserve Portfoli¢ 41,876,921 43,399,162 41,478,993 (397,928) 5"-/19 I City of Cupertino Summary of Budget Transfers 1/31/00 Budget , Revenue Expenditure Description ~ Acct # ~ Adiustment Budget ~ Budget 1999/00 ADOPTED BUDGET 47,967,000i 49,753,447 PROJECT CARRYOVERS various 1998/99 CARRYOVER: Encumbrances various 3,461,392 3,461,3~}2 Department carryovers 610-98xx-9400 107,572 107,572 Grant carryovers 110-2401-7014 127,689 127,689' Grant carryovers 110-2402-7014 28,366 28,366 Project carryovers various 7,989,841 7,989,841 Budget carryovers various 1,166,310 1,166,310 Budget carryovers 610-9853-9400 20,000 20,000 REVENUE ADJUSTMENTS: Grant funded projects various 1,742,354 Grant carryovers 110-0000-4432 105,811 Block Grant carryover 110-0000-4431 28,366 TCI equipment purchase 110-0000-4054 155,000 Local law enforcement block grant 110-0000-4431 25,529 OTI for property purchase 420-0000-4900 470,699 Donation - Lions 560-0000-4811 1,000 EXPENDITURE ADJUSTMENTS: Youth Leadership 220-4011-6111 5,000 5,000 Grant funded projects various 1,742,354 1,742,354 City channel equipment 110-3500-9400 155,000 155,000 Human service program. 110-3300-7102 29,585 29,585 Telecom grant-K. Tully 110-1031-6206 250 250 Stelli'ng Rd Annexation 110-7305-7014 4,000 4,000 Local law enforcement block grant 110-2402-7014 28,366 28,366 SJ Conservation Corp P.O. 29939 110-8601-7014 5,568 5,568 HR Litigation cost 1104511-7014 25,000 25,000 Telcom grant adjustment 110-1031-6206 -250 -250 OTO for property purchace 110-0100-8020 470,699 470,699 Purchase of property 420-9217-8020 470,699 470,699 Donation- Lions 560-6620-9300 1,000 1,000 Library expanded hours 110-1040-7018 85,000 85,000 1999/00 ADJUSTED BUDGET · 50,495,759 65,676,889 5' tl 8,000,000 IRevenue Comparison 7,000,000 6,000,000 5,000,000 4,000,000 l1 Sales Tax 2 Property Tax 3 Utility Tax 4 Franchise & License 5 Other 6 Money and Property 7 Intergovernmental [8 Charges For Services [9 Fines & Forfeitures 10 Other Revenue RIYTD 01/31/99 mY'rD 0t/31/00 1,000,000 3 4 5 6 7 8 9 10 4,500,000 4,0~,0~ 1 Administration 2 Law Enforcement Community Service Admin. Service Recreation Service Community Dev. Public Works 01/31/99 01/31100 1 2 3 4 5 6 7 Capital Projects 12/3111999 Fund ~ Description CIO enc CIO bud.qet Adopted chan.qe Total Bud.qet Encumbrance Expenditure Current Bal. 210 9612 Minor Storm Drain Improv 75,000 75,000.00 3,948.62 71,051.38 215 - 9620 Storm Drain Projects 1,084,743 -- 1,084,743.00 51,347.00 33,073.6§ 1,000,322.32 270 9306 Stev Crk/Tantau to E.city Imt. 57,585 57,585.00 1,385.60 55,999.58 199.82 270 9309 DeAnza Rainbow-Prospect 15,836 15,836.00 15,836.00 270 9401 .Barrier Removal 41,839 41,839.00 41,839.00 270 - 9405 ~ DeAnza/Stev Creek to Alves 301,690 301,690.00 17,996.87 283,693._13 270i 9410 Bikeway masterplan 32,000 32,000.00 32,000.00 270 9411 W.Stev Creek bike lane 1,617.98 23,824 --- 25,441.981 8,455.00 1,565.3~ 15,421.68 270 9412 S.Stelling bike lane 13,500.00 86,500 50,000 150,000.00 51,075.50 8,104.50 90,820.00 270 9413 De Anza bike lane 60,000 60,000.00 4,873.50 2,626.50 52,500.00 270 9420 Local share of grants 0 200,000 (186,840) 13,160.00 13,160.00 270 9421 Measure A CIP improvements 0 2,000,000 2,000,000.00 2,000,000.00 270 9422 Stevens Creek Improvements 14,297.00 6,623 20,920.00 25,991.08 (5,071.08) 270 9431 Stev Crk/Blaney TlS modification 0 75,000 75,000.00 800.00 74,200.00 270 9432 Hmstd belleville T/S modif. 0 75,000 75,000.00 75,000.00_ 270. 9434 Underground Stev Crk 0 80,000 80,000.00 80,000.00 270 9435 Neighborhood traf calming .... 0 100,000 --- 100,000.00 18,640.00 12,500.00 68,860.00__. 270 9436 Stev Crk Trail Bike facilities 0 - 50,000 50,000.00 11,048.00 402.00 38,550.00 270 9437 Bike lanes on Tantau ave. 0 350,000 350,000.00 17,168.50 331.50 332,500.00 270 9438 Miller Ave bike facilities 0 275,000 275,000.00 44,740.00 2,260.00 228,000.00 270 9439 McClellan pedes safety 0 35,000 35,000.00 25,000.00 10,000.0u 270 9440 Wolfe bike facilitiy improv 0 125,000 125,000.00 38,863.00 1,637.00 84,500.00 270 9441 Bike detection enhancement 0 26,495 26,495.00 19,075.00 7,420.00 270 9442 Bollinger Pedestrian walk 0 146,000 146,000.00 145,777.64 222.36 270 9502 Saratoga/Sunnyv'l TlS interconne 13,588.00 12,587 0 26,175.00 16,244.00 20,745.30 (10,814.30) 270 9517 Vliller at Phil 34,076 34,076.00 31,734.20 1,464.57 877.2~ 270 9531 Ramp meter signal 280/85 0 500,000 500,000.00 500,000.00 270 9532 SR85/Stev Crk TiS modification 0 75,000 75,000.00 75,000.00 280 9213 McClellan Ranch bldg improv. 100,023 133,000 233,023.02 10,558.95 222,464.07 420 9108 Park Renovations 108,338 250,000 358,338.00 13,752.67 16,071.00 328,514.33 420 9110 Stocklmeir Property Acquisition 4,990.00 20,025 25,015.00 18,808.47 _ 6,206.53 420 9113 Stev Crk trail masterplan 0 80,000 80,000.00 77,151.72 2,848.28 0.00 420 9114 Memorial Park bathroom remodel 0 200,000 200,000.00 842.50 14,280.69_ l- 184,876.81 420 9206 ADA 91 271,964 400,000 671,964.00 15,897.50 12,197.o0 ~ 643,869.00 420 9216 Service center expanison 0 250,000 250,000.00 250,000.00 420 9217 Housing Assistance 0 .0 470,699 470,699.46 470,699.46 0.00 420 9429 DeAnza Bridge Widening 20,264 20,264.00 6,482.30_ __13,781.70 420 9430 Stev Canyon Rd widening 17,732.00 10,460 1,000,000 1,028,192.00 163,600.00 17,732.00 846,860.00 420 9523 85 @ Sty. Creek RT lane 5,926 5,926.00__ 5,926.00 420 9524 DeAnza/Stev Creek arterial mgmt 266,257.14 312,170 578,427.14 387,111.44 184,643.97 6,671.73 420 9525 Homestead Arterial Mgmt Proj. 77,928.81 2,738 80,666.81 19,123.26 58,805.55 2,738.00 420 9526 Stevens Crk @ Saich Signal 117,719.83 2,535 120,264.83 22,471.93 95,247.90 2,535.00 420 9527 Homestead/Tantau TiS upgrade 71,000 71,000.00 8,800.00 62,200.00__ 420 9528 280/Wolfe traffic safety improv. 500,000 500,000.00 21,000.00 _ 37.00 478,963.00 420 9529 Wolfe Rd.arterial 0 150,000 150,000.00 14,898.00 102.00 135,000.00 : Capital Projects 1213111999 F~nd Pmi# - Description ' CIO enc CIO bud.qet Adopted chan,qe Total Bud,qet Encumbrance Expenditure Current Bal. 420 9530 Phase III Hmstd arterial mgmt 0 146,699 146,699.00 43,295.00 1,295.00 102,109.00 420 9801 Stevens Canyon Landfill 0 *YE adj. 0.00 102,635.61 (102,635.61 421 9310 Stev. Creek Specfic Plan 65,477.16 -~54 64,231.16 13,171.25 45,831.83 5,228.08 422 9208 Creekside Park 138,656 138,656.00 1,648.44 5,553.23 131,454.33 423 9214 Library expansion 7,400.00 45,122 52,522.00 15,060.24 33,751.35 3,710.41 424 9210 Senior Center Expansion 335,218.73 3,855,982 4,191,200.73 261,259.91 80,961.29 3,848,979.53 425 9313 Four Season Comer 26,518.76 70,171 57,000 153,689.76 26,518.76 0.00 127,171.00 560 9105 Blackberry Farm 12,216.46 165,645 175,000 352,861.46 3,270.00 42,869.78 306,721.68 560 9112 BBF master plan study 0 50,000 50,000.00 50,000.00 560 9211 Blue Pheasant ADA 15,729 15,729.00 15,729.00 570 9209 Sports Center ADA 8,548.15 3,467 12,015.15 2,770.11 5,778.04 3,467.00 570 9212 Sports Ctr.fltness expansion 0.00 436,569 436,569.00 1,360.00 0.00 435,209.00 Total 981,010.02 7,989,844 5,125,000 2,213,053 16,308,904.50 1,556,087.64 1,458,979.73 13,293,837.13 RESOLUTION NO. 00-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "FESTIVAL DRIVE 99-13", APPROXIMATELY 6.85 ACRES LOCATED ON THE EAST SIDE OF FESTIVAL DRIVE BETWEEN KENMORE COURT AND OROGRANDE PLACE; EUBANKS, WARE, ARGENTI, DIXON AND PERUSINA (APN 362-17-067) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 6.85 acres on the west side of Festival Drive (APN 362-17-067) has been filed by property owners Anne Eubanks, Richard Ware, Pamela Ware, Jerome Argenti, Carla Argenti, Mary Dixon, and Nicholas Perusina; and WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00- 043 initiating proceedings for annexation of the area designated "Festival Drive 99-13"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public heating; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Festival Drive 99-13", more particularly described in Exhibit "A"; That the following findings are made by the City Council of the City of Cupertino: Resolution No. 00-077 Page 2 bo That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy of annexing when providing City services. Co The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d° The City Council on August 25, 1980 and January 3, 2000, enacted ordinances prezoning the subject territory to City of Cupertino Pre R1-6 zone and Pre-T zone. Annexation to the City of Cupertino will affect no changes in special districts. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. ho That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexaiion is consistent with the City's General Plan. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. o That said annexation is hereby ordered without election pursuant to Section 35151 et seq. of the Government Code. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. Resolution No. 00-077 Page 3 BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached fi.om the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino FESTIVAL DR. 99-13 EXHIBIT "A" Annexation to the CITY OF CUPERTINO Date: October21, 1999 Revised: December27, 1999 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the most northwesterly corner of Lot 7, as said lot is shown on that certain map of Tract No. 7694 recorded in Book 544 of Maps at pages 56 and 57, Santa Clara County Records, said comer being on the easterly boundary of Annexation 'S. Stellin9 Road 81-3"; thence northerly and easterly along said boundary North 0002'50" East 257.86 feet; thence South 89°59'38" East 230.31 feet; thence North 42041'46" West 27.22 feet to a point on the southerly line of Annexation "Stelling No. 12" (now Cupertino per San Jose-Cupertino Municipal Reorganization); thence along said southerly line South 89059'38" East 367.68 feet to the most westerly comer of Annexation "Stelling Road 88-05"; thence along the southwesterly line of said annexation South 47°02'51" East 315.52 feet to the beginning of a curve; thence along a curve to the left through a central angle of 85°34'46" having a radius of 25.00 feet, an arc distance of 37.34 feet to a point of reverse curvature; thence along a curve to right through a central angle of 12°04'41" having a radius of 232.50 feet, an arc distance of 49.01 feet; thence North 59027'04" East 15.73 feet to a point on the westerly line of Annexation "Stelling Rd 'D' 80-45"; thence along said westerly line South 0°02'50" West 495.51 feet to a point on the northeasterly boundary of Annexation "Orogrande 79-7"; thence westerly and northerly along the boundary thereof North 89059'00" West 229.20 feet; thence North 0002'50" East 270.80 feet; thence South 72002'28" West 46.24 feet; thence South 35°17'28" West 19.39 feet to the most easterly corner of Annexation "South Stelling Road 85-03",, said comer being on the southwesterly line of Festival Drive; thence along the northeasterly line of said annexation North 40°40'22" West 337.52 feet; thence along the northerly boundary of said annexation South 88°11'55" West 27.39 feet; thence South 45002'50" West 141.95 feet; thence North 89°59'38" West 174.69 feet to said .Annexation "S. Stelling Road 81-3"; thence along the easterly boundary thereof North 89°59'38' West 90.40 feet to the point of beginning. Containing 6.85 acres, more or less. Charles W. Davidson Co. Ray R. Bold License Exp. 3-31-01 SAN JOSE-CUPERTINO MUNICIPAL REORGANIZATION ,. I L ....... Mo'o2'5o"~ 257.a6 TRACT 7694 $. STELLING ROAD 81-3 495.51 362-17-067 N0'0~'$0'£ 270.a0 ', I SJS" I 7*2 8 *W ' 19.39 i OROGRANDE 79- 7 : ! .43' LOCATION MAP · LEGEND: .... ANNEXATION BOUNDARY ,~ CUPERTINO CITY LIMIT .... PREVIOUS ANNEXATION BOUNDARY ~ PROPERTY LINE ~--- $TREET CENTERUNE APN ASSESSOR'S P~ NUMaER ANNEXATION AREA: 6.85 ACRES REVISED: 12-2 7- 99 RAY R. 8¢~.0 RC£ 142~ LICENSE EXP. .7-31-01 EXHIBIT PROPOSED ANNEXATION TO THE CITY OF CUPERTINO EN17TLED: FESTIVAL DR. 99-I$ DATE: 10-21-99 {dCAL~: B~' ~L.R. I C~SUL~ CML ENGINE. S ~. (4~)~5-9162 r~ (4~) 993-1511 CIT? OF CUPE INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 77%3354 FAX (408) 77%3333 AGENDA ITEM 7 Summary AGENDA DATE PUBLIC WORKS DEPARTMENT March 6, 2000 SUBJECT AND ISSUE Approving the reorganization of territory designated "Berkeley Court 99-11 ." BACKGROUND The City has received a petition for the aforementioned area that constitutes 100% consent for annexation. On this basis, the City of Cupertino acts as lead agency and under Government Code Section 56826, the City Council is the conducting authority for a reorganization, including an annexation, to the City. Also, on the basis that it is 100% consent, the City Council may approve or disapprove the annexation without a public hearing. Upon City Council approval of reorganization, the property is hereby annexed and only requires LAFCO to certify City Council action. STAFF RECOMMENDATION That the City Council approve the reorganization and annexation of territory designated "Berkeley Court 99-11." ert J. 9i irector ~ lb' ~f Public Works City Manager -7-/ Printed on I~ecycled Paper RESOLUTION NO. oo-o78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "BERKELEY COURT 99-11", APPROXIMATELY 0.444 ACRE LOCATED ON BERKELEY COURT BETWEEN CRESTON DRIVE AND THE CUPERTINO CITY LIMITS; ANGTO (APN 326-12-033) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.457 acre on the east side of Imperial Avenue (APN 326-12-033) has been filed by Property owner Saifu Angto; and WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00- 044 initiating proceedings for annexation of the area designated "Berkeley Court 99-11"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public heating; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Berkeley Court 99-11", more particularly described in Exhibit "A"; That the following findings are made by the City Council of the City of Cupertino: That said territory is uninhabited and comprises approximately 0.444 acre. Resolution No. 00-078 Page 2 That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy of annexing when providing City services. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. The City Council on June 17, 1980, enacted an ordinance prezoning the subject territory to City of Cupertino Pre RI-10 zone. Annexation to the City of Cupertino will affect no changes in special districts. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. ho That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. jo That the proposed annexation does not split line Of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. m° That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. o That said annexation is hereby ordered without election pursuant to Section 35151 et seq. of the Government Code. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. Resolution No. 00-078 Page 3 BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March, 2000, by the following vote: Vote AYES: NOES: ABSENT: Members of the City Council ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A BERKELEY CT. 99-1~. All of that real property situate in Santa Clara County, California described as follows: BEGINNING at the Southwesterly corner of Lot 116 as shown on the Map for Tract number 1456 recorded in Book 55 of Maps at page 40, Santa Clara County records, said point also lying along an Annexation line of the City of Cupertino, as defined by the Annexation titled "Ainswodh 67-3"; thence N10°51'10"E 187.36 feet along said Annexation line; thence N37°57'20"W 17.89 feet; thence leaving said Annexation line and proceeding N43°10'00"E 60.45 feet to a point on the boundary of Berkeley Court; thence along said boundary on a nontangent curve to the left with an initial tangent bearing of S46°50'00"E, an internal angle of 66025'20'', a radius of 42.00 feet, and a length of 48.69 feet; thence leaving said boundary and proceeding along the Westerly line of said Lot 116 S23015'20"E 116.60 feet; thence S51000'00"W 202.00 feet to the point of BEGINNING. Containing 0.444 acre more or less and consisting of all of Lot 116 as shown on the above- mentioned Map. Ang-exha.doc REVISED 12-1-99 TO EXHIBIT B PROPOSED ANNEXATION THE CITY OF CUPERTINO ENTITLED BERKELEY CT. 99-11 L=48.69' R=42.00' .A = 66'25'20" \ \ \ SCALE: 1" = ~0' ,( N57"57'20"E 17.89' CITY UMITS OF CUPERTINO LIMITS OF ANNEXATION "AINSWORTH 67-3" 0 LOT VICINITY M A P-""x SITE~ POB R: N43'10'O0"E APN 326-12-055 PROPOSED ANNEXATION 0.44 AC (19,170 SQ. FT.) "" CUPERTINO CITY LIMITS PROPOSED ANNEXATION LIMITS SEPTEMBER 22, 1999 REVISED 12-1-99' Memo To; From: CC: Date: Re= Honorable Mayor Statton and Members of the City Council Steve Piasecki, Director of Community Developme~:~ Donald Brown, City Manager March 6, 2000 Request from Saifu and Cecilia Angto to consider May 17, 1999, as the effective date of their building permit application Background In May 1999, Saifu and Cecilia Angto filed a building permit application with the County of Santa Clam to construct a 3,500 square foot home and 835 square foot garage on a 0.53-acre parcel. The floor area ratio equals approximately 19%. The Angto's were required to file an application of annexation to the City of Cupertino, which requires compliance of Cupertino zoning and building standards upon annexation. On June 3, 1999, the new Single-Family Residential Zoning Ordinance went into effect. The ordinance establishes: · A maximum floor area ratio (FAR) of 35% · Design standards for the size of second-story elements relative to the single-story building elements · Maximum percent of second-story walls that may exceed six feet in height. · A design review process for homes that exceed the allowable FAR or the design standards. The Angto's were recently informed of the design requirements of the new Single Family Zoning Ordinance. Their proposed building equals a 19% FAR which is well below the allowable 35% FAR. The home has a ten-foot side yard setback and a twenty-five foot front yard setback and otherwise meets the setback standards of the current ordinance. However, the home does not comply with the new ordinance because it exceeds the permitted ratio of second-story to single-story elements and has an excessive percentage of second-story walls exceeding six-feet in height. The Angto's house plan has a second-story equal to approximately 56% of the first story (versus 35% permitted by the R-1 ordinance) and the second-story walls exceeding six-feet in height equal approximately 86% (the ordinance permits a maximum of 50%). The Angto's point out in their letter that they could satisfy the ordinance requirements by constructing a much larger first floor, and shedding the roof elements to screen the walls in excess of six feet. '7-7 Request from Saifu and Cecilia Angto to consider May 17, 1999, as the effective date of their building permit application March 6, 2000 Page 2 The Angto's feel the ordinance requires significant changes to the home design they have been pursuing since May 1999, and will be both costly and contrary to the objective of reducing the size of new homes. They argue that the annexation process required by the City and the County caused the delay and that this process was beyond their control. Additionally, they point out that the ordinance would actually require them to redesign their home at considerable cost in time and money as well as a requirement to build a much larger home. Consequently, they are requesting that May 17, 1999, be considered the effective date of their building permit application thereby exempting their home from the new City of Cupertino design review requirements of the single family residential zone. The City provided a "pipeline" provision in the ordinance that allowed applicants to file their building permits before the effective date of the ordinance and build under the old ordinance rules. Many of the building permit applicants who either filed before June 3, 1999 are either in the construction phase or are still pursuing their building permit applications. Since their property was not in the City of Cupertino, the Angto's were not informed or aware of this "pipeline" provision. Pipeline Provision Staff believes there is merit to their argument for the following reasons: 1) They should be able to take advantage of the same pipeline provision that was extended to all other building permit applicants in the city. 2) Second, the option of enlarging the home to meet the ordinance seems to be contrary to the intent of the ordinance. 3) Third, the home is otherwise reasonably well designed. 4) Fourth, the lot is not highly visible to other properties in the area due to its placement on a cul-de-sac, its size (19% FAR), and the existence of landscaping. Unless the City Council objects, staff will grant an administrative interpretation that the pipeline provision applies to the Angto building permit and accept May 17, 1999, as the official filing date of the building permit application. This interpretation will enable the Angto's to process their building permit application using the development rules in effect before June 3, 1999. The Angto's will be given 180 days from the March 7, 2000 City Council meeting to begin substantial construction (e.g. at least have poured the foundation) of the home. Staff is aware of only one other applicant that may have filed a building permit application with the County before the June 3, 1999 ordinance deadline and would be able to take advantage of this interpretation. Staff is still reviewing the facts of the other case, but will recognize the application as preceding the new ordinance if the facts are substantially the same. Enclosures Letter from the Angto's dated February 17, 2000 Saifu and Cecilia Angto 22170 Berkeley Court Los Altos, CA 94024 February 17, 2000 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn.: City Council Members Re: 22170 Berkeley Court, Los Altos, Request to Accept 5-17-1999 as Project Application Date, and Exempt From Ordinance gl 834 Dear Members of the Council: We are in the process of annexing our property to Cupertino so we can rebuild our earthquake- damaged home. In the process, we are faced with a difficult situation with the Cupertino Planning Department. The simplest solution to our problem is for Cupertino to accept 5-17-1999 (our original date of application to the Santa Clara County) as our application date. As such, we are requesting that during your March 6, 2000 meeting, you take two (2) actions in the following order: 1. Accept our request that 5-17-1999 as the project application date for Cupertino and exempt our project from ordinance # 1834. 2. Annex the property into the City of Cupertino. We are not asking for a variance, or for you to change the ordinance. It is simple and painless request. Granting it will not harm anybody in the community. Denying it will cause severe hardship to our family. .In the attached Official Request, we will detail the background of our case, and the reasons why it is fair and proper for the council to approve our request. If'you have any questions, please .feel free to contact us. Thank you for your attention in this matter. Sincerely Saifu and Cecilia Angto ¢¢.: Chun Pong Ng 7-; ~ CHRONOLOGY OFFICIAL REQUEST Here is a chronology of the pertinent events in the application process for the Anco Residence. · 5-17-99: Submitted Building Permit Application to Santa Clara Coumy, plan check started using 1994 UBC. · 5-28-99: Received planning comment from County, no mention of annexation. (Attachmem l) · 7-1-99: Cupertino adopted 1997 UBC. · 7-14-99: Received planning comment from County regarding annexation. (Attachmem 2) · 7-24-99: Homeowner sent letter to Bob Cowen regarding annexation. (Attachment 3) · 8-20-99: Letter from Joe Amonucci to Tom Shih (County Building Official) accepting County plan check (1994 UBC) for Cupertino. (Attachment 4) · 9-27-99: Letter from Tom Shih to Joe Antonucci designating Cupertino as the agency to issue building permit with county-approved plan check. (Attachment 5) · 2-7-2000: Cupertino Council approved annexation. · 2-9-2000: Phone call with Joe Antonucci, he authorized building permit issuance. · 2-10-2000: Paid all school fees for building permit issuance. · 2-11-2000: Cupertino planner raised design issues regarding Ordinance #1834. Planner verbally stated that the ordinance went into effect on 6-3-1999. Received ordinance package (Attachment 6), printed ordinance effective date is 10-7-1999. · 2-11-2000: Project architect letter to Colin Jung requesting that Planning Department accepts 5-17-99 as project application date. (Attachment 7) · 2-15-2000: Meeting with Planning Staff, discussed ordinance effective date. Received codified version of ordinance (Attachment 8), no mention of any ordinance effective date. Staff decided that the design must comply with Ordinance #1834 as the plans came to Cupertino aider 6-3-1999. PROBLEM AT HAND Our immediate problem is that the Cupertino Planning Staff deemed that our design does not meet the current ordinance as we did not submit plans to Cupertino before 6-3-1999. Under a parallel scenario, the Cupertino Building Official recognizes our application date to the County and accepts our plans under 1994 UBC, even though the annexation process started after 7-1-99, when the City adopted the 1997 UBC. The two main elements where we fail to comply with Ordinance #1834 are: · Over 50% of second floor walls are full walls without the necessary offsets and shed roofs. · The second floor area (1,554 square feet) exceeds 35% of the first floor area (2,794 square feei). To comply, we have to either: 1. Shrink the second floor to 872 square feet, or 2. Expand the first floor to 4,440 square feet. 7- o COST TO COMPLY Since the beginning of our application, we are forced to go through the annexation process, costing us over'S4,000, five (5) months of time and one building season. If we wish to comply to ordinance 1834, we will have to redesign the home. We cannot shrink the second floor to 872 square feet as it does not fit our family needs. Expanding the downstairs to 4,440 square feet means adding 1,646 square feet and $250,000 of building cost. We do not need this footage in our house.. If we do not comply, we may get an exception with the Residential Design Review Committee. We still have to incur the costs of the filing fee, the graphics and printing package for the hearing, and the costs of putting up the story poles. If we do not pass, we will need to redesign and revisit the process again. Anytime we redesign, we will incur additional design and engineering costs. In addition, we will need new plan check under the 1997 UBC instead of the 1994 [IBC. Our engineer estimates that even for the same house, it will cost some $15,000 more just to comply with the 1997 UBC requirements. Needless to say, redesign, review and plan check will costs us months and may be another building seasop_ life HIGHEST COSTS TO US IS NOT FINANCIAL AND TIMK BUT EMOllONAL, BECAUSE WE BEI'JEFE lttA T THERE ARE NO GROUNDS TO RULE THAT OUR PLANS CAME TO CUPERIINO AFIF. R ORDINANCE 1834 WAS ENACTED. FROM OUR POINT OF VIEW As you can see, we started this process in May 1999. We did not have a choice with the annexation process. We did not have a choice when the County Planner failed to mention the annexation matter in his original comments on 5-14-1999. If we had that comment then, we would have come to Cupertino way before 6-3-1999, and we would have no zoning issues whatsoever. Now, we have to fight for what we feel is right. First, We feel that the County to Cupertino application should be viewed as one single process: A parallel is that if we submit plans to Building Department, and the plans eventually get routed to the Fire Department, the Fire Department does not use the date when they open the plans, because the overall approval is a single process. Second, the Planning Department ruled that we submitted plans to Cupertino al~ir Ordinance #1834 went into effect on 6-3-1999, We started the annexation process on 7- · 24-1999. The dates are important because we feel that on 7-24-1999, ordinance #1834 was not yet in effect, and our design would need to meet the previous ordinance and rules, which it does. We have read the two ordinances packages (Attachment 6 & 8) cover-to-cover many times, and the only mention of any date is found on page 17 of Attachment 6, which clearly states: This ordina.ce shah take effect and be i. fuH force 30 da.w' after tis enactme.l. Introduced at a regular meeting of the City Council of the C~.ty of Cupertino the 16~' day of Aug~tst 1999, and F_3V/ICTED at a regular meeting of the City Council of the City of Cupertino the ~' day of September, 1999. That would make the effective date of ordinance #1834 October 7, 1999, not 6-3-1999 as staffhad stated. When we asked staff about this discrepancy, they said that Attachmem 6, while it is a coumer copy, is not the Codified version, so they gave us Attachment 8, the codified version. We read Attachment 8 very carefully again and again and there is no mention of any'ordinance effective date. We consulted with our land use attorney on the ordinance effective date matter. His comment was that while he has not read Attachments 6 & 8 that carefully, he did notice that Attachment 8 shows 'Cupertino 11-99' on the bottom right of the page, which squares with the 10-7 1999 date in Attachment 6. Based on what is written, the city cannot expect a citizen, who relies on these handouts, to accept 6-3-I999 as the official ordinance enactment date. To hold us to the requirements of ordinance gl 834 now is akin to punishing us for a criminal offense when the written statute is not clear that the act committed is a crime. And that is eminently unfair. The Planning staff basically says, "trusts us, the date is 6-3-1999, so comply". We find that decision very hard to accept, because the consequence to us is so severe. We are sure that when they researched all the meeting minutes and the legislative intents, they can say that the ordinance enactment date is 6-3-1999. Unfortunately, we are regular citizens who do not routinely research all the meeting minutes and legislative intents to ascertain whether the ordinance we base our decision on is indeed reliable. Lastly, looking at the big picture, ordinance #1834 is enacted because certain Cupertino rebuilt homes are overbearing on their neighbors and the neighborhood. We have a half- acre lot (likewise our neighbors) with dense screening vegetation. Our FAR. is only 18.83% and our neighbors endorse our plan. Simply put. our situation does not involve the problems ordinance #1834 was enacted to solve, ffwe were forced to comply, we would have sacrificed our time, money, life style, and peace of mind to solve a problem that does not exist. Why? Because the Planning Department says so? We hope you will agree that it is not a very logical or palatable answer. We do not blame the planning department. We realize that they are not in a position to look at extenuating circumstances, (ours involving an annexation, which means an ill- defined application date, further complicated by an unclear ordinance enactment date), exercise compassion, (County planner oversight) and grant us an approval that is out of the norm. That is because their decision can be questioned and over-ruled. However, you are in a different position. You are elected to improve the lots of the citizens. You can look at extenuating circumstances and exercise compassion in your decisions. Your decisions will not be questioned or over-ruled. That is why we are making our request to you at this time. OUR PLEA Please accept the 5-17-1999 date of application as the official date of application for Cupertino, and exempt our design from ordinance #1834: Once you do that, we are clear to draw our building permit and start building our dream home. We are not asking for difficult decisions like a variance, or for you to chan~e the ordinance. As stated before, it is a simple and painless request. Granting it will not harm anybody in our community. Denying it will cause severe hardship to our family. We hope that you agree that we are victims of circumstances in this case and grant us our request. "?-/5 M~5~, -2~_,-~999 Mr Saifu & Mrs Angto 22170 Berkeley Court Los Altos Ca 94024 Santa Clara County Planning Office Plan Check Number: 1:3401 Land Use .File: Site Address: 22170 Berkeley Court The following is a list of land use requirements that must be addressed before your building permit application is approved. If you have any questions, contact the appropriate representative at the telephone number listed below. Unless otherwise noted, the best hours to contact staff listed below M,T,TH,F, 8am-11:30am; W 9:30am-11:30am; M-F l:30pm-4:3Opm. The County Building Inspection Office will send you the building plan check comments separately. Geology APPROVED AS SUBMI3-1'ED Representative Jim Baker Phone Date May 21, 1999 Hours Wed. 9:30-12, 1-5 Fri. 1-5 Planning NOT APPROVED. Per {}41-3.5 of County Zoning Ordinance, setbacks established by recorded subdivision map supersede standard setbacks of R1-10 zone. A number of parcels in Tract1456 Creston Unit No. 3 have i;lalineated building setback lines in addition to easements shown on your site plan. Lot 116 contains such a setback line, which will require the proposed residence be relocated on the property. Refer to Recorded Map for Tract 1456 for location of setback line and depict the setback line on anv revised site olans. Representative Bill Shoe Phone (408) 299-2454 Date May 28, 1999 Land Development Engineering See Planning Representative Phone Date May 28,1999 Roads and Airports See Planning Representative Phone Date May 28, 1999 Environmental' Health See Planning Representative Phone Date May 28, 1999 Fire Marshal See Planning Representative Phone · Date May 28, 1999 Hour~ Alternate Mort. Wed. F~J. STEP 2: TO BE COMPLETED BY COUNTY STAFF Genernl Plan Confo,.,ance Contiguity/Annexation Subdivision Usc Permh Zone Ctmng¢ County Comments Regn.~ling Proposal · . ......... ......~.~-;. ~..: . . ..-.,, .. .. -. .-.:7 ' ~-:.,,.:. · ::.:. General Plan Conform~ce Contiguity/A.nnexntion comments By: Tel# Saifu Angto 22170 Berkeley Court Los Altos, CA 94024 July 24, 1999 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn.: Mr. Bob Cowan, Planning Director Re: Angto Residence - Annexation Determination Dear Mr. Cowan: Pong Ng, my brother in law and architect for our proposed residence on 22170 Berkeley Court, discussed the matter of our proposed new home with you on July 22, 1999. We understand that Santa Clara County wants an annexation decision from Cupertino before they will proceed with our building permit application. The annexation will cost us some $3,000 and four to five month's time. However, the political reality is that the Creston area neighbors are firmly united against annexation. Conceivably, after all the time, effort, and expenses, the Cupertino City Council could decide not to annex because of neighborhood oppositions. Personally, we would prefer not to annex, as it will cost us time, money, and possibly, harmony with our neighbors. We would like to request that the Cupertino City Council reaffirm their policy on annexation in our case. If they are resolute in annexation, we will initiate the process. If they feel that our situation does not warrant annexation, the County will proceed with our pla[a check. Please help us agendize this request for Council consideration. If you have any questions, please call me at (650) 610-8299, or Pong at (408) 985-6048. Thanks for your help in this matter. Sincerely Saifu Angto .7--','i August 30, 1999 Mr. Tom Shih, For 22170 Berkeley Court, Los Altos, (County plan check # 1.3401) please continue with plan check and building inspections in the County. Thank you. Sincerely Joe Antonucci county of Santa Clara September 27, 1999 Chow Pong Ng 1513 Fairway Drive Los Altos, CA 94024 Subject: Plan Check # 13401 located at 22170 Berkeley Court, LA Dear Mr. Ng This office has completed the review of the subject plan check. You may Wish to pick up both sets of plans and the documents at any time at our front counter. As agreed by the City of Cupertino, the issuance of the building permit will be at the say of the City. Very truly yours, Building Official cc: Joe Antonucci, City of Cupertino 134~lr(I ()1' .~Ul~('n'i.~r.~: l~)~lal¢i !:. (~t~¢'. l{la[~('a .-\lvara(l(). Pt're Mt'Hugh. Jimmy's T, 13~all Jr.. CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 ORDINANCE NO. 1834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO TITLE 19, CHAPTER 19.28 sINGLE FAMILY ORDINANCE OF THE CUPERTINO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Title 19, Chapter 19.28 of the Cupertino Municipal Code shall be amended to read as follows: Chapter 19.28 Single-Family Residential (R-1) Zones Sections: 19.28.10 19.28.20 19.28.30 19.28.40 19.28.50 19.28.60 19.28.70 19.28.80 19.28.90 19.28.100 19.28.110 19.28.120 Purposes. Applicability of regulations. Permitted uses. Conditional uses. Site development regulations. Lot coverage, building setbacks, height restrictions and privacy mitigation measures for nonaecessory buildings and structures. Permitted yard encroachments. Exceptions for prescriptive design regulations. Residential design approval. Procedure for exceptions & residential design approval. Solar design. Interpretation by the Planning Director. 19.28.10 Purposes. R-I single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. B. C. Enhance the identify of residential neighborhoods; Ensure provision of light and air to individual residential parcels; Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low-intensity setting in the community. 2 19.28.20 Applicability of regulations. No building, sn'ucmre or land shall be used, and no building or structure shall be hereafter erected, su'ucmrally 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. 19.28.30 Permitted uses. The following uses si:all 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 describe din 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 that chapter; 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 _~h,I1 adminiswatively approve large day care homes to ensure compliance with the parking and pro~timity requirements; K. Congregate residence with ten or less residents. 19.28.40 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 Commullity 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 uaits which require a conditional'use permit pursuant to Chapter 19.84, 5. Home occupations requiring a conditional use permit pursuant to Chapter 19.92 of this ritle; B. Issued by the Planning Commission: 1. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.060 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. Residemial 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. 6. Congregate residence with eleven or more residents which is a minimum distance of one thousand feet fi.om the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupant. 19.28.50 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: Zoning Symbol 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 mi,imum lot size in an R-1 zone is 6,000 square feet. 2. Lots, which contain less area, than required by Section 19.28.050 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. B..Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line. C. Development on Slopes of Thirty Percent or On'eater. 1. Site plar~ :flor all development proposals shall include topographical information at contour intervals not to exceed ten feet. Areas where slopes are thirty percent or greaser shall be identified on the si~¢ development plan. 2. Buildings proposed on a portion of a lot with slopes of 30 percem 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 percem 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. 4.An application for building perrnit which was filed and accepted by the City (fees paid and control number issued) on or before March 1, 1999, may proceed with application processing under the ordinances in effect at that time. 19.28.60 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. B. Floor Area Ratio. 1. Any new two story house, or two story addition to an existing house, may not cause all sU'uctures on the lot to exceed 35% of the net lot area, unless discretionary approval is first obtained from the Residential 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. C. Setback- First Story (non-accessory suuctures). 1. From 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 th,,~ 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 l0 fe~t, 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 ex'tended 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 affccted 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. (Nonaccessory structures). 1. The minimum fa-om and rear setbacks area 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 fi:om any property line and in the case of a comer lot a minimum of twelve feet fi:om a street line and twenty feet fi:om 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 fi:om and side-yard setback requirements specified in section 19.28.060 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 nd 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 of 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'min. offset ~Fuil height II I =,co a ~ ~ ~ floor wall 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 offseLs shall comprise the full height of the wall plane. Second Floor Plan min. 24'-0" c. All second story roofs shall have a minimum of one foot eaves. E. Additional Site Requirements. 1. Height ao bo 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. 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 2S-degree roof line angle projected inward at the twelve foot high line referenced in lbl 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. 7 ~/'~. Heights exceeding twenty subject to the setback regulations in subsection D of feet shall be this section. 3. 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- I zoning district, the designation 'T'; provided, however, that the limitation may be removed through use permit approval, as provided in Section 19.28.040B by the Planning Commission. /,~4. The maximum entry feature height, as measured from finish grade to the top of the wall plate, shall be 14 feet. of Plate Entry Feature Finish Grade I 'I 5.._No blank single-story side walls longer than 16 feet shall face a public right-of-way without at least one of the following: 1) 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, 2) window of at least 30"x30", 3) entry feature leading to a door, 4) trellis with landscape screening. 6..Exceptions for Hillside Areas. Notwithstanding any provisions of Section 19.28.060E1 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. Applicants for new two story homes and additions must plant a tree in front of new second stories in the front yard setback area unless there is a conflict with the tree canopies of the 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 Arborist 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 from yard tree-planting requirement. C. Planting Requirements. The minimum size of the proposed trees shall be 24" box and 8' mirfimum 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). D. Options. Where planting is required, the applicant may plant on the affected property owners lot in lieu of their own lot or the affected propm'ty 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 tr~e planting in front yards. E. 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 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. F. Malnteamnc~. The required plants shall be maintained. Landscape planting malnt~nanc~ includes irrigation, fertilization and pruning as necessary to yield a growth rat~ expe~d for a particular sp~ies. Where required planting dies it must be replaced within 30 days with the si~ 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 adjacem 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. 19.28.70 Permitted yard encroachments. A. In R-1 zones, where a building legally constructed according to existing yard and setback regulations at the time of consmaetion 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 fL'St 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 case shall any wall plane of a first-story addition be placed closer than three feet to any propcrv/line. C. Architectural features (not including patio covers) may extend to a required yard 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 19.28.060 may be granted as provided in this section. 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 19.28.060F (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: 10 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirt 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 Residential Design Review Committee (Other Prescriptive Design Regulations). The Residential Design Review Committee may grant exceptions from the prescriptive design regulations described in section 19.25.060 exclusive of section 19.28.060E(4) ' (Hillside Building Heights) and section 19.28.060F (Privacy Protection) upon making all of the following £mdings: 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 detrimental 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 si~ificant visual impact as viewed from abutting properties. C. Issued by the Planning Commission (Hillside Building Heights). Notwithstanding any provision of section 19.2g.060E(1) to the contrary, the Planning Commission may grant an exception for heights to exceed 28 feet upon making all of the followin~ 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 case 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. There is hereby added to the Municipal Code of Cupertino Section 19.28.090 that is to read as foilows: 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 19~28.060B, the applicant shall apply to the Residential 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 19.28.100, at leas. ten days prior to the date of the public I! 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 Residential Design Review Committee may only grant a special permit upon making all of the following findings: ~. 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 Procedure for Exceptions and Residential Design Approvals A. Application and Fee. All applications for approvals described in section 19.28.080 and 19.28.090 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 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 patty pursuant to Chapter 19.136. An appeal of the Residential 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 12 conditions of the exception. An approval shall be deemed to have been "used" in the event 0fthe erection of a structure when sufficient building activity has Occurred and, continues to occur in a diligent manner. The Director of Community Developmem may grant one additional one-year extension if an application is filed before the expiration date without further notice and hearing. F. Concurrent Applications. Not withstanding any provision of this chapter to the contrary, any application for Exception or Residential Design review, which would be issued by the Director of Community Development, the Residential Design Review Committee, or the Planning Commission may at the discretion of the Director of Community Development, be processed concurremly with other land use approvals. 19.28.110 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 inf~ge upon solar access or property rights of adjoining property owners. Any solar structt~e which requires variation from the setback or height restriction of this chapter shall e allowed only upon issuance of a conditional use permit by the Director of Community Development. 19.28.120 Interpretntion 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. Appendix A Landscape Mitigation Measures PRIVACY SCREENING MATERIALS I. NON-DECIDUOUS TREES Height Spread A. Cedms Deodara - Deodara Cedar to 80' 40' ~ ground 20' B. Melalenca 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. Cinnamomom Camphora - Camphor 50' 50' 20' F. Arbutus Marina 40' 35' 15' G. Magnolia Grandiflora - Southern Magnolia /10' 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. Pittosporum Tenuifolium 40:. C. Pittosporum Crassifolium 25'. D. Pittosporum Undulamm - Victorian Box 15-40' E. Cupressus Sempervirens - Italian Cypress 60: . F. Podoearpus Omcilior - Fern Pine 60' O. Privet Ligustrum -Glossy Privet 3540' H. Laurus Nobili.~ - 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' I0' The minimum shrub size shall be 15-gallon minimum and a minimum See Page 2 of Appendix A for minimum planting distance from City thc front yard setback. Noms: of 6' high-planted height. street trees for planting in 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 document_~on 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. 7-32- 14 Appendix A. page 2 Cit~ of Cupertino Street Tree Lis~ The purpose of' this list is to give the minimum planting distance between tine required tree/shrub planting in front yard setbacks and the CiW street tree. CITY STREET TREE Spread Plantin~ D/stance - Min A. St. Mary Magnolia* 20' 10' B. Crape Myrtle* 20' 10' C. Pfivot 20' 10' D. Califorrfia Buckeye 20' 10' E. Birch 2O' I0' F. Holly Oak 20' 10' G. Aristocrat Flowering Pear* 30' 15' H. Flowering Plum* 30' 15' I. Ma)hen 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' IL Chinese Pistacio* 50' 25' S. Ginko* 50' 25' T. Chinese Hackberr)r* 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 ma), currently exist as a slxeet tree. 15 Appendix B Release of Privacy Protection Measures Single Family Residential Ordinance Ordinance 19.2g (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: , Appendix C Privac~ 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 certi~ 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 Landscape Architect and dated (attached). Nal'n¢ Title " Date Professional License Stamp Here 17 This ordinance shall take effect and be in full force 30 days after its enactment. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 16th day of August, 1999, and ENACTED at a regular meeting of the City Council of the City of Cupertino the 7th day of September, 1999, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City CounCil ATTEST: APPROVED: City Clerk G/planning/ord/singl¢ family r~si~nfial Mayor, City of Cupertino J8 ° ' Exhibit I 30 °Angle Privacy Invasion Mitigation required in shaded areas /\ /\ / /\ /\ / Rear II Jamb I / / / / / Window Second Floor Window Chun Pong Ng 1513 Fairway Drive Los Altos, CA 94024 February 11, 2000 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn.: Mr. Colin Jung Re: 22170 Berkeley Court, Los Altos - Angto Residence Dear Colin: As discussed, here is a chronology of the pertinent planning-related events in the application process for the Angto Residence: · 5-17-99: Submitted Building Permit application to Santa Clara County. · 5-28-99: Received planning comment from County, no mention of annexation. (copy attached) · 7-14-99: Received planning comment from County regarding annexation (copy attached). · 7-24-99: Homeowner sent letter to Bob Cown regarding annexation (copy attached). · 9-27-99: Letter from Tom Shih to Joe Antonucci designating Cupertino as the agency to issue building permit with County-approved plan check. (copy attached). · 2-7-2000: Cupertino Council approved annexation. · 2-9-2000: Phone call with Joe Antonucci, he authorized building permit issuance. · ·'2-11-2000: Cupertino planner raised design issues regarding Ordinance gl 834, effective 6-3-99. This is the first time I am aware of this new ordinance. As you can see, we had made our application in May 1999. Had the County planner mentioned the annaxation issue in their initial 5-28-99 comments, we certainly would have applied to Cupertino before Ordinance #1843 took effect in June 1999. At this point, I don't think it is fair to held us to the requirements of Ordinance #1843 when we have no knowledge or control of the annexation matter before 6-3-1999. Along the same line, Cupertino adopted the 1997 UBC on 7-1-1999. When the annexation issue arose in late July 1999, Joe Amonucci acknowledged the fact that we had applied in May 1999. The f3ct that the annexation requirement moved the permit matter to Cupertino in July 1999 was irrevelant, and accepted the plans under the 1994 UBC. Similarly, I hope that the Planning Department will agree that we had indeed applied before Ordinance # 1834 was adopted, that we met the zoning criteria in effect when the application was made on 5-17-1999, and sign off on our building permit as designed. If you feel that it is helpful that we meet to resolve this matter, please call me at (408) 985-6048. Thank you for your help. Sincerely Chun Pong Ng 19.2~.010 Chapter 19.28 SINGLE-FAMILY RESIDENTIAL (R-l) ZONES Sections: 19.28.010 19.28.020 19.28.030 19.?.8.040 19.28.050 19.2,8.060 19.28.070 19.28.080 19.2,8.090 19.2,8.100 19.28.110 19.28.120 19.2,8.130 19,28,140 19.2X150 AppUcabiUty of regulations. Permitted uses. Conditional uses. Si~ development regulations. Lot coverage, building setbacks, height r~xictiom and privacy mitigation measures for nonaccessory bnildin~ and struclnres. Permitted yard encro~rhments. Exceptions for prescriptive design regu tion Reside~tlal design approval. Procedure for exceptions and residential design approvals. Solar Interpretation by the Phnning Director. Appendix A--Landscap Mitigation Measures. Appendix B---Relea~e of Privacy Protection Measures. Appen&i~ C--Privacy l~'otection plnntlng ,a, fflda~iL 19.28.010 Purposes. R-1 singlc-f~ly ~.ridence districts arc intended to" cteale, preserve and e~aa~e azea~ suitable for detached dwellings in order to: A. Enhance the identify of ~esidential neighbor- hoods; B. ~n-~ure provision of light and air to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of sw,=cun~ within residential neighborhoods; D. Pein:fca'ce the preflominandy low-intensity setting in the comm,mlty. (Ord. 1834 (pan), 1999: Ord. 1661 Exh. A (pan), 1992) 588-9 19.28.020 AppUcabiUty of reguhfions. No building, a~-ucmr~ or land shall be used, and no building or structure shall be hcre~rr erected, strucua-ally ahcred or enlarged in an R-1 single- family residence district other than in conformance with the provisions of this chapter and other applica- ble provisions of dais title. (Ord. 1834 (pan), 1999: Ord. 1601 Exh. A (pan), 1992) 19.2,8.030 Permitted uses. The foUowing uses shall be pertained in thc R-1 single-~mily residence district: A. Single-family use; B. A second dwelling unit conforming to thc provisions, standards and procedures d~cribed in Chap~r 19.84, ex¢¢pl for thos~ ~ond dwelling units r~quiring a conditional use lxmnit; C. Accessory facilities and uses customarily lng with the provisions of Chap~r 19.80 of figs D. Home eccupadons when a~cessory ~o permit E. Horticulture, gardening, and/rowing of food products' for consumption by occupams of the sim; E Residential car~ facilit~ tl~ is licensed by the aPlrr~ria~ St~, County agency or depa~u~ent with six or less residents, not including the provider, provider fnmily or staff; G. Small-family day ca.r~ home; I-L The keeping of a maximum of four adult household pets, provided that no mor~ than two adult dogs or cas may be lc~pt on the siu:; I. Utility facilities essential to provision of utility services to the neighborhood but excluding bus~ ofrx~s, consu~on or suxage yards, rr~- umance fadlifies, or corporadon ya~; I. Large-family day cam homes, which meet fl~e parking crir~ia contained in Chapter 19.100 and which is al leas~ ttm~ hundred feei f~rom any other large-fnmily day ca~ home. Th~ Dixector of Com- munit~ Development or ~ designee shn ad- mlni-~-afively approve large day care homes ~o ensm~ compliance with th~ parking and proximity 7-Yo (c~pmmo It.OM 192~.030 K. Congregate rcsideucc with ten or less rusi- denu. (Ord. 1834 (pan). 1999: Ord. 1688 § 3 (pan), 1995; Ord. 165'/ (pan). 1994; Orck 1601 Exh. A (pan). 1992) 19.28.040 Conditional uses. The following uses may be conditionally allowed in the R-1 single-family mickace diraia, subject to rbe i~suance of a conditional u~ permit: A. Issued by the Dkr~or of Community Devel- opment- 1. Temporary uses, subject w regul~ons fished by Chaptcr 19.124, Z Large-fsmily day ca~ home, wkich otherwise does not meet the criteria for a permitt~t use. The conditional me permit shall be processed as provid- ed by Section 15.97.46(3) of the State of California 3. Buildings or ~ which incorporate solar design featm~ that r~luir~ vari:~6ons from setbacks upon a cletermln~r~on by the Di~ctor that such design feann~ or feannes will not result in privacy impact, shado~g, inuusive noise or other adverse imp. act~ to the a~,,,u,mding ama,- 4. Second dwelling units which requ~ a condi- t/onal use permit pu~,,--t to Chapter 19.M, 5. Home occupations requiring a conditional usc permit pursuant to Chapter 19.92 of B. Issued by the Planning Commission: 1. Two-gory suucnn~ in an area desi~v=,,~ for a one-story limitation pur~,=,~: m Section 19.2/.060 E2 of ~ chapter, i~i~,vided tha~ thc Planning Com- mission det~'mincs tha~ the slru~ or will n~t result in privacy imp. ac~ shadowing, or inu'miVb noise, odor, or other advc~e ~p. ~-t~ w ,he su,~om~ding area. 3. Re.vidential care faciliw that is not required m obtain a license by t~ Sine, CounF agency or depa,'tment and has six or less residents, not includ- ing the providers, provider family or staff, a~e Sine. Counvj agency or department liccme and .... ~' seven or gmamr resident~, not including the provider family or staff, is a m½nlm,~rrl HiSI~I~Ce Of five hun- dxv, d feet ~m ~c ~ ~~ of ~o~cr ' ~idcn~ ~ f~, 5. Resid~fi~ ~ f~F ~t is not ~q~ to ob~ a ~c~ by ~e State, Co~ ag~cy or dep~-~t ~d ~ seven or ~ ~sid~, not ~cl~g ~ ~ f~y or ~, ~ a ~~ ~ of five h~ f~ ~om ~e ~ ~~ of ~o~ ~i~fi~ c~ f~, 6. Con~ msi~cc ~ eleven or ~ ~i~ wMch B a ~ ~c~ of ~c ~ou- ~d f~ ~m ~ ~~ of ~o~ con.gain msi~n~ ~d ~ a mi~ of sevcn~-five sq~ f~t of robie ~ y~ ~ ~r.~p~t (~. 18~ ~m). 1999: ~ 17~ ~). 1998; ~ 1688 f 3 ~m), 1~5; ~ 165~ (pm), 19~; ~. 1618 ~), 1993; ~ 1~1 ~ A (p~), 1992) 19.28.050 Site development regulations. A. Lot Ama Zo~i,,g Deaigmriom. 1. Lot area shall correspond W the number (mul- t/plied by .one t~usand square feet) following the R-1 zc~ing symbol Exar~les ar~ a~ follow~: l~ginlm"rrl Lot Area Zoning Symbol Nmnber in Squar~ F~t R-1 6 6,000 R-1 7_~ 7~00 R-1 10 10,000 R-1 20 20,000 The minimum lot size in an R-1 zone is six thou- sand square 2. Lo~ which contain less ar~a titan required by Section 19.28.050A1, bu~ not less ~ five thousand squar~ feet, may nevertheless be used as building skea, provided that all other applicable mquiremen~ of this ~le nrc fulfi11~l. B. Lo~ Wid~ Th~ r, inlm,,~ lot. wict~ shall be C. D~v¢lopment en Slopes of Thirty Perc~t or G-roarer. 1. Sit~ pla~ for ail development proposals shall 588-10 7-~_// 19.28.050 vals not to exceed ten feet. Areas wher~ slopes ar~ thirty percent or greater shall be identified on the site development plan. 2. Buildings proposed on a portion of a lot with slopes of thirty percent or gtv. ater shall be developed in accor~.,,ce with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential I-lill.~ide or~i--nce, Chapter 19.40, orthe R-1 zoning ordinance. Chapter 19.28. whichever specific re,relation is mom five. 3. No su'ucture or i .mFrovements shall occur on slopes of thirty percent or greater unless an excep- tion is granted in ac¢oniance with Section 19.40.140, unless no more than five hundr~ square feet of development, including grading and su'uc- tures, occurs on an area with a slope of thirty per- cent or greater. 4. An application for building permit which was filed and accepted by the City (fees paid and control number issued) on or before March 1, 1999, ma), proceed with apl~lication processing under tbe ordi- nanees in effect at that tim~. (Ord. 1834 (part), 1999: Ord. 1635 § 1 (part), 1993; Ont. 1601 A (pan), 1992) 19~.~.060 Lot covernge, building setbacks~ height restrictions and privacy mifignfion meamres for nonaeeessory buildings and A. Lot Coverage for Fa'at Story Development. A building or buildings may cover no more than fon3,-five percent of the net lot area. · 'B. Floor Arm Rafio. 1. Any new two-sto~ house, or two-story addi- tion to an exis~g house, may not cause all stmc- tu~ on tbe lo~ to exceed thirty-five ~ of the net lot area, unless disc~tionary approval is fit~t ob- tained from the Residential Design Review Commil- tee pursuant to Section 19.28.090, In no event, shah such floor m ratio exceed forty-five percent of the net lot area. 2. A second story shall not exc~d thirty-five pen:ent of the existing or proposed fir~ story or six hundred square feet, whichever is greater. C. SetbackmF'u'~t Story (l',lonaccessory Struc- 1. Front Yard. The rnin½rntl~n front yard setback is twenty feet; pwvided, that for a curved driveway, the setback shall be fi_~u~n feet as long as there are · no mor~ than two such fifteen-foot setbacks occur- ring side b~ side. 2. Side Yard. At least one of two side yard setbacks must be no less than ten feet. The other side yard setback must be no less than five feet. Notwi~g the above, a lot less than sixty feet in width and less than six thousand square fe~t shall have a minimum side yard s~tback of five feet on e. ach side yard. In iusumces where an addition is proposed to an existing building having both side ),ard setbacks less t~n ten feet, the wider s~back shall b~ retained and the narwwer setback must be a~ kast five feet. Notwithstandiug tbe above, a side yard setback which is existing and legally noncon- forming may be extended along its e~ setback to no less than tbr~ feet from the 1~ ~ ~f th~ applicant obt:,~ wrinc'n con~nt from jo~ing prope~ owner ther~b), affected and approval from tb~ Dh-ector of Comm,m~ Develop- n~nt, In the case of a comer lot, a minimum side yard setback of twelve feet on the smut sid~ of the lot is re~l~ 3. ~ Yard. The minimum rear yard setback is twenty feet unless the usable re. ar yard area equals, or ~ twenty times the lot width as measured from tl~ front setback line. In that ca~, the mi,,i~,,,m rear yard setback is te~ feet. D. Setback--SecondFloor(Nomccessory Su'uc- tur~). 1. The minimum front and r~ar ~..,tbacks are twenty-five feet. 2. The minimum side setbacks ar~ t~n fe~, piovided that in th~ cas~ of a flag lot, tb~ setback is twenty feet from any propen~ li~, and in the ca~ of a comer lot, a minimum of twelve feet from a strut ~ and twenty feet fi-om an), war 588-11 ,19.28.060 prc~pc~ linc of an existing, developed sin§lc-family dwelling. 3. Setback Surcharge. A setback distance equal to fifteen feet shall bc add~ in whole or in any combh~ion to the front or side-yard setJ~ack quire~nt3 specified in Section 19.2g.060D2. A ,~,,,,,,~ of five feet of the fifteen feet applied ~o the side yard(s). 4. Accessory Buildings/Stmcun~. Chap~r 19.80 governs sethack~, covcra§e and other standards for accc$$ol'y su'ucttlr~$. $. The height of second story wali~ are as follows: a. Fifty percent of the to~ pe~meter len~h of second story walls shall not have exposed wall hciF~h~s of g~'e~tcr than six feet, and $h~t h~ve a m½n~mulI1 two-foot h~h ove~p of th~ first story roof ag~,~ the second floor wall. The overlap sb~ll be smtcun~ and shall be offset a m~t,~,~um of four feet f~m thc fi~ story exterior wall plane. 588-12 19.28.060 b. Ail second story wall heights greatrr than six feet, as measured fi-om the second story finished floor. ar~ required to have building wall offsets at least every twenty-four feet. with a mir, imum two-foot depth and six-foot width. The offsets shall comprise the full height of the wall plane. c. Ail second story roofs shall have a minimum of one-foot caves. E. Additional Sim Requirements. 1. Height. a. Ma~i,-,,m Building Height Thc height of any principal dwelling in an R-I zone sh,,ll not exceed twenty-eight feet, not incluel~-g fireplace c'l,~r,,-eys, antennae or other appur, enances. b. Thc maximum exterior wall height and buUai~g height on single-story su-uctums must fit into a building envelope d~fined i. A twelve feet high vertical line n~asur~ from natural grade and lob. amd five feet from property lines. ii. 'A twenty-five-d~gree roof line angle proj~ inward at subsection Elbi of this section. lqotwithsunding thc 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 nannal grade. _1 60'-0' " 588-12.1 11,.99) 2. Heights exceediug twenty feet shall be subject to thc setback r~gulaficms in subsection D of this section. 3. Ar~a.s Restricted to O~e Story. The City Council may pr~scribe that all buildings within a designated area b~ limited to cme story i~ height (not exceedmg eighteen feet) by afftxing to the R-1 zoning dismct~ the designation "i"; provided, however, that the limitation may be r~moved through use permit approval, as provided in Section 19,25.040B by the Planning Commi-'~sion. 4. The maxi~,,m entry feature height, as mmasur~ fi'om finish g2'ade to the top of the wall plato, shall be fourteen feet. T~ 5. No blank single-story side w:dls longer th~n sixteen feet shall face a public right-of-way without at lea.st one of the following:. (a) at least one offset with a minimum two-foot depth and six-foot width; the offset shaft comFdse the furl height of the wall plane, (b) window of at least ~ iaches by thJ~ inches, (c) entry feature leading to a door, (d) trellis with landscape scr~niag. 6. Exceptions for ~-T;ll~de Azeas. Notwi~h-~r~ud- ing a~y provisions of Section 19.28.060 E! to the contras, the Pl,lJ~3~g Commi~$ioa rrmy zl3ake aa excc--ptien for heights to exceed twenty-eight feet under ~ertaia ~ces: a..The subject Fmpert7 is ia a hnl_~id~ ~ and has slopes of tea pe~ent or gmam=, b. Topogr~hical feam~ ofthe subjectpmpen7 maim an exc~tion to tho smndan~ h~ight muictim necessary or desirabl~; c. In no case, shall tl~ maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building or dwclliag; d. In no case, shall the maximum height of a structu~ located oil promln~.nt ridgelillcs, on or above the four-hund~-fifty-foot contour exceed twenty feet in heighL F. Privacy Protection Req~t~ 1. Required Landscape Planting. a. R~t. In o~ler to ~ privacy protection and the r~ducfion ia visible building mass of new two-story homes and additions, u'ee or shrub plaming is r~l~ Applicants for new two-story homes and ~d~ifions must plant a t~e ia f~out of new second stories ia the f~ont yard setback area unless th~ is a conflict with the tr~ canopies of the public street tree (Appendix A). b. Planting Plan. A builai~g permit application for a new two-story house or a second story addition shall be accompanied by a planting plan which of existiag trees or shrubs. New trees or shrubs shall be shown oll the appllcattt's property w~hln a colic of vision defined by a m~y deg~e angI~ f~xn tt~ side window jambs of all second story windows (F..xh~ 1). New trees or shrubs are not requixed to replace existing t~es or shrubs 'if an hm-maiomflly verifies that the existing trees/shrubs a~ consistent 19.28.060 with the intent of Appendix A. In addition, one tree shall be planted in the front yard setback. The plant- ing is required on the applicant's property, tmlesi the options hsted ia subsection Fid of this section is applied. This option does not apply to the from yard tree-planting requiremem. c. Planting Requirements. The minimum size of the proposed trees shall be twenty-four iach box and eight-foot minimum planting height. The minimum size of the shrubs shall be fifteen gallon and six-foot 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 Appen~ A. The trees or shrubs shall be planted prior to issuance of a final occupancy permit. An affidavit of planting is re- quired ia order to obtain the fiual occupancy permit (Appendix C). ct. Options. Where planting is required, the applicant may plant on the affecu~ property owners lot in lieu of their own lot or thc affected pwpeny owner may modify the numbers of shrubs or u-ees, their types and locations by submitting a waiver to the Community Development Depa,t,,,cnt along with the building permit (Appendix B). This option does not apply to the req~ Ucc planting in front yards. e. Applicability. This requi~m~-ut shall not apply to skylights, windows with sills above five feet from the floor, nonaligned side-sethack win- dows between two single-f,,,,ily residential homes that have ten feet or less building sethacks to the agrees to planting. In such cases, windows must be ' oi~scure or have a sill height above five feet from the floor, windows facing a fight-of-way, and win- dows facing a nonresidential zor, ln~ disu'ict. f. Main~mnce. The required plains shall be dudes irrigation, fer~liT~,,ion and pomi,~g as neces- sary to yield a growth ra~ expected for a particular species. Where required phnting dies it must be as de.scribed in Appendix A of this chapter. The affec',ed propen~ owner with privacy protection planting on his or her ow,a lot is not requir~ to maintain the lanckscapiag. 2. Wiadow Alignment- a. Window Alignment. A building permit appli- cation 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 hori- zontal and vertical projections, from the proposed windows to the adjacent windows. b. Waiver. Where window ali?m~,~t occur, the applicant may modify thi~ requirement upon receipt of written approval from the affected property own- ers (Appendix B). c. Applicability. This requirement shall not apply to skylights, louvea-..d windows, windows with a sill height above five feet from the floor, windows facing a right-of-way and windows facing a non- residential zo,,i,~g district. (Ord. 1834 (pan), 1999: Ord. 1808 (pan), 1999; Ord. 1799 § 1, 1998; Ord. 1784 (pan), 1998; Ord. 1637 (pan), 1993; Ord. 1635 (part), 1993; Ord. 1630 (pan), 1993; Ord. 1601 Exh. A (pan), 1992) ~L9.7.~.070 Permitted yard encroachments. A. In R-1 zones, where a building legally con- stmcted according to existing yard and setback regulations at thc fima of construction encroaches upon present required yards, one encroacM~g side of the existing s~'ucture m.y 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 fit~t story only and shall not he construed to allow the further extension of an encroaehm~t by any building, which is the result of the granting of a variance, either before or after such property he- come part of the City. B. The extension or addition may not fin'ther encroach into a~y required setback; e.g., a single story may be extended along an existing five-foot side-yard setback even though the side yant does not · 19.28.070 equal tc,~ f~t. However, in no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. C. Archit~tural features (not including patio cove~) may extend into a requir~ yard a distance not ~c~a~g thr~ fee. t, provided that no a~hitec- rural featu~ or combination thereof, whether a portion of a principal or anxiUary structure, may extend closer than ~ feet to any l:~'openy line. (Ord. 183~ (part), 1999: Ord. 1808 (part), 1999; Ord. 1618 (pan), 1993; Ord. 1601 Exh. A (part), 1992) 19.28.080 Exceptions for prescriptive design regulation~ Vv'herc results inconsistent with the purpose and intent of this chapter result from the strict appli- cation of the provisions hereof, exceptions to Sec- tion 19.28.060 may be gran~ as provided in this section. A. Issued by thc Director of Community Devel- opment= With respect to a request for two-story development which does not meet the development requirements contained in Section 19.28.060F (Pri- vacy protection requirements) the Community De- velopment 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 injuri- Otl~ ~0 ~ Of im.rtfOVelllellts in the ~ llor be detrimimtal to the public safety, health and welfa~. 3. The proposed development is otherwi~ con- sistent with the City's General Plan, any applicable specific plan, and with the purposes of tht, chapter. 4. The adjoining properties a~e otherwise pro- tected titan tnnv. asonable privacy impact~ Co,,,,,~- (Other Ptes=iptive Design Regulations). The Residential Design Review Commiuee may tions describ~ in Section 19.28.060 exclusive of Section 19.2&060~ ~ide building heights) and Section 19.28.060F (l:~rivacy protection) upon mak- ing all of the follOWing findings: 1. The literal c~forcem~m of the provisions of this chapter will r~suit in r~trictions inconsistent with thc spirit and inumt of this chapter. 2. The granting of the exception will not result in a condition that h materially deu/mcn~ to the public health, safety and welfare. 3. The exception to be granted is one that will r~qui~ the least modification of the pr~scribed design r~guiafion and the m~nlmum variance that will accomplish the purpose.. 4. The l:~ropo~ exception wffi not result in si~ificant visuai impact as viewed from abutting ~operfie$. C. ~ by the ?l,~n~g Commission (I4~lkide Building Height). Notwi~g any provision of Section 19.28.060 E1 to the contrary, the Plan- ning Commisdon, tony gl=alit an exception for heights to exceed twenty-eight feet upon making all of the following findings: 1,. Thc subject ~ is in a bill,ide area and has slopes of ten percent or greater. 2. Topographicalfeatures ofthesubject~ make an exception to thc standazd height restrictions necessary or desirable. 3. In no case ~hall the maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building. 4. In no ~ shall the maximum height of · structti~ localed on a promlnellt ridg¢line, oll or above the four hundred fifty-foot contour exc?_d twenty-eight feet. (Ord. 1834 (pan), 1999: Ord. 180a (pan), 1999) 1~.28.090 Residential design approval. In the event that a proposed development of two stories exceeds a thin-five percent floor area ratio as prescribed in Section 19.28.060B, thc applicant shall apply to the Residential Design Review Corn- mitre for a ~ permit to allOw for th~ develop- meat; l~ovi~ however, in no event shall application exc_-~a__ a forty-five percent floor area ratio. In addition to the public hearing and notice 588-12.4 19.28.090 requirements described in Section 19.28.100, 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 Residential Design Review Co, nmittee may only grant a special permit upon making all of the following findings: A. The lm'oject will be consistent with the Cuper- tino Comprehensive General Plan, any applicable specific plans, zoning ordin~ces and the purposes of this rifle. B. The granting of the ~peeial permit will not result ia a condition that is detrimental or injurious to property or improvements ia the vicinity, and will not be detrimental to the public health safety or welfare. C. The proposed ,aairion/home is harmonious ia ~ale and design with the general neighborhood. D. The prol~, seal adflifitm/home is generally consistent with design gtfidelines developed by the Dix~tor of Community Development. ~ The proposed addition/home will not result adjoining properties. (Oxfl. 1834 (part), 1999: 1808 (part), 1999) 19~S.100 Procedure for exceptions and reside~*! design approval~ A. Application and F~ All applications for app~vals descried in Scions 19~.8.080 and 19.28.090 shall be mede in writing on a form pre- scribed by the Director of Comm,mlty Development. A fee as presort'bed by City Council resolution shall accompany the application. B. Public Hearing-Notice. Upon receipt of an application for approval, the Director of Community Developtaent shall set a time and place for a public heating before the relevant decision-tv-It,.,' and order the public notice thereof. A notice of the hearing shall be sent by 'first class marl to all owner~ of record of real pmlmay (as shown in the last tax assessment roll) which abut the subject property (including properties to the left, right and ~y opposite the subject property and propemes located a~ross a street, way. highway or alley, and shall include owae~ of property whose only contiguity to the subject property is a single point). 1. Notice shall be mailed at least ten days prior to the public hearing ia which the application shall be considered. The notice, shall sram the date, time and place of the hearing. A description of the ap- proval shall be included ia the notice. If the Director of Community Development believes the project may have negative effects beyond the ~-ange of the mailed notice, the Director, in hi~q~r discretion, may expand noticing beyond the stated require- 2. Compliance with the notice provisions set forth ia thi~ section shall constitute a good faith effort to p~ovide notice, and failure to provide no- tice, and the failu~ of any person to receive notice, shall not prevent the City from proceeding to con- sider or to take action with respect to aa application for approval. C. Decision. After closing the public heating, the d__._~ision-maker sh.n approve, conditionally at~m~v~ or deny the application. D. All decisions rega~Iiag approvals contained ia thi~ section may be appealed by any interested party pu~uant to Chapter 19.136. Aa appeal of the Residential Design Review Commi-~ decision be processed ia the same manner as aa appeal from the decision of the Dh-~-mr of Comm,mlty Develop- F.. Expirati°n of an Exception or Residential Design Approval. A decision for approval which has not been used within one year following the effec- rive dam thereof, shall become null and void ami of no effect unless a shorter ~,~ period ~ spocifi- tally be prescrilx~l by the conditions of the exee~ tion. An approval shall be deemed to have been "used" ia the event of the erection of a whe~ suffacient building activity has oc. ctm-efl and, continues to OCCur ia a diligent m.aner. The Direc- tor of Community Development may grant one afldi- fional one-year extension if an application is filed before the expiration date without further notice and hearing. 588-12.5 ,19.28.100 F. Concm-rent Al~plicazions. Notwithstanding any provision of this chapter to the conu'ary, any appli- cation for exception or resid~,ntial design ruview, which would be issued by the Director of Commu- nity D~velopment. the R~Siclential De. sign Review Commit/~, or tile pl~..in§ Comlnission ll~y ~t the discretion of the Director of Commtmity Develop- merit, be processed concun'uutly with other land use approvals. (Ord. 1834 (pan), 1999: Ord. 1805 (pan), 1999) 1~.21Ll10 Solar design. Thc setback and hcight restrictions provid~ in this chapmr may be varied for a su'ucmr~ u,ili?e-4 for passive or active solar purposes, in R-1 zones, provided that no such structure shall i~6~ingc upon solar access or lrropeny rights of ~joi.i~g property ownc~3. Any sol= sure,mm which iT~lu/rcs variation from the setback or hcight res~iction of this chapt~'r shall be allowed only upon issu~uc¢ of a conditional usc permit by the Director of Community Develop- m~nr. (Oni. 1834 (part), 1999: O~ 1808 (pan), 1999; Ord. 1601 Exh. A (part), 1992) 19.28.~0 Interpretation by the Planning Director. In R-1 zones, the Dh~ctor of Corem,miry Devel- opment shall be empowered to make reasonable inmrprctaxions of the r~gulations and p~visions of thl, chapter consistent with th~ Ic~ishhvc ~teat thereof. Pen-sons aglpieved ,by an interpretation of the chapter by the Director of Comm,mi~ Develop- taunt may petition tim Plasming Com,-i~sion in writing for review of tbe inu:xprutation. (Ord. 1834 (pan),'1999: Ord. 1808 (pan), 1999; Ord. 1601Exh. A (Pan), 1992) ¢OapefUo I I-~9) 588-12.6 19.2g.130 19.28.130 Appendix A~Landscape Mitigation Measures. PRIVACY SCR~'~NING MATERIALS I. NON-DECIDUOUS Tl~-'~g Planting Distance~ Height Spread Max A. Cedn~ D¢odara--Dcodara Cedar to 80' 40' @ ground 20' B. Melaleuca Linm-ifoli~--Flnxle~ Paperbark 30' 12~15' 6' C. Pinus Hclipensis--Aleppo Pine . ~ 20---25' 10' D. Eucalyptus Polyaathcmo: $ilverdollar 20 60' 10---15'' $' E. Cinnamomom Camphora---Camphor 50' 50' 20' F. Arbutus Marina 40' 35' 15' G. Magnolia C, randiflora--Southern Magnolia 80' 40' 20' The minimum tr~ size shall be 24~ box minimum and a minimum of 8' high planted height. See Page 2 of Appendix A for minlml'rrl planting distance from City street tr~e.s for planting in the front yard setback IL NON-DECIDUOUS SHRUBS A. Pimospomm Eugenoides 40' 20' 5' B. Pimospomm T~uifolium 40' 20' 5' C. Piuosporum Crassifolium 25' 1.~--20' D. Piuospomm Undulanun---Viciorian Box 15 !9' 15 40' 8' E. Cuprcssus S~Itali~ C'yprr. ss 60' 2 5' 5' F. Podocarpus Cwadlior~Fcm Pine 6(Y 20' 10' G. Privet Ligustmm Glossy Privet 35 ~.0' 20' Iff I-L Laums Nob'flis--C.n~m Laurd 1~--40' 20' 10' L Rhus Lancia--African Sumac 25' 20' 10' The minimum shrub size shall be 15-gallon minimum and a mi,~im,,m of 6' high planted height. See Page 2"of Appen~ A for minimum planting distance from City street t~es for planting in the front yard setback. The Community Development lll~tm'u~nt may use other species m.,, those listed above subject to approval. Applicant shall be ~ to submit adequate documentation in order for approval of other planting m,~-~isls Documentation shall include a letter f~m an Internationally Certified Arborist or Landscape Archi~ stating that they ar~ suitable for planting on the applicant's pmpeaxy. The goal is to p~ovid¢ a partial sc~eaiag after thr~ yeats' grovah following planting. 588-12.7' (cupuaM n-PA ' .19.28.130 Appendix A, page 2 City of Cupertino Strut Tr~ List Thc purpose of this list is to give thc minim~ planting distanc~ b~tw¢¢n thc r~u/re~ slxegt txcg/shrub planting in fxont yard setbacks and the City Stln~t tree. CITY $~ TREE Planting A. St. Mary Magnolia* 20' 10, B. Crape Myrtle 20' 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. lViayt~ 30' 15' I. Melaleuca 30' 15' K. Easm'n R~lbud* 30' 15' L. Brisbane Box* 40' 20' M. Liquid Ambea' 40' 20' N. Carob 40' 20' O. C~iget-a 40' 20' P. Rhus Lancia ~ 20' Q. Lirod~ndron 40' 20' R. Chinese Pistacio* 50' 25' S. Cfinko* 50, 25' T. Chinese Hackbexry* 50' 25' U. lailm 50, 25' V. Sycamore 50, 25' W. Muiben'y 50, 25' X. Silk Tree 50' 25' Z. Medesto Ash 50' 25' AA. $hammel Ash 5O' 25' BB. Camphor 60' 30' CC. Zelkova 60' 30, * Denotes tree currently on ~ tree list. Other treea previously on list and may cunvatly exist as a street tr~. (Ord. XS34 (pan), 199~) ~ u.m 588-12.8 19.28.140 19.28.140 Appendix B---Release of Privacy Protection Measures. Single-Family Residential Ordinance Ordia~¢e 19.28 (Single-Family) z~uirc$ that after September 21, 1998, all new two-story additions or homes be required to complete privacy protection measures. Staff may gxant a modification or deletion to this requirement if the adjacent affected property owners sign a release agreeing to modify or delete the requirement.' Property Location Address: .D~te I agree to waive or modify the privacy'protection measures required of the Single-Family Residential Ordinance as follows: Property Ownen Addr~s: Phone: Sigt~tu~: (Ord. 1834 (pan), 1999) 588-12.9 19.28.150 19.28.150 Appendix C~Privacy Prolecfion Planting Affid~viL Purpose. To azsure thc de¢ision-rnal~rs and neighbors that thc privacy protection planting has been imtallcd according to the planting plan. Validation. Aa Int~-nationally Certified Arbofist or Licensext Lan~cape 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 ac acldrezs and it is consistent in design, height and location with the lan~cape planting and irrigation plans drawn by and dated (anachexl~. Landscape Archite~ Title Professional Liceme Stamp Here Da~ (Ord. ~S~4 (pan), 1999) 588-12.10 Ex.h. 1 30° Angle Privacy Invasion Mitigation required in shaded areas Rear Jamb Second Floor · t 588-12.11 CITY OF CUPE INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 AGENDA ITEM 8 Summary AGENDA DATE PUBLIC WORKS DEPARTMENT March 6, 2000 SUBJECT AND ISSUE Approving the reorganization of territory designated '"'Byme Avenue 99-10." BACKGROUND The City has received a petition for the aforementioned area that constitutes 100% consent for annexation. On this basis, the City of Cupertino acts as lead agency and under Government Code Section 56826, the City Council is the conducting authority for a reorganization, including an annexation, to the City. Also, on the basis that it is 100% consent, the City Council may approve or disapprove the annexation without a public heating. Upon City Council approval of reorganization, the property is hereby annexed and only requires LAFCO to certify City Council action. STAFF RECOMMENDATION That the City Council approve the reorganization and annexation of territory designated "Berkeley "Byme Avenue 99-10." B,' J. V~t'' .vich'i' ;~c~or o~ublic Works ~-~mission: Printed on Recycled Paper RESOLUTION NO. 00-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "BYRNE AVENUE 99-10", APPROXIMATELY 0.234 ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND ALCAZAR AVENUE; HOLT (APN 357-12-029) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.234 acre on the east side of Imperial Avenue (APN 357-12-029) has been filed bY propertj owners Warren and E. Yvonne Holt; and WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00- 045 initiating proceedings for annexation of the area designated "Byme Avenue 99-10"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of · Cupertino as follows: That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Byme Avenue 99-10", more particularly described in Exhibit "A"; That the following findings are made by the City Council of the City of Cupertino: ao That said territory is uninhabited and comprises approximately 0.234 acre. Resolution No. 00-079 Page 2 bo That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy of annexing when providing City services. Co The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the enviroment, and previously approved the granting of a Negative Declaration. do The City Council on May 16, 1983, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-7.5 zone. Annexation to the City of Cupertino will affect no changes in special districts. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. ho That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. jo That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. mo That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. That said annexation is hereby ordered without election pursuant to Section 35151 et seq. of the Government Code. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. 2 Resolution No. 00-079 Page 3 BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A BYRNE AVENUE 99-10 All of that real property situate in Santa Clam County, California described as follows: BEGINNING at the Northeasterly corner of Lot 4, said point also lying on the Westerly line of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139, Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa Clam County records; thence East 50.00 feet along an Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne Avenue 98-12", to a point on the Easterly boundary of Byme Avenue; thence leaving said Annexation line and proceeding along the Eastedy boundary of Byme Avenue South 60.00 feet; thence leaving said Easterly line and proceeding West 50.00 feet to the Northeasterly corner of the Annexation to the City of Cupertino titled Byme Ave. 89-02; thence along the Northerly line of said Annexation West 120.00 feet to the Southwesterly corner of the above mentioned Lot 4; thence along the Westerly line of said Lot North 60.00 feet to the Northwesterly corner of said Lot; thence along the Northerly line of said Lot and along the above mentioned Annexation Line East 120.00 feet to the point of BEGINNING. Containing 0.234 acre more or less and consisting of all of Lot 4 and a portion of Byme Avenue as shown on the above-mentioned Map. Gwoz/gwoz-exha.doc Revised 1-24-00 EXHIBIT B PROPOSED ANNEXATION SITE~/~ Z m TO THE CITY OF CU PERTINO_~~ ENTITLED ! ~ ~- -- -/ BYRNE AVE. 99-10 o~ LOT 1 · ~_ ~'~ LIMITS OF ANNEXATION I Li.I ! ~ "BYRNE AVE. 98-12" 0 tO LOT 2 .~ j SCALE: 1" 60' LOI ~ I PROPOSED ANNEXATION /! 20.oo' /////1/.5o:o .o/, 0.254 A'C (10,200 SQ. FT.) WEST 170.00 ~.~ o. ViC NITY M _ _ _ _ SAN FERNANDO AVE. /~/ / ALCAZAR DOLORES <( r,,.- 0 '~ "~"" "'"" CUPERTINO CITY LIMITS PROPOSED ANNEXATION LIMITS SEPTEMBER 22, 1999 ~.-b REV 1-24.-00 CITY OF CUPEPxTINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 FAX: (408) 777-3109 HUMAN RESOURCES DIVISION Summary Agenda Item No. ~ Meeting Date: March 7, 2000 SUBJECT: Domestic partners medical and hospitalization insurance coverage. BACKGROUND: The California State Legislature has amended the Government Code ({}22873) allowing domestic partners to register with the California Secretary of State and to be eligible to enroll in a health plan available through the California Public Employees' Retirement System. Public agencies may elect to make this benefit available to their employees and retirees. It is required for the City Council to approve the attached resolution electing to be subject to the provisions of Section 22873 of the Government Code prior to coverage for qualifying domestic parmers. The determination of a qualifying domestic partnership will be made by the Secretary of State following application by the interested parties. RECOMMENDATION: It is recommended that the City Council approve the attached resolution. ~WflliaYn J. Woska Human Resources Manager Approved for Submission: Don~l~~~~/~' City Manager Printed on Recycled Paper RESOLUTION NO. 00- 080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ELECTING TO BE SUBJECT TO THE PROVISIONS OF SECTION 22873 OF THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WHEREAS, Government Code Section 22850 and/or 22850.3 provides the benefits of the Public Employees' Medical and Hospital Care Act (Act) to employees of local agencies contracting with the Public Employees' Retirement System; and WHEREAS, the City of Cupertino, hereinafter referred to as Contracting Agency, is a local agency contracting with the Public Employees' Retirement System under the Act; and WHEREAS, Government Code Section 22873 allows a Contracting Agency to provide benefits to the domestic parmers of employees and annuitants of local agencies contracting under the Act upon proper application; and WHEREAS, the Contracting Agency desires to obtain for its employees and annuitants the benefit of Section 22873 and to accept the liabilities and obligations of a contracting agency under said Section; NOW, THEREFORE, BE IT RESOLVED THAT the Contracting Agency elect, and it does hereby elect, to be subject to the provisions of Section 22873 of the Government Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino resolutions/domestic parlners.rff CITY OF CUPERTINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item'No. /0 SUBJECT AND ISSUE Meeting Date: March 6, 2000 Leadership Cupertino/Tomorrow's Leaders Today - Agreement between sponsors to share equally in liability. BACKGROUND Leadership Cupertino is an ongoing program in its third consecutive year, which teaches adults about government, quasi-government and not-for-profit organizations in Cupertino. Tomorrow's Leaders Today was started in September 1999 to similarly educate high school sophomores and juniors. The goal of these programs is to encourage future involvement by our citizens in our council, board, and commission seats. The Sponsors of Leadership Cupertino and Tomorrow's Leaders today are the Chamber of Commerce, DeAnza/Foothill College, UCSC and the City. This year our steering committee was asked to formalize coverage for any future litigation exposure. The Sponsors have mutually agreed to require that the executive directors carry two million dollars of professional liability insurance and to equally share all settlement costs over this insurance of any future lawsuit(s). The attached agreements set forth these intentions. RECOMMENDATION: Staff recommends approval of the independent contractor and sponsor agreements. Submitted by: Approved for submission: Carol A. Atwood Director of Administrative Services Donald D. Brown City Manager Printed on Recycled Paper AGREEMENT BETWEEN AND AMONG THE CITY OF CUPERTINO, THE CUPERTINO CHAMBER OF COMMERCE, THE UNIVERSITY OF CALIFORNIA, SANTA CRUZ AND FOOTHILL DEANZA COMMUNITY COLLEGE DISTRICT SPONSORING THE OPERATION OF LEADERSHIP CUPERTINO AND TOMORROW'S LEADERS TODAY This Agreement (hereinafter "Agreement") is made and entered into as of July 1, 1999, (hereinafter "Effective Date") between and among the City of Cupertino, a California municipal corporation (hereinafter the "City"), the Cupertino Chamber of Commerce, a non-profit corporation organized under the laws of the state of California (hereinafter the "Chamber"), the University of California, Santa Cruz (hereinafter "UCSC") and the Foothill-DeAnza Community College District (hereinafter the "District"). The parties may also be referred to collectively as "The Sponsors." Recitals This Agreement is made with reference to the following: 1. Effective September 1997, the City, Chamber, and the District entered into an informal agreement to sponsor "Leadership Cupertino" (hereinafter "LC"), a ten- month course to introduce citizens to government, quasi-government and not-for- profit organizations with the purpose of encouraging and educating citizen involvement in local political issues. 2. In 1999, UCSC joined as a 4th sponsor and another program was added for · youthful participants entitled "Tomorrow's Leaders Today" (hereinafter "TLT"). 3. All four sponsors support the programs through cash contributions and in- kind services. Administrative services for the programs are performed by the City. 4. Each program is administered by a paid executive director who works as an independent contractor. Payments to the executive directors are advanced by the City. The City is reimbursed for these costs by the Sponsors and other program revenues. 5. The overall supervision of both programs is accomplished by a "Steering Committee" consisting of one or more representatives from each of the sponsors. peddir/l/ia. 1 ( 166)2-28-00 I NOW, THEREFORE, m consideration of the covenants and conditions herein contained, the Sponsors agree as follows: 1. Term and Termination a) This Agreement shall commence as of the effective date and shall continue thereafter for a period of one year unless earlier temfinated in accordance with this Agreement; provided, however, that this Agreement shall be automatically extended for successive periods of one year unless a Sponsor shall have provided written notice of non-renewal to other Sponsors no later than sixty (60) days prior to the end of the one year period. b) This Agreement may be terminated early by a simple majority vote of the entire Steering Committee, or in the event that funds derived from all sources of revenue are insufficient to fund either or both programs. 2. Budgets Prior to the end of the City's fiscal year, the City shall submit to the Sponsor a proposed budget, in substantially the same form as the 1999-2000 budget, a copy of which is attached hereto. The Sponsors shall be responsible for approving an annual budget for every year of operation of the program or programs. 3. Level of Contributions The Sponsors will provide cash and in-kind contributions for ten (10) month LC and TLT programs. The level of cash and in-kind contributions shall be determined by the Steering Committee on an annual basis after the annual budget is approved. 4. Payments to Executive Directo~ The City will advance sums necessary to pay the executive directors of the programs. The City will reimburse itself for these costs from the cash contributions of the Sponsors, tuition payments, and donations. 5. Executive Directors- Independent Contractors It is understood that the Executive Directors of the LC and TLT programs shall at all times act as independent contractors of the Sponsors and shall not be considered employees of any of the Sponsors. The contracts for said Executive Directors shall be in writing and shall conform to the sample contract attached hereto. 6. Executive Director- Indemnity and Insurance Any written agreement for the services of an Executive Director shall contain a provision in which the Sponsors and the Executive Director indemnify, defend, and hold harmless each other for the acts and omissions of the other. Said written agreement shall als° contain a provision requiring each Executive Director to maintain professional liability insurance coverage with a responsible insurance carrier approved by the Sponsors, in an amount of no less than $2,000,000. Said policy shall name the Sponsors as additional insureds. 7. Claims and Litigation - Allocation of Obligations In the event that any claim, demand, action, suit, or proceeding of each and every kind is brought by any party who is not a Sponsor arising out of the operation of the LC and/or TLT programs, the City will undertake the defense of the same on behalf of all Sponsors. At the conclusion of each such proceeding above described, the Sponsors shall forthwith reimburse on an equal basis the City for all losses which are not covered by the insurance policy described in Paragraph 6 above, including the deductible amount of the policy. 8. Compliance with Laws All Sponsors shall observe and comply with all valid laws, ordinances, statutes, orders and regulations now or hereafter made or issued respecting this Agreement by any federal, state, county, local or other government agency or entity having jurisdiction thereof. 9. Notices Any notice, request, demand or other communication provided for hereunder shall be in writing and delivered in person or sent by First Class mail, facsimile or overnight delivery and addressed as follows: City: Director of Administrative Services City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Facsimile (408) 777-3366 Chamber: Executive Director Cupertino Chamber of Commerce 20455 Silverado Ave. Cupertino, CA 95014 Facsimile (408) 252-0638 "District: DeAnza College 21250 Stevens Creek Blvd. Cupertino, CA 95014 Facsimile (408) 864-8603 UCSC: Marketing Director University of California, Santa Cruz 10420 Bubb Road Cupertino, CA 95014 Facsimile (408) 342-0164 Any Sponsor may change its address for receipt of notices under this Agreement by notice given in the manner provided herein. pc/dir/i/ia.l(166)2-28-00 3 / o-' ~ 10. Amendments This Agreement represents the entire understanding and expression of the Sponsors' Agreement as to those matters contained herein, and supersedes all other oral or written agreements with respect to such matters. This Agreement may be modified only by a written amendment duly executed by the Sponsors. 11. No Third Party Beneficiary This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties. No third party or parties shall have the claim or right of action under this Agreement for any cause whatsoever. The Sponsors acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Sponsors that this Agreement shall become effective as of July 1, 1999. Approved as to Form: City of Cupertino Charles T. Kilian, City Attorney University of California, Santa Cruz Mayor, City of Cupem.'no Attest: City Clerk Foothill-DeAnza Community College District By. By: Vice Chancellor Cupertino Chamber of Commerce By: President By President pe/dir/I/ia.l(166)2-28-00 4 /to - $ CONTRACT FOR EXECUTIVE DIRECTOR LEADERSHIP CUPERTINO THIS CONTRACT is entered into on July 1, 1999, by and between the City of Cupertino, a Califomia municipal corporation (hereinafter the "City"), the Cupertino Chamber of Commerce, a non-profit corporation organized under the laws of the state of California (hereinafter the "Chamber"), the University of Califomia, Santa Cruz (hereinafter "UCSC"), the Foothill-DeAnza Community College District (hereinafter the "District"); the parties may also be referred to collectively as "The Sponsors", and Darryl Stow, hereinafter called "Consultant". WHEREAS, the SPONSORS are in need of an executive director, and WHEREAS, CONSULTANT is qualified to perform the director's services for the SPONSORS. NOW, COVENANT, 1. · - 4. THEREFORE, in consideration of the mutual promises herein, the parties hereto PROMISE and AGREE as follows: CONSULTANT shall perform the director services for the SPONSORS as set forth in the attached description of said Office. It is understood and the parties intend that the services described herein shall be provided on an annual basis for the ten (10) month program. CITY shall compensate CONSULTANT at the rate of seven hundred and fifty dollars ($750.00) per month for all work described herein plus the cost of maintenance, two million dollars ($2,000,000) for professional liability insurance. This contract shall commence on July 1, 1999, and shall continue in full force and effect until June 30, 2000. This contract may be terminated prior to the automatic termination date set forth above as follows: A. By mutual consent of the parties; or B. By either party on delivery of written notice thereof to the other party with or without cause and for any reason, whatsoever. /O- b CONTRACT FOR EXECUTIVE DIRECTOR - LEADERSHIP CUPERTINO Page 2 5. If this contract is terminated under the provisions of Paragraph 4, CONSULTANT shall be compensated only for the months worked and expenses incurred prior to the effective date of termination. 6. The parties hereto agree and understand that this is a contract for professional services and shall not be assigned by either party in any manner. As such, it is understood that CONSULTANT is an independent contractor and not an employee of the SPONSORS. However, SPONSORS and the CONSULTANT shall indemnify, defend and hold harmless each other for the acts and omissions of the other. 7. This contract may only be modified by a written amendment hereto, executed by both parties. 8. In the performance of the work authorized under this contract, CONSULTANT shall not discriminate against anyone because of race, creed, color, ancestry, religion, marital status, medical condition, age (over 40), physical or mental handicaps, veteran or non-veteran stares, sex, or national origin. 9. This contract shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. This contract supersedes all contracts, proposals, oral and written, and all negotiations, conversations or discussions heretofore and between the parties related to the subject matter of the contract. EXECUTED at Cupertino, California, on the day and year first written above. CONTRACT FOR EXECUTIVE DIRECTOR - LEADERSHIP CUPERTINO Page 3 Approved as to Form: City of Cupertino Charles T. Kilian, City Attomey University of California, Santa Cruz By Deall Mayor, City of Cupertino Attest: City Clerk Foothill-DeAnza Community College District By: Vice Chancellor By: President Cupertino Chamber of Commerce By: President Darryl Stow CONTRACT FOR EXECUTIVE DIRECTOR TOMORROW'S LEADERS TODAY THIS CONTRACT is entered into on July 1, 1999, by and between the City of Cupertino, a California municipal corporation (hereinafter the "City"), the Cupertino Chamber of Commerce, a non-profit corporation organized under the laws of the state of California (hereinafter the "Chamber"), the University of California, Santa Cruz (hereinafter "UCSC"), the Foothill-DeAnza Community College District (hereinafter the "District"); the parties may also be referred to collectively as "The Sponsors", and Carroll B. McNeill, hereinafter called "Consultant". WHEREAS, the SPONSORS are in need of an executive director, and WHEREAS, CONSULTANT is qualified to perform the director's services for the SPONSORS. NOW, COVENANT, 1. THEREFORE, in consideration of the mutual promises herein, the parties hereto PROMISE and AGREE as follows: CONSULTANT shall perform the director services for the SPONSORS as set forth in the attached description of said Office. It is understood and the parties intend that the services described herein shall be provided on an annual basis for the ten (10) month program. CITY shall compensate CONSULTANT at the rate of seven hundred and fifty dollars ($750.00) per month for all work described herein plus the cost of maintenance, two million dollars ($2,000,000) for professional liability insurance. This contract shall commence on July 1, 1999, and shall continue in full force and effect until June 30, 2000. This contract may be terminated prior to the automatic termination date set forth above as follows: A. By mutual consent of the parties; or B. By either party on delivery of written notice thereof to the other party with or without cause and for any reason, whatsoever. CONTRACT FOR EXECUTIVE DIRECTOR - TOMORROW'S LEADERS TODAY Page 2 5. If this contract is terminated under the provisions of Paragraph 4, CONSULTANT shall be compensated only for the months worked and expenses incurred prior to the effective date of termination. 6. The parties hereto agree and understand that this is a contract for Professional services and shall not be assigned by either party in any manner. As such, it is understood that CONSULTANT is an independent contractor and not an employee of the SPONSORS. However, SPONSORS and the CONSULTANT shall indemnify, defend and hold harmless each other for the acts and omissions of the other. 7. This contract may only be modified by a written amendment hereto, executed by both parties. 8. In the performance of the work authorized under this contract, CONSULTANT shall not discriminate against anyone because of race, creed, color, ancestry, religion, marital status, medical condition, age (over 40), physical or mental handicaps, veteran or non-veteran status, sex, or national origin. 9. This contract shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. This contract supersedes all contracts, proposals, oral and written, and all negotiations, conversations or discussions heretofore and between the parties related to the subject matter of the contract. EXECUTED at Cupertino, California, on the day and year first written above. }0 CONTRACT FOR EXECUTIVE DIRECTOR - TOMORROW'S LEADERS TODAY Page 3 Approved as to Form: City of Cupertino Charles T. Kilian, City Attorney University of California, Santa Cruz By. Dean Mayor, City of Cupertino Attest: City Clerk Foothill-DeAnza Community College District By: Vice Chancellor By: President Cupertino Chamber of Commerce By: President Carroll McNeill i0 - RESOLUTION NO. 00-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER NAN YIN KU, 10112 CAMINO VISTA DRIVE, APN 342-14-065 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Nan Yin Ku, for the installation of certain municipal improvements at 10112 Camino Vista Drive and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6t~ day of March, 2000, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 00-081 Page 2 EXHIBIT "A" SCHEDULE OF .BOND, FEES, AND DEPOSITS DEVELOPMENT: Single Family Home Nan Yin Ku LOCATION: 10112 Camino Vista Drive A. Faithful Performance Bond: $10,000.00 TEN THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: $10,000.00 TEN THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 1,975.00 ONE THOUSAND NINE HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS D. Indirect City Expenses: E. Development Maintenance Deposit: ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: TWO HUNDRED SEVENTY-THREE AND 00/100 DOLLARS Go H. I. J. K. L. One Year Power Cost: Street Trees: Map Checking Fee: Park Fee: Water Main Reimbursement: Maps and/or Improvement Plans: N/A $ 1,000.00 $ 273.00 N/A By Developer N/A N/A N/A As specified in Item #23 of agreement RESOLUTION NO. 00-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND.WATER RIGHTS FROM NAN YIN KU, 10112 CAMINO VISTA DRIVE, APN 342-14-065 WHEREAS, Nan Yin Ku has have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all his rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6~ day of March, 2000, by the following vote: Vote Members o_.f th.__e City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-065 10112 Camino Vista Drive Nan Yin Ku~ hereinafter referred to as the "GRANTOR', this 18 day of FEBRUARY, 2000, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" & "B" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying lands in the said lots to take from said underground basin Within the said lots any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authori.zation is made for the benefit o£ lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. (Acknowledgment and Notarial Seal Attached) la. 3 EXHIBIT DESCRIPTION OF LAND FOR ~UITCLAIM D~ FOR UNDgRGROUND WATlgRRIGHTS All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 28 in Block 3 of Tract No. 1093, filed for record on May 4, 1954 in Book 42 of Maps at page 37, in the Office of the Recorder of said County and State. Refer to EXHIBIT "B", Plat, which is hereby made a part of this description.. Date: February 14, 2000 Site Address: 10112 Camino Vista Drive .5 T EVF_.. H~ ~R. EF_KID LV'Do N P/.ATOI: QUITCLAIM DEEP FoI:~.. U~DERG'ROLJ~P WATER. P..IG/.-IT5 SCALE-. 1'~='4o' GEID. 14, 3000 SI'I"E. AD1)1~-..55: IOII'Z. cAI,411qO VISTA cup EP,'T~NO, CA. STATE OF CALIFORNIA COUNTY OF SANTA CLARA a Notary Publ£c in and for said State, personally appeared . ~~.~ · , personally known to me (or proved to me on the basis..of~atisfactory evidence) to be the person(s) whose name (s) is/a~e subscribed to the within instrument and acknowledged to me that -~e/she/t~T~ executed the same in ~ri~/her/tq%e~r authorized capacity(les), and that by h~s/her/tg~.~z~si~nature (s) on the instrument the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. RESOLUTION NO. 00-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 006-M TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 04-5318 FOR FEDERAL-AID PROJECTS WHEREAS, there has been presented to the City Council a Program Supplement No. 006-M to the Administering Agency-State Master Agreement No. 04-5318 covering preliminary engineering at the State Route 85 at Stevens Creek Boulevard intersection; and WHEREAS, all agencies are requested to execute this program supplement; and WHEREAS, the provisions, terms, and conditions of the aforementioned supplement 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 program supplement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6'h day of March, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino PROGRAM SUPPLEMENT NO. M006 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 04-5318 Date:January 20, 2000 Location: 04-SC~SR85 Proj ect ~,~er .- STPLHG-5318(010) E.A. l~er ~ 04-923309 This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on 07/08/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Agency on (See copy attached). The Agency further stipulates that as a condition tO payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION ~ SR85 at Stevens Creek Blvd. FS TYPE OF WORKs Upgrade Signal LENGTHs 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK ~] Preliminary Engineering [ ] Right-Of-Way [ ] Construction [ .] Construction Engineerinl Estimated Cost Federal Funds Matching Funds Q43 $10,000.00 LOCAL OTHER $10,000.00 $0.00 $0.00 $0.00 CiTY OF CUPERTINO STATE OF CALIFORNIA Department of Transportation By By John Statton, Mayor, City of Cupertino Chief, Office of Local Programs Date Project Implementation Attest Title Cun6rttno City Clerk Date I hereby certify upon my person&l .knowledge ~hat budgeted funds are available for th~s encumbrance= 50 1999 2660-101-890 99-2000 20.3~.810 C 262040 892-F $10,000.00 AMOUNT 10,000.00 Program Supplement 04-5318-M006- ISTEA Page I of 2 04o$CL-$R8$ 01/20/2000 STPLHG-5318(010) SPECIAL COVENANTS OR REMARKS All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, ~d accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 4. This Program Supplement will be revised at a later date to include other phases of work. Program Supplement04-$318-M006-ISTEA Page 2 of 2 CITY OF CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM AGENDA DATE March 6, 2000 SUBJECT AND ISSUE Vacation of a roadway easement located at Rainbow Drive and Weymouth Drive. BACKGROUND The roadway easement being considered for abandonment is located on Rainbow Drive and Weymouth. Since this easement is deemed unnecessary for present and prospective use and is no longer needed by the City, the property owner has requested vacation of said easement. All utility agencies affected by the proposed vacation have been contacted and there is no objection. STAFF RECOMMENDATION Staff recommends that the City CounCil adopt Resolution No. 00-Oo°l, ordering vacation of the roadway easement. · ~ubr~ed by: Director )fPublic Works Appr d fOr 'ssion: Do~d'd I~. Br~wn City Manager Printed on Recycled Paper RESOLUTION NO. 00-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; RAINBOW DRIVE AND WEYMOUTH DRIVE WHEREAS, hearing on Resolution of Intention No. 00-55 was held on March 6, 2000, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the City to vacate the hereinafter described portion of roadway easement; that said portion of said easement is unnecessary for present and prospective public purposes. NOW, THEREFORE, BE IT RESOLVED: 1. That any and all protests of the vacation of said portion of roadway easement be and hereby are overruled and denied. 2. That that certain portion of roadway easement described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED: That the City Clerk be and hereby is instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of theCity Council of the City of Cupertino this 6th day of March, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the .City Council APPROVED: City Clerk Mayor, City of Cupertino Consulting Engineering · Planning urveying · Land Development r-NGINEERING I.EGAL DESCRIPTION FOR PUBLIC STREET VACATION ALL THAT CERTAIN REAL PROPERI'Y Si'I'UA'rE IN THE CITY OF CUPERTINO, COIYNTY OF SANTA CLARA, STATE OF CAI.IFORNIA, AND DESCRIBED AS k.OLLOWS: BEGINNING AT THE MOST SOU'H tEAS'I'ERLY CORNER OF PARCEL I AS SHOWN ON SAID PARCEL MAP RECORDED ON JUI.Y 21, 1999 IN BOOK 71 $ OF MAPS, AT PAGE 7, SANTA CLARA COU2qTY RECORDS, SAID POINT OF BEOIN'NING ALSO LIES AT THE EXiS't'INO RIGHT-OF-WAY LINE OF RAINBOW DRI V E, 'i'l IENCE FROM SAID POINT OF BEOINNINO, AND RUN N IN G ALONG TI IE RIGI IT-OF-WAY LINE OF RAINBOW DRIVE S g9 54'30"W, A DISTANCE OF 87.23 FEET; THENCE THROUOH A CURVE TO THE RIGHT HAVING A RADIUS Ok' 20.00 FEET, A CENTRAL ANGLE OF 89 $8'51", AND AN ARt': I .i:.:NGTH OF 31.41 FEET; THENCE R[FNrNINO ON A I.INE THAT IS TIlE PR(.)[ .ONGATION OF THE RIGI IT-OF-WAY OF WEYMOUTH DRIVE S 00 04'21" E A DrSTANCE O1" 19.8'6 FEET; THENCE RUN'N~O THROUGH A CURVE TO THE LEFT HAVING A RADTUS OF 20.00 FEET; A CENTRAL ANGLE OF 88 IYI6", AND AN ARC LI:-NGTiI OF 30.80 FEET; THENCE THROUGH A CURVE TO THE LEFT HAVING A RADIUS Ok' 170.00 FEET, A CEN'I'KAL ANGLE OF ! 6 $1'02". AND AN ARC I.Ii~NG'I'H OF 50.00 FEET; THENCE THI{OUGHT A CURVE TO THE RIGHT HAVING A RADIUS Ol" 230.00 FEET, A CENTRAL ANGLE OF 09 54'18", ANI.) AN ARC LENGTH OF 39.76 FEET; THENCE N 00 05'08" E 3.89 FEET TO 'l'iiE POINT OF BEGINNING. CONTAINING 1535 SQLJARE FEET MORE OR LESS. 1475 Saratoga Ave.. Suite 240 · San Jose, CA 95129 (408) 255-5661 Fax (408) 255-5662 R' =' N89'55'23'[ ' ! I ! I I ! I PARCEL l NA ENGINEERING CO. engineering, planning, surveying. 1475 SARATOGA AVE., SUITE 190 SAN JOSE CALIFORNIA PttONE(408) 255.$661 FAX(4118) 255.$662 JOB NO.: ~ DA TE: JAN. 6. O0 SC4LE: ~ D RA WN B Y: ~ CHECKED B Y: ~ CITY OF CUPEPxTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department Agenda Item No. /$ Summary Agenda Date: March 6, 2000 Application: · Applicant: Property Owner: Property Location: Project Data: General Plan Designation: Zoning Designation: Specific Plan Designation: 16-U-99, 31-EA-99 Stanley Wang Stanley Wang 10060 South Stelling Road Net Lot Area: Building Area Total: Floor Area Ratio: Density: Parking: Required: Proposed: Med-High Density Residential 10-20 dwelling units per gross acre. Planned Development Commercial, office & medium/high density residential 8-35 dwelling units per gross acre. 23,179 square feet (.53 net acres) 15,814 square feet 68 % 11 units/acre 25 spaces 34 spaces Project Consistency with: General Plan yes Zoning/Specific Plan no Environmental Assessment: Negative Declaration recommended Application Summary: Use permit to demolish two single-family homes and construct eight townhomes, totaling 15,814 square feet on a 23,179 square foot lot. BACKGROUND: The applicant is requesting a use permit to construct eight townhouses on a 0.53-acre site located in the vicinity of Stelling Road and Bianchi Way, 150 feet south of Stevens Creek Boulevard. The site consists of three existing parcels. Two of the parcels front on Stelling Road while the other parcel fronts Bianchi Way. The applicant intends to apply for a tentative map at a later date to map the nine lots (one lot held in common). DISCUSSION: January 1 O, 2000 Planning Commission Meeting: At the January 10, 2000, planning commission meeting, the applicant received direction from the commission to decrease the density, lower the mass and create a better transition between the adjacent low density residential development and the more intense proposed d~velopment. February 28, 2000 Planning Commission Meeting: Prior to the February 28, 2000 planning commission meeting, staff met with the applicant on three occasions to discuss ideas for meeting the commission's requests. Staff suggested the applicant reduce the density by at least one unit, incorporate a landscaped open space in the center of the project and Printed on Recycled Paper enhance the architectural quality of the buildings. After these meetings, the applicant chose to submit another version of the site plan with no reduction in density. The revised submittal changed "Plan A" to a side orientation on Stelling Road, incorporated tandem parking spaces for all of the units and eliminated the partial below grade parking. Elimination of the partial below grade parking reduced the building height from 32' 6" to 25' on Stelling Road. Staff advised the applicant that the revised plan was undesirable because the density was not reduced, the site plan relied upon tandem parking spaces for all of the units, circulation was awkward and the architecture remained plain and unappealing. The city's architectural advisor agreed with staff. Therefore, staff recommended the commission deny the use permit application. The planning commission believes that the city has a severe shortage of units in the townhouse price range. Furthermore, the commission believes the design, with a few minor modifications, is acceptable. The commission voted 3-2 to approve the development, subject to further articulation of the south elevation of Plan A, and grant an exception to the Heart of the City setback requirements. RECOMMENDATION: The planning commission, on a 3-2 vote, recommends city council approve application 16-U-99, subject to further articulation of the south elevation of "Plan A" and grant an exception to the Heart of the City setback requirements. Staff shall have the authority to approve the modifications to the south elevation. Environmental determination: Negative declaration recommended. APPROVED FOR SUBMITTAL: SUBMITTED BY: Steve Piasecki Director of Community Development Don Brown City Manager Enclosures: Planning Commission Resolution No. 6007 Plan Set February 28, 2000 planning commission report January 10, 2000 planning commission report and minutes Negative Declaration Initial Study G:XPlanningXPDREPORT\pc\pc 16u991.doc /.~'"-- ~ 16-U-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6007 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO GRANTING 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 15,814 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) The proposed development has legal access to public streets and public services are available to serve the development. Resolution No. 6007 16-U-99 Page 2 February 28, 2000 6) 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. 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 denied, 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 Hearing record concerning Application, file no. 16-U-99, as set forth in the Minutes of the Planning Commission Meeting of February 28, 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 III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is base on Exhibits dated 2/2/00, sheets 1- 11, except as may be amended by the conditions contained in this resolution. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan in 'conformance with Chapter 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. 3. MINOR MODIFICATIONS TO SOUTH ELEVATION OF PLAN A The applicant shall further articulate the south elevation of the "Plan A" units. Staff shall approve the modifications prior to issuance of the building permit. 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 Resolution No. 6007 Page 3 16-U-99 February 28, 2000 of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally ban'ed from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS e ge DEPARTMENT 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 HYDRANT 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-l, 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 Resolution No. 6007 16-U-99 Page 4 February 28, 2000 Ow 10. 11. 12. City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 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 tc~ issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: g. Grading Permit: $ 5% of Improvement Cost or $1,975.00 minimum $ 3,000.00 $ 926/acre + ($70*8) $ 75.00 per streetlight $ 468.00 $ 9,100.00/unit $ 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 rights to Cupertino Water and shall reach an agreement with San Jose Water Company for water service to the subject development. Resolution No. 6007 Page 5 16-U-99 February 28, 2000 13. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), 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. PASSED AND ADOPTED this 28th day of February, 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: ATTEST: COMMISSIONERS: Kwok, Stevens and Chairperson Harris COMMISSIONERS: Con', Doyle COMMISSIONERS: COMMISSIONERS: APPROVED: Steve Piasecki Director of Community Development Andrea Harris, Chairperson Cupertino Planning Commission g/planning/pdreporl/res/res 16u99a CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: Project Data: 16-U-99, 13-EA-99 Stanley Wang Stanley Wang 10060 South Stelling Road General Plan Designation: Zoning Designation: Specific Plan Designation: Net Lot Area: Building Area Total: Floor Area Ratio: Density: Parking: Required: Proposed: Project Consistency with: Agenda Date: February 28, 2000 Med-High Density Residential 10-20 dwelling units per gross acre. Planned Development Commercial, office & medium/high density residential 8-35 dwelling units per gross acre. 23,179 square feet (.53 net acres) 15,814 square feet 68 % 11 units/acre 25 spaces 34 spaces General Plan yes Zoning/Specific Plan no Environmental Assessment: Negative Declaration recommended Application Summary: Use permit to demolish two single-family homes and construct eight townhomes, totaling 15,814 square feet on a 23,179 square foot lot. BACKGROUND: The applicant is requesting a use permit to construct eight townhouses on a 0.53-acre site located in the vicinity of Stelling Road and Bianchi Way, 150 feet south of Stevens Creek Boulevard. The site consists of three existing parcels. Two of the parcels front on Stelling Road while the other parcel fronts Bianchi Way. The applicant intends to apply for a tentative map at a later date to map the nine lots (one lot held in common). DISCUSSION: January 10, 2000 Planning Commission Meeting: At the January 10, 2000 Planning Commission meeting, the applicant received direction from the commission to decrease the density, lower the mass and create a better transition between the adjacent low density residential development and the more intense proposed development. Staff met with the applicant on three occasions to discuss ideas for meeting the commission's requests. Staff suggested that the applicant reduce the density by at least one unit and incorporate a landscape open space in the center of the project. After these 2 meetings, the applicant chose to submit another version of the site plan with no reduction in density. The revised submittal changes "Plan A" to a side orientation to Stelling Road, incorporates tandem parking spaces for all of the units and eliminates the partial below grade parking. Elimination of the partial below grade parking reduced the building height from 32' 6" to 25' on Stelling Road. Staff advised reasons: 1) 2) 3) 4) 5) 6) 7) 8) 9) the applicant that the side orientation is undesirable for the following The units will now back up to the two single-family homes on Stelling Road and the future redevelopment of these parcels. The townhouse units do not face the street. The density has not been reduced, as directed. The plan relies upon tandem parking spaces for all of the units. The plan does not meet the setback requirements of the "Heart of the City" plan. The parking court and drive aisle off of Stelling Road provides no turnaround area. The plan provides no through pedestrian access to the bus stop. The plan requires relocation of the bus stop. The architecture remains plain and unappealing. RECOMMENDATION: In staff's opinion, the applicant has not followed the general direction of staff and the planning commission to reduce the mass and overall density of the proposed development. Therefore, staff recommends denial according to the findings in the attached model resolution. However, a model resolution for approval has also been provided should the Planning Commission wish to approve the proposed development Enclosures: Model Resolution Plan Set January 10, 2000 staff report and minutes ERC Recommendation Initial Study Prepared by: Approved by: Vera Gil, Planner II Steve Piasecki, Director of Community Developme~" gtplanning/pdreporffpc/pc 16u991 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location': Project Data: 16-U-99, 13~EA-99 Stanley Wang Stanley Wang 10060 South Stelling Road General Plan Designation: Zoning Designation: Specific Plan Designation: Net Lot Area: Building Area Total: Floor Area Ratio: Density: Parking: Required: 25 spaces Proposed: 26 spaces Project Consistency with: General Plan yes Agenda Date: January 10, 2000 Med-High Density Residential 10-20 dwelling units per gross acre. Planned Development Commercial, office & medium/high clensity residential 8-35 dwelling units per gross acre. 23,170 square feet (.53 net acres) 17,112 square feet 74 % 11 units/acre Zoning/Specific Plan no Environmental Assessment: Negative Declaration recommended Application Summary: Use permit to demolish two single-family homes and construct eight townhomes, totaling 17,112 square feet on a 23,170 square {hot lot. BACKGROUND: The applicant is requesting a use permit to construct eight townhomes on a 0.53-acre site located in the vicinity of Stelling Road and Bianchi Way, 150 feet south of Stevens Crock Boulevard. The site consists of three existing parcels. Two of the parcels fi'ont on Stelling Road while the other parcel fronts Bianchi Way. The applicant intends to apply for a tentative map at a later date to map the nine lots (one lot held in common). DISCUSSION: Heart of the City Planning District: The proposed development is located in the Heart of the City specific plan area and is subject to the Heart of the City Design Guidelines and setbacks. The proposal does not meet the 20-foot side setback. While the Specific Plan provides tbr an exception process from development standards where design flexibility is needed fbr small or unusually shaped lots like the subject site (Exhibit A), staff believes the specific plan findings cannot be made for neighborhood compatibility and high quality design. This is explained below. · Site Design The property is an "L" shaped parcel situated between commercial uses on Stevens C'l'cck Boulevard and existing residential uses to the south on Stelling Road and Bianchi Way. The applicant proposes to take access to two of the townhouse units directly from Bianchi Way and the other six units will be accessed from Stelling Road. Building Design and Mass The building design uses a conventional townhouse tbrmat with front loaded garages and side entries for the units that front Bianchi Way and the two units accessed off of thc Stelling driveway. These units are two-story in height. The remaining four units front directly on Stelling Road and have rear accessed garages. These units are three stories in height from the interior garage court and two and one-half stories in height as viewed from the Stelling Road frontage. The proposed development appears to be too massive and it does not relate well to existing residential units on Bianchi Way or Stelling Road. Bianchi Way The proposal does not integrate well with existing residences on Bianchi Way. Thc garages dominate the front of the.units with smallish entrances pulled back Ii-om thc double garage facade which makes the garage appear even more dominating. Thc second floor setbacks on the side and Bianchi frontage are minimal which makes thc massing largely incompatible with the existing single family homes to the south which are only one story in height. The Architectural Advisor, Larry Cannon, has similar design concerns for these units which are described as "Plan B" units in his comments (Exhibit B). Stelling Road The grading plan illustrates a five-toot difference between the top of curb elevation along Stelling Road and the first floor elevation of the adjacent/bur unit townhousc. This corresponds roughly to a 16% slope to the front door. There appears to be a stepped stoop to the front door, but the plans are not sufficiently detailed to determine il' thc gradc difference will be addressed with a retaining wall or landscaped slope. This significant grade difference does not relate well to either the commercial Wherehousc Rccords building or the abutting single family dwelling where the building grade is much closer to the grade of the sidewalk. The two and one-half to three story designs will appear massive and tower over thc existing residential units. The building mass has not been articulated enough nor is there sufficient architectural detail to offset the boxy look of the units, especially on thc sides of the building. Peripheral and interior landscaping are marginal which unfbrtunately enhances the visual mass of the building. The architectural advisor shared these concerns ( Exhibit B). RECOMMENDATION: Staff expressed its concerns to the applicant and requested a redesign. The applicant chose to proceed to Planning Commission hearing to obtain additional direction. Staff finds the present proposal is too massive and does not relate well to the surrounding environment. Therefore, staff recommends denial according to the findings ill tile attached model resolution. Enclosures: - Model Resolution Exhibit A: Specific Plan Exception Process Exhibit B: Larry Cannon's design comments Plan Set Prepared by: Approved by: WplanninWpdreporffpc/pc 16u99 Vera Gil, Planner II Steve Piasecki, Directo'r of Con~n~unity Developme~~.,__ CITY OF CUPERTINO 10300 Torre Avenue. Cupertino, California 95014 164 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT TO ALLOW THE DEMOLITION OF TWO SINGLE FAMILY DWELLINGS AND THE CONSTRUCTION OF EIGHT TOWNHOMES TOTALING 17,112 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 tbr a iJsc Permit, as described on Section II. of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of thc · City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter; and WHEREAS, the applicant has failed to meet the burden of proof required to support this application, and has not satisfied the following requirements: I) The proposed use, at the proposed location, will not be detrimental or i~jurious to property or improvements in the vicinity, and will not be detrimental to the public health, sat~ty, 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 project mass is incompatible with the surroundings and the project lacks sufficient architectural detail to be consistent with the Heart o f the City Design G u ideli nes. 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 denied, by the Planning Commission of thc City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution arc based and contained in the Public Hearing record concerning Application, file no. 16-U-99, as set Ibrth in thc Minutes of the Planning Commission Meeting of, January 10, 2000 and are incorporatccl by rcfcrcncc though fully set forth herein. Resolution No. 16-U-99 Page-2- .lanuarx IlL 21)1)0 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 PASSED AND ADOPTED this 10th day of JanUary, 2000, at a Regular Meeting of the I'lanning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development David Doyle, Chairman Cupertino Planning Commission g/planning/pdreport/res/res 16u99d ~ I I-I EA RT OF TH E: CITY Exception Process for Development Standards Exhibit In order to provide design flexibility in situations when small lot size, unusually shaped par- cels, or unique surrounding land uses make it difficult to adhere to the development standards and where all efforts to meet the standards have been exhausted, an applicant for development may file an exception request to seek approval to deviate from the standards. The possibility of lot consolidation, if art exception is needed for a substandard parcel, shall be evaluated. The exception process shall notbe used to increase land use intensity or change permitted land uses. A. An exception for ~[evelopment standards can be approved if the final approval authority for a project makes all of the following findings: 1. The proposed development is otherwise consistent with the City's General Plan and with the goals of th.is specific plan and meets one or more of the criteria described above. 2. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 3. The proposed development will not create a hazardous condition for pedestrian or vehicu- lar traffic. 4. The proposed development has legal access to public streets and public services are avail- able to serve the development 5. The proposed development requires an exception which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to ac- complish a reasonable use of the parcel. B. An application for exception must be submitted on a form as prescribed by the Director of Community Development The application shall be accompanied by a fee prescribed by City Council resolution, no part of which shall be refundable, to the applicant. Upon receipt of an application for an exception, the Director shall issue a Notice of Public Hearing before the Plan- ning Commission for an exception under this chapter in the same manner as provided irt sec- tion 19.120.060 (relating to zoning changes). After a public hearing, and consideration of the application in conjunction with the mandatory findings contained in subsection A above, the Planning Commission shall approve, conditionally approve or deny the application for an ex- ception. The decision of the Planning Commission may be appealed to the City Council as pro- vided in Sect/on 19.136.060. An exception which has not been used within two years 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 such permit or variance. An exception permit shall be deemed to have been used in the event of the erection of a structure or structures when sufficient build- ing activity has occurred and continues to occur in a diligent manner. A Exception Process for Development Standards The City of Cupertino 1/99 Exhibit ARCHITECTURE PLANNING URBAN DESIGN December 6, 1999 Ms. Ciddy Wordell City Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RE: STELLING VILLA PROJECT Dear Ciddy: Drawings for the Stelling Villa multifamily project were forwarded to me last week, but I don't know which planner is responsible for the project. Please pass these comments on. I reviewed the drawings and visited the site. My initial impression is that this is too much development on such a small site to allow the creation of a reasonable quality living environment. My concerns are summarized below. However, in the event that the project goes forward in general accordance with this plan, I have included a couple of concept sketches outlining some ideas that might be considered to mitigate the visual bulk of the project and improve its livability for residents. Concerns 1. There will be a considerable loss of trees in the area, a feature which now links the area to the college campus across Stelling. There is little area for street frontage landscaping, and it will be many years before any new trees reach significant size. 2. Living rooms on the Stelling frontage Plan A units will have a great deal of expogure to the street traffic with little buffering beyond interior window coverings. The proposed patio treatment doesn't seem to offer much of a transition between the unit and the street. 3. Pedestrian access from the street frontage to the Plan BM units seems limited to the driveway. 4. Plan BM and B units are grossly dominated by the garages. The entries have no visual impact. 5. The auto court between Plan A and Plan BM units could be pretty harsh. It doesn't appear that there is much room for any landscaping to soften the environment. TEL: 415.331.3795 FAX: 415.331.3797 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA94965 Smiling Villa Design Review December 6, 1999 Page 2 6. The small backyard between Plan B and Plan BM units seems inadequate given the large bedroom windows with only 30 feet between them. o I cannot tell from the site plan, but it appears that Plan .B and BM units are likely to have a significant impact on the small existing shingle-clad house on the adjacent lot along the Bianchi Way frontage. Likewise, there could be an impact on the adjacent home on Stelling since its entry faces the side yard which will now be dominated by a very tall wall. Some Suggestions As the design now stands, it appears that the project will relate more strongly to the harsh character of the adjacent comer commercial use than to the the softer small scale residential uses to the east. One goal would be to provide more of a transition in scale and character and to soften up the appearance and living environment within the project. The architect has some good elements in the design. My comments are intended to have the least impact upon them as possible while still moving toward the intended goal. The following should be considered: 1. Modify the roof on Plan A to suggest more of a 4-home cluster rather than a single building. This could be accomplished by using gable roof forms perpendicular to the street as shown on the enclosed concept sketch. Horizontal offsets should be used to reinforce this - some are already in place. 2. Soften the hard patio treatment along Stelling by introducing some lattice work to provide privacy and a base on which to introduce some vine landscaping. 3. Adding trellis elements above the living room windows along Stelling to increase the residents' sense of enclosure and reinforce the first floor of the building to pick up the strong eave line at this general level on adjacent single story homes. 4. Add some other projecting elements at upper floor windows to increase the visual interest of the facade, and perhaps add some more landscaping and color to the facade. These could be planter boxes or perhaps small projecting ledge balconies for flower pots with decorative metal railing work above. 5. Be sure that there are projecting elements on the side walls. The side elevation of Plan A suggests a projection, but none shows up in the plan or other elevations. 6. Provide a more pedestrian friendly connection between Stelling and Plan BM units. 7. Pave the auto court with interlocking paving stones to improve the visual appearance of it. CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA94965 o 10. 11. 12. Stelling Villa Design Review December 6, 1999 Page 3 Bring entry elements out to the front facades of Plans B and BM in a more forceful way. One approach is shown on the enclosed concept sketch. Without some significant effort in this regard, the garages will overwhelm these units. Simplify the design of the garage doors. The arched trim details only draw more attention to the garage mass. Add projecting trellis elements above the garage doors of Plans B and BM to provide a means of introducing some landscape softening of the garages with flowering vines. As with Plan A. consider some planter boxes or projecting small balconies under windows to introduce additional landscape softening. Give some more thought to the design and landscaping of. the rear areas of Plans B and BM to minimize the privacy loss impacts of the widows and limited physical separation. Carefully consider the landscaping along the north side of the auto court to provide for privacy of residents and neighbors, and to provide more pleasant outlooks from the units. Ciddy, I hope these observations and suggestions are of use. Please give a call if there are any questions or if you would like me to address other specific issues. Sincerely, CANNON DESIGN GROUP Larry L. Cannon AIA AICP President CANNON DESIGN GROUP /r-/o° 180 HARBOR DRIVE. SUrlZ 219.'SAUSALrro. CA94965 Planning Com~nission Minutes -~ .hmu:,r~ II). Pltmning Commission decision final unless rtppettled Request removal from c~dend~tr MOTION: Com. Harris moved to remove Items 3 and 8 From the calenda,' Com. Stevens and Com. Corr referred to a letter received regarding Item 8, Application No. 1 I-EXC-99. Ms. Wordell said that she did no readily recall the reason tbr the applicant requesting removal from the calendar. AMENDED MOTION: SECOND: VOTE: Com. Harris moved to remove Item 3 fi'om the calendar Com. Corr Passed 5-0-0 MOTION: SECOND: VOTE: Com. Stevens moved to postpone Items 2, 5, 6, 7 and 8 to the January 24, 2000 Planning Commission meeting Com. Harris Passed 5-0-0 PUBLIC HEARING Application No.(s): Applicant: Location: 16-U-99, 13-EA-99 Stanley Wang 10060 S. Stelling Road, 10051 Bianchi Way Use Permit to demolish three single family dwellings and construct eight townhomcs lol:Hing 17,112 square feet on a 23,170 square foot lot. Tentative City Council meeting February 7, 2000 Staff' presentation: Ms. Vera Gil, Planner 11, referred to the overhead map, and proposed site phm, and reviewed the application to demolish two single-I"amily homes and construct cighl townhouses, as outlined in the attachecl staff report. She noted that in order lO al)provc thc application, the Pla,ming Commission would have to make the lindings fi.n' I lcm't o1' Iht C'ily exception process, because the setbacks for the project do not meet the required 20 J~.)ol side setbacks in the Heart of the City. Staff does not feel it wouJd meet the exception process since il does not have a design which would warrant an exception, is too massive and docs not relate well to existing units on Bianchi Way or Stelling Road, and recommends denial o~' thc applicalion. Ms. Gil answered Planning Commissioners questions regarding the application. She noted that there was not a specific requirement for open space; however, applicants were encouraged m have private yard space for the townhouse. Mr. John Lowell, consultant, said that consideration was given to a proposed ol'ficc building apartment before submitting the application for the townhouse project. Fie said il. appeared IJl;.ll the staff reviewed an old report, since the new plans submitted by Pacific Rim Financial conl'm'm to all the requirements of the city, and consultant's recommendations. Ms. Gil clarilicd tirol Iht updated plans were reviewed by staff in reaching their conclusion. Mr. Lowell answered questions relative to parking spaces, landscaping and pedestrian access. Planning Commission Minutes Mr. Mike Chert, architect, revie~ved the changes made followinu tile rccommcndatiom, ~fl' thc Cannon Design Group. He said that the rooflines were changed and flower boxes wcrc added. I Ic also answered questions regarding the back yard spaces, elevations, density and setbacks. Chair Doyle opened tile meeting l"or public input; there was no one present ~vho wished Itl speak. Chair Doyle summarized tile issues of concern: density/use: FAR; mass/design; I Icart o1' thc City Com. Stevens said that tile density conforms to tile plan; however, he said the layout was h)o ambitious, and he had concern about the traffic. Fie also expressed concern about Platl A, I?, and BM, and said he felt the artist's conception still was too busy. He said he felt the tral'l"ic pattern Stel[ing made it difficult to get to different places, and asked is Public Works had an opportt,nity to review it, since he saw it as a major problem, Relative to density and past design, Corn.Stevens said that the area included a variety of single family homes, two story homes, a wm'chtluse ;md school, and would likely change in the future. He said he felt tbur units across thc front was Ioo dominant and overpo~vering, although it may not appear so in the future, Fie said he could not offer a detailed comment on tile Heart of the City Plan as he had not studied it in dclail. Coin. Kwok said that Plan A appeared to be high density because it is in tile front o1' thc main road on Stelling and be suggested that tbe density be reduced. He said be was not oppo.scd Itl I'l.'m IL or the height, but was concerned with the.traffic, turnaround and also parking. Relative to I lcart of the City, he said he was not certain about the setback guidelines, but felt hey should bc meeting the Heart of the City guidelines rather than automatically giving them an exception. Com. Corr said that in general he liked the idea of what they were aiming Ibr: thc density is appropriate; but he was concerned with elevations and landscape, and ,rated that some things tirol were discussed had not been incorporated, yet tile architect stated they could be. Itc said that the Heart of the City plan should be addressed and the project may be the one tlmt guides what would occur next door. Com. Harris said she liked townhouses and the project is a transitional piece xvilll commercial anti houses in the area. She said that she felt the FAR was too high, and the mass and density wcrctoo great. She said she felt a continuance was in order to make the project smaller and nlorc Itl scale with the su. rroundings. Chair Doyle agreed that the density was too high; noting that it was a transitio,ml pmpc,'ty fm,n Heart of the City in the main corridor to residential several houses back, thcrel'ore there should bc some transition. He said in tile past there have been several successful transitional properties with .45 FAR or .55 FAR. Relative to/he design, he said it was too boxy and needed work on details and articulation to make them more distinctive with more character. Chair Doyle said that relative to the Heart of the City Plan, he felt it should be a transitional property because it is in a fairly high use ct~rridor; and will set the tone for the future. He concurred that a continuance was in order to .reduce the density and return with a different shaped product, whether single family or townbtmsc. whatever is appropriate for the area. Com. Harris asked that Public Works comment oh the ingress and egress issues when tim project returns. Com. Kwok suggested that when it returns, appl!cant work with staff"to complete some of the changes suggested by the consultant Cannon Designs, such an ensuring they arc incorpor:tlcd into softening tip the mass a little and reduce tile size and density. Coin. Harris suggested Ihal Planning Commission Minutes 5 .hmuar~ I0, 2000 matrix be compiled showing Cannon's comments, whai has been done and whether staff feels il is adequate. Ms. Gil clarified that tile traffic engineer reviewed the plans beforehand, and he did not have any con.ceres or comments. Com. Harris CmTUTlented on the need for green space in tile back for each unit. (.'om (.'orr commented on the density, noting that four units ~vere high FAR, four ~ve,'e not; thc,'c wcrc property lines, and it would be more appropriate if the units weren't so massive in thc l'ront; and suggested softening the stark appearance with more variety. Com. Kwok said he I'clt Iht project had merit, and it was recognized as a transitional project between tile two neighborhoods. Ilo suggested the applicant work with the architect and staff to return with a revised plan For review. The applicant said they were willing to review the project and revise it for further review by Iht Planning Commission.. Mr. Piasecki suggested removal from the calendar rather than continuance of thc item lo a particular date because of the time constraints. MOTION: SECOND: NOES: VOTE: Com. Corr moved to continue Application 16-U-99, 13-EA-99 to' February I 0, 2000 Com. Kwok Corns. Harris and Stevens Passed 3-2-0 ColllS. Harris and Stevens clarified their no votes, stating they I"elt it was adwmtagcous for thc Director to have the option of removing the application fi'om calendar because ol'limc conslrainls. Application No.(s): Applicant: Location: 13-U-97(M) Sunnyview Lutheran Home 22445 Cuportino Road Removal of and replacement of ten protected trees and to modil'.v the ,'oo1' materials ;md paint colors of an approved addition. Plctnning Commission decision fin~d ttn/e&s' ~tpproved Continued from November 22. 1999 Pkmning Commission tnec, tin.~. Chair Doyle excused himself from discussion ol" the item as he resides within 200 It:ct o1' fhc facility. Vice Chair Harris chaired the meeting in his absence. Staff presentation: Ms. Ciddy Wordell, City Planner, introduced Scan Booth, Pla,ming Intern, and gave a brief background of his education and experience. Mr. Scan Booth, Planning Intern reviewed the application to remove ten trees I'ronl the property as outlined in the staff report. He noted that the portion of tile application relative m roof malcri;tls and paint color would be discussed on another date since staff needed t~dditional lime Io cvalualc it. He noted the trees to be removed because of' disease and damage and discussed thc recommended replacements. CITY OF CUPERTINO NEGATIVE DECLARATION March 6, 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 March 6, 2000 PROJECT DESCRIPTION AND LOCATION · 31-EA-99 Application No.: Applicant: Location: 16-U-99 Stanley Wang 10060 S. Stelling Road, 10051 Bianchi Way DISCRETIONARY ACTION REQUEST Use Permit to demolish three single family dwellings and construct eight townhomes totaling 18,814 sq. f~. on a 0.53 acre site. 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 gtplanning/erc/neg31 ca99 CITY OF CUPERTINO Depart. rnent of Community Development 10300 Tone Avenue Cupertino, Ca 95014 4011-777-3308 PROJECT DESCRIPTION: Project Title Project Location Project Description pro pot, mo Staff Use 0nly EA File No. Case File No~- Attachments { Environmental Setting. PROJECT DESCRIPTION: Site Area (ac.) os~ Building Coverage ~ % Exist. Building_s.f. Proposed Bldg. I'~ul. s.f. Zone ~'!2 G.P. Designation. ~ Assessor's Parcel No. '~ - "1 - ~, 4-, 15 If Residential, Units/Gross Acre Unit Type #I Unit Type #2 Unit Type #3 Unit Type Unit Type #5 Applicable Special Area Plans: Total# Rental/Own Bdrms Total s.f. Price Check). ~ Monta Vista Design. G.u. idelines ~ S. De Anza Conceptual I-'--I N. De Anza Conceptual ~ S. Sara-Sunny Conceptual Stevens Crk Blvd. Conceptual ~ Stevens Creek Blvd. SW & L'scape If Non-Residential, Building Area s.f. FAR Max. Employees/Shift__ Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area YES Vt NO A) GENERAL PLAN SOURCES l) Cupertino General Plan, Land Use Element 2) Cupertino General Plan, Public Safety Element 3) Cupertino General Plan, Housing Element 4) Cupertino General Plan, Transportation Element 5) Cupertino General Plan, Environmental Resources 6) Cupertino General Plan, Appendix A- Hillside Development 7) Cupertino General Plan, Land Use Map 8) Noise Element Amendment 9) City Ridgelin¢ Policy 10) Cupertino General Plan Constraint Maps B) CUPERTINO SOURCE DOCUMENTS 1 I) Tree Preservation ordinance 778 12) City Aerial Photography Maps 13) "Cupertino Chronicle" (California History Center, 1976) 14) Geological Report (site specific) 15) Parking Ordinances 1277 16) Zoning Map 17) Zoning Code/Specific Plan Documents 18) City Noise Ordinance C) CITY AGENCIES 19) Cupertino Community Development Dept. 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 Department 25) County Departmental of Environmental Health 26) Midpeninsula Regional Open Space District 27) County Parks and Recreation Department 28) Cupertino Sanitary District 29) Fremont Union High School District 30) Cupertino Union School District 3 I) Pacific Gas and Electric 32) Santa Clara County Fire Depamnent 33) County Sheriff 34) CA.LTR~uNS 35) County Transportation Agency 36) Santa Clara Va!ay Water District E) OI. FrSIDE AGENCY DOCUMENTS 37) BAAQMD Survey of Contaminant Excesses 38) FEMA Flood Maps/SCVWD Flood Maps 39) USDA, 'Soils of Santa Clara County" 40) County Hazardous Waste Management Plan 41) County Heritage Resources Inventory 42) Santa Clara Valley Wa~er District Fuel Leak Site 43) CalEPA Hazardous Waste and Substances Site List F) OTHER SOURCES 44) Project Plan Set/Application Materials 45) Field Reconnaissance 46) Experience with Project of similar s scope/characteristics 47) ABA(3 Projections Series 1) Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY ~N A SPECIFIC ITEM IS NOT APPLICABLE. 2) Consult the Initial Study Soume List; use the materials listed therein to complete, the checklist information in Categories A through O. You are encouraged to cite. other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. 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 "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each page. 5) Upon completing the checklist, sign and date the Preparer's Affidavit. 6) Please attach the following materials before submitting the Initial Study to the - City. - Project Plan Set of Legislative Document (1) copy - Location map with site clearly marked (when applicable) IMPACT YES WILL THE PROJECT... Not Significant Significant 2umulative SOURCE Significant (Mitigation (No NO Proposed) Mitigation Proposed) A) LAND USE GENERAL PLAN 1) Require a change from the land use 1,7,8 Gcflcral Plan? 2) Require a change of zoning? ['~ 3) Require a change of an adopted specific plan or other adopted policy [] [] [--] ["-] [~ 17.,8 statement? 4) Result in substantial change in the I ,=ent land use of the site or that of I~ [~] [~] 1~] [~ 7,12 [ adjoining properties? [ 5) Disrupt or divide the physical I configuration of an established neighborhood? lB) GEOLOGIC/SEISMIC HAZARD 1) Be located in an area which has potential for major geologic hazax'd? [] [~ [--] [~ [--] 2,14 2) Be located on or adjacent to a known earthquake fault7 ['~ [~] [~ [~] [--1 2,14 Zone.* 2 4) Be located in an area of soil instability (subsidence, landslide, {~ [~ [~ ~] [---] shrink/swell, soil creep or severe 2.5, ~ 0 erosions)? ~) Cause substantial erosion or .ua, onofawatercou e? D [] [] [] 2.5.10 displacement, compaction or n overcovering of soil either on-site or off* i site : 7) Cause substantial change in ~ feature? 10,39 8) Involve construction ofabuilding, road or septic system on a slope of 10% or greater?. C) RESOURCES/PARI~ I) ,ncreasc the existing removal ratc. or ~-~ [---] [--] ~] [--] 5.10 result in the removal of a natural rcsourcc for commercial purposes (including items such as rock. sand. gravel, trees, minerals or top-soil)? R. ult,n the su .al depletio any non-renewable natural resource? 3) Convert prime agricultural land [-~ [7-] [-~ [~] [--] 5.39 (Class ! or II soils) to non-agricultural usc or impair the agricultural productivity of ' nearby prime agricultural land? , 4) Involve lands cun'cnt,¥ protected [-~ [--] ~ ~ ~. $,23 i under the Williamson Act or any Open Space casement? IMPACT YES WILL THE PROJECT:.. Not Significant Significant Cumulative SOURCE Significanl (Mitigation (No NO Proposed) Mitigation Proposed) 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) Rest~lt in a septic field being performance limitations? 2) Result in a septic field being located within 50 feet of a drainage swale 36,39,42 or withi. ~00 feet of my we~l, w~tef r~ [] D r~ [] coursc or watcr body? 3) Result in extension of a sewer main .inc with capacity to serve new [~ [~ G G [] ,9, 20. 40 development? 4)Substantially degrade surface or groundwater quality, or the public water 20,36,37 supply, including but not limited to [~ [~ [~] [-~ [~] typical stormwater polluntant~ (e.g. sediment from construction, hydrocarbons and metals from vehicle use, nutrients and pesticides from landscaping maintenance, metals and acidity from mining operations)? 5)Be located in an area of water supply 22 concem~su~h~,o~fireflows~? [] [] r-1 [] r-I waters through infiltration of reclaimed water or storm water runoffthat has contacted pollutants from urban, industrial or agricultural activities? '/)Require a NPDES permit for 20 :res or more?]? E) DRAINAGE/FLOODING 1) Intcrfcre substantially with ground 20,36 2) Substantially change the direction, rate ot flow or quantity of ground- additions or withdrawals, or excavations? 3)Change the absorption rates, drainage runoff or wetland? 4) Involve a natural drainage channel alter thc locations, course or flow of its waters? . ' - 5) Be located ina floodway or r-~ ~ ~ r-] ~ 38 floodplain area? F) FLORA AND FAUNA t) Significantly affect fish, wildlife, reptiles or plant life by changing the ~ [-'] ' ~] G ['--] 5 diversity or numbers of existing species, or by introducing new species, or by restricting migration or movement? 2) Substantially reduce the habitat area C IMPACT YES 'gILL THE PROJECT... Not Significant Significant2umulative SOURCE Significant (Mitigation (No NO Proposed) Mitigation Proposed) 3) Change thc existing habitat food source or nesting place for a rare or [] E~ E~] E~]' 0 5,10 endangered species of plant or animal? 4) Involve cutting, removal of specimen scale trees, whether indigenous F~ [~ [~ F'~ F'"q 11.12,41 to the site or introduced? G) TRANSPORTATION 1) Cause an increase in tragic which is substantial in relation to the existing trafiqc load and capacity of the street E~] [~ r~ 4,20,35 system? 2) Cause any public or private street intersection to fimction below Level of 4.20 3) Increase traffic hazards to ;destrians, bicyclists and vehicles? 4) ,Adversely Lff¢ct access to [~ [~ ~ 0 0 20~35 commercial establishments, public buildings, schools, parks or other [] r-] [] E~ E~] 4.10 pedestrian oriented activity areas? 5) Cause a reduction in public anspo.ation se ce atorn=the I project site? . 6) Increase demand upon existing arking facilities, or engender demand for F~ O [--] [~ [~ 15,16 new parking space? 7) Inhibit use of alternative modes of usage? H) HOUSING 1) Reduce the supply of affordable ~placemcnt of persom fi'om their ~Jrescnt home? 2) Increase the cost of housing in th,' 3, 16 area, or substantially change thc variety [] ["-] [-"] ['-'] .F-] of housing types found in thc community? 3) Create, ½ubstantial demand for new [] 1--] F--] ['--] [--] 3. '6.47 housing? APO ! ) ,nvoIve the application, use. [] 0 [] 0 F-~ 32.40.42.43 disposal or manufacture of potentially hazardous materials? [] F--~ 0 ~ 0 32.43 2) Involve risk of explosion or other forms of uncontrolled release of hazardous substances? 3) ,nvolve the removal or continued ~] ~ F'--I 0 0 33.42.43 use Or, any existing. Or installation of any new underground chemical or fucl storage tank? danger? $) Employ technology which could event of a breakdown? WILL THE PROJECT'... SouRcE Not Significant Significant Cumulati:ve Significant (Mitigation (No NO Proposed) Mitigation Proposed) 6) Provide breeding grounds for J) AIR QUALITY .C=teohject~onab,eodors? [] [] [] [Z] lq .0.4, 2) Violate any ambient air quality existing or projected air quality violation, or expose sensitive receptors to substantial concentrations of pollutants? K) NOISE · l) Increase substantially the ambient noisecnvironmentoftheprojectvicinity during construction of the project? 2) Result in sustained increase in ambient noise levels in the project ~-~ ~] [--q [~ ~'] 8,18 vicinity following construction of the project 3) Result in sustained noise levels beyond thc thresholds of sound energy ~] [~] [---] ~'1 [--] 8.18 and duration limits contained in the C!ty's Noise Ordinance? L) AESTHETICS 1) Be at variance with applicable 2) Create an aesthetically offensive site open to pub,it view: [] 3) Visually intrude upon an area of natural scenic qualities, [] ['--] ~ [~] [~ 5.9 4~ Obs~ctview ora s=nic r,dgeline visible from the valley floor? 5) Obstruct views of the city's adjacent [~ [---] r'-q ["-] [-"q hillsides from residential areas or public 10, lands? 6) Adversely affect the architectural character o f an establish neighborhood or[] [] {---} ['"-} business district? l.I 7,19 lighting sources upon adjacent properties I .I 6 or public roadways? M) ENERGY ! ) Involve the use of unusually large quantities of fossil fuels or non- renewable ener~ sources? 2) Remove vegetation providing summer shade or wind-breaks to an [--~ ...[~ ~] [~ [~] 11,19 existing or proposed building? 3) Significantly reduce solar access to an adjacent building, public recreation ~ ["-} [-"] ['--'} [--'] 11.19 space or private yard? N) HISTORICALJ ARCHAEOLOGICAL ,) ~e,ocated in an area of potential archaeological or paleontological resources? C r~- IMPACT YES WILL THE PROJECT... Not Significant 5ignificanCumulative Sou'aCE Significant (Mitigation No NO Proposed) vlitigation Proposedl 2) Affect advemely a property of historic 1, 10.4 of cu,= ,i , c ce to commun, , ~xc~pt ~ pm of a scientific study? O) PUBLIC SER~CES AND ~IL~IES 1) Produce solid w~t~ in subs~ti~ · e location, dis~ibution, or densi~ of · ~ hum~ population of~ 3) Ca~e subs~tial impact upon, 'rede ~e need for: d) P~Recreation Facilities? ~ ~ ~ ~ ~ 5, 17, 19, 21 e) Maintenmce of Public Facilities? ~ ~ ~ ~ ~ 19~0,21 4) Ca~e subst~tial impact upon existing utilities or infr~ucmre in ~e following categories: a) Elec~ici~? ~ ~ 31 d) Sewage ~ea~ent md dispose? ~~ ~ ~ ~ 20~8 e) Sto~ water m~ag~ment?~ ~ ~ ~ ~ 36~8 5) Generate dem~d for ~e of~y public facili~ which ca.es ~ facili~ ~ ~ ~ ~ ~ 19,20,22,28,~ I tO r~ach or exceed MANDATORY FEhrD~GS OF SIGNIFICANCE (T~Be Completed by City Staff) WILL THE PROJECT... Have the potential to substantially decade 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 environmental impacts which are 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 true 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. 1 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 Signature ./~.Y]./q,~,~ d~-,~-'~ Print Preparer's Name '[~{ I~L::: ENVIRONM~NTAL EVALUATION (To be Completed by City Staff) IMPACT AREAS: [] Land Use/General Plan [] [] Sewage/Water Quality [] [] Historical/Archaeological [] [] Public Services/Utilities [] STAFF EVALUATION Geologic/Seismic Hazard [] Resources/Parks Drainage/Flooding [] Flora & Fauna Health & Safety [] Air Quality Energy ~ Aesthetics [] Housing [] Transportation [] Noise On the basis of this Initial Study, the Environmental Review Committee (ERC) Finds: t'hat the proposed project COULD NOT have a significant effect on the environment, and recommends that a NEGATIVE DECLARATION be granted. 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. iThat the proposed MAY have a sig"aificant effect on the environment and recommends that an Select One ;NVIRONMENTqI~ IMPACT REPORT be prepared. Staff Evaluator ~J, ~]~a g/planning/int~tdy4.do¢ COLLEG VILLA 10060 S. STELLING ROAD CUPERTINO, CA DRAWING 1.0 TITLE SHEET 2.0 SITE PLAN 3.0 l ST FLOOR TYPE A PLAN 4-.0 2ND FLOOR TYPE A PLAN 5.0 FLOOR TYPE B PLANS 6.0 TYPE A ELEVATIONS 7.0 TYPE B ELEVATIONS 6.0 VICINITY MAP AND SECTION 9.0 LANDSCAPE PLAN 10.0 GRADING PLAN 11.0 TENrATIVE MAP INDEX PRCJECT DATA PROPOSED PROJECT: 6 UNITS TOWNHOUSES 10060 $. STELLING ROAD, CUPERTINO, CA. EXISIFNG : SINGLE FAMILY DEWLLING PROPOSED: MULTI-FAMILY DWELLING NET: ;:.3, I 79 SF GROSS: 30,467 SF DWELIJNG UNll'S : 8 DENSI~' PER GROSS ACRE : 11 UNIT/AC LOT COVER~c*E (PERCENTAGE) : 8,508 SF (56.7'~) PAVING AREA: (PERCENFAGE) : 5,,348 SF (25.1%) LANDSCAPE AREA : (PERCENTAGE) : 9.,325 SF (40.2%) FLOOR AREA RATIO (FAR) : BUILDING HEIGHT : PARKING : 2 CAR GARAGE 16 OPEN PARKING 8 DRIVEWAY APRON PARKING 10 TOTAL 54 15,814 SF (68%) 25'-5" (MAX) VICINITY MAP N.T.S N.T.S BOULEVARD PARCEL MAP ~ STEVENS CREEK--- 02-02' 2OOO 10/13/99 1.0 OPEN SPACE .... 118.5' 1ST PROPOSED 4-UNIT (2 STORY) TOWN HOUSES (1,512 S.F. FOR TYPE A 1 (1,643 S.F. FOR TYPE A 2,3) PROPOSED (2) PAIR TOWNHOUSE (2 STORY) (1,508 S.F. EACH) -- PRIVATE OPEN SPACE PLAN "A" 17'-0" 143.5' 20'-0' PLAN "B'~ 15'-0" 15'.- 0" · PLAN "B" 18'-0" 1 ) 19'-6" STAMP C[]NC, 1ST FL, SET BACK 282' TRANSFORMER 2ND FL, SET BACK -~--- EXIST'G WOOD FENCE PROPOSED SITE PLAN N 1 "--20'-0" FL S,B. 20'-6" W/ .I V 02-O2' 2000 2.0 92,-0· 83' 18'-6' 10' -6' ~3'-0' 23'-0' I0' 6' LIV'G LIV'G LIV'G DIN'G G~A~ GA~AGI~ DIN'G DIN'G IST FLQOI:;' PLAN OF: TYPE "A" i/8,,=1,_O,, P~OJP_.CT DATA, TYPE A .I,4 1ST FLD : 622 SI=:. 2ND FL2 : 890 SF. GARAGE : 4::58 SF. TOTAL, 1,970 SI=. LIV'G DIN'(; TYPE A 2,3.. I ST FLI:;':622 SF, 2ND FL~, IO22 SF. GARAGE: 458 SF. TOTAL, 2,1OI SF. 02-0? MC 3.0 ~3'-0' II I 23'-0' T 80'-0' T MA~TE~ MASTE~ .~ASTE3~ ~ OI ~r_O2 10'-0' ~3 I0'-0' ~O 2 lO'-Fo' 8~0 2 I~'~ 6' 10'-6' ~O 2 lO'-O' 1 F--F~ 2ND FLOOR PLAN OF TYPE "A" i/8,,=1,_0,, 02-07 2000 4.0 14'--3' 10'-6' 14'-3' LIV'G LIV'G DIN'(; DIN'O KIT IST F:LOOI~ PLAN OF: TYPE I/8":1'-O" 43'-6' E~D2 11'-3' 10'-6' 21'-9' MA~r~ ~D2 I0'-6' 11'-3' PI~OJIECT DATA: IST FL~ : 637 SF. 2ND F:L~ : 863 SF. GAI~AGIE : 400 TOTAL: 1,9OO SF. 2ND FLOOR PLAN OF: TYPE "B" I/8,,=1,_0,, 02 02' 2000 5.0 ~nnnnnnnnn ~NB FL tST FL, · I I I I I I I I I I ELEVATION OF TYPE "A" LEFT SIDE ELEVATION OF TYPE "A" I/8'-I'-0' RIGMT SIDE ELEVATION OF TYPE i/8'-i'-0' 02102/2000 6.0 F::I~ONT ELEVATION OF: TYPE "B" i/8"=1'-O- ELEVATION OF TYPE "B" i/8-=1'..O- I~IGPtT ,SIDE ELEVATION OF TYPE "B" i/8'=1'-O' LEFT ,SIDE ELEVATION OF TYPE "El" 1/8'-I'-0" o~ 0'2" ~ooo 7.0 S. STELLING EXLTrlNG BUILDING PROPOSED ~ N ~ VICINITY MAP 1"= 40'-0" 02 02' 2000 8.0 STREET DEDICAI~ON PLAN]- LECEND 'CHEROKEE' '~ 01EGO RED" ~ ~ pE~CGNIUM PELTATUM ~ ~ T~HELOSPERMU, CRAPE MYRTLE ORANGE 0A'rtJLY SIZE GUANFITYTYPE 24' BOX 2 TREE 24." BOX8 TREE 2~." BOX8 TREE S GAL. .t~ SHRUB S ~L. 9 SHRUB 5 ~ 17 5 ~ 23 SHRUB 1 ~. 66 SHRUB 1 ~. 55 SHRUB 1 ~. 2¢ SHRUB 5 ~. 5 ~NE ~' P~ 8' O.C.CROUNO F~TS 10' G.C, G~UND F~ lO" D.C. C~R HYDRO-SEEDING 6' HT, WOO0 FENCe- RIVEWAY HT. WOOl) ~ PLAN "B" ~ PLAN "B" DRIVEWAY . (~) ALLAN CYPERS CYPERS NOTE: AUTOMATIC IRRIGATION SYSTEM SHALL BE INSTALL. IN ALL PLANTING AREAS. CONCEPTUAL LANDSCAPE PLAN N HT. WOOD 1"=20'-0" "A' IILLOW 02. O2' 2000 9.0 I I I I II I]~.,; II Iz~+'~j ~ ~1 j II 1. SLOP~ OF 2% OR GR~ AWAY FRObl TH~ FOUNI}KIION SHALL B~ I I I I j I1~]'"1j ~ ~ ~1' ~j I I MAI~AIN ALONG THE ~RE PERIM~ER FOR A DISTANCE OF j FEET I t ~i~)I~ I~~ -- .... i FF~ ........ ~ I 2~ 0 ~ ~ o ~ z..'l I 4. FINAL SURFACE DRAINAGE GRADI~ SHALL BE PLANNED AND BUILT SO ' ' ' ' + ' ' ' I , ~ I TO DIRE~ WA~R AWAY FROM ~E BUILDINGS AND FOUNDA'~ONS. ;~, J '~, . ,.~ . ,~ .... ~ ...... ~tO~ D~4/N ?~Er 0 Ce~ ~LE~4 r~ /~2. '3 ............. ORAUN: CAD DATE: ' 1 __ CD n-' Z 9 SCALE 1"=20' z VIClNIW MAP NOTES: OWNER AND DEVELOPER: pACIFIC RIM F~NANCIAL CORP. STANLEY WANG 2150 CALIFORNIA ~ MOUNTAIN vIEW. CA, 94040 TEl,. 650/935-18~ ENGINEER: WE~ITALL ENGINEERS, INC, 14583 RIO EASIN WAY SARATOGA. CA. TEL. ~67-0244 MAP PREPARED - FERRUARY 2000 ELEVATIONS WI[RE DETERA4IN~D BY A FIELD SURVEY DEVELOPMENT CONSISTS OF 8 TowNI-IOMES EXqSTING USE - RESIDENTIAL OAS AND ELECTRIC - PACIFIC GAS AND ELECTRIC CO. WATER - SAN J~E WATER CO. SANITARY SEWER - CUPERTINO SANITARY DISTRICT CABLE TV. AT&T ASSESSOR'S PARCEL NUMBERS - 359-7-3,4,15 AREA - 0,54 ACRES WESTFALL ENGINEERS,INC. TENTAT!VE HAP COLLEGE VILLA 10060 $. STELLINO ROAD, CUPERT!NO JOl~ NO. CITY OF CU PEP. kTINO Parks and Recreation Department Summary Agenda Item Number /~' Agenda Date March 6, 2000 SUBJECT AND ISSUE Consider the installation of a pedestrian access at Kennedy Middle School along Hyannisport Drive. BACKGROUND In April of 1991, the City of Cupertino entered into a long-term agreement with Cupertino Union School District to improve and mainta, in eight school sites within the city. In January of 1992, several neighborhood meetings were ¢0rlducted at Kennedy Middle School to prepare a master plan for renovation of the sports fields. (}ne of the most significant concerns expressed by the residents living on Hyannisport Drive was the traffic and parking impacts related to all of the activities conducted at the school including sports programs. A pedestrian access gate had existed on the northwest corner of the Kennedy site and, in response to neighbor's concerns, the planning committee agreed to eliminate the access gate, thereby encouraging field users to park in the school parking lot. Additionally, youth sports organizations directed their participants to not park on the north side of Hyannisport Drive in deference to the neighbors. In the Fall of 1998, the residents on Hyannisport Drive petitioned City Council to implement the permit parking .system because they are also impacted by Monta Vista High School students parking in front of their homes, creating Iitter, driveway blockage, and noise. In order to park in front of the homes on Hyannisport, parking permits issued to homeowners must be displayed. Now that parking conditions have changed, representatives of Cupertino National Little League are requ. esting that the pedestrian gate on Hyannisport be reinstalled. A copy of their request is attached (Attachment # 1). At their regular meeting last October, the Parks and Recreation Commission received public comment on a request to install a pedestrian access opening at Kennedy Middle School sports fields. Proponents of the access, including sports field users and parents of Kennedy students, submitted a petition of over 300 names supporting the request (Attachment #2). Residents living on Hyannisport Drive strongly objected to providing an opening. The commission elected not to make a recommendation that evening, but rather, by consensus indicated that an opening along Hyannisport Drive would be desirable. However, before making a final determination, the commission asked that an ad hoc committee investigate the feasibility of such an opening and report back to the commission. Printed on Recycled Paper An ad hoc committee comprised of staff, adjacent neighbors, school representatives and youth sports groups reviewed opportunities for an opening along Hyannisport Drive (a copy of the committee roster is attached for your information, Attachment #3). The first ~meeting of the committee identified all of the concerns of the interested parties. Based upon those concerns, two alternatives were developed which attempted to address the majority of concerns. Both options are enclosed for your consideration (Attachment #4). January 19, 2000, the ad hoc committee met to review the two options and unanimously elected to recommend Option A to the commission. They felt that this location provided the greatest benefit with the least negative impacts. At their regular meeting of February 3, 2000, the CommissiOn reviewed the recommendation of the ad hoc committee. Since the committee only dealt with possible location of an opening, and did not address the fundamental question of whether or not the opening should exist, the commission once again took public testimony regarding the pros and cons of providing an access point. The residents living on Wilkinson Drive submitted a petition (Attachment #5) asking that the opening not be installed in the recommended location due to vehicle/pedestrian safety concerns and parking impacts. The residents living on Ft. Baker Drive expressed concerns that the installation of an opening would recreate a serious nuisance similar to that at Monta Vista High School adjacent to the recommended site. Letters from a resident on Ft. Baker are enclosed (Attachment #6) for council's review. On the other hand, proponents of the pedestrian access continued to speak to the benefits of improved pedestrian safety and user convenience. Following public comment, the Parks and Recreation Commission voted unanimously to recommend to City Council the installation of a pedestrian access opening as described in Option A. The opening would not be locked and it's use would be subject to review after six months. STAFF RECOMMENDATION If Council elects to install a pedestrian access point to the sports fields of Kennedy Middle School, staff recommends the plan described in Option A. SUBMITTED BY Stephen ~3. Dowling / Director of Parks and Recre a(ion City Manager 7OR~B_~IISSION TO CITY COUNCIL Enclosures: Attachment # 1: Cupertino National Little League Letter of dated July 21, 1999 Attachment #2: Petition from Residents dated August 20, 1999 Attachment #3: Ad hoc Committee Roster Attachment #4: Option A and Option B Attachment #5: Petition from Residents disapproving Pedestrian Access Attachment #6: Letters dated 2/9/2000 and Feb. 19, 2000 from Shirley Pisano Attachment #1 ~x~' ' · Dear Parks and Recreation Commission: We are writing to request that the Kennedy Junior High access gate located along Hyannisport Drive be reopened. Numerous community sporting events are conducted at Kennedy and to restrict access to community fields at a facility already plagued with limited parking and minimal ingress and egress seems foolish. Why is this gate locked? According to neighborhood folklore, the neighbors along Hyannisport expressed concern over the parking problems created in front of their homes as a result of the tremendous use this facility sees. As a result, the gate was locked and no parking signs posted along the residcmial side of Hyannsiport. Shortly thereafter, parking citations followed for those who did not get the message. Were there any other reasons for locking this gate? We understand that approximately nine months have passed since the parking signs were up. Parents who have children participating in sporting activities know the rules and do not park on the residential side of the street. However, we continue to face several challenges at Kennedy, which could be relieved by re-opening the gate in question. · Emergency access to the upper fields can be accomplished only by using bolt cutters (time consuming at best assuming available) or by entering on the lower field, driving up a ramp to the track and then across to the Hyannisport fields. How would the city of Cupertino explain such a delay in the case ora serious accident? We have been fortunate to date. · Pedestrian access to the.upper fields is no longer available fi.om the neighborhoods to the north. As parents of children walking to and from school we would far prefer that they walk across the school grounds to the edge of the property rather than brave their way through parking lots filled with temporary trailers, construction equipment and moving cars. · Soccer and baseball games combined with Chinese school have brought weekend traffic congestion to an all time high. Parents drop their children along Hyannisport only to have them climb a fence to get to their ball field. Not the best idea, we agree, but preferable to dodging moving cars in an over crowded parking lot. · It's plain inconvenient and a struggle for coaches to carry equipment and parents to carry ice chests, etc. from as far away as Bubb Road simply because a gate is locked. Bottom-line....the reason for locking the gate was parking problems. These have been resolved and the gate should be re-opened. If there are other concerns regarding re- opening the Hyannispon gate we would greatly appreciate hearing them but at the very least it is time to re-open the conversation. Thank you very much. The undersigned Parents of children blessed to play ball in Cupertino - Attachment #2 August 20,1999 Dear Parks and Recreation Commission: We are writing to request that the Kennedy Junior High access gate located along Hyannisport Drive be reopened. Numerous community sporting events are conducted at Kennedy and to restrict access to community fields at a facility already plagued with limited parking and minimal ingress and egress seems foolish. Why is this gate locked? According to neighborhood folklore, the neighbors along Hyannisport expressed concern over the parking problems ercated in front of their homes as a result of the tremendous use this facility sees. As a result, the gate was locked and no parking signs posted along the residential side of Hyannsiport. Shortly thereat~er, parking citations followed for those who did not get the message. Were there any other reasons for locking this gate? We understand that approximately nine months have passed since the parking signs went up. Parents who have children participating in sporting activities know the rules and do not park on the residential side of the street. However, we continue to face several challenges at Kennedy, which could be relieved by re-opening the gate in question. · Emergency access to the upper fields can be accomplished only by using bolt cutters (time consuming at best assuming available) or by entering on the lower field, driving up a ramp to the track and then across to the Hyannisport fields. How would the city of Cupertino explain such a delay in the case of a serious accident? We have been fortunate to date. · Pedestrian access to the upper fields is no longer available from the neighborhoods to the north. As parents of children walking to and from school we would far prefer that they walk across the school grounds to the edge of the property rather than brave their way through parking lots filled with temporary trailers, construction equipment and moving ears. · Soccer and baseball games combined with Chinese school have brought weekend traffic congestion to an all time high. Parents drop their children along Hyannisport only to have them climb a fence to get to their ball field. Not the best idea, we agree, but preferable to dodging moving cars in an over crowded parking lot. · It's plain inconvenient and a struggle for coaches to cany equipment and parents to carry ice chests, etc. from as far away as Bubb Road simply because a gate is locked. Bottom-line .... the reason for locking the gate was parking problems. This has been resolved and the gate should be re-opened. Thank you very much. We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields fi.om Hyannispon Drive be reopened: Name Address Phone Address Phone Name ) Address Phone Address Address 'Name Name Phone Phone Name Address /d/ Phone Addr~s / - ' ' // ~ ·~:--:~ ~ _~'. 12 ~-~: Address Phone Address Phone Name Address Phone Name Address Phone We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name Address Phone Address Phone Pr: Name Address Phone Address t ,v Phone Address Phone .i, ddress Phone Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone __ _ ~8-.~ c/ro /4,,~ C~,~,~J,',,o ~- /531 Name Address ~ Phone Name/ Address Name Address Phone Phone Nam~"' /Address Phone Address Phone Name Address Name Address Phone Phone Name Address Address Phone Phone 16-7 Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name Address Phone Name Address Phone NannY' ~ ASdre~ss - Phone Address Phone Address Phone Address - Addressv- Name Ad&ess '$k,ar ed. er m ier' Address Name Phone Phone ¢ ,y,'g,,4 i ,,, o Phone Phone lb We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone ame/ Address Phone Name | Address Phone Name Address Phone Name Address Phone Name Address / Phone Name Address Phone Name Address Phone Address Phone Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Address Phone Name Address Phone Name ' Address C_ ~ Phone Name Address Phone Name Address Phone Name Address Name Address Phone Phone . Name ~dress Phone Name Address Phone Address Phone We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: ~Name Address Phone Address Phone Address .., ;.., Phone N~e OrAddress Phone Address Phone ' ! Name Address . Namg_' Address Nme Address Phone Phone Phone lb -I/ We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Address Name Address Phone Phone Address Phone Name Address Address Phone Name Name ,237-Y7 Phone Phone Address Name Address Phone Name Address Name Address Phone Phone Phone Name Address We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Address ff~/ ~ ' Phone Name ,o Address Phone Name Address Phone Address Phone Address Name Address Phone Address Name '~ Address Phone Phone N~e U Address Phone '7 Y 7/ 6 N~me Address Phone We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address V'-~7 - LjZ~7 Phone Name Addres~v Phone Name Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address Phone Name Addr&s Phone Address Phone We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Ad&ess Phone Address Phone Address Phone Name Address Phone ,me Address Name Address Phone Phone Name Address Phone Name Address Phone Name Address Phone Ilq/ ~ ~' N~e Ad.ess Phone N~e ~-' Ad~ess .... ~ ~ ~ Phon We, the undersigned parems of children blessed to play ball in Cupertino, hereby request / .....at e pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name '/ Address J t/ Phone Name Phone Phone Address / - -- Phone Name Address Phone Phone Phone Phone Phone Phone Phone Nam, e A Address /' ~ame /' t Address Name Address , .~ ] Address Name Address We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name / ~ Ir Address r Phone Address Phone Address Phone Name ~ame - ' Address Address Address Phone Phone Address Phone Address 'il, Address ! Phone Address Phone /0-/7 We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name Name Address Address Phone Phone Name Address Phone Name Name Address Address Address Phone Phone Phone Name Address Phone Name Address "'~ / Address Phone Phone lb -t3 oo o We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannispon Drive be reopened: Name Address Phone Name N~e Address Phone Address Phone Name Address Name )' Address Phone Phone Name / Address Name Address Name Address Phone T Address ' 0 - / Phone Address Phone Phone Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyarmisport Drive be reopened: Name Address Phone Name Address Phone Address Phone Name Address Phone Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: }~- ~/4. :'~ ,, .... ~ --- .. ~,~ ~ _-. . Name Address Phone Name Address t Phone l~ame Address Phone Name Address Phone Name Address Phone Phone Name Name Address 1.3 --,'o/: Phone Address Phone Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name ,r Address Phone 'N'a'me ..... Address ' - - Phone Name Address Address Address Phone Phone Phone Phone /! Address · - Ad~lress ' Phone Phone Name Address 3q3, -13:2/ Phone We, the undersigned pa~ents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Address Address Phone Phone Address Phone Phone Name / N~rn~ Address Address Name ~ Address Name Address Phone Phone Phone Name Address Phone Name Address Phone -Name Address J Phone We, thc undersigned parems ofch/ldren blessed to play ball in Cupemno, herel~y re~ucs~ :.~e pedestrian access to the Kemnedy fields from Hyannisport Drive be reopened: Name Address Phone Name Address Phone Name Address Phone Name Address Phone Phone Name Phone Name Name Address / Phone Phone Name Address Phone We., thc undersigned percnts of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Address Phone Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address - TY Phone Name Aadress v ? ~' "~ ~ ' Phone -~Name J Address Phone Phone Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: N~m~ Address Phone N[me Addrless -- - I Phon~- Name Address Phone Name Address Phone Name Address Phone Name Address Phone Name Address l~hofi~ Phone Address Phone Name d v Address Phone We, the undersigned parems of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name Address t x ·y - ~ P/none Address Phone Name 1/ (/ Address Phone Name Address Phone Name -Address Phone Name O r~ Address Name U Address Phone Phone Name -.a Address Phone Name J - Adciress '--- Phone Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Address Phone Name Address {'/ Phone Name Name Name Address Address Phone ~ "¥hone Phone Phone Name Address Phone I Address Name Address Phone Phone We. the undersigned parents of children blessed to play ball in Cupertino. hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name Address Phone Address Phone .2.0 I1oo vc~t, Name Address Phone Name Address Phone ~,_ . a, n ~--__ . ' ~, ~ Name Address vv~.ar x. ~ .p~e~l Name (~ -- - Ad.ess - ~ Phone N~8 ~ - ' Address h Address Name Address Phone Phone Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Nam~ Addr~ Phone Name (~ Address Phone Name Address Phone Name Address Phone Name Address Phone nam~ I'-/ Address Phone Name Address / Phone Address Phone Name Address Phone 16-3/ Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Namej/ .:. Address'-/ Phone Name Address ~'J ' "') Phone Name Address .J _-. /~, ~,__ Phone Address Phone ,~Name Address Phone Name Address < Name Address Phone Phone Phone Name Address Phone Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Phone Name Address Phone Name Address Phone Address Phone ~ame ~ .~/' ~t~ress Name Address Phone Phone ~-~ ~o~r Address ~3 Name Phone Name Address Phone Address Phone Name Address Phone We, the undersigned parents of children blessed to play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address f , / Name ,-~ Address lqame/ - -/ ' -- Address Name ~ ~' Address Phone Phone / d~' ~ Phone Phone Name Address Phone Name Address Phone Name Address N~m-e' I .... Address ~'--' -'' --1 2.4T- Phone Phone~ Address Phone N~e Address Phone We, the undersigned parems of children blessed to Play ball in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyannisport Drive be reopened: Name Address Name Address Phone Phone ~l~me' Address Phone Name' Address Address Phone Phone Sanle Address Phone Name Name Address Phone Address Phone 25-5-.bt 0 Address Phone Address Phone We, thc undersigned parents of children blessed to play bail in Cupertino, hereby request that the pedestrian access to the Kennedy fields from Hyann/sport Drive be reopened: Name ' Address / ~ Phone 77o Phone Phone Phone Phone Phone Name Address Phone Name Address Phone J AddressJ Attachment #3 Kennedy Middle School Pedestrian Gate Ad Hoc Committee ROSTER Principal Kennedy Middle School VAN ADAMS 821 Bubb Road Cupertino, CA 95014 253-1525 (Bus.) Recreation Coordinator KIM FREY 10185 N. Stelling Rd. Cupertino, CA 95014 777-3120 (Bus.) Resident JOHN LEE 8175 Hyannisport Drive Cupertino, CA 95014 255-0395 (Home) Traffic Engineer RAY CHONG 10300 Torre Avenue Cupertino, CA 95014 777-3354 (Bus.) Resident CATHY GATLEY 11510 Well Spring Court Cupertino, CA 95014 446-3423 (Home) Resident ROBERT LEVY 10802 Wilkinson Ave. Cupertino, CA 95014 725-0275 (Home) Director, Facility Modernization CUSD CHUCK CORR 10301 Vista Drive Cupertino, CA 95014 252-3000 (Bus.) Director of Parks and Recreation STEVE DOWLING 10300 Torre Avenue Cupertino, CA 95014 777-3110 (Bus.) President, Cupertino Nat'l Little League DANA DRYSDALE 21767 Terrance Drive Cupertino, CA 95014 279-7977 (Bus.) Youth Sports Rep. CHRIS GATLEY 11510 Well Spring Court Cupertino, CA 95014 446-3423 (Home) Resident OLIVER KAO 8085 Hyannisport Drive Cupertino, CA 95014 255-6286 (Home) 544-1759 (Bus.) Resident VONNIE KOSOLCHARDEN 8157 Hyannisport Dr. Cupertino, CA 95014 257-8954 (Home) President of School Site Council KATHEE KRAKER 22115 Linda Vista Place Cupertino, CA 95014 973-0285 (Home) President AYSO Region 35 JOHN MUSKIVITCH 11687 Palm Spring Court Cupertino, CA 95014 650-691-6780 x25 (Bus.) 446-9136 (Home) Resident CARL WANKE 8165 Hyannisport Drive Cupertino, CA 95014 253-7741 (Home) 12/2/99 Attachment Kennedy Middle School Hyannisport Drive Fort Baker Drive Proposed Passen Loading Zone AcCess Ramp Option A PasSenger LOading Z Option B Attachment #5 We, the Kennedy neighborhood residents, disapprove of "the installation of a pedestrian access point to t~e~ Kennedy Middle School sports fields." Signature Address log IO//2- Phone Number 2 ~'~'---"-' ~o We, the Kennedy neighborhood residents, disapprove of "the installation of a pedestrian access point to the Kennedy Middle School sports fields." Signature Address (o~}75 Phone Number ~- ~/~/ ~-~7~7 ~7- 7~7~ Attachment #6 To the CUPERTINO PARKS AND RECERATION COMMITTEE: 2/09/2000 Regarding access for the field area at Kennedy Jr. High Steve Dowling, Staff person Tern Cook, Roger Ping. Edye Stein, Chairperson, Frank Jeiinch, Kris Wang: There were many points mentioned at the heating Thurs. Feb. 3, 2000. There were facts, data, feelings, opinions. The perspective of SAFETY and CONVENIENCE for entry and access seem the most emphasized. How the' STUDY' and survey was complete and the traffic impact NOT studied and considered is amazing and beyond me. I apologize for not having the name of the person that presented that report.. Years ago, the very similar argument was posed regarding Monta Vista. The residents and neighbors, us being among them, agreed to the access .... never in a million years did we foresee the mess and problems that have come of'it'. The man who studied the two proposals stated he was aware of the above mentioned situation and yet stated that the traffic impact had NOT been studied. As you know, there is a three slreet intersection, three stop signs, a cross walk and an island near the area being discussed and proposing access to that area of Kennedy. The Park and Rec committee seems to have the general attitude 'WE can not be responsible for parking, litter, crime, traffic and everything'.., only the park and ball field access. Two comments were very strange and seemed out of context. One a cheap shot, 'I know how you residents feel and your concerns'. Nonsense, any of you that embrace that, really do NOT have the living experience as a neighbor to know. The second is startling to me. I thought, along with a number of people, I was present and hearing the same pros and cons you were Mr. Frank lelinch. How did you hear from the several views that were expressed, then come up with,...'this park area is for everyone, not just the near by residents'. That point of view NEVER crossed my mind, not one person, with any view point expressed that the 'park' is just for near by residents. The enclosed pictures are taken at different times, varying conditions, of the access gate for Monta Vista or near that area~ Additionally it impacts the comer where younger children are supposed to be able to cross on their way to or from Lincoln Elementary. These represent the usual, not a now and then situation. Yes, changes come with growth and as years go by we, residents should expect changes. Possibly not a single one of you were in the community when Fort Baker was not cut through, when there were not stop signs at the comer of Hyannisport and Fort Baker, when there was not Monta Vista, when the access was meant to accommodate 'walking' to school from homes in the neighborhood. When 'we' as residents accepted the access gates it seemed reasonable. There were buses in those days for students who lived a distance away. The access gate was not presented as a drop off place, nor were we notified that it would be an un-safe area for students to get to either school. Drivers actually make the area VERY un-safe for their children as well as others. A sad state! [6," As citizens, everyone of us... . isn't it prudent and right that people note history and learn in regards to a community? Wouldn't 'it be wise to really notice at least some of the impact to an access? People want the convienance, then the opportunity is abused, not respected. Is it wise to make a similar mistake again ? especially within one block? ? No one that I know of wants the inconvenience for the walking students. These pictures show people, mostly adults, not biding traffic laws, being rude, not using even common sense, causing un-safe situations, and more than once each school day. The access is a privilege and should not be taken lightly, not abused. The night of 2/3 nothing really changed, it was pretty apparent that nothing that was said carried much weight, it was not a good use of time for any of you and certainly not for any one that was there that does care. No wonder people who really want to be part of their community do not participate. Who need to have a long busy day, take care of life, like each of you do as well, and then go to a meeting that made No difference at all, for the outcome and result that came of it? What is the use? Very SincerelY, Shirley M. Pisano 910 Fort Baker Dri4e Cupertino, 95014 408 253-1632 /tot Cuperlhlo City Council the matter o~' thc access opening at tile field area. KENNF_.DY .ill l-liGil Thc enclosed pictures cleariy represent on going situations in the area of thc 'back gate', access area Monta Vista. We stated earlier that when tile suggestion was made Lnany of uS thought it was a reasonable and good idea People seem to not rcspect thc convenience, many do NOT consider safely of the high school students or tile younger children who attend Lincoln Elementary. Thc Sign that states 'NO STOPPING f,)l~, PAI~.K1NG AT ANY TIME' wits installed a year or more ago. It is ibr a purpose, to avoid obstructing tile comer, the cross walk and ease traffic. SAFETY ! The pictures clearly show the lack of respect and actual law breaking. Please consider this situation as you again take a look at thc proposed access to Kennedy school, at thc park area, pretty much at tile corner of I-lyannispon and Fort Baker. Yes it would be convenient for some, the question is, just wl~at will the stopping il/that area do to traffic, thc flow of it, and possible other situations? ? ? As you wei[ know there is a three street intersection, a cross walk and al1 island in lhat area. Tile pictures arc enclosed to show how difficult the area near thc Monta Vista assess gate is. The proposed opening, tile traffic consideration and all the rest, within 1 block of where these pictures are taken is more than tile neighborhood should deal with. Amazingly enough pcoplc have on more than one occasion parked in our driveway, not just blocking assess, and gone for a walk. When I recently questioned a man about wily his wm was in tile driveway he said 'il is a nice day Ibr a shot! walk and I am just waiting for my son'. I reminded him it was privam property and he said, 'so what'! Being a neighbor to a school should not bring these particular problems with it We as citizens need to learn fi'om community situations and NOT repeat, or cause more situations that arc stressful and need not be, un-safe lbr our children and detrimental to the conmmnity, let alone extra 'stuff to deal with. Notice wc have not addressed students 'picnicking' on the lawn, tile debris and litter, crc. We have focused on the safety issue primarily. Thc second is thc rudeness, and inconvenience in getting out or coming into our own driveway. More than one home is effected by this mess. Many have spoken out anti have seemed to be ignored. Thanking you for your serious consideration in the matter of the access to Kennedy .Ir. High, as mentioned. Very Sincerely, _. vlncen! I~'lsa no '- 910 Fen Baker Drive Cupmino, Ca 95014 408 253-1632 CITY OF CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 77%3251 FAX (408) 777-3333 Community Development Department Housing Services SUMMARY into a partnqrship./wjt~e Cupertino APPR?~/~D"/JF~)R S~VIITTAL Steve Piasecki ,,o - -- Director of Community Development Agenda Item No. 17 (REVISED) Agenda Date: March 6, 2000 SUBJECT: Consider endorsement of Tri-County Apartment Association's (TCAA) "Moving in for Less" program and direct staff to send attached letter to Cupertino apartment owners inviting them to attend an informational meeting, scheduled for April 3, 2000, and participate in the program. DISCUSSION: On April 28, 1999, San Jose Mayor Ron Gonzalez and TCAA unveiled the Moving in for Less program. The goal of the program is to reduce security deposits for teachers allowing them to live in the community in which they are employed. Under the program guidelines, participating apartment complexes agree to require no more than 20% of the monthly rent as security deposits. TCAA is interested in expanding the program to other communities to better serve teachers throughout the tri-counties. Council members Richard Lowenthal and Sandra James approached both TCAA and city staff about expanding the program into Cupertino. If the Council votes to endorse the program, the city and TCAA staff will send the attached letter to Cupertino apartment complex owners inviting them to attend an informational meeting that will be scheduled for April 3, 2000. At the April 3, 2000 meeting, TCAA and the city will encourage the property owners to participate in the program. Property owners will also be invited to attend that evening's City Council meeting officially "kicking-off" the program in Cupertino. Cupertino Housing Committee: Staff forwarded the endorsement of the program to the Cupertino Housing Committee at their February 10, 2000 meeting. The committee agreed that housing programs for teachers are badly needed in Cupertino. The Moving in for Less program is appealing because it requires no cash infusion fi.om the city. RECOMMENDATION: The Chpertino Housing Committee recommends council endorse Tri-County Apartment Association's (TCAA) "Moving in for Less" program and direct staff to send the attached letter to Cupertino apartment owners inviting them to attend an informational meeting, scheduled for April 3, 2000, and participate in the program. The program will serve individuals up to 100% of median income. The city will also enter Chamber of Commerce to promote the program. / / Don'Brown 4~' City Manager Attachments: Draft letter to Cupertino apartment complex owners Background information on Moving in for Less program Printed on Recycled Pal~er CITY OF cuPePxT no City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department Housing Services March 7, 2000 Dear Cupertino rental property owner, At the March 6, 2000, City Council meeting the city council voted to endorse a new housing program for teachers. Under the Moving in for Less program guidelines, participating apartment complexes agree to require no more than 20% of the monthly rent as a security deposit from any teacher moving into the complex. The goal of the program is to make it more affordable for teachers to live in the communities in which they provide a valuable service. We would like to invite you to join other Cupertino apartment complexes in participating in this groundbreaking program. Please join the city of Cupertino, the Tri-County Apartment Association and the Cupertino Chamber of Commerce for an informational meeting on the Moving in for Less program. The meeting is scheduled for April 3, 2000, in the city of Cupertino council chambers. For more information or to RSVP please contact Vera Gil at (408)777-3251. CITY OF CUPERTINO John Statton Mayor, City of Cupertino TRI-COUNTY APARTMENT ASSOCIATION Ashlen Cherry Governmental Relations Director CUPERTINO CHAMBER OF COMMERCE. Linda Asbury Executive Director Printed on Recycled Paper CITY OF CUPE INO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department Housing Services March 7, 2000 Dear Cupertino rental property owner, At the March 6, 2000, City Council meeting the city council voted to endorse a new housing program for teachers. Under the Moving in for Less program guidelines, participating apartment complexes agree to require no more than 20% of the monthly rent as a security deposit from any teacher moving into the complex. The goal of the program is to make it more affordable for teachers to live in the communities in which they provide a valuable service. We would like to invite you to join other Cupertino apartment complexes in participating in this groundbreaking program. Please join the city of Cupertino, the Th-County Apartment Association and the Cupertino Chamber of Commerce for an informational meeting on the Moving in for Less program. The meeting is scheduled for April 3, 2000, in the city of Cupertino council chambers. For more information or to RSVP please contact Vera Gil at (408)777-3251. CITY OF CUPERTiNO Richard Lowenthal City Council Member TRI-COUNTY APARTMENT ASSOCIATION Ashlen Cherry Governmental Relations Director CUPERTINO CHAMBER OF COMMERCE Linda Asbury Executive Director Printed on Recycled Paper hnp://www.tcaa.org/TCAA, Tc aa.nst;....~nglnSecb'ProMov~ngln?OpenDocumc~t Moving in for Less Renter's Responsibilities ~ps for Renters Seeking Housing Resident Bill of Rights Apartment Locator Fair Housing Information Other Information and Links Industry Insider Moving in for Less View Properties I Search Properties Moving in For Less The Tri-County Apartment Association is proud to join Mayor Ron Gonzales, and the City of San Jose, in helping teachers to be able to live' and work in San Jose. Given our high housing prices, the cost of moving into rental housing can be a factor in determining whether a teacher accepts a job in the area or not. California law allows for security deposits in rental housing of up to 200% the monthly rent in unfurnished apartments, and 300% the monthly rent furnished apartments. In recognition of the tremendous value teachers provide to our community, and that teachers are stable, responsible rental residents, the companies and properties listed below have agreed to require no more than 20% of the monthly rent as a security deposit from qualified teachers. Qualifications This offer is valid for classroom teachers in public or private schools. This will be verified by a pay-stub and telephone call to the district office or copy of a valid teaching contract. The total household income must be equal to the following amounts, or less (80% of the median income): · $46,240 or 1 person; · $52,880 for 2 persons; · 59,480 for 3 persons; · $66,080 for 4 persons. The household must meet the property's regular income and credit qualifying standards. Participating Properties The Moving in for Less Program, unveiled on April 28, 1999 by Mayor Ron Gonzales. Please visit this site regularly for the most updated rental housing information and a current list of participating properties. To list your rental property on this site, please e-mail us. View Properties I Search Properties [Movin9 in for Less I Renters Responsibilities I Tips for Renters Seeking Housing I Resident Bill of Rights I Apartment Locator Fair Housing Intormation I Other Information and Links Copyright © TCAA I of 1 3/2/00 9:30 AM http://w?.w.tcaa.org;TCAA,,Tcaa.nsI~ RP~Mov~ngino~s'!Openlorm~count=SUO Moving in for Less Renter's Responsibilities Tips for Renters Seeking Housing Resident Bill of Rights Apartment Locator Fair Housing Information Other Information and Links Industry Insider Moving in for Less Properties By City Search Properties ~" Campbell Coffee Tree ~ Cupertino Cupertino CiW Center Cupertino Park Center Lake Bitmore The Hamptons at Cupertino Villa Serra ""Foster City Foster' s Landing * Fremont Red Haxvk Ranch ~" Menlo Park Garden Oaks Apartments Sharon Green ~' Mountain View Heatherstone Park Place The Villa Monte ~' Realtor Companies Advanced Properties, Inc. Cambridge Management Company Irvine Apartment Management Company Legacy Panners Prodesse Property Group Seaboard Management Company Station 101 Ventana Property Services, Inc. Yamaoka Associates, Inc. San Jose 1 of 3 3/2/00 9:34 AM http://www.tcaa.org?I'CAA Tcaa.ns/Z'RRMovmgh~d~s.~Upenlorn~,Xcount: _-or Alden Wa,v Apartments Bermuda Lanai Boynton Brooks Carlyle Apartments Casa Verde Casa Verde Apartments Central Park Country Club Apartments Driftwood Apartments Glen Willow Apartments Kingdale Oaks Apartments Magnolia Manor Metro Garden Apartments Metropolitan Court Aparmaents Monte Verano Apartments Nijim Estate Oakwood Apartments Pacific Terrace West Pacific Terrace West Pauline Apartments & 913 Ironwood Sierrabrook Sierrabrook Apartments Station I01 Sunrise Garden Apartments Sunrise Garden Apartments Taxco Apartments The Glens Valley West Apartments Van Sansol Apartments Waterford Place San Mateo Lakeshore Landing San Rafael Deer Valley San Ramon Promontory Point Santa Clara Alderwood Boardwalk Briarwood Garden Apartments Laurelwood /-1-5 2 of 3 3/2/00 9:34 AM PEGASUS DEVELOPMENT · co. January 14, 2000 [SENT VIA FACSIMILE AND U.S. MAIL] Mr. Richard Lowenthal City Council Member City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 Dear Richard: This letter is in response to your suggestion at last week's joint study session with the ?lanning Commission and City Council that we participate in the "Moving in for Less" program for teachers, which effectively reduces the cost of.moving into an apartment in the Silicon %alley., In recognition of the tremendous value teachers provide to the community of Cupertino, we wpuld be honored to participate in this program not only for our proposed residential project at the intersection of Stevens Creek and De Anza Boulevards, but also for the other 710 apartments that we currently own and manage in the City of Cupertino. We are proud to support this valuable program and appreciate your drawing our attention to this issue. Sincerely, · on ~i~ector of DeveloPment CC: City of Cupertino, City Council Members City of Cupertino, Planning Commission Members Steve Piasecki, Director of Planning, City of Cupert: Don Brown, City Manager, City of Cupertino /7-b 20£2 S:\Dev\Documents\CALIFORNIA\S~evens Creek Site\ZONING\l.14.00 JMoss Richard Lowen~hal b.. ........ .-,~:,-',,,'z. ,~.xm ~c~r,-~'!O0 / FACSIMILE: (650) 596-5374