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CC 09-15-03 cUPEI TINO
AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday September 15, 2003
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
1. Receive a donation from the Friends of Cupertino Library.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
2. Approve the minutes from the September 2 City Council meeting.
3. Adopt resolutions accepting Accounts Payable for August 29 and September 5,
Resolution Nos. 03-163 and 03-164.
4. Adopt a resolutions accepting Payroll £or August 29 and September 12, Resolution Nos.
03-165 and 03-166.
September 15, 2003 Cupertino City Council Page 2
5. Accept the Treasurer's Budget Report - July 2003.
Adopt a resolution approving the destruction of records from the City Manager's Office,
which are in excess of two years old, Resolution No. 03-167.
Accept the resignation of Fine Arts Commissioner Rita Young and arrange to fill the
unscheduled vacancy in January.
Adopt a resolution designating September 28 of each year as Confucius Day, and on that
day the city shall recognize and honor teachers for their dedication and hard work.
Resolution No. 03-168.
Acknowledge a fee waiver expenditure in the amount of $10,294.00 for the Moon
Festival of Silicon Valley's event that was held August 30 and 31, 2003, at Memorial
Park.
10.
Acknowledge a fee waiver expenditure from the Iranian Federated Women's Club and
Payvand Cultural School for waiver of use fees related to its Seventh Annual Iranian Arts
and Cultural event scheduled at the Quinlan Community Center on Sunday, September
28, 2003, in the amount of $4,116.50.50.
11. Approve quitclaim deeds:
a)
Jo S. Major and Diann M. Major, husband and wife, as Joint Tenants, 10260
Stonydale Drive, APN 326-37-027, Resolution No. 03-169
b)
Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an
undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as
Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen
Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in
common, 22291 Janice Avenue, APN 357-01-017, 018, Resolution No. 03 - 170
12. Approve grants of easement:
a)
For roadway, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants
to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and
wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-
Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as
tenants in common, 22291 Janice Avenue, APN 357-01-017, 018, Resolution No.
03-171
b)
For public services, Yuval Scarlat, 11477 Lindy Place, APN 356-24-004,
Resolution No. 03-172
13.
Approve an improvement agreement for Roger Low and Jing-Ling Low, husband and
wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng,
September 15, 2003 Cupertino City Council Page 3
husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and
Wei-Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as
tenants in common, 22291 Janice Avenue, APN 357-01-017, 018, Resolution No. 03-173.
14. Accept dedications of real property for roadway purposes:
a)
Arnolfo N. Nite and Rebecca P. Nite, 12584 Madrid Road, APN 356-08-046,
Resolution No. 03-174
b) 21926 Dolores Avenue, APN 35%14-015, Resolution No. 03-175
15.
Approve the final map and improvement plans for GB Estate Homes, 10690 South
Stelling Road, Resolution No. 03-176.
16. Accept municipal improvements (no documentation in packet):
a)
Campo De Lozano, 20075 DePalma Lane, Tract No. 9405, (grading, curb and
gutter, on-site & off-site
b) Michael Shim and Christine H. Hoang, 21672 Granada Avenue, APN 357-17-030
17.
Authorize the City Manager to execute a second Renewal Agreement for the Interim
Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the
pole top radio repeater equipment in City right-of-way that was abandoned by Metricom
upon Metricom's bankruptcy, Resolution No. 03-177.
18. Accept a donation from the Friends of Cupertino Library (no documentation in packet).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
PLANNING APPLICATIONS
19. Review the Planning Commission Minute Order related to the Ri Ordinance.
UNFINISHED BUSINESS
20.
Tropical Reef Aquarium in the lobby of the new Cupertino Library (Postponed from
September 2; request to continue to October 6 at the request of Mayor Chang and Vice-
Mayor James).
21.
Consider the second restated and amended Joint Exemise of Powers Agreement (JPA)
creating the Silicon Valley Animal Control Authority (SVACA). (To be considered after
the closed session).
September 15, 2003 Cupertino City Council Page 4
NEW BUSINESS
22.
Consider withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct
staff to immediately pursue other options for animal services as of July 1, 2004.
23.
Receive and accept the Bicycle Pedestrian Commission's recommendation that the existing
pathway along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be
considered for future use as a public trail, authorize the Commission to receive public input
on the future use of the pathway as a public trail, and request that Staff pursue available
grants to provide funding for trail improvement planning.
24. Review and approve the City Center Pedestrian Plan.
25.
Review of the Parks and Recreation Commission's recommendations for the Stevens
Creek Corridor Master Plan.
ORDINANCES
26.
Second reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Hours
of Operation for Landscape Maintenance Activities - Use of Power Equipment and Other
Related Issues of Clarification."
27.
Second reading of Ordinance No. 1922: "An Ordinance of the City of Cupertino
Amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution
Prevention and Watercourse Protection."
28.
Second reading of Ordinance No. 1923: "An Ordinance of the City Council of the City
of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed
Abatement."
STAFF REPORTS
29.
Receive status report on General Fund Revenue and Expenditures (no documentation in
packet).
COUNCIL REPORTS
Mayor Michael Chang:
Audit Committee
Leadership Cupertino
Legislative Review Committee
Library Steering Committee
5 C's Liaison
Santa Clara County Housing and
Community Development Block Grant Program (CDBG) Alternate
September 15, 2003 Cupertino City Council Page 5
Santa Clara County Library District JPA Board of Directors Alternate
Sister City Committee - Toyokawa
West Valley Mayors and Managers
Vice-Mayor Sandra James:
Economic Development Committee
Environmental Review Committee Alternate
Leadership Cupertino
Library Steering Committee
Santa Clara County Emergency Preparedness Commission
Santa Clara County Transportation Agency Policy Advisory Committee Alternate
West Valley Mayors and Managers Alternate
Councilmember Patrick Kwok:
Association of Bay Area Governments (ABAG)
Bay Area Air Quality Management District Board of Directors
Library Steering Committee Alternate
Guadalupe/West Valley Flood Control and Watershed Advisory Committee
Lower Peninsula Flood Control and Watershed Advisory Committee
Santa Clara County Recycling and Waste Reduction Commission
Santa Clara Valley Water Commission
Sister City Committee - Toyokawa Alternate
Councilmember Dolly Sandoval:
Audit Committee
Environmental Review Committee
Legislative Review Committee
5 C's Liaison
Santa Clara County Cities Association Alternate
Santa Clara County Cities Association Legislative Task Force
Santa Clara County Emergency Preparedness Commission Alternate
Santa Clara County Housing and Community Development Block Grant Program
(CDBG)
Santa Clara County Transportation Agency Policy Advisory Committee
Silicon Valley Animal Control Authority Board Member (SVACA) Alternate
Councilmember Richard Lowenthal:
Association of Bay Area Governments (ABAG) Alternate
Economic Development Committee
Guadalupe/West Valley Flood Control and Watershed Advisory Committee Alternate
Lower Peninsula Flood Control and Watershed Advisory Committee Alternate
Santa Clara County Cities Association
Santa Clara County Cities Association Legislative Task Force Alternate
Santa Clara County Library District JPA Board of Directors
Santa Clara Valley Water Commission Alternate
Silicon Valley Animal Control Authority Board Member (SVACA)
September 15, 2003 Cupertino City Council Page 6
CLOSED SESSION
30. Silicon Valley Animal Control Authority (SVACA):
a) Pending litigation - Government Code Section 54956.9(a)
b) Negotiations for purchase, sale, exchange, or lease of real property - Government
Code Section 54956.8
ADJOURNMENT
Adjourn to a study session on October 3 at 1:00 p.m. regarding the goals and evaluation o£ the
City Manager.
September 15, 2003 Cupertino City Council Page 7
REDEVELOPMENT AGENCY MEETING
Canceled £or lack of business.
be compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of
the meeting.
CUPERTINO
CALL TO ORDER
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
Tuesday, September 2, 2003
At 5:05 p.m. Mayor Chang called the meeting to order in Conference Room C, City Hall,
Cupertino, California.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council
members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Lowenthal left the meeting at
5:50. Council members absent: none.
Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Works Director
Ralph Qualls, and Deputy City Clerk Grace Johnson.
STUDY SESSION
Discuss with the City Council and the Cupertino Library Foundation the library
fundraising effort.
Public Works Director Ralph Qualls reviewed the staff report, which discussed eight
points from a letter written by the Cupertino Library Foundation.
The members of the Library Foundation introduced themselves: Treasurer Eno Schmidt,
Janet Riddell, Mary Ann Wallace, President Pat Rogers, Chair of Fundraising Committee
Barbara Rogers, Nicol Lea, and Vice President Thelma Epstein.
Nicol Lea suggested changes to the naming policy including:
Change the title to read, "recognizing donors" by removing the word "financial"
· Include staff (paid employees) in the list under lb of the naming policy, regarding
recognizing individuals, and remove the word "non" before "monetary" to have it
read, "monetary contributions"
· Make the wording in 3a and 3c regarding naming and removing the name from
city buildings less contradictory and easier to understand as something separate
from giving recognition plaques
· Have a procedure in place for 3b regarding submission of contributions to the City
Manager first
geptember 2 2003 Cupertino City Council Page
· Add the words, "after the conduct of one public hearing" to 3d regarding the size,
type and location of a recognition plaque
· Change the word "given" in the first sentence of 3f to read, "provided" regarding
receiving a copy of the naming policy guidelines
· Add the words, "after the conduct of one public hearing" to 4a and 4c regarding
preservation and removal of a recognition plaque
She shared concerns about the five donors who had already promised to donate fimds
prior to the adoption of the naming policy and what would happen to the fundraising
campaign in the future.
The Council comments included:
· The fundraising committee and Council should focus on the goal of raising money
instead of the language of the policy
· There is a need to clarify the terminology of "naming" opportunities versus
"recognition" opportunities
· The City needs the Foundation to raise money since that is what the Foundation
said it would originally do in order to build a bigger library
· Council lost credibility by changing the rules and by not allowing money to be
accepted from businesses, but the current policy supercedes the earlier policy
· The fundraising committee should contact the five donors who have already made
financial contributions to see if they would accept recognition plaques
Comments from the Foundation included:
· The policy is bureaucratic
Donors won't donate if they have to be approved at a Cotmcil public hearing
· The policy takes the impetus away for people to donate and the Foundation can't
operate well this way to raise money
Council asked the Foundation to work with staff regarding the individual who wants to
give a donation toward a sculpture. Council also asked the Foundation to decide if they
could work under the policy.
RECESS
The Council was in recess from 6:43 to 6:58 p.m.
PLEDGE OF ALLEGIANCE
At 6:58 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance.
September 2 2003 Cupertino City Council Page 3
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council
members Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development
Director Steve Piasecki, Parks and Recreation Director Therese Smith, Senior Planner Aarti
Shrivastava, Recreation Supervisor Julia Lamy, and Deputy City Clerk Grace Johnson.
CEREMONIAL MATTERS - PRESENTATIONS
Presentation by the Independent Order of Odd Fellows Cupertino Lodge #70 to the
Sheriff's Office and the Santa Clara County Fire Department in honor of 9/11. (No
documentation in packet).
Noble Grand Robert Heslop read a letter in memory of the September 11, 2001 terrorist
attacks and thanked the Sheriff's Department and the Fire Department for their efforts.
He presented checks to each department. The Fire Department requested that their check
be made out to the burn unit.
Proclamation for Cupertino National Little League Senior Mariners. (No documentation
in packet).
Mayor Chang presented proclamations to the team and coaches in recognition of their
outstanding 2003 season and for placing 2nd in the District 4 competition.
POSTPONEMENTS
Lowenthal/Kwok moved and seconded to postpone item number 21 to a time uncertain and item
number 23 to the next meeting, pending a meeting with the applicant on September 3. Vote:
Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS - None
CONSENTCALENDAR
Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of item Numbers 9 and 10, which were pulled for discussion.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
4. Approve the minutes from the August 4 City Council meeting.
September 2 2003 Cupertino City Council Page 4
Adopt resolutions accepting Accounts Payable for August 1, 8, 15, and 22, Resolution
Nos. 03-150 to 03-153.
6. Adopt a resolution accepting Payroll for August 15, Resolution No. 03-154.
7. Approve applications for Alcoholic Beverage Licenses:
a) Made Callender Pie Shops Inc., 20750 Stevens Creek Blvd.
b)
20956 Homestead Rd., #A (Southeast comer of Homestead Road and Stelling
Road) (The applicant has not yet chosen a name for this restaurant).
Adopt a resolution approving the destruction of records from the City Clerk and City
Manager's Office which are in excess of two years old, Resolution No. 03-155.
11. Watershed Protection Collaborative:
a)
Authorize the City Manager to negotiate and execute the First Amendment to the
Reimbursement Agreement with the Santa Clara Valley Water District in the
amount of $155,000 for the District to fund the efforts of the Watershed
Protection Collaborative
(b)
Authorize the Director of Public Works to negotiate and execute an agreement in
an amount not to exceed $155,000.00 with CONCUR, Inc. for the administration
of the Watershed Collaborative Process, on condition of approval of the
reimbursement agreement by the City and the Santa Clara Valley Water District
(SCVWD)
12.
Adopt a resolution accepting a grant of easement for roadway, Republic Properties Inc., a
California Corporation, 22551 Ricardo Road, APN(s) 356-01-051,052, 053, Resolution
No. 03-156.
13.
Adopt a resolution accepting a quitclaim deed for Steven Mayhew and Jeanette Mayhew,
as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 21691
Lomita Avenue, APN 357-17-023, Resolution No. 03-157.
14. Improvement agreements:
a)
Adopt a resolution accepting an improvement agreement (grading, drainage, street
improvements) for Steven Mayhew and Jeanette Mayhew, as Trustees of the
Mayhew Family Trust initially created on November 20, 2001, 21691 Lomita
Avenue, APN 357-17-023, Resolution No. 03-158
b)
Adopt a resolution accepting an improvement agreement (grading, drainage, street
improvements) for Lynn M. Chins, 22781 Stevens Creek Boulevard, APN 342-
12-037, Resolution No. 03-159
September 2 2003 Cupertino City Council Page 5
c)
Adopt a resolution accepting an improvement agreement (drainage, off-site
improvements) for GB Estate Homes, a California LLC, 10690 South Stelling
Road, APN 359-22-067, Resolution No. 03-160
15.
Accept municipal improvements (curb & gutter) for Daren Shu, 11593 Upland Way,
APN 366-03-009. (No documentation in packet).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
Approve the second restated and amended Joint Exercise of Powers Agreement (JPA)
creating the Silicon Valley Animal Control Authority (SVACA). This amendment
changes voting requirements, who can be designated as a board alternate and the formula
for reimbursement of excess reserves to a withdrawing agency.
Administrative Services Director Carol Atwood showed a PowerPoint presentation
highlighting Cupertino's membership in SVACA. The Council options were to have
either no vote on the current board, one vote, or to go back to SVACA for additional
discussion.
Executive Director of SVACA Deborah Biggs responded to Council questions regarding
Section 2.7.2 of the Articles regarding needing 2/3 vote of the Board to terminate the
agreement or approve any budget action.
James/Sandoval moved and seconded to continue the item to the next Council meeting.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
10.
Approve the installation of engraved Cupertino Education Endowment Foundation
(CEEF) donor recognition bricks, provided by CEEF, in a dedicated location, during the
construction of City Center Park.
President of CEEF Don Macleod said that CEEF is in the process of raising $6 million
for a new endowment for the Cupertino Union School District. He asked Council to
support the installation of bricks in the City Center Park, which would recognize donors
to CEEF.
Executive Director Eleanor Watanabe said that education and the City are partners and
that CEEF funding helps the schools and the entire community, not just the site of the
project.
Council members had concerns that this project may confuse the issue regarding the
naming policy and that the City would need to develop a policy before allowing other
fundraising organizations to recognize their own donors at City sites.
Council concurred that Lowenthal and Kwok would work with staff and CEEF on a
policy and to asked staff to report back.
September 2 2003 Cupertino City Council Page 6
PUBLIC HEARINGS
16. Consider adopting a resolution ordering the vacation of a 10 fL public service easement,
11477 Lindy Place, APN 356-24-004, Resolution No. 03-161.
The public hearing was opened at 8:25 p.m. There were no speakers, and the hearing was
closed.
Lowenthal/Kwok moved and seconded to adopt Resolution No. 03-161. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
l ?. Conduct a public hearing regarding the 2003-04 Local Law Enforcement Block Grant
Funds.
The public hearing was opened at 8:26 p.m. There were no speakers, and the hearing was
closed.
Council concurred to approve the grant funds.
PLANNING APPLICATIONS
18. Consider Application No. M-2003-04, Hunter/Storm Associates, APN 369-40-017, to
modify use permit U-2002-06 for the Civic Park Master Plan at Cupertino Town Center.
The modifications consist of separating the office building G and caf6 building R (also
includes architectural changes to the caf6 building and an increase of 20 seats) located at
the southwest comer of the intersection of Rodrigues and Torre Avenues.
Council was provided with an amended page for the staff report, and Senior Planner Aarti
Shrivastava reviewed the report.
Applicant Ed Storm said he agreed with staff's recommendation.
Kwok/Lowenthal moved and seconded to approve the application. Vote: Ayes: Chang,
James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
Chang reordered the agenda to hear item number 24 next.
Discuss the fence petition between Cupertino Village and Linnet Lane in Sunnyvale.
Community Development Director Steve Piasecki reviewed the staff report.
The following individuals spoke in support of the petition:
· Jerde Hyme, 1764 Lark Lane in Sunnyvale
· Steve Swenson, 1789 Lark Lane in Sunnyvale
· Mario Garibay
Mayor
24.
September 2 2003 Cupertino City Council Page 7
· Ken Kundsen, 846 Shetland Dr. in Sunnyvale
· Charles Cox, 1741 Killdeer Ct. in Sunnyvale
· Charles Rogers, 1784 Lark Lane in Sunnyvale
· Carol Whetstone, 807 Parnell Pl. in Sunnyvale
· Tom Denver, 12567 Wardell Ct. in Saratoga
· Dean Fujiwara, 1725 Linnet Lane in Sunnyvale
Their comments included: concem over traffic, noise, debris and weed problems; lights
from the shopping center signs; double-parking; illegal U-tums; shopping carts in the
neighborhood; patrons not looking before crossing the street since the fence opening is
very close to the street; a request to completely close off any pedestrian access to the
neighborhood from the shopping center; a request that the sheriff's department conduct
random visits of the area; and a request to fill in the kickboard at the bottom of the fence.
Kitty Yao, representative of Sandhill Property, which manages Cupertino Village
Shopping Center, said that they had communicated with the neighbors and had met with
Dean Fujiwara, the neighborhood representative. She said they installed a sample section
of fence for neighborhood review and added an extra 2 feet, which exceeds the fence
height requirement. They also installed a new kickboard, replaced trees, increased
shopping cart pick-ups, and prohibited after-hours deliveries.
Captain John Hirokawa of the Santa Clara County Sheriff's Office gave an overview of
security and safety issues in the area and the procedure followed when a call comes in to
911. He gave the number 299-2311 as an alternate non-emergency number to call. He
said that there was no more crime at Vallco Village than at Vallco Fashion Park, and
suggested that the Sunnyvale residents ask to have traffic monitored in the area.
Hirokawa responded to a question from the audience and said that there has been no
increase in traffic/pedestrian accidents in the area.
Lowenthal/James moved and seconded to have staff work with the neighbors and the
storeowners to resolve the issues and report back to Council. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
RECESS
Council was in recess from 9:45 p.m. to 10:00 p.m.
Mayor Chang reordered the agenda to hear item number 25 next.
25.
Consider Application GPA-2003-02, Chinese Church in Christ, 10455 Bandley Drive,
APN No. 326-33-012, authorizing a General Plan Amendment to locate a church in an
existing office building.
Community Development Director Steve Piasecki reviewed the staff report.
07-7
September 2 2003 Cupertino City Council Page 8
Lowenthal/Sandoval moved and seconded to authorize a public hearing for a General
Plan Amendment. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Absent: None.
Mayor Chang reordered the agenda to hear item number 20 next.
20.
Report and recommendation regarding request from Terry Hertel pertaining to the tank
house near Blackberry Farm Golf Course.
Community Development Director Steve Piasecki reviewed the staff report and gave a
history of the tank house.
Christine Jeffers, Executive Director of the Cupertino Historical Society, said that the
tank house is a building with historical significance and she would like to see it restored
to its original state, or at least enough so that residents can enjoy it. She said that the
Society could possibly provide some grant resources but wouldn't be able to fund the
restoration itself. She said that moving the tank house isn't preferable since it would
move it further away from its original position.
Sharon Blaine, resident, urged that the tank house be cared for because of its historical
significance, and asked Council to keep it where it is.
Robert Levy, 10802 Wilkinson Ave., gave suggestions for uses and locations.
Richard Whicker, Homeowners Association member, said he wanted to have the water
and electricity reconnected or to have the house relocated. He said the Association could
probably provide funding if the tank house is habitable and it would add benefit to the
homeowners, but that they need the necessary tools in order to do it.
Sandoval/James moved and seconded to pursue option 2 as specified in the staffreport, to
have staff work with the Homeowners Association and the Cupertino Historical Society
regarding restoring the stmctnre and developing a long-term maintenance strategy, and to
report back to the Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval.
Noes: None. Absent: None.
UNFINISHED BUSINESS
19. Naming City Facilities:
a)
Adopt a resolution confirming the policy and procedures regarding the naming of
City facilities and recognition of financial donors, Resolution No. 03-162
b)
Discuss with the City Council and the Cupertino Library Foundation the library
fundraising effort. (Discussed at the 5:00 p.m. study session)
September 2 2003 Cupertino City Council Page 9
Council discussed and made the following changes to the naming policy resolution:
· Removed the word "financial" from the title of the resolution and the policy
· Moved paragraph 3b regarding recommendation by the City Manager for
acceptance of a girl to a new paragraph 4a.
James/Lowenthal moved and seconded to adopt Resolution No. 03-162 as amended.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
Item number 20 was heard earlier.
21.
Receive a report on the Prevailing Wage Complaint Enforcement Investigation
procedure.
This item was continued to a time uncertain pending a response from the Department of
Industrial Relations (DIR).
22.
Confirm dates of October 3~a at 1:00 p.m. for the City Manager's evaluation, and October
10~h at 1:00 p.m. for a Council team-building workshop. Both meetings will be held at the
Blackberry Farm Retreat Center. (No documentation in packet).
Council confirmed October 3 at 1:00 p.m. for the City Manager's evaluation and October
17 at 1:00 p.m. for the Council team-building workshop.
NEW BUSINESS
23.
Approve the concept of the installation of salt water Tropical Reef Aquarium of
approximately 2,000 gallons in the lobby of the new Cupertino Library and accept, in
principle, a donation of $250,000 from Mr. Fred Chan for the fabrication and installation
of the aquarium, and an additional contribution in the form of a commitment for five (5)
years of annual maintenance of the aquarium facility.
This item was continued to the next meeting pending a meeting with Mr. Chan.
Item numbers 24 and 25 were heard earlier.
26. Discuss a possible Senior Commission.
Recreation Supervisor Julia Lamy reviewed the staff report.
Kwok/Lowenthal moved and seconded to have staff come back with a resolution that
incorporates the following:
· Show cost/budget
· Cupertino residents only
geptember 2 2003 Cupertino City Council Page 10
· Meet as necessary
· Link to Senior Center
· Reflect the community
· Senior preference
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
27.
First reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Hours
of Operation for Landscape Maintenance Activities - Use of Power Equipment and Other
Related Issues of Clarification."
The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and
seconded to read the ordinance by title only, and that the Deputy City Clerk's reading
would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal,
Sandoval. Noes: None. Absent: None.
28.
First reading of Ordinance No. 1922: "An Ordinance of the City of Cupertino Amending
Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention and
Watercourse Protection."
The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and
seconded to read the ordinance by title only, and that the Deputy City Clerk's reading
would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal,
Sandoval. Noes: None. Absent: None.
29.
First reading of Ordinance No. 1923: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed
Abatement."
The Deputy City Clerk read the title of the ordinance. James/Lowenthal moved and
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal,
Sandoval. Noes: None. Absent: None.
ORDINANCES - None
STAFF REPORTS
30. Accept Annual Report from July 1, 2002 to June 30, 2003.
City Manager David Knapp said that the report is available on the website or by calling
777-CITY.
Council concurred to accept the report.
o% I0
geptember 2 200g Cupertino City l~ouncil Page 11
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
including the Moon Festival; the new Silicon Valley Animal Control Authority (SVACA)
building; the League of California Cities Annual Conference adopting a resolution supporting a
statewide ballot initiative to require voter approval before state government can confiscate local
tax funds; the League of California Cities adopting an Asian Caucus and asking for city support;
the Santa Clara County Water District Measure B to save creeks; the League of California Cities
affordable housing task fome; the Silicon Valley Manufacturing Group Housing Leadership
Council interested in the Cupertino Community Service (CCS) project and how it was built
around partnerships; the CCS BBQ at Blackberry Farm on September 6; and the League of
California Cities Latino caucus.
CLOSED SESSION - None
ADJOURNMENT
At 11:45 p.m. the City Council meeting was adjourned.
Grace Johnson, Deputy City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
DRAFT
RESOLUTION NO. 03-163
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAPTER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
AUGUST 29, 2003
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:
Di r~c (~nl~
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15 day of September , 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
3-/
08/28/03 CITY OF CUPERTINO
ACC0(3NTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003"
FL~ND - 110 - GENEP~AL FL~
CASH ACCT CHECK NO
1020 596614 V
1020 603446
1020 603447
1020 603448
1020 603448
1020 603448
TOTAL CHECK
1020 603449
1020 603449
1020 603449
TOTAL CHECK
1020 603450
1020 603451
1020 603452
1020 603453
1020 603454
1020 603454
1020 603454
TOTAL CHECK
1020 603455
1020 603455
1020 603455
1020 603455
TOTAL CHECK
1020 603456
1020 603457
1020 603458
1020 603459
1020 603459
TOTAL CHECK
ISSUE DT .............. VENDOR ............. FUND/DEPT
10/11/02 1247
08/29/03 3
08/29/03 2326
08/29/03 2110
08/29/03 2110
08/29/03 2110
08/29/03 2539
08/29/03 2539
08/29/03 2539
08/29/03 1680
08/29/03 28
08/29/03 2276
08/29/03 2641
08/29/03 61
08/29/03 61
08/29/03 61
bS~RIE PRESTON 1106100
A RENTAL CF~ER 1108505
A/C SERVICE & DESIGN CO. 1108505
A~C BACKFLOW TESTING REP 1108505
ABC BACKFLOW TESTING R2EP 1108321
;~BC BACKFLOW TESTING REP 1108407
08/29/03 1519
08/29/03 1519
08/29/03 1519
08/29/03 1519
ACS STATE & LOCAL SOLUTI 1102101
ACS STATE & LOCAL SOLUTI 1102101
ACS STATE & LOCAL SOLUTI 1102101
08/29/03 2680
08/29/03 867
06/29/03 2633
08/29/03 124
08/29/03 124
ADVANTAGE GRAFIX 6308840
AIRG~S NCH 1108314
AL~A 5806449
AMERIC/tN STEAM CLEJLNING 1108565
ARTISTIC PLJ~ CREATIONS 1108505
ARTISTIC PI~ CREATIONS 1108501
ARTISTIC PI~ CREATIONS 1108504
1020 603460 08/29/03 2232
1020 603460 08/29/03 2232
TOTAL CHECK
AUTREY SUPPLY CO INC 1108314
AUTREY SUPPLY CO INC 1108315
AUTP~EY SUPPLY CO INC 1108312
AUTREY SUPPLY CO INC 1108303
1020 603461 08/29/03 149
1020 603461 08/29/03 149
BERR~AN & HENIGA/{ 1107502
BRI;LN KANGAS FOULK 2709430
CkLIFORNIA BINGO SERVICE 5506549
CALIFOP~NIA SAFETY & CLEA 6308840
CALIFOAMIA SAFETY & CLEA 1105409
C3%RIADA, LOURDES 110
CARIAGA, LOURDES 110
CASH
2204010
2204011
PAGE 1
..... DESCRIPTION ...... SALES TAX AMOUNT
EXPENSES RETREAT MTG 0.00 -59.28
SUPPLIES 15885 0.00 42.35
TIME/MATERIALS 0.00 202.00
BACF~LOW P~EPAIR 0.00 150.00
BACKFLOW REPAIR 0.00 250.00
BACKFLOW CLEA~ING 0.00 250.00
0.00 650.00
RLC CIATIONS O73LY2003 0.00 9453.00
ALC CITATIONS JI~NE03 0.00 5891.00
RCL CITATIONS ~4AY03 0.00 4247.00
0.00 19591.00
VEHICLE DAMAGE 15861 0.00 128.21
FY 2003-2004 OPEN PURC 0.00 89.65
DRINKING WTR/MV POOL 0.0O 71.15
STEAM CLEAN KITCHEN 0.00 800,00
PI2~ C;~RE AUG2003 0.00 130.00
PLJ~NT C3~E AUG2003 0.00 230.00
PL~ CARE AUG2003 0.00 230.00
0.00 590.00
GOAL LIME WHITE PAING 0.00 709.04
GOAL LINE WRITE PAING 0.00 708.05
GOAL LINE WRITE PAING 0.O0 709.04
GOAL LINE WHITE PAING 0.00 709.05
0.00 2836.18
SERVICES 7/12-8/08 0.00 1024.65
P.0.#00030281 CARRYOVE 0.00 855.50
DAUBERS FOR BINGO 0.00 52.57
GLOVES 15874 0.00 215.23
GLOVES 15881 0.00 619.27
0.00 834.50
CSGA2~NS~TT 0.00 306.50
SSGARNSM~T 0.00 103.84
0.00 410.34
PETTY C3~H 6/14-5/27 0.00 60.12
PETTY CASR 8/14-8/27 0.00 35.19
RUN DATE 08/28/03 TIME 15:41:39
- FINANCIAL ACCOUNTING
08/28/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT F~
SELECTSON CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
1020 603461 08/29/03 149 CASH 3655301
1020 603461 08/29/03 149 CASH 1107501
1020 603461 08/29/03 149 C~H 1107501
1020 603461 08/29/03 149 C~H 1100000
1020 603461 06/29/03 149 C~H 1107301
1020 603461 08/29/03 149 C~H 1108101
TOTAL CHECK
1020 603462 08/29/03 1057
1020 603462 08/29/03 1057
TOTAL CHECK
1020 603463 08/29/03 1156
1020 603464 08/29/03 M2004
1020 603465 08/29/03 M
1020 603466 08/29/03 1453
1020 603467 08/29/03 1363
1020 603468 08/29/03 1312
1020 603469 08/29/03 184
1020 603470 08/29/03 3036
1020 603471 08/29/03 197
1020 603472 08/29/03 1579
1020 603472 08/29/03 1579
TOTAL CHECK
1020 603473
1020 603474
1020 603474
TOTAL CHECK
08/29/03 198
08/29/03 209
08/29/03 209
CERIDIA/q BENEFITS SERVIC 110
CERIDIAN BENEFITS SERVIC 110
CHA 110
C~G, SGE FAY 110
CHEN, JENNIFER 560
CNEISTOPHERS C3~RPET SERV 1108504
CLEAN SOURCE 5208003
COUNTRY CLUB CAR WASH 6308840
JA~S COURT~Y 5606620
CRITERION pICT~ES USA, 1101201
CTC FUNDING, LLC 1101500
CUPERTINO LOC-N-STOR LLC 1108501
CUPERTINO LOC-N-STOR LLC 1108503
1020 603475 08/29/03 M
1020 603476 08/29/03 2963
1020 603477 08/29/03 1242
1020 603478 08/29/03 2754
1020 603478 08/29/03 2754
1020 603478 08/29/03 2754
1020 603478 08/29/03 2754
TOTAL CHECK
CUPERTINO UNION SCRL DIS 1103300
DE ANZA SERVICES INC 5606620
DE ANZA SERVICES INC 5606640
DESAI, GITA 580
DIAMOND FENCE CO INC 4269212
DIGITAL PRINT IMPRESSION 5806449
DRIVER ~.LLIA/qT INSGP~CE 1104540
DRIVER ALLIANT INSL~CE 1104540
DRIVER ALLIANT INSUP~CE 1104540
DRIVER ALLIANT INSUR3~CE 1104540
..... DESCRIPTION
PETTY CASH 6/14-8/27
PETTY CASE 8/14-8/27
PETTY C~H 8/14-8/27
PETTY CASR 8/14-8/27
PETTY CASH 8/14-8/27
PETTY CASH 8/14-8/27
*FLEX DEP/240125
*FLEX HLTH/240125
CKA
REFD DEV MAINT FEE
Refund: Check - Return
CARPET REPAIRS
SUPPLIES A25021
DETAIL/WASH 15830 #10
SERVICE AGREEMENT FOR
LICENSE "THE CUP)
RENT SEPT03 70-1D-CU
G-34 RENT SEPT2003
G-33 RENT SEPT2003
TOYOKAWA TRANSPORTATN
jANITORIAL AUG03
JANITORIAL AUG02
Refund: Check - Full r
RELOCATION OF FENCE
B.CARDS/K.LEVY
DIFFERENCE/CONDITIONS
DIFFERENCE/CONDITIONS
DIFFERENCE/CONDITIONS
DIFFERENCE/CONDITIONS
PAGE
AMOUNT
42.00
30.00
29.64
26.13
7.56
220.64
349.94
522.42
872.36
129.85
1000,00
300.00
210.00
79.06
145.00
100.00
325.00
4569.00
217.00
217.00
434.00
416.14
446.18
446.19
892.37
105.00
180.00
68.04
23754.84
10710.00
87350.00
43596.09
165410.93
RGN DATE 08/28/03 TIME 15:41:39
- FINA/~CIAL ACCOUNTING
08/26/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transac~.trans_date between "08/25/2003" and "08/29/2003"
..... DESCRIPTION ...... SALES TAX
PAGE 3
AMOUNT
1020
1028
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
TOTAL C~CK
1020
1020
1020
1020
1020
1020
1020
TOTAL CHECK
1020
1020
TOTAL CHECK
1020
1020
1020
1020
TOTAL CHECK
1020
1020
1020
1020
1020
1020
603479 08/29/03 242 EMPLOYMENT DEVEL DEPT
603480 08/29/03 243 EMPLOYMENT DEVELOPMENT
603481 08/29/03 253 EXC"~ANGE LINEN SERVICE 5606620
603481 08/29/03 253 EXCHANGE LINEN SERVICE 5606620
603482 08/29/03 260
603482 08/29/03 260
603482 08/29/03 260
603482 08/29/03 260
603482 08/29/03 260
603482 08/29/03 260
603483 08/29/03 1255
603484 08/29/03 2361
603484 08/29/03 2361
603484 08/29/03 2361
603484 08/29/03 2361
603484 08/29/03 2361
603484 08/29/03 2361
603485 08/29/03 2361
603485 06/29/03 2361
603486 08/29/03 268
603487 08/29/03 1741
603488 08/29/03 298
603488 08/29/03 298
603489 08/29/03 1364
603490 08/29/03 325
603491 08/25/03 334
603492 09/29/03 343
603493 08/29/03 2818
603494 08/29/03 357
FEDERAL EXPRESS CORP 4239222
FEDERAL EXPRESS CORP 1103500
FEDERAL EXPRESS CORP 4239222
FEDERAL EXPRESS CORP 110
FEDERAL EXPRESS CORP 4259313
FEDERAL EXPRESS CORP 110
FIRST AUTOMOTIVE DISTRIB 6308840
FIRST BANKCARD 1104000
FIRST BANKCARD 1104511
FIRST SANRCARD 6104800
FIRST BANKCARD 5606640
FIRST BA~KCARD 6104800
FIRST BA/~KCARD 4269212
FIRST BANKC~D 1101000
FIRST BANKCAPd) 1101031
FOSTER BROS SECURITY SYS 5606620
~OVCONNECTION, INC. 6104800
GPJ~INGER INC 6308840
G~AINGER INC 1108830
GRIFFIN PAINTING INC 1108507
DANIEL EEDDEN 1106500
HOME DEPOT/GECF 1108501
ICMA RETIREMENT TRUST-45 110
JAECO 1108503
JAVELCO EQUIPMENT SER IN 6308840
SDI/776-5260-0
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
COURIER SERVICES
COURIER SERVICES
COURIER SERVICES
COURIER SERVICES
COURIER SERVICE
COURIER SERV R22286
FY 2003-2004 OPEN PURC
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
AUGUST 2003 STATEMENT
LOCK SETS
COMPACT FLASH READERS
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
TIME/MATERIALS
SERVICE AGREEMENT FOR
PARTS/SUPPLIES 27203
SUPPLIES
AIR FILTERS 24156
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
18300.79
911.49
227.62
339.74
567.36
17.44
15.47
44.14
15.59
17.51
15.64
125.79
172.78
63.00
30.94
1616.67
45.95
20.00
15.95
1792.51
71.10
30.45
101.55
540.40
818.37
71.38
140.96
212.34
2960.00
175.00
16.22
5854.48
51.38
64.30
RUN DATE 08/26/03 TIME 15:41:40
08/28/03 CI/~ OF CJPERTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEF~NT FU~D
SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003"
CASH ACCT CHECK NO
ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603495 08/29/03 2374
1020 603495 08/29/03 2374
1020 603495 08/29/03 2374
TOTAL C~ECK
102O 603496 08/29/03 2285
1020 603497 08/29/03 1437
1020 603498 08/29/03 2292
1020 603499 08/29/03 M2004
1020 603500 08/29/03 382
1020 603501 08/29/03 408
1020 603501 08/29/03 408
1020 603501 08/29/03 408
1020 603501 08/29/03 408
TOTAL CHECK
1020 603502
1020 603503
1020 603504
1020 603504
TOTAL CHECK
08/29/03 986
08/29/03 2567
08/29/03 1023
08/29/03 1023
1020 603505 08/29/03 2726
1020 603506 08/29/03 M
1020 603507 08/29/03 M2004
1020 603508 08/29/03 473
1020 603509 08/29/03 302
1020 603510 08/29/03 479
1020 603511 08/29/03 485
1020 603512 08/29/03 M
1020 603513 08/29/03 2639
1020 603513 08/29/03 2639
TOTAL CHECK
JII PROMOTIONS, INC. 1103300
JII PROMOTIONS, INC. 1108501
JII PROMOTIONS, INC. 1103300
KATHR~fN KELLY JOESTEN 1106265
THE JUNGLE 5806349
KIER & WRIGRT 5609112
1020 603514
MATTHEW BENDER & COMPA/~ 1101500
MASSO~3D MODJTEHEDI 1107502
~ASSOI3D MODJTEHEDI 1107502
** MOSS & BA3~NETT 1101031
Mabe¥, Mary 550
NAN, LIN HAI 110
NASER DISTRIBUTORS INC 5606620
NATIONAL DEFERRED COMPEN 110
NATURES WOOD 5606620
NEWMAN~q~FFIC SIGNS 2708405
NOH, YOUEGLAE 580
NOVA PARTNERS INC 4239222
NOVA PARTNERS INC 4269212
08/29/03 499 DEBBIE O'NEILL
5606620
..... DESCRIPTION ......
ROSEWOOD GIFTBOX SETS
CITY FLAGS
EVERETT WALL CLOCK
SERVICE ~REEMENT FOR
ADMISSION 17283
ENGINEERING SERVICES
REFD ENCROACH BOND
SEPTE~ER NEWSLETTER
FY 2003-2004 OPEN PUEC
PY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PLTRC
FY 2003-2004 OPEN PURC
SERVICE AGREEMENT FOR
PAGE 4
AMOUNT
5114.69
1564.71
216.82
6896.22
337.50
95.40
12000.00
SO0.O0
909.30
815.63
514.43
1017.92
122.79
2470.77
2634.04
223.00
6146.00
31126.00
37272.00
672.50
24.00
886.19
251.21
17090.64
383.21
206.46
437.50
57953.27
RI/N DATE 08/28/03 TIME 15:41:40
- FINANCIAL ACCOUNTING
08/28/03 CITY OF CUPERTINO PAGE 5
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT ~JND
SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003"
FUND - 110 - GENERAL FUND
C~H ACCT CFiECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 603515 08/29/03 493 OFFICE DEPOT 5806349
1020 603515 08/29/03 498 OFFICE DEPOT 1107504
1020 603515 08/29/03 493 OFFICE DEPOT 1107301
1020 603515 08/29/03 498 OFFICE DEPOT 1104400
1020 603515 08/29/03 493 OFFICE DEPOT 1104000
1020 603515 08/29/03 493 OFFICE DEPOT 1107504
1020 603515 08/29/03 493 OFFICE DEPOT 5806249
1020 603515 08/29/03 493 OFFICE DEPOT 1107503
1020 603515 08/29/03 493 OFFICE DEPOT 1108601
1020 603515 08/29/03 493 OFFICE DEPOT 1108101
TOTAL C~ECK
1020 603516 08/29/03 501 OPERATING ENGINEERS #3 110
..... DESCRIPTION ...... SALES TAX
AMOUNT
OFFICE SUPPLIES 0.00 20.48
OFFICE SUPPLIES 0.00 21.80
OFFICE SUPPLIES 0.00 3.55
OFFICE SUPPLIES 0.00 28.13
OFFICE SUPPLIES 0.00 113.62
OFFICE SUPPLIES 0.00 11.36
OFFICE SUPPLIES 0.00 146.93
OFFICE SUPPLIES 0.00 203.49
OFFICE SUPPLIES 0.00 70.36
OFFICE SUPPLIES 0.00 179.60
0.00 799.32
UNION DUES 0.00 686.88
1020 603517 08/29/03 833 P E R S 110 PERS BLTYBK 0.00
1020 603517 08/29/03 833 P E R S 110 *PERS BYBK 0.00
1020 603517 08/29/03 833 P E R S 110 PERS 1959 0.00
1020 603517 08/29/03 833 P E R S 110 *PERS BY]~K
1020 603517 08/29/03 833 P E R S 110 PERS SPEC 0.00
1020 603517 08/29/03 833 P E R S 110 PERS EMPI~ 0.00
1020 603517 08/29/03 833 P E R S 110 PERS EMPLY 0.00
1020 603517 V 08/29/03 833 P E R S 110 PERS BU~BK 0.00
1020 603517 V 08/29/03 833 P E R S 110 *PERS BYBK 0.00
1020 603517 V 08/29/03 833 P E R S 110 PERS 1959 0.00
1020 603517 V 08/29/03 833 P E R S 110 *PERS B~K 0.00
1020 603517 V 08/29/03 833 P E R S 110 PERS SPEC 0.00
1020 603517 V 08/29/03 833 P E R S 110 PERS EMFLR 0.00
1020 603517 V 08/29/03 833 P E R S 110 PERS EMPLY 0.00
TOTAL CRECK 0.00
1020 603518 08/29/03 515 PACIFIC WEST SECTTRITY IN 1108505
1020 603519 08/29/03 533 PERS LONG TERM C3%RE FROG 110
1020 603520 08/29/03 1247 ~IE PRESTON 1106100
1020 603521 08/29/03 1406 P~IN~S CEEVORLET 6308840
1020 603521 08/29/03 1406 RJ%IiTES CHEVOP~LET 6308840
1020 603521 08/29/03 1406 RAINES CREVORLET 6308840
1020 603521 08/29/03 1406 P~INES C~{EVORLET 6308840
TOTAL CHECK
1020 603522 08/29/03 2482 ROBERT HALF TEC~OLOGY 6104800
1020 603523 08/29/03 2170 SAM JOSE GENERATOR 6308840
1020 603524 08/29/03 1442 SM JOSE ICE COMPA~ 5606620
1020 603525 08/29/03 258 SANTA CL~COLT~y 110
1020
37.52
123.70
117.18
462.65
283.56
7055.97
25983.45
-37.52
-123.70
-117.18
-462.65
-283.56
-7055.97
-25983.45
0.00
SERVICE CALL 8/14 0.00 54.13
PERS LTC/2405 0.00 215.09
REPLACE LOST CRECK 0.00 59.28
FY 2003-2004 OPEN PUNC 0.00 90.22
FY 2003-2004 OPEN PDRC 0.00 8.45
FY 2003-2004 OPEN PURC 0.00 8.45
FY 2003-2004 OPEN PURC 0.00 43.03
0.00 150.15
603526 08/29/03 2163 SANTA CI~, CITY OF 5600000
C.FUNDEP~BURK W/E 8/15 0.00 1152.00
R.B. ALTEP~NATOR 15887 0.00 92.01
SUPPLIES 0.00 146.14
V ORTEGA 563312780 0.00 588.00
REFUND OF ADMISSIONS 0.00 97.00
RL~N DATE 08/28/03 TIME 15:41:40
- FINANCIAL ACCOUNTING
08/28/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/25/2003" and "08/29/2003"
1020 603527 08/29/03 1648
1020 603528 08/29/03 M
1020 603529 08/29/03 2415
1020 603529 08/29/03 2415
1020 603529 08/29/03 2415
TOTAL CHECK
1020 603530 08/29/03 M2004
1020 603531 08/29/03 2810
1020 603531 08/29/03 2810
1020 603531 08/29/03 2810
TOTAL CHECK
1020 603532 08/29/03 3027
1020 603533 08/29/03 677
1020 603534 08/29/03 695
1020 603534 08/29/03 695
1020 603534 08/29/03 695
1020 603534 08/29/03 695
1020 603534 08/29/03 695
TOTAL CHECK
1020 603535 08/29/03 696
1020 603535 08/29/03 696
TOTAL C~ECR
1020 603536 08/29/03 700
1020 603537 08/29/03 701
1020 603537 08/29/03 701
TOTAL CHECK
1020 603538 08/29/03 2008
1020 603539 08/29/03 1993
1020 603540 08/29/03 1154
1020 603541 08/29/03 M
1020 603542 08/29/03 ME004
1020 603543 08/29/03 18
i020 603544 08/29/03 761
SAVIN CORPORATION (SUPPL 1104310
SEHEON, R 580
SIMON MARTIN-VEGUE WINKE 4239222
SIMON MARTIN-VEGUE WINKE 4239222
SIMON MARTIN-~EGI/E WINKS 4239222
SLIVINSKE, T~fLER 5806449
SMART & FINAL 5806349
SMART & FINAL 5706450
SMART & FINAL 5706450
SRI SPORTS, INC. 1108314
STATE STREET BANK & TRUS 110
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
TADCO SUPPLY 1108505
TADCO SOPPLY 1108505
TARGET SPECIALTY PRODUCT 1108407
TARGET STORES 5706450
TARGET STORES 5706450
TECH 5UJSEL~ OF INNOVATIO 5806349
TREASURER OF AI~DA COU 110
URITED WAY OF SD/qTA CI~ 110
Vanoveren,,Michael 550
WASHINGTON CO~4UNITY 560
WASTE ORGANIZATION ADONA 6308840
WEDEMEYER BAKERY 5606620
PAGE 6
..... DESCRIPTION ...... SALES TAX AMOUNT
EXCESS 8/2002-8/2003 0.00 253.73
Refund: Check - Return 0.00 750.00
PUBLIC WORKS CONTRACT 0.00 2074.73
PUBLIC WORKS CONTRACT 0.00 45770.38
PUBLIC WORKS CONTRACT 0.00 6626.21
0.00 54471.32
RRFD LIFEGUARD CLASS 0.00 125.00
CAMP SUPPLIES 22954 0.00 16.94
SUPPLIES 22955 0.00 17.91
SLrPPLIES 17485 0.00 105.49
0.00 140.34
CENTER STEEPS A~ TENN 0.00 712.28
*PERS DEF 0.00 3590.93
COFFEE 0.00 266.90
SENIOR SOCIALS 0.00 67.22
BINGO 0.00 52.94
FY 2003-2004 OPEN PURC 0.00 3680.97
FY 2003-2004 OPEN PURC 0.00 2974.23
0.00 7042.26
SUPPLIES 0.00 35.26
SUPPLIES 0.00 58.26
0.00 93.52
FY 2003-2004 OPEN PURC 0.00 679.33
SUPPLIES 17483 0.00 120.45
SUPPLIES 17484 0.00 97.39
0.00 217.84
~%DMISSION 17284 0.00 276.00
A LOPEZ JR 566398126 0.00 253.84
UNITED WAY 0.00 122.10
Refund: Check - Rental 0.00 750.00
REFUND OF DEPOSIT 0.00 100.00
ENGINE OIL 15879 0.00 350.00
FY 2003-2004 OPEN PURC 0.00 466.28
RUN DATE 08,/28/03 TIME 15:41:41
- FINAMCIAL ACCO~ING
08/28/03 CITY OF C~JPERTINO
ACCOL~ING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FL~
SELECTION CRITERIA: transact.tran$_daSe between "08/25/2003" and "08/29/2003"
1020 603545 08/29/03 768
1020 603546 08/29/03 2969
1020 603547 08/29/03 M2004
1020 603548 08/29/03 M2004
1020 603549 08/29/03 M2004
1020 603550 08/29/03 178
1020 603551 08/29/03 1699
TOT;~L CASE ACCOUNT
TOTAL FUND
WEST GROUP PAY~NT CENTE 1101500
WIC: WORrDER ICE C~EAM DI 5606620
WRIGHT~UkN, KURT 5806449
WROBLEWSRI, STACY 5806449
YOUNG, AM3tNDA 5806449
COLONIAL LIFE & ACCIDENT 110
PACIFIC GA~ & ELECTRIC C 4209119
TOTAL REPORT
PAGE 7
..... DESCRIPTION ...... SALES T~2( AMOUNT
MCQUILLIN SUBSCRIPT 0.00 1069.51
FY 2003-2804 OPEN PURC 0.00 299.14
REFD LIFEGUARD CL~S 0.00 125.00
REFD LIFEGUARD CLASS 0.00 125.00
REFD LIFEGUARD CL~S 0.00 125.00
#E7013899-0000 0.00 522.66
NEW ELECTRICAL SERV. 0.00 2130.12
0.00 458741.17
0.00 458741.17
0.00 458741.17
RUN DATE 08/28/03 TINE 15:41:41
- FIN~CI~ ACCOUNTING
DRAFT
RESOLUTION NO. 03-164
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 HEREINAFFER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
SEPTEMBER 05, 2003
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:
Dxrector of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15thday of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
09/04/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 3/04 Cq4ECK REGISTER DISBLrRSEMENT FI/ND
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
CASH ACCT CHECK NO
ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603552 09/05/03 1695 3M 2708405
1020 603552 09/05/03 1695 3M 2708405
1020 603552 09/05/03 1695 3M 2708405
1020 603552 09/05/03 1695 3M 2708405
1020 603552 09/05/03 1695 3M 2708405
TOTAL CHECK
1020 603553 09/05/03 2110
1020 603553 09/05/03 2110
1020 603553 09/05/03 2110
1020 603553 09/05/03 2110
TOTAL CHECK
1020 603554 09/05/03 M2084
1020 603555 09/05/03 M2004
1020 603556 09/05/03 91
1020 603557 09/05/03 1475
1020 603558 09/05/03 100
1020 603559 09/05/03 2134
1020 603560 09/05/03 2134
1020 603561 09/05/03 127
1020 603562 09/05/03 1024
1020 603563 09/05/03 1476
1020 603563 09/05/03 1476
1020 603563 09/05/03 1476
TOT~tL CEECK
1020 603564 09/05/03 149
1020 603564 09/05/03 149
1020 603564 09/05/03 149
1020 603564 09/05/03 149
1020 603564 89/05/03 149
1020 603564 09/05/03 149
TOTAL CHECK
1020 603565
1020 603566
1820 603567
1020 603567
TOTAL CHECK
ABC BACKFLOW TESTING REP 1108407
~%BC BACKFLOW TESTING REP 1108312
;%BC BACKFLOW TESTING REP 1108407
AIBC BACKFLOW TESTING REP 1108407
AICPA 1104100
~/~4ADILLO WILLY'S 2204010
DH JOEL BERGER 5806449
BILL'S TREE C~rD LJkN 1108315
BMI IMAGING SYSTEMS 1107501
CALENDARS 1101500
CALENDARS 1104300
THE CALIFORNIA C~EL 1103500
CALIFORNIA JOURNAL 1103300
C~0N DESIGN GROUP 110
CAPrNON DESIGN GROOP 110
CA~ON DESIGN GROUP 110
C2%SH 1101000
C~H 1107301
C~H 2204010
CASH 4239222
C~H 1107501
C~R 1104400
09/05/03 1756
09/05/03 2704
09/05/03 1555
09/05/03 1555
CITY OF SUN~ALE-UTILIT 1108511
BRIAN CORDIEL 5606620
CORPORATE EXPRESS 1104200
CORPORATE EXPRESS 1104200
..... DESCRIPTION ...... SALES TAX
PAGE 1
AMOUNT
MATERIALS 0.00 86.57
NATERIALS 0,00 107.41
NATERIALS 0,00 1380.70
MATERIALS 0.00 619.62
MATERIALS 0.00 743.55
0.00 2937.85
BACKFLOW REPAIR 0.00 225.00
BACKPLOW REPAIR 0.00 275.00
BACKFLOW INSTALLATION 0.00 425.00
BACKFLOW CLEANING 0.00 375.00
AICPA RNWL C.AUGUSTIN 0.00 150.00
LC BBQ 0.00 427.59
SERVICE AGREEMENT FOR 0.00 90.00
TRIM TREE/JOLLY~ 0.00 3250.00
EN%q~LOPES/M.FICHE 0.00 61.55
2004 C/tLENDARS 0.00 68.07
PETTY CASH 8/27-9/03 0.00 10.00
PETTY CASH 8/27-9/03 0.00 64.31
PETTY CASH 8/27-9/03 0.00 22.98
PETTY CASH 8/27-9/03 0.00 30.00
PETTY CASH 8/27-9/03 0.00 38.00
PETTY CASH 8/27-9/03 0.00 12.98
0.00 170.27
0.00 22.31
0.00 367.50
UTILITIES
SERVICE AGREEMENT FOR
ARTWORK/B.LICENSE
B.LICENSE FORMS
0.00 81.19
0.00 259.21
0.00 340.40
RUN DATE 09/04/03 TIME 12:29:35
- FINANCIAL ACCOUNTING
-Io
09/04/03 CITY OF CUPERTINO
ACCO~/NTING PERIOD: 3/04 CHECK P~EGISTER - DISBURSEMENT FL~
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
PAGE 2
..... DESCRIPTION ...... SALES TAX AMOUNT
1020 603568 09/05/03 192
1020 603568 09/05/03 192
1020 603568 09/05/03 192
TOTAL C~ECK
1020 603569 09/05/03 194
1020 603569 09/05/03 194
TOTAL CRECE
1020 603570 09/05/03 2893
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603971 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
1020 603571 09/05/03 209
TOTAL CRECK
1020 603572 09/05/03 223
1020 603573 09/05/03 260
1020 603573 09/05/03 260
1020 603573 09/05/03 260
1020 603573 09/05/03 260
TOTAL CHECK
1020 603574 09/05/03 2361
1020 603574 09/05/03 2361
1020 603574 09/05/03 2361
1020 603574 09/05/03 2361
TOTAL CHECK
1020 603575 09/05/03 2381
1020 603575 09/05/03 2361
CUPERTINO MEDICAL CENTER 1104510
CUPERTINO MEDICAL CENTER 5806449
CUPERTINO MEDICAL CENTER 5606449
CUPERTINO SUPPLY INC 1108407
CUPERTINO SUPPLY INC 1108407
DAVID R FOX AAq3 COMPANY 5609112
DE ANZA SERVICES INC 1108511
DE ANZA SERVICES INC 1108507
DE ANZA SERVICES INC 1108507
DE ANZA SERVICES INC 1108504
DE ~LNZA SERVICES INC 1108507
DE A~ZASERVICES INC 1108509
DE A~ZASERVICES INC 1108509
DE ANZA SERVICES INC 1108503
DE ~NZA SERVICES INC 1106302
DE ANZA SERVICES INC 1108315
DE A~ZASERVICES INC 1108314
DE ANZA SERVICES INC 1108407
DE ANZA SERVICES INC 1108506
DE 2%NZASERVICES INC 1108504
DE ANZA SERVICES INC 5708510
DE AMZA SERVICES INC 1108303
DE AMZA SERVICES INC 1108505
DE ANZA SERVICES INC 1108508
DE ANZA SERVICES INC 1108507
DE ANZA SERVICES INC 1108501
DE ANZA SERVICES INC 1108502
DON & MIKE'S SWEEPING IN 2308004
FEDERAL EXPRESS CORP 1108601
FEDERAL EXPRESS CORP 6104800
FEDERAL EXPRESS CORP 4239222
FEDER~ EXPRESS CORP 5708510
FIRST BANKCARD 5708510
FIRST BAMKCARD 1108501
FIRST BANKCD~D 1108503
FIRST BANKCJ~ 1108507
FIRST BANKCARD 1104000
FIRST BANKCARD 1101000
PB/ISICAL/M.BOOKSPUN 0.00 70.00
XRAY/R.NATAR3%JAN 0.00 45.00
TB TEST/A.POON~O 0.00 15.00
0.00 130.00
FY 2003-2004 OPEN PCRC 0.00 44.19
FY 2003-2004 OPEN PURC 0.00 13.35
0.00 57.54
SERVICE AGREEMENT FOR 0.00 4050.00
CLE~%N UP/CREEKSIDE 0.00 315.00
SPECIAL SERVICE 8/22 0.00 390.00
SPEC SERVICE 8/18 0.00 340.00
SPEC SERVICE 8/20 0.00 475.00
SPEC SERVICE 8/22 0.00 180.00
SPEC SERVICE 8/2003 0.00 315.00
JANITORIAL AUG2003 0.00 1385.66
JA-NITORI/~L AU02003 0.00 1988.75
JANITORI/~-L AUG2003 0.00 739.71
JANITORIAL AUG2003 0.00 739.71
JA-NITORI/~L AU02003 0.00 4438.26
JANITORIAL AUG2003 0.00 1004.89
JANITORIAL AUG2003 0.00 343.41
JANITORIAL AUG2003 0.00 6182.68
JANITORIAL AUG2003 0.00 868.08
JANITORIAL AUG2003 0.00 1479.42
JANITORIAL AUG2003 0.00 3500.12
JAZ~ITORIAL AUG2003 0.00 140.13
JANITORIAL AUG2003 0.00 2685.20
JANITORIAL AUG2003 0.00 2852.65
JANITORIAL AUG2003 0.00 1649.17
0.00 32012.84
SERVICES AUG2003 0.00 11173.39
COURIER SERVICE 0.00 34.04
COURIER SERVICE 0.00 237.44
COURIER SERVICE 0.00 16.34
COLTRIER SERVICE 0.00 10.45
0.00 298.27
STATEMENT AUG2003 0.00 64.93
STATEMENT AUG2003 0.00 97.41
STATEMENT AUG2003 0.00 216.48
STATEMENT AUG2003 0.00 196.42
0.00 575.24
STATEMENT AUG2003 0.00 407.48
STATEMENT AUG2003 0.00 69.27
RUN DATE 09/04/03 TIME 12:29:35
- FINANCIAL ACCOUNTING
09/04/03 CITY OF CUPERTINO PAGE 3
ACCOUNTING PERIOD: 3/04 CI{ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
TOTAL CHECK
1020 603576 09/05/03 2361 FIRST BANKCARD 1108502
1020 603576 09/05/03 2361 FIRST BANKCA~D 1108407
1020 603576 09/05/03 2361 FIRST BANKCARD 5708510
1020 603576 09/05/03 2361 FIRST BANKCARD 1108501
1020 603576 09/05/03 2361 FIRST BANKCARD 4239222
1020 603576 09/05/03 2361 FIRST BA~KCARD 4209546
1020 603576 09/05/03 2361 FIRST BANKCARD 1108503
TOTAL CHECK
1020 603577 09/05/03 2361 FIRST BANKCARD 1106647
1020 603577 09/05/03 2361 FIRST BANKCARD 5806349
1020 603577 09/05/03 2361 FIRST BANKCARD 5806449
1020 603577 09/05/03 2361 FIRST BANKCARD 5806349
1020 603577 09/05/03 2361 FIRST BANKCARD 1106647
1020 603577 09/05/03 2361 FIRST BANKCARD 1106265
1020 603577 09/05/03 2361 FIRST BANRCARD 1106248
1020 603577 09/05/03 2361 FIRST BANKCARD 1106342
1020 603577 09/05/03 2361 FIRST BA~KCARD 1101065
1020 603577 09/05/03 2361 FIRST BANKC~RD 1106343
TOTAL CHECK
1020 603578 09/05/83 2361 FIRST BANKCAPJ3 1108501
1020 603578 09/05/03 2361 FIRST BANKCARD 1108505
TOTAL CHECK
1020 603579 09/05/03 2361 FIRST BANKCARD 5606640
1020 603579 09/05/03 2361 FIRST BANKCARD 5806649
1020 603579 09/05/03 2361 FIRST BANKCARD 5606620
1020 603579 09/05/03 2361 FIRST BANKCARD 5606620
TOTAL CHECK
1020 603580 09/05/03 2361 FIRST BANKCkRD 1108507
1020 603580 09/05/03 2361 FIRST BANKCARD 1108501
1020 603580 09/05/03 2361 FIRST BANKCARD 5708510
1020 603580 09/05/03 2361 FIRST BANKCARD 1108503
1020 603580 09/05/03 2361 FIRST BANKCARD 1108504
1020 603580 09/05/03 2361 FIRST BANKCARD 1108505
1020 603580 09/05/03 2361 FIRST RANKCARD 1108502
1020 603580 09/05/03 2361 FIRST BANKCARD 1108506
TOTAL CHECK
1020 603581 09/05/03 2843 FOLGSR GRAPHIC INC 1103400
1020 603582 09/05/03 268 FOSTER BROS SECURIT~f SYS 1108507
1020 603583 09/05/03 281 GARDENLAND 6308840
1020 603583 09/05/03 281 GARDSNLAND 6308840
1020 603583 09/05/03 281 GARDENLAND 6308840
1020 603583 09/05/03 281 GARDE~ 6308840
..... DESCRIPTION
STATEHENT AU02083
STATEMENT AUG2003
STATEMENT AUG2003
STATEHENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMEI~ AUG2003
STATEMENT AUG2003
STATES~ENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
STATEMENT AUG2003
0.00 496.75
0.00 201.64
0.00 39.72
0,00 26.09
0.00 733.57
0.00 26.66
0.00 84.87
0.00 14.02
0.00 1126.57
0.00 152.00
0.00 1838.44
0,00 757.73
0.00 277.27
0.00 16.60
0,00 60.35
0,00 72.14
0.00 132.49
0.00 159.78
0.00 285.52
0.00 480.79
0.00 591.70
0.00 1527.79
STATEMENT AUG2003 0.00 25,24
STATEMENT AUG2003 0.00 137,09
STATEMENT AUG2003 O.00 57.46
STATEMENT AUG2003 0.00 198.24
STATEMENT AUG2003 0.00 34.51
STATEMENT AUG2003 0.00 24.26
STATEMENT AUG2003 0.00 4.65
STATEMENT AUG2003 0.00 45.65
0.00 527.30
AUGUST 2003 SCENE
SUPPLIES
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
0.00 2946.74
0.00 203.79
0.00 29.64
0.00 110.71
0.00 574.29
0.00 312,76
RUN DATE 09/04/03 TIME 12:29:35
FINANCIAL ACCOUNTING
09/04/03 CITY OE CUPERTINO
ACCOUNTING PERIOD: 3/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
FUND - 110 - GENERAL ~3ND
ISSUE DT .............. VENDOR ............. FUND/DEPT
09/05/03 281 GARDENLAND 1108312
1020 603584 09/05/03 298 GRAINGER INC 1108503
1020 603584 09/05/03 298 GRAINGER INC 1108830
TOTAL CHECK
1020 603585 09/05/03 3026
1020 603585 O9/05/03 3026
1020 603555 09/05/03 3026
TOTAL CHECK
1020 603586 09/05/03 1235 HIGI~K LIFE INSL~CE 110
1020 603586 09/05/03 1235 EIGHSt~RK LIFE INSURANCE 6414570
TOTAL CHECK
1020 603587 09/05/03 1410 HILLYARD 5606620
1020 603588 09/05/03 M2004 HO, ROSANNA 1100000
1020 603588 09/05/03 [42004 HO, ROSA!NNA 110
1020 603588 09/05/03 M2004 HO, ROSANNA 110
TOTAL CHECK
1020 603589 09/05/03 1981
1020 603590 09/05/03 M2004
1020 603591 09/05/03 M2004
1020 603592 09/05/03 400
1020 603593 09/05/03 ME2004
1020 603594 09/05/03 2912
1020 603595 09/05/03 1599
1020 603596 09/05/03 986
1020 603597 09/05/03 1868
1020 603598 09/05/03 1602
1020 603599 09/05/03 465
1020 603599 09/05/03 465
1020 603599 09/05/03 465
1020 603599 09/05/03 465
1020 603599 09/05/03 465
1020 603599 09/05/03 865
TOTAL CHECK
INTERSTATE TR~FIC CONTR 2708404
JENG, JOSEPH 1100000
KOUZES, JIM 2204010
LIFETIME TENNIS INC 5706450
LOPEZ, CASEY 1100000
LUCKY I & I PORTABLE SER 5208003
MANAGED HEALTH NETWORK I 1104510
MATTHEW BENDER & COMP;LNY 1101500
MAZE AiqD A~SOCIATES 1104000
MBIA MUNISERVICES COMPA~ 1100000
MOUNTAIN VIEW GARDEN CEN 1108314
MOUNTAIN VIEW GARDEN CEN 1108314
MOUNTAIN VIEW GARDEN CEN 1108314
MOUNTAIN VIEW GARDEN CEN 1108303
MOUNTAIN VIEW GARDEN CEN 1108303
MOUNTAIN VIEW GARDEN CEN 1108321
PAGE 4
..... DESCRIPTION ...... SALES TAX AMOUNT
PARTS/S~/PPLY 15883 0.00 421.18
0.00 1448.58
FY 2003-2004 OPEN PDRC 0.00
FY 2003-2004 OPEN PURC 0.00
0.00
71.38
42.24
113.62
UI~EP 1539-0004 0.00 3571.06
OE3 1539-0005 0.00 4213.44
C~ 1539-0006 0.00 6522.48
0.00 14306.98
LIFE/~2D&D SEPT2003 0.00 9968.50
LTD SEPT2003 0.00 7703.61
0.00 17672.01
SUPPLIES 0.00 366.32
REFUND EI~%NNING DPST 0.00
REFI/ND PLANNING DPST 0.00
REFUND PLANNING DPST 8.00
0.00
1410.00
50.00
400.00
1860.00
PARTS/SUPPLIES 15875 0.00 460.06
REFD B.LICENSE 11258 0.00 185.00
30 COPIES C~LENGE 0.00 400.00
SERVICE AGREEMENT FOR 0.00 54945.07
REPL~ACE CK 70298 0.00 835.45
RENTAL 0.00 92.01
EMPLYE ASSIST 9/2003 0.00 933.00
CA DEER 03 HVS 0.00 194.37
PROG BILL AUDIT 02/03 0.00 2997.50
S.TAX AUDIT QTR 3/03 0.00 1317.28
I~SCAPE SUPPLIES 0.00 38.91
LANDSCAPE SUPPLIES 0.00 30.80
LANDSCAPE SUPPLIES 0.00 32.42
I2LNDSCAPE SUPPLIES 0.00 43.76
L~SCAPE SUPPLIES 0.00 32.42
FY 2003-2004 OPEN PURC 0.00 162.11
0.00 340.42
DATE 09/04/03 TIME 12:29:36
- FINANCIAL ACCOUNTING
D
09/04/03 CITY OF CUPERTINO PAGE 5
ACCOUNTING PERIOD: 3/04 CHECK P~EGISTER - DISBY/RSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
1020 603600 09/05/03 1191 NAICA NURSERY INC 1108408
1020 603601 09/05/03 2862 NATLTRE WOK 5506549
1020 603602 09/05/03 485 NEWMAN TP~FIC SIGNS 2708405
1020 603603 09/05/03 M2004 NGUYEN, LONG QUOC 1100000
1020 603604 09/05/03 493 OFFICE DEPOT 1108601
1020 603604 09/05/03 493 OFFICE DEPOT 5706450
1020 603604 09/05/03 493 OFFICE DEPOT 1104510
1020 603604 09/05/03 493 OFFICE DEPOT 5806249
1020 603604 09/05/03 493 OFFICE DEPOT 1104400
1020 603604 09/05/03 493 OFFICE DEPOT 5806349
1020 603604 09/05/03 493 OFFICE DEPOT 5806349
1020 603604 09/05/03 493 OFFICE DEPOT 1108201
1020 603604 09/05/03 493 OFFICE DEPOT 1108601
1020 603604 09/05/03 493 OFFICE DEPOT 1108601
1020 603604 09/05/03 493 OFFICE DEPOT 1104510
1020 603604 09/05/03 493 OFFICE DEPOT 1107405
1020 603604 09/05/03 493 OFFICE DEPOT 5806349
TOTAL CHECK
1020
603605 09/05/03 494 OFFICE DEPOT CREDIT PI~ 1101500
1020 603606 09/05/03 833 P E R S 110
1020 603606 09/05/03 833 P E R S 118
1020 603606 09/05/03 833 P E R S 110
1020 603606 09/05/03 833 P E R S 110
TOTAL CHECK
1020 603607 09/05/03 2444 PACIFIC GA~ & ELECTRIC 1108830
1020 603607 09/05/03 2444 PACIFIC GAS & ELECTRIC 1108101
TOTAL CHECK
1020 603608 09/05/03 515
1020 603608 09/05/03 515
TOTAL CHECK
PACIFIC WEST SECURITY IN 5708510
PACIFIC WEST SECURITY IN 1108506
1020 603609 09/05/03 M2004 PALO ALTO YMCA 5600000
1020
603610 09/05/03 527 PENINSUL~ BUILDING MATER 1108407
1020 603611 09/05/03 526
1020 603611 09/05/03 526
1020 603611 09/05/03 526
1020 603611 09/05/03 526
1020 603611 09/05/03 526
1020 603611 09/05/03 526
1020 603611 09/05/03 526
1020 603611 09/05/03 526
PENINSULJ% DIGITAL IMAGIN 4259313
PENINSU~ DIGITAL IMF&GIN 4259313
PENINSULA DIGITAL IMAGIN 4259313
PENINSUI~ DIGITAL IMAGIN 4259313
PENINSUI~ DIGITAL IMAGIN 4269212
PENINSULA DIGITAL IMAGIN 4269212
PENINSULA DIGITAL IMAGIN 4269212
PENINSULA DIGITAL IMAGIN 4259313
DESCRIPTION ...... SALES TAX
LANDSCAPE SPLY 15882 0.00
AMOUNT
443.83
WEDNESDAY LUNCH 0.00 90.99
FY 2003-2004 OPEN PUNC 0.00
184.40
LICENSE FEE 24734 0.00 309.76
REF#214749406-001 0.00 -236.76
OFFICE SUPPLIES 0.00 135.20
COFFEE SUPPLIES 0.00 43.37
OFFICE SUPPLIES 0.00 514.47
OFFICE SUPPLIES 0.00 62.16
OFFICE SUPPLIES 0.00 58.02
OFFICE SUPPLIES 0.80 35.43
OFFICE SUPPLIES 0.80 146.36
OFFICE SUPPLIES 0.fl0 243.~1
OFFICE SUPPLIES 0.80 236.76
COFFEE SUPPLIES 0.00 43.37
OFFICE SUPPLIES 0.00 31.11
OFFICE SUPPLIES 0.00 73.05
0.00 1386.45
OFFICE SUPPLIES 0.00 57.07
SPEC & TAX DEFERRED 0.00 26267.01
NOR~ 0.00 623.87
SURVIVOR BENEFIT 0.00 117.18
EMPLOYER 0.00 7110.85
0.00 34118.91
7/24-8/21 0.00 21400.11
7/24-8/21 RICOCHET 0.00 234.18
6.88 21634.29
SERVICE C~L 8/18 8.00 110.00
SERVICE CALL 8/21 0.00 145.00
0.00 255.00
0.00 225.00
REFD ADM. OVERPAYMENT
SUPPLIES 15890 0.00 75.23
0.00 346.59
0.00 12.65
0.00 12.65
0.00 17.44
0.00 420.88
0.00 166.11
0.08 268.11
0.00 173.81
CCPARK IMPROVE pLANS
CC PARK IMPROVE PLANS
CCPARK IMPROV. PLANS
CCPARK IMPROV. PLANS
SPORTS CTR 17317
SPORT CTR IMPROV.PLAN
SPORT C7~ IMPROV.pLAN
CCPARK IMRROV. pLA~$
RT3N DATE 09/04/03 TIME 12:29:36
FINANCIAL ACCOLTNTING
09/04/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 3/04 CHECK REGISTER - DISBURSE~4ENT FUND
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
PHYLLIS BUTLER 1107301
JEFF PISERC~IO 5606640
pURCHASE POWER 1104300
QUALLS, RALPH 1108101
QUAAVfUM DESIGN 6109863
REGISTR~ OF VOTERS 1104300
REPUBLIC ELECTRIC 1108602
REPUBLIC ELECTRIC 1108602
REPUBLIC ELECTRIC 1108602
REPUBLIC ELECTRIC 1108830
RICH/~D'S TIRE SERVICE 5606620
BOB RIZZO 1108201
ROBERT ~LkLF TECHNOLOGy 6104800
ROSS RECREATION EQUIPMEN 1108315
ROYAL BR3%SS INC 6308840
ROYA~L COACH TOURS 5506549
RUBE'S PEST MANAGEMENT 1108506
RUDE'S PEST MANAGEMENT 1108321
RUBE'S PEST MJ~NAGEMENT 1108504
RUDE'S PEST MANAGEMENT 1108503
RUDE'S PEST ~ANAGEM~h~f 1108505
RUDE'S PEST ~AGEMENT 5708510
SALVATIERRA, ~t~RY ANNE 580
THE MERCURY NEWS 1106265
SANTA CLAR~ COUNTY 110
SA~A CL~ CTY SHERIFF 1104510
SANTA CLARA COUNTY SHERI 5606620
..... DESCRIPTION
CCPARK IMPROV. PLANS
CCPARK IMPROV. PLANS
GUIDE TO S.VALLEY
SERVICE AGREEMENT FOR
POSTAGE MCF2~E SUPPLY
REIMBUNSE FOR CHAIR
MONTRLY NOSTING FEE
ELECTION 11/04/03
TRAFFIC SIGNAL K~OCK D
TR~FIC SIGNAL ~I~OCK D
TRAFFIC SIGNAL KNOCKDO
LABOR/MATERIALS
TIRE REPAIR
APWA CONGRESS 8/23-26
SALES TAX
0.00
0.00
O.O0
0,00
0.00
0.00
0.00
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.O0
O.OO
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 6
AMOUNT
170.93
465.31
2054.48
18.24
1956,00
105.45
1208.07
1500.00
35000.00
2531.00
1364.00
1505.00
5490.00
10890.00
70,00
813.13
864.00
33.23
23.85
663.01
180.00
180.00
1BO.O0
180.00
180.00
175.00
1075.00
120.00
49.26
150.00
84.00
778.64
RI31q DATE 09/04/03 TI~4E 12:29:36
FINANCIAL ACCOD1TTING
3-/5-
09/04/03 CITY OF CUPERTINO
ACCOL~TING PERIOD: 3/04 CHECK REGISTER - DISBURSEMENT FI3~
SELECTION CRITERIA: transact.trans_da~e between "09/01/2003" and "09/05/2003"
FLqTD - 110 - GENEP3%L FL~TD
1020 603630
TOTAL CHECK
ISSUE DT .............. VENDOR ............. FUND/DEPT
09/05/03 633 S;~NTA CI~COLq~TY SHERI 5606620
1020 603631 09/05/03 1648
1020 608632 09/05/03 1648
1020 603633 09/05/03 2875
1020 503634 09/05/03 1690
1020 603635 09/05/03 M2U04
1020 603636 09/05/03 2051
1020 603637 09/05/03 652
1020 603638 09/05/03 2810
1020 603638 09/05/03 2610
1020 603638 09/05/03 2810
TOTAL CHECK
1020 603639 09/05/03 M
1020 603640 09/05/03 1273
1020 603640 09/05/03 1273
TOTAL CHECK
1020 603641 09/05/03 671
1020 603642 09/05/03 1421
1020 603643 09/05/03 2045
1020 603643 09/05/03 2045
1020 603643 09/05/03 2045
TOTAL CHECK
1020 603644 09/05/03 2760
1020 603644 09/05/03 2760
TOTAL UEECK
1020 603645 09/05/03 695
1020 603645 09/05/03 695
TOTAL CHECK
1020 603646 09/05/03 700
1020 603647 09/05/03 701
1020 603648 09/05/03 1564
SAVIN CORPOP~TION {SUPPL 1104310
SAVIN CORPORATION (SUPPL 1104310
SAVIN CREDIT CORP 1104310
SNOWBERGER, G~Y 580
SPORT SUPPLY GROUP, INC. 5806449
SPORT SUPPLY GROUP, INC. 5806449
STAI?D~2{D BUSINESS MACHIN 1101500
ST~ILEY STEE~4ER 1108505
SVCN 5208003
SVUE 5208003
SVCN 5208003
SW~NK MOTION PICTURES, I 1101201
SWANK MOTION PICTURES, I 1101201
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
TARGET SPECIALTY PRODUCT 1108201
TARGET STOP. ES 5305349
TEACRERS' UELPER 5806349
..... DESCRIPTION ......
SECURITY 8/17
R3720300010 8/22-11/2
H2400800225 8/13-11/1
W3720300010
STAMP CTY CUPERTINO
UTILITY TAX REFUND
Refund: Check - FALL;
WALL PADS C~LING D
WALL PADS C~LING D
REPLACE THER/~3tL SWTCH
LABOR/MATERIALS
AD 8/13/03
HAZ WILSTE AD 8/13/03
WAZ WASTE AD 8/20/03
GREEK WEDDING VIEWING
MOSTLY 5~%RTHA VIEWING
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN PUEC
REGISTRATION (5) 9/10
SUPPLIES 22945
PRESCHOOL SPLY 17287
PAGE 7
RUN DATE 09/04/03 TI~4E 12:29:36
- FINANCIAL ACCOI/bFfING
09/04/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 3/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "09/01/2003" and "09/05/2003"
CASH ACCT C~ECK NO
1020 603649
1020 603650
1020 603651
1020 603652
1020 603653
1020 603654
1020 603655
1020 603656
1020 603656
TOTAL CHECK
TOTAL CASH ACCOUNT
TOT;%L FUND
TOTAL REPORT
ISSUE DT .............. VENDOR ............. FUND/DEPT
09/05/03 736
09/05/03 310
09/05/03 746
09/05/03 750
09/05/03 774
09/05/03 2913
09/05/03 794
09/05/03 962
09/05/03 962
VALLEY OIL COMPANY 6306840
VERIZON WIRELESS 1102403
VIKING OFFICE PRODUCTS 5506549
VISION SERVICE PLAN {CA) 110
WESTER~ HIGHWAY PRODUCTS 2708405
ROBERT E. W~ITAKER 1104511
XEROX CORPORATION 1104310
LINDA YELAVIUE 5506549
LINDA YELAVICH 5506549
..... DESCRIPTION ...... SALES TAX AMOUNT
FY 2003-2004 OPEN PURC 0.00 5636.63
#608881609 AUG2003 0.00 72.36
OFFICE SUPPLIES 7249 0.00 69.74
VISION INSU~CE 9/03 0.00 2198.40
FY 2003-2004 OPEN PURC 0.O0 102.84
INVESTIGATION 03-0707 0.00 2394.38
RECYCLED PAPER 0.00 379.42
SUPPLIES 0.00 18.39
SUPPLIES 0.00 226.03
0.00 244.42
0.00 306543.08
0.00 306543.08
O.OO 306543.08
RL~N DATE 09/04/03 TIME 12:29:36
- FINANCIAL ACCOIJNTING
RESOLUTION NUMBER 03-165
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES
AND WAGES PAID ON
August 29, 2003
WHEREAS, the Director of Administrative Services, or their designated representative
has certified to the accuracy of the following claims and demands and to the availability of funds
for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law;
NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the
following claims and demands in the amounts and from the funds set forth:
GROSS PAYROLL
$ 455,121.55
Less Employee Deductions
$(120,337.98)
NETPAYROLL
$ 334.783.57
Payroll check numbers issued 70039 through 70324
Void check number(s) 69753-70038
CERTIFIED: ~2WJ~ ~
Dxrector of Admxmstrat~ve Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
RESOLUTION NUMBER 03-166
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE 1N THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES
AND WAGES PAID ON
September 12, 2003
WHEREAS, the Director of Administrative Services, or their designated representative
has certified to the accuracy of the following claims and demands and to the availability of funds
for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law;
NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the
following claims and demands in the amounts and from the funds set forth:
GROSS PAYROLL
$ 455,870.25
Less Employee Deductions
$(120,829.73)
NET PAYROLL
$ 335.040.52
Payroll check numbers issued 70325 through 70592
Void check number(s)
CERTIFIED: ~-/~~~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CUPE INO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
FAX: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
Agenda Item No. ~
SUMMARY
Meeting Date: September 15, 2003
SUBJECT
Accept the Treasurer's Budget Report - July 2003
BACKGROUND
Attached is the Treasurer's and Budget report for the period ended July 31, 2003. The
report includes all funds in control of the City.
Investments
The market value of the City's current portfolio totaled $41.06 million at July 31, 2003,
with a maturity value of $40.8 million. The City intends to hold investments until
maturity to redeem full value of the securities plus interest earnings up through the
maturity date.
Although short term agency yields finally began to rise later in the month, investment
earnings rates continued to decline through July, with funds in the Local Agency
Investment Fund (LAIF) yielding 1.65% compared to June's 1.70%, and 2.69% a year
ago. The City's portfolio as a whole yielded 2.63% in July. The City's investments in
short-term callable federal agency notes continue to be called and the funds placed with
LAIF. As a result, the average length to maturity of the City's portfolio is decreasing
along with yields. It is anticipated that the portfolio yields will converge towards the
lower LAIF return before interest rates begin to rise and other investment vehicles are
purchased. Overall, the City's current investment portfolio decreased approximately
$500,000 in July, as planned expenditures exceeded incoming revenues. Vehicle license
fee payments from the State have been delayed for the fiscal year's first quarter, creating
a $270,000 monthly an average cash shortfall from these revenues alone. Note that
investments have been laddered to maturity dates that will allow for the projected cash
flows required for the library and other capital projects.
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
Most General Fund revenues are well below budget projections at the end of July due to
the timing of major tax payments from the County and other tax revenues submitted in
the month subsequent to collection. Most July receipts were accrued back to June for a
proper 2002-03 fiscal year close. Sales tax receipts continued to decline, reflective of
general decline in taxable sales in the first quarter of 2003.
Operating expenditures have decreased four percent from July of last year, reflecting
2003-2004 budget decisions as well as departmental cost-cutting efforts.
RECOMMENDATION:
Accept the Treasurer's and Budget report for July 2003.
Submitted by:
Approved for submission:
Carol T. I~rrell'
Deputy Treasurer
David W. Knapp
City Manager
City of Cupertino
Jub,
ACTIVITY DATE ADJUSTED MATURITY MARKET UNREALIZEE
PURCHASE MATURITY DESCRIPTION REF YIELD COST VALUE VALUE PROFIT/LOSS
SECURITIES MATURED/CALLED
04/11/03 07/11/03 FHLB© 6k 2.00°A 500,125 500,000 500,083 (43)
07/15/0~i--'~ 07/15/03 FNMA© 6k 3.15°~ 2,400,000 2,400,000 2,401,903 1,903
01/30/03 07/30/03 FNMA(floater)© 6k 2.13% 1,000,000 1,000,000 1,000,526 526
SECURITIES PURCHASED
07/21/03 07/21/06 IFHLB© 6k 2.20% 500,000 500,000 (500,000)
CURRENT PORTFOLIO
CASH
06/30/03 Cup¢_rt_i~o National Bank 1,737,658 1,737,658 [ ~,737,658 0
06/30/03 Gr_e~t~_r Bay Trust Company 0 0 I 0 0
CA 1,737,658 1,737,658 ! 1,737,658 0
CORPORATE BONDS 0 0 ! 0 0
CORP _ _ 0 0 I .... O 0
06/30/03 C~_p.e~inoNatI-Sweep account 6j --0.32% 624,097 624,0~:/ 624,097
05/31/03 GBTC Money Market 6j --'~51% 270 2~-1}-- 270
o7/o-92~5I 04/15/07 FHLMC(P) - 6k 6,91% 305,5~4 ~-- 301,858 314,04~ 8,516
08/01/01I 08/01/05- FHLB(P) 6~ -- 5.38% 1,500,000 I 'i-,~00,000 1,500,000 ...... 0
09~30/93 ! 05/15/08 fHLMC(P) 6k 6.62%o, 2,912,711 ,~ 2,860,000 2,871,846 (~4~q,~6~ 5
06/28/02 'I 02/15/04 IFH~LMC(P) 6k ~ 1,317,498 ~ 1,300,000 1,329,346 I 11,848
06/28/02I 04/15/04 FHLMC(P) . 6k-- 2.81%I 1,~_08,461i i,3-~0,000 1:~32~4,622 1 "16,161
06/28/02 03/15/04 [FNMA 6k 2.84% 1,315,48~8 1,300,000 1,329,89~- 14,405
I
US GOVERNMENT-$~JRITIES ....
-- 07/01/02~ 12/31/03 rrcasur~/-Not¢ _. 6a --'-~.~5% 2,520,814 i 2,5001~1~0- 2,523,438 2,624
us [ ~ ....... I 2,$20,si4 _.2_z_~00,000 2,525,43~. . 2,624
i Aver a_g_e [ield I I 2'65%
Average Length to Maturity (in years) 0.68
City of Cupertino
July 2003
ACTIVITY DATE ADJUSTED MATURITY MARKET 3NREAL1ZE[
PURCHASE MATURITY DESCRIPTION REF YIELD COST ' VALUE VALUE PROFIT/LOS5
TR1JST & AGENCY PORTFOLIO -- I
2ERTIFICATES OF DEPOSIT:
07/27/01 [! 09/30/03 ICupertinoNatl(KesterTmst)___ 6b 2.02% 41,235 __. 41,235 41,235 ] ___ 0
rotkl Trust & Agency Portfolio 41,235 41,235 I 41,235 i 0
BOND RESERVE PORTFOLIO ....
rrallie Impact Franklin Fiducimy Trust 0.80% 19,100 19,100 19,100 1
10/15/02 Lease Payment Fund~ __ 0.39% 3,058 3,536,764 3,536,';/~64 I 3,533,706
10/15/02 kAIF Bond Account 1.65% 16,014,527 16,014,527 16,014,527 1
10/15/02 ..... _We~lls Fargo Money Mkt 0.40% 681
total Bond Reserve Portfolio 16,017,585 19,551,291 19,551,291 ! 3,533,706
Investments by Type
Managed Portfolio
Mortgage Obligation
39%
Market Cash
3% 4%
4.00%
3.50%
3.00%
2.50%
2,00%
0,50%
Rate of Return Comparison
6/02 7/02 8/02 9/02 10/02 11/02 12/02 1/03 2/03 3/03 4/03 5/03 6/03 7/03
COMPLIANCE WITH INVESTMENT POLICY
City of Cupertino
July 31, 2003
Category Standard Comment
Treasury Issues No limit Complies
US Agencies (eg FHLMC) No limit Complies
Medium Term Corporate Bonds/Notes 30% with A rating Complies
LAIF ;40 million Complies
Money Market Funds 20% Complies
Maximum Maturities 25% up to 15 years Complies
" Remainder up to 5 years Complies
Per Issuer Max 10% (except govts) Complies
Bankers Acceptances 180 days & 40% Complies
Commercial Paper 270 days & 25% Complies
Negotiable Certificates of Deposit 30% Complies
Repurchase Agreements 365 days Complies
Reverse Repurchase agreements Prohibited Complies
City of Cupertino [ . I
General Fund Budget Report
: Actual Actual % of Budget
7/31/03 2002/03 Budget 12003/04 Budget Y_TD 07-31-02 YTD 07-31-03 Over/Under Analysis of Trends
Taxes:
Sales Tax 10,000,000 10,400,000 443,_5.50 - 403,850 -53.40%
Property Tax ~ 3,700,000 3,800,000 -100.00% Payments rec'd Nov - Jan & Apr-June
Transcient Occupancy 1,665,000 1,675,000 [ -100.00% I'OT for July not received until August
Utility Tax 2,620,000 2,750,000 22,469 16,377 -92.85%
Franchise Fees 2,200,000 2,__300,000 -100.00% Payments rec'd in subsequent month
Other Taxes 1,250,000 1,260,000 _ 65,372 60,455 -42.42%
Licenses and Permits 1,182,0001 1,630,000 155,586 159,315 17.29%
Use of Money & Property 1,370,000 ' i 500 000 _ 125,66~ 163,253 30.60% Includes interest fi.om bond proceeds
lntergovernmentul 3,799,905 3,330,000 270,268 2,563 -99.08% Vehicle license fees delayed from state
Charges for Services 381,25.0 410,000 20,794 ~ 39,016 ~ 14.19%
Fines & Forfeitures 600,000 600,000 i 17,762 -100.00%
Other Revenue 16,855,600 _40,000 3,229 924 -72.29% 02-03 budget includes-a~dd--it~>nal debt proceeds
Total Revenue ~ 29.695.000. ~ 845.753 -65.82oA
Operating Expenditures: i - ~
Administrative 1,57_8,736 i ,322,305 78,838 49,622 ~ 254~97% Prior year includes $25,500 payment for public' a~ss'
Law Enforcement 6,325,411 6,527,7~i 493,723 490,834' -9.77%
Commanity Service 765,602 797,888 ~ 42,322 _ _6_1~.272 -7.83% Cupertino Scene po~stag~e pd in lump sum this year
Administrative Service 3,679,871 3,947,782 59~3,~852 581,655 __76-80% Insurance Premiums ($336k) pd at begint~_[n~g of fiscal year.
Recreation Service 2,254,911 2,178,431 159,549 1 ~2~2,401 -32.57% Prior year 4th of July = $30,000
Community Development ),525,796i 2,698,5181 9~5,_0~ 2 85,564 -61.95%
Public Works 9,159,072 9,139,278 428,098 _~2~,221 -44.69%
Total Expenditures ~ 26.611.923 ~ 1.812.579 -18.27%
Operating Transfers In 250,000 ~,425,000 ! 143,750 118,750 0.00%
Operating Transfers Out { -25,497,000~. -4,955,000 _~ -2,228,500 _-4__1~2,917 0.00% 2002-03 Budget included transfers to CIP for New Library
Net Income/Loss I ~I 446.923! ~ ~
500,000
450,000
Revenue Comparison
400,000
350,000
300,000
250,000
300,000
t $0,000
100,000
OD,O00
0
1 2 3 4 5 6 7 8 9 10 11 12
IYTD 07/32/02
mYTD 07/31/03
I Sales Tax
2 Property Tax
3 TOT
4Utility Tax
5FranchiseFees
6Other
Expenditure Comparison
700,(~0
1 2 3 4 5 6 7
1 Administrative
2 Law Enforcement
3 Community Service
4 Administrative Service
5 Recreation Service
6 Community Development
7 Public Works
City of C_upert_ino
Stmunary of Budget Transfers
Budget Revenue [ Expenditure
Description Acct # 4 Adiustment Budget i Budget
2003/04 ADOPTED BUDGET .............. ~ 44,3o9,0001 44,746,826
2002/03 CARRYOVER: i I
Encumbrances various ' 3,864,187 3,864,1~8_~
Department carryovers various 225,760 225,760
Project carryovers various 28,037,866 1,200,000 28,037,866
REVENUE ADJUSTMENTS:
EXPENDITURE ADJUSTMENTS: I
Cra-fy over law enforcement grants ~ 110-2401-7014 85,156 85,156
Carry over law enforcement grants 110-2402-7014 15,110 ! 15,110
2002/03 ADJUSTED BUDGET i 45,509,000! 76,974,906
Capital Projects
6/30/03
Fund I
Proj# Desedpti~n C/O enc C/O budqet J Adopted chanqe Total Budqet Encumbrance Expenditure ' Current Bal. i s~tus
11c 9215 Department remodel 14,942.50 0.00] 14,942.50 0.00 14,942.50', 0.00 Closed
21~ 9612 Minor Storm Drain Improv 9,300.00 132,290.09 I 71,507 213,097.09 9,102.90 178,773.19', 25,221.40 Open
215 9620 Storm Drain Projects 0.00 1,024,304.32 I 75,000 1,099,304.32 27,073.00 117,467.26 954,764.06 Open
270 9411 W.Stev Creek bike lane 0.00 20,965.00 I 20,965.00 ' 20,965.00 Closed
278 9412 S.Ste~ling bikelane 0.00 24,712.00I~ 24,712.00 J 24,712.00 Closed
270 9413 De Anza bike lane 0.00 40,523.00 i 40,523.00 40,523.00 Closed
270 9430 Stev Canyon Rd widening 1,078,616.99 i 989,322.46 (4,011.81) Open
25,510.30 1,104,127.29 118,816.64
270 9431 StevCrk/BlaneyT/Smedificatien 11,330.89 0.00I 11,330.89 0.00 4,632.58 6,698.31 Closed
270 9432 Hmstd bellevflle T/S medif. 0.00 75,000.00 J 75,000.00 75,000.00 Open
270 9435 Neighborhood traf calming 8,230.00 6,120.00 I 100,000 114,350.00 39,031.64 9,884.38 65,433.98 Open
270 9436 StevCrkTrail Bike facilif~es 0.00 30,219.00 ~ 30,219.00 30,219.00 Open
270 9438 Miller Ave bike facilities 0.00 131,006.60 131,006.50 131,006.50 Closed
270 9440 Wo~febike facilitiyimprov 11,890.43 122,776.68 134,667.11 5,022.70 129,644.41 Closed
270 944' Bike detection enhancecnent 0.00 19,659.00 19,659.00 19,659.00 Closed
270 9443 Bo~linger Rd bike facili[y ~rnprov. 86,119.35 249,840.52 335,959.87 14,959.81 131,056.771 189,943.29 Open
270 9446 DeAn~a/StevCrk crossweik e~h. 0.00 200,000.00 (200,000', 0.00 31,425.15 0.00 iClosed
270 9447 Mary Avonue gateway 33,258.59 156,841.52 (50,000~ 140,100.11 17,476.07 91,198 89~,Open
270 9448 Fco~ill bird bike lanes 86,450.00 99,341.95 ~. 185,791.95 0.00 91,602.00 94,189 95[Cosed
270 9449 MaryAvonue Footbridge 0.00 389,877.15 633,864 1,023,741.15 25,000.00 146.37 998,594 78 Opon~
270 9450 Pavernent Management 67,300.00 29.45 750,030 (100,00C 717,329.45 501,369.15 202,505.05 13,455 25 Opan
270 9531 Ramp meter signal 280/85 389,233.43 80,209.00 469,442.43 312,131.21 87,102.22 70,209.00 Opan
270 9532 SR85/StevCrkT/S rnedificatio~ 0.00 49,378.49 49,378.49 49,378.49 Open
270 9701 Sidewalk gaps unirnpw areas 0.00 0.00 75,000.00 76,000.00 75,000.00 Open
270 9702 Cib/wide bike parking facilities 0.00 51,789.00 51,789.00 51,789.00 Opa~
280 9213 McClallan Ranch bldgirnprov. 0.00 211,652.00 211,652.00 211,652.00 Open
420 9108 Park Renovations 0.00 72,545.84 72,S45.84 0.00 72,545.00 0.84 Close(
420 9113 StevCrktrailrnasterplan 0.00 6,260.70 6,260.70 6,260.70 iOpen
420 9115 Skate Park 0.00 401,953.40 i (220,000.00) 181,953.40 181,95340 iOpan
420 9116 .'~an Thomas trail improvernents 21,807.60 427,101.90 i 184,000.00 (150,000.00) 482,909.50 43,326.09 385,888.81 . 53,694.60 '~Opan
420 9117 .~tev Crk Trail master plan study 74,734.84 20,976.00 I 95,710.84 16,036.49 58,942.32 ~. 20,732 03 iOpen
42C 9118 Jnic~ Pacific RR trail 0.00 4,313.87 4,313.87 i
4,313.87 Closed
42C 911~ ~ortaVWilson park improvernont 0.00 564,060.05 9,0oo.oo 573,060.05 302,828.60 224,091.51 I 46,139 94 IOpan
42c 9121 Memorial park softball find impv. 0.00 0.00 25,000.00 25,000.00 22,154.45 2S 000.00 iOpen
42{~ 9216 Service center expanison 41,888.00 67,831.00 109,719.00 66,538.00 21,026.55 iOpan
42(~ 921~ Animal control facility 0.00 500,000.00 (500,000.00) 0.00 I 0.00 IClosed
42~ 9223 Civ~c center improvements 0.00 199,953.03 1,800,000.00 500,000.00 2,499,953.03 5,680.00 46,390.11 i 2,447,882.92 iOpen
426 9224 Civic conter plazaimprovernents 0.00 63,979.75 i 900,000.00 963,979.75 0.00 26,857.03 i 937,122.72 iOpen
, 21,849.13 Closed
420 9524 DeAnza/StevCreekartefial rn_gmt 0.00 21,849.13 i 21,849.13
420 9527 Hemestead/TantauT/S upf)rade 3,733.00 172.15 [ 3,905.15 0.00 0.00 3,905.15 Closed
420 9528 280/~Nalfe t raf fic safety improv. 302,574.31 82,434.64 385,008.95 23,261.69 256,617.43 105,129.83
420 9530 Phase III Hmstd arterial mc~lrnt 0.00 43,540.90 43,540.90 0.00 43,540.90
Capital Projects
6/30/O3
Fund Pro{# Description CIO eric C/O budqet Adeotad chanae Total Budaet Encumbrance E~penditure Current Bal. Status
420 9533 Green LED T/S lighta 10,459.86 261,036.00 271,495.86 260.26 10,199.60 261,036.00 Open
420 9534 Advanced ITS De Anza bird 30,055.47 675,536.00 705,591.47 661,016.83 22,656.05 i 21,918.59 iOpen
420 9535 Adaptive traf ccntrd system 635,356.48 300,561.00 935,917.48 344,064.77 291,291.71 i 300,561.00 iOpen
420 9536 St~ling corridor TlS upgrade 0.00 4,901.97 4,901.97 i 4,901.97 ~ Closed
420 9537 BubbcoredorT/S upgrade 0.00 3,063.72 3,063.72 i 3,063.72 iCIosed
420 9538 Pruneedge corriderT/S upgrade 0.00 4,~01.97 4,901.97 4,901.97 Closed
420 9539 Welf~Prunetidge T/S upgrade 0.00 4,595.58 4,595.58 i 4,595.58 l~Closed
420 9541 School traffic calmin~g measure 163,430.68 21,902.95 185,333.63 0.00 137,647.08 I 47,686.55 Open
420 9544 Safe routes CHS 500,000.00 500,000,00 500,O30.O0 Open
420 9545 T/S upgrades various locations 0.00 0.00 300,000.00 (150,000.00 150,000.00 150,000.00 Open
420 9546 Traf operation center facilities 0.00 0.(30 2O0,000.O0 200,000.00 24,173.19 46,257.50 129,569.31 ~Open
42(; 9547 Yellow peal LED T/S upgrades 0.00 0.00 140,000.00 140,000.00 i 140,000.00 ',Open
42C 9548 Traf st walkability mods facility 0.00 0.00 100,000.00 (95,000.O0) 5,000.00 0.00 i 5,000.00 iOpen
42(; 9703 Apple public art 100,000.00 (100,000.00) 0.00 [ o.o0 rclosed
423 9222 Ubra~yconstruction 1,725,520.72 1,720,866.03 17,600,000.00 21,046,386.75 738,564.99 2,802,967.57 i 17,504,854.19 iOpen
424 9210 SeniorCentar Expansion 10,952.00 34,483.47 45,435.47 0.00 12,748.60 32,686.87 Closed
425 9313 Four Season Comer 0.O0 412,074.95 662,000.00 1,074,074.95 15,141.82 132,920.66 926,012.47 Open
425 9314 Four Season Art Sculpture 0.O0 143,788.00 143,788.00 I~,~Poo0 21,568.O3 0.O3 Open
426 9212 SportsCtr.fitnessex~)ansion 0.00 1,629,918.91 711,000.00 2,340,918.91 72,560.59 376,385.60 1,891,972.72 Open
560 9105 Blackberry Farm 0.O0 451,882.65 75,000.00 526,882.65 0.00 35,451.03 491,431 62 Open
560 9112 E~BFmasterplanstud¥ 34,000.0O 116,000.00 160,000.O3 10,375.10 68,131.81 71,493.09 Open
I 6,915,594.50 29,775,483.73 '
l-otel 4,851,185.14 12,004,530.53 i 24,402,371.00 1,056,000.00! 40,202,086.67 3,511,008.44
DRAFT
RESOLUTION NO. 03-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING DESTRUCTION OF CERTAIN
RECORDS (CITY MANAGER'S OFFICE)
WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02-
037 establish rules and regulations for records retention and destruction; and
WHEREAS, it has been determined that certain records in excess of two years old
no longer contain data of any historical or administrative significance; and
WHEREAS, the departmental request for permission to destroy all said records in
excess of two years old has been approved by the City Clerk and the City Attorney
pursuant to Resolution Nos. 8894 and 02-037;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino authorizes destruction of the records specified in the schedule attached hereto.
PASSED AND ADOPTED at a regular meeting of the City CoUncil of the City of
Cupertino this 15thday of September 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CUPE INO
City Hall
10300 Tone Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
To:
From:
Subject:
Date:
OFFICE OF THE CITY CLERK
MEMORANDUM
Dave Knapp, City Manager; Carol Atwood, Director of Admin/strative Services; Therese Smith,
Director of Parks and Recreation; Steve Piasecki, Director of Community Development; Ralph
Qualls, Director of Public Works; Sandy Abe, HR Manager; Charles Kilian, City Attorney;
Kimberly Smith, City Clerk.
Grace Johnson, Deputy City Clerk
RECORDS FOR DESTRUCTION
August 26, 2003
Listed on the attached sheets are records, which are in excess of two years old and can therefore be destroyed in
accordance with the City's records retention schedule. Please review the list and contact me if you believe any
of these files are of historical or administrative significance and should not be destroyed. If approved, a
resolution authorizing destruction will be on the council agenda~, for Sept_emb~ 2, 2003.
Ci~~/( Date IC :f;~~ ~D~ee~~'~
NO OBJECTION TO DESTRUCTION:
~-l'~Dir. of Public '~rks[ k~) Date
Dir. of Administrative Services
~ of Parks & Recreation Date
Encls: City Manager files
PrintedonRecycledPaper ~--'0~
No. (to be used File Name, Project name
for microfiche or Developer
card #)
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimherly Smith or Grace Johnson
Page: _ of - File Name: August 25, 2003
Resolution which authorized destruction:
File Number, Resolution, [ Subject, Application, Address or Location
Ordinance, ApplicationI Permit (if any)
Number
Date ranges Enter
(or most M = to be microfilmed
recent date)D = to be destroyed
REQUIRED
Vallco Park Traffic 26.2 Copy of agreement 1974 D
Reduction Study for engineering
(Contract of original services
study)
Seven Springs Ranch 20.9 Copy of Certificate 1983 D
of Completion for
reorganization
No. De Anza Blvd. 7.6 Staff report, 1976 D
Assessment District engineers report,
and improvement
bond for Project
No. 76-14
Environmental 10.2 Initial study for 21- 1983 D
Review Committee EA-83, Application
No. 2-GPA-83
Sobrato-Berg 424 Staff report 1978- D
Properties regarding various 1984
applications
Specifications for 1965 D
Cupertino City Hall
Los Altos Garbage Copy of agreement 1959- D
Company between Los Gatos 1962
and Los Gatos
Scavenger
Company
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Depafanent: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: __ of__ - File Name: August 25, 2003
Resolution which authorized desla-uction:
No. (to be used I File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges Enter
for microfiche[ or Developer Ordinance, Application Permit (if any) (or most M = to be microfilmed
card #) Number recent date) D = to be destroyed
REQUIRED
Book titled, 1983 D
"Results of
interconnecting
traffic signals along
arterials in a small
community"
Supplement to 1966 D
Master Plan of 1961
Cupertino Water
System
City of Cupertino 1966 D
Water Department
Financial Report
City of Cupertino 1964 D
Water Department
report on
examination of
accounts
City of Cupertino 1961 D
Storm drainage
general plan
Page
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
RECORDS INVENTORY FOR MICROFILIvIING OR DESTRUCTION
Depamnent: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: __ of - File Name: August 25, 2003
Resolution which authorized destruction:
File Number, Resolution, Subject, Application, Address or Location
Ordinance, Application Permit (if any)
Number
Date ranges Enter
(or most M = to be microfilmed
recent date)D = to be destroyed
REQUIRED
Vallco Park 26.1 Plat of proposed re- 1973 D
design of Vallco
Fashion Park,
schedule of
projected revenues
form the smaller
center, letter to the
mayor and
councilmen, list of
modifications of
former Super
Regional Shopping
Center to reduce
scale and impact
from Walter P.
Ward, General
Manager; traffic
impact study; Land
Use Element of an
EIR;
Seismic Safety 20.5 Correspondence and 1977 D
Element preliminary copy of
the geotechnical
background report
for the seismic
safety element of
the City of
Cupertino
Page
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of - File Name: August 25, 2003
Resolution which authorized destruction:
File Number, Resolution,
Ordinance, Application
Number
Subject, Application, [ Address or Location
Permit I (if any)
Date ranges
(or most
recent date)
M = to be microfilmed
Enter
D=tobe des~oyed
REQUIRED
Glenoaks Park Villas Letter from City 1976 D
Association Manager regarding
sound-off and
photographs
Hillside Study 20.2 Hillside General 1976 D
Plan/Environmental
Impact Report and
correspondence
from Planning
Director to CC
Analysis of Water 1962 D
Department Report
on operations and
financial condition
Memorial Park 19.9 Preliminary cost 1972 D
estimate,
correspondence
Wilson Park Site 23.7 Maps, 1965- D
(Paganini or Price) correspondence, 1967
copies of resos.
1182, 1181,1180,
copy of agreement
for sale of real
property
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page:. of - File Name: August 25, 2003
Resolution which authorized destruction:
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
File Number, Resolution,
Ordinance, Application
Number
Subject, Application, Address or Location
Permit (if any)
Date ranges
(or most
recent date)
M - to be microfilmed
D = to be destroyed
General Plan 2700.1 Economic study of 1984 D
the feasibility of a
100 percent
residential
development of the
Mariani Cupertino
property
Annexations - 15,000.4 Petitions for and 1956 D
Stelling 1-C against annexation
Streets and Highways 15,110.3 Barricade of Old 1961 D
Old Steven's Creek
Road - maps and
aerial photos
City Hall Space Memos and map 1971 D
Requirements (as
submitted by Dept.
Heads)
Annexations - Quito 15,000.3 Description and ? D
2-C map only
Annexations - Quito 15,000.2 Correspondence, 1956 D
1-C Proposed petition, and posting
affidavits
Annexations - Bubb 15,000.1 Map and ? D
-1 description only
Page
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of - File Name: August 25, 2003
Resolution which authorized destruction:
File Number, Resolution;
Ordinance, Application
Number
Subject, Application, Address or Location
Permit (if any)
Date ranges
(or most
recent date)
M -- to be microfilmed
Enter
D -- to be destroyed
REQUIRE1)
Crossroads 307 Request for 1973- D
Assessment District cancellation of 1978
taxes and copy of
reso. 3101-65, map
& description
Signals Miller, 15,100.2 Bids 1961 D
Blaney, & Stevens
Creek
Streets & Highways - 15,110.1 Map 1960 D
Freeway map
(Junipero Serra)
Cross section at
Highway 9
Signals - Homestead 15,100.1 Map and 1962 D
& Stelling Rd. description of work
Basement remodeling 7.6 Correspondence and D
E.O.C. map of City Hall
construction
Hillcrest Road 7.19 Correspondence 1975 D
regarding street
improvement
Page
cu e nno
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 77%3223
FAX: (408) 777-3366
www.cupertino.org
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No. -~
Meeting Date: September 15, 2003
SUBJECT AND ISSUE
Accept resignation of Fine Arts Commissioner Rita Young and arrange to fill the unscheduled
vacancy in January.
BACKGROUND
Commissioner Rita Young was serving her second term on the Fine Arts Commission, which
expires on January 15, 2006. She resigned as of September 1, 2003, and the letter of resignation
is attached.
Staff recommends that the unscheduled vacancy be filled in January, for which a large outreach
effort will begin in late October. City Council will also interview applicants in Janua~ for the
Bicycle Pedestrian Advisory Commission, Cupertino Audit Committee, Cupertino Housing
Commission, Parks and Recreation Commission, Public Safety Commission, and
Telecommunications Commission
STAFF RECOMMENDATION
Staff recommends the following:
1. Accept the resignation of Commissioner Rita Young; and
2. Direct staff to fill this vacancy in January 2004.
Submitted by:
Approved for Submission:
David W. Knapp, City Manager
Rita Young
22632 Atcatde Road
Cupertino, CA 95014
September 1, 2003
Mayor Michaet Chang ~t Members of City Councit
Cupertino City Ha[[
10300 Torre Avenue
Cupertino, CA 95014-3232
Dear Councit,
I am writing, regretfutty, to resign from the Fine Arts Commission. Due to business reasons and
some hardship w~th devetoping our property in Cupertino, my ramify is moving to Fremorlt,
Catifornia. With contacts and interests here and a thriving business in Saratoga, I expect to
continue enjoying the wonderfut things about Cupertino that have become so fam~har, as weft
as to support the new City Center and enjoy our first major piece of pubEc art.
I have truty enjoyed serving 2 ~ terms on the Fine Arts Commission. Upon tearing, I'd like to
give a finat ~ptug' for pubtic art in Cupertino. As a business owner of a visuat art concern,
having re~u[ar contact w~th votumes of parents throughout Siticon Vatiey, I can tett yEu this
city is comprised of an enormous population of art minded cuttures of peopte that Ntt feet
greaJ;ty served by seeing more public art in the City. Public art is a constant ~visua(' reminder
that the city promotes art and cutture and what nicer way is there to say we care about where
we Eve. '
Sincerety,
cc: Kimber[y Smith
RESOLUTION NO. 03-168
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO DESIGNATING SEPTEMBER 28 OF EACH YEAR
AS CONFUCIUS DAY, AND ON THAT DAY THE CITY SHALL
RECOGNIZE AND HONOR TEACHERS FOR THEIR DEDICATION
AND HARD WORK
WHEREAS, Confucius was a great sage, a great educator, and one of the most influential
and respected philosophers in world history; and
WHEREAS, Confucian ideals have been a cornerstone for the development of culture,
society, government, and education in many countries throughout history and the world; and
WHEREAS, the fundamental belief of Confucian ideology is "humanity," a belief that
people posses qualities, such as morality and benevolence, which distinguish them fi.om animals;
and
WHEREAS, Confucian philosophy advocates filial piety, loyalty, and reciprocity, which
are qualities that are universally honored; and
WHEREAS, Confucius, as a teacher, believed people have integrity and dignity and are
equal and educable; and
WHEREAS, Confucian teaching holds that there is abundant potential in each student,
that there are no class distinctions, and that by nature all people are one and the same; and
WHEREAS, Confucian doctrine tells us that the interaction between teacher and student
is one of the most important relationships, promoting mutual trust, honor, and respect; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino,
declares that September 28 of each year shall be designated as Confucius Day, and on that day
the city shall recognize and honor teachers for their dedication and hard work.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CUPEP TINO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3210
FAX: (408) 777-3366
Website: www.cupertino.org
PARKS AND RECREATION DEPARTMENT
Agenda Item Number
STAFF REPORT
Agenda Date: September 15, 2003
SUBJECT AND ISSUE
Acknowledge a fee waiver expenditure in the amount of $10,294.00 for the Moon
Festival of Silicon Valley's event that was held August 30 and 31, 2003, at Memorial
Park.
BACKGROUND
The Moon Festival of Silicon Valley is a nonprofit organization that scheduled its annual
festival for Saturday and Sunday, August 30 and 31. The event was held at Memorial
Park. The breakdown of costs is:
1)
2)
3)
4)
5)
6)
7)
Cupertino Room $2,080.00
Social Room 900.00
Conference Room 650.00
Amphitheater 440.00
Public Works Staff 3,300.00
Parks & Recreation Staff 758.00
Santa Clara County Sheriffs 2,166.00
FESTIVAL TOTAL $10,294.00
STAFF RECOMMENDATION:
No Council action is necessary. Funds for this purpose were included within the 2003-04
budget. Council will receive reports on the cost of special events throughout the year.
SUBMITTED BY:
APPROVED FOR SUBMISSION
TO CITY COUNCIL:
~herese Ambrosi Smiti~, Director
Parks and Recreation
Dav~dr~W. ~a/p
City Manager
CiW Hall
10300 Tone Avenue
Cupertino, CA 95014-3955
Telephone: (408)777-3210
FAX: (408) 777-3366
Websit¢: www.cupertino.org
PARKS AND RECREATION DEPARTMENT
STAFF REPORT
Agenda Item Number
Agenda Date: September 15, 2003
SUBJECT AND ISSUE
Acknowledge a fee waiver expenditure from the Iranian Federated Women's Club and Payvand
Cultural School related to its Seventh Annual Iranian Arts and Cultural event scheduled at the
Quinlan Community Center on Sunday, September 28, 2003, in the amount of $4,116.50.50.
BACKGROUND
This art and cultural event will include a variety of commnnity activities such as dance, music,
and food. Associated costs for this event are:
Quinlan Center $4,116.50
STAFF RECOMMENDATION
No Council action is necessary. Funds for this purpose were included within the 2003-04 budget.
Council will receive reports on the cost of special events throughout the year.
SUBMITTED BY: APPROVED FOR SUBMISSION
TO CITY COUNCIL:
Therese Ambrosi Smith, Director
Parks and Recreation Department
David W. Knapp, City Manager
Printed on Recycled Paper
RESOLUTION NO. 03-169
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM JO S. MAJOR AND DIANN M. MAJOR,
HUSBAND AND WIFE, AS JOINT TENANTS, 10260 STONYDALE DRIVE,
APN 326-37-027
WHEREAS, Jo S. Major and Diann M. Major, husband and wife, as Joint Tenants, have
executed a "Quitclaim Deed and Authorization", which is in good and sufficient form,
quitclaiming all their rights in and authorizing the City of Cupertino, County of Santa Clara,
State of California, to extract water from the underground basin, underlying that certain real
property situate in the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, 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 15th day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
/
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-37-027
10260 Stonydale Drive
Jo S. Maior and Diann M. Maior~ husband and wife, as Joint Tenants, hereinafter
referred to as the "GRANTOR", this vQ_(J dayof J~'At~,~t,, ,X'~ ,2003,
hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the
CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the
"GRANTEE", its successors and assigns, 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 Lot 19 of that certain subdivision of real property situate in the
County of Santa Clara, State of California, and specifically described in the map thereof
filed in the Office of the County Recorder of the County of Santa Clara on the 25th day
of April 1960 in Book 119 of Maps at Parle 32, 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 authorize GRANTEE, its successors and assigns, on behalf of the
GRANTOR and its successors in ownership of overlying lands in the said lots to take
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 authorization is made for the benefit of Lot 19
within the above described subdivision and shall bind the owner of said lot within said
subdivision.
1N WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
Jo S. Major
Diann M. Major
(Acknowledgment and Notarial Seal Attached)
~ ~ ~nto CI~ Coun~ ~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
Countyof
On ~ ~ ~
Date Name and ~tle of Offi~r (e.g., "Jane Dee, Notaw Public")
personally appeared
Name(s) of Signer(s)
~ersonally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(les), and that by
his/her/their signature(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.
OPTIONAL
Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Padner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
1994 National No,ar7 Associaaon · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park. CA 91309-7184
Prod. No. 5907
RESOLUTION NO. 03-170
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM ROGER LOW AND JING-LING LOW,
HUSBAND AND WIFE, AS JOiNT TENANTS TO AN UNDIVIDED 1/3 INTEREST, AND
SHERMAN TUAN AND YUN ZHENG, HUSBAND AND WIFE, AS JOINT TENANTS TO
AN UNDIVIDED 1/3 iNTEREST, AND SHENG HWA HO AND WEI-TAI-FEN HO,
HUSBAND AND WIFE, AS JOINT TENANTS TO AN UNDIVIDED 1/3 INTEREST, AS
TENANTS IN COMMON, 22291 JANICE AVENUE, APN 357-01-017, -018
WHEREAS, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an
undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to
an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint
Tenants to an undivided 1/3 interest, as tenants in common, have executed a "Quitclaim Deed
and Authorization", which is in good and sufficient form, quitclaiming all their rights in and
authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water
from the underground basin, underlying that certain real property situate in the City of Cupertino,
more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, 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 15th day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-01,017 & 357-01-018
22291 Janice Avenue
Roger Low and Jing-Ling Low, husband and wife~ as Joint Tenants to an undivided
1/3 interest, and Sherman Tuan and Yun Zheng~ husband and wife~ as Joint Tenants
to an undivided 1/3 interest~ and Sheng Hwa Ho and Wei-Tai-Fen Hot husband and
wife~ as Joint Tenants to an undivided 1/3 interest, as tenants in common, hereinafter
referred to as the "GRANTOR", this 25th day of July ,2003, hereby grants,
bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTiNO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the rights, titles, interests, estates, claims and demands, 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 Califomia, and
specifically described as follows:
SEE ATTACHED EXHIBITS "A" AND "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 wa~er 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.
//D-oq
This assignment, conveyance and authorization is made for the benefit of 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.
~ Yun Zheng
/J-~ S~eng H~.a Ho .~
OWNERS:
f Jing-~n~ Low'F-~
(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR
UNDERGROUND WATER RIGHTS TO THE
CITY OF CUPERTINO, CALIFORNIA
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being all of Lots 58
and 66 and the westerly 80 feet of Lots 57 and 67 of "Map of
Inspiration Point, Monta Vista", which map was filed on April 17,
1917 in Book (Volume) "P" of Maps at page 18, Santa Clara County
Records.
Refer to Exhibit "B", PLAT,
description.
Date: April 23, 2003
APN: 357-01-17 & -18
City file No. 52,355
Address: 22,291Janice Ave.,
which is made a part of this
Cupertino
0 ~
EXHIBIT "L~"
PLAT ~F d)U/-/'CLA I/~ DEED
Ts TH~ C/T~ OF CuPE~/~o,
Jib- ~-
STATE OF California
COUNTY OF Santa Clara
On July 17, 2003
before me, Joan Lamborn, Notary Public
(Name, Title of Officer)
personally appeared Yurt Zhen.q and Sherman Tuan and Danny Lee
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
(S~r~ Public)
E /'~ ~ ~'~a Commission # 13
~ ~¢ ~u,/ ~ubl~c - California
~ ~_ ~ lara County
(This area for notarial seal)
STATE OF California
COUNTY OF Santa Clara
On July 25, 2003
before me, L. Fredericks
(Name, Title of Officer)
personally appeared Roger Low and Jinfl-Linq Low
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the
instrument.
WlTN~my hand and, official seal.
(Signature of Notary Public)
(This area for notarial seal)
EXHIBIT "A"
DESCRIPTION OF A PORTION
JANI CE AVENUE
OF
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the southerly
10 feet of Lot 66 and the southerly 10 feet of the westerly 80
feet of Lot 67 as shown upon "Map of Inspiration Point, Monta
Vista", which map was filed on April 17, 1917 in Book (Volume)
"P" of Maps at page 18, Santa Clara County Records, being more
particularly described as follows:
Beginning at the southwesterly corner of said Lot 66 on the
northerly line of Janice Avenue;
Thence along said northerly line N89°51'47"E 180.12 feet to the
easterly line of said westerly 80 of Lot 67;
Thence along said easterly line, N0°16'17"E 10.00 feet;
Thence along a line parallel with the centerline of Janice Avenue
and distant therefrom 30.00 feet, right angle measure,
S89o51'47"W 180.12 feet to the westerly line of said Lot 66;
Thence along said last-named line S 0°16'40"W 10.00 feet to the
point of beginning.
Containing 0.0413 of an acre, more or less.
Refer to Exhibit "B", PLAT, which is hereby made a part of this
description.
Date: April 23, 2003
APN: 357-01-17 & -18
City File No: 52355
Address: 22,291Janice Ave.
Cupertino
STATE OF California
COUNTY OF Santa Clara
On July 17, 2003
before me, Joan Lamborn, Notary Public
(Name, Title of Officer)
personally appeared Yun Zhenq and Sherman Tuan and Danny Lee
personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the
instrument the person(s}, or the entity upon behalf of which the person{s} acted, executed the
instrument.
WITN~
(StOic)
Commission # 1383505
Notary Public - California
My C~. E~ires Nov 13, ~
(This area for notarial seal)
AVE -
£XF//Z I T
,0£01£,4 TI,Od
UTILITI~5
CITY' OF
OaPe: /?~ZL
AP,'./.' 357-01-
cz-n( F--/L~_:
,_fi CdL E '.
ADoS. E55:
STATE OF California
COUNTY OF Santa Clara
On July 25, 2003
before me,. L. Fredericks
(Name, Title of Officer)
personally appeared Roger Low and Jinq-Lin.q Low
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(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.
(~gnl]ture of Notary Public)
L FREDERICKS
COMM. # 1284524
(This area for notarial seal)
DRAFT
RESOLUTION NO. 03-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
YUVAL SCARLAT, 11477 LINDY PLACE, APN 326-50-034
WHEREAS, Yuval Scarlat has executed a Grant of Easement which is in good and
sufficient form, conveying to the City of Cupertino, Grantee, an easement for public utility
purposes over the property situate in the City of Cupertino, County of Santa Clara, State of
California, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made
a part hereof.
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, located at 11477 Lindy Place, APN 326-50-034.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so
tendered; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record said
Grant of Easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15'h day of September, 2003, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
GRANT OF EASEMENT
FOR
PUBLIC SERVICES
APN: 356-24-004
11477 Lindy Place
Yuval Scarlat~ hereinafter called Grantor, hereby grant(s) to the CITY OF CUPERTINO, a
municipal corporation, hereinafter called Grantee, the right to excavate for, install, maintain and
use PUBLIC SERVICE EASEMENT as Grantee shall from time to time elect within the
hereinafter described property of certain premises which are situate in the City of Cupertino,
County of Santa Clara, State of California, and described as follows:
(See Exhibit A & B)
Grantor hereby further grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hereinabove described strip for the purpose of locating,
constructing, repairing or maintaining said PUBLIC SERVICE EASEMENT for the purpose of
doing any necessary or lawful act in connection with the construction or maintenance of said
EASEMENT; there is also granted the right of the use of sufficient land contiguous to said strip
on either or both sides thereof for the purposes of excavation of and deposit of earth and
necessary building material during the time of constructing said EASEMENT and any repair
thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and any improvements thereon to its
original grade or condition insofar as it is practicable and reasonable to do so.
1N_,WITNESS WHEREOF, said parties have executed this Grant of Easement this
day of ,~72 ~ · 20
(Notary acknowledgment to be attached)
ALL-PURPOSE ACKNOWLEDGEMENT
State of California }
County of ~,~,,q,d/~.~t7 ~_ZjT,,~,Az ss.
On /~Aa/ ~L~2~.~'~/~3 before me, ,~.~C ,q ~
personally appear'ed '> (//-///'~q~' c~A~'/~ 7''' ~jr~"v' /(~n
~personally known to me -OR- [~ proved~d~t me on e-q~bas
Comm, # 1261551
NOTARY PURLIC-CALIFORNIA UJ
of satisfactory
whose name(s)
evidence to be the person(
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(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.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
[~NDIVIDUAL
[] CORPORATE OFFICER
TITLE(S)
[] PARTNER(S)
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S ) OR ENTITY(lES)
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLE¥SIERRA. 800-362 3369
-D
Job No. 2000567
Legal Description - 10' P.S.E.
A Public Service Easement (P.S.E.) easement 10.00 feet in width situate in the CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIYORNIA, lying within
Parcel 2 as shown on that certain parcel map recorded April 28, 1971 in Book 282 of
Maps at Page 25, Santa Clara County Records and a portion of Section 26, Township 7S,
Range 2W, M.D.B. & M., more particularly described as follows:
Beg/nning at the Southeast comer of said Parcel 2; thence along the Southerly line of
Parcel 2 North 89° 23' 19" West, 94.84 feet; thence along the Westerly line of Parcel 4
as shown on PM 4664, which map was recorded in Book 423 of Maps at Pages 15 and
16, Santa Clara County Records, South 0° 36' 41" East, 22.68 feet to a comer of Lot 3 of
the last said Parcel Map; thence along the Northerly line of said Lot 3, North 72° 00' 31"
West, 10.48 feet; thence parallel with and distant 10.00 feet at right angles form the
aforesaid Westerly line of Parcel 4, North 0° 36' 41" East, 29.55 feet; thence parallel
with and distant 10.0 feet at right angles form the aforesaid Southerly line of Parcel 2,
South 89° 23' 19" East, 100.10 feet to a point on the Easterly line of Parcel 2; thence
along said Easterly line South 24° 45' 22" East, 11.07 feet to the point of Begirming.
P.o.s. PARCEL 4 / PARCEL 1
423 P.M. 16 .* ~ PARCEL MAP 4664
· "~.,.,~. .~*~.f ~e>_ 423 P.M. 16
,%
PARCEL 2
282 P.M* 25
0.70 Ac .s
APN: 356-24-004
DL---16.25'R--'~ 85. OD'
=05'01 '56'
N76'I3'OO'E
LINDY PIACE
LEA & SUNG ENGINEERING, INC.
L,=22.99'
R=~ ~5. oo, /
D=07 07'~
PUBLIC SERVICE
EASEMENT PLAT
11477 I21YDY PLACE
CUPER'rlNo, CJ T .TI~O[~N-IA
JOB NO 2000567 scale 1"= 30'
N: %j~rojects \ 99_JOBS ~ 99 309 ~ dwg ~ 99309ESM T, dwg
Resolution No.03-173
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT:
LOCATION:
Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants
to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng,
husband and wife, as Joint Tenants to an undivided 1/3 interest,
and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as
Joint Tenants to an undivided 1/3 interest, as tenants in common
22291 Janice Avenue
APNs 357-01-017, -018
A. Faithful Performance Bond:
NINETY-FIVE THOUSAND AND 00/100 DOLLARS
$ 95,000.00
B. Labor and Material Bond:
NINETY-FIVE THOUSAND AND 00/100 DOLLARS
$ 95,000.00
C. Checking and Inspection Fees: $ 4,290.00
FOUR THOUSAND TWO HUNDRED NINETY AND 00/100 DOLLARS
D. Development Maintenance Deposit
ONE THOUSAND AND 00/100 DOLLARS
$ 1,000.00
E. Storm Drainage Fee:
ONE THOUSAND TWELVE AND 80/100 DOLLARS
$ 1,012.80
F. One Year Power Cost:
SEVENTY-FIVE AND 00/100 DOLLARS
$ 75.00
G. Street Trees: By Developer
H. Map Checking Fee:
N/A
I. Park Fee:
THIRTY-ONE THOUSAND AND 00/100 DOLLARS
$ 31,000.00
J. Water Main Reimbursement:
N/A
Maps and/or Improvement Plans:
As specified in
Item #21 of agreement
RESOLUTION NO. 03-174
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO
ACCEPTING DEDICATION OF REAL PROPERTY FOR ROADWAY PURPOSES,
FROM ARNOLFO N. NITE AND REBECCA P. NITE, 12584 MADRID ROAD,
APN 356-08-046
WHEREAS, Arnolfo N. Nite and Rebecca P. Nite have executed a dedication which is in
good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of
California, the fee title to certain real property for roadway purposes, situate in the City of
Cupertino, more particularly described in Exhibits "A" and "B", attached hereto and made a part
hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, consisting of approximately 0.002 acres, mom or less,
located at 12584 Madrid Road.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
accept said grant so tendered; and
BE IT FURTHER RESOLVED that City Clerk is hereby authorized to record said
dedication and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
EXHIBIT A
DEDICATION FROM NITE TO THE CITY OF CUPERTINO
All of that raal property situate in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Beginning at a point in the center line of Madrid Road, said point also being in the center of
a CuFDe-Sac of said road, as shown upon that certain Parcel Map recorded in Book 510 of
Maps at Page 2, Santa Clara County Records; thence leaving said center line and
procccding S33°04'19"W 37.00 feet to a point on the Westerly boundary of Madrid Road
as shown on said map and the TRUE POINT OF BEGINNING of this description; thence
continuing along said Westedy boundary N00°05'06"E 15.25 feet; thence leaving said
Westerly line of Maddd Road and proceeding S64°13'06"W 11.59 feet; thence counter-
clockwise along a non-tangent curve with a radial beadng of N64°13'06"E, a radius of
37.00 feet, an included angle of 22°44'02", and an arc length of 14.68 feet to a point on the
Westerly boundary line of aforementioned Maddd Road and the TRUE POINT OF
BEGINNING.
Containing 86.6 sq. ft. (0.002 Acras) more or less and being a portion of Lots 55 and 64, as
shown upon that certain Map entitled, "Map of Colony Tract Monta Vista,' recorded in Book
"P" of Maps, Page 21, Santa Clara County Records.
J.'tJOBSWite~::X-A_DEDIC-2. doc
9-18-02
EXHIBIT A
DEDICATION FROM
NIT£ TO CITY OF
SCALE: 1"=,30'
i-.g I g
DEDICATED TO THE .
CITY OF CUPERTINO ~
(0.002± ACRES)~
,\¢~ -R---~.oo:
'"'-~F~. L=14.68"-' ~l kTPOi~
A=22'44'02" .~
LANDS OF
:'~""¢*'~ /NITE\ J'~'--40.28' N89'58'44"E
. ,o~''~" LEGEND:
OF CUPERTINO
BOUNDARY OF
PROPOSED DEDICATION
"EXHIBIT A"
PROPOSED STREET DEDICATION
21926 DOLORES AVENUE
CUPERTINO, CALIFORNIA
JULY, 2003
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follow:
All the property line adjustments are contained in Lot 155 as sbown upon the Map of
Subdivision" A" Monte Vista, which Map was filed for record in the office of the Recorder of
the County of Santa Clara, State of California, on April 1 l th, 1917 in Book "P" of Maps, Page
20, and more particularly described as follow:
Beginning at the point of the Northeast corner of Lot 155 as shown on said subdivision;
Thence from said point of beginning West 70.15 ft along the Northerly boundary of said Lot 155.
Thence along a tangent curve to the left having a radius of 20 feet, with a central angle of 90° 00'
00", for an arc length 31.42 feet to a point on the Westerly boundary of Lot 155, also Easterly
sideline of Byrne Avenue ( 50 feet wide ).
Thence along the Westerly boundary of Lot 155 North 5.00 feet.
Thence along a tangent curve to the right having a radius of 20 feet, with a central angle of 90 °
00' 00", for an arc length 31.42 feet to a point on the Southerly sideline of'Dolores Avenue ( 50
feet wide).
Thence East 70.15 feet along the SoS~herly sideline of Dolores Avenue to a point of the prolong
Easterly boundary of said Lot 155.
Thence South 5.00 feet along the prolong Easterly boundary of Lot 155 to the Point of Beginning.
Containing
A. P. N.
450.75 square feet, more or less
0.22 acres, more or less
357-14-015
'30 ~
A ~N .~7-14-015
F--.4~'F
' J~ -~S/--~E P'=,4.0t
N
ALCAZAR AVE
DOLORES AVE
Mc CLELLAN RD.
VICINITY MAP
NO TO SCALE
L_E6END
~ENTER LIWE OF:
P~O?E~TY LI~E
EXHII~IT /~
RESOLUTION NO. 03-176
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT
NO. # 2335, LOCATED ON IMPERIAL AVENUE AND LOMITA; DEVELOPER,
GB ESTATE HOMES; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING
SIGNING OF FINAL MAP AND IMPROVEMENT PLANS, APN 359-22-067
WHEREAS, there has been presented to the City Council for approval and for
authorization to record final map of Tract No. 2335, located at 10690 South Stelling Road,
showing certain avenues, drives, places, and roads by GB Estate Homes; and
NOW, THEREFORE, BE IT RESOLVED THAT
Said final map and improvement plans of Tract No. 2335, be and the same are
hereby approved.
The offer of dedication for roadway and for easements is hereby accepted.
The City Engineer and the City Clerk are hereby authorized to sign said final map.
The City Engineer is hereby authorized to sign the improvement plans.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15~ day of September, 2003, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
AGENDA ITEM
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA DATE September 15, 2003
SUBJECT AND ISSUE
Authorize the City Manager to execute a second Renewal Agreement for the Interim Agreement
with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio
repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's
bankruptcy.
BACKGROUND
On February 18, 2003 City Council authorized the City Manager to execute an Interim
Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top
radio repeater equipment in City right-of-way that was abandoned by Metricom upon
Metricom's bankruptcy. This agreement expired on May 31, 2003 with a provision to renew the
agreement for an additional period of four months with the mutual agreement of the parties.
On June 16, 2003 City Council authorized the City Manager to execute a Renewal Agreement
for the Interim Agreement with Ricochet Networks, Inc. (RNI). This agreement will expire on
September 30, 2003.
The City would like to renew the agreement for an additional four months with an expiration
date of January 3, 2004. During this time the City will continue to negotiate with RNI to take
over the former Metricom system in our jurisdictions for their use. At the end of this time, the
City will either have negotiated a satisfactory long-term agreement with RNI, or Public Works
will disconnect and remove the equipment.
FISCAL IMPACT
Successful negotiation and execution of a second Renewal to the Interim Agreement with RNI
will allow the City to defray any power consumption costs that may accrue for pole top radio
repeater equipment still connected as of February 1, 2003.
STAFF RECOMMENDATION
Adopt a resolution to authorize the City Manager to execute a second Renewal Agreement for
the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for
the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom
upon Metricom's bankruptcy.
Su 'ttedby:
~:l}~Ral~ A. Qualls, Jr.
Director of Public Works
Approved for Submission:
Dav~d W. Knapp
City Manager
CUPE INO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUMMARY
Agenda Item No. { q
Agenda Date: September 2, 2003
Application Summary:
Review the Planning Commission Minute Order related to the R1 Ordinance.
RECOMMENDATION:
The Planning Commission recommends that the City Council:
· Schedule a public hearing for the purpose of enacting the technical
changes recommended by the Planning Commission on February 10, 2003;
· Refer issues of process back to the Commission for further review;
· Authorize the Commission to study the regulation that limits the size of
the second story, the need for story poles, privacy mitigation measures for
one-story development and expanded notification.
· Specify sections of the R1 Ordinance the City Council does not wish the
Commission to consider for modification.
BACKGROUND:
On September 8, 2003, the Planning Commission approved a minute order to the
City Council (attached). This report summarizes the basis for and the elements
of the Commission's request.
On February 10, 2003, the Planning Commission recommended approval of
technical and process changes to the R1 Ordinance and related ordinances. Staff
prepared the technical changes to address specific issues identified during the
review of single-family homes over the past few years. During consideration of
the R1 Ordinance amendment, the Commission recommended additional
process changes to make the process more equitable and improve neighborhood
input.
The City Council reviewed the Commission's recommendation on March 3, 2003.
The Council requested that public outreach be undertaken and that the technical
changes and process changes be presented as two separate ordinances.
Printed on Recycled Paper
2 September 15, 2003
The public outreach began in April 2003 when members of the public met with
Mayor Chang, two Planning Commissioners and staff to discuss RI issues. Staff
had a follow-up meeting with the Mayor on May 20. At this meeting, it was
suggested that the design guidelines be revised to address the concerns raised in
the April 24 meeting. The draft guidelines are now prepared, and staff will
restart the public outreach within the coming weeks.
Mann Drive Case
On July 7, 2003, the City Council approved an appeal for a new two-story
residence with a 45% floor area ratio. Compared to past precedent, this project
did not conform to the design guidelines.
This marked a change in the City position on design review. During the one-
year review of the 1999 R1 Ordinance amendment, the City Council approved of
the marmer in which the Single Family Residential Design Guidelines were
applied by the Residential Design Review Committee and staff. The Council also
enacted ordinance language that required all two-story development to conform
to the design guidelines.
DISCUSSION:
Planning Commission Request
Technical Changes
The Commission requests that the City Council allow the technical changes
recommended by the Commission on February 10, 2003 to be enacted separate
from the proposed process change since many of these minor changes will clarify
ordinance language. Staff concurs with the Commission's request.
Process Changes
The Commission would like to discuss the recommended process changes to the
R1 Ordinance in light of the Mann Drive decision in July of 2003. Staff believes
such discussion is appropriate. The Commission may change its
recommendation from February 10, 2003 based on more recent cases. It is also
possible that the Commission may recommend a process to the Council that
would eliminate the need for design guidelines.
Given those possibilities, staff finds it counterproductive to begin a public
outreach period for the Commission's earlier recommendation and a draft
version of revised guidelines. If the Council endorses the Commission's request,
staff suggests that the planned public outreach be modified into a notification
process for the Commission's meetings where discussion can be conducted in a
more open forum.
3 September 15, 2003
Story Poles
The Commission wishes to discuss whether story poles are necessary for two-
story design review. Staff supports this review and considers this to be part of
the overall process discussion.
Additional Notification
The Commission wishes to discuss improved notification techniques for new
development in neighborhoods. One of the benefits of story poles is that it
serves as a notification device. Improved notification using other means could
reduce the usefulness of story poles. Staff supports this discussion.
Landscaping Screening for One-Story Development
The Commission wishes to explore the concept of requiring landscape screening
or latticework on fences for new one-story development. This issue was raised
as a result of the presentation of new one-story homes at the maximum height in
neighborhoods with shorter homes. Staff is somewhat concerned with the
implementation and tracking of such regulations, but believes the discussion
could be worthwhile.
Second Story Area
All but one of the issues that the Commission wish to discuss relate to the
process of reviewing two-story projects, not to the prescriptive regulations. The
one regulation that the Commission wishes to discuss is the limitation on the size
of the second story. Staff believes the second story area limitation is an effective
regulation in limiting the mass and bulk of two-story development. For that
reason, staff recommends that modifications to this regulation be minor.
Define the Scope of the Review
The Commission requests Council direction on the scope of their discussion.
The Council may choose to allow the Commission to study all aspects of the
Ordinance they feel is necessary, or limit the discussion to issues of the review
process. The more that the Commission discusses, the greater impact the review
will have on staff resources.
Staff Recommendation
Staff recommends that the City Council endorse the Commission's request.
Based on individual public input for design review cases over the past four
years, or lack thereof, staff believes that the residents of Cupertino are generally
satisfied with the results of the prescriptive regulations in the ordinance.
Residents that attend Design Review Committee meetings tend to focus on issues
of privacy protection or simply have questions. Staff recalls very few occasions
where a neighbor has been concerned with the design of the house and how it
fits in with the neighborhood pattern. This may be an indicator that the
guidelines are not necessary.
4 September 15, 2003
Based on recent cases, it may be possible to streamline the process so that it is
less costly and time consuming for applicants, has better notification of
neighbors and requires less staff time while addressing the concern that the
Council has about neighbor impact. Staff encourages the Council to allow the
Commission to study these concepts further and to refer the public outreach
component to the Planning Commission process.
Enclosures:
Planning Commission Resolution No. 6205 (Minute Order)
Prepared by: Peter Gilli, Senior Planner
Stev~e Piasecki
Director, Community Development
Approved by:
Carol Atwood
City Manager (Acting)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6205 (MINUTE ORDER)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL REFER DISCUSSION ABOUT AN
AMENDMENT TO THE R1 ORDINANCE BACK TO THE PLANNING COMMISSION.
WHEREAS, the City Council enacted an amendment to the RI Ordinance on April
19, 1999, which included a design review process for two-story development;
WHEREAS, the City Council received a status report on the application of the design
guidelines in the design review process on August 21, 2000;
WHEREAS, the Planning Commission recommended the City Council approve a
Municipal Code Amendment, file number MCA-2002-03, on February 10, 2003 to
streamline the design review process;
WHEREAS, the City Council reviewed and approved a request for a 45% FAR two-
story residence, file number R-2003-03, on July 7, 2003, which was inconsistent with
past direction from the City Council on August 21, 2000 and past approvals by the
Design Review Committee regarding the application of design guidelines;
WHEREAS, it may be possible to modify the RI Ordinance to obviate the need for
design guidelines and streamline the process for applicants proposing two-story
construction in the City;
The Planning Commission of the City of Cupertino recommends that the City
Council take the following actions:
1. Approve the technical changes of MCA-2002-03 as recommended by the
Planning Commission on February 10, 2003, but refer discussion of the
following issues to the Planning Commission for public review and
recommendation:
a. Reviewing the ratio of the first floor to second floor area;
b. Reviewing the need for story poles;
c. Reviewing the need for privacy mitigation from
development;
one-story
CUPER TINO__
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No.
Meeting Date: September 15, 2003
SUBJECT AND ISSUE
Consider the second restated and amended Joint Exercise of Powers Agreement (JPA) creating
the Silicon Valley Animal Control Authority (SVACA).
BACKGROUND
With the withdrawal of the City of Sunnyvale, the board membership and voting rights needed to
be revisited and reallocated among the remaining six SVACA cities. This amendment designates
two directors from the City of Santa Clara with two votes each and one director from each of the
other member cities with one vote each. No director can vote by proxy and the alternate for each
director must be another council member from that city. Technical Advisory Committee (TAC)
members are to advise both the General Manager and the Board.
As a result of the staff analysis performed in 2002, several areas in the current JPA agreement
were unclear and did not provide protection to the member agencies in case of withdrawal of
members. This amendment clarifies distribution of excess operating reserves and holds agencies
to any long-term shelter obligations.
On further review of the new agreement, a section adopted in April of this year (6.1) was
dropped. This section requires that additional budget adjustments voted by the SVACA Board
need to go back to the six member agencies for approval. In addition, section 2.7 was amended
to state that the Board, by a 2/3rds vote, could bind the other members to any budget amendment.
The changes in these two sections give the Board authority to increase your budget by a 2/3rds
vote. In the case of the shelter project alone, this would represent an increase in Cupertino's
capital project budget by approximately $300,000. This change was done to make it easier for
administration of the JPA and was not discussed at the TAC meeting or the open session of the
Board.
RECOMMENDATION
Staff recommends that the Council not approve the amendment to the JPA agreement.
Submitted by:
Carol A. Atwood
Director of Administrative Services
Approved for submission:
David W. Knapp
City Manager
Printedon Recyc/od Paper O~ ) ~ l
CUPER TINO
City Hall
10300 Tone Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No.
Meeting Date: September 15, 2003
SUBJECT AND ISSUE
Consider withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff
to immediately pursue other options for animal services as of July 1, 2004.
BACKGROUND
The city of Cupertino was one of seven cities that formed the Silicon Valley Animal Control
Authority (SVACA) to provide animal services in the areas of field, shelter and licensing.
SVACA currently provides field and licensing services and contracts with the Humane Society
for shelter services. The JPA plans on building its own shelter within the next two years to
provide all services.
In September of 2002, the cities of Cupertino, Sunnyvale and Los Gatos performed an analysis
of SVACA's projected shelter costs of operation in comparison to other animal shelters in the
area. The result of this analysis was that the projected cost per animal was 94% ($262 vs $135
per animal) above market costs. This was due, in part, to the extended shelter hours and services
to be offered at the new facility. In December of the same year, city management met with
SVACA and asked for alternatives given the recession and our current budget situations. The
SVACA Board promised those alternatives no later than September 30, 2003. In addition, an
amendment was added to the JPA Agreement that no budget adjustments could be made for
shelter services without approval at the City Council level from all seven agencies.
In June of 2003, the city of Sunnyvale withdrew from SVACA, thus increasing existing member
costs. At it's meeting of September 22, the Board will not present alternatives (costs to build,
costs to lease, etc.) but will be asked to vote on the purchase of a piece of property for the new
shelter. If Cupertino remains in SVACA, we will be committing to approximately $975,000 for
a shelter versus our contribution of $662,000 as of October 2002. In addition, we will be a
minority vote on the Board. No revisions have been presented at this time to the shelter
operating costs discussed above.
RECOMMENDATION
Staff recommends that the Council withdraw from the Silicon Valley Animal Control Authority
(SVACA) and direct staff to immediately pursue other options for animal services as of July 1,
2004.
Submitted by:
Approved for submission:
Carol A. Atwood
Director of Administrative Services
David W. Knapp
City Manager
Printod on Rocyclod Papor
CUPEI TINO
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. ~
Meeting Date: September 15, 2003
SUBJECT AND ISSUE
Consider withdraw from the Silicon Valley Animal Control Authority (SVACA) and direct staff
to immediately pursue other options for animal services as of July 1, 2004.
BACKGROUND
The city of Cupertino was one of seven cities that formed the Silicon Valley Animal Control
Authority (SVACA) to provide animal services in the areas of field, shelter and licensing.
SVACA currently provides field and licensing services and contracts with the Humane Society
for shelter services. The JPA plans on building its own shelter within the next two years to
provide all services.
In September of 2002, the cities of Cupertino, Sunnyvale and Los Gatos performed an analysis
of SVACA's projected shelter costs of operation in comparison to other animal shelters in the
ama. The result of this analysis was that the projected cost per animal was 262% above market
costs. This was due, in part, to the extended shelter hours and services to be offered at the new
facility. In December of the same year, city management met with SVACA and asked for
alternatives given the recession and our current budget situations. The SVACA Board promised
those alternatives no later than September 30, 2003. In addition, an amendment was added to the
JPA Agreement that no budget adjustments could be made for shelter services without approval
at the City Council level from all seven agencies.
In June of 2003, the city of Sunnyvale withdrew from SVACA, thus increasing existing member
costs. At it's meeting of September 22, the Board will not present alternatives (costs to build,
costs to lease, etc.) but will be asked to vote on the pumhase of a piece of property for the new
shelter. If Cupertino remains in SVACA, we will be committing to approximately $975,000 for
a shelter versus our contribution of $662,000 as of October 2002. In addition, we will be a
minority vote on the Board. No revisions have been presented at this time to the shelter
operating costs discussed above.
RECOMMENDATION
Staff recommends that the Council withdraw from the Silicon Valley Animal Control Authority
(SVACA) and direct staff to immediately pursue other options for animal services as of July 1,
2004.
Submitted by:
Carol A. Atwood
Director of Administrative Services
Approved for submission:
David W. Knapp
City Manager
Printed on Recycled Paper
-I
City Hall
103 O0 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM &'~
AGENDA DATE September 15, 2003
SUBJECT AND ISSUE
Receive and accept the Bicycle Pedestrian Commission's recommendation that the existing pathway
along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for
future use as a public trail, authorize the Commission to receive public input on the future use of the
pathway as a public trail, and request that Staff pursue available grants to provide funding for trail
improvement planning. The Commission should begin its receiving of public input on a portion of
the trail that runs westward from Campo de Lozano to Rodrigues Avenue.
BACKGROUND
The Cupertino General Plan anticipated a possible trail linkage aiong Regnart Creek, behind the
Civic Center (see attached Figure 5-F. "Trail Linkages" from page 5-23 of the Environmental
Resources Element of the Cupertino General Plan). In keeping with the City General Plan goal of
pursuing opportunities for developing a comprehensive system of trails, as well as its own stated
goal of exploring such opportunities along Regnart Creek, the Cupertino Bicycle Pedestrian
Commission selected two of its members to undertake a reconnaissance of Regnart Creek in
Cupertino. That reconnaissance was recounted in a report to the Commission that describes the
nature of various segments of the creek and surmises the potential for instituting streamside trails
along the creek.
As it meanders through Cupertino, the creek takes on many different guises, with the opportunities
for trails along its diverse segments ranging from promising to nil. Some segments of the creek are
enclosed in culverts, offering no possibility of streamside trails. Other segments of the creek are
open channels with existing pathways that might feasibly be converted to public trails. The segment
of Regnart Creek between Blaney Avenue and Pacifica Drive appears to be in the latter category.
(See the attached diagram.) A small portion of trail has been installed behind the Campo de Lozano
development recently constructed on Rodrigues Avenue.
In consideration of the above, at its regular June 18, 2003, meeting, the Bicycle Pedestrian
Commission approved forwarding to Council a recommendation that the existing pathway along the
segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for future use
as a public trail and that Staff pursue available grants to provide funding for trail improvement
planning. Since there are presently no public funds available to design or build improvements to any
-/
Printed on Recycted Paper
segment ofa Regnart Creek trail, Public Works Staff advised the Commission that it is premature to
hold hearings that could generate unnecessary concerns and expectations at a time when the City has
no ability to respond to either. However, because of its desire to include the community from the
outset, the Commission wishes to begin public outreach on the concept of a public trail along this
segment of Regnart Creek by maintaining the subject as a continuing item on its regular meeting
agenda.
Community Development Staff believes it appropriate to immediately consider extending the trail
segment behind the Campo de Lozano development out to Rodrigues Avenue. The trail behind the
Campo de Lozano development is currently a "dead-end" trail, and the Campo de Lozano units are
being sold and will soon be occupied. This potential trail segment will be self-contained,
continuous, and require a relatively low level of improvement. Therefore, Community Development
Staff believes it would be prudent to begin the study of this segment of Regnart Creek with that
stretch. (See the attached diagram.)
In order to support the Bicycle Pedestrian Commission proposal, Staff will explore the possibility of
seeking funding for trail improvement planning from the Santa Clara Valley Water District Trails,
Parks & Open Space Grant Program, whose aim is to provide public access to trails or open space
along creeks in Santa Clara County. Even should we be successful, that resource will be relatively
modest, as it only provides $900,000 annually over a 15-year program life to support the 70 miles of
potential trails throughout Santa Clara County.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Receive and accept the Bicycle Pedestrian Commission's recommendation that the existing pathway
along the segment of Regnart Creek between Blaney Avenue and Pacifica Drive be considered for
future use as a public trail, authorize the Commission to receive public input on the future use of the
pathway as a public trail, and request that Staff pursue available grants to provide funding for trail
improvement planning. The Commission should begin its receiving of public input on a portion of
the trail that runs westward from Campo de Lozano to Rodrigues Avenue.
Submitted by: --
t:~l[.Ralph A. Quails, Jr. }~1 Director of Public Works
Approved for submission to
the City Council:
Da-'~d W. Knapp
City Manager
Environmental Resources 5 - 23
Rancho
San Antonio
Park
Figure 5-F. Trail Linkages.
Possible Trail Unkage
OpUonal Trail Linkage
THE 4~UPERTINO GENERAL PLAN
Reach - Blaney to Pacifica
CUPER TINO
City of Cupertino
10300 Torte Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development Department
Housing Services
Summary
Agenda Item No. __
Agenda Date: September 15, 2003
Application: CP-2003-02, EA-2003-15
Applicant: City of Cupertino
Property Owner: Various
Property Location: Citywide -including properties between Stevens Creek
Boulevard, Torre Avenue, Town Center Lane and De Anza
Boulevard in the Heart of the City Specific Plan area
including the Civic Center and Civic Park properties.
Application Summary: City Center Pedestrian Plan to connect City Center,
Civic Park and Civic Center areas.
RECOMMENDATION
Staff recommends that the City Council:
1. Review and approve the City Center Pedestrian Plan.
DISCUSSION
The City Council has expressed an interest in creating a plan to provide
pedestrian connections to link City Center Park, the City Center area, Civic Park
and the Civic Center area. The City Center Pedestrian Plan draws upon the
guiding principles of the General Plan that include walkability and an enlivened
streetscape to link connect destinations in the center of Cupertino and make
them accessible to residents, workers and visitors to Cupertino.
The Plan includes a variety of streetscape and individual design elements along
frontages and interior paths of City Center, Civic Park and Civic Center. The
Plan will be implemented through private development and future capital
improvement programs leveraged with private project contributions. Project
details will be reviewed along with development applications to ensure
consistency with the Plan.
Printed on Recycled Paper
CITY CENTER PEDESTRIAN PLAN
CI'FY OF CUPERTINO
The Civic Center, City Center Park and Civic Park
are primary developments in the center of
Cupertino. With the building of the new Civic
Center Library and Plaza, City Center Park, and
the Civic Park and City Center projects, the city
must consider connecting these destination
points through pedestrian linkages that make
them accessible to shoppers, residents, workers
and visitors to the area.
The City Center Pedestrian Plan will enhance
civic pride and identity by providing a
connection system to link these destination
points through a variety of streetscape and
individual design elements.
1 INTRODUCTION
2 THE PLAN
3 IMPLEMENTATION
3
5
7
INTRODUCTION
3
The Center Pedestrian Plan links the Civic
C/fy
Center, City Center and Civic Park projects
through a variety of streetscape and design
elements. The goal is to establish the area as
an integral part of the community urban space
and identity.
The Plan consists of the following components:
· Planting- specific flowers along the
perimeter of properties to signal paths.
· Paving-Sidewalks shall be paved with
concrete pavers or inlaid with elements such
as brass steps or other ornamental features.
Existing sidewalks shall be retrofitted to
include these features in a continuous
format.
· Banners- 8-foot tall by 30-inch wide
replaceable banners to be installed on
streetlight poles. Design(s) to be decided at
a future date.
· Streetlight~- 20-foot tall Holophane
Memphis luminaire on Altlanta pole and arm
with banner arms installed at z15 ft. on
center (Black), The light standards are
consistent with the Civic Park project in the
Crossroads area,
· LighUng- Street trees and trees in public
open spaces shall have uplights and shall
have provisions for seasonal lighting.
· Bollard- Holophane - Salem non-lighted
decorative cast aluminum bellard with ball
top BOL/S 32/9/BT BK(Black).
· Entry Features- such as metal arches or
trellis elements to signal entry points into
public spaces.
TH E PLAN
~J, WAYPINOEP. S · 'i A
~ to direct [uedes~'~ns to
· ctivity ceim~-ws
5
[,~nds~ph~ m ldent~y patl-.s
to act~vit~ a.~us
PEDESTRIAN CONNECTIONS FROM CITY CENTER TO CIVIC CENTER
IMPLEMENTATION:
1. PROJBC]~ REQUIRING
Ai-r~ICATION$ (CONDITIONS)
ENCOURAGE EXISTING
DEVIanT TO PROVIDE
IMPROVEMENTS
3. CIP - LEVERAGE WITH PROJECT
CONTRIBUTIONS
Te implementation section outlines public and
rivate funding sources to achieve the vision for
the City Center Pede~bian Plan.
A. Funding Sources
Private Fundinq:
a. Private projects shall install as many of
the elements of the P/an as are applicable to
the specific project.
b. The City will work with property owners
to redesign existing sites and frontages to
incorporate elements of the P/an.
iL
Public Fundina:
a. The City may construct improvements as
part of the Capital Tmprovement Program
leveraged with project contributions.
B. Specifications
i. Project detail sheets shall identify the specific
elements consistent with the Plan.
ii.
Project details shall be reviewed with the
development application (private projects or
capital improvement programs).
IMPLEMENTATION
CUPERJINO
Parks and Recreation Department
Agenda Item Number
STAFF REPORT
Agenda Date: September 15, 2002
SUBJECT
Review of the Parks and Recreation Commission's recommendations for the Stevens Creek
Corridor Master Plan.
BACKGROUND
The first step in developing a master plan is to determine the appropriate mix of uses for the site.
Working from the goals the City Council formulated in December 2002, a community-wide
visioning exercise was conducted. One hundred and eight (108) written and drawn visions were
received; all were delivered to the City Council and Parks and Recreation Commission. Many of
the visionaries also presented at a joint meeting on May 12. At the conclusion of the meeting,
the City Council reaffirmed its goals for the project:
· Engage the public in the planning for this important amenity
· Invite members of the community to enjoy the property in the corridor year-round - serve
more people
· Minimize the affects of park operation on surrounding residents
· Preserve and restore the natural environment of the creek corridor for park users and as
habitat for wildlife
· Provide a trail compatible with the natural setting that will accommodate a variety of trail
uscrs
· Acknowledge and interpret the history of the area through a series of historical markers and
through the preservation of buildings at McClellan Ranch
· Encourage educational uses of the creek corridor and support environtnental programming
at McClellan Ranch
· Consider the Blue Pheasant operation and how it affects the neighborhood
· Analyze relocating the Blackberry Farm entrance to Stevens Creek Boulevard
· Provide an economic analysis of what is proposed to be added or deleted from the current
program so that Council can understand the impacts of the proposed changes
· Consider what other recreational amenities are needed in the community and how the
Stevens Creek corridor fits into the overall park and recreation offering in Cupertino
Prmted on Rocycled Paper
September 15, 2002
Page 2
Over the summer, the Parks and Recreation Commission worked to achieve some community
consensus on what elements should be included in the master plan. They received additional
testimony and many small-group presentations throughout June, July, and August. Their
consensus recommendations for elements to be included in the plan include:
· Environmental restoration
· Cupertino Center for Living History
· Implementation of the McClellan Ranch Master Plan
· Year-round use by Cupertino residents
· Reduction in the size of the picnic grounds
· Golf
· Trails that support a variety of users
In this narrow scope, there are still many ways to organize the site. At the meeting of September
4, six alternatives were presented to the Parks and Recreation Commission. The six alternatives
are attached (maps lB, lC, 2, 3A, 3B, 4). Also attached are matrices comparing the alternatives
by amenities and how each of the plans address the City Council's goals.
At the conclusion of the meeting, the Commission recommended map 4 to the City Council for
consideration with the following modifications:
· Expand the parking on Stevens Creek Boulevard
· Plan for additional parking on the Simms property after the needs of the nonprofits are known
· Allow picnicking in the Stocklmeir orchard
· Reduce the parking in the center of the park
· Align the trail through Stocklmeir, but keep it on the east bank through Blackberry Farm
· Design the trail alignment through McCellan Ranch after the planning for the nonprofit
facilities has been completed
· Limit the size of the picnic grounds to a maximum of 500, including permanent facilities for
200 and an additional 300 spots in temporary facilities (the actual numbers may be adjusted
to ensure that community oriented groups, such as CCS, can be accommodated at Blackberry
Farm).
· Do not design the park with collection of an entry fee in mind - pay for picnic facilities on a
reservation basis
· The Parks and Recreation Commission reaffirmed its commitment to a multi-use trail
These modifications are reflected in the (also attached) drawing, Map 4 plus Commission
recommendations.
The Commission has gone as far as it can without concurrence from the City Council. Tonight
we are seeking direction on some important policy issues. City Council direction will affect the
design for the park.
September 15, 2002
Page 4
definite plans for the use of the ranch are known. At this time, more information is needed
regarding the nonprofit coalition that is forming to marry natural history and historic programs at
McClellan Ranch. Staff requests that the City Council affirm its commitment to a multi-use trail
and comment on the current proposal, which is to keep the trail on the east bank and provide
restoration on the west bank through Blackberry Farm.
· Cupertino Center for Living History
The Cupertino Historic Society has proposed that living history programs could augmem the
natural history programs currently offered at McCellan Ranch. There is broad support for this
proposal. City Council has yet to comment on including the Historic Society's program within
McClellan Ranch. Staff is requesting that the City Council do so.
Summary
In summary, we are asking that City Council provide direction on:
· Operating the park without a gated picnic area and designing the park accordingly
Reaffirm its support for the multi-use trail and the proposed alignment
· Including the Center for Living History at McClellan Ranch
How We Will Move Forward
· We will work with nonprofit organizations to evaluate the existing buildings and sort out
how the existing buildings will be used. We will work with them to determine parking,
access, and other infrastructure needs and will incorporate their plans into the vision for the
Corridor. It will be necessary to know what the proposed operation is before the
environmental review for the Corridor can be conducted.
· We will secure the services of consultants to refine these ideas into a master plan.
· We commence environmental review on the proposed changes and work with various
agencies involved in the Corridor.
· We will contract with specialists in the development of a restoration plan for the Corridor.
· We will approach grantors for funds for the Corridor project.
RECOMMENDATION
Provide direction to staff and the Parks and Recreation Commission on moving forward with the
Stevens Creek Corridor Master Plan.
SUBMITTED BY:
APPROVED FOR SUBMISSION
TO CITY COUNCIL:
Parks and Recreation Department
Davf3 W. Knapp
City Manager
Stevens Creek Corridor
Alternatives Summary
I Max Fee Picnicking Fee Picnic Parking Accommodates (based Max Free Family Parking Accommodates (based Number of Pedestrian/
Alternatives Attendance Parking upon 2.5 person/vehicle) Entrance Picnicking Picnic Parking upon 2.5 person/vehicle) Restoration Zone Bicycle Bridges
2,750 Picnickers (to reach 4,000 visitors 3 Low Flow Auto Crossings
Existing Operations 4,000 1,100 Spaces with San Femando
Parking Attendants shuttle service is provided from Monta Avenue None None None None and 3 Pedestrian
Vista) Bridges
lA. Picnic Operations Reduced
to 1000/Course Shifted 1,000 311 778 Picknickers San Femando 112 spaces at Combined with Combined with Golf Course 185,347 s.f./3.8 acres I Auto Crossings and
South/Mailed to Participants Avenue Stocklmeir Golf Course 3 Pedestrian/Bicycle Bddges
lB. Picnic Operations Reduced San Femando 200 spaces at south
~o 1000/Same Footprint 1,000 369 Spaces 922 Picnickers Avenue end of Blackberry 40 Spaces 100 Picnickers 159,320 s.f./3.2 acres 4 Pedestrian/Bicycle Bridges
1C. Picnic Operations Reduced
~o 1500/Golf Course on 1,500 561 Spaces 1,402Picnickers San Fernando 200 spaces at south
Stocklmeir Avenue end of Blackberry 40 Spaces 100 Picnickers 162,801 s.f./3.4 acres 4 Pedestrian/Bicycle Bridges
-~. Picnic Operations Reduced
:to 1000/Complete Redesign of 1,000 327 Spaces 817 Picnickers San Femando 168 spaces at south
Park Layout Avenue end of Blackberry 96 Spaces 240 Pickners 316,302 s.f./6.5 acres 3 Pedestrian/Bicycle Bridges
3A. Picnic Operations at 2000 5an I-ernanao
Picnic/No Golf/Access off SC 2,000 801 Spaces 2002 Picnickers Avenue and 160 spaces at south 50 Spaces 125 Picnickers 550,542 s.f./11.3 acres None
Blvd. Stevens Creek end of Blackberry
-- RI~H
3B. Picnic Operations at 1000 5an ~-eman(~o
Picnic/No Golf/Access off SC 1,000 406 Spaces 1,015 Picnickers Avenue and 144 spaces at south
Blvd. Stevens Creek end of Blackberry 50 Spaces 125 Picnickers 605,270 s.f./12.5 acres None
Rlvd
4. No Fee Picnic Operation/Golf None None None San Fernando
Avenue 259,481 s.f./5.3 acres
Page 1
Stevens Creek Corridor
Alternatives Summary
Golf Multi-Use Trail with McClellan Relative Ability to Generate
Alternatives Golf Parking Non-Asphalt Sur[acing McClellan Use Parking Simms Use Stocklmeir Use Capital Costs Revenue
Education/
Existing Operations 9 Holes/I,571 Yards 91 Spaces None Nonprofit Offices 35 Spaces None None $+ $$$$
Extension of
lA. Picnic Operations Reduced StocklmeidFar West Bank/
Education/ McClellan Trail/Family
to 1000/Course Shifted 9 Holes/I,571 Yards 130 Spaces Scenic Circle/Simms Properl'~ Nonprofit Offices 35 Spaces Programming/ Picnicking/Orchard $$$$ $$+
South/Mailed to Participants with Barrier Fencing
Trail
Extension of
StocklmeidFar West Bank/
lB. Picnic Operations Reduced Education/ McClellan
to 1000/Same Footprint 9 Holes/I,571 Yards 91 Spaces Scenic Circle/Simms Property Nonprofit Offices 35 Spaces Trail/Orchard $$+ $$+
with Barrier Fencing Programming/
Trail
Extension of
Stockimeir/Far West Bank/ Education/ McClellan
1C. Picnic Operations Reduced 9 Holes/1,700Yards 91 Spaces Scenic Circle/Simms Propert 35 Spaces Trail/3 Golf Holes $$$ $$$
to 150~/Golf Course on
Stocklmeir using Stocklmeir with Barrier Fencing Nonprofit Offices Programming/
Trail
2. Picnic Operations Reduced 9 Holes/1,700Yards Stocklmeir/West Bank/ Education/ Extension of
to 1000/Complete Redesign of using Stocklmeir 115 Spaces Horseshoe Bend/East Bank Nonprofit Offices/ 35 Spaces McClellan Trail/3 Golf Holes $$$ $$+
Park Layout to McClellan Trail Programming
3A. Picnic Operations at 2000 Education/ Extension of
Picnic/No Golf/Access off SC No Golf None East Bank Nonprofit Offices/ 35 Spaces McClellan Restoration $$$$ $$
Blvd. Trail Programming
3B. Picnic Operations at 1000 Education/ Extension of
Picnic/No Golf/Access off SC No Golf None East Bank Nonprofit Offices/ 35 Spaces McClellan Restoration $$$$ $$
Blvd. Trail Programming
Education/ Extension of
4. No Fee Picnic Operation/Golf 9 Holes/I,571 Yard~ 91 Spaces Nonprofit Offices/ 35 Spaces McClellan $$ $$
Trail Programming
Page 2
Stevens Creek Corridor Alternatives
Council Goals Summary
Acknowledge and
Preserve and restore the Provide a trail compatible interpret the history of the
Engage the public in the Invite members of the Minimize the affects of park natural environment of the area through a series of
community to enjoy the with the natural setting that historical markers and
planning for this property in the corridor year- operation on surrounding creek corridor for park will accommodate a variety through the preservation
important amenity residents users and as habitat for
round - serve more people wildlife of trail users of buildings at McClellan
Alternatives Ranch
Corridor purchased through Picnic Open 100 Days per Year/ 4,000 Picnic Person Access off McClellan Ranch serves as Historic Buildings in Need of
Golf Open Year-Round/ ~lature Trail at McClellan Ranch Repaid No Interpretive
Existing Operations voter approved bonds McClellan Open Year-Round San Fernando Avenue a preserve
Markers
lA. Picnic Operations Reduced Vision Kit/Park and Fee Picnic Open 100 Days per Picnic Facilities Reduced to Implements McClellan
Recreation Commission Year/Golf, McClellan, Family 1,000/ Increased Parking at Adds 3.8 Acre Restoration Multi-Use Trail along West Ranch Master Plan by
to 1000/Course Shifted South and City Council Study Picnic and Trail Open Year- Zone Bank with Barrier Fencing Providing Funding for
(Map Mailed to Participants) Sessions and Meetings Round Stevens Creek Blvd.
Buildings and Interpretation
lB. Picnic Operations Reduced Adds 3.2 Acre Restoration
to 1000/Same Park Layout Picnic Facilities Reduced to 1,00¢ Zone
1C. Picnic Operations Reduced
Adds 3.4 Acre Restoration
to 1500/Golf Course on Picnic Facilities Reduced to 1,50C Zone
Stocklmeir
2. Picnic Operations Reduced t¢ Picnic Facilities Reduced to Moves Picnicking away from Multi-Use Trail Integrated into
1000/Complete Redesign of 1,000/ Increased Parking at Creek/Adds 6.5 Acre Park and Meandering from
Park Layout Stevens Creek Blvd. Restoration Zone West to East Banks
3A. Picnic Operations at 2000 Golf and Restaurant
Picnic/No Golf/Access off Eliminated/Picnic Access off both Adds 11.3 Acre Restoration Multi-Use Trail Integrated into
Stevens Creek Blvd. and San Zone Park on East Bank
Stevens Creek Blvd. Fernando Avenue
3B. Picnic Operations at 1000
Picnic/No Golf/Access off , ,, Adds 12.5 Acre Restoration
Zone
Stevens Creek Blvd.
4. No Fee Picnic Operation/Golf Golf, McClellan, Family Picnic
and Trail Open Year-Round Fee Picnic Facilities Eliminated Eliminates 5.3 Acre Restoration Picnicking/Adds Zone
Page 1
Stevens Creek Corridor Alternatives
Council Goals Summary
Provide an economic
analysis of what is Consider what other
Encourage educational proposed to be added or recreational amenities are
uses of the creek corridor deleted from the current needed in the community
and support Consider Blue Pheasant Analyze relocating the program so that Council and how the Stevens
environmental operation and how it Blackberry Farm entrance to can understand the Creek corridor fits into the
programming at affects the neighborhood Stevens Creek Boulevard impacts of the proposed overall park and
McClellan Ranch changes recreation offering in
A Ite r n at i yes <^bi,,tyto Generate Cupertino
Revenue)
4,060 Picnic Person Access off Provides golf, environmental
Educational Programming Insufficient Parking during San Femando Avenue and education and opportunities
Existing Operations On-Going at McClellan $$$$
Ranch Evening Hours Golf/Restaurant Access off for small and large group
Stevens Creek Blvd. fee picnics
Provides golf, environmental
lA. Picnic Operations Reduced Implements McClellan Increased Parking at education, opportunities for
Ranch Master Stevens Creek Blvd./New small and large group fee
to 1000/Course Shifted South Reduces Picnic Operation to t ,000 $$+
Plan/Possible Cupertino Lease May Limit Hours of picnics and year-round free
(Map Mailed to Participants) Center for Living History Operation family picnicking and
__ __ walking and bicycling trail
lB. Picnic Operations Reduced New Lease May Limit
Restaurant Hours of $$+
to 1000/Same Park Layout Operation
1C. Picnic Operations Reduced
to 1500/Golf Course on Reduces Picnic Operation to 1,50£ $$$
Stocklmeir
2. Picnic Operations Reduced tc Increased Parking at
1000/Complete Redesign of Stevens Creek Blvd./New Reduces Picnic Operation to 1,00(; $$+
Lease May Limit Restaurant
Park Layout __. Hours of Operation
Provides environmental
3A. Picnic Operations at 2000 Reduces Picnic Operation to
Picnic/No Golf/Access off Eliminates Restaurant 2,000/Provides Dual Access off education, opportunities for
San Fernando Avenue and SC $$ small and large group fee
Stevens Creek Blvd. Blvd. picnics and year-round
walking and bicycling
3B. Picnic Operations at 1000
Picnic/No Golf/Access off $$
Stevens Creek Blvd.
Provides golf, environmental
New Lease May Limit education, opportunities for
4. No Fee Picnic Operation/Golf Restaurant Hours of No Picnic Operation $$ family picnics and year-
Operation round walking and bicycling
access
Page 2
Legend
Iffiffi Lar~e Group ¢ienie
~ Small Group PicnicArea
Existing Golf Coume
Ent~ Ki~s
P~des~n/Bi~e
Gteyens Creak Channel
~ (Iow flow)
.... Proposed Bike/Pod Trail
..... Existing Nature Trail
Horseshoes
O
~ Ranc~ "
STEVENS CREEK CORRIDOR PARK LANDS
DESIGN lB: 1,000 PICNIC AND GOLF
Volleyball
Childrens Play Area
Existing Tree Canopy
ooo
~0~o
000
~o0o
OOO0
Proposed New Trees
Proposed Apricot Omhard
Proposed Restrooms
Proposed Snackbar
Proposed Maintenance
Building
McClellan Road
~ Monta Vista
~.High School
It1 ~'"'~..,..
/
/
1 inch = :tOO fl:.
NORTH
McClellan'
Ranc~n
0
/
STEVENS CREEK CORRIDOR PARK LANDS
DESIGN 1 C: 1,500 PICNIC AND RECONFIGURED GOLF
Legend
~ Large Group Picnic Area
.-r~'.-~ ... Small Group Picnic Area
Proposed Restoration Area
Existing Golf Course
Playing Areas
GreensExisting Golf Course
o Entry Kiosks
Proposed Pedestrian/Bike
Bridge
~ Stevens Creek Channel
(Iow flow)
· ---* ~ Proposed Bike/Pod Trail
· · · · · Existing Nature Trail
=:= Horseshoes
Volleyball
Childrens Play Area
Existing Tree Canopy
Proposed New Trees
~o0o°°° Proposed Apricot Orchard
0000
] Proposed Restrooms
Proposed Snackbar
Proposed Maintenance
Building
McClellan Road ,
NORTH
Monta Vista
\
High School
/
1 inch = 100 ft.
Legend
Large Group Picnic Area
Small Group Picnic Area
Proposed Restoration Area
New Golf Course
Playing Areas
New Golf Course
Tees and Greens
0 Entry Kiosks
Proposed Pedestrian/Bike
Bddge
~ Stevens Creek Channel
ii~. (Iow flow)
" .... Proposed Bike/Ped Trail
..... Existing Nature Trail
Homeshoes
~'~]~ Volleyball
o~0~
Childrens Play Area
Existing Tree Canopy
Proposed New Trees
Proposed Apricot Orchard
Proposed Restrooms
Proposed Snackbar
Proposed Maintenance
Building
I ~,, I1::<~,1 STEVENS CREEK CORRIDOR PARK LANDS
· DESIGN 2: 1000 PICNIC W/RE¢ONFIGURED GOLF COURSE
NORTH
inch = 100
5OO
Stevens
~~ STEVENS CREEK CORRIDOR PARK ~NDS
~_~,, k~:~?~,~ol!,~, , DESIGN 3A: 2000 PICNIC WITH NO GOLF COURSE
/
Legend
~1 Large Group Picnic Area
I~.~ ~. Small Group Picnic Area
Proposed Restoration Area
0 Entry Kiosks
~'4~ ~ Stevens Creek Channel
(iow flow)
,i=. · ~. · .-- Proposed Bike/Ped Trail
..... Existing Nature Trail
: Horseshoes
Softball
Childrens Play Area
!/~ Existing Tree Canopy
... New Trees
Proposed
9ooo°°° Proposed Apdcot Orchard
oooo
[] Proposed Restmoms
Proposed Snackbar
Proposed Maintenance
Building
~ Monta Vista
!~xHigh School
/
1 inch = 100 fL
NORTH
{ /
I/
//?
~~ STEVENS CREEK CORRIDOR PARK LANDS
,~._ ~.~ DESIGN 3B: 1000 PICNIC WITH NO GOLF COURSE
Legend
Large Group Picnic Area
Small Group Picnic Area
Proposed Restoration Area
Entry Kiosks
Stevens Creek Channel
(Iow flow)
Proposed Bike/Peal Trail
· .... Existing Nature Trail
:--: Horseshoes
~ Volleyball
Softball
Childrens Play Area
Existing Tree Canopy
Proposed New Trees
Proposed Apricot Orchard
Proposed Restrooms
Proposed Snackbar
Proposed Maintenance
Building
.Monta Vista
High School
\
/
/
NORTH
1 inch = 100 ft.
Stevens Cr,,~e~ Blvd~ ~_..-',
Legend
Large Group Picnic Area
=r~'-.~ .~[. Small Group Picnic Area
Proposed Restoration Area
Existing Golf Course
Playing Areas
Existing Golf Coume
0 Entry Kiosks
Proposed Pedestrian/Bike
Bridge
Stevens Creek Channel
/ ~"~f'~ (Iow flow)
~,/
:l~ .... Proposed Bike/Ped Trail
L
..... Existing Nature Trail
Volleyball
Childrens Play Area
Existing Tree Canopy
©
0
~ Ranc~
oC)
~~ STEVEN~ CREEK CORRIDOR PARK LANDS
.~!:~!.~:: ......... _D_ES,IGN 4. NO FEE PICNIC AND GOLF
/J
NORTH
Proposed New Trees
Proposed Apricot Orchard
Proposed Restrooms
Proposed Snackbar
Proposed Maintenance
Building
McClellan Road "~
Monta Vista
~,High School
/
StaY,nS C,~k Blvd.
PTShop
Legend
Large Group Picnic Ama
Small Group Picnic Area
Multi-Use Shelter
Proposed Restoration Ama
Existing Golf Course
Playing Areas
Existing Golf Coume
Greens
Entry Kiosks
Proposed Pedestrian/Bike
Bddge
Stevens creek Channel
(Iow flow)
Proposed Bike/Ped Trail
Existing Nature Trail
Horseshoes
Volleyball
Childrans Play Area
Existing Tree Canopy
Proposed New Trees
Proposed Apricot Orchard
Proposed Restrooms
Proposed Maintenance
Building
~cClell~n
Ranch
determined
'STEVENS CREEK CORRIDOR PARK LANDS
MAP 4: COMMISSION RECOMMENDATIONS
McClellan Road
~\ IVlonta Vista
t,,High School
NORTH t inch = lO0 ft.
DRAFT
ORDINANCE NO. 1921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICPAL CODE REGARDING
HOURS OF OPERATION FOR HONE LANDSCAPE MAINTENANCE ACTIVITIES -
USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES OF
CLARIFICATION
WHEREAS, the City Council wishes to limit early moming use of motorized equipment
for .h. ome landscape maintenance;
WHEREAS, the City Council wishes to clarify the measurement procedure for daytime
and nighttime maximum noise levels.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows:
10.48.051 }Iom~ Landscape maintenance activities.
The use of motorized equipment for home ~nfi yarfi landscape maintenance activities shall be
limited to the hours of8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on weekends
and holidays, with the exception of landscape maintenance activities for public schools, public
andprivate golf courses, and public facilities, which are allowed to begin at 7:00 a.m. The use
of motorized equipment for home mhd yard landscape maintenance activities during these hours
is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by
the user to minimize the disturbances to nearby residents by, for example, installation of
appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and
locating equipment so as to generate minimum noise level on adjoining properties.
10.48.040 Daytime and nighttime maximum noise levels.
Individual noise sources, or the combination of a group of noise sources located on the same
property, shall not produce a noise level exceeding those specified on property zoned as follows,
unless specifically provided in another section of this chapter:
Land Use at Point of Maximum Noise Level at Complaint Site of Receiving Property
Origin
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential 55 dBA 65 dBA
This ordinance shall take effect and be in fome thirty (30) days after its passage.
Ordinance No. 1921
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
day of September 2003, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of September 2003 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTA1N:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
DRAFT
ORDINANCE NO. 1922
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.18 OF
THE CUPERTINO MUNICIPAL CODE - STORMWATER POLLUTION
PREVENTION AND WATERSHED PROTECTION
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION I
Amendments
Chapter 9.18 of the Cupertino Municipal Code, entitled Stormwater Pollution Prevention and
Watershed Protection, is hereby amended to read as follows:
9.18.010 - Purpose of Chapter
The U.S. Environmental Protection Agency has identified urban storm water runoff
as the leading cause of water pollution in the United States. Furthermore, both
federal and state agencies have identified storm water runoff as a major source of
pollution adversely impacting the beneficial uses of the South San Francisco Bay. As
a result, the California Regional Water Quality Control Board, San Francisco Bay
Region, has issued the City of Cupertino a National Pollutant Discharge Elimination
System ("NPDES") permit. The NPDES permit requires that the City of Cupertino
implement a Storm Water Management Program to control storm water runoff so that
it does not cause or contribute to a violation of the water quality standards of South
San Francisco Bay.
The purpose of this Chapter is, therefore, to protect health, life, resources and
property by providing minimum requirements designed to control the discharge of
pollutants into the City of Cupertino's storm drain system and to assure that
discharges from the City of Cupertino storm drain system comply with applicable
provisions of the Federal Clean Water Act and National Pollutant Discharge
Elimination System Permit No. CA0029718. Enactment of this Chapter falls within
the scope of the City of Cupertino police powers to protect the health, safety, and
welfare of its residents. Nothing in this Chapter is intended to preclude more
stringent federal or state regulation of any activity covered by this Chapter.
9.18.020 - Definitions
Replace the Definitions section in Chapter 9.18.020 with the following.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by this section, unless the context or the provision clearly requires
otherwise.
Ordinance No. 19~2
10.
11.
APPLICANT. Any person, firm, or governmental agency who executes the
necessary forms to procure official approval ora project or a permit to carry out
construction of a project.
BEST MANAGEMENT PRACTICE (BMP). A structural device or nonstructural
practice designed to temporarily store and/or treat stormwater runoff in order to
reduce pollution, mitigate flooding and provide other amenities.
CITY. All the territory lying within the municipal boundaries of the City of
Cupertino, as presently existing, plus all territory which may be added thereto during
the effective term of the ordinance codified in this chapter.
COMMERCIAL VEHICLE WASHING FACILITY. A commercial facility
where vehicle washing is a primary business activity. Commercial vehicle washing
facilities include, but are not limited to, mobile washing rigs.
COOLING SYSTEM. The pipes, heat exchangers and other appurtenances used to
convey cooling water in cooling towers, direct contact cooling systems and similar
fixed cooling systems. Multiple units of a cooling water system serving a building or
piece of equipment are considered as one system if the cooling water distribution
system units are physically connected.
DEEMED COMPLETE. The City reviews development applications within 30 days
of submittal to determine whether all the required information has been provided and
the application can be "deemed complete" and accepted. If the application submittal
is incomplete, staff sends a letter to the applicant indicating that the application is
"deemed incomplete" and lists the items needed to complete the application. If the
Planning Division's written determination is not made within 30 days after receipt of
the application, under State Law, it is deemed "complete" and staff proceeds with
processing the application.
DEVELOPMENT. A land development or land development project.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works and his or her
duly authorized agents and representatives.
DIRECTOR OF COMMUNITY DEVELOPMENT. The Director of Community
Development and his or her duly authorized agents and representatives.
EROSION AND SEDIMENTATION CONTROL PLAN. A plan designed to
minimize the accelerated erosion and sediment runoff at a site during land disturbance
activities.
EXISTING CONDITIONS. Refers to the conditions that exist on a site before the
commencement of a land development project and at the time the City of Cupertino
approves plans for the land development of a site. Where phased development or
2
Ordinance No. 1922
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
plan approval occurs (preliminary grading, roads and utilities, etc.), the existing
conditions are considered those at the time before the first item being approved or
permitted.
FLEET WASHING FACILITY. A facility for washing vehicles at a location
where a business maintains six or more vehicles.
FOOD SERVICE FACILITY. Any nonresidential establishment that uses or
generates grease when preparing food. Food service facility does not include any
facility that prepares food for off-site cooking and consumption, or any facility that
does not use, generate, or dispose of grease in cooking or preparing food.
GREASE. Includes fats, oils, waxes, or other related constituents. Grease may be of
vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils,
and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of
mineral origin, including kerosene, lubricating oil, and road oil.
GREASE REMOVAL DEVICE. An interceptor, trap or other mechanical device
designed, constructed and intended to remove, hold or otherwise prevent the passage
of grease to the sanitary sewer.
HAZARDOUS MATERIAL. Any material so designated by Chapter 101 of this
code.
ILLICIT CONNECTION. The unauthorized connection ofa wastewater stream to
storm sewers.
IMPERVIOUS SURFACE. A surface composed of any material that significantly
impedes or prevents the natural infiltration of water into soil. Impervious surfaces
include, but are not limited to, rooftops, buildings, streets and roads, and any concrete
or asphalt surface.
EASEMENT. A grant or reservation by the owner of land for the use of such land
by others for a specific purpose or purposes, and which must be included in the
conveyance of land affected by such easement.
LAND DEVELOPMENT ACTIVITIES. Those actions or activities that comprise,
facilitate or result in land development.
LOADING DOCK. The area of a facility intended for the loading and unloading of
tracks, plus an additional radius often feet.
NEW DEVELOPMENT. A land development activity on a previously undeveloped
site.
3
Ordinance No. 19211
23. NPDES MUNICIPAL STORMWATER DISCHARGE PERMIT. A National
Pollution Discharge Elimination System permit issued to the City of Cupertino by the
Regional Water Quality Control Board, San Francisco Bay Region.
24. NUMERIC BMP SIZING CRITERIA. Requirements for designing stormwater
BMPs that are included in the City's NPDES Municipal Stormwater Discharge
Permit and more specifically described in the Santa Clara Valley Urban Runoff
Pollution Prevention Program's "Guidance for Implementing Stormwater Regulations
for New and Redevelopment Projects."
25. OIL-WATER SEPARATOR. A receptacle designed and constructed to intercept,
separate, and prevent the passage of oils and sediments into the sewer system.
26. ON-SITE STORMWATER TREATMENT FACILITY. A stormwater treatment
facility located within the boundaries of the site.
27. OPERATION AND MAINTENANCE AGREEMENT. A written agreement
providing for the long-term operation and maintenance of stormwater management
facilities and practices on a site or with respect to a land development project, which
when properly recorded in the deed records constitutes a restriction on the title to a
site or other land involved in a land development project.
28. OWNER. The legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person,
firm or corporation in control of the site.
29. PERMIT. The permit issued by the City of Cupertino to the applicant required for
undertaking any land development activity.
30.
PERSON. Any person, firm, association, organization, partnership, business trust,
joint venture, corporation or company, and includes the United States, the State of
California, the County of Santa Clara, special purpose districts and any officer or
agency thereof.
31.
POST-DEVELOPMENT. Refers to the time period, or the conditions that may
reasonably be expected or anticipated to exist, after completion of the land
development activity on a site as the context may require.
32.
REDEVELOPMENT. A land development project on a previously developed site,
excluding ordinary maintenance activities, interior remodeling of existing buildings,
resurfacing of paved areas, and exterior changes or improvements which do not
materially increase or concentrate stormwater runoff, or cause additional stormwater
runoff pollution.
33. RUNOFF. Stormwater runoff.
4
0rdlnance No. 19~
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
RUNON. Stormwater flow entering a specific location from elsewhere on or off the
site.
SANITARY SEWAGE OR SEWAGE. Water-carried wastes from residences,
business property, institutions and industrial property excluding ground water, surface
water, and storm waters.
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION
PROGRAM (SCVURPPP). The Santa Clara Valley Urban Runoff Pollution
Prevention Program is an association of thirteen cities and towns in the Santa Clara
Valley, together with Santa Clara County and the Santa Clara Valley Water District.
Program participants, referred to as Co-permittees, share a common Municipal
NPDES permit to discharge stormwater to South San Francisco Bay.
SECONDARY CONTAINMENT. The level of containment external to and
separate from the primary containment.
SEWER SYSTEM OR SANITARY SEWER SYSTEM. All sewers and other
facilities for carrying, collecting, treating, and disposing of sanitary sewage.
SITE. Any tract, lot or parcel of land or combination of tracts, lots, or parcels of
land, which are in one ownership, or are contiguous and in diverse ownership where a
development is to be performed as part of a unit, subdivision, or project.
STORM DRAIN. Any pipe, conduit or sewer of the city designed or used for the
disposal of storm and surface waters and drainage including unpolluted cooling water
and unpolluted industrial process water, but excluding any community sanitary sewer
system.
STORMWATER DISCHARGE. Any discharge from land that results or probably
will result in a discharge into watercourses. The discharges represent a process
whereby pollutants, debris and chemicals generated from various land uses
accumulate on streets, construction sites, parking lots and other exposed surfaces and
are washed off and carried away by stormwater runoff into watercourses. The major
pollutants of concern in these discharges are heavy metals, sediments, petroleum
hydrocarbons, organochlorine, pesticides and toxics.
STORMWATER MANAGEMENT. The collection, conveyance, storage,
treatment and disposal of stormwater runoff in a manner intended to prevent
increased flood damage, streambank channel erosion, habitat degradation and water
quality degradation, and to enhance and promote the public health, safety and general
welfare.
STORMWATER MANAGEMENT FACILITY. Any infrastructure that controls,
treats or conveys stormwater runoff.
44. STORMWATER MANAGEMENT PLAN. A document describing how existing
runoff characteristics will be affected by a land development project and containing
measures for complying with the provisions of this ordinance.
45. STORMWATER POLLUTANT SOURCE CONTROL BMPS. Measures or
practices used to control stormwater pollution by eliminating contact between rainfall
and the potential source of contamination.
46. STORMWATER POLLUTION PREVENTION PLAN. A document identifying
potential stormwater pollutant sources at a construction site, the stormwater source
control BMPs to be used to reduce these pollutants during and after construction and
a description of required BMP monitoring. Generally applies to construction projects
disturbing one or more acres.
47. STORMWATER RUNOFF. Water from rain, landscape irrigation, or other sources
that flows over the land surface without entering the soil.
48. UNPOLLUTED WATER. Water to which no constituent has been added, either
intentionally or accidentally, that would render the water unacceptable for disposal to
storm or natural drainages or directly to surface waters.
49. VEHICLE FLUID. A liquid used in or drained from a motor vehicle. Vehicle
fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid,
radiator fluid, hydraulic fluid, transmission fluid, and coolant.
50. VEHICLE SERVICE FACILITY. A commercial or industrial facility that
conducts one or more of the following operations with respect to vehicles or
components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement,
engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle
washing.
51. WASTE. Sewage and soil from erosion and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with human habitation, or of human
or animal origin, or from any producing, manufacturing or processing operation of
whatever nature, including waste placed within containers of whatever nature prior to,
and for purposes of, disposal.
52. WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any
adjacent area that is subject to inundation from overflow or flood water.
53. WATER QUALITY IMPACT. Any deleterious effect on waters or wetlands,
including their quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses that are or may potentially be harmful or
injurious to human health, welfare, safety or property, to biological productivity,
Ordlnanee No. 10~2
diversity, or stability or which unreasonably interfere with the enjoyment of life or
property, including outdoor recreation.
9.18.030 - Limitations on Point of Discharge
No person shall discharge any substance directly into a manhole or other opening in a
City storm drain other than through a city approved storm drain connection.
9.18.040 - Discharge into the Storm Drain Prohibited
A. It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any
storm drain or natural outlet or channel all waste, including but not restricted to,
sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising
from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents,
paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and
fertilizers.
B. It is unlawful to cause hazardous materials, domestic waste or industrial waste to be
deposited in such a manner or location as to constitute a threatened discharge into
storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a
condition creating a substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take immediate action to
prevent, reduce or mitigate damages to persons, property or natural resources.
Domestic or industrial wastes that are no longer contained in a pipe, tank or other
container are considered to be threatened discharges unless they are actively being
cleaned up.
C. The Director of Public Works may require that unpolluted cooling water or other
unpolluted water be discharged into a natural outlet. However, allowable discharges
shall not cause any impairment in the beneficial uses or quality of water of the state as
defined in the California Water Code or any special requirements of the Regional
Water Quality Control Board, San Francisco Bay Region or to injure or interfere with
the operation of the State's watercourses. City may, from time to time, by resolution
of the City Council adopt supplementary rules and regulations on discharge into any
storm drain or natural outlet or channel which shall have the same force and effect as
if set forth herein and for which the remedies herein for violation shall be applicable.
9.18.050 - Public Nuisance
The discharge of unscreened garbage, fruit, vegetable, animal or other solid industrial
wastes into any storm drain or natural outlet or channel, in violation of any provision
of this Chapter, is hereby declared to be a public nuisance and shall be handled in the
same manner as provided in Chapter 1.09 of this Code.
9.18.060 - Protection From Accidental Discharge
Each person shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this Chapter into any storm drain or natural
Ordinance No. 1922
outlet or channel. Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the user's expense.
9.18.070 - Accidental Discharge -Notification of Discharge
All persons shall notify the Director of Public Works by telephone immediately upon
accidentally discharging wastes to enable countermeasures to be taken by the City to
minimize damage to storm drains and the receiving waters. This notification shall be
followed, within ten (10) days of the date of occurrence, by a detailed written
statement describing the causes of the accidental discharge and the measures being
taken to prevent future occurrences. Such notification will not relieve persons of
liability for violations of this Chapter or for any fines imposed on the city on account
thereof under Section 13350 of thc California Water Code, or for violation of Section
5650 of the California Fish and Wildlife Code, or any other applicable provisions of
State or Federal laws.
9.18.080 - Discharge Permitted Pursuant to NPDES Permit
The provisions of this Chapter shall not prohibit any discharge in compliance with a
valid NPDES permit issued to the discharger.
9.18.090 Stormwater Pollution Prevention Plan
Storm water pollution prevention plans (SWPPPs) shall be prepared and made
available at construction sites for all projects disturbing a soil area of one (1) or more
acres. Preparation of the SWPPP shall be in accordance with the most recent versions
of the "Guidelines for Construction Projects," published by the San Francisco Bay
Region of the California Regional Water Quality Control Board and the City of
Cupertino "Construction BMP Selection Matrix."
9.18.100 Permanent Storm Water Pollution Prevention Measures Required
A. All development and redevelopment projects shall include permanent BMPs in
order to reduce the water quality impacts of stormwater runoff from the entire site
for the life of the project.
B. Significant Redevelopment projects that result in an increase of, or replacement
of, more than fifty (50) percent of the impervious surface of a previously existing
development shall include permanent BMPs sufficient to reduce water quality
impacts of stormwater runoff from the entire site for the life of the project.
C. Significant Redevelopment projects that result in an increase of, or replacement of
fifty (50) percent or less of the impervious surface of a previously existing
development shall include permanent BMPs sufficient to reduce water quality
impacts of stormwater runoff fi.om the increased or replaced portion of the site for
the life of the project.
8
Ordinance No. 1922
D. No final building or occupancy permit shall be issued without the written
certification of the Director of Public Works that the requirements of this chapter
have been satisfied.
9.18.110
Design and Selection of Best Management Practices
Stormwater quality best management practices shall be selected and designed to
the satisfaction of the Director of Public Works in accordance with the
requirements contained in the most recent versions of the following documents.
1. City of Cupertino BMP Selection Matrices (Construction and Post-
Construction);
2. Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP)
"Guidance for Implementing Stormwater Regulations for New and
Redevelopment Projects;"
3. NPDES Municipal Stormwater Discharge Permit issued to the City of
Cupertino by the California Regional Water Quality Control Board, San
Francisco Bay Region;
4. California BMP Handbooks;
5. "Start at the Soume" Design Guidance Manual;
6. Bay Area Stormwater Management Agencies Association "Using Site Design
Standards to Meet Development Standards for Stormwater Quality - A
Companion Document to Start at the Source"; and
7. City of Cupertino Planning Procedures Performance Standard.
Numeric sizing criteria used to design stormwater pollutant removal treatment
systems shall be in accordance with the City's current NPDES Municipal
Stormwater Discharge Permit.
1. Treatment systems depending on volume capacity, such as detention/retention
units or infiltration structures, shall be designed to treat stormwater runoff
equal to:
a. The maximized stormwater quality capture volume for the area, based on
historical rainfall records, determined using the formula and volume
capture coefficients set forth in Urban Runoff Quality Management, WEF
Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998),
pages 175-178 (e.g. approximately the 85th percentile 24-hour storm
runoff event); or
b. The volume of annual runoff required to achieve 80 percent or more
capture, determined in accordance with the methodology set forth in
Appendix D of the California Stormwater Best Management Practices
Handbook for New Development and Redevelopment (2003), using local
rainfall data.
2. Treatment BMPs whose primary mode of action depends on flow capacity,
such as swales, sand filters, or wetlands, shall be sized to treat:
a. 10% of the 50-yearpeak flow rate; or
b. The flow ofrunoffproduced by rain equal to at least two times the 85th
percentile hourly rainfall intensity for the applicable area, based on
historical records of hourly rainfall; or
9
0rdlnance No. 19]]
c. The flow of runoff resulting from rain equal to at least 0.2 inches per hour
intensity.
9.18.120 Stormwater Management Plan Required
A. Development Permit Application Requirements
Applications for land development projects meeting the criteria below must be
accompanied by a Stormwater Management Plan, including stormwater quality
best management practices (BMPs), as required by this ordinance. The
Stormwater Management Plan shall detail how runoff and associated water
quality impacts resulting from the activity will be controlled or managed.
1. New commercial, industrial, residential or institutional development creating
one (1) acre or more of impervious surface, collectively over the entire project
site, including roof area, parking lots, streets and sidewalks;
2. Redevelopment of existing commercial, industrial, residential or institutional
parcel or parcels creating, adding or replacing one (1) acre or more of
impervious surface, collectively over the entire project site, including roof
area, parking lots, streets and sidewalks;
3. Public streets, roads and parking lots creating or replacing one (1) acre or
more of impervious surface, collectively over the entire project site.
4. Land development activities that are smaller than the minimum applicability
criteria set forth in items 1 and 2 above, if such activities are part of a larger
common plan of development, even though multiple, separate and distinct
land development activities may take place at different times on different
schedules.
B. Building Permit Requirements
No building, grading, or erosion and sediment control permit shall be issued until
the Stormwater Management Plan has been reviewed and approved by the
Director of Public Works.
9.18.130 Stormwater Management Plan Contents
The development permit applicant is responsible for submitting a Stormwater Management Plan
that meets the design requirements of this Ordinance. The plan shall include sufficient
information to evaluate the environmental characteristics of affected areas, the potential impacts
of the proposed development on water resources, and the effectiveness and acceptability of
measures proposed for managing stormwater runoff. The minimum information submitted for
support of a Stormwater Management Plan shall be as follows:
A. Common address, parcel number and legal description of the site;
i~. Contact information for all persons having a legal interest in the property;
C. Vicinity map;
D. A brief narrative description of the project;
E. Geotechnicial investigations including soil maps, borings, site-specific
recommendations, and any additional information necessary for the proposed
stormwater management design;
10
37-/c2
Ordinance
9.18.140
F. Written or graphic inventory of natural resources existing at the site and in the
surrounding area, including, but not limited to, watercourses, wetlands, and native
vegetative areas;
G. Data for total site area, disturbed area, new and/or replaced impervious surface
area, and total impervious surface area;
H. Topographic survey information showing existing and proposed contours,
including all areas necessary for the post-development hydraulic analyses of
proposed stormwater management facilities;
I. Erosion and sediment control plan, as required by City Code Section 16.08,
Excavation, Grading and Retaining Walls;
J. A list of any other applicable environmental permits that will be required for the
project and the responsible agencies (examples: Santa Clara Valley Water
District, State Department ofFish and Game, Regional Water Quality Control
Board);
K. Hydrologic computations, including drainage area maps depicting existing and
post-development runoff flow paths and land use;
L. Hydraulic computations for existing and post-development conditions;
M. A list of all stormwater management facilities and practices to be employed at the
site;
N. A list of any regular on-site cleaning activities to be used as stormwater pollutant
source controls (example: pavement sweeping) and the schedules for these
cleaning activities;
O. Numeric BMP sizing criteria computations according to the SCVURPPP
"Guidance for Implementing Stormwater Regulations for New and
Redevelopment Projects;"
P. Structural and construction details for all components of the proposed drainage
system or systems and stormwater management facilities;
Q. Landscaping plan showing disposition of existing vegetation and any vegetative
site stabilization and/or landscape-based storm water management measures;
R. Cost estimates for all proposed on-site stormwater treatment facilities for the
purpose of calculating the amount of any required performance bonds;
S. BMP operation and maintenance procedures, including maintenance tasks,
inspection and maintenance schedule, the parties responsible for BMP operation
and maintenance, funding mechanisms for on-going operation and maintenance
and access and safety issues;
T. Certification by the owner/developer that all stormwater management
construction will be done according to this Stormwater Management Plan;
U. An as-built certification signature block to be executed by the responsible
registered civil engineer after project completion; and
V. Any other information as may be required by the Director of Public Works.
Preparation of the Stormwater Management Plan
A. The Stormwater Management Plan shall be prepared under the direction of a
professional civil engineer registered in the State of California. The responsible
11
Ordinance No.
9.18.150
9.18.160
professional civil engineer shall stamp and sign the approved Stormwater
Management Plan.
The Director of Public Works may require a developer to provide a signed
certification from the civil engineer responsible for preparing the Stormwater
Management Plan that all stormwater best management practices have been
designed to meet the requirements of this Ordinance. Each certifying civil
engineer shall establish to the City's satisfaction that such person has been trained
on the design of stormwater quality best management practices not more than
three (3) years prior to the certification signature date. Qualifying training shall
be conducted by an organization with stormwater quality management expertise,
such as a university, the Bay Area Stormwater Management Agencies
Association, the American Society of Civil Engineers, the American Public
Works Association, or the California Water Environment Association.
Stormwater BMP Operation and Maintenance Responsibility
A. For the life of the project, all on-site stormwater management facilities shall be
operated and maintained in good condition and promptly repaired by the property
owner(s), an Owners' or Homeowners' Association or other legal entity approved
by the City.
B. Any repairs or restoration and maintenance shall be in accordance with City-
approved plans.
C. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Management Plan.
Stormwater BMP Operation and Maintenance Agreement
A. Prior to the issuance of any building permit requiring stormwater management
BMPs, the owner(s) of the site shall enter into a formal written stormwater BMP
operation and maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa
Clara and it shall be binding on all subsequent owners of land served by the
stormwater management treatment BMPs.
B. The stormwater BMP operation and maintenance agreement shall require that the
BMPs not be modified and that BMP maintenance activities not alter the designed
function of the facility from its original design unless approved by the City prior
to the commencement of the proposed modification or maintenance activity.
C. The stormwater BMP operation and maintenance agreement shall provide that in
the event that maintenance or repair is neglected, or the stormwater management
facility becomes a danger to public health or safety, the City shall have the
authority to perform maintenance and/or repair work and to recover the costs from
the owner.
D. The owner shall provide the City with three signed copies of the recorded
stormwater BMP operation and maintenance agreement.
12
Orcl~nance No.
9.18.170 Stormwater BMP Inspection Responsibility
The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a knowledgeable party.
Unless otherwise required by the Director of Public Works, stormwater facility
inspections shall be done at least twice per year, once in fall, in preparation for the
wet season, and once in winter. Written records shall be kept of all inspections
and shall include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List ofstormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site reinspection
9.18.180 Records of Maintenance and Inspection Activities
On or before April 15th of each year, the party responsible for the operation and maintenance of
on-site stormwater management facilities shall provide the Director of Public Works with
records of all inspections, maintenance and repairs.
9.18.190 Failure to Maintain
A. If the responsible party fails or refuses to meet the requirements of the stormwater
BMP operation and maintenance agreement, the City, after thirty (30) days
written notice, may correct a violation of the design standards or maintenance
requirements by performing the necessary work to place the facility or practice in
proper working condition.
B. In the event the City determines that the violation constitutes an immediate danger
to public health or public safety, 24 hours written notice from the City shall be
sufficient.
C. The City may assess the owner(s) of the property for the cost of repair work and
any penalties. This may be accomplished by placing a lien on the property, which
may be placed on the tax bill for such property and collected in the ordinary
manner for such taxes.
9.18.200 Inspection and Maintenance Easement
A. The Director of Public Works shall have access to all on-site stormwater
treatment facilities for the purpose of inspection and repair. This includes the
right to enter a property when the City has a reasonable basis to believe that a
violation of this ordinance is occurring or has occurred and to enter when
necessary for abatement of a public nuisance or correction of a violation of this
ordinance.
13
Orrt~nanee ]qo. 10~
9.18.210
B. Prior to the issuance of a building permit for which storrnwater management
BMPs are required, the applicant/owner shall secure the necessary inspection and
maintenance easement(s) on a permanent basis. The terms of the inspection and
maintenance easement shall allow the City to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection and repair.
C. The inspection and maintenance easement will be recorded by the City with the
stormwater BMP operation and maintenance agreement and will remain in effect
even with transfer of title to the property.
D. The owner shall provide the City with three signed copies of the recorded
inspection and maintenance easement.
Stormwater Pollutant Source Control BMPs
A. Storm Drain Inlet Labeling
Storm drain inlets shall be clearly marked with the words "No Dumping - Flows
to Bay," or equivalent.
B. Drains and Drain Lines
1. Interior floor drains shall not be connected to the storm drain system.
2. Exterior drains within the following areas shall not be connected to the
storm drain:
a. Equipment or vehicle washing areas;
b. Areas where chemicals, hazardous materials, or other uncontained
materials are stored unless secondary containment is provided;
c. Equipment or vehicle fueling areas or fluid changing areas;
d. Loading docks where chemicals, hazardous materials, grease, oil, or
waste products are handled.
3. Where feasible, roof drains shall not connect directly to the storm drain
system. Roofrunoffshall be directed to landscaped areas. Upon approval
of the Director of Public Works, projects located in hillside areas may be
exempt from these requirements.
4. Nonresidential facilities shall either: (a)provide secondary containment
for all roof-monnted equipment, tanks, and piping containing liquids other
than potable water; or (b) connect all roof drains and equipment discharge
lines to the sanitary sewer.
5. Boiler drain lines shall be connected to the sewer system and may not be
discharged to the storm drain system.
6. Cooling systems shall not be connected or allowed to drain to the storm
drain system.
7. Condensate lines shall not be connected or allowed to drain to the storm
drain system.
C. Pool and Spa Discharges
1. It shall be unlawful to discharge water from pools and spas to the storm
drain system.
2. When draining a pool, a hose or other temporary system shall be directed
into a sewer (not storm drain system) clean out.
14
Ordinance No. 1022
3. For swimming pools installed or remodeled after the adoption date of this
ordinance, a sewer clean out shall be installed in a readily accessible area,
within ten (10) feet of the pool edge, if possible.
4. De-chlorinated spa discharges may be directed to landscaped areas,
providing this does not generate mnoffto the storm drain system.
Vehicle and Equipment Fueling Facilities
Vehicle or equipment fueling facilities installed or remodeled after the adoption
date of this ordinance shall be designed to prevent the runon of stormwater and
runoffof spills. This shall be accomplished by:
1. Paving the fueling area with concrete or other impervious surface;
2. Covering the fueling area and extending the cover a minimum of ten (I 0) feet
beyond the fuel pumps in the directions of vehicle or equipment access and
egress; and
3. Grading the area (sloped inward) or installing a berm or curb around the
perimeter of the fueling area. Storm drains shall be prohibited in these fueling
areas.
Vehicle Service Facilities
1. No person shall dispose of, nor permit the disposal, directly or indirectly, of
vehicle fluids, hazardous mater/als, or rinsewater from parts cleaning
operations into storm drains.
2. All owners and operators of vehicle service facilities shall ensure that any
vehicle fluid, hazardous material, or rinsewater from parts cleaning operations
that comes into contact with any floor, pavement or ground surface is cleaned
up immediately from such surface.
3. No tanks, containers or sinks used for parts cleaning or rinsing shall be
connected to the storm drain system.
4. No person shall perform vehicle fluid removal outside a building, nor on
asphalt or ground surfaces, whether inside or outside a building, except in
such a manner as to ensure that any spilled fluid will be in an area of
secondary containment.
5. Leaking vehicle fluids shall be contained or drained immediately.
6. No person shall leave unattended drip parts or other open containers
containing vehicle fluid, unless such containers are in use or in an area of
secondary containment.
7. No person shall discharge wastewater from vehicle washing operations or
wash racks to a storm drain, or onto the ground.
8. No person shall discharge water from vehicle washing operations into the
storm drain, except that used for rinsing of vehicle exterior surfaces with
water to remove only atmospheric dust deposited on a vehicle when not in
use. This exception does not apply to commercial vehicle washing facilities
or fleet washing.
9. Vehicle service facilities shall be cleaned using only those methods of
cleaning that ensure that no materials are discharged to the storm drain
10. All owners and operators of vehicle service facilities shall ensure that spill
prevention and clean-up equipment and absorbent materials are kept in stock
at all times and are readily available for use.
15
Ordinance IM'o. 1922
11. No acid-containing batteries shall be stored except within secondary
containment.
12. All owners and operators of vehicle service facilities shall post or cause to be
posted signs on all storm drains located on the property of the facility
notifying persons that the discharge of waste into the storm drain is illegal.
F. Food Service Facilities
1. Food service facilities shall have a sink or other area for cleaning floor mats,
containers, and equipment, which is connected to a grease removal device and
the sanitary sewer. The sink or cleaning area shall be large enough to clean
the largest mat or piece of equipment to be cleaned.
2. New buildings constructed to house food service facilities shall include a
covered area for a dumpster. The area shall be designed to prevent water
runon to the area and runoff from the area.
3. Drains that are installed beneath dumpsters serving food service facilities shall
be connected to a grease removal device.
G. Parking Garages
1. If installed, parking garage floor drains on interior levels shall be not be
connected to the storm drain, but to an oil/water separator prior to discharging
to the sanitary sewer system.
2. Parking garage oil/water separators shall have a minimum capacity of 100
gallons.
3. The parking garage oil/water separator shall be cleaned at a frequency of at
least once every twelve months or more frequently if recommended by the
manufacturer or as required by the City.
H. Root control chemicals.
No person shall discharge, dispose or add to the storm drain system any substance
to control roots.
I. Dumpsters
1. New buildings, except for single-family and duplex residences, shall provide a
covered-area for a dumpster.
2. The area shall be designed to prevent water mnon to the area and runoff from
the area.
3. Dumpsters serving food service facilities shall be designed in accordance with
Section 9.18.200F, above.
J. Multi-Family Residential Vehicle Washing Facilities
1. New residential buildings with 25 or more units shall provide a covered,
bermed area for occupants to wash their vehicles.
2. The vehicle washing area shall be designed to prevent water runon to the area
and runoff from the area.
3. A drain shall be installed to capture all vehicle washwaters and shall be
connected to an oil/water separator prior to discharge to the sanitary sewer
system.
4. Vehicle washing area oil/water separators shall have a minimum capacity of
100 gallons.
16
Ord~nanoe ~o. 10~'~
9.18.220
9.18.230
9.18.240
9.18.250
5. The oil/water separator shall be cleaned at a frequency of at least once every
six months or more frequently if recommended by the manufacturer or the
superintendent.
K. Copper roofing materials.
1. Copper metal roofing, copper granule-containing asphalt shingles and copper
gutters shall not be permitted for use on any residential, commercial or
industrial building for which a building permit is required.
2. Copper flashing for use under tiles or slates and small copper ornaments are
exempt fi.om this prohibition.
Violation
Any person who violates any provision of this Chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapter
1.12 of this Code.
Civil Penalty For Violation -Payment of Funds to Account
Any person who violates any provision of this Chapter or any provision of any permit
issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed
the amounts provided for in Government Code §§54740 and/or 54740.5. The City
may petition the Superior Court pursuant to Government Code §54740 to impose,
assess and recover such sums. The civil penalty provided in this section is cumulative
and not exclusive, and shall be in addition to all other remedies available to the City
under State and Federal law and local ordinances. Funds collected pursuant to this
Section shall be paid to City's Environmental Storm Management Account.
Civil Penalty for Illicit Discharges - Payment of Funds to Account
Any person who discharges pollutants, in violation of this Chapter, by the use of
illicit connections shall be civilly liable to the City in a sum not to exceed Twenty
Five Thousand Dollars ($25,000.00) per day per violation for each day in which such
violation occurs. The City may petition the Superior Court pursuant to Government
Code §54740 to impose, assess and recover such sums. The civil penalty provided in
this section is cumulative and not exclusive, and shall be in addition to all other
remedies available to the City under State and Federal law and local ordinances.
Funds collected pursuant to this section shall be paid to City's Environmental Storm
Management Account.
Notice of Violation
Unless the Director of Public Works finds that the severity of the violation warrants
immediate action under Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit
revocation or suspension, he/she shall issue a notice of violation which:
(1) Enumerates the violations found; and
17
Ordinance Mo.
(2) Orders compliance by a certain date.
9.18.260 Administrative Penalties - Payment of Funds to Account
Whenever the City Manager or his/her designee finds that any person has violated
any notice, of violation requiring compliance with any provision of this Chapter, or
has violated any provision of this Chapter, he may assess an administrative penalty in
a sum not to exceed the amounts provided in Government Code {}54740.5. The
remedy provided in this Section is cumulative and not exclusive, and shall be in
addition to all other remedies available to the City under State and Federal law and
local ordinances. Funds collected pursuant to this section shall be paid to City's
Environmental Storm Management Account.
9.18.270 Severability
If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is
for any reason held to be unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining portion of this Chapter shall
not be affected thereby.
Section II
Applicability
The Stormwater Management Plan requirement of this ordinance applies to all new or
redevelopment projects, unless the project application was "deemed complete" by the Director of
Community Development prior to the effective date of this ordinance.
Section III
Enforcement
The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon
its becoming effective with the Sheriffs Office and the County of Santa Clara, State of
California.
Section IV
Publication
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation published and circulated in the city within fifteen {15) days after its passage, in
accordance with §36933 of the Government Code; shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
18
Ordinanee No. 1022
INTRODUCED at a regular meeting of the City Council this 2"a day of September, 2003,
and ENACTED at a regular meeting of the City Council this 15th day of September 2003, by the
following vote:
Vote:
Members of the City Council:
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
19
DRAFT
ORDINANCE NO. 1923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.08 OF THE CUPERTINO MUNICIPAL CODE
REGARDING WEED ABATEMENT
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
the Cupertino Municipal Code Section shall be amended to read as follows:
9.08.080 Notice of report.
The City Clerk shall post a copy of the report and assessment list specified in
Section 9.08.070 in a conspicuous place :~ ~ '"~" ~--, ^r ~,~ ~;.,, ^rc,~
.............. J ........ a ....... near the
main door of the city council chambers, together with a notice of the filing thereof and of
the time and place when and where it will be submitted to the City Council for heating
and confirmation, notifying property owners that they may appear at such time and place
and object to any matter contained therein. In addition, the ............. City Clerk shall
mail a copy of the notice and his the assessment list to all persons owning property
described in his the assessment list. The mailing labels shall be provided by the Fire
Marshal. The posting and mailing of the notice and assessment list shall be made and
completed at least ten days prior to the time for hearing objections by the City Council.
Such notice shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED
ABATEMENT NOTICE IS HEREBY GIVEN that on ,4-9 20 the County
Fire Marshal filed with the City Clerk a report and assessment on abatement of weeds
within the City, copies if which are posted '~n
............... ., ......... ~ ......£ near the
main door of the city council chambers. NOTICE IS FURTHER GIVEN that on
~9 20 , at the hour of o'clock , in the chambers of the City
Council said report and assessment list will be presented for consideration and
confirmation, and that any and all persons interested, having any objections to said report
and assessments list, or to any matter or thing contained therein, may appear at said time
and place and be heard. Dated this day of , -1-9 20
City Clerk of the City of Cupertino
This ordinance shall take effect and be in force thirty (30) days after its passage.
Ordinance No. 1923
Page 2'
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2nd day of
September 2003 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 15th day of September 2003, by the following vote:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Stevens Creek Corridor
Alternatives Summary
Max Fee Picnicking Fee Picnic Parking Accommodates (based Max Free Family Parking Accommodates (based Number of Pedestrian/
Alternatives Attendance Parking upon 2.5 person/vehicle) Entrance Picnicking Picnic Parking upon 2.5 person/vehicle) Restoration Zone Bicycle Bridges
1,100 Spaces with 2,750 Picnickers (to reach 4,000 visitors San Femando 3 Low Flow Auto Crossings
Existing Operations 4,000 Parking At~endant~ shuttle service is provided from Monta Avenue None None None None and 3 Pedestrian
Vista) Bddges
lA. Picnic Operations Reduced San Femando 112 spaces at Combined with I Auto Crossings and
io 1000/Course Shifted 1,000 311 778 Picknickers Combined with Golf Course 185,347 s.f./3.8 acres
South/Mailed to Participants Avenue Stocklmeir Golf Course 3 Pedestrian/Bicycle Bddgee
1 B. Picnic Operations Reduced San Fernando 200 spaces at south
1,000 369 Spaces 922 Picnickers 40 Spaces 100 Picnickers 159,320 s.f./3.2 acres 4 Pedestrian/Bicycle Bddgee
to 1000/Same Footprint Avenue end of Blackberry
1C. Picnic Operations Reduced San Femando 200 spaces at south
~o 1500/Golf Course on 1,500 561 Spaces 1,402Picnickers 40 Spaces 100 Picnickers 162,801 s.f./3.4 acres 4 Pedestrian/Bicycle Bddges
Stocklmeir Avenue end of Blackberry
;'. Picnic Operations Reduced
Io 1000/Complete Redesign of 1,000 327 Spaces 817 Picnickers San Femando 168 spaces at south 96 Spaces 240 Pickners 316,302 s.f./6.5 acres 3 Pedestrian/Bicycle Bridges
Park Layout Avenue end of Blackberry
3A. Picnic Operations at 2000 :San I-ernanao
Picnic/No Golf/Access off SC 2,000 801 Spaces 2002 Picnickers Avenue and 160 spaces at south 50 Spaces 125 Picnickers 550,542 s.f./11.3 acre., None
Blvd. Stevens Creek end of Blackberry
RI~/H
3B. Picnic Operations at 1000 5an ~-ernanao
Picnic/No Golf/Access off SC 1,000 406 Spaces 1,015 Picnickers Avenue and 144 spaces at south 50 Spaces 125 Picnickers 605,270 s.f./12.5 acre., None
Blvd. Stevens Creek end of Blackberry
Rival
San Fernando
4. No Fee Picnic Operation/Golf None None None Avenue 259,481 s.f./5.3 acres
Page 1
EXHIBITS
BEGIN
HERE
Memo To: Cupertino City Council & Commissions
From: Bob Hendrickson
cc, reSpo' c ¢ c
CUPERTINO OlTY CLERK
Re:
Feeling Disenfranchised from The Citizens?
Maybe not but would assure yon that a great number of, if not most, citizens feel
disenfranchised from their local political leaders and major city decisions. And, one
could be tempted to offer that mistrust is included with the feeling of being
disenfranchised.
If you agree at least somewhat that the above is an honest assessment and that these
feelings are most felt during and as a result of the City Council and City
Commission meetings, then the following points are offered for your consideration:
· You are armed with information and words that you assume the citizen is
aware of so that open meetings sometimes sound like two different subjects
are being discussed and/or considered.
· The citizen believes that you are armed with information and words that you
and "others" enjoy as insiders and that its "us" (the citizen) against "you"
(council, staff, commissioners) and that "us" is the underdog.
· The two above thoughts are very real and yet are not the fault of any council,
staff member, commissioner. The problem is the meeting process as set up.
If only two changes were made in the Council and Commission meetings, the above
could be turned around overnight.
Before any item that is known to be considered "of interest" to the public, a
open round table meeting is scheduled. It would be known that no policy or
decisions could come out of this meeting but that the meeting is to share all
concerned input. This is where everyone has the chance to ask questions and
voice concerns (no attacks) before the hearing takes place. The agenda and
the amount of time would be known before hand so that these "of interest"
meetings wouldn't be allowed to drag on. The purpose would be to educate
all and to work towards making city meetings more productive with less time
investment.
There are too many examples of communication problems to cite that have
caused hurt feelings and the feelings of mistrust but just as a simple one: Had
it come out in a round table meeting that the city uses or pays for an
independent "third" party (in this case-an Arborist) opinion, the Oaks
Shopping Center commission meeting could have lasted 10 minutes less and
removed some legitimate concerns.
Consider getting information out earlier to the general public and to the
known citizens who will have an interest in topic. This gives them the time to
prepare and even appoint a spokesperson to address the city meetings on
behalf of their group. For this to really work, council and commission must
work with the public in understanding that the system works best when the
public is truly a part of the system and not an outsider. Would also suggest
council and commission need to emphasize that the quality of input is of
more help to them and to the public than just the shear number of speakers.
Have a Public Information contact where citizens can get clarification of
points before the public meeting.
The time invested before a hearing could represent huge time savings and
bring in the citizen with a feeling that they are a partner with the council
instead of an outsider.
The above doesn't do justice to what a finished program change should be. But
hopefully the suggestion would spark some interest on the Councils part to
understand that the current city meetings are not effective and viewed by many as
just another dance by "them" and needs to be changed for everyone's benefit.
Respectfully,
Bob Hendrickson
RIGHTS AND THE NEW REALITY
Pare Down the Patriot Act
It's yesterday's news that the American
Civil Liberties Union detests the USA
Patriot Act. But with some Republican
members of Congress /dso deploring
civil liberties rolibacks, Atty. Gen. John Ash-
croft is on the road to talk up the law he cred-
its for his department's victories in the war
vn terror.
Ashcroft insists, "If we knew then what we
know now, we would have passed the Patriot
Act si~ months before Sept. 11, not six weeks
after.'] But the attorney general has yet to
/prove that to the satisfaction of many law-
sions that widen the FBI's power to monitor
people's reading and video-watching habits.
Other groups condemn provisions for secret
searches and the government's expanded
power to snoop into e-mall and the Internet.
Ali of this new authority may also be used to
investigate crimes unrelated to terrorism.
Second thoughts by members of Con-
gress have already resulted in some action.
Last month, the House overwhelmingly
passed a measure that would repeal investi-
gators' power to do "sneak and peek" probes
-- unannounced searches of homes and busi-
inmakers who voted for the bill but can't get nesses. _____._____--
good answers about how he's used his broad ~so last mo~th, Sans. Lisa Murkowski
ew authority to spy, detain and prosecute. (R-Alaska) and Eon Wyden (D-Ore.) intro-
Ashcroft's three-week, 18-city tour --
what one critic knocks as a "charm offensive"
-- is a public-relations retort to growing con-
cern that Congress went too far, too fast in
the terrible weeks aller the 9/11 attacks.
Ashcroft may also be laying the ground-
work for a sequel to the Patriot Act that
would steal away still more liberties. Con-
gress should resist new laws and instead
trim the overly broad authority it too hur-
riediy gave law enforcement.
More than 140 towns and cities nation-
wide and three states approved resolutions
denouncing the Patriot Act. Librarians and
booksellers are especially outraged by provi-
duced S 1552, which would require FBI
agents to convince a judge of the merits of
their suspicions before perusing an individ-
ual's medical or Internet records. It would
also toughen judicial review for some tele-
phone and Internet monitoring. Sen. Russell
D. Feingold (D-Wis.) and Rep. Bernard
Sanders (I-Vt.) have introduced measures to
limit the FBI's ability to monitor books and
videos.
The nation shares AshcroWs relief that
another major terrorist attack has not oc-
curred. But that relief is no reason for Con-
gress not to fine-tune the Patriot Act to re-
store a civil liberties balance.
RIGHTS AND THE NEW REALITY
Pare Down the Patriot Act
It's yesterday's news that the American
Civil Liberties Union detests the USA
Patriot Act. But with some Republican
members of Congress also deploring
civil liberties rollbacks, Atty. Gen. John Ash-
croft is on the road to talk up the law he cred-
its for his department's victories in the war
an terror.
Ashcroft insists, "If we knew then what we
know now, we would have passed the Patriot
Act si~ months before Sept. 11, not six weeks
after.'l But the attorney general has yet to
/prove that to the satisfaction of many law-
sions that widen the FBI's power to monitor
people's reading and video-watching habits.
Other groups condemn provisions for secret
searches and the government's expanded
power to snoop into e-mail and the Internet.
All of this new authority may also be used to
investigate crimes unrelated to terrorism.
Second thoughts by members of Con-
gress have already resulted in some action.
Last month, the House overwhelmingly
passed a measure that would repeal investi-
gators' power to do "sneak and peek" probes
-- unannounced searches of homes and busi-
inmakers who voted for the bill but can't get nesses.
good answers about how he's used his broad ':-~go last month, Sens. Lisa Murkowski
ew authority to spy, detain and prosecute. (It-Alaska) and lq, on Wyden (D-Ore.) intro-
Ashcmft's three-week, 18-city tour --
what one critic knocks as a"charm offensive"
-- is a public-relations retort to growing con-
cern that Congress went too far, too fast in
the terrible weeks after the 9/11 attacks.
Ashcroft may also be laying the ground-
work for a sequel to the Patriot Act that
would steal away still more liberties. Con-
gress should resist new laws and instead
trim the overly broad authority it too hur-
riedly gave law enforcement.
More than 140 towns and cities nation-
wide and three states approved resolutions
denouncing the Patriot Act. Librarians and
booksellers are especially outraged by provi-
duced S 1552, which would require FBI
agents to convince a judge of the merits of
their suspicions before perusing an individ-
ual's medical or Internet records. It would
also toughen judicial review for some tele-
phone and Internet monitoring. Sen. Russell
D. Feingald (D-Wis.) and Rep. Bernard
Sanders (I-Vt.) have introduced measures to
limit the FBI's ability to monitor books and
videos.
The nation shares Ashcroft's relief that
another msjor terrorist attack has not oc-
curred. But that relief is no reason for Con-
gress not to fine-tune the Patriot Act to re-
store a civil liberties balance.
a~ti.~Lt,V
5
PEDESTRIAN CONNECTIONS FROM CITY CENTER TO CIVIC CENTER
PED~]'RIAN BOLLARI~
5CUL, rlURE (at focal
r.~ ,~r's mnrkL, t or
IMPI .I~.MENTATION:
1. PROJECTS RF. QUIRING
APPLICATIONS (CONDITIONS)
ENCOUR~E EXIS'flNG
DEVELOPMENT TO PROVIDE
IMPROVEMENTS
3. CIP- LEVERAGE WITH PROJECT
CONTRIBUTIONS
Stevens Creek Corridor
Cupertino City Council
September 15, 2003
£U?EI~INO
City Council Goals
City Council goals for the stevens Creek Corridor project
(Dec. 12, 2002):
· Engage the public in the planning for this important
amenity
· Invite members of the community to enjoy the property
in the Corridor year-round - serve more people
· Minimize the effects of park operation on surrounding
residents
Preserve and restore the natural environment of
the creek corridor for park users and as habitat
for wildlife
Provide a trail compatible with the natural setting
that will accommodate a variety of trail users
Acknowledge and interpret the history of the
area through a series of historical markers and
through the preservation of buildings at
McClellan Ranch
Encourage educational uses of the creek
corridor and support environmental programming
at McClellan Ranch
Consider the Blue Pheasant operation and its
compatibility with the neighborhood
Analyze relocating the Blackberry Farm entrance
to Stevens Creek Boulevard
Provide an economic analysis of what is
proposed to be added or deleted from the
current program so that Council can understand
the impacts of the proposed changes
Consider what other recreational amenities are
needed in the community and how the Stevens
Creek Corridor fits into the overall park and
recreation offering in Cupertino
Process to date:
Background information from focus groups and
surveys
City Council formulated goals
Prepared and distributed 320 vision kits
Technical support meetings, ongoing
communications, and small-group meetings
108 visions received
3
)ns to_P_art~s~r~d~reatbn
Commission and City Council
Ongoing small-group meetings were held with
presentations to the Parks and Recreation
Comm. in June & July
Parks and Recreation Commission
recommended consensus elements in August
Plans incorporating the consensus elements
were prepared for the P&R Comm.'s review
The Commission forwarded recommendations to
the City Council
Parks and recreation Commission
recommendations for elements to be included in
the plan include:
® Environmental restoration
· Cupertino Center for Living History
· Implementation of the McClellan Ranch Master
Plan
e Year-round use by Cupertino residents
· , Reduction in the size of picnic grounds
· Golf
® Trails that support a variety of users
4
These were the elements the Commissioners felt
represented the broadest community consensus.
Within this narrow scope, there are still many ways
to organize the site. At the meeting of Sept. 4, six
alternatives were presented to the Commission.
5
3A: 2000
lC 1500 pic&recon golf
Commission's Recommendation
The Commission recommended Map 4 to the City
Council for consideration with the following
modifications:
® Expand the parking on Stevens Creek Blvd.
e Plan for additional parking on the Simms property
after the needs of the nonprofits are known
· Allow picnicking in the Stocklmeir orchard
6
Reduce the parking in the center of the park
Align the trail through Stocklmeir, but keep it on
the east bank through Blackberry Farm
Design the trail alignment through McClellan
Ranch after the planning for the nonprofit
facilities has been completed
Limit the size of the picnic grounds to a
maximum of 500, including permanent facilities
for 200, and an additional 300 spots in
temporary facilities (the actual numbers may be
adjusted to ensure that community oriented
groups, such as CCS, can be accommodated at
Blackberry Farm)
Do not design the park with collection of an entry
fee in mind - pay for picnic facilities on a
reservation or arrival basis
The Parks and Recreation Commission
reaffirmed its commitment to a multi-use trail
Recommended Plan:
1. Engage the public in the planning for this
important amenity.
· Ongoing
memb~the community to enjoyRhe
property in the Corridor year-round - serve more
people
Addition of informal free picnicking in the
Stocklmeir orchard
Addition of a trail
Expanded programming at McClellan Ranch
Cupertino Center for Living History
Retain the golf course
Play area for children
surrounding residents.
Enlarge the parking lot at Stevens Creek
Boulevard, add parking at the Simms House
Reduce the BBF picnic capacity
Keep the trail near the center of the park
Provide amenities for neighbors, such as a
playground, trail, and picnicking
Limit the hours of operation for the Blue
Pheasant Restaurant to 11 p.m.
~d restore-the natural environment of
the creek corridor for park users and as habitat
for wildlife
Move picnic facilities away from creek bank
Reconfigure the golf course to provide for some
restoration
Remove concrete and restore native vegetation
Replace Iow-flow crossings with bridges
~PFdvi~il compatible ¢ith the natural
setting that will accommodate a variety of trail
users
Separate the nature trail from the multi-purpose
trail
The multi-purpose trail will be of a natural hard
surface, no asphalt
lO
area through a series of historical markers and
through the preservation of buildings at
McClellan Ranch
Implement the McClellan Ranch Master Plan
Support the proposal for the Cupertino Center
for Living History
Plant an orchard of apricots or some other tree
historically grown in the valley on the Santa
Clara Valley Water District parcel
Design a series of interpretive signs to install
along the trail
le ed-~eafiena~- ses-ef-the-ereek
corridor and support environmental programming
at McClellan Ranch
Implement the McClellan Ranch Master Plan
Involve schools and other groups in the
restoration effort
entrance to Stevens Creek Boulevard.
The Parks and Rec. Comm. recommended
increasing parking on Stevens Creek Boulevard,
leaving the entrance as it is
Reduce the capacity of the picnic grounds
needed in the community and how the Stevens
Creek Corridor fits into the overall park and
recreation offering in Cupeflino.
Provide for year-round trail use
Provide a playground for children in the
neighborhood
Provide for access to swimming pools during the
summer without having to pay a park admission
fee
Provide a venue for nature and history study
10. Consider the Blue Pheasant operation and
how it effects the neighborhood.
~ Limit the operation of the restaurant and bar to
11 p.m.
economic analysis of what is
proposed to be added or deleted from the
current program so that Council can
understand the impacts of the proposed
changes.
We will review the loss of revenue from the
picnic grounds tonight
~ider~vhat~therd'ecreatiorraFamer~-i~ies-are
needed in the community and how the Stevens
Creek Corridor fits into the overall Parks and
Recreation offerings in Cupertino.
The P&R Comm. heard months of testimony,
but in the end, identified the following as
consensus items:
Enwronment~l restoration
Cupertino Center for Living History
Implementation of the McClellan Ranch
Master Plan
Year-round use by Cupertino residents
Reduction in the size of picnic grounds
Golf
Trails that support a variety of users
14
we are seeking direction on some
important policy issues. City Council direction will
affect the design for the park:
· Do we eliminate the collection of a per-person
entry fee at Blackberry Farm?
· Should a multi-use trail be included in the
plan?
· Should we incorporate the the Cupertino
Center for Living History in the plan?
15
Blackberry Farm?
~ There are limitations on park design if a gated
picnic area operates at the narrow core
~ The Stevens Creek Trail Task Force found the
trail to be infeasible as long as fees to enter to
Blackberry Farm were collected via a gated
entry
~ The Parks and Recreation Commission has
recommended that we eliminate the gated
entry and greatly reduce the capacity of the
picnic grounds
The Parks and Recreation Commission's
recommendation is to reduce permanent picnic
facilities to a maximum of 200 with an area for
expansion, as special events require, to 500
picnickers.
This is accomplished through construction of a
200-person picnic pavilion adjacent to a "pole
barn," which is an open structure that could
accommodate up to 300 more individuals. The
pole barn would serve other uses besides
picnicking - it could be used for classes,
lectures, etc.
The revenue impacts of switching the operation are very
Based on a group of 50 adults on a Sunday:
Blackberry Farm Memorial Park System (assume
Entry-Fee System reserv, fee, + fee of use of pool, +
field reserv.)
$450 - entry fee @ $ 55 - picnic site reserv.
$9/person for 50 50 - softball field rental*
people 7--5 - 25 pool admis. ($3/pr)
$450 $180
*2 hours ~ $25/hour
17
Blackberry Farm
Op
Annual erating Revenueand Expenses
Picnic Grounds Pools Snack Bar Total Catering Golf Course
Revenue $505,000 $0 $46,000 $551,000 $236,000 $714,000
Expenses
Administrative Staff $95,000 5,000 0 100,000 0 $100,000
Maintenance Staff 90,000 10,000 0 100,000 0 0
Contract Maintenance 5,000 0 0 5,000 0 $220,000
Part-time Maintenance 20,000 0 0 20,000 0 0
Part-time Staff30,000 55,000 16,000 101,000 40,000 80,000
Supplies 15,000 15,000 18,000 48,000 120,000 30,000
Utilities 15,000 20,000 1,000 36,000 0 35,000
Sheriff 25,000 0 0 25,000 0 0
Total Expenses $295,000 105,000 35,000 435,000 $160,000 $465,000
Total Proflt/Loss $ 210,000.00 $(105,000.00 $ 11,000.00 $ 116,000.00 $ 76,000.00 $ 249,000.00
Reservation Model Companson
Current (Reservation Fee System)
iFee for Use (Memorial Park Model)
500 Per Day WeekendWeekday
10 Groups of 50 RevenueRevenue
Picnic Reservation $ 50.00$ 50.00
Volleyball Use fee $ 10.00$ 10.00
Horsehoe Use fee $ 10.00$ 10.00
Ballfield Use fee $ 50.00$ 50.00
Bocce Ball Use fee $ 20.00$ 20.00
25 swimming fee at $ 75.00$ 75.00
$3.00 per person
Total Revenue $ 215.00 $ 215.00
10 Groups at @ $215.( $ 2,150.00 $ 2,150.00
Total Expenses$ 2,335.50 $ 1,338.00
Total Profit/Loss $ (185.00) $ 812.00
500 Per Day Weekend Weekday
Revenue $ 4,500.00 $ 3,000.00
.Expenses
Office $ 418.00 $ 297.50
Lifeguards $ 654.50 $ 577.50
Maintenance $ 108.00 $ 108.00
Janitorial $ 48.00 $ 48.00
Pools $ 67.00 $ 67.00
Supplies $ 20.00 $ 20.00
Utilities $ 20.00 $ 20.00
Sheriff $ 800.00 $
~,dministrative Staff $ 100.00 $ 100.00
Maintenance Staff $ 100.00 $ 100.00
Total Expenses$ 2,335.50 $ 1,338.00
Total Profit' $ 2,164.50 $ 1,662.00
The Commission supports the multi-use
trail through the Corridor. They
recommend that it meander through the
Stocklmeir orchard, cross to the east bank
through Blackberry Farm (with restoration
on the west side), and then be further
studied through McClellan Ranch, as facility
planning is done by the nonprofits.
Cupertino Center for Living History
~ The Cupertino Historical Society has
proposed that living history programs could
augment the natural history programs
currently offered at McCellan Ranch. The
Historical Society is also looking for a history
museum location. There is broad support for
this proposal.
Summary
We are asking the City Council to provide
direction on:
· Operating the park without a gated picnic
area and designing the park accordingly
~ Support for the multi-use trail and the proposed
alignment
e The Center for Living History at McClellan
Ranch
Work with nonprofit organizations to
determine how existing buildings at McCellan
Ranch will be used and what other facilities
might be needed.
Determine parking, access, and other
infrastructure needs
Secure the services of consultants to refine
these ideas into a master plan
2O
Commence environmental review on the
proposed changes and work with various
agencies involved in the Corridor
Contract with specialists in the development
of a restoration plan for the Corridor
Approach grantors for funds for the Corridor
project
Provide direction to staff and the Parks and
Recreation Commission on moving forward with
the Stevens Creek Corridor Master Plan.
® Determine whether or not we should continue to
charge an entry fee
· Reaffirm (or not) your commitment to a multi-use
trail
~ Decide whether or not to incorporate the
Cupertino Center for Living History into the planning
for McCellan Ranch Park
IMPACT OF BBF TRAFFIC ON NEIGHBORS
PRESENT
Bubb to McC!ellen to Byrne to San Fernando to BBF.
there are~esidences adiacen, ,o, ' ' '
or with drlvewa),s qDening onto the route ~u,,,,~'qed h.~,, ~ .
to have people use.
POSS!BLE
!fyou look at the other end of B. vme [tbr those who realize they don't have to.go the lon2.z
way around) From the traffic ligh! at ~.C,B at Orange, up Orange, to Granada, to
Byrne to Sam Fernando, to BBF. there ar 74~lots, most of them residences.
Neither count lakes into consideration the residences on the stub roads that lead offthe :nam
path, such as: San Femando Court.. the north end of ~vrne and the small roads off Granad.n
PRAEFERR~D:
SCB to opposite Phar La.p, and into BBF would 2-o past about 4~lots., most of which are
commercial..A_nd all of which do not open. d~rectl ,' y onto Ste~.' .'ens Creek Boulevard.
However, as al! of the _.propemes south of the Creston area, between Stevens Creek and Route 85
only have access via Stevens Creek Blvd. IPhar Lap.. and Mann.). This means there are potentia!tv
hundreds of residences which could be aflbcted..(PII !et someone else count them..) The majority
of these xvould only be affected ifth<¥ were t_riVing to get in or out during BBF traffic, whereas the
houses aloag the Monm Vista roads are directly affected.
PRESENT {200~) TRAFFIC COLrNTS
Look at the trafi'/c loads shown, on the map from the General Plan.
McClellan, which is a Neighborhood Streek acting as a Feeder. has about the same load as
S,even~. . ~ ('mok~. . ~.n x'd _.nd ~nuN,_ ..~0.a.._. At the present t/me there isn't much conflict between school
and B!ackbero., Farm Traffic. Open the~ark 365 days ayear, and there will be an even heavier
load on McClellan.
Bob Lex3, !5 September 2003
29000 33000
50O0
13000
Th. C~
Source:
22000
220OO
31OOO
T~ C~ of
2100
-- LEOEND
5.O00Vehides Per Day
10,000
An excerot from Bay Area Hiker. internet address is
http://www, ba hi kef.co m/so uth ba yhikes/sa wye rca m p. html
Sawyer Camp Trail is one of the most popular recreation paths in the Bay Area. On any
given day you
are prone to
encounter roller
bladers, cyclists,
strollers,
joggers, and
folks looking for
easy exercise.
The 6 mile
paved trail
stretches fi.om
the shores of
Crystal Springs
Reservoir to San
Andreas Lake,
through
protected San
Francisco Watershed lands. Sawyer Camp is as close as most of us will ever get to the off-
limits watershed property, which is a shame, since it looks pretty l~om this fenced-offtrail.
Markers every half mile make it easy to track your progress as you travel Sawyer Camp
Trail. Seasoned hikers will probably prefer one of the other dirt trails in nearby county
parks, as walking on this paved trail definitely is not a wilderness experience. But for
wheelchairs users and parents with young kids, Sawyer Camp Trail is a good choice for a
gentle outdoor outing. It's also a great location to learn (or relearn) to ride a bicycle -- the
southern part of the trail is almost perfectly flat, while the northern section has a slight
grade.
Begin at the sonthern
trailhead. You can
consult the map at the
information signboard,
but there's not much
call for that, as there
are no intersecting
trails. The wide paved
trail is split down the
middle like a road; do
stay to the right to
avoid a collision with
other tra'd users. Crystal
Springs Reservoir
Los Gatos Creek Trail
Town of Los Gatos
Los Gatos Creek Trail
Page 1 of 3
These portions of the Los Gatos Creek Trail were completed in 1995. Come check it out! Now you can
walk, bike, or jog from Lexington Reservoir to San Jose without having to get off and use congested
Town streets. This 0.9 mile section is between Old Town and Blossom Hill Road adjacent to beautiful
Los Gatos Creek. We hope you enjoy it.
While you're here, come downtown, buy a cup of coffee, a cold drink, a snack, or a full meal at one of
the many fine Los Gatos restaurants, or do some shopping. (There are bicycle and in-line skate shops
downtown as well.)
Scroll to the bottom of this page for a large map.
This is an example of the beautiful scenery along the new section of trail.
http://www.los-gatos.ca.us/los~gatos/residents/events/creek_trail/creek.html 9/15/03
~=×eorpt from Santa Clara CounW new~ release, Parks Strate.q¥ Plan
2002}
The Sunnyvale Baylands Park is operated by the City of Sunnyvale and has a
unique blend of natural preserved wetlands areas, with the picnic and
playground features of a traditional community park. Adjacent to the park is the
Twin Creeks Sports Complex. The Park has 227 acres of space. Activities
available are picnicking for small and large groups, paved and unpaved trail
bicycling and hiking on nature trails. This park also has an outdoor amphitheater
that allows outdoor concerts and public transit for those interested in visiting the
Park.
Excerpt from City of Mountain View, CA website:
SHORELINE AT MOUNTAIN VIEW--Trails
Stevens Creek Trail
Stevens Creek Trail is currently open from Shoreline at Mountain View to Yuba
Drive. The 4 mile section of paved all weather pathway contains 6 undercrossings,
4 pedestrian bridges, a major 1/4 mile overcrossing structure that spans Central
Expressway, Evelyn Avenue, light rail and the Caltrain tracks and a 350 foot
pedestrian/bicycle overpass spanning Highway 237. The trail provides users
multiple experiences through woodlands, tidal marshes and city neighborhood
parks. In addition to bringing a unique cmekside experience to unban residents
and workers, the trail's easy connections to major bus routes, Cai Train, and light
rail make it ideal for connecting to the city's North Bayshore businesses. The trail
is open from dawn to dusk. Dogs are allowed on leash from Yuba Drive north to
the Crittenden Trailhead which is an entrance to Shoreline at Mountain View.
Dogs are not allowed in Shoreline at Mountain View. Parking is available at the
Crittenden Lane, La Avenida, Whisman, Landels and Yuba Drive trailheads. For
further information call 650/903-6392.
http://www, nps.gov/juba/plan/appc-santaclara.htm
Recreational Trail
The Santa Clara County Anza Trail Task Force coordinated closely with the
Santa Clara County Trail Master Plan Advisory Committee to identify multiuse
recreational trails within the historic corridor which may be marked as the Juan
Bautista de Anza National Historic Trail. These are shown in the Map
Supplement.
Some trail segments identified by the task force are the following:
Bay Trail segments:
· Baylands Trail in Palo Alto and Mountain View.
· Guadalupe River/Coyote Creek
Kimberl¥ Smith
From:
Sent:
TO:
Subject:
Rev. Margo Tenold [revmargo(~earthlink.net]
Monday, September 15, 2003 8:11 AM
Kimberly Smith
Steven Creek Corridor
Dear Ms. Smith,
I have lived in Cupertino for 31 years and am most concerned about the
proposals being put forward for walking paths/bicycle paths through the
Blackberry Farms Golf Course. The golf course has been there for years. It
is one of the few courses in the area that is affordable and is suited for
use by all segments of the population (young and old, men and women, working
and retired, experienced players and newcomers).
I oppose any movement to disfigure the golf course so that a trail can be
put through the area. The San Antonio open space is only blocks away and
offers ample opportunity for walking and biking. Any modification of the
Blackberry Farm area would mean incurring a sizable expense for no reason.
When this topic is discussed by the council, please read this aloud, as I am
unable to attend in person.
Sincerely,
Margo Tenold
Grace Johnson
From: Chris Voci-Nam [voch1963@yahoo.com]
Sent: Monday, September 15, 2003 10:29 AM
To: Grace Johnson
Subject: Strongly support multi-use for the Stevens Creek Trail in Cupertino
Page 1 of 1
CUPERTINO CITY CLERK
Hello Grace:
I strongly support the Stevens Creek Trail in Cupertino to be a multi use trail for all recreational
enthusiasts.
I have been a Cupertino resident for the past 10 years now. I am an avid cyclist, runner, walker and love
trails that can get me off the road. I also use my bike to commute and do errands, and again it is safer
and more logical to have trails that get cyclists and other users off and out of major traffic zones.
This trail would also be great for kids and families to bike and walk and be together. Furthermore, for
the kids who are just learning how to ride a bike, they can feel safe and secure being off the main road.
Thank-you for listening.
Chris Voci-Nam
Do you Yahoo!?
Yahoo! SiteBuilder - Free, easy-to-use web site design sofavare
9/15/2003
Grace Johnson
From: Richard Andrews [randrews@arc.nasa.gov]
Sent: Monday, September 15, 2003 12:40 PM
To: Grace Johnson
Subject: Multi use trail needed
] SEP 15 2002
CUPERTINO CITY CLERK
Cupertino City Council,
Please vote in favor of multi-use status for the Steven's Creek Trail.
There is a serious need for more mountain biking trails in our area.
Many mountain bikers will volunteer to keep the trail maintained and safe.
Please allow the mountain biking community access to the Steven's Creek Trail.
Thank you for your consideration,
Richard Andrews
10308 Alpine Dr. Apt.B
Cupertino, CA 95014
Karen Bernard
From: Clysta Seney [clysta@igc.org]
Sent: Saturday, September 13, 2003 12:48 PM
To: City Clerk
Subject: Letter for City Council: Agenda Item 25 on 9 15 03
Honorable Mayor and Council Members
SEP ~ 5 3~03 ~
CUPERTINO CITY CLERK
I am writing this letter regarding item 25 on the September 15th
Cupertino City Council meeting because I am unable to attend. I am
sending the letter to your City Clerk with the request that copies be
provided to the Mayor and all Council members prior to the meeting.
I am urging the Council to modify the recommendation from the Park
Commission regarding the alignment of the Stevens Creek Trail in the
Nature Preserve area of McClellan Ranch Park.
At a minimum, please keep the McClellan Ranch portion of the trail
narrow and reroute all fast-wheeled vehicles and recreation around the Park.
Among other things, this Nature Preserve is home to nesting bluebirds
and a host to environmental education for our children. By allowing a
wide multiuse trail through this preserve you will create a
transportation corridor that will negatively impact both the current
educational use of the preserve as well as the current wildlife
inhabitants of the preserve.
I spoke to such issues when the County of Santa Clara had hearings on
their Master Trail Plan for the County. My comments were acknowledged
as valid; however, they were discounted because "these matters were
appropriate only when particular creek trail plans were considered, not
for the Master Plan". Well, this is the time for me to speak again.
McClellan Ranch Park is a very small, dedicated Nature Preserve and it
should not be compromised by a multiuse trail.
Ask yourself: Would I agree to a multiuse trail through a soccer
field? A_nd then think about all the citizens who use and enjoy the
sanctuary of MRP's Nature Preserve -- and who thought they had protected
it years ago. These people have a right to enjoy a peaceful nature
experience just as much as the people who enjoy that soccer field.
Please do not take away from their experience or impact the wildlife in
this preserve by putting a multiuse trail through McClellan Ranch Park
because that is where the open space is. Thank you for your consideration.
Respectfully,
Clysta Seney,
Director, District 3, Santa Clara County Open Space Authority
Director, Santa Clara Valley Audubon
408-261-9431
Page 1 of 2
Grace Johnson
From: Paul Nam [vocinam@yahoo.com]
Sent: Monday, September 15, 2003 4:32 PM
To: Grace Johnson
Subject: Letter to City Council concerning the Stevens Crk Trail
Dear Cupertino City Council,
Please designate the City of Cupertino section of the Stevens Creek Trail a multi-use trail. Such a
designation will ensure that present and future cyclists, joggers, and hikers will have fair access to this
recreational resource.
In regards to impact on conservation issues Black Berry Farm and McClellan Ranch Park, I think that
multi-use designation will have no negative effects.
While it is tree that McClellan Ranch park was found upon the spirit of a natural (and cultural) preserve,
the proposed route of the Steven's Creek Trail will not infringe upon this concept. This is because the
proposed route bypasses the riparian zone, and passes along a boundary of the park beyond the
community garden, where an old asphalt driveway already exists. In fact the trail will bring aesthetic
improvements to the part of the park it skirts. The existing walking trails along the creek must be off
limits to bicycles, and steps must be taken to ensure that the trail is both well signed and inaccessible to
bicyclists.
The section of the trail that passes along Black Beny Farm has been designed with care towards the
needs of the community it passes through, and compromises have been made on all sides. The trail itself
is a capital improvement, enhancing property values, which homeowners should be happy about.
It is my opinion that more advanced cyclists will not be using this trail, instead resorting to alternative
routes for quicker access to other areas. The Stevens Creek Trail will be primarily used by local
residents and their families. Student's will benefit from this alternative to busy streets as well.
Occasional visitors will be attracted to the experience of being able to walk or ride from the Bay to the
hills. This fundamental concept ora continuous trail is paramount both as a practical route as well as a
historical and cultural feature.
The Stevens Creek Trail will enhance recreational opportunities and provide access to beautiful areas for
contemplative and active enjoyment. Such trails are also a great resource for the handicapped, and I
encourage plans to include their needs as well.
Giving the public responsible and well designed access to a nature experience will go a long way toward
educating people, young and old, about conservation issues and why such preserves, like McClellan
Ranch Park are priceless.
Thank you for receiving these comments.
Regards,
Paul Nam
President ROMP
9/15/2003
Page 1 of 1
Grace Johnson
From: Mavis Smith [mjms@ix.netcom.com]
Sent: Monday, September 15, 2003 4:57 PM
To: Grace Johnson
Subject: Stevens Creek Trail Impact on Mc Cllelian Ranch Park
To the City Council:
I am unable to attend tonight's meeting. I am concerned about this nature preserve area. If the trail can
be rerouted, that would be ideal. If not, please give careful consideration to minimizing the impact on
wildlife habitat in this preserve. We humans continue to take more and more land as though the other
creatures did no mater. They do. Birds, plants and the non-human animals have too few advocates.
I can understand the advantages of multi-use-use trails, but we humans also have poor manners. On a
recent hike in Sawyer Camp area I was rather upset by the speed and rudeness of the wheeler vehicle
people. There seems to be a need for speed that becomes dangerous to slower moving folks and
children. Please consider carefully and leave as much land to walking trail and wildlife habitat as
possible. Thank you for considering my concerns. Mavis Smith 22734 Majestic Oak Way Cupertino,
CA 95014.
9/15/2003
I am Jack Goodman and I live at 10374 San Fernando Ave in Cupertino.
I am concerned with the present entrance to the Blackberry Farm/Stevens Creek
Corridor.
Re.qardinfl Vehicular Access to the Stevens Creek Corridor
I agree with the comments made by staff in the video kits regarding moving the
entrance from San Fernando Ave.
Why a Stevens Creek Boulevard Entrance Makes Sense:
1. Stevens Creek Boulevard is near major arteries such as highway 280,
highway 85, and Foothill Boulevard and has a public transportation route
(VTA).
2. It is easy to find.
3. This entrance saves over 2 miles round-trip for each visitor. For buses
that drop visitors off, that's over 4 miles.
4. This entrance provides the visitor a unified experience of the Golf
Course, Stockelmeir, and Picnic areas along with a delightful walk through
the riparian corridor.
Why a nei.qhborhood entrance doesn't make sense:
1. The current route to Blackberry Farm goes through the worst traffic area
(as reported by the Public Safety Commission) in Cupertino. The streets of
Monta Vista are already overburdened by increased housing, school
traffic, and overflow traffic. One way to mitigate these problems is to
relocate the entrance.
2. The residential streets in Monta Vista are narrow and nearly
unwalkable. They are variable in width due to some properties having
sidewalks and/or curbs and gutters, and this forces pedestrians to walk in
the middle of the street. The Cupertino's General Plan emphasizes
pedestrian-friendliness. Did you know that being hit by a car while walking
or biking is one of the leading causes of injury deaths for California
children aged 5 to 127
3. There are numerous cars, commercial diesel trucks, and diesel buses
running through this neighborhood? Does anyone know how many? All
these vehicles need to make an outrageous detour due to a temporary
solution that was made years ago. Now the city council has an opportunity
to make a change.
Written communication submitted by Bill Fry, 10351 San Femando Avenue
ENVIRONMENTAL SENSITIVITY AT BLACKBERRY FARM PICNIC GROUNDS
There's been a lot of talk about protecting McClellan Ranch. I think that's great.
Now it is time to talk about protecting the corridor within Blackberry Farm.
Did you know that the citizens of Cupertino voted to buy Blackberry Farm on a
campaign slogan to "save the trees?" Yet we're losing a lot of the big trees by the
creek at Blackberry Farm.
Why are we losing these trees?
Why are so many being cut down?
Why did the City add asphalt within the drip line of these trees?
Why allow parking so close to the trees and the creek?
Where is the stewardship for this land?
There's a lot of talk about restoring the creek and creek habitat. The trees protect
the creek. The trees that are vital to the creek are also vital for our enjoyment.
It is time to make a change and the time is now.
The only uses that are compatible with the ecology of the corridor and enhance
the visitor experience are Iow-density non-competitive ones. People can visit
people anywhere - but you just can't visit a place like this anywhere
As suggested in the design kits, lower-impact uses should be in the center of the
corridor.
We need to get cars out of the corridor.
If you want to have a picnic near your car, then go to McDonalds.
Some of you will say that the location of the pools dictates parking.
I say, if you can swim, chances are that you can walk to the pools from the
Stevens Creek Boulevard entrance, it is only a few hundred yards.
What will happen after the pools have served their useful life?
Will we have built an infrastructure to support the location of badly located pools?
Let's look at the long view and get the cars out of the corridor.
The purpose of this land should be to get away from cars and enjoy this unique
riparian corridor.
Let our visitors see trees, not cars.
Facilities on San Fernando Entrance
· Existing
Pools, Lawn Area, Picnic Ground, Child Playground,
Parking Lots, Park Office, Snack Bar, Recreational
Center
· Newly Proposed: Trail, Multi-Purpose Shed, Large
Group Picnic Area
· It is already overcrowded near San Fernando entrance
and affect the living quality of the residences and natural
habitats.
· New facilities should be distributed to avoid overloading
the area.
BBF Entrance
· 60+ Residence homes on the traffic route to BBF from
either Stevens Creek Blvd or McClellan Rd.
· McClellan already has heavy traffic from 3 local schools.
Open BBF for public and trail use will make it worse
· Only reason givens so far for not moving the entrance is
to avoid cutting a road through the park
· There are simple/better alternatives: distribute and move
facilities near the 3 different entrances to minimize traffic
and active recreation activities to the neighborhood.
Trail Alignment in BBF (Con't)
Facts
- Distance from Stevens Creek to Residence (Segment near San
Fernando Entrance):
· East: ~-80 ft
· West: ~180 ft
· On West Bank, Fences and Road Between Residence and
Park
· On East Bank, Direct Impact to Residence by Park
Operation.
· Why take East Alignment when it has worse
impact to the residence?
Trail Alignment in BBF
West Bound: 2001 Original Trail Task Force Proposal
East Bound: 2002 Task Force Feasibility Report
West Bound: 8/13/03 Combined Public and P&R Consensus Map
East Bound: 9/15/03 Commission Recommendation
.While the changes reflect the challeng .es to the fit the trail
~nto a narrow space surrounded by residence, it also
make people wondering what the alignment
recommendation is based on, or baseless.
Council Meeting Monday Agenda Item
Karen Bernard
From: Rhoda Fry [fryhouse@earthlink.net]
Sent: Sunday, September 14, 2003 12:08
To: City Clerk
Subject: Council Meeting Monday Agenda Item
Hi Klm:
Page 1 of 1
CUPERTINO CITY CLERK
I plan to comment on the following agenda item and request that the ordinance be read in its entirety prior to
public comment. Thanks! Rhoda
26. Second reading of Ordinance No. 1921: "An Ordinance of the City Council of the City of Cupertino
Amending Chal>ter 10.48 of the Cupertino Municipal Code Regarding Hours of Operation for
Landscape Maintenance Activities - Use of Power Equipment and Other Related Issues of
Clarification."
See you Monday Night --- Looks like it is going to be a loooooooong night. I sure wish I were a coffee
drinker, I think I'd need it.
:)
Rhoda
9/15/03
EXHIBITS
END
HERE