CC 12-02-02AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, December 2, 2002
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
Receive Award of Appreciation from Michelle Hu for the City of Cupertino's support of
the Lunar New Year Unity Parade.
2. Receive annual report from the Teen Commission.
3. Receive annual report from the Library Commission.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (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.
4. Adopt a resolution accepting Accounts Payable for November 15, Resolution No. 02-209.
5. Adopt a resolution accepting Payroll for November 22, Resolution No. 02-210.
Accept improvements (grading, retaining wall, and driveway approach), Kit Man Cham
and Sau-Lan Ng, 11206 Mount Crest Drive, APN 356-26-016 (No documentation).
Adopt a resolution accepting grant of easement for roadway purposes from Philip W. Yen
and Irene H. Kung, 21821 McClellan Road, APN 357-14-042, Resolution No. 02-211.
December 2, 2002 Page 2
Cupertino City Council &
Cupertino Redevelopment Agency
Adopt a resolution authorizing execution of improvement agreement (curb, gutter and
sidewalk), Jim Netzel and Zita S. Netzel, husband and wife as community property,
10070 Hillcrest Road, APN 326-16-019, Resolution No. 02-212.
Adopt a resolution accepting grant of easement for roadway purposes from Jim Netzel
and Zita S. Netzel, husband and wife as community property, 10070 Hillcrest Road, APN
326-16-019, Resolution No. 02-213.
10.
Adopt a resolution accepting quitclaim deed, Jim Netzel and Zita S. Netzel, husband and
wife as community property, 10070 Hillcrest Road, APN 326-16-019, Resolution No. 02-
214.
11.
Adopt a resolution authorizing execution of improvement agreement (curb, gutter,
sidewalk, and driveway approach) Bin Xu and Chi Zhang, husband and wife as
community property with right of survivorship, 10465 Byrne Avenue, APN 357-12-038,
Resolution No. 02-215.
12.
Adopt a resolution accepting grant of easement for roadway purposes from Bin Xu and
Chi Zhang, husband and wife as community property with right of survivorship, 10465
Byrne Avenue, APN 357-12-038, Resolution No. 02-216.
13.
Adopt a resolution accepting quitclaim deed, Bin Xu and Chi Zhang, husband and wife as
community property with right of survivorship, 10465 Byrne Avenue, APN 357-12-038,
Resolution No. 02-217.
14.
Adopt a resolution authorizing execution of improvement agreement (grading,
excavation, curb and gutter, and driveway approach), Stevens Creek Apartments, a
California limited partnership (Verona Apartments), Cupertino City Center, APN 369-01-
029, Resolution No. 02-218.
15.
Adopt a resolution declaring intention to order vacation of public utility easements, fixing
time and place for public hearing to be held on January 21, 2003, and providing for notice
thereof, Cupertino City Center, Phase III, Tract No. 7953, Resolution No. 02-219.
16. Adopt goals for the Stevens Creek Corridor Master Plan.
17.
Review of bids and award of contract for Portal Park and Wil~on Park Improvement,
Project No. 2002-9119, to the low bidder, Bay Construction, in the amount of
$596,106.64 for the base bid and Bid Alternate No. 1, the Restroom Building in Wilson
Park, and approve a construction contingency of $39,000, for a total of $635,106.64.
18.
Approve request from the Organization of Special Needs Families (OSF) for waiver of
fees in the approximate amount of $240 for use of the Senior Center's reception hall on
December 13, 2002 to hold their volunteer appreciation party.
December 2, 2002 Page 3
Cupertino City Council &
Cupertino Redevelopment Agency
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
19.
Consider the appeal of the Planning Commission approval of Application M-2002-06,
regarding modification of a use permit (24-U-88) to locate a children's playground at the
front of the property and extend the hours of operation for the YMCA of Santa Clara
Valley at 20803 Alves Drive (APN 326-32-039). Janice S. Burriesci filed the appeal.
20.
Consider adopting the name Lozano Lane for the private street created by Tract 9405,
Campo de Lozano, a subdivision located on the south side of Rodrigues Avenue, between
Torre Avenue on the west and Blaney Avenue on the east. (This item continued to
December 16).
PLANNING APPLICATIONS
21.
Approve Application U-2002-10, City of Cupertino; a use permit to construct "City
Center Park" at the southeast corner of the intersection of De Anza and Stevens Creek
Boulevards. This item is categorically exempt and is recommended for approval.
UNFINISHED BUSINESS
NEW BUSINESS
22. Select date, time, and location to discuss McClellan Ranch Park Master Plan.
ORDINANCES
23.
Conduct the first reading of Ordinance No. 1906: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 10.48 (community noise control) of the Cupertino
Municipal Code regarding hours of operation for home maintenance activities - use of
power equipment and other related issues of clarification." (Continued from November
18).
STAFF REPORTS
24. Receive status report on General Fund Revenue and Expenditures.
COUNCIL REPORTS
25. Council committee assignments
ADJOURNMENT
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
DRAFT
RESOLUTION NO. 02-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
NOVEMBER 15, 2002
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:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December ,2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
24-/
11/14/o2
ACCOI/NTING PERIOD: 5/03
CITY OF CUPERTINO
CHECK REGISTER - DISBLTRSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "11/11/2002" and "11/15/2002,
FI/ND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FI/ND/DEPT
1020 597285 11/15/02 4 A T & T 1108501
1020 597285 11/15/92 4 A T & T 1108501
1020 597285 11/15/02 4 A T & T 1108501
1020 597285 11/15/02 4 A T & T 1108501
1020 597285 11/15/02 4 A T & T 1108501
TOTAL CHECK
1020 597286 11/15/02 2110
1020 597286 11/15/02 2110
TOTAL CHECK
ABC BACKFLOW TESTING REP 1108314
ABC BACKFLOW TESTING REP 1108321
1020 597287 11/15/02 13 ACME & SONS S~NITATION C 5606640
1020 597288 11/15/02 1680 A/)VA/qTAGE GRAFIX 4209119
1020 597289 11/15/02 28 AIRGAS 1108314
1020 597290 11/15/02 29 LYNNE DIANE AITKEN 5806449
1020 597291 11/15/02 2276 Ag~RA 1104510
1020 597291 11/15/02 2276 ALHAblBRA 1104510
TOTAL CHECK
1020 597292 11/15/02 57 AIqA~K 1104510
1020 597293 11/15/02 2298 ARCH WIRELESS 1104400
1020 597293 11/15/02 2298 ARCH WIRELESS 1106265
1020 597293 11/15/02 2298 ARCH WIRELESS 1108501
1020 597293 11/15/02 2298 ANCH WIRELESS 6104800
1020 597293 11/15/02 2298 ABCH WIRELESS 1107501
1020 597293 11/15/02 2298 ANCH WIRELESS 1106400
TOTAL CHECK
1020 597294 11/15/02 61
1020 597294 11/15/02 61
lQ20 897294 11/15/02 61
1020 597294 11/15/02 61
TOTAL CHECK
ARTISTIC pLANT CREATIONS 1108501
ARTISTIC PLANT CREATIONS 1108505
ABTISTIC PLANT CREATIONS 1108504
ABTISTIC PLANT CREATIONS 1108503
1020 597295 11/15/02 78 JO ~ B;S. RNEY 5806249
1020 897296 11/15/02 88 BAY AREA SHELVING INC 1108503
1020 597297 11/15/02 92 BEST OF COUPONS 5706450
1020 597298 11/15/02 M BHAYA-NI, ARPITA 580
1020 597299 11/15/02 M BOWES, KRISTEN 580
1020 597300 11/15/02 1460 TONI CARREIRO
1101065
..... DESCRIPTION ......
NOV2002 STATEMENT
NOV2002 STATEMENT
NOV2002 STATEMENT
NOV2002 STATEMENT
NOV2002 STATEMENT
BACKFLOW CLEANING
BACKFLOW CLEA/~ING
FY 2002-2003 OPEN PURC
CALL FOR BIDS 16603
FY 2002-2003 OPEN PURC
SERVICE AGREEMENT FOR
DRINKING WATER 10/2002
DRINKING WATER 10/2002
EMPLOYEE COFFEE SERV.
11/1-12/01 #6187076-2
11/1-12/01 #6187076-2
11/1-12/01 #6187076-2
11/1-12/01 #6187076-2
11/1-12/01 #6187076-2
11/1-12/01 #6187076-2
NOV2002 PL~ CARE
NOV2002 PLANT CARE
NOV2002 PLA/~T CARE
NOV2002 PLANT CARE
SERVICE AGREEMENT FOR
FRT CHRGS INV62768
FY 2002-2003 OPEN PURC
Refund: Check - FALL.
Refund: Check - FA~LL.
WEBSITE UPDATES
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 1
AMOUNT
15.97
15.97
26.95
15.97
90.83
200.00
350.00
550.00
168.83
158.17
40.12
264.00
214 . 50
234.40
448 . 90
7.59
146 . 59
153.34
130.00
153.33
153.33
590.00
230.00
111.50
1500.00
16.00
70.00
117.00
RUN DATE 11/14/02 TIME 17:15:27
- FINANCI~ ACCOSTING
ACCOUNTING PERIOD:
CTION CRITERIA:
5/03
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
transact.trans_date between "11/11/2002" and "11/15/2002"
FUND - 110 - GENERAL FUND
CASE ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 597301 11/15/02 143 CASEY PRINTING INC 1103400
1020 597302 11/15/02 149 CASH 1107302
1020 597302 11/15/02 149 CJ%SH 1104400
1020 597302 11/15/02 149 CASH 1104300
1020 597302 11/15/02 149 CASH 1103300
1020 597302 11/15/02 149 CASH 1108101
1020 597302 11/15/02 149 CASH 4239222
1020 597302 11/15/02 149 CASH 1108101
1020 597302 11/15/02 149 CASH 1104510
TOTAL CHECK
1020 597303 11/15/02 152
1020 597303 11/15/02 152
TOTAL CHECK
CEB:CONTINUING EDUCATION 1101500
CEB:CONTINIIING EDUCATION 1101500
1020 597304 11/15/02 2626 CHANG, CHEN-YA 1103300
1020 597305 11/15/02 166 KIMBERLY M~IE CI2%RK 5806449
1020 597306 11/15/02 169
i 597307 11/15/02 1312
CLEARY CONSULT~tNTS INC 2709430
COUNTRY CLUB CAR WASH 6308840
1020 597308 11/15/02 1407 CUF~4ING HENDERSON TIRE 6308840
1020 897308 11/15/02 1407 CU~ING HENDERSON TIRE 6308840
1020 597308 11/15/02 1407 CLI~ING HENDERSON TIRE 6308840
TOTAL CHECK
1020 597309 11/15/02 194 CUPERTINO SUPPLY INC 5606620
1020 597310 11/15/02 M2003 DAR MAWAN, JOtC~N 110
1020 597311 11/15/02 210 DEEP CLIFF A~SOCIATES L 5806449
1020 597312 11/15/02 214 DEPARTMENT OF ~{ANSPORTA 1108602
1020 597313 11/15/02 1242
1020 597313 11/15/02 1242
1020 597313 11/15/02 1242
TOTAL CHECK
DIGITAL PRINT IMPRESSION 1107302
DIGITAL PRINT IMPRESSION 1101201
DIGITAL PRIN? IMPRESSION 1106100
1020 597314 11/15/02 1354 DIRECT SAFETY COMP;~NY 1108005
1020 597315 11/15/02 220 DISCOUNT SC~4OOL SUPPLY 5806349
1020 597315 11/15/02 220 DISCOUNT SCHOOL SUPPLY 5806349
TOTA~ CHECK
1020 597316 11/15/02 225
1020 597316 11/15/02 225
L CHECK
DONE RIGHT ROOFING & GUT 1108501
DONE RIGHT ROOFING & GUT 1108501
DESCRIPTION ......
NOV2002 SCENE
PETTY CASH 10/30-11/12
PETTY CASH 10/30-11/12
PETTY CASH 10/30-11/12
PETTY C~H 10/30-11/12
PETTY CASH 10/30-11/12
PETTY CASH 10/30-11/12
PETTY CASH 10/30-11/12
PETTY C~H 10/30-11/12
SU~Y JDGMNT UPDATE
BOOKS
0CT2002 NEWSPAPER CLIP
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
CAR WASH 10/17/02
FY 2002-2003 OPEN PURC
FY 2002-2003 OPEN pLFRC
FY 2002-2003 OPEN pURC
FY 2002-2003 OPEN PUNC
RELE~SE 45% IMPROVE BO
SERVICE AGREEMENT FOR
FY 2002-2003 OPEN PURC
B.CARDS/V.GIL
B.CARDS/L.LEE
B.CARDS/M.PRESTON
SUPPLIES
SUPPLIES 17591
SUPPLIES 17581
TIME/MATERIALS
TIME/MATERIALS
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE 2
AMOUNT
3102.00
45.73
24.52
28.20
21.64
66.00
23.00
24.00
58.90
291.99
86.69
369.01
455,70
200.00
150.00
2100.00
145.00
604.18
315.88
252.98
1173.04
172.40
22500.00
5412.00
128.96
51.21
62.54
62,54
176.29
1055.60
20.18
33.24
53.42
2111,97
2400.00
4511.97
RUN DATE 11/14/02 TIME 17:15:27
- FIN~CIAL ACCOUNTING
11/14/02 CITY OF CUPERTINO
ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "11/11/2002" and "11/15/2002"
FLeD - 110 - GENERAL FOND
CASE ACCT CHECK NO
ISSUE DT .............. VEArDOR ............. FUND/DEPT
1020 597317 11/15/02 228
1020 597318 11/15/02 2664
1020 597319 11/15/02 233
1020 597320 11/15/02 2578
1020 597321 11/15/02 234
1020 597321 11/15/02 234
1020 597321 11/15/02 234
1020 597321 11/18/02 234
TOTAL CEECK
1020 597322 11/15/02 249
1020 597323 11/15/02 260
1020 597323 11/15/02 260
1020 597323 11/15/02 260
1020 597323 11/15/02 260
1020 597323 11/15/02 260
TOTAL CHECK
1020 597324 11/15/02 2589
1020 597325 11/15/02 2493
1020 597326 11/15/02 2361
1020 597326 11/15/02 2361
1020 597326 11/15/02 2361
TOTAL CHECK
1020 597327 11/15/02 818
1020 597327 11/15/02 818
1020 597327 11/15/02 818
TOTAL CHECK
1020 597328 11/15/02 266
1020 597329 11/15/02 2648
1020 597330 11/15/02 1808
1020 597331 11/15/02 274
1020 597332 11/15/02 2476
1020 597333 11/15/02 281
1020 597334 11/15/02 2719
DUBAY'S TIKE SERVICE INC 6308840
KATHLEEN DUTRA 5806449
ECONOMIC DRIVING SCHOOL 5806249
ELEMENT K JOLr~A~LS 1103500
ENGINEERING DATA SERVICE
ENGINEERING DATA SERVICE 110
ENGINEERING DATA SERVICE 1101070
ENGINEERING DATA SERVICE 4239222
ESBRO CHEMICAL 5606620
FEDERAL EXPRESS CORP 1108504
FEDERAL EXPRESS CORP 110
FEDER3%L EXPRESS CORP 1107302
FEDERAL EXPRESS CORP 110
FEDER3%L EXPRESS CORP 1104510
JOHN FEEMSTER 5506549
FIRST AMERICAN 6104800
FIRST BANKCARD 5506549
FIRST BANKCARD 5506549
FIRST BANKCARD 5506549
FLOYD D BROWN 1108505
FLOYD D BROWN 1108503
FLOYD D BROWN 1108504
RYAN FORBES 5806449
PP~ANCHISE TAxX BOARD 110
KIM FREY 1101200
FRY'S ELECTRONICS 1108503
GARDEN EQUIPMENT CLINIC 1108314
GARDENLA-ND 1108315
GCS SERVICE, INC. 1108504
-DESCRIPTION ...... SABLES T/LX
REPAIRS 8460 0.00
SERVICE AGREEMENT FOR 0.00
SERVICE AGREEMENT FOR 0.00
1YR INSIDE ILLUSTRATOR 0.00
VARIOUS 0.00
MAILING CHARGES
VARIOUS U.00
PLANNING PROJECTS 0.00
0.00
FY 2002 2003 OPEN PURC 0.00
COURIER SERVICE 0.00
COURIER SERVICE R1923 0.00
COURIER SERVICE 0.00
COURIER SERVICE R8853 0.00
COURIER SERVICE 0.00
0.00
SERVICE AGREEMENT FOR 0.00
METROSCA~N RENEWAL 0.00
0CT2002 STATEMENT 0.00
OCT2002 STATEMENT 0.00
0CT2002 STATEMENT 0.00
0.00
TIME/MATERIALS 0.00
TIME/MATERIALS 0.00
TIME/MATERIALS 0.00
O.O0
SERVICE AGREEMENT FOR 0.00
L.KING CASE 461046662 0.00
GIFTS/CO~INED GIVING 0.00
SUPPLIES 8498 0.00
PARTS/SUPPLIES 8477 0.00
PARTS/SUPPLIES 8489 0.00
LABOR/BOILER 0.00
PAGE 3
AMOUNT
181.58
288.00
2405.00
87.00
75.30
326.89
110.50
441.91
954.60
203.94
9.81
17.44
74.65
17.65
19.63
775.00
2534.25
47.80
19.95
748.86
105.00
105.00
105.00
315.00
2120.40
255.38
623.85
257.64
518.97
238.76
RUN DATE 11/14/02 TIME 17:15:28
11/14/02 CITY OF CUPERTINO
ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND
CTION CRITERIA: transact.trans_date between "11/11/2002" and "11/15/2802"
FUND - 110 - GENEP~AL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
DESCRIPTION ......
SALES TAX
PAGE 4
AMOUNT
1020 597335 11/15/02 298 GP~AINGER INC 1108507
1020 597335 11/15/02 298 GR3%INGER INC 2708405
1020 597335 11/15/02 298 GRAINGER INC 6308840
TOTAL CHECK
1020 597336 11/15/02 M
1020 597337 11/15/02 315
1020 597338 11/15/02 2594
1020 597339 11/15/02 M2003
1020 597340 11/15/02 2522
1020 597341 11/15/02 ME2008
1020 597341 11/15/02 ME2003
1020 597341 11/15/02 ME2003
TOTAL CHECK
1~020 597343 11/15/02 334
~ 597343 11/15/02 334
.0 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
1020 597343 11/15/02 334
TOTAL CHECK
1020 597344 11/15/02
1020 597345 11/15/02
GREENSTEIN, DAVID 580
JILL HAFF 5806449
HARRy L MURpHy INC FLOOR 1108506
HARRY'S HOFBP~AU 1101060
LYNN HELLER 5506549
HOFFMAN, MABEL 5506549
HOFFMAN, MABEL 5506549
HOFFMAN, MABEL 5506549
HOME DEPOT/GECF 1108407
HOME DEPOT/GECF 1108314
HOME DEPOT/GECF 1108504
HOME DEPOT/GECF 1108501
HOME DEPOT/GECF 1108314
HOME DEPOT/GECF 6308840
HOME DEPOT/GECF 5606620
HOME DEPOT/GECF 1108602
HOME DEPOT/GECF 6308840
HOME DEPOT/GECF 1108407
HOME DEPOT/GECF 1108303
HOME DEPOT/GECF 1108303
HOME DEPOT/GECF 1108407
HOME DEPOT/GECF 1108830
HOME DEPOT/GECF 5606620
HOME DEPOT/GECF 1108407
HOME DEPOT/GECF 1108315
HOME DEPOT/GECF 1108501
HOME DEPOT/GECF 1108407
HOME DEPOT/GECF 1108407
HOME DEPOT/GECF 1108501
HOME DEPOT/GECF 1108830
HOME DEPOT/GECF 1108315
HOME DEPOT/GECF 1108407
1898 AUTOMATIC R3kIN CO. 1108407
2027 MA~S~A HOVEY 1104400
FY 2002-2003 OPEN PURC
FY 2002-2003 OPEN PUEC
FY 2002-2003 OPEN PURC
0.00 85.26
0.00 215.83
0.00 325.08
0.00 626.17
Refund: Check - REFUND 0.00 10O.00
SERVICE AGREEMENT FOR 0.00 360.00
FURxNISH AND INSTALL LE 0.00 4000.00
EMPLOYEE LUNCHEON 0.00 295.65
SERVICE AGREEMENT POR 0.00 260.00
BINGO,LUNCH,PLATES 10/ 0.00 268.82
JAZZ BAND 0.00 17.00
ADDING MACHINE TAPE 0.00 2.48
0.00 288.30
PARTS/SUPPLIES 8458 0.00 400.00
PARTS/SUPPLIES 27195 0.00 27.82
PARTS/SUPPLIES 8391 D.D0 72.40
PARTS/SUPPLIES 8465 0.00 375.17
PARTS/SUPPLIES 8397 0.00 163.71
PARTS/SUPPLIES 26729 0.00 24.90
RETURN P.0.15912 0.00 -18.34
pARTS/SUPPLIES 17332 0.00 607.47
PARTS/SUPPLIES 24375 0.00 22.61
PARTS/SUPPLIES 8450 0.00 168.71
PARTS/SUPPLIES 24308 0.00 43.92
PARTS/SUPPLIES 27177 0.00 11.72
PARTS/SUPPLIES 27187 0.00 36.86
PARTS/SUPPLIES 20585 0.00 61.93
pARTS/SUPPLIES 15912 0.00 234.40
PARTS/SUPPLIES 8436 0.00 360.08
SUPPLIES 0.00 87.95
PARTS/SUPPLIES 8416 0.00 92.47
PARTS/SUPPLIES 8453 0.00 498.40
PARTS/SUPPLIES 8495 0.00 224.64
LATE CHARGE #2010731 0.00 20.00
PARTS/SUPPLIES 20507 0.00 30.18
PARTS/SUPPLIES 8469 0.00 497.97
PARTS/SUPPLIES 8459 0.00 183.75
0.00 4228.72
FY 2002-2003 OPEN PURC
EOC/CARES SUPPLIES
0.00 2706.25
0.00 69.39
RUN DATE 11/14/02 TIME 17:15:29
11/14/02 CITY OF CUPERTINO
ACCOUNTING PERIOD: 5/03 CHECK REGISTER ~ DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "11/11/2002" and "11/15/2002"
FI/ND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 597346 11/15/02 341 ICE CENTER OF CUPERTINO 5806449
1020 597347 11/15/02 346 INDEPENDENT ELECTRIC SUP 1108501
1020 597348 11/15/02 353 IRON MOUNTAIN 1104300
1020 597349 11/15/02 M J/kDALI, GOP~%R 580
1020 597350 11/15/02 952 JAM SERVICES INC 1108602
1020 597351 11/15/02 M JOSHI, SAVITA 580
1020 597352 11/15/02 369 KELLY-MOORE PAINT CO INC 1108511
1020 597352 11/15/02 369 KELLY-MOORE PAINT CO INC 1108511
TOTAL CHECK
1020 597353 11/15/02 1630 KIDZ LOVE SOCCER INC 5806449
1020 597354 11/15/02 M KIM, JUNG OK 580
1020 597355 11/15/02 371 LISA KING 110
1020 597355 11/15/02 371 LISA KING 5806449
TOTAL CHECK
1020 597356 11/15/02 377 PETER KOEHLER 5806249
1020 597357 11/15/02 2300 BARBARA LAUX 5506549
1020 597358 11/15/02 2728 JOHN LEE 5806249
1020 597359 11/15/02 396 PHILLIP M LENIHJ%N 5806449
1020 597360 11/15/02 M LIMA, CATHY 580
1020 597361 11/15/02 ME2003 ~A-NNING, COLLEEN 5806349
1020 597361 11/15/02 ME2003 ~NNING, COLLEEN 5806249
TOTAL CHECK
1020 597362 11/15/02 2713 REBECCA MCCOPd~ICK 5806449
1020 597363 11/15/02 1868 METRO MOBILE CON~4UNICATI 1108501
1020 597364 11/15/02 2525 MICROSOFT TECHNET 6104800
1020 597365 11/15/02 M MUSETTI, LOUIS 580
1020 597366 11/15/02 M2003 NATIONAL CRIME 1102100
1020 597367 11/15/02 1358 NORTHERN TOOL & EQUIPMEN 6308840
1020 597368 11/15/02 2488 POWERPLA/q 6308840
..... DESCRIPTION ...... SALES TAX
SERVICE AGREEMENT FOR
SUPPLIES
FY 2002-2003 OPEN PURC
Refund: Check - Return
12" TRAFFIC SIGNAL HEA
Refund: Check - FALL P
PAINT SUPPLIES 26734
PAINT SUPPLIES 26733
SERVICE AGREEMENT FOR
REFI/NDS 176566/176567
FRANCHISE TAX BRD 25%
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
UNPERTINO RM 10/26 DPS
SUPPLIES
SUPPLIES
SERVICE AGREEMENT FOR
SPEAKER MICROPHONE
TECFLNET RENEW~kL
Refund: Check - FALL E
SUPPLIES
PARTS/SUPPLIES 8479
KEYS 24337
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
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.O0
0.00
0.00
PAGE 5
AMOUNT
3652.00
159.13
560.65
750.00
3637.20
34.00
20.84
39.88
8910.00
-255.38
1021 . 50
117.00
460.00
22.50
227.50
750 . O0
290.23
25 . 74
315. 97
264.00
99.59
521. 04
lO0. O0
178 . 25
108.72
RUN DATE 11/14/02 TIME 17:15:29
- FIN~CIAL ACCOSTING
11/14/02
ACCOUNTING PERIOD:
~CTION CRITERIA:
5/03
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
transacS.trans_date between "11/11/2002" and "11/15/2002"
FUN~ - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 597368 11/15/02 2488
TOTA~L CHECK
POWERPL~ 6308840
1020 597369 11/15/02 493 OFFICE DEPOT 1101201
1020 597369 11/15/02 493 OFFICE DEPOT 5806249
1020 597369 11/15/02 493 OFFICE DEPOT 1108601
1020 597369 11/15/02 493 OFFICE DEPOT 1103300
1020 597369 11/15/02 493 OFFICE DEPOT 1101000
TOTA~L CHECK
1020 597370 11/15/02 494 OFFICE DEPOT CREDIT piJtN 1101500
1020 597371 11/15/02 1220
1020 597371 11/15/02 1220
1020 597371 11/15/02 1220
TOTAL CHECK
ORCHARD SUPPLY I~RDWARE 1108506
ORCH3~RD SUPPLY HARDWARE 1108501
ORCFL~D SUPPLY ~WARE 1108506
1020 597372 11/15/02 2692 PACIFIC BELL 1108508
1020 597372 11/15/02 2692 PACIFIC BELL 1108509
1020 597372 11/15/02 2692 PACIFIC BELL 5606640
1020 597372 11/15/02 2692 PACIFIC BELL 5606620
1020 597372 11/15/02 2692 PACIFIC BELL 1108607
3 597372 11/15/02 2692 PACIFIC BELL 1108201
0 597372 11/15/02 2692 PACIFIC BELL 1108501
1020 597372 11/15/02 2692 PACIFIC BELL 1108503
TOTAL CHECK
1020 597373 11/15/02 513
1020 597373 11/15/02 513
1020 597373 11/15/02 513
TOT~J~ CHECK
PACIFIC GAS & ELECTRIC { 1108407
PACIFIC GAS & ELECTRIC ( 5606620
PACIFIC GAS & ELECTRIC ( 5606620
1020 597374 11/15/02 526
1020 597374 11/15/02 526
TOTAL CHECK
PENINSULA DIGITAL IMAGIN 4209119
PENINSLrLA DIGITAL IMAGIN 110
1020 597375 11/15/02 M2003 PEREZ, MA2~IMO & BEATRICE 110
1020 597376 11/15/02 542 PINE CONE LUMBER 5606620
1020 597377 11/15/02 545 JEFF PISERCHIO 5606640
1020 597378 11/15/02 1929 PI~ING RESOURCE ASSOCI 1107302
1020 597379 11/15/02 1976 PULONE & STROMBERG 1101500
1020 597379 11/15/02 1976 PULONE & STROMBERG 1101500
TOTAL CHECK
1020 597380 11/15/02 2441 RENEE P~SEY 5806249
597381 11/15/02 581 RELIABLE 1104300
..... DESCRIPTION ......
ELEC. REPAIRS 8509
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
ON-TIME DISC 10/26 STM
PARTS/SUPPLIES
PARTS/SUPPLIES
10/28 11/27
10/28-11/27
10/28-11/27
10/28-11/27
10/28-11/27
10/28-11/27
10/28-11/27
10/28-11/27
9/27-10/25
9/27-10/25
9/27-10/25
IMPROVEMENT P~NS
R#20306 IMPROVE PL~
RFBD DEV MAINT FEE
LUFXBER 15913
BBF GOLF CONCESSIONAIR
PROFESSIONAL SERVICE F
SERVICE AGREEMENT FOR
OFFICE SUPPLIES 17116
SALES T;~X
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.0O
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
PAGE
AMOUNT
462.66
476.20
71.39
221.33
27.05
20.01
111.47
451.25
65.60
31.86
95.21
126.67
55.37
167.16
162.52
55.37
252.34
115.58
55.38
924.92
328.42
138.88
21.74
489.04
225.05
170,28
395,33
675.82
279.80
1899.00
7434.71
460.75
635.75
1096.50
920.00
92.49
RUN DATE 11/14/02 TIME 17:15:30
- FIN~CI~ ACCOUNTING
11/14/02 CITY OF CUPERTINO PAGE 7
ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "11/11/2002" and "11/15/2002"
FDND - 110 - GENER~-L FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FL~/DEPT
1020 597382 11/15/02 1071 REPUBLIC ELECTRIC 1108602
1820 597383 11/15/02 2482 ROBERT ~{ALF TECHNOLOGY 6104800
1020 597383 11/15/02 2482 ROBERT HALF TECHNOLOGY 6104800
TOTAL CHECK
1020 597384 11/15/02 2843 HLTDE'S PEST MOkNAGEMENT 1108502
1020 597384 11/15/02 2043 RLrDE'S PEST ~L~AGEMENT 1188584
1020 597384 11/15/02 2043 RUDE'S PEST MANAGEMENT 1108505
1020 597384 11/15/02 2043 RUDE'S PEST MANAGEMENT 1108505
1020 597384 11/15/02 2043 RLrDE'S PEST ~[~AGEMENT 1108503
1020 597384 11/15/02 2043 RL~DE'S PEST ~AGEMENT 1108504
TOTJkL CHECK
1020 597385 11/15/02 2222
1020 597385 11/15/02 2222
TOTAL CHECK
SANTA CL~ COUNTY BAR A 1101500
SANTA CL~ COUNTY BAR A 1101500
1020 597386 11/15/02 628 SANTA CLAP~ COUNTY SHERI 1182100
1020 597387 11/15/02 2057 SBC DATACOb~ 6109856
1020 597388 11/15/02 1890 SCHW;%~B INC 1101000
1020 597389 11/15/02 644 SCREEN DESIGNS 5806349
1020 597389 11/15/82 644 SCREEN DESIGNS 1106342
TOT;kL CHECK
1020 597390 11/15/02 647 ELIZJkBETR S~ON 5806449
1020 597391 11/15/02 2810 Sbi~T & FINAL 5806349
1020 597391 11/15/02 2810 SMART & FINAL 5806349
1020 597391 11/15/82 2810 SMART & FINAL 1106343
1020 597391 11/15/02 2810 SS~ART & FINAL 5806349
TOTAL CHECK
1020 597392 11/15/02 2834 SMART & FINAL 5806349
1020 597393 11/15/02 200 LESLIE SOKOL DBA DANCEKI 5806449
1020 597394 11/15/02 891 JOAN SPITSEN 5506549
1020 597395 11/15/02 1011 STATE BO{RD OF EQUALIZAT 110
1020 597396 11/15/02 684 CHERYL STODDJkRD 5806449
1020 597397 11/15/02 1012 STOREFRONT DOOR SERVICE 5708510
1020 597398 11/15/02 690 SUN/g~fVALE FORD 6308840
..... DESCRIPTION
WOLFE RD AND VALLCO PK
J.SEVERJ~NCE W/E 10/25
J.SEVEP. ANCE W/E 11/01
SPRAY/RODENTS
SPILAY/A2~TS QUINIJ~N CTR
SPRAY/ANTS
SPRAY/RODENTS
SPRAy/RODENTS
SPRAY/RODENTS
RENEWAL C.KILI~kN
RENEWAL E.MURP. Ay
I~W ENFORCEMENT SERVIC
SUPPORT RENEWAL GOOD T
SIGNATURE STAMP
PRESCHOOL/STAFF SHIRTS
PRESCHOOL/STAFF SHIRTS
SERVICE AGREEMENT FOR
SUPPLIES 17587
SUPPLIES 17584
SUPPLIES 17584
SUPPLIES 17582
PRESCHOOL CUPS
SERVICE AGREEMENT FOR
TRIP EXPENSES
OCT2002 PREPAYMENT
SERVICE AGRHEMENT FOR
IJkBOR
FY 2002-2003 OPEN PURC
SALES
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
0.00
0.00
O.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
AMOUNT
18986.00
1008.00
1008.00
2016.00
225.00
600.00
500.00
225.00
225.00
225.00
2000.00
243.00
268.00
511.00
480787.17
14635.48
108.00
301.19
409.19
552.00
52.33
120.44
107.71
90.99
371.47
600.79
3041.80
106.13
1823.00
330.00
159.50
52.81
RUN DATE 11/14/02 TIME 17:15:31
- FIN~CI~ ACCOUNTING
11/14/02 PAGE
ACCOUNTING PERIOD: 5/03
CASH ACCT CHECK NO
1020 597399
1020 597399
1020 597399
TOTAL CHECK
1020 597400
1020 597401
1020 597401
TOTAL C~ECK
1020 '597402
1020 597403
1020 597404
1020 597405
1020 597406
~20 597407
597407
.0 597407
1020 597407
TOTAL CHECK
1020 597408
1020 597409
1020 597409
TOTAL CHECK
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
CTION CRITERIA: 5ransact.trans_date between ,'11/11/2002" and "11/15/2002"
FUND - 110 - GENEP~AL FUND
ISSUE DT .............. VENDOR ............. FUND/DEPT
11/15/02 2045 SVCN 1104300
11/15/02 2045 SVCN 1104300
11/15/02 2045 SVCN 1104300
1020 597410
. 1020 597411
1020 597412
1020 597413
1020 597414
1020 597415
TOTAL CASH ACCOUNT
TOTAL FtfND
TOTAL REPORT
11/15/02 M2003
11/15/02 701
11/15/02 701
11/15/02 M2003
11/15/02 708
11/15/02 709
11/15/02 2403
11/15/02 ME2003
11/15/02 724
11/15/02 724
11/15/02 724
11/15/02 724
11/15/02 2665
11/15/02 738
11/15/02 738
TANDOC, AURELI0 & LYDIA 510
TARGET STORES 5806349
TARGET STORES 5806349
TECEPRO 1108201
NANCY THOMPSON 5806449
LOU THUPJ4AN 5806449
DR.TONY TROPEA 5806449
TRYBUS, JEFF 1104530
TURF & INDUSTRIAL EQUIPM 5606620
TURF & INDUSTRIAL EQUIPM 5606620
TURF & INDUSTRIAL EQUIRM 5606640
TURF & INDUSTRIAL EQUIPM 5606640
ERIN TURI 5806249
VALLEY OIL COMPANY 6308840
VALLEY OIL COMPANY 6308840
11/15/02 310
11/15/02 746
11/15/02 765
11/15/o2 M
11/15/02 2745
11/15/02 2121
VERIZON WIRELESS 1108501
VIKING OFFICE PRODUCTS 5506549
DR CHI-HSUI D WENG 5806449
WERTHEN, JAN 580
DORIS WILLIAMS 5506549
WILTEC 1108601
..... DESCRIPTION ......
FY 2002-2003 OPEN PURC
FY 2002-2003 OPEN PURC
FY 2002-2003 OPEN PURC
GRADING BOND/DEV.MAINT
SUPPLIES 17589
SUPPLIES 23048
R.WINSLOW JAN 16 & 17
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
UNIFORMS
SUPPLIES
EQUIPMENT PARTS 15920
SUPPLIES
SUPPLIES
SERVICE AGREEMENT FOR
FY 2002-2003 OPEN PURC
FY 2002-2003 OPEN PURC
~308957246 OCT2002
OFFICE SUPPLIES 16060
SERVICE AGREEMENT FOR
Refund: Check - FALL E
SERVICE AGREEMENT FOR
ANNUAL TRAFFIC COUNTS
SALES TAX
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
O.OO
O.O0
0.00
o.og
0,00
0.00
0.00
0.00
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.OO
AMOUNT
32.50
37.50
142.50
212.50
5165.14
97.73
36.73
134.46
350.00
288.00
653.97
500,00
232.07
372.57
437.90
407.38
39.13
1256.98
259.50
714.56
3635.87
4350.43
43.11
385.08
135.00
126.50
100.00
4800.00
655810.61
655810.61
655810.61
RUN DATE 11/14/02 TIME 17:15:31
- FINANCI~ ACCOSTING
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
November 22, 2002
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 $ 435,468.33
Less Employee Deductions $(123,296.52)
NET PAYROLL $ 312,171.81
Payroll check numbers issued 63801 through 64026
Void check number(s)
R IFI D:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December ,2002, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the CiW Council
APPROVED:
City Clerk
Mayor, City of Cupertino
RESOLUTION NO. 02-211
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
PHILIP W. YEN AND IRENE H. KUNG, HUSBAND AND WIFE AS COMMUNITY
PROPERTY WITH PdGHT OF SURVIVORSHIP,
21821 McClellan Road, APN 357-14-042
WHEREAS, Philip W. Yen and Irene H. Kung have executed a Grant of
Easement for Roadway Purposes which is in good and sufficient form, granting to the
City of Cupertino, County of Santa Clara, State of California, easement over certain real
property for roadway purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which
is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, located at 21821 McClellan Road, APN 357-14-042.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 357-14-042
21821 McClellan Road
Philip W. Yen and Irene H. Kun~, grant to the CITY OF CUPERTINO for public roadway
purposes, together with the right to construct, repair, operate, and maintain any and all public
utilities and improvements which shall be or become necessary for preservation of the public
safety, welfare or convenience, the hereinafter described property which is situated in the City of
Cupertino, County of Santa Clara, State of California, and as described as follows:
(See Exhibit "A" & "B")
1N WITNESS WHEREOF, executed this ~ day of~')C~ ~ , 2002.
Owners:
~"Ph~ip W. Yen
Ire~e H. Ku~c.~
(Notary acknowledgment to be attached)
EXHIBIT A
All of that certain property situate in Cupertino, California described as follows:
BEGINNING at the Southeasterly corner of Lot 162 as shown on the map entitled
"Map of the Subdivision 'A' Monta Vista" as recorded in Book P of Maps at page 20
Santa Clara County Records, said point also being on the Northerly boundary of
McClellan Road; thence along said boundary S89°44'26"W 24.83 feet to the
Southwesterly corner of said Lot 162; thence leaving said boundary and proceeding
along the Westerly line of said Lot 162 North 10.00 feet; thence along a line that is
parallel to said Northerly boundary of McClellan Road N89°44'26"E 24.83 feet; thence
South 10.00 feet to the point of BEGINNING.
Containing 248 square feet more or less and consisting of a portion of the above
mentioned Lot 162 as shown on the above mentioned Map.
tjobs~kung~Exhibit-a.doc
No. 20597
Ngo'oo'oo"E
[ 100.15'
SCALE: 1"=,30'
o
o
0
0
Z
75,52'
N90°OO'OO"W
SOUTH 10.00'
AREA TO BE DEDICATED: \
24-8 SQUARE FEET %
N89'4-4'26"E 24 8,.3' "
R.o.w. -/~ ~, '//"/////,
:,//2
S89'44'26"W
PLA T
McCLELLAN
LOTS 162 AND 168 OF
"MAP OF SUBDIVISION
'A' MONTA VISTA" AS
RECORDEB IN BOOK P
OF MAPS AT PAGE 20,
SANTA CLARA COUNTY
RECORDS.
ROAD
TO ACCOMPANY
I
1
EXHIBIT A
FOR THE DEDICATION OF PUBLIC
RIGHT OF WAY
ALL-PURPOSE ACkNOWLEDGmENT
County of __¢_A__NTA,C_LA.__R_A~ ............................
- ~cr3on~b/Imow~ mo OR -~ proved to me on the basis of satisfactow evidence to be the person(s)
3FFICIAL SEAL
uu, ouc P.o
COMM, #1367808
NOTARY PUBLIC- CALIFORNIA
Coun~ ~f Santa Clara
y ~mmi~ion expires Aug. 3, 20~5
whose name(s~-fare subscribed to the within instrument
and acknowledged to me that .~eCr-------------~/they executed the
same in b,i-~l~their authorized capacity(les), and that by
his?hcrAheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
OPTIONAL
Though the/nforrnatJo,n ~;OW ~$ not required by law. ;t may prove va u~bie ~o persons relying on the document and could prevent
fraudu!eF,,t removal and reattacl'tme[lt of this form Io a,~other document,
Description of Attache~/~'-'c' _ .'~L ~-./;D°cument ~2.~_~z~_,
...................... __~. .................................................. Pages:
Signer(s) Other Than Named Above: ....................................
Capacity(les) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Parmer ~-. C~ Limited r'-., General
Attorney-in-Fact
Trustee
Guardism er Conservator !~'~i~,~lt~
Other: ';op >f mt:mb ne=e
oJgner Is Representing:
Signer's Name:
Individual
Corporate Officer
Title(s): .........
Panner ~ C; Limited :.~! General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
DRAFT
RESOLUTION NO. 02-212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPERS, JIM NETZEL AND ZITA S. NETZEL,
HUSBAND AND WIFE AS COMMUNITY PROPERTY, 10070 HILLCREST ROAD,
APN 326-16-019
WHEREAS, there has been. presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Jim Netzel and Zita S. Netzel, husband
and wife as community property, for the installation of certain municipal improvements at 10070
Hillcrest Road and said agreement having been approved by the City Attorney, and Developers
having paid the fees as outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2"d day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAiN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Resolution No.02-212
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Jim Netzel and Zita S. Netzel, Husband and Wife As Community
Property
LOCATION:
10070 Hillcrest Road
A. Faithful Performance Bond: Off-site:
SiX THOUSAND TWO HUNDRED AND 00/100 DOLLARS
$ 6,200.00
B. Labor and Material Bond:
SIX THOUSAND TWO HUNDRED AND 00/100 DOLLARS
$ 6,200.00
C. Checking and Inspection Fees:
TWO THOUSAND THREE HUNDRED AND 00/100 DOLLARS
$ 2,300.00
D. Development Maintenance Deposit
ONE THOUSAND AND 00/100 DOLLARS
$1,000.00
E. Storm Drainage Fee:
TWO HUNDRED EIGHTY-EIGHT AND 74/100 DOLLARS
$ 288.74
F. One Year Power Cost:
N/A
G. Street Trees: By Developer
H. Map Checking Fee:
N/A
I. Park Fee: N/A
J. Water Main Reimbursement:
N/A
Maps and/or Improvement Plans:
As specified in
Item #21 of agreement
RESOLUTION NO. 02-213
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
JIM NETZEL AND ZITA S. NETZEL, HUSBAND AND WIFE AS
COMMUNITY PROPERTY, 10070 HILLCREST ROAD,
APN 326-16-019
WHEREAS, Jim Netzel and Zita S. Netzel, Husband and Wife as community property,
have executed a Grant of Easement for Roadway Purposes which is in good and sufficient form,
granting to the City of Cupertino, County of Santa Clara, State of California, easement over
certain real property for roadway purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as
follows:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, located at 10070 Hillcrest Road, APN 326-16-019.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so
tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002, by the following vote:
Vote
Members of the City .Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 326-16-019
10070 Hillcrest Road
Jim Netzei and Zita S. Netzel, husband and wife as community orooertv, grant to the CITY
OF CUPERTINO for public roadway purposes, together with the right to construct, repair,
operate, and maintain any and all public utilities and improvements which shall be or become
necessary for preservation of the public safety, welfare or convenience, the hereinafter described
property which is situated in the City of Cupertino, County of Santa Clara, State of California,
and as described as follows:
(See Exhibit "A" & "B")
IN WITNESS WHEREOF, executed this ~tay of G)~t
,2002.
(Notary acknowledgment to be attached)
Owners:
SCALE: 1"--30'
N 02'26'00" W 75,00'
PORTION OF BLOCK A, AS ~ .o
SHOWN UPON THAT
"MAP OF RUSSEL HURST tn
MONTA VISTA", AS
RECORDED IN BOOK P OF
I
MAPS AT PAGE 22, SANTA
CLARA COUNTY RECORDS.
AREA TO BE DEDICATED: 874,94 SQUARE FEET
PLA T TO
FOR THE
N 00'0...~,~0" W 86,99,
~,.,..--10' DEDICATiON_,..,,~ ~
----. ¢
N O0'O0"r"~'~' W 88.00'
HILL CREST ROAD
ACCOMPANY
DEDICATION
RIGHT
EXHIBIT A
OF PUBLIC
OF WAY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of ,.~)/~/C//-"~
On /z~- ~D- ~DOD~ before me,
Date
personally appeared v/~'~/---/ ~J~"Z~/~
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
[] personally known to me - OR -j~proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)-~s/are subscribed to the within instrument
and acknowledged to me that .he/she/they executed the
same in-I:~dher/their authorized capacity(les), and that by
l=~¢he,/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
.-.~ C0mm. ~'1227961
WETNESS my hand and official seal.
TI~//ONAL Signature of Notary Public
oP
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
o,
Document Date: /~ '- ,"~- ~.~
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
~ndividual
[] Corporate Officer
T~tle(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other: Top of thum~ here
Signe['s Name:
~lndividual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other: Top of thumb here
Signer Is Representing:
Signer Is Representing:
994 National Notary Asscciatlon · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call ToIFFree 1-800-876-6827
- EXHIBIT A
All of that certain property situate in Cupertino, California described as follows:
BEGINNING at a point on the Eastern line of Hillcrest Road, formerly Crescent Road;
said Road is shown upon that certain map entitled "Map of Russel Hurst Monta Vista",
as recorded in book P of maps at page 22, Santa Clara County Records, which said
point bears South 89053, East, 310.1 feet; North 15016' East, 130.5 feet; North 2o26'
West, 191.70 feet and South 85045, West, 130.4 feet from the stake A. M. 1 at the
Southwestern comer of Section 11 on the Northern line of Cupertino Road, formerly
Stevens Creek Road, also known as San Jose Avenue, as said Section and last
named Road or Avenue are shown upon the Map above referred to; running thence
from said Point of Beginning along the said Eastern line of Hillcrest Road, North
88.00 feet to the Southwestern comer of the parcel of land described in the Deed from
Antonio Pinto to Alvin E. Plants et ux, dated March 14, 1940, recorded March 20,
1940 in Book 971 of Official Records, Page 180, Santa Clara County Records; thence
S 88°27'47" E 10.00 feet along the Southwestem line of land described in said Deed
to Plants; thence South 86.99 feet; thence South 85045, West 10.00 feet to the Point
of Beginning.
Containing 875 square fcct more or less and consisting of a portion of the above
mentioned Block A as shown on the above mentioned Map.
RESOLUTION NO. 02-214
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM JIM NETZEL AND ZITA S. NETZEL,
HUSBAND AND WIFE AS COMMUNITY PROPERTY, 10070 HILLCREST ROAD,
APN 326-16-019
WHEREAS, Jim Netzel and Zita S. Netzel, husband and wife as community property,
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 2"a day of December, 2002, 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 326-16-019
10070 Hillcrest Road
Jim Netzel and Zita S. Netzel, husband and wife as community oroDert., hereinafter
referred to as the "GRANTOR", this?~-day of O (- 4. 2002, hereby grant,
bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the right, title, interest, estate, claim and demand, both at law
and in equity, and as well in possession as in expectancy of the GRANTOR as owner of
that certain real property situate in the County of Santa Clara, State of California, and
specifically described as follows:
SEE ATTACHED EXHIBIT "A" & "B"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership or
overlying lands in the said lot to take from said underground basin within the said lot 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 lot 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 lot.
This assignment, conveyance and authorization is made for the benefit of lot within the
above described plat and description and shall bind the owner of said lot within said plat
and description.
IN WITNESS WHEREOF, GRANTOR have executed this instrument the day and year
first above written.
OWNERS:
(Acknowledgment and Notarial Seal Attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of ,~/~/U/~'/~
On /~- ~- ~0~ beforeme,
Date
personally appeared
Name and 'Rtle of Officer (e,g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
[] personally known to me - OR -J~ 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 h~/~he/they executed the
same in-hi,sAber/their authorized capacity(les), and that by
hie/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNE~S~and~ ~-~-~_~'°ffi7, ~ ./~'~-~'~.r'jseal'
OPT~/IG~AL S,gn.,u,. of Notary Public
Though the information be/ow 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: /¢ ~..?...? - ...TE~..-~ Number of Pages: z'z/
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
Signer's Name:
I~'lndividual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other: Top of thumb here
E:~l~dividual
[] Corporate Officer
Title(s):
[] Partner--[] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Top of thumb here
Signer Is Representing: Signer Is Representing:
994 National Notary Association · 8236 Remmet Ave., P,O. BOX 7184 · Canoga Park, CA 91309-7184 Prod. No, 5907 Reorder: Call Toll*Free 1-800-876-6827
- EXHIBIT A
All of that certain property situate in Cupertino, California described as follows:
Beginning at a point on the Eastern line of Hillcrest Road, formerly Crescent Road;
said Road is shown upon that certain map entitled "Map of Russel Hurst Monta Vista",
as recorded in book P of maps at page 22, Santa Clara County Records, which said
point bears South 89053' East, 310.1 feet; North 15016, East, 130.5 feet; North 2o26,
West, 191.70 feet and South 85°45' West, 130.4 feet from the stake A. M. 1 at the
Southwestern corner of Section 11 on the Northern line of Cupertino Road, formerly
Stevens Creek Road, also known as San Jose Avenue, as said Section and last
named Road or Avenue are shown upon the Map above referred to; running thence
from said TRUE POINT OF BEGINNING along the said Eastern line of Hillcrest Road,
North 88.00 feet to the Southwestern corner of the parcel of land described in the
Deed from Antonio Pinto to Alvin E. Plants et ux, dated March 14, 1940, recorded
March 20, 1940 in Book 971 of Official Records, Page 180, Santa Clara County
Records; thence S 88°27'47" E 126.90 feet along the Southwestern line of land
described in said Deed to Plants; thence S02°26'00"E 75.00 feet; thence South 85045,
West 130.40 feet to the TRUE POINT OF BEGINNING.
Containing 10,469 square feet more or less and consisting of a portion of the above
mentioned Block A as shown on the above mentioned Map.
20597.
SCALE: 1"--~ 30'
Z
N 02'26'00" W 75.00'
PORTION OF BLOCK A, AS
SHOWN UPON THAT
CERTAIN MAP ENTITLED
"MAP OF RUSSEL HURST
MONTA VISTA", AS
RECORDED IN BOOK P OF
MAPS AT PAGE 22, SANTA
CLARA COUNTY RECORDS.
N 00'00..~.0. 0" ..,~._86.99'
N 00'00'00" W 88.00' -
HILL CREST ROAD
PLAT
FOR THE
TO ACCOMPANY EXHIBIT A
DEDICATION OF UNDER GR O UD
WA TER RIGHTS
RESOLUTION NO. 02-215
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPERS, BIN XU AND CHI ZHANG, HUSBAND
AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP,
10465 BYRNE AVENUE, APN 357-12-038
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Bin Xu and Chi Zhang, husband and
wife as community property with right of survivorship, for the installation of certain municipal
improvements at 10465 Byrne Avenue and said agreement having been approved by the City
Attorney, and Developers having paid the fees as outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
/I-I
Resolution No.02-215
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Bin Xu and Chi Zhang, Husband and Wife as Community Property
with right of survivorship
LOCATION: 10465 Byrne Avenue
A. Faithful Performance Bond: Off-site:
THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
B. Labor and Material Bond:
THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
C. Checking and Inspection Fees:
TWO THOUSAND THREE HUNDRED AND 00/100 DOLLARS
D. Development Maintenance Deposit
ONE THOUSAND AND 00/100 DOLLARS
E. Storm Drainage Fee:
ONE HUNDRED NINETY-TWO AND 49/100 DOLLARS
One Year Power Cost:
Street Trees:
Map Checking Fee:
Park Fee:
Water Main Reimbursement:
Maps and/or Improvement Plans:
G.
H.
I.
J.
K.
$ 3,500.00
$ 3,500.00
$ 2,300.00
$1,000.00
$ 192.49
N/A
By Developer
N/A
N/A
N/A
As specified in
Item #21 of agreement
RESOLUTION NO. 02-216
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
BIN XU AND CHI ZHANG, HUSBAND AND WIFE AS COMMUNITY
PROPERTY WITH RIGHT OF SURVIVORSHIP,
10465 BYRNE AVENUE, APN 357-12-038
WHEREAS, Bin Xu and Chi Zhang, Husband and Wife as community property
with right of survivorship, have executed a Grant of Easement for Roadway Purposes
which is in good and sufficient form, granting to the City of Cupertino, County of Santa
Clara, State of California, easement over certain real property for roadway purposes,
situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit
"B", attached hereto and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, located at 10465 Byme Avenue, APN 357-12-038.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhang, husband and wife as community property with right of
survivorship, grant to the CITY OF CUPERTINO for public roadway purposes, together with
thc right to construct, repair, operate, and maintain any and all public utilities and improvements
which shall be or become necessary for preservation of the public safety, welfare or convenience,
the hereinafter described property which is situated in the City of Cupertino, County of Santa
Clara, State of California, and as described as follows:
(See Exhibit "A" & "B")
IN WITNESS WHEREOF, executed this /4[[day of ~0 g
,2002.
Owners:
Commission # 1371721
Nota~ Public - California
Alameda Coun~
~ Co~. E~sA~ 25, ~
(Notary acknowledgment to be attached)
Bin Xu
ROAD
PLAT TO ACCOMPANY
EXHIBIT 'A' FOR DEDICATION OF
RIGHT OF WAY TO THE CITY OF CUPERTINO
APN
'T'
t-- 0
n-' 0
o d
SITE
357-1
2-03/87 SCALE: 1"=30'
10' DEDICATION ~ ~
i EAST 15o.oo
120.00 ~ o o
EAST 10.00' d
NORTH 50.00'
WEST 10.00' ~
120.00 '~, u3
WEST 130.0
T.P.O.B.
VICINITY M
~j ALCAZAR
>
z Ld
m DOLORES o
>- z
0
McCLELLAN RD.
~ 20'
20' ~
EXHIBIT A
DEDICATION OF ROAD RIGHT OF WAY
All of that real property situate in Santa Clara County, California described as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF BEGINNING of
this description; thence West 10.00 feet; thence North 50.00 feet; thence East 10.00 to a
point in the Westerly boundary of the aforementioned Byrne Ave.; thence South 50.00 feet
to the TRUE POINT OF BEGINNING.
Containing 500 square feet more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, MD.BM.
J : Ll O B S ~Xu~Dedication. doc
11-08-02
RESOLUTION NO. 02-217
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM BIN XU AND CHI ZHANG, HUSBAND AND
WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP,
10465 BYRNE AVENUE, APN 357-12-038
WHEREAS, Bin Xu and Chi Zhang, husband and wife as community property with right
of survivorship, 10465 Byme Avenue, APN 357-12-038, 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 2nd day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTA1N:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
13-1
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhang, husband and wife as community l~roDertv with right of
survivorship, hereinafter referred to as the "GRANTOR", this ~ &~ day of
/~ t~¢~nn [~Lr 2002, hereby grant, bargain, assign, convey, remise, release and
forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter
referred to as the "GRANTEE", its successors and assigns, all the right, title, interest,
estate, claim and demand, both at law and in equity, and as well in possession as in
expectancy of the GRANTOR as owner of that certain real property situate in the County
of Santa Clara, State of California, and specifically described as follows:
SEE ATTACHED EXHIBIT "A" & "B"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership or
overlying lands in the said lot to take from said underground basin within the said lot 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 lot 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 lot.
This assignment, conveyance and authorization is made for the benefit of lot within the
above described plat and description and shall bind the owner of said lot within said plat
and description.
1N WITNESS WHEREOF, GRANTOR have executed this instrument the day and year
first above written.
OWNERS:
· ~ -12~%~, Commission# 1371721
~ ~ Notary Public - California
Alameda Counb/
Bin Xu
Chi Zhang
EXHIBIT "A'
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
All of that real property situate in Santa Clara County, California described as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena V~sta Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF BEGINNING of
this description and the Westerly boundary of the annexation to the City of Cupertino
entitled "Byrne Ave., 85-01" and the Westerly boundary of Byrne Avenue; thence leaving
said Westerly boundary and proceeding West 130.00 feet to a point on the Easterly
boundary of the annexation to the City of Cupertino entitled "McClellan Road, 87-04";
thence proceeding along said annexation boundary North 50.0d feet; thence leaving said
Easterly boundary and proceeding East 130.00 feet to a point on the Westerly boundary of
the annexation to the City of Cupertino entitled "Byrne Ave., 88-11' and the Westerly
boundary of Byrne Ave.; thence along said Westerly boundary and the Westerly boundary
of the annexation to the City of Cupertino entitled "Byme Ave., 85-01", South 50.00 feet to
the TRUE POINT OF BEGINNING.
Containing 0.149 acre more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, M.D.B.M.
J AJOB S~Xu~H I B I T-A. doc
8-15-02
L
EXHiBll B.
"- PLAT TO ACCOM~ANY
EXHIBIT 'A'
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
L
CUPERTINO
Y LIMITS OF "BYRNE-,~..~
~ ~ER ANNEXATION
~ AVE. -
SCALE: 1" = 100' APN 357-12-038
ANNEXA~ON
0.149 ACL6,500 SQ.fT.)~ iOLORES I
.......... AVE.
\\ WEsT I
) o ??_, ~30. oo .,,~
CITY LIMITS OF CUPERTINO z
PER ANNEXATION "McCLELLAN WEST
I ROAD 87-04." T.P.O.B.-- I.~
I I
/ ,,,!
!
I >-I
VICINITY
~ ALCAZAR
~ DOLORES ~
z
SITE McCLELLAN RD.
McCLELLAN ROAD! i
CITY LIMITS ~ CUPERTINO
"PER ANNEXATION "BYRNE
AVE. 85-01"
CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
AUGUST 15, 2002
/3-5'
RESOLUTION NO. 02-218
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPER, STEVENS CREEK APARTMENTS, A
CALIFORNIA LIMITED PARTNERSHIP (VERONA APARTMENTS ~ CUPERTINO CITY
CENTER), APN 369-01-029
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Stevens Creek Apartments, a California
limited partnership, APN 369-01-029, for the installation of certain municipal improvements at
Verona Apartments ~ Cupertino City Center and said agreement having been approved by the
City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Resolution No.02-218
Page 2
DEVELOPMENT:
LOCATION:
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
Stevens Creek Apartments, a California limited partnership
Verona Apartments ~ Cupertino City Center
APN 369-01-029
A. Faithful Performance Bond: Off-site: $ 30,645.00
Onsite: $ 600,298.00
THIRTY THOUSAND SIX HUNDRED FORTY-FIVE AND 00/100 DOLLARS
SIX HUNDRED THOUSAND TWO HUNDRED NINETY-EIGHT AND 00/100 DOLLARS
B. Labor and Material Bond: Off-site: $ 30,645.00
Onsite: $ 600,298.00
THIRTY THOUSAND SIX HUNDRED FORTY-FIVE AND 00/100 DOLLARS
SIX HUNDRED THOUSAND TWO HUNDRED NINETY-EIGHT AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 31,547.00
THIRTY-ONE THOUSAND FIVE HUNDRED FORTY-SEVEN AND 00/100 DOLLARS
D. Indirect City Expenses:
N/A
E. Development Maintenance Deposit
TWO THOUSAND AND 00/100 DOLLARS
$ 2,000.00
F. Storm Drainage Fee:
PAID
G. One Year Power Cost:
N/A
H. Street Trees: By Developer
I. Map Checking Fee:
N/A
J. Park Fee: Zone III $1,498,500.00
ONE MILLION FOUR HUNDRED NINETY-EIGHT THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
K. Water Main Reimbursement:
N/A
Lo
Maps and/or Improvement Plans:
As specified in
Item #23 of agreement
M. Street Reimbursement Cost: $ 6,750.00
SIX THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS
N. Pedestrian Crossing Reimbursement:
THIRTY THOUSAND AND 00/100 DOLLARS
$ 30,000.00
'0--
CITY OF
CUPE INO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
AGENDA ITEM
Summary
AGENDA DATE December 2, 2002
SUBJECT AND ISSUE
Adopt a resolution declaring intention to order vacation of a public utility easement, fixing time
and place for public heating and providing for notice thereof; Cupertino City Center, Phase III,
Tract No. 7953, Lot 8.
BACKGROUND
In December 2000, the private access and emergency vehicle access easements on this lot were
vacated in conjunction with a lot line adjustment and relinquishment of the non-exclusive
irrevocable license for use of the property. Two public utility easements (PUE) also existed on
Lot 8 of Tract No. 7953 and are entirely in the same area, which was transferred to Lot 1
(Apartment Project) and Lot 6 (Hotel Project). These public utility easements, shown on the
attached exhibit, are no longer required by the City and should be abandoned in accordance with
the previous lot line adjustment.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No.0~-~lc}, setting a public hearing for
January 21, 2003 for vacation of public utility easement.
Submitted by:
Ralph A. Quells, Jr.
Director of Public Works
Approved for submission to
the City Council:
David W. Knapp
City Manager
Printed on Recycled Paper
RESOLUTION NO. 02-219
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF PUBLIC UTILITY EASEMENTS
WITH1N THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR
PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; TRACT 7953, LOT 8, CUPERTINO
CITY CENTER
WHEREAS, certain Public Utility Easements more particularly described in description and map
attached hereto and made part hereof as Exhibits "A" and "B", are deemed unnecessary for present and
prospective use; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 50430 et seq.
of the Government Code of the State of California; and
WHEREAS, it is in the public interests that the City Council initiates the vacation of said
easements;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to
vacate the aforesaid public utility easements.
BE IT FURTHER RESOLVED:
1. That the 21st day of January, 2003, at 6:45 p.m., in the Council Chamber, City Hall, 10300
Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed
vacation;
law;
That the aforesaid date is not less than 15 days from passage of this resolution pursuant to
3. That the City Clerk shall cause a certified copy of this resolution to be published in the
mamaer prescribed by law, and shall cause certified copies to be posted along the line of said property
proposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a
minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
2',d day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
EXBIRIT A
CUPERTINO CITY CENTER
EASEMENTS TO BE VACATED
All that certain Real Property situate in the City of Cupertino, County of Santa Clara,
State of California, more particularly described as follows:
LOT 8
Beginning at the most southwesterly comer of Lot 8 as Lot 8 is shown on that certain Map
entitled Tract No. 7953 Cupe~'mo City Center Phase 111~ which Map was filed for record in
the office of the Recorder of the County of Santa Clara, State of California on February 27,
1987, in Book 571 of Maps, Pages 36 and 37; thence North 00O53'20" East 92.56 feet along
the westerly boundary of Lot 8, as Lot 8 is shown on that certain Map entitled Tract No. 7953
Cupertino City Center Phase m, which Map was filed for record in the office of the
Recorder of the County of Santa Clara, State of California on February 27, 1987, in Book
571 of Maps, Pages 36 and 37; thence leaving said westerly boundary of Lot 8, South
89°06'16" East 159.81 feet; thence South 44o06'40" East 102.00 feet; thence along the
arc of a curve to the left which is radial to the preceding course from a bearing of South
84o08'25" East, having a radius of 34.03 feet and central angle of 35°51'22", an arc length
of 21.30 feet to a point on the southerly boundary of said Lot 8; thence North 89o06'40"
West 243.46 feet along said southerly boundary to the Point of Beginning.
Containing 18,890 square feet of land, more or less.
Beginning at the most Northeasterly comer of Lot 8 as Lot 8 is shown on that certain
Map entitled Tract No. 7953 Cupertino City Cemer Phase m, which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of California on
February 27, 1987, in Book 571 of Maps, Pages 36 and 37; thence South 00o53'20'' West
240.62 feet along the easterly boundary of said Lot 8; thence North 44006'40" West
74.60 feet; thence North 00o55'35" East 175.80 feet to a point on the northerly boundary
of said Lot 8; thence proceeding along the northerly boundary of said Lot 8 along the arc
of a curve to the left having a radius of 68.00 feet and central angle of 17°56'08'', an arc
length of 21.29 feet; thence continuing along the northerly boundary of said Lot 8, North
72°57'12" East 19.82 feet; thence continuing along the northerly boundary of said Lot 8,
along the arc of a curve to the right having a radius of 68.00 feet and cemral angle of
10°05'26'', an arc length of 11.98 feet to the Point of Beginning.
Containing 10,924 square feet of land, more or less.
END OF DESCRIPTION
1-11-01 Page I of I
Creegan + D'Angelo
100002 / 199068
15'
LEGENp
$ 00'55'20' W
250.00'
LOT 1
Reconfigured
1.88~ Acres
204.54'
I
IN 00'55'20" E
S84'08'25'E
I /54~05'
I {, S59'29'24'W
25.46t ~' ,v//~ 34'°3'
65.46' ~,~J~ 680'
175.80' / NOO'55'35'E
LOT 8
/ Recon fig ured
/ 0.98~: Acres
S 00'55'20' W
PUE, EVAE, PAE AS DESCRIBED ON
TRACT MAP ~it7955, BOOK 51 OF MAPS
PAGES 36-37, SANTA CLARA COUNTY RECORDS
DF ANZA BOULEVARD
CB, EECAN+D'ANCELO
Engineers · Plonners · Surveyors
1075 N TENTH STREET, SUITE 100
SAN JOSE,CA 95112-1032
80
scale
0 80
1"= 80'
160
feet
LINE
LI
LINE TABLE
LENGTH BEARING
19.82 N72'57'I2"E
19.60 N71'57'51'W
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1 8.57 68.00 7.13'26"
C2 11.98 68.00 10'05'26'
C3 20.54 68.00 17'18'37'
C4 21.29 68.00 17'56'08'
C5 20.95 70.00 17'08'49'
C6 20.95 70.00 17'08'49'
C7 50.27 32.00 90'00'00'
S00'53'20"W
27~o'--
LOT 6
Recon figured
1.31:b Acres
234.94'
N 00'53'20" E
92.56' 35.06'
N 00'53'20' E
199068
PROMETHEUS W/
KIMPTON GROUP
CUPERTINO CITY CENTER
VACATION 0F 'PUE EASEMENTS
DRAWN: NJH
DESIGN: DVB
CH'KD: DVB
DATE: 1-11-ol
SCALE: AS SHOWN
SHEET 1 OF 1
o~ o~
CUPEI INO
PARKS AND RECREATION ADMINISTRATION
STAFF REPORT
Agenda Item Number /{4)
Agenda Date: December 2, 2002
SUBJECT
Adopt goals for the Stevens Creek Corridor Master Plan.
BACKGROUND
On Monday, November 18, the City Council met with the Parks and Recreation Commission in a
joint study session to outline goals for the Stevens Creek corridor master plan project. Individual
Council members commented on what should be analyzed and/or included in the master plan.
The following is a list of goals that were drafted to reflect what staffheard as Council consensus.
This list is the first draft for Council consideration and there is no priority order to the list:
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
· Ackmowledge 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 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
Printed on Recycled Paper
Stevens Creek Corridor Master Plan Goals
December 2, 2002
Page 2 of 2
STAFF RECOMMENDATION
Staff recommends that City Council review and adopt this set of goals and that they be included
in the Stevens Creek Corridor master planning process.
SUBMITTED BY:
Michael O'Dowd
Recreation Supervisor
Parks and Recreation Department
APPROVED FOR SUBMISSION
TO CITY COUNCIL:
David .~~a~~p~
City Manager
g:\parks and recreation admin\l stevens creek corridor~'eports\cc staffreport 120202.doc
CITY OF
CUPEI INO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
AGENDA ITEM
Summary
AGENDA DATE December 2, 2002
SUBJECT AND ISSUE
Review of bids and award of contract for Portal Park and Wilson Park Improvement, Project No.
2002-9119, to the low bidder, Bay Construction, in the amount of $596,106.64 for the base bid
and Bid Alternate No. 1, the Restroom Building in Wilson Park, and approve a construction
contingency of $39,000, for a total of $635,106.64.
BACKGROUND
The Portal Park and Wilson Park Improvement project was budgeted in the Five Year Capital
Improvements Program. These parks are in need of renovations to upgrade play areas and
landscape. Replacement of the existing deteriorated restroom facility in Wilson Park with a
prefabricated restroom facility is included in the project as Add Alternate No. 1. Two other add
alternates are installation of furniture and installation of a gazebo, both in Wilson Park.
This project was originally advertised earlier this year and bids were received on August 13, 2002.
Although there were a number ofplanholders, only one bid was submitted at that time, which was
$200,000.00 higher than the Engineer's Estimate. Also, other planholders indicated that because
of other commitments, they were unable to bid at that time. Therefore, the Council, acting on
staff's recommendation, rejected the bid on September 3, 2002. Staff also noted that putting the
project out to bid again after potential bidders had worked off some of their backlog of
commitments would likely increase the number and competitiveness of bids received.
After the specification for the prefabricated restroom was slightly modified to reduce its estimated
cost, the project was readvertised in October and bids were received on November 19, 2002.
There were three bids submitted, with the low base bid within ten percent of the Engineer's
Estimate. The remainder of the bid, as shown in the summary below, will allow, in addition to the
base items, construction of Add Alternate No. 1, the Wilson Park restroom facility.
Printed on Recycled Paper
The following is a summary of bids received for the referenced project:
Bidder Base Bid Add Alternate No. 1 Base + Add
Alternate No. 1
HRBConstruction $ 562,653.00 $ 144,344.00 $ 706,997.00
JensenLandscape $ 545,444.00 $ 127,700.00 $ 673,144.00
Bay Construction $ 439,372.59 $ 156,734.05 $ 596,106.64
Engineer's Estimate $ 400,417.00 $ 110,000.00 $ 510,417.00
FISCAL IMPACT
Project Funding
Portal & Wilson Park Improvements Fund (420-9119-9300)
Park Renovations Fund (420-9108-9300)
$ 640,300.00
72,545.00
Total $ 712,845.00
Cost for Project Design
(77,550.00)
Total Available Funding for construction
$ 635,295.00
As shown above in the project funding summary, after design fees, there is $635,295 in total
funding available for project construction. Since the City will be reimbursed through grants for
this project in the amount of $570,000, award of the contract to the low bidder, Bay
Construction, in the amount of $596,106.64 for the base bid and Bid Alternate No. 1, excluding
contingencies, will result in a net cost to the City's General Fund of $26,106.64. In addition,
staff is recommending a 6% contingency for unforeseen conditions in the amount of $39,000.
As these amounts are within the adopted budget, there is no additional fiscal impact.
STAFF RECOMMENDATION
Award of contract for Portal Park and Wilson Park Improvement, Project No. 2002-9119, to the
low bidder, Bay Construction, in the amount of $596,106.64 for the base bid and Bid Alternate
No. 1, the Restroom Building in Wilson Park, and approve a construction contingency of
$39,000, for a total of $635,106.64.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Attest as to bids received:
Kimberly Smith
City Clerk
Approved for submission:
David W. Knapp
City Manager
CITY OF
CUPEI TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014~3255
Telephone: (408) 777-32110
FAX: (408) 777-3366
Website: www.eupertino.org
PARKS AND RECREATION DEPARTMENT
STAFF REPORT
Agenda Item Number
Agenda Date: December 2, 2002
SUBJECT AND ISSUE
Approve request from the Organization of Special Needs Families (OSF) for waiver of fees in the
approximate amount of $240 for use of the Senior Center's reception halt on December 13, 2002 to
hold their volunteer appreciation party.
BACKGROUND
The OSF is a Cupertino-based, nonprofit organization that incorporates both educational and
recreational activities for children with special needs every Saturday. This organization provides
supports, resources, and weekly activities to families with special needs children. OSF also trains local
volunteer community members to work as one-on-one helpers. To express their appreciation to their
many volunteers, a year-end holiday party has been planned for December 13 at the Senior Center (see
their attached letter).
STAFF RECOMMENDATION
It is recommended that City Council waive the room rental fees in the approximate amount of $240.00
for OSF's event. OSF will be responsible for $60.00 in staff costs.
SUBMITTED BY:
APPROVED FOR SUBMISSION
TO CITY COUNCIL:
Therese Smith, Director
Parks and Recreation
David W. Knapp, City Manager
mp
/8'/
Printed on Recycled Paper
Organization of Special Needs Families
10823 Willowbrook Way, Cupertino, CA 95014
Tel: (408) 996~0858 _w_w_w_w_w_w_w_w_w3vw,osfamilies...org
November 15, 2002
Cupertino City Council
10300 Torte Avenue
Cupertino, CA 95014
Ref: Appeal for facility rental waiver
Dear Honorable Mayor and City Council,
The Organization of Special Needs Families (OSF), a non-profit organization, based at 20920
McClellan Road, Cupertino, CA. 95014, runs a weekly program, which incorporates both
educational and recreational activities for children with special needs every Saturday from 2-4pm.
All enrolled children with special needs are grouped by age and rotate through four stations,
which include Fine/Gross Motor Play Station, Reading and Music Station~ Computer and
Tablework Station, and Physical Exercise Station.
OSF provides support, resources and weekly activities to families with special needs children.
Currently enrollment is 28 students with special needs whose ages range from 3 to 45. OSF also
has trained local community members, most of them local high school student.s, to work as one-
on-one helpers. Helpers receive training, which covers basic concepts of special education and
techniques of applied behavior analysis. Volunteers who work with children of special needs are
committed, caring individuals drawn by the intrinsic rewards of working with this unique
population.
At the year-end holiday season, we are planning a gathering that all OSF families of children
with special needs would have opportunity to express our appreciation toward volunteers. This
gathering, named Volunteer Appreciation Party, will be dedicated to thank all our Cupertino
commtmity volunteers for their dedicated contribution over the year. The party is scheduled
December 13, 2002 from 5pm - 1 lpm at Cupertino Senior Center with a cost of $300 rental fee.
I would like to ask your kindness to waive this $300.00 facility usage to support OSF, a
Cupertino-based non-profit organization. Most of our families, like me as Cupertino residents,
will appreciate your generous support. If you have any question, please do not hesitate to contact
me.
Sincer~~
Wei
President
AGENDA NO. Iq
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUMMARY
AGENDA DATE December 2, 2002
SUMMARY:
Consider the appeal of the Planning Commission approval of Application M-
2002-06, regarding modification of a use permit (24-U-88) to locate a children's
playground at the front of the property and extend the hours of operation for the
YMCA of Santa Clara Valley at 20803 Alves Drive (APN 326-32-039). Janice S.
Burriesci filed the appeal.
RECOMMENDATION:
The City Council's options are:
1. Deny the appeal and uphold the Planning Commission's decision with the
condition suggested by staff, or
2. Uphold the appeal and deny or modify the Planning Commission's
decision.
BACKGROUND:
On August 9, 1999, the Planning Commission approved a modification to the use
permit (7-U-99M) for a 9,831 square foot addition of an indoor swimming pool
and aerobic studio. As a result of the new pool building, the old play structure
was demolished. According to the applicant, members and childcare
participants of the YMCA have been without a play structure since February of
2000. On October 14, 2002, the Planning Commission considered the YMCA's
request (M-2002-06) to construct a new children's playground at the front of their
property and also to extend their hours of operation. At the meeting, some
neighbors expressed concerns about the noise disturbances from the existing
pool structure, air conditioning system and late night/early morning outdoor
vehicles and sports activities around the paved basketball area immediately west
of the pool building and in the parking lot.
The Commission considered the issues raised by the neighbors and found that
the proposed hours of operation to be consistent with other YMCAs in the area
and that the noise disturbances could be alleviated by appropriate mitigation
M-2002-06 City of Cupertino December 2, 2002
Page 2
measures described below. The Commission approved the application with the
staff recommended conditions.
DISCUSSION:
Appellant:
Mrs. Janice Burriesci, residing at 20900 Alves Drive, is appealing the approval
based on the following reasons (see attached appeal form):
· Aesthetics in the neighborhood
· Disturbance - noise
· Safety
· Traffic
Mrs. Burriesci did not provide staff with detailed explanations of her concerns.
Staff:
Aesthetics:
The proposed playground/structure area is approximately 360 square feet and is
located in front of the YMCA at the corner of the parking lot entrance. It will be
set back 35 feet from the front property line and approximately 105 feet from the
adjacent residential uses across the parking lot to the west. A 6-foot high
wrought iron fence will enclose the entire playground area. In addition, new
screening trees are proposed around the perimeter of the play area to screen
views from the public street (Alves Drive) and the residential duplexes to the
west.
Staff is supportive of the location and the design of the proposed play area since
ample setbacks and sufficient landscape screenings are provided.
Disturbance - noise:
The proposed playground will be bounded by the YMCA building on the north
and the east sides. Office buildings are located immediately across the street,
south of the play area. Residential duplex uses are located approximately 105
feet to the west of the play area, buffered by an existing parking lot. Therefore,
the noise impact from the playground should be minimal.
As part of this approval, new conditions are in place that will further alleviate
noise disturbances from outdoor activities. These conditions are:
M-2002-06 City of Cupertino December 2, 2002
Page 3
All outdoor activities shall be limited to the hours of 9 a.m. - 30 minutes
after sunset, unless a special event permit is obtained from the Planning
Department. Outdoor activities shall include but not be limited to
outdoor recreational activities and gatherings, including all activities in
the new playground as part of this application.
A quiet zone sign shall be erected near the entrance of the parking area
informing members and visitors that no honking of vehicle horns and
loud music are allowed in the parking lot.
The rear access door on the north elevation of the pool building shall be
closed at all times to prevent the noises from the indoor pool activities to
travel to the residential uses immediately north of the project site.
A security fence and gates shall be erected at the entry points of the
YMCA and around the basketball area to prevent intruders &om using the
parking lot or the basketball courts after hours. The security fencing and
gates shall include a 6-foot high wrought iron fence around the west
perimeter of the basketball/volleyball courts should the noise continue to
be a problem after a period of 60 days. In addition, a 6-foot wrought iron
fence shall be installed at the entrance of the driveway along the easterly
property line (setback approximately 100 feet from the front property
line). Also, in order to avoid appearing as a gated community, either a 3-
foot tall Iow fence with gates or a chain barrier on metal poles shall be
installed at the entrance of the parking lot (setback approximately 95 feet
from the front property line) and a do not enter sign shall be installed at
the exit of the parking lot. The gate or chain barrier shall be extended
across to the exit of the parking lot should the entrance gate/chain prove
to be insufficient after a period of 60 days. In addition, a gate shall be
installed at the northwest corner of the site (along the westerly property
line) that would prevent the public from entering into the property after
hours from the end of a cul-del-sac on Elenda Drive. This gate shall be
open during normal business hours. A fencing plan shall be submitted to
the Planning Department and Fire Department for review and approval
prior to the issuance of any building permits.
According to the applicant, the new playground will serve a maximum of 30
youths supervised at a ratio of I adult to 15 children. The area will be fenced
and locked when staff is not present. Staff is not aware of any other safety issue
associated with the proposed playground, although the appellant raised traffic
safety issues at the Planning Commission hearing.
19-3
M-2002-06 City of Cupertino December 2, 2002
]?age 4
Traffic:
The proposed playground is not expected to generate any additional traffic trips
or parking demands, as it does not intensify the existing use of the recreational
facility. According to the applicant, the play area will serve existing members
and programs and will not be expected to generate additional memberships or
new programs.
Currently there is a traffic reducing "pork chop" island located at the west
terminus of Alves Drive (at the intersection of Stelling Road). It prohibits traffic
from exiting onto Stelling Road from Alves Road, but does allow traffic to enter
onto Alves Drive from Stelling Road.
Letter of Concern:
Staff received an email letter from Mr. Nicholas Skordilis, residing at 1186
Starling Ridge Ct, San Jose, on November 19, 2002. Mr. Skordilis is concerned
with the noise generated by the mechanical equipments of the existing pool
structure located at the northeast corner of the site. Since then, the YMCA has
hired Environmental Consulting Services to prepare a noise analysis report to
determine the compliance of noise levels along the residential property lines at
the northeast corner of the site. Since the investigation is still ongoing, staff
recommends that the Council add a condition to the permit to ensure that YMCA
complies with the maximum noise standards of the Municipal Code Section
10.48.040 (Daytime and nighttime maximum noise levels).
Prepared by: Gary Chao, Assistant Planner
Submit b
Director of Community Development
Approved by:
David W. Knapp
City Manager
Enclosures:
Planning Commission Staff Report and enclosures, October 14, 2002
Draft Minutes of Planning Commission Meeting, September 23, 2002
Appellant material, Janice Burriesci, October 22, 2002
Letter of Concern, Nicholas Skordilis, November 19, 2002
G:\plarmmg\PDREPORT\ CC\ M-2002-06 CC. rtf
HCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: M-2002-06 Agenda Date: October 14, 2002
Applicant (s): City of Cupertino
Property Location: 20803 Alves Drive (APN#: 326-32-039)
RECOMMENDATION
Staff recommends that the Planning Commission recommend:
Approval of M-2002-06, in accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Project Consistency with:
General Plan:
Zoning:
Environmental Assessment:
Quasi-Public/Institutional
BQ (Quasi-Public Building)
Yes.
Yes.
Exempt.
Application Summary:
Modification of an approved use permit (24-U-88) to locate a children's playground at
the front of the property and extend the hours of operation.
BACKGROUND
On September 19,1988, the City Council approved a master plan (24-U-88) that allowed
the YMCA to expand its facility in phases. On August 9, 1999, the Planning
Commission approved a modification to the use permit (7-U-99M) for a 9,831 square
foot addition of an indoor swimming pool and aerobic studio. As a result of the new
pool building, the old play structure was demolished. According to the applicant,
members and childcare participants of the YMCA have been without a play structure
since February of 2000. The YMCA is now requesting approval to construct a new
playground located at the front of the property. YMCA is also requesting to extend
their hours of operation.
DISCUSSION
Project Site
The proposed playground/structure area is approximately 360 square feet and is
located in front of the YMCA at the corner of the parking lot entrance. It will be set
back 35 feet from the front property line and approximately 105 feet from the adjacent
residential uses across the parking lot to the west. The proposed playground will be
M-2002-06
Page 2
City of Cupertino
October 14, 2002
bounded by the YMCA building on the north and the east sides. Office buildings are
located immediately across the street, to the south of the play area.
Playground
According to the applicant, the new Playground will serve a maximum of 30 youths
supervised at a ratio of 1 adult to 15 children. It will serve existing members and
programs and will not be expected to generate additional memberships or new
programs. The area will be fenced and locked when staff is not present. The proposed
main play structure will consist of three decks, two covered with roofs approximately
12 feet in height. Various climbing and exercise apparatus are proposed on each section
of the play structure. The proposed playground will also include a smaller toddler
play structure with slides and climbing apparatus and a gazebo with tables. A 6-foot
high steel fence will enclose the entire playground area.
Landscaping
A row of 15-gallon Photina Frageri will be planted along the south perimeter fence of
the play area to provide screening from the public street. Staff recommends that a row
of Photina Frageri be also planted along the west perimeter fence to provide some
landscaping buffer between the playground fence and the pedestrian walk. As part of
this application, the applicant is also proposing to enhance the landscaping along the
entry to the parking lot and also the entry to the alley drive east of the site.
Hours of Operation
According to the approved conditional use permit, 24-U-88, the YMCA was permitted
to operate from 7 a.m. - 11 p.m. However, it has come to staff's attention that the
YMCA has been operating outside of this allowable time period. Therefore, the YMCA
is requesting an extension of their hours of operation to the following hours:
Monday - Friday 5:30 a.m. to 10:00 p.m.
Saturday & Sunday 7:00 a.m. to 8:00 p.m.
A survey of other nearby YMCAs indicates that the proposed opening hours are similar
to other YMCAs in the area, with the exception of YMCA Palo Alto, which is open
Monday - Friday from 6:30 a.m., Saturday from 7:00 a.m. and Sunday from 9:00 a.m.
Staff supports the proposed hours of operation, since most of the nearby YMCAs with
similar residential interfaces are open 5:30 a.m. on weekdays and 7:00 a.m. on Saturdays
(with some variations on the opening time on Sundays). However, staff recommends
restricting outdoor activities until 9 a.m. as discussed below.
M-2002-06
Page 3
City of Cupertino
October 14, 2002
In the event there are complaints relating to the Monday - Friday hours of operation,
the Planning Commission shall hold a public hearing and may adjust the hours of
operation or may require other operational controls to reduce the nuisance.
Neighborhood Concerns
Staff has received several complaints from adjacent neighbors with regard to the noise
disturbances from the YMCA's existing operations. A few neighbors located
immediately north of the YMCA expressed concerns about the noise from the pool
building, air conditioning system and late night/early hour outdoor vehicle and sports
activities around the paved basketball area immediately west of the pool building and
in the parking lot.
Staff coordinated a small neighborhood meeting with some of the concerned neighbors
and representatives of the YMCA on August 5, 2002 at the YMCA facility to further
understand the neighborhood concerns. At the meeting, the neighbors again reiterated
their concerns about to the noises from the pool building and from the outdoor
activities.
In respond to the neighbors complaints about the noise generated from the air
conditioning and ventilation system of the pool building, the YMCA has relocated all of
the east facing vents to the west elevation of the building (parking lot side). In addition,
the YMCA will be constructing a wall extension on the top of the pool building to
further alleviate any noise of the HVAC unit on the rooftop.
Although there are some inherent impacts associated with living next to a public
recreational facility such as the YMCA, staff feels that there are some mitigation
measures that would help alleviate the noise and outdoor activity problems. Staff
recommends the following conditions be implemented as part of this application to
alleviate the neighbors concerns:
Fencing: Most of the disturbances that occur in the parking lot and the basketball area
occur early in the morning or after hours and are not caused by the YMCA sponsored
activities. Staff recommends that additional security fencing and gates be erected at the
entry points of the property and around the basketball court area to prevent intruders
from using the parking lot or the basketball courts after hours.
The security fencing and gates shah include a 6-foot high fence around ~he west
perimeter of the basketball/volleyball courts and near the entrance of the driveway
along the easterly property line (setback approximately 100 feet from the front property
line). Also, in order to avoid appearing as a gated community, either a 3-foot tail low
fence with gates or a chain barrier on metal poles shall be installed at the entrance of the
parking lot (setback approximately 95 feet from the front property line). In addition, a
iq--]
M-2002-06
Page 4
City of Cupertino
October 14, 2002
gate shall be installed at the northwest corner of the site (along the westerly property
line) that would prevent the public from entering into the property after hours from the
end of a cul-del-sac on Elenda Drive. This gate shall be open during normal business
hours. A fencing plan shall be submitted to the Planning Department and Fire
Department for review and approval Prior to the issuance of any building permits.
Outdoor Activi~ Hours: All outdoor activities shall be limited to the hours of 9 a.m. - 6
p.m. unless a special event permit is obtained from the Planning Department. Outdoor
activities shall include but not limited to outdoor recreational activities and gatherings.
Including activities in the new playground.
Ouiet Zone Sign: A quiet zone sign shall be erected near the entrance of the parking area
informing members and visitors that no honking of vehicle horns and loud music are
allowed in the parking lot. The final design of the sign shall be reviewed and approved
by the Planning Department prior to issuance of any building permits.
Swimming Pool Rear Access Door: The rear access door on the north elevation of the pool
building shall be closed at all times to prevent the noises from the indoor pool activities
to travel to the residential uses immediately north of the project site.
Traffic and Parking Analysis
The proposed playground is not expected to generate any additional traffic trips or
parking demands, as it doesn't intensify the existing use of the recreational facility.
Submitted by: Gary Chao, Assistant Planner
Approved by: Steve Piasecki, Director of Community Developmen~..__
ENCLOSURES
Model Resolution for M-2002-06
Letters from YMCA
Letter from Concerned Neighbors
Plan set
-- M-2002-06
CItY OF CUPERTINO
10300 Torte Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF AN APPROVED USE
PERMIT (24-U-88) TO LOCATE A CHILDREN'S PLAYGROUND AT THE FRONT OF
THE PROPERTY AND EXTEND THE HOURS OF OPERATION
SECTION I: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a mariner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based are contained in the public hearing record concerning Application
No. M-2002-06, as set forth in the Minutes of the Planning Commission Meeting of
October 14, 2002, and are incorporated by reference as though fully set forth herein.
19-9
Model Resolution No.
Page 2
M-2002-06
October I0, 2002
SECTION II: PROIECT DESCRIPTION
Application No(s): M-2002-05
Applicant: Northwest YMCA of Santa Clara Valley
Location: 20803 Alves Drive.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Plan Check
Submittal Playground, Northwest YMCA, 20803 Alves Drive, Cupertino,
California 95014, consisting of eight sheets dated January 5, 2000, except as may be
amended by the conditions contained in this resolution.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may 'protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
HOURS OF OPERATION
The approved hours of operation for the YMCA are as follows:
Monday - Friday 5:30 a.m. to 10:00 p.m.
Saturday & Sunday 7:00 a.m. to 8:00 p.m.
In the event there are complaints relating to the Monday - Friday hours of
operation, the Planning Commission shall hold a public hearing may adjust the
hours of operation or may require other operational controls to reduce the
nuisance.
OUTDOOR ACTIVITY HOURS
All outdoor activities shall be limited to the hours of 9 a.m. - 6 p.m. unless a special
event permit is obtained from the Planning Department. Outdoor activities shall
19-10
Model Resolution No. M-2002-06
Page 3
October 10, 2002
include but not limited to outdoor recreational activities and gatherings. Including
activities in the new playground.
LANDSCAPING
A revised landscaping plan mus~ be submitted and approved by the Planning
Departutent prior to issuance of any building permits. The landscaping plan must
indicate a row of 15-gallon Photina Frageri along the west perimeter fence of the
playground providing additional landscaping buffer and screening from the
pedestrian walk enhancements.
SECURITY FENCE/GATE
A security fence and gates shall be erected at the entry points of the YMCA and
around the basketball area to prevent intruders from using the parking lot or the
basketball courts after hours. The security fencing and gates shall include a 6-foot
high fence around the west perimeter of the basketball/volleyball courts and near
the entrance of the driveway along the easterly property line (setback
approximately 100 feet from the front property line). Also, in order to avoid
appearing as a gated community, either a 3-foot tall Iow fence with gates or a chain
barrier on metal poles shall be installed at the entrance of the parking lot (setback
approximately 95 feet from the front property line). In addition, a gate shall be
installed at the northwest corner of the site (along the westerly property line) that
would prevent the public from entering into the property after hours from the end
of a cul-del-sac on Elenda Drive. This gate shall be open during normal business
hours. A fencing plan shall be submitted to the Planning Department and Fire
Department for review and approval prior to the issuance of any building permits.
o
OUIET ZONE SIGN
A quiet zone sign shall be erected near the entrance of the parking area informing
members and visitors that no honking of vehicle horns and loud music are allowed
in the parking lot.
SWIMMING POOL REAR ACCESS DOOR
The rear access door on the north elevation of the pool building shall be closed at
all times to prevent the noises from the indoor pool activities to travel to the
residential uses immediately north of the project site.
PASSED AND ADOPTED this 14th day of October 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
/9-11
Model Resolution No.
Page 4
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
M-2002-06
APPROVED:
October 10, 2002
Steve Piasecki
Director of Community Development
C:\ WlNNT\ Profiles\ garyc\Desktop\ M-2002-06res.doc
Charles Corr, Chairperson
Planning Commission
/9-1gk
YMCA
· We build strong kids,
~trong families, strong communities,
NORTH%VEST YMCA
HOURS OF OPERATION
Background
The Northwest YMCA of Santa Clara Valley has served the communities of Cupertino,
Sunnyvale and surrounding communities since 1964.
Supported By
Currently, the Northwest YMCA has a membership base of over 3200 member units.
Approximately 51% of our members reside in the city of Cupertino. 57% of our member
units are family members. Over 2400 adults belong to the Northwest YMCA. A YMCA
of Santa Clara Valley member who joins one YMCA, belongs and has access to all 6
YMCA's in our association.
Hours of Operation
The Northwest YMCA provides programs and services to its members and participants
Monday-Friday 5:30 am to 10:00 pm
Saturday & Sunday 7:00 am to 8:00 pm
Programs and Facilities
Members have access to our Strength Training Center and Group Exercise Classes
beginning at 5:30 am. Our Indoor Pool opens at 6:00 am during the week and closes at
9:30 pm. Saturdays the Indoor Pool opens at 7:00 am and on Sundays it opens at 7:30
am. Childwatch (Babysitting services) begin at 8:00am and end at 9:00pm Monday-
Friday, serving over 700 families per month.
_.~_-.1
Northwest YMCA · 20803 Alves Drive · Cupertino, CA 95014
408.257.7160° Fax: 408.257.6948
September 19, 2002
Gm-y Chao
City of Cupertino
· Planning Department
Gary
Below you will 'find the information you requested about area YMCA's.
Southwest YMCA in Saratoga
Sqfi: 29,000
Hours: 5:30am-10:00pm
East Valley YMCA in San Jose
Sqft: 39,092
Hours: 5:30am-10:00pm
Central YMCA in San Jose
Sqft: 50,000
Hours: 5:30 am- 10:00pm
Palo Alto YMCA in Palo Alto
Hours: 6:30am-9:45pm
Redwood City YMCA in Redwood City
Hours: 5:30am-10:00pm
I was not able to find the square footage of the Redwood City and Palo Alto Y's, but they
are large facilities.
Regards
Craig M. Cesco
R[ O. EIVED
SEP 2'5 ?nr]2
· We build strong kids,
strong families, strong communities.
PLAYGROUND 2002
LETTER OF DESCRIPTION
Background
The playground/play structure as presented is an upgrade to a previously constructed play
structure that existed on the east side of the facility prior to facility renovations completed
in February of 2001. As a result of the new construction the old play structure was torn
down. Members and childcare participants have been without a play structure since
February 2000.
Supported By
The Northwest YMCA Service Club has contributed over 70% of the funds necessary for
this project. In addition, through the years their contributions in funds and countless
volunteer labor hours have been provided to support, maintain and improve the property
and services of the Northwest YMCA since 1962. Currently, the Northwest YMCA has a
membership base of over 3200 member units. Approximately 51% of our members
reside in the city of Cupertino. 57% of our member units are family members. Our
Childwatch Services (Babysitting) serves over 700 families per month.
Proposed Use
YMCA members and participants ages 2-12 will have a safe, supervised, outdoor space
in which to be cared for. Children will be supervised at ail times and will be programmed
for the space according to demand during the days of operation. This space will be
fenced and locked when staffis not present.
Maximum Capacity
25 - 30 youth supervised by a ratio of 1 adult to 15 children.
Proposed Hours of Use
It is proposed that the structure will be available for our members Monday- Sunday 8:00
am - 6:00 pm. All times will be subject to staff supervision. Weather and daylight will
determine usability of the space.
Impact on Enrollment
It is not anticipated that this structure will increase our e~ollment of new members or
programs.
RF'.~C..F_~IVED
SEP ~'5 POt32
Northwest YMCA * ~0805 Alves Drive * Cupertino, CA 95014
408.257.7160- Fax: 408.257.6948
We build strong kids,
strong families, strong communities.
NorthweSt YMCA
Respecting our Neighbors
Date: September 24, 2002
To: Northwest YMCA Members and Staff
From: Cheryl Vargas, Executive Director
Bill McCarty, Volunteer Board Chair
Your help is needed. In an effort to respect our neighbors adjacent to our
YMCA property the following requests are being made.
a. Please drive slowly (5mph) while in the parking lot.
b. Driving slowly not only reduces noise but increases the safety of our
children.
c. Reduce the volume of your car audio system upon entering the
property.
d. Avoid activating your car alarm or lock system using your remote
e. Using your key will reduce the "beep noise" that occurs when using
your remote.
f. Avoid honking your horn to get the attention of those you are
picking up.
g. Please help to maintain a peaceful environment by reporting any
disruptive behaviors immediately to a YMCA staff person.
Thank you for your cooperation and support in Res£ecting our Neighbors.
SEP 2'b ?nn?
Northwest YMCA · 20803 Alves Drive · Cupertino, CA 95014
408.257.7160' Fax: 408.257.6948
July 29, 2002
Mr. Frank R. Petteway
Attorney at Law
540 Bird Avenue, Suite 200
San Jose, California 95125
Re: Letter dated June 19, 2002
Dear Mr. Petteway;
Upon receipt of your letter dated June 19, 2002, I was disappointed that Mr. Hayes did
not contact me initially. He did later leave a message and indicated he would call back,
he did not leave his number for me to call him. Mr. Hayes and I spoke only by telephone
briefly last July 2001, after he communicated his concerns regarding the operation of our
summer Skate Camp program. I had just arrived on the job at the Northwest YMCA as
the Executive Director. I had offered to come to his home and discuss the concerns at the
time, but never heard back from him.
After reading the letter dated June 19, 2002, I was not aware of the mentioned
"activities" that had been occurring. The mention of activities occurring after 9:00pm
was a surprise to me. I believe that these are not YMCA endorsed activities.
In looking into the situation further we will continue to maintain our YMCA
programming within reasonable hours of operation. Currently, the asphalt area is used
mainly for our youth programming. The basketball hoops are also available for members
to use when we are not running a scheduled program. On occasion an evening event
takes place for our members or staff. Scheduled programs have been held 9:00am to
3:00pm on Saturdays, with some weekday evening youth "team" practices when weather
and daylight permit.
As you know, we have taken some steps in the past to accommodate the needs of our
neighbors. In the summer of 2001 we were asked to cease the operation of our Skate
Camp due to the noise that was being created between the hours of 10am and 4pm. The
result of transporting our youth throughout the county to fred alternative safe skate
environments was costly and jeopardized the quality of our program.
Additional steps we have taken to help establish "good neighbor" relations have included
the following:
· The relocation of two exhaust fans located on the southeast side of the
pool building. This was as a cost of approximately $23,000 in the month
of May 2002.
· As previously mentioned, we relocated our summer 2001 Skate Camp
Program,
19-1-1
As of Monday, July 22. 2002 a building permit was submitted to create
sound wall barrier mound the existing HVAC unit. Estimated time of
completion as quoted by the City of Cupertino is 4 weeks.
Presently, in an effort to deter any "tmwanted" activities on the property during non
scheduled times; we are looking at making the following improvements:
Installing a padlocked chain link gate at either entrance of the asphalt
areas, to keep unauthorized cars from entering the area. We have noted
however that the perimeter of the property must remain accessible for
emergency vehicles. Specific restrictions set by the Fire Department will
determine the feasibility of this project.
· Replacing basketball backboards with removable hoops is also being
assessed, to deter basketball activities "after hours".
· Continuing to offer programming within reasonable hours of operation
and monitoring of activity on the property.
It is our intention to remain good neighbors while continuing to provide quality services
and programs that support the needs of the community. The suggestion to build a sound
wall is interesting. We do hope that the above mentioned efforts will provide for an
improved situation.
Please give me a call to set up a time to get together. My direct line is 408-351-2413.
Sincerely,
Cheryl Vargas
Executive Director
Cc: Gary Chao
Deane Shokes
LAW OFFICES OF
Ft~kNK 1~. I~-TT~-WJkY
540 Bird Avenue, Suite 200
Scm Jose. C~iiornia 95125
(408) 295-4201
June 26, 2002
Gary Chou
Code Enforcement
City of Cupertino, City Hall
10300 Torre Avenue
Cupertino, CA 95014
Re: YMCA-Cupertino
Dear Mr. Gary Chou
Our office represents Mr. Bart Hayes, who lives at 20790 Garden Gate,
Cupertino, which is directly behind the Cupertino YMCA.
The YMCA has been there for many years. The last few years they have
been adding to the original building. With each addition the building is
closer and closer to the property line. The out door activities bring the
action and the noise accompanied with it fight to the property.
The most recent addition, the swimming pool building, has created a loud
echo emphasizing the loudness of the action therein, including but not
limited to the noise from swimming, running, football, basketball, roller
hockey, volley ball, large groups and gathering with their partying and
music, and car noise. Additionally, said participants, or their supervisors,
have in the past climbed Mr. Hayes' fence to retrieve their balls, etc.
Furthermore, the YMCA closes at 10:00PM, which is a nuisance in itself;
the air conditioning unit runs 24 hours a day causing additional noise
during normal sleeping hours,
The purpose of this letter is to bring this nuisance to your attention with the
hope that something can be done in an amicable fashion .to mitigate the
noise which is causing discomfort to me and to the other neighbors.
Perhaps the YMCA could build a sound blocking wall between us and the
noise, and limit the activities to 9:00PM or some other equitable relief.
Please check into this matter and advise as to what can be done.
Please check into this matter and advise as to what can be done.
Yours tml~.
r R. Petteway -~-- o---~- - -
Attorney at Law
cc: Client
CC:
YMCA
N.W.YMCA
20803 Alves Drive
Cupertino, CA 95014
October 3, 2002
Mr. Gary Chou
Code Enforcement
City of Cupertino, City Hall
1030D Torre Avenue
Cupertino, CA. 95014
Re: YMCA - Cupertino
Public Hearing, October 14, 2002
~M-2002-06, APN 326 32-039
Dear Mr. Chou,
The date change, September 9th to October 14,for the
Public Hearing of the Cupertino YMCA is a misfortune for Bart
Hayes and myself. We have been planning a vacation trip, out
of town, for the past six months and will be unable to attend
the hearing. Our vacation is from October 11 to October 19.
I refer you back to the letter from our Attorney, Frank R.
Petteway, dated June 19,'.2002. We are still being harassed by
the noise of the Air Conditioning, swimming pool, basketball,
groups with their partying, music and car noise. The nuisance
of all the noise is unbearable.
I respectfully demand the. City to force the YMCA to op~'~ate
their facility within the Law and their agreement with the
City of Cupertino.
Yours truly,
Hayes
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
777-3308
DRAFT
DRAFT SUBMITTED
MINUTES OF. TIlE REGULAR MEETING OF THE
PLANNING COMMISSION ItELD ON OCTOBER 14, 2002
SALUTE TO TglE. FLAG
ROLL CALL
Commissioners present:
Staff present:
Auerbach, Chen, Saadati, Wong, Chairperson Corr
Steve Piasecki, Community Development Director; Ciddy Wordell, City
Planner; Peter Gilli, Associate Planner; Aarti Shrlvastava, Senior
Planner; Gary Chao, Assistant Planner; Eileen Murray, Assistant City
Attorney
APPROVAL OF MINUTES: None
WRITTEN CO1V[MUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
None
ORAL COM3IUNICATIONS: Ms. Jody Hansen, CEO, Cupertino Chamber of Commerce
presented a letter regarding the General Plan update. She read the contents of the letter into the
record, Which focused on the Chamber of Commerce's concern regarding the proposal to remove
traffic lanes from Stevens Creek Boulevard relative to the downtown village concept.
CONSENT CALENDAR: None
PUBLIC 1TF,,ARING
Application No.:
Applicant:
Location:
M-2002-06
YMCA of Santa Clara County
20803 Alves Drive
Modification of a use permit (24-U-88) to locate a children's playground at the front of the
property and extend the hours of operation.
Planning Commission decision.final unless appealed
Com. Saadati noted for the record that he served as a volunteer Board member with the Northwest
YMCA, and the assistant attorney ruled that no conflict of interest exists.
Staff presentation: The video presentation reviewed the application for a modification of an
approved use permit to locate a children's playground in front of the YMCA property and also
extend the hours of operation. Currently the facility is operating outside of the approved hours.
Staff recommends approval of the application. The decision of the Planning Commission will be
final unless appealed within 14 calendar days.
Plarlnjrlg,~omm. j~i?~Minutes 2 October 14, 2002
Mr. Ga~ Chao, Assistant Planner, reviewed the application and illustrated the location of the
proposed playground. He reviewed,the recommended mitigation measures outlined in the staff
report to address the neighborhood concerns about the noise from the pool building and from the
outdoor activities, including fencing, operating hours for outdoor activities, installation of a quiet
zone sign near the entrance to the parking area, and swim pool rear access door. Staff
recommends approval of the applicationln accordance with the model resolution.
Mr. Chao answered commissioners' questions relative to the applicatiou and the proposed
niitigation measures.
Ms. Cheryl Vargas, Executive Director of the Northwest YMCA; provided a history of the
Cupertino facility. She addressed the areas of concern relative to location of the playground,
hours of operation, noise impacts, and outdoor activities. She said that the facility has 3200 unit
memberships; that the location of the play structure was in the front area to alleviate the
neighbors' concern about being, located right up to an immediate residence; said they have been
opening at 5:30 a.m. for 10 to 15 years and have received minimal complaints about the early
morning hours. She said the after hours activities is a trespassing issue and they would do their
best to alleviate and eliminate any of that activity and were hopeful they could work it out t'rom
the community standpoint. She explained the HVAC operating system in the aquatic center;
supervision of the playground area, and attempts to eliminate unwanted public' activity on the
property after hours. Ms. Vargas answered commissioners' question about operation of the
facilities.
Chair Corr opened the meeting for public input.
Mr. Dick Gasperini, owner of a duplex located west of the YMCA facility, expressed concern
about the increased activity, noise and traffic from the facility. He said the adult and youth
activities combined with the attempt to put in a new children's playground drew the line on the
density and use of the facility. He said it is unfortunate that the facility is surrounded by
residences, but consideration should also be given to the community. He said he was opposed to
any further development of the facility.
Ms. Janice Burriesci, 20900 Alves Dr., said she was not invited to'the August 5~h neighborhood
meeting concerning problems with the YMCA. She described the facility as an attractive nuisance
surrounded by a 6 foot high fence, and said public funds were being utilized to address trespassing
problems on a private park. She discussed her concerns about the excessive speed of motorists on
Alves Avenue, in spite of the speed bump and noted that there have been 2 pedestrian deaths on
the street. She said the traffic on the street was very heavy and said people made illegal turns
onto the street. Ms. Burriesci said the neighbors were opposed to having the playground out t'ront
and suggested that the children be housed indoors while their parents used the facilities. She also
suggested that the YMCA have their own security personnel before they consider expanding the
size of the facility and extend their hours of operation.
Chair Corr closed the public hearing.
Com. Auerbach said that he did not have any issues with the proposal, and suggested the hours of
operation be regulated similar to Mid Peninsula Open Space, 30 minutes after sunset or similar.
He suggested giving more options to seeing how removal of the basketball rims works before a
fence is required; and if not successful, require a wrought iron fence to match the child care area
in the front. He also suggested a one way path with a chain across half of the drive (entrance
Planning Commission Minutes 3 October 14, 2002
only), With a "Do Not Enter" sign on the exit, which could be accomplished without any change to
the language. Mr. Piasecki suggested that it be written into the conditions that a chain could be
installed across the exit if needed.
Com. Chen said she was not opposed to the proposal, including the extension of the operating
hours for the Outdoor activities. She-questioned if the city could offer more traffic calming
measures to address the neighbors' concerns.
Com. Saadati said he supported the addition to the facility and the extension of the operating
hours.
Com. Wong said he supported the proposal for the playground and extended hours of operation.
He said he felt the landscaping would help screen the playground from the street, and the
mitigation staff suggested would help reduce the noise from the back area. He agreed with the
suggestion about the chain link across the entryway, and if necessary, to extend it to the exit side.
Chair Corr said he supported the addition of the playground. He said he felt fencing off both the
entry and exit sides would work better than fencing offonly one side. He suggested that the' hours
of operation state until sunset rather than 6 p.m.
MOTION:
Com. Auerbach moved to approve Application No. M-2002-06 with the change to
/t6 to read: "The security fencing and gate shall include a 6 foot high wrought
iron fence around the west perimeter should noise continue to be a problem after a
period of 60 days" and with a further change to that same paragraph ... "shall be
installed at the entrance of the parking lot set back 95 feet" and to add to that
sentence ... "and also add a Do Not Enter sign on the exit and that the gate or
chain shall be extended across the exit should the entrance gate prove insufficient
after a period of 60 days" and Item 3: "Outdoor activity hours shall be limited to
the hours of 9 a.m. and30 minutes after sunset."
Mr. Piasecki suggested wording in Item 3, in the event complaints relating to the Monday to
Friday hours .... should add the words "and may adjust the hours of operation or require other
operational controls to reduce or eliminate the nuisance."
Com. Auerbach accepted the change.
Com. Wong reiterated that if problems still exist, the neighbors contact the city so that within 60
days the locked fence will be installed.
SECOND: Com. Saadati
VOTE: Passed 5-0-0
Avg.~;eation No.:
Applicant:
Location:
TM-2002-03, EA-2002-16
Dick Childress
1069V $. Ct~l~int? Road
Tentative map to subdivide an approximately 33,000 square foot parcel h,to th~o parcels ranging
from 9,040 to 9,800 square feet. Interpretation that the front yard for Lot 3 is located at the ~
property line
1. Application No.
2. Applicant(s):
3. Appellant(s):
name, address,
phone number
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
APPEAL
C/1F OF CUPERiTN0
4. Decision of Director of Community Development
¢/~ecision of Planning Commission '
(please check one)
5. Date of detemaination of Director or mailing of notice of City decision:
Basis of appeal:
?
Please complete form, include appeal fee of $ l~ 0 and return to the attention of the
City Clerk
appcals/appek rorml.doc .4 ~ C~...~ ~..~ ~
Gary Chao
From:
Sent:
To:
Subject:
Ikaros Dedalos [dedalos_ikaros@hotmail.com]
Tuesday, November 19, 2002 11:49 AM
garyc@cupertino.org
Application No M-2002-06, APN 326-32-039
Nicholas Skordilis
1186 Starling Ridge Ct
San Jose, Ca, 95120
(Tel) (408) 268-0812 (h)
November 19, 2002
Gary Chao
Assistant Planner
City of Cupertino
10300 Torte Ave
Cupertino , CA, 95014
Dear Mr. Chao,
This letter is a complaint and concern of the Decision of the Planning
Commission on Application No M-2002-06 APN 326-32-039.
As I understand YMCA's use permit allows operating hours from 7am-llpm.
The proposed operation is 5:30am - 10 pm on weekdays and 7am-8pm on
weekends.
As you are aware, during operating hours, YMCA generates 53.7dba of noise on
my property line on 10227 Beardon Dr(even after the erection of the wall
around the HVAC system- see report dated 11-13-2002 case number C-0200163 by
Alex Wykoff).
These measurements exceed City residential ordinance's nighttime limit of
50dBA from 7am to 9am and 6pm to 8 pm on weekends (5:30am to 7am and 8pm to
10pm on weekdays) by 3.7 dBA.
I am requesting the city to enforce the nighttime residential ordinance.
Sincerely
Nicholas Skordilis
Add photos to your e-mail with MSN 8. Get 2 months FREE*.
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NORTHWEST YMCA
: : 20803 ALVES DRIVE
· CUPERTINO, CALIFORNIA
OSITE PLAN
.PL&N CHECK RESUBMITTAL
NORTHWEST
YMCA
CUPERTINO, CA
SITE
PLAN
Al.1
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MIRACLE
Perimeter
6' HT Coated Steel
Fence
8' Width Sections
4" space 3/4" pickets
Parking
Lot
Sidewalk
I 15'~j
~ng Lot 6"~ ~
I NW YMCA
Sign
60'
58' Playground Fence
Shrubs
!
Angled Fence Section
llll: l;l:;l .I
NORTHWEST
YMCA
36' SETBACK
SIDEWALK
9' 6"
ALVES DRIVE ·
STREET
E-!
Rail to Post
attachment
(all tells) Close
/ Fit inside
Post ~ail Rail
tD~SCrew - Rail Pin
, Screw
Adapter
Mount
Perimeter Fence: (lineal 250 feet)
Merchants Metals
Pre-Galvanized Steel Consturction, Durable Polyester Powder Coat Finish
10 year limited warrenty against corrosion
93.25" welded fence section
Rail Pickets Space Post
Cap 1.75" SQ 3/4" SQ 4" 2" SQ
Boarder Retainer 15"
Fence
Post
~ / 1.75" Redwood
~ ~ 12"
12"
6'/
72"
Emergency/Access Gate Detail
Post Post
2.5"SQ~ . 48" . /2.5"SQ
Post
2"SQ
Access Emergency
Prevention Release Bar
Screen * ~ ~ =
ii
24" 24"
Outside
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Prevention Release Bar
Screens
Lock/
Latch
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PLANTING AND IRRIGATION NOTE8
I QTY
19
10
1
5
10
PLANTING LEDGEND
i SIZE INAME
15 Gal Photina Frageri
5 Gal Junipers
24" Pothocarpus Tree
5 Gal Orleander
1 Gal Juniper Ground Cover
2,400 sq ft Grass
NORTH WEST
YMCA
PLANTING PlAN
$-1
CITY OF
cupertino
Agenda Item No.&/
Summary
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development Department
Housing Services
Agenda Date: December 2, 2002
Application:
Applicant:
Property Owner:
Property Location:
APN#s:
U-2002-10
City of Cupertino
Cupertino City Center Owner's Association
South-east corner of the intersection of Stevens Creek and
De Anza Boulevards.
Lot 8, Tract 7953
Application Summary: Use Permit to construct "City Center Park."
RECOMMENDATION
On November 25, 2002, the Planning Commission recommended approval of:
1. The Use Permit application, file number U-2002-10, in accordance with the
model resolution.
The Planning Commission also had comments related to safety, parking, and
walkability, which are discussed further in this report. The City Council may
choose to add the comments to the conditions of approval for the project.
BACKGROUND
Project History
On May 20, 2002, the City Council approved the schematic design of the
sculpture, "Perspectives" by artist Roger Berry, upon recommendation of the
Fine Arts Commission.
At the end of June 2002, the City Council adopted the CIP budget, which
included $1.1 million for improvements to the Four Seasons Corner and on
September 16, 2002, the City Council authorized the City Manager to execute an
agreement with The Guzzardo Partnership for landscape design services and to
formally change the name of the project to City Center Park.
Printed on Recycled Paper
Applications: U-2002-10, City of Cupertino November 25, 2002
Page 2
DISCUSSION
Program Concepts and Design
The concept for the City Center Park draws upon the principles of the General
Plan and the Heart of the City Specific Plan that include establishing a landmark,
enhancing walk ability, enlivening the streetscape, and providing a gathering
place at the Crossroads intersection.
The City Center Park is designed to meet the following program concepts:
1. Announce the Crossroads intersection - The Park incorporates a water feature,
public art, trees, theme gardens, and lighting to highlight the intersection.
2. Accommodate City events - The Park allows a kiosk layout for art/craft
festivals, theme gardens to depict the history of the community, and a green
space for ballgames, picnics and other activities.
3. Complement adjacent land uses (Verona retail, Cypress Hotel) - The Park has a
sunken lawn for residents and office-goers, seating areas for residents,
customers of adjacent restaurants, or office-goers, an area for gatherings,
weddings, and outdoor events for the hotel and offices.
4. Incorporate public art - The public art feature is located east of the water
feature and will be lit at night for visibility.
5. Connect open spaces including Civic Center, Civic Park and the amphitheater site-
City Center Park has pedestrian connections from adjacent open spaces
including the amphitheater on southeast section of the City Center block,
Civic Center and Civic Park. The buildings on the site additionally
incorporate special event parking for public events.
The design of the park is discussed in detail in the Planning Commission staff
report dated November 25, 2002 (attached). The Planning Commission
concurred with the following staff recommendations regarding design:
1. The pedestrian-scaled light standards in City Center Park should be black
instead of the recommended teal green, to provide a link to the black-colored
light standards recommended in the Crossroads Area Streetscape Plan (area
along Stevens Creek Boulevard between Stelling Road and De Anza
Boulevard).
2. The pedestrian-lights should incorporate banner arms to announce events in
the Park.
3. Provisions should be made to locate a bus shelter (in cooperation with the
VTA) at the bus stop on the northern edge of the Park along Stevens Creek
Boulevard.
The above recommendations have been incorporated into the conditions of
approval.
Applications: U-2002-10, City of Cupertino
Page 3
November 25, 2002
Planning Commission and Parks and Recreation Commission Comments
The project was reviewed by the Parks and Recreation Commission on
November 7, 2002. The Parks and Recreation Commission was pleased with the
design and indicated unanimous support for the project.
On November 25, 2002, the Planning Commission recommended approval of the
project. The Commission also had the following comments and concerns:
1. The sunken lawn should be level with the pavement because it might be a
tripping hazard for the handicapped people.
2. On,going park maintenance could be an issue due to abuse by skateboarders
and roller-bladers.
3. Public parking should be properly designated with clear signage for people
attending events in the park
4. The lower banner arms should be located higher than 8 feet from the ground
to prevent abuse by people attempting to hang from it.
5. Program_ming of the park is very important to ensure optimal utilization.
6. Reduction of impervious surface and other means should be considered to
reduce impacts to the stormwater system.
7. Pedestrian safety at the intersection of Stevens Creek and De Anza
Boulevards should be considered. The curb radius at the southeast corner of
Stevens Creek and De Anza Boulevards should be reduced to prevent high
speed right turns by automobiles from creating hazards for pedestrians.
Location of crosswalks across Stevens Creek and De Anza Boulevards should
be reviewed to minimize pedestrian conflict with automobile turning
movements.
As noted above, the City Council may choose to add the above comments as
conditions of approval for the project.
Public Comments
One member of the public commented on the project at the Planning
Commission public hearing on November 25, 2002. He complimented the park
design but expressed concerns about parking, pedestrian safety and walkability
at the intersection of Stevens Creek and De Anza Boulevards, maintenance issues
due to skateboarders, and safety issues for the handicapped due to the sunken
lawn and decomposed granite surfaces. The comments have been discussed in
the Planning Commission comments provided above.
Connections
The City Council has directed staff to explore possibilities for providing
connections between City Center Park, the amphitheater on southeast section of
Applications: U-2002-10, City of Cupertino
Page 4
November 25, 2002
the City Center block, Civic Center and Civic Park. Staff intends to present a
plan and related recommendations in the first quarter of 2003.
of Community Development
APPROVED BY:
David W. Knapp, City Manager
Attachments
Planning Commission Resolution No. 6168
Planning Commission staff report dated November 25, 2002
Plan Set
G:~ PlanningNPDREPORT~ pcUserepor ts~ U-2002-10cc. DOC
U-2002-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6168
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT "CITY CENTER
PARK.'
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
APN#s:
U-2002-10
City of Cupertino
South-east corner of the intersection of Stevens Creek and De Anza
Boulevards
Lot 8, Tract 7953
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one
or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2002-08 is hereby recommended for approval;
and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application U-
2002-08, as set forth in the Minutes of the Planning Commission Meeting of November 25,
2002, and are incorporated by reference herein.
Resolution No. 6168
Page 2
U-2002-10
November 25, 2002
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
APPROVED EXHIBITS
Approval is based on plan set dated November 04, 2002, entitled "City Center Park",
and as amended by this resolution.
APPROVED USES
Approval is granted to conduct park and recreational activities as described in the PR
(Park and Recreation) zone, community activities, and special events, including but not
limited to, Farmer's Markets, festivals, and other community gatherings.
CIVIL SURVEY
A survey of the site shall be provided prior to building permit approval to indicate the
exact locations of the property and street curb lines.
LIGHTS
a. The pedestrian-scaled light standards shall be black instead of the recommended
teal green, to provide a link to the black light standards recommended in the
Crossroads Area Streetscape Plan (area along Stevens Creek Boulevard between
Stelling Road and De Anza Boulevard).
b. The pedestrian-lights shall incorporate banner arms to announce events in the
park.
BUS STOP
Provisions should be made to locate a bus shelter (in cooperation with the VTA) at
the bus stop on the northern edge of the Park along Stevens Creek Boulevard.
SIGNAGE
This project approval does not include signage. Signage for the City Center project will
be reviewed separately as part of a master sign program.
TRANSFORMERS AND EOUIPMENT
Electrical transformers, telephone vaults, backflow preventers and similar above
ground equipment enclosures in the sidewalk and park areas shall be undergrounded
or alternative locations shall be found. The abovementioned equipment in locations
other than the sidewalk and plaza areas shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from public street areas.
Said equipment locations shall be determined prior to issuance of building permits.
EMERGENCY RESPONSE ROUTE PLAN
Prior to building/grading permit issue, the applicant shall provide an updated
emergency response route plan to the Fire Department for review and approval. This
plan shall incorporate previously agreed upon pathways as part of the City Center
Resolution No. 6168
Page 3
U-2002-10
November 25, 2002
development of the Kimpton (Cypress) Hotel and Verona Apartment project. Through
circulation around the existing fountain with 20 feet minimum width, or aerial ladder
truck "set up areas" shall be shown.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
the amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this
90~day period complying with all of the requirements of Section 66020, you will be
legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10.
HANDICAP RAMP
Two (2) handicap ramps must be designed to accommodate the new intersection
design.
11.
FIRE LANE EASEMENT ACCESS
Construct a structurally sound access route, which can withstand fire truck traffic along
the fire lane easement.
12.
STORM DRAIN RUNOFF
Pre and post-development calculations indicate a surplus of runoff for the park site
from its current state. Prior to issuance of building/grading permits, the applicant shall
address the issue of runoff reduction, to the satisfaction of the Director of Public Works,
to lessen the impact on an already overburdened storm drain line (Stevens Creek
'Boulevard).
13.
EROSION CONTROL PLAN
A Registered Civil Engineer shall complete an Erosion Control Plan, approved by the
City. This plan should include all erosion control measures used to retain materials on-
site. Erosion Control notes shall be stated on the plans. All locations of these materials
need to be identified on the plans.
14.
STORM WATER DRAINAGE EASEMENT
If the storm water detention facility requires water to be directed to other sites, the
applicant may be required to execute an agreement with the owners of those sites.
Resolution No. 6168
Page 4
U-2002-10
November 25, 2002
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section W. Of
this resolution conform to generally accepted engineering practices
Ralph Quails, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 25th of November 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Auerbach, Chen, Saadati, Wong and Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
/ s/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/Charles Corr
Charles Corr, Chairperson
Cupertino Planning Commission
G: I Planning \ PDREPORT\ RES \ U-2002-10 res.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
APN#s:
U~2002-10 Agenda Date: November 25, 2002
City of Cupertino
Cupertino City Center Owner's Association
South-east corner of the intersection of Stevens Creek and
De Anza Boulevards.
Lot 8, Tract 7953
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of:
1. The Use Permit application, file number U-2002-10, in accordance with the
model resolution.
Application Summary: Use Permit to construct "City Center Park."
BACKGROUND
Project History
On May 5, 1997, the City Council approved the License Agreement for Four
Seasons Park with Symantec/Cupertino City Center Builders, now called
Cupertino City Center Owners Association (OA), for the installation of park
space and streetscape improvements on the site. The agreement was signed on
June 26, 1997. The License Agreement identifies the owner of the property as the
"OA" and grants the City of Cupertino a non-exclusive, irrevocable license to
develop and use the property as a public park. On December 12, 2000, the
License Agreement was amended to accurately define the boundaries of the park
footprint with respect to the Verona Apm't~'~Lents and the Cypress Hotel projects.
During early 1999, The Guzzardo Partnership prepared several landscape design
alternatives for the Parks and Recreation Department and presented them to the
Parks and Recreation Commission. The City did not take action on those design
alternatives.
On August 24, 2001, the Director of Community Development conducted a
Design Charrette with a group that included a member of the City Council, City
staff and members of the design community including The Guzzardo
Partnership. The objective was to generate design ideas for City Center Park.
On May 20, 2002, the City Council approved the schematic design of the
Applications: U-2002-10, City of Cupertino November 25, 2002
Page 2
sculpture, "Perspectives" by artist Roger Berry, upon recommendation of the
Fine Arts Commission.
At the end of June 2002, the City Council adopted the CIP budget, which
included $1.1 million for improvements to the Four Seasons Corner and on
September 16, 2002, the City Council authorized the City Manager to execute an
agreement with The Guzzardo Partnership for landscape design services and to
formally change the name of the project to City Center Park.
The project was reviewed by the Parks and Recreation Commission on
November 7, 2002. The Commission was pleased with the design and indicated
unanimous support for the project.
DISCUSSION
Program Concept and Design
The concept for the City Center Park draws upon the principles of the General
Plan and the Heart of the City Specific Plan that include establishing a landmark,
enhancing walk ability, enlivening the streetscape, and providing a gathering
place at the Crossroads intersection.
The City Center Park is designed to meet the following program concepts:
1. Announce the Crossroads intersection - The Park incorporates a water feature,
public art, trees, theme gardens, and lighting with banners to help highlight
the intersection.
2. Accommodate City events - The Park allows a kiosk layout for art/craft
festivals, theme gardens to depict the history of the community, and a green
space for ballgames or other activities.
3. Complement adjacent land uses (Verona retail, Cypress Hotel) - The Park has a
sunken lawn for residents and office-goers, seating areas for residents,
customers of adjacent restaurants, or office-goers, an area for gatherings,.
weddings, and outdoor events for the hotel and offices.
4. Incorporate public art - The public art feature is located east of the water
feature and will be lit at night.
5. Form a part ora series of open spaces including Civic Center, Civic Park and the
amphitheater site- City Center Park has pedestrian connections from adjacent
open spaces including the amphitheater on southeast section of the City
Center block, Civic Center and Civic Park. The buildings on the site
additionally incorporate special event parking for public events.
The park is designed on a diagonal pattern connecting the pedestrian paths
through the site to the Crossroads intersection at Stevens Creek and De Anza
Boulevards. The pathways through the park are proposed to be paved in scored
Applications: U-2002-10, City of Cupertino
Page 3
November 25, 2002
concrete in a variety of finishes. The pathways will also serve as locations to set
up kiosks for an event. The western section of the park is lined with a double
row of Flowering Pear trees to shade the space from the western sun. A water
feature, consisting of two pools of water with vertical jets, and the art feature are
located to the northwest corner of the park to highlight the Crossroads
intersection. The art and water features will be lit for visibility at night. Theme
gardens including an Asian garden, Rose garden, and a California Native Plant
garden are planned in the west and south sections of the park. A sunken lawn is
provided in the southern section of the park to accommodate ball games, or
events such as weddings and picnics. A trellised seating area separates the
eastern section of the park from the more active western section. The eastern end
of the park is designed with trees, lawn and hedges to allow seating for office-
goers, and residents. The area will also complement the outdoor dining patios
lining the restaurants to the east. A large paved area on the eastern edge of the
park will also serve as the fire access for the Vero.na project.
Lighting for the park is provided in the form of teal, pedestrian-scaled light
standards (see Sheet 8 in plan set) along the paths. The proposed lighting
fixtures are consistent with the bell-shaped pedestrian-scaled lights in the City
Center block. Banners are proposed for the pedestrian-scaled lights along the
Verona ground floor retail. The trellis structure, water feature and art feature
will also be lit to enhance visibility at night. Blue light emitting diode (LED)'
lights are proposed in the paving to highlight the pathway from the Crossroads
intersection to the fountain between the Verona and Kimpton Hotel buildings.
Staff recommends approval of the design with the following recommendations:
1. The pedestrian-scaled light standards in City Center Park should be black
instead of the recommended teal green, to provide a link to the black-colored
light standards recommended in the Crossroads Area Streetscape Plan (area
along Stevens Creek Boulevard between Stelling Road and De Anza
Boulevard).
2. The pedestrian-lights should incorporate banner arms to announce events in
the Park.
Provisions should be made to locate a bus shelter (in cooperation with the
VTA) at the bus stop on the northern edge of the Park along Stevens Creek
Boulevard.
The above recommendations have been incorporated into the conditions of
approval.
Parking
The Site Influence Plan shows the public parking for this area in yellow. The
retail frontage has parking in the Verona Apaztments Garage, and public parking
Applications: U-2002-10, City of Cupertino
Page 4
November 25, 2002
for nights, weekends, and holidays is located to the east of the site on Stevens
Creek Boulevard.
Connections
Staff recommends that additional Connections between City Center Park, the
amphitheater on southeast section of the City Center block, Civic Center and
Civic Park be explored. This can be achieved with a combination of lighting,
banners, and special paving.
Storm Water Quality Management
Tl-te Regional Water Quality Control Board is requiring local agencies to reduce
impervious surface and incorporate storm water quality design techniques in
their new projects. Post-development calculations indicate a surplus of runoff for
the park site compared to current conditions. A condil~on of approval requires
runoff reduction measures to be identified, prior to issuance of building permits.
These may include reducing impervious surfaces, and providing underground
detension basins to reduce peak flow. Therefore, there will be no negative impacts
to the storm drain system.
Process
Following the Planning Commission public hearing on November 25, 2002, the
project will be presented to the City Council for review and approval on
December 2, 2002. Comments and recommendations from the Parks and
Recreation Commission and the Planning Commission will be forwarded to the
City Council.
Prepared by: Aarti Shrivastava, Senior Planner
Approved by: Steve Piasecki, Director of Community Development
Attachments
Model Resolution for U-2002-10
Plan Set
G:kPla~u~xg\ PDREPORT\ pcUserepor ts\U-2002-10.DOC
U-2002-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT "CITY CENTER
PARK."
SECTION I: PROFECT DESCRIPTION
Application No.:
Applicant.
Location:
APN#s:
U-2002-10
City of Cupertino
South-east corner of the intersection of Stevens Creek and De Anza
Boulevards
Lot 8, Tract 7953
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one
or more public hearings on rids matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2002-08 is hereby recommended for approval;
and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application U-
2002-08, as set forth in the Minutes of the Planning Commission Meeting of November 25,
2002, and are incorporated by reference herein.
Resolution No.
Page 2
U-2002-10
November 25, 2002
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
APPROVED EXHIBITS
Approval is based on plan set dated November 04, 2002, entitled "City Center Park",
and as amended by this resolution.
APPROVED USES
Approval is granted to conduct park and recreational activities as described in the PR
(Park and Recreation) zone, community activities, and special events, including but not
limited to, Farmer's Markets, festivals, and other community gatherings.
o
CIVIL SURVEY
A survey of the site shall be provided prior to building permit approval to indicate the
exact locations of the property and street curb lines.
LIGHTS
a. The pedestrian-scaled light standards shall be black instead of the recommended
teal green, to provide a link to the black light standards recommended in the
Crossroads Area Streetscape Plan (area along Stevens Creek Boulevard between
Stelling Road and De Anza Boulevard).
b. The pedestrian-lights shall incorporate banner arms to announce events in the
park.
BUS STOP
Provisions should be made to locate a bus shelter (in cooperation with the VTA) at
the bus stop on the northern edge of the Park along Stevens Creek Boulevard.
SIGNAGE
This project approval does not include signage. Signage for the City Center project will
be reviewed separately as part of a master sign program.
TRANSFORMERS AND EOUIPMENT
Electrical transformers, telephone vaults, backflow preventers and similar above
ground equipment enclosures in the sidewalk and park areas shall be undergrounded
or alternative locations shall be found. The abovementioned equipment in locations
other than the sidewalk and plaza areas shall be screened with fencing and landscaping
or located underground such that said equipment is not visible from public street areas.
Said equipment locations shall be determined prior to issuance of building permits.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
Resoluidon lqo. U-2002-10
Page 3
November 25, 2002
the mount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this
90-day period complying with all of the requirements of Section 66020, you will be
legally barred from later challenging 'such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
HANDICAP RAMP
Two (2) handicap ramps must be designed to accommodate the new intersection
design.
10.
HRE LANE EASEMENT ACCESS
Construct a structurally sound access route, which can withstand fire truck traffic along
the fire lane easement
11.
STORM DRAIN RUNOFF
Pre and post-development calculations indicate a surplus of rtmoff for the park site
from its current state. Prior to issuance of building/grading permits, the applicant shah
address the issue of runoff reduction, to the satisfaction of the Director of Public Works,
to lessen the impact on an already overburdened storm drain line (Stevens Creek
Boulevard).
12.
EROSION CONTROL PLAN
A Registered Civil Engineer shall Complete an Erosion Control Plan, approved by the
City. This plan should include all erosion control measures used to retain materials on-
site. Erosion Control notes shall be stated on the plans. AH locations of these materials
need to be identified on the plans.
13.
STORM WATER DRAINAGE EASEMENT
The applicant may be required to execute an agreement with the Kimpton hotel to allow
any storm water redirected from the City Center Park site to enter the storm water
detention facility on the hotel site.
Resolution No. U-2002-10
Page 4
November 25, 2002
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering ahd surveying conditions specified in Section W. Of
this resolution conform to generally accepted engineering practices
Ralph Quails, Director of Public Works
City Engineer CA License 22046
SECTION V: CONDITIONS ADMINISTERED BY THE COUNTY FIRE DEPT.
14. EMERGENCY RESPONSE ROUTE PLAN
Prior to building/grading permit issue, the applicant shall provide an updated
emergency response route plan to the Fire Department for review and approval. This
plan shall incorporate previously agreed upon pathways as part of the City Center
development of the Kimpton (Cypress) Hotel and Verona Apartment project. Through
circulation around the existing fountain with 20 feet minimum width, or aerial ladder
truck "set up areas" shall be shown.
PASSED AND ADOPTED this 25th of November 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Charles Corr, Chairperson
Cupertino Planning Commission
G: \ Plan ning \ PDREPORT\ RES \ U-2002-10 res.doc
Cit
Ce nter Pa rk
NOV ~ B 2002
PARTNERSHIP INC.
Landscape Ar~hitc~:s · [and Planners
8:t8 Montgomery Street
San Francisco, CA 94133
T 415 433 4672
F415 433 5003
Index
Schematic Landscape Plan
Concept Plan
Site Influence Plan
Aerial Perspective
5 Perspective from Intersection
Pe~pect[ve from Soutt~east Cornerl
7 Fountain Section
18 Retail Frontage Section
Schematic Event Plan
* ~ 10 Conceptual Grad,ng and Drainage
11 Schematic Lighting Plan
Cupertino, California
23 October 2002
/
Creek Boulevard
N
W
c~
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects. Land Planners
836 Montgomery Street
5an Francisco, CA g4133
T 415 433 4672
F 415 433 5003
r,'111rlil'
S_chematic Lands_cape Plag
City Center Park
Cupertino, California
23 October 2002
Verona Apartments
and Retai/Frontage
J
Sheet 1
Stevens Creek
Cypress Hotel
HOTEL
THE
GUZZARDO
PARTNERSHIP iNC.
Landscape Architects. Land Planners
836 Montgomery Street
San Frandsco, CA g4133
T 415 433 4672
F 415 433 5003
Concept Plan
City Center Park
Cupertino, California
Sheet 2
Pub)l~: ~arking
THE
GUZZARDO
PARTNERSHIP
Landscape Architects. Land Planne~
836 Montgomery Street
San Francisco, CA 94133
T 415 433 4672
F 415 433 3003
Site Influence Plan
City Center Park
Cupertino, California
23 October 2002
25'1 ~o't 'mG'l
Sheet 3
THE
GUZZARDO
PARTNERSHIPi~c.
Landscape Architects · Land Planners
836 Montgome~ Street
San Francbr. o, CA g4133
T 415 433 4672
F 415 433 5003
Aerial Perspective
City Center Park
Cupertino, California
23 October 2002
Sheet 4
THE
GUZZARDO
PARTNERSHIP~Nc.
Landscape Architects · Land Planners
836 Montgomery Street
San Francisco, CA 94133
T 415 433 4672
F 415 433 5003
Eye Level Perspective from De Anza Boulevard and Stevens Creek Boulevard
City Center Park
Cupertino, California
23 October 2002
Sheet 5
THE
GUZZARDO
PARTNERSHIP~c.
Landscape Architects · Land Planners
836 Montgome~ Street
San Francisco, CA 94133
T415 433 4672
F 415 433 5003
Eye Level Perspective from Southeast Corner Looking to Northeast Corner
City Center Park
oo
Cupertino, California
Sheet 6
~P
Asian Garden In gKkg~rmmd
Trellis
~) Fo~ta i n Section
THE
GUZZARDO
, PARTNERSHIP~Nc.
Landscape Ar~ltects -Land Planners
San R'andsc=. CA 94133
T415 4~4672
F 41S433 S0O3
Section
City Center Park
Cupertino, California
Sheet 7
C) Retail Frontage Section
THE
GUZZARDO
PARTNERSHIP~Nc.
Landscape Ardtfl~-ts · IA~d FJanners
~6 ~tgome~
San Francbco, CA 94133
T41SQ3 4~2
Section
City Center Park
Cupertino, California
23 October 2002
Sheet 8
Farmers Market with
Fixed Retail Shops
Typical Farmers
Market Stand
Flea Market
in the Park
THE
GUZZARDO
PARTNERSHIP inc.
Landscape AKhitects. Land Planners
836 Montgomery Street
San FrandKo, CA 94133
T 415 433 4672
F 415 433 5003
.... Stevens Creek Boulevard ......
Loading/Unloading Loading/Unloading
.- $
Schematic Event Plan
City Center Park
Cupertino, California
23 October 2002
Sheet 9
LEGEND
NOTE8
THE
GUZZARDO
PARTNERSHIP ~NC.
Lendecepe Archi'tecta.Lend Planner8
836 Idor, tgmery Street
8an Fr~cb~, CA 94133
T 415 433 4672
F 415 433 500~
C~EE~AN+D'AN~ELO
_ Conceptual Grading and Drainage
City Center Perk
Cuperlino, Car~ornis
Sheet 10
BTHE
GUZZARDO
PARTNERSHIP~¢.
Landscape Architects · Land Planners
836 Montgomery Street
San Francisco, CA 94133
T 415 433 4672
F 415 433 5003
Ir q
U
S c_he m.._a_t_i s_ L_i9 h~t !_n g Pla~
City Center Park
Cupertino, California
23 October 2002
iii
Sheet 11
Agenda Item NooQ~
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUMMARY
Agenda Date December 2, 2002
Application No.:
Applicant:
Property Owner:
Location:
MCA-2002-04
City of Cupertino
Various
Citywide
APPLICATION SUMMARY:
Conduct the first reading of Ordinance No. 1906: "An Ordinance of the City Council of
the City of Cupertino Amending Chapter 10.48 (Community Noise Control) of the
Cupertino Municipal Code regarding hours of operation for home maintenance
activities - use of power equipment and other related issues of clarification."
RECOMMENDATION:
Staff recommends that the City Council:
Approve the amendment to the Noise Ordinance (Chapter 10.48 of the Municipal Code)
based on the attached revised ordinance amendment.
BACKGROUND:
The proposed amendments to the Noise Ordinance are intended to accomplish the
following:
1) Limit early morning use of motorized equipment for home maintenance (Section
10.48.051).
2) Clarify the measurement procedure for daytime and nighttime maximum noise
levels (Section 10.48.040).
3) Clarify the noise standards used between commercial and residential properties
(Section 10.48.040).
On November 18, 2002, the Council continued the second reading of the Noise
Ordinance amendment to allow Staff time to evaluate how the proposed wording
changes affect the noise standards used between commercial and residential properties.
As a result of the evaluation, staff is suggesting additional wording changes to clarify
MCA-2002-04
December 2, 2002 Page 2
Section 10.48.040. Therefore, the Council must review and conduct the first reading of'
the ordinance amendment again based on the new changes introduced. This however
does not effect the original suggested revisions to limit early morning use of motorized
equipment for home maintenance activities (Section 10.48.051).
DISCUSSION:
Section 10.48.040 - Daytime and nighttime maximum noise levels
Ordinance Language:
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. . ....°f., Origin. ..................... ., . .Maxmaum .... Nolse.,.Level, .... at. .Compla~nt Sxte.~.:'.:'.. .:'
:': ': ': ":.' .................... ': :" ":': :": . :.'.: ................... of Rec~iViiig Pi/6per~y., :,: .,.' · '. ' ....... "'
Residential Nighttime Daytime
50 dBA 60 dBA
Nonresidential Nightime Daytime
55 dBA 65 dBA
Reason:
Currently Section 10.48.040 of the noise ordinance states that the maximum noise levels
on the receiving property are determined by the land use at the location of the
complaint. It is ambiguous which noise standards to use when a complaint arises that
involves a commercial property immediately adjacent a residential property. In
addition it is unclear if the noise levels are measured from the receiving property or
from the source property. This section could be worded to require commercial uses
(noise source) conform to the residential or non-residential standards when adjacent to
residential uses (noise recipient). After consultation with Code Enforcement and the
City Attorney, it was pointed out that the City has been enforcing this section of the
ordinance with a more lenient interpretation, which required that the commercial
properties (noise source) adhere to the commercial noise standards when irm-nediately
adjacent to a residential property (noise recipient). Code Enforcement is recommending
the wording of Section 10.48.040 be revised to clarify that the more lenient
interpretation be continued in order to be consistent with previously code enforcement
procedures and findings.
MCA-2002-04
December 2, 2002
Prepared by: Gary Chao, Assistant Planner
Page 3
SUBMIT ED BY:
~teve ~'iasecKi
Director of Community Development
APPROVED BY:
David W. Knapp
City Manager
Exhibit A
Exhibit BI:
Exhibit CI:
Revised Model Ordinance #1906
Revised Noise Amendment Schedule
Revised Strikeout and Underline Version of the Model Ordinance
Strikeout and Underline Version of the Model Ordinance
Proposed text is underline. Deleted text appears in strikeout.
10.48.051 Home maintenance activities.
The use of motorized equipment for home and yard maintenance activities shall be
limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on
weekends and holidays. The Daytime use of motorized equipment for home and yard
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 location of
complaint point of origin:
Maximum Noise Level on at Complaint
Site of Receiving Property
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential
55 dBA 65 dBA
Revised Noise Ordinance Amendment Schedule
10-7-2002 CC Meeting Request authorization from the Council to
Between 10-7-2002 to 11-4-2002
12-2-2002
12-16-2002
01-16-2003
initiate revision to the Noise Ordinance
according to the proposed schedule.
Staff contacted home maintenance
equipment industry representatives to
give them an opportunity to evaluate the
proposed changes.
1St Reading of the revised Noise Ordinance
language.
2na Reading of the revised Noise
Ordinance language.
30 Days after the 2na Reading, the
amended Noise Ordinance is effective.
ORDINANCE NO. 1906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICIPLE CODE
REGARDING HOURS OF OPERATION FOR HOME MAINTENANCE
ACTIV1TES - USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES
OF CLARIFICATION
WHEREAS, the City Council wishes to limit early morning use of
motorized equipment for home 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 Home maintenance activities.
The use of motorized equipment for home and yard maintenance activities shall
be limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m.
on weekends and holidays. The use of motorized equipment for home and yard
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 Origin
Maximum Noise Level at Complaint
Site of Receiving Property
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential
55 dBA 65 dBA
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 2na day of December, 2002, and ENACTED at a regular meeting of the City
Council of the City of Cupertino this , by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
G:\ Plmming\ PDREPORT\RES\ 02-MCA-04 resoCCb.doc