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CC 06-16-03
cupertino AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday, June 16, 2003 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation from the Teen Commission on its activities through May 2003. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Approve the minutes from the May 19 and 27, and the June 2, 3, and 9 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for May 30 and June 6, Resolution Nos. 03-108 and 03-109. 4. Adopt a resolution accepting Payroll for June 6, Resolution No. 03-110. June 16, 2003 Cupertino City Council Page 2 Cupertino Redevelopment Agency 5. Accept the Treasurer's Budget Report -- April 2003. Approve the terms and conditions of employment for fiscal year 2003/04 (backup items to be handed out at the meeting): a) Amend the Memorandum of Understanding between the City and the Cupertino City Employee's Association, Resolution No. 03-111 b) Amend the Memorandum of Understanding between the City and Operating Engineers Local No. 3, Resolution No. 03-112 c) Amend the compensation program for unrepresented employees, Resolution No. 03-113 d) Amend the Administrative Rules and Regulations of the Personnel Code, Resolution No. 03-114 e) Fix the employer's contribution for medical insurance, Resolution No. 03-115 Accept municipal improvements (grading, curb and gutter) for The O'Brien Group (Oak Valley), Subdivision (Off-site) Improvements, Tract 9054, Unit 1, Area 2; Tract 9076, Unit 3, Neighborhood 4. (No documentation in packet). Accept mtmicipal improvements (grading, curb and gutter) for SQJ Development Co., Inc., 7953 Rainbow Drive, APN 362-31-029. (No documentation in packet). Authorize the City Manager to execute a Renewal Agreement to the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy, Resolution No. 03-116. 10. Disposal of electronic products and computers: a) Adopt a resolution approving the agreement with Apple Computer for the disposal of electronic products and computers for fiscal year 2003-2004, Resolution No. 03-117 b) Authorize the City Manager to negotiate and execute an amendment to the contract with Los Altos Garbage Company regarding the cost for resident to dispose of television sets, in an amount not to exceed $15,000 11. Oak Valley subdivision: a) Adopt a resolution accepting streets constructed by the Oak Valley Subdivision, Tracts 9054 and 9075 through 9078 into the City street system, Resolution No. 03-118 June 16, 2003 Cupertino City Council Cupertino Redevelopment Agency Page 3 b) Adopt a resolution authorizing the Mayor to execute a Certificate of Acceptance of Easement Deeds from the County of Santa Clara for various easements within the subdivision, and authorize the release of the construction securities for the Oak Valley Subdivision, Resolution No. 03-119 12. Authorize a transfer of funds in the amount of $41,000.00 from Account No. 270-8403, Sidewalk, Curb and Gutter, to Account No. 270-9430, Stevens Canyon Road Widening, to provide additional construction contingency for the contract for the Stevens Canyon Road Widening, Project No. 98-120. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 13. Conduct a second public heating to consider and adopt the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans, Resolution No. 03-120. 14. Consider adopting a resolution for the annual renewal of fees for the Storm Drainage Nonpoint Source Program for 2003-04, Resolution No. 03-121. 15. Consider ordering the vacation of a roadway easement, Dennis Lee and Katherine K. Lee, Trustee, 10588/10590 Santa Lucia Road, APN 342-16-084, Resolution No.03-122. 16. Consider application(s): Z-2003-01; TM-2003-01; U-2003-02; and EA-2003-03 for Saron Gardens, LLC located at 7310 Rainbow Drive, A-E, APN(s): 366-19-075; 366-19-076; and 366-19-048. a) Approve the rezoning of a 4.03 acre parcel from (PR3) to P(Res) b) Approve a tentative map to subdivide a 4.03-acre parcel into 55 residential parcels and one common parcel c) Approve a use permit to construct 55 single-family residences and site improvements on a 4.03-acre parcel d) Grant a negative declaration e) Conduct the first reading of Ordinance No. 1920: "An Ordinance of the City Council of the City of Cupertino rezoning three parcels totaling 3.92 gross acres parcel from P(R3) or Planned Development with multi-family residential uses and RI or Single Family Residential to R(Res) or Planned Development with residential uses June 16, 2003 Cupertino City Council Page 4 Cupertino Redevelopment Agency 17. Receive public comments, discuss, and adopt the 2003-04 budget: a) Adopt a resolution establishing an operating and capital budget for fiscal year 2003-04, Resolution No. 03-123 b) Adopt a resolution establishing an appropriation limit for fiscal year 2003-04, Resolution No. 03-124 c) Grant a negative declaration PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 18. Receive a report and recommendation on storm drainage in Elm Court. 19. Review bids, waive minor irregularities in the bid documems and award the contract for the Sports Center Remodel to XL Construction, the lowest responsive and responsible bidder, in the amount of $1,721,187.00, by accepting the Base Bid of $1,687,868.00 and Add Alternates 4 and 5 in the amount of $3,979 and $29,340 respectively; approve a construction contingency for unforeseen conditions in the amount of $138,000.00; and authorize the City Manager to execute the contract on behalf of the City. 20. Cupertino Civic Center and Library Project: a) Review and award the contract for the Civic Center and Library Project, Phase 2 construction, to Swinerton Builders, the lowest responsive and responsible bidder, in the base bid amount of $14,695,000.00 plus $347,000.00 for add alternates 1 through 7, for a total contract amount of $15,042,000.00; authorize the City Manager to execute the contract on behalf of the City; and approve a construction contingency for unforeseen conditions in the amount of $1,000,000.00. h) Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No. 2, for an additional amount not to exceed $615,000.00, for professional services with SMWM, to provide for Contract Administration during Phase 2 construction of the Civic Center and Library Project for a total contract amount of $3,119,000.00, Resolution No. 03-125 c) Adopt a resolution authorizing the City Manager to accept a gift of $45,000.00 from the Rotary Club of Cupertino for the purchase of 16 trees and 8 benches, and an acknowledgement plaque in the California Heritage Grove of the new Civic Plaza, Resolution No. 03-126 June 16, 2003 Cupertino City Council Page 5 Cupertino Redevelopment Agency 21. Consider canceling the meeting of July 21. ORDINANCES STAFF REPORTS COUNCIL REPORTS Mayor Michael Chang: Audit Committee Leadership Cupertino Legislative Review Committee Library Steering Committee 5 C's Liaison Santa Clara County Housing and Community Development Block Grant Program (CDBG) Alternate Santa Clara County Library District JPA Board of Directors Alternate Sister City Committee - Toyokawa West Valley Mayors and Managers Vice-Mayor Sandra James: Economic Development Committee Environmental Review Committee Alternate Leadership Cupertino Library Steering Committee Santa Clara County Emergency Preparedness Commission Santa Clara County Transportation Agency Policy Advisory Committee Alternate Skatepark Committee West Valley Mayors and Managers Alternate Councilmember Patrick Kwok: Association of Bay Area Governments (ABAG) Library Steering Committee Alternate Guadalupe/West Valley Flood Control and Watershed Advisory Committee Lower Peninsula Flood Control and Watershed Advisory Committee Santa Clara County Recycling and Waste Reduction Commission Santa Clara Valley Water Commission Sister City Committee - Toyokawa Alternate Councilmember Dolly Sandoval: Audit Committee Environmental Review Committee Legislative Review Committee 5 C's Liaison Santa Clara County Cities Association Alternate Santa Clara County Cities Association Legislative Task Fome June 16, 2003 Cupertino City Council Cupertino Redevelopment Agency Page 6 Santa Clara County Emergency Preparedness Commission Alternate Santa Clara County Housing and Community Development Block Grant Program (CDBG) Santa Clara County Transportation Agency Policy Advisory Committee Councilmember Richard Lowenthal: Association of Bay Area Governments (ABAG) Alternate Economic Development Committee Guadalupe/West Valley Flood Control and Watershed Advisory Committee Alternate Lower Peninsula Flood Control and Watershed Advisory Committee Alternate Santa Clara County Cities Association Santa Clara County Cities Association Legislative Task Force Alternate Santa Clara County Library District JPA Board of Directors Santa Clara Valley Water Commission Alternate Silicon Valley Animal Control Authority (SVACA) Board Skatepark Committee Alternate CLOSED SESSION 22. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, Carol Ferrell, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3, Cupertino City Employee's Association and the unrepresented employees Compensation program. ADJOURNMENT REDEVELOPMENT AGENCY MEETING ROLLCALL ORAL COMMUNCATIONS APPROVAL OF MINUTES A. Approve the minutes from the June 2 meeting. PUBLIC HEARING Conduct a second public heating and adopt the Cupertino Redevelopment Agency's Operating Budget for 2003-04, Resolution No. 03-01. ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. DRAFT cUPe no DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, May ] 9, 2003 CALL TO ORDER At 5:08 p.m. Mayor Chang called the meeting to order in Conference Room C, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal (5:20 p.m.). Council members absent: Patrick Kwok. Planning Commission members present: Planning Commissioners Marty Miller, Taghi Saadati, and Gilbert Wong. Planner Commissioners absent: Chairperson Angela Chen and Commissioner Charles Corr. Staff present: City Manager David Knapp, City Attomey Charles Kilian, Deputy City Attorney Eileen Murray, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Senior Planner Aarti Shrivastava, Senior Planner Peter Gilli, and City Clerk Kimberly Smith. JOINT STUDY SESSION WITH PLANNING COMMISSION Discuss preliminary plans for residential units at the rear of the Oaks Shopping Center and along Mary Avenue. The developer is Regis Homes. Director of Community Development Steve Piasecki said that the property owner was told that the City's General Plan allows mixed-use on any commercial, industrial, or office properties up to 35 units to the acre and that there are sufficient units currently available under the General Plan. Piasecki said no General Plan amendment was requested, and exceptions to the Heart of the City Specific Plan would be minimal. The developers asked to come before Council and the Planning Commission before proceeding with the project. Piasecki said that the objectives of the development would be to reduce the amount of commercial square footage in the rear of the shopping center, which has been the least marketable section over the years, and to backfill the space with a 3-story ownership May 19, 2003 Cupertino City Council Page 2 residential product. The developers have agreed to work with the City to find the best way to enhance the marketable areas with better signage, streetscape visibility, etc. He said that walkability would be important in this development and it would be an opportunity to provide some affordable units on Mary Avenue and to create a pocket park at the northern end of the units. Senior Planner Peter Gilli reviewed the staff report and outlined the project in further detail. Applicant Ken Bush from Regis Homes talked more about the project and introduced the development team. Tim Bums, Heitman Capital Management representing the Oaks Shopping Center ownership, talked about the history of the center and their previous attempts to bring in an Andronico's Market. Paul Lettieri, landscape architect, discussed the site plan details. John Eller, President of SB Architects Sandy and Babcock, also talked about the project. Lowenthal said he was concerned about the park appearing to be private and not shared with the community. James was concerned about the net loss of parking spaces and how the retail would be affected. She asked about the intermingling of the vehicular traffic through the commercial and residential areas, and said that crosswalk and speed control on Mary Avenue is essential. Sandoval asked about permit parking for the residential parking, the stoop height, and the crosswalk to the Senior Center. She asked about the possibility of having an active green area with tables, chairs, etc. Chang was concerned about keeping enough retail to make it a viable retail center as new houses are built, losing the angle parking on Mary Avenue for the Senior Center and Memorial Park events, traffic impacts, and the visual qualities of houses backing up to the 85 on-ramp and facing the commercial section. Saadati asked about the space between two of the buildings and suggested adding trees to make more of a separation, asked about parking requirements, and if the speed limit on Mary .avenue would change from one end to the other, especially near the crosswalk. Wong was also concerned about parking issues, and Miller was concerned about the parking ratio for the residential units and overlapping with the retail. A member of the audience asked when a traffic study would be done and if it would involve the projected growth of De Anza College enrollment. Chang said that he supported the staff's recommendation regarding building number 11 and the circulation issue. May 19, 2003 Cupertino City Council Page 3 RECESS At 6:44 p.m. the Planning Commission adjourned, and the City Council recessed until 7:01 p.m. PLEDGE OF ALLEGIANCE At 7:01 p.m. Mayor Chang reconvened the Council meeting in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. Sandoval/James moved to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Deputy City Attorney Eileen Murray, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Senior Planner Aarti Shrivastava, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Presentation from Carl Guardino and Roccie Hill of the Housing Trust of Santa Clara County regarding an update on the Housing Trust and opportunities available as a result of Proposition 46. Roccie Hill said that this had been the most successful capital campaign in county history. She handed out a packet of information, talked about how the $10 million was invested in the community to help hundreds of families, and said she would like to work with the City Manager to get the word out to city employees about the home loans available to them. 3. Recognition of the Cherry Blossom Festival artists. Connie Dunham, Yoshiki Hirabayasbi, Ted Kameda, and Margaret Abe accepted proclamations from Mayor Chang on behalf of those who have actively participated, contributed and supported the annual Cherry Blossom Festival. May 19, 9~003 (~uper~no (~ty (~ounc~l Page POSTPONEMENTS 4. Request to continue item number 14 regarding Extended Stay America. James/Lowenthal moved and seconded to continue this item to June 2 as requested by the applicant. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Mayor Chang reordered the agenda to take up item number 17 next. 17. Consider whether to reconsider the decision to leave the donor names and the dollar amounts to the discretion of the Library Foundation Committee (requested by Council member James). Vice-Mayor James said that she originally voted with the rest of the Council to delegate the authority to the Library Fundraising Committee to raise money for the library. In retrospect, and after heating from her constituents, she felt that she should have voted no on this matter. She asked that the record reflect her belief that the final authority should rest with the City Council and she requested that item number 17 be withdrawn from tonight's agenda. The Council members concurred to table this item. NEW BUSINESS WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Representing the Cupertino Chamber of Commerce and its Board of Directors, the following individuals spoke in support of allowing non-residents to serve on the General Plan Task Force, particularly for business owners and major office categories. Mark McKenna Jody Hansen Jack Hubby Mark Bums, Orrin Mahoney Rich Abdalah The Council members agreed to agendize this issue and asked staff to bring back options for residency in other categories including schools, fire, and sheriff's offices. E. J. Conens complained about flyers left in his driveway, and he illustrated one, which was rolled up and left in a plastic bag. Administrative Services Director Carol Atwood said that there may be solicitation restrictions, and she would report back at the next meeting. Shing-Shwang Yao, 21441 Elm Court, said that he was waiting for the City's plan to solve flooding on Elm Court, and now that the rainy season has ended it is time to take action. Public May 19, 2003 Cupertino City Council Page Works Director Ralph Qualls said that the consultant had delivered the plans to address the flooding problem and staff is now reviewing it. He said it would be brought back to Council for review in June. Louise Levy, 10802 Wilkinson Ave., expressed concern about the Patriot Act abrogating the Bill of Rights, and read an excerpt regarding the ability to search library patron records. She said that 61 local chapters of the League of Women Voters have moved to go to the National League to object to the Patriot Act. Robert Levy, 10802 Wilkinson Ave., said that 39 families would be displaced when Saron Gardens is built and the rental units will change to units for purchase. He asked Council to find a way to keep those families in the city. CONSENTCALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item 9, which was pulled for discussion. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Adopt resolutions accepting accounts payable for May 2 and 9, Resolution Nos. 03-091 and 03-092. 6. Adopt a resolution accepting payroll for May 9, Resolution No. 03-093. Adopt a resolution authorizing the destruction of records from the Human Resources Department, Resolution No. 03-094. Set a public heating date of June 2 to consider abating a public nuisance regarding substandard structure, overgrown vegetation, abandoned vehicles, and debris at 10467 Glencoe Drive, APN 326-30-106, Mr. Robert T. Damask, property owner, Resolution No. 03-095. 10. Declare intention to order vacation of a roadway easement, 10588/10590 Santa Lucia Road, APN 342-16-084, Resolution No., 03-096. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 9. Endorse the Comprehensive Santa Clara County Expressway Planning Study. Vice-Mayor James said she had served on the Policy Advisory Board, and that some concerns regarding the crosswalk at Mitty School had been addressed. The intemhange at Lawrence Boulevard and Highway 280 was still an issue. Public Works Director Ralph Qualls said he serviced on the technical working group that assisted the Policy Advisory Board. May 19, 2003 C~upert~no (~ty Counell Page Lowenthal/Sandoval moved and seconded to endorse the Expressway Planning Study. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Mayor Chang reordered the agenda to discuss item number 13 next. PLANNING APPLICATIONS 13. Consider a use permit to construct a 24-unit (21,000 square foot) expansion of the skilled nursing facility and a new 3,500 square foot Fimess/Wellness Center at the Forum senior living facility at Rancho San Antonio, Application Nos. U-2003-01 and EA-2003-01, Thomas Brutting, HKIT Architects, 23500 Cristo Rey Drive, APN 342-54-016. A Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Aarti Shrivastava reviewed the staff report. Applicant Thomas Brutting said that this will have a more residential scale than usual, and that they were the original architects of the Forum so the styles will be very compatible. Lowenthal/James moved and seconded to adopt a Negative Declaration. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Lowenthal/Sandoval moved and seconded to approve the Use Permit No. 2003-01 in accordance with Planning Commission Resolution No. 6185. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. PUBLIC HEARINGS 11. Consider the appeal of a Planning Commission approval of a hillside exception to construct a 6,500 square-foot residence on a prominent ridgeline, a driveway on slopes greater than 30%, and grading quantities exceeding 2,500 cubic yards on a vacant substandard residential hillside property on E1 Cerrito Road, Application No(s). EXC- 2001-08 and EA-2001-13 (Mit.), Amar Gupta, APN 342-31-001. (The appeal filed by Luella Phelps has been withdrawn). The public hearing was opened at 7:59 p.m. There were no speakers, and the public hearing was closed and the item was withdrawn. 12. Consider a use permit to demolish 16 existing office buildings in the Town Center area totaling 123,695 square feet and construct 141,850 square feet of new office space, 19,135 square feet of retail-commercial space, 217 residential traits and a .5 acre linear park Application No(s). EXC-2002-09, TM-2002-02, U-2002-06, Z-2002-02, and EA- 2002-14, Dennis Meidinger/Bill Hagrnan (Hunter/Storm), 10320-10440 S. De Anza Blvd. and 20360-20440 Town Center Lane, APN(s) 369-40-002 and 369-40-015. The application also consists of the following: May 19, 2003 Cupertlno City Council Page 7 (a) Tentative map to subdivide four existing parcels ranging from approximately 1.9 acres to 6.0 acres to create six "building" parcels and one common lot ranging from approximately 0.1 acres to 3.7 acres (b) Exception to the Heart of the City Specific Plan (Town Center Area) to allow building heights from 36 feet to 45 feet (c) Rezone 12.3 acres from P to P (planned commercial, office, residential) (d) Adopt a Negative Declaration (e) Conduct the first reading of Ordinance No. 1919: "An Ordinance of the City Council of the City of Cupertino rezoning six parcels totaling 12.368 gross acres parcel from P or (Planned Development with Office, Prototype Research and Incidental Commercial uses) P (OP) or Planned Development (Professional Office) to P (Commemial, Office, and Residential) or Planned Development (Commercial, Office, and Residential)." At 8:00 p.m., City Attorney Charles Kilian left the room and Deputy City Attorney Eileen Murray was present. The following materials were handed out at the meeting: (1) A memorandum from the Planning Department modifying Condit!on 48 regarding the condominium map for Civic Park; 2) A letter dated May 13 from Albert Hoffman and Mary Cadloni in opposition to this project; and (3) a letter dated May 15 from the Santa Clara Housing Action Coalition in support of this project. Senior Planner Aarti Shrivastava reviewed the staff report and highlighted the changes made in the revised plans. Applicant Ed Storm said that they didn't initiate or sponsor traffic calming, but they were willing to pay for a portion. He said they agreed to the 45-foot height restriction but didn't want it to impact the number of stories. They would like to create 14 more units in building R2 by lowering and depressing the interior parking lot, with no resulting difference in the height. They would also like to eliminate the 1600 square foot caf6 that is part of the G building. He said the traffic light at the entrance of their project would help them to bring traffic onto their site without impacting other areas, and it would also help the retail project. He asked for Council direction regarding density and for-sale units versus rentals. He said they could reduce some of the density by offering more for-sale product but it would result in fewer units. He said that the office portion wouldn't be built until after the residential, he asked that the use permit allow them seven years to complete the project. He also said that they are ready to do the street improvements. Ned Britt, 20850 Pepper Tree Lane, said that he was in support of reducing the density and keeping it within height limits. He said that demographic data should not be relied on because of current economics. May 19, 2003 Cupertlno Clty Councll Page Dave Riopel, 10516 Whitney Way, said he liked the progress made, but did not want it to violate General Plan height limits. He said that it's important for the City to have single- family, owner-occupied homes in order for families to become part of the community. He said that more input is needed from the public on the traffic light. He also asked that the traffic gate at Pacifica be removed, or that Silverado be blocked off. Bob Levy, 10802 Wilkinson Ave., said that by the time these units are built the middle school might be at a new location. He asked what amenities would be available for the new families, and asked Council to consider safety and traffic patterns to the new school location. Dennis Whitaker, 20622 Cheryl Dr., expressed concern about increasing traffic problems such as those faced by urban areas, as well as continuing density issues. He said the biggest problem would be the impact on the schools. Shishir Mukherjee, 1174 Scotland Dr., said that he didn't understand why the City wanted to build another big project before the new General Plan is approved. E. J. Conens, Cupertino resident, was concerned about increased traffic and height density with this project. Joanne Tong asked that Council not grant any more height amendments to the present General Plan until the new General Plan is completed. She said there is a safety issue with underground parking and asked Council to limit the building heights to 36 feet. Norm Hackford, 10346 Tonita Way, said that he had written a letter regarding his thoughts about the project and had received responses. He was concerned about aesthetics and traffic, especially around schools. He liked the idea of reducing the density but didn't think the City was ready for this project. He would like to see the building setbacks be the same on both sides of the street. Sally Larson, Cupertino resident, said she wondered why this project was being pushed for a vote now before the traffic study was completed and when the new General Plan Task Force was about to commence. She said she was glad to hear about traffic calming measures on Rodrigues. She asked that Council and Planning take into consideration all parking needs before approving the project. Applicant Deke Hunter talked about the elevation of Building R-2. He said their goal was to reduce the density by going to nearly 100% for-sale units. He said that they would like to have the parking be dedicated for the project and not have any shared parking. He said the traffic light is a benefit for the retail part of the project and to help reduce traffic. Lowenthal/James moved and seconded to approve the Heart of the City Specific Plan exception EXC-2002-02, approve the rezoning Z-2002-02, and approve the Tentative May 19, 2003 Cupertino City Council Page 9 Map TM-2002-02 as mended in the discussion of the use permit. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok The conditions of approval were amended as follows: · In the title of Planning Commission resolution No. 6183 and in condition number two (development approval), change the number of total units fi.om 217 to 142 units with a proviso that the revised townhouse plan for building R-1 and the detached caf~ shall return to the Planning Commission and City Council for final approval · In condition number four (use permit period) change the effective period fi.om six years to "seven years fi.om completion" · In condition number nine (for-sale condominiums) change it to read: "R-1 and R- 2 shall consist of for-sale town-homes or condominium units" · In condition number 16 (shared parking agreement) add a statement that "the number of parking spaces may be reduced to reflect the reduction in housing units on a proportionate basis" · In condition number 19 (on-street parking along Torte Avenue) add a paragraph c. to say, "The applicant shall install paving at the intersection of Town Center Lane and Torte Avenue and work with staff on the final design" · In condition number 21 (traffic calming along Rodrigues Avenue and Pacifica Drive) strike the words, "on-street parking (to off-set parking deficiencies)" in the first sentence · In condition number 43 (improvement agreement) reduce park fees to reflect the reduction in the number of residential units (Public Works Director Ralph Qualls clarified that the amount currently listed is an approximate amount only) · The infrastructure of the linear park shall be designed to accommodate community events subject to review by the City staff · Add condition number 54 (provision for recycling) to include garbage receptacles and bottle and can receptacles for recycling The City Clerk read the title of the ordinance. SandovaFLowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Council was in recess fi.om 10:10 p.m. to 10:20 p.m. James/Sandoval moved and seconded to adopt a mitigated negative declaration. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. At 10:25 p.m. Deputy City Attorney Eilecn Murray left the room and City Attorney Charles Kilian returned. May |§, 2003 Cupertino City Council l~age 10 UNFINISHED BUSINESS 14. Reconsider denial of Application U-2002-11 and EA-2002-23, Freiheit & Ho Architects, Inc., for a Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill), and construct a 120 - room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard, APN 326-10-064. (Continue to June 2 at the request of the applicant). The Council members were provided with a letter dated May 14 fi.om Mr. J. R. Rodine requesting that this item be rescheduled. Council concurred to continue this item to June 2 as requested by the applicant. NEW BUSINESS 15. Approve the minutes from the April 7, 15, 21 City Council meetings. Councilmember Dolly Sandoval said she accepted the changes that the City Clerk had made to the minutes on her behalf, except that she wanted to attach the verbatim wording of speakers Pat and Barbara Rogers to the April 2 lmeeting. City Attorney Charles Kilian referred to the staffreport and explained the different kinds of minutes, including verbatim, summary, and action. He said that the Council had taken an action in January of 2002 to have action minutes prepared if the meetings were televised. For those meetings that were not televised, the Council gave the City Clerk discretion to summarize the points made. He said that the Clerk has done mostly expanded, action minutes by adding a few sentences to give the flavor of what transpired. He said that the Council could attach verbatim statements to the minutes if it desires and make exceptions to its action-minutes-only policy. Sandoval/Chang moved and seconded to attach the verbatim statements to the minutes of April 21. James said that since Council had never done this before, she had some concerns. She said that ifa narrative was to be done about this issue, than a narrative should be done for everyone who spoke to the issue, and not just certain individuals. Lowenthal said that opposed selecting sections to prepare verbatim minutes and said that could be used as a political tool. Chang reiterated Sandoval's comments that the original minutes were not reflective of the comments made. He suggested the Council vote on whether to direct the Clerk to add a few more sentences to give more of the flavor of the comments made. He didn't see a problem in attaching the verbatim transcript, however, and that the other comments on this issue could be attached verbatim as well. May 19, 2003 Cupertino City Council Page 11 City Manager David Knapp said that the first amendment preserves the right of any citizen to say whatever he or she likes, but that it doesn't automatically qualify it to be memorialized in more detail than it already is in the minutes. He said a videotape of the meeting is available for review to anyone. He said he was concerned about workforce morale and overall efficiency of the organization being compromised due to conflict at the policy level. He said that the nature of some of the verbatim comments were of a personal attack and felt that the conflict may continue if the comments are included in their entirety. Sandoval amended her motion to approve the April 7 and 15 minutes with the amendments as shown. Lowenthal seconded the motion. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. James/Lowenthal moved to approve the minutes of April 21 with the amendments as recommended by the City Clerk. Vote: Ayes: Chang, James, Lowenthal. Noes: Sandoval. Absent: Kwok. 16. Consider changing the start time of the budget study session on May 27 fi.om 4:30 p.m. to an earlier time (requested by Mayor Chang and Council member Sandoval). The Council members concurred to begin the meeting at 3:00 p.m. instead of 4:30 p.m. 17. Consider whether to reconsider the decision to leave the donor names and the dollar amounts to the discretion of the Library Foundation Committee (requested by Council member James). The agenda was re-ordered, and this item was taken up after item No. 4. ORDINANCES 18. Conduct the second reading of Ordinance No. 1918: "An Ordinance of the City Council of the City of Cupertino amending Section 10.60.060 (A)(4) of the Cupertino Municipal Code regarding the abatement of graffiti." Administrative Services Director Carol Atwood said that Mayor Chang had previously expressed a concern that the graffiti abatement cost passed onto a citizen may be prohibitive. She said that no situation has occurred yet where the City had to bill a citizen, but rather graffiti on private property has been voluntarily cleaned up by the property owner. She said that the purpose of the ordinance is to make it consistent with the current fee schedule, which is intended to recover costs. Sandoval/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. May 19, 2003 Cupertino City Counc{1 Page 12 SandovaVLowenthal moved and seconded to enact Ordinance No. 1918. Ayes: Janlcs, Kwok, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. STAFF REPORTS 19. Receive a monthly status report on the Cupertino Civic Center and Library Project. City Manager David Knapp said that Phase I of the project is about 95% complete. The bid opening June 10 and the award of the contract is scheduled for the June 16 meeting. 20. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood said that total General Fund revenues, exclusive of operating transfers in from other fimds, are up about $700,000 compared to last year's actual figures. She said it is still below original budget projections, but is improving. She said that sales tax frcm April 30th to date is down by $25,000, and Transient Occupancy Tax is up $50,000. She also said that the General Fund has received an increase from the Enterprise Funds but there is also a shortfall from the expectation of receiving Park Acquisition funds. Atwood said that expenditures are down 2% from last year and if that trend continues it may save about $500,000; however, the budget is tight for the next fiscal year and some service items have been cut. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including meetings of the Audit Committee, 5C's, the Silicon Valley Manufacturing Group, the Santa Clara County Cities Association, and the Leadership Cupertino committee. Council members also discussed the success of the CREST awards ceremony, the Silicon Valley Korean School annual picnic, the World Journal Mother's Day Festival, an award to the city for accounting excellence and a federal grant requested fi-om Homeland Security by the Santa Clara County Emergency Preparedness Commission. CLOSED SESSION - None ADJOURNMENT At 10:55 p.m.p.m, the meeting was adjourned to 3:00 p.m., Tuesday, May 27 in City Hall Conference Room C for an advisory study session regarding the 2003-04 budget, 10300 Torre Avenue. Kimberly Smith, City Clerk May 19, 2003 Cupertino City Council Page 13 For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. DRAFT CITY OF CUPE INO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, May 27, 2003 ROLL CALL At 3:05 p.m., Mayor Chang called the meeting to order in Conference Room C, 10300 Torte Avenue, Cupertino. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. James/Lowenthal moved and seconded to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and Deputy City Clerk Grace Johnson. 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. Authorize additional construction contingency for the contract for 2002 Annual Overlay, Project No. 2002-04, in the amount of $85,000.00, to cover the installation of handicap ramps. Resolution No. 03-097. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 03-097. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None STUDY SESSION 2. Study session on the 2003-2004 budget. Kathy Stakey, representing the Cupertino Library Commission, spoke about the proposal to reduced hours at the library. She suggested funding the hours, especially on Sunday, May 27, 2003 Cupertino City Council Page 2 from the Fourth of July fireworks celebration fund which is currently has $70,000. She distributed a handout titled, "Proposed Cupertino Extra Hours Cost." City Manager David Knapp highlighted the budget status and the prognosis for next year. His comments included: · Reducing funds for extended library hours, City Channel, website, capital improvements, sidewalk maintenance, park and street maintenance, travel and meeting costs, and the recreation program · A hiring freeze on vacant positions · The City needs to make up $200,000 by the end of the year · The City is trying to minimize reductions as much as possible · The budget message next year will be similar to this year Administrative Services Director Carol Atwood distributed a PowerPoint presentation and a handout titled, "City of Cupertino Budget Cuts to Date." Using the PowerPoint presentation, she highlighted the study session discussion goals as follows: · Budget projections 2002-03 · Reserve policy of $15 million · Budget projections 2003-04 · Assumptions for 2003-04 · Re-assess revenue/expense/CIP strategy Atwood further highlighted the following topics via PowerPoint: · Revenues "at risk" · State take-away strategy > $2 million · Revenue strategies · Department operating budgets · General Fund expenditures · Proposed programs May 2'J, 2003 Cupertino City Council Page 3 Council discussed reductions and additions to the current budget. They concurred on the following: Reductions Current Budget Proposed Cut ~ Teen Comm. 19,647 5,000 14,647 Misc. Telecom. Comm. 72,919 12,000 60,919 Grants Fine Arts Comm. 29,000 16,500 12,500 Grants CM Contingency 30,000 15,000 15,000 Misc. QCC fixed assets 118,000 80,000 38,000 Furniture 4th of July 02-03 33,629 30,629 3,000 Fireworks 4th of July 03-04 56,600 50,600 6,000 Fireworks Festival support 37,500 0 37,500 Chamber of Commerce 15,000 0 15,000 Memberships 28,000 0 28,000 (LCC/ABAG/SCCCA) Total Reductions 209,729 Additions Current ~ Proposed Cut Remainin Bud et Leadership Cupt. 10,000 8,000 18,000 (TLT) Sunday library hrs. (4)0 84,000 84,000 DeAnza PEG Ch. 45,000 0 45,000 2"d School Res. Off. 82,000 82,000 164,000 (one full year) Bike/Ped safety prog. 0 5,000 5,000 Net Budget Savings 30,729 Public Works Director Ralph Qualls briefly discussed the CIP project scope. ORAL COMMUNICATIONS - None ADJOURNMENT At 6:18 p.m. the meeting was adjourned to Monday, June 2, at 5:30 p.m., for a meeting with Supervisor Liz Kniss. The meeting will be held in Conference Room C, 10300 Torre Avenue, Cupertino. Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are i ' available for review at the C ty Clerk s Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.or~. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITYOF CU? NO DRAFT MINUTES DRAFT CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, June 2, 2003 CALL TO ORDER At 5:43 p.m., Mayor Michael Chang called the meeting to order in City Hall Conference Room C, 10300 Torte Avenue, Cupertino. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. James/Lowenthal moved and seconded to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. MEETING WITH SUPERVISOR LIZ KNISS - 5:30 p.m. - Conference Room C 1. Discuss issues in Cupertino. Supervisor Liz Kniss was accompanied by policy aide Pattie Christman. She gave an update on the County's current economic status and the Board of Supervisor's plans to address the current budget shortfall as well as future impacts fi.om the State of California's budget shortfall. She said that she could see no negative economic ramifications for the Cupertino Library and Sheriff services at this time. Discussion followed regarding plans for a ballot measure to extend financial support for the library system, and differences in development standards between the City and the County. Supervisor Kniss said she would provide the Council with information about any plans for the quarry areas, whether library hours can be reassigned to other days, and a list of the County's property holdings and their value. Susan Sievert, Cupertino resident, spoke of the importance of retaining a neighborhood identify for Monta Vista if it were to become annexed by the City of Cupertino. June 2, 2003 Cupertlno City Council Page 2 RECESS Council was in recess from 6:40 p.m. to 6:50 p.m. PLEDGE OF ALLEGIANCE At 6:55 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Senior Planner Vera Gil, Senior Building Inspector Greg Casteel, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Albert Lee identified himself as the co-president of the Organization of Chinese Americans (OCA), Silicon Valley Chapter, a nonprofit advocacy organization with 44 chapters across the United States. He referred to a San Jose Mercury News editorial about Vice-Mayor James and library fundraising, and said he objected to her choice of words, "these people," "those people," and "my population." Vice-Mayor James said she had met twice with Mr. Chan, and they had discussed the library naming issue, among other projects. She said that Mr. Chan did not believe this was a racial issue, he understood the need for a policy and a process, and he was still interested in contributing to the project. She said she used the words "my population" to refer to all the residents of Cupertino. She encouraged Mr. Lee to not believe everything reported in the paper. James also read an email from a person who said he was an Asian American who had objected to the events reported in the articles, hut after watching the tapes and reviewing her voting record, he agreed her comments were taken out of context and he apologized. Lynette Lee Eng, co-president of the OCA, Silicon Valley Chapter, said that Vice-Mayor James had demonstrated a lack of sensitivity to the community and intolerance to the city's changing demographics. She asked for an apology to the Asian Pacific American commtmity, and June ~, 900~ Cupertino City Council Page 3 recommended the Council members take part in diversity training. She said the OCA would like to educate the Council in the impact of current initiatives regarding civil rights. Anita Yee, Cupertino resident and treasurer of the OCA Silicon Valley Chapter, said she appreciated James's statement, but would proceed to read comments that were written before James spoke. Ms. Yee said that the good intentions of donors in a bad economy should not be questioned where education and teacher funding is threatened. She said publicity may have been unfairly written, but readers are potential donors, and she asked what steps Council will take to address the impression that has been made. Richard Madden said his Imperial Avenue house recently blew up as a result of a damaged gas line. He thanked the City of Cupertino, the County Sheriff's Office, and County Fire for their help to him and his wife, and for protecting the lives of other residents. He said he appreciated the City's emergency response training program (CERT), which made it possible for him to deal with the emergency. He thanked the people of the community who offered their help and support, many of whom he has never met. Bob Hendrickson, 10535 Mira Vista Avenue, said that when someone does not understand a remark, they should ask the speaker for an explanation instead of going to the news media. Mayor Michael Chang said that since Vice-Mayor James made a statement of clarification, he would so as well. He said that, speaking on behalf of himself, people shouldn't make assumptions that council went to the news media to stir things up. Council member Lowenthal said that the reporter who wrote the article had asked him if it were a racial issue, and he told her twice that it was not. He said that he was not quoted in the article. Jan Black, 20118 Garden Drive, said the recent San Jose Mercury News articles regarding divisiveness and racism irritated him, and that playing the race card would cause a backlash. He said that Vice-Mayor James had a right to her comments, and he did not feel there was any racial intent. He offered his recommendations for a naming policy, which would include being a long- time Cupertino resident who had made major contributions in the cultural, social, educational, or business fields. Cathy Gatley said that when Vice-Mayor James questioned the naming of a public building, she was called names, but at other times a Council member represents only one group, and no one notices. She said another example occurred at Monta Vista this year at the graduation ceremony when there were six speakers, who were all Asian. She said it was good they were there, but that diversity should go both ways. June 2, 2003 Cupertino City Counc{1 Page 4 Dean Sayre, 10805 S. Stevens Canyon Road, complained about the poor quality of the Stevens Canyon Widening project, and said that the $1.3 million had created only a cosmetic change without improving safety, as well as creating a number of problems for the neighbors. Justin James, 640 Graham Hill Road, said that he was the son of Vice-Mayor James. He asked Mayor Chang if the Mayor thought Sandy James was racially biased in any way. Mayor Chang said that he was troubled by the comments she had made, and that different people could interpret the things she said differently. Justin James said he didn't know why the Mayor wouldn't say in front of everyone that Sandra James is not a racist, when Chang had told him that in the hallway just before the meeting. Justin James also asked Council member Sandoval the same question. Sandoval said she did not think Vice-Mayor James is a racist. Sandoval said that she was approached by the media, and before she spoke to them, she and Vice-Mayor James had discussed the intent and interpretation of comments made by James about the Library naming, and they have differing opinions. Sandoval said for the record that when a person has experienced discrimination, whether trying out for a speech for a high school graduation, or trying out for a job, or in the case of sexual harassment, it sometimes doesn't come down to the fact of exactly what was said, but it comes down to the intent or the perception. Justin James said the real issue was the need for a process to name a public building in the city. He cited the example of PacBell Park, which had no process for removing the Enron sign, which then remained on display through the end of the World Series. Mayor Chang agreed that a policy is needed which would be fair to all who wish to donate to the city. Sandra James said that the issue she raised was about a deal that had been made without public scrutiny, which she felt should have been done in public. She said there should be a policy and a process in place, and then the public can decide whether to name the public buildings or not. Julin Lu, 147 Cast Road, Mountain View, said that he was with OCA and that they were objecting to Sandra James' remarks which they felt were offensive and biased, and he urged citizens to demand an apology. Dennis Whittaker, 20622 Cheryl Drive, said that he was the person who initially raised concerns about naming public buildings when he talked about the keynote speaker at Pepperdine University who was indicted by the Securities and Exchange Commission (SEC) two months after his keynote speech. Whittaker apologized to the Council and to the audience, and said that he accepted responsibility for starting the controversy. Rich Abdalah, 1019 Crooked Creek Drive, Los Altos, said that on March 17, the Council voted to accept a monetary gift to name the building but there had been no public notice and he asked why the identity of the donor was kept secret. Sandoval clarified that the Council didn't vote to accept a donation, but instead voted 4-1 to accept a listing given by the Library Foundation to accept contributions. She said that in July, the Council voted unanimously to offer the community hall as one of the naming opportunities for which the Foundation could raise funds. June 2, 2003 Cupertlno Clty Council Page Council asked the City Attorney Charles Kilian for his recollection. Kilian said he recalled saying on March 17 that before a name went on any building that Council must vote to appropriate money for the plaque, among other things, and that the decision Council made that evening was more in the nature of direction to a committee to fundraise. Kilian said that the name of a particular person wouldn't be relevant until the time Council actually accepted and appropriated the money. Chang said that the naming list was tman'lmously approved in July 2002, and was later revised by the Council, and there was no deal. James disagreed and said that the record indicates that Lowenthal said that "A deal was made and it couldn't be reneged." Amber Lindsay said that she is Sandra James' daughter. She asked Mayor Chang what he meant when he used a phrase about the "well being poisoned" or "tainted." Chang said that James had used a negative and combative posture and it halted the fundraising campaign because people's names had been paired with potential or past criminals. CONSENTCALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. 2. Approve the minutes from the May 5 and 12 City Council meetings. Adopt resolutions accepting Accounts Payable for May 16 and May 23, Resolution Nos. 03-098 and 03-099. 4. Adopt a resolution accepting Payroll for May 23, Resolution No. 03-100. 5. Approve public access producer grants. Formally appoint Council member Richard Lowenthal "Ex-Officio" member and Carol Atwood as a staff altemate to the Silicon Valley Animal Control Authority (SVACA) Board. A) B) Adopt a resolution to approve the agreement for the countywide AB 939 implementation fee, Resolution No. 03-101 Adopt a resolution to approve the agreement for countywide household hazardous waste collection services, Resolution No. 03-102 Accept city projects performed under contract: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2002-02. (No documentation in packet). Authorize execution of improvement agreement: Richard J. Perez and Grace Perez, Husband and Wife as Joint Tenants, 10091 Byrne Avenue, APN 357-11-005, Resolution No. 03-103. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) June 2, 2003 Cupertino City Council Page 6 PUBLIC HEARINGS 10. Consider the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans. Consultant Diana Elrod reviewed the Consolidated Plans and the Citizen Participation Plan. Senior Planner Vera Gil reviewed the purpose of the one-year action plan. At 8:10 p.m. the public hearing was opened. There were no speakers, and the heating was continued to June 16. 11. Consider abating a public nuisance regarding substandard structure, overgrown vegetation, abandoned cars, and debris at 10467 Glencoe Drive, APN 326 30 106, Mr. Robert T. Damask, property owner, Resolution No. 03-104. Senior Building Inspector Greg Castillo gave a slide presentation illustrating the damage to the property. He said he had been working with the property owner for several months regarding the abatement of the public nuisance for several months, but Mr. Damask was no longer responding. Notice of this meeting had been sent to his last known addresses, at this location and in Palo Alto. The property had also been posted with a notice. Pat Koren, a resident of the neighborhood, said she had complained to the County of Santa Clara about the maintenance of this house and property when she moved in 19 years ago. She said she was in favor of its demolition. James/Sandoval moved and seconded to adopt Resolution No. 03-104. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. 12. Consider the 2003-04 budget. Administrative Services Director Carol Atwood repeated the slide presentation she had made at the budget study session of May 27. She said that in March staff presented mid-year cuts of approximately $1.4 million primarily due to the recession and decline in revenues. This fiscal year, the City may have to dip into its economic uncertainty reserve, although savings from departmental budgets may help. She said the reserve policy is $15 million consisting of a $5 million Capital Improvement Project (CIP) reserve, a $2.5 million economic uncertainty reserve number one, and a $7.5 million economic uncertainty reserve number two. Council has dipped into the CIP reserve by $5 million to fund the 5-year CIP, primarily the library, and that the city will replenish those reserves before spending additional money on new capital improvement projects. Atwood said that for the projected 2003-04 budget, the City is looking at actual reduced operating expenditures. The assumption is that the economic downturn will continue and there are no new revenue sources on the table. The revenue at risk from the state is June 2, 9005 Cupertino City Council Page 7 expected to be about $2 million, but more infon'nation will be available November. She said that expenditure budgets have been reduced from prior years and this year, the City has had to cut services. If the state takes away more than $2 million, the City will look at layoffs and service reductions similar to those of neighboring cities. Atwood discussed revenue strategies, including a city-wide fee analysis to re-cap the cost to provide service to the residents and requiring permits for oversize load vehicles to help pay for street repair. The public hearing was opened at 8:38 p.m. Shelia Mohan, representing the Library Commission, thanked the Council for amending their budget to continue to provide financial support for 4 hours at the Cupertino Library every Sunday. The public hearing was continued to June 16. PLANNING APPLICATIONS - None UNFINISHED BUSINESS 13. Reconsider denial of Application U-2002-11 and EA-2002-23, Freiheit & Ho Architects, Inc., for a Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill), and construct a 120 - room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard, APN 326-10-064, Resolution No. 03-107. (Continued from May 19). Senior Planner Aarti Shrivastava reviewed the staff report. Council received the following materials at the dais: (1) A letter dated May 31 from the Hilton Garden Inn, requesting that Council deny the reconsideration request; (2) An email dated June 2 from Darryl Stow in support of the application by Extended Stay America; (3) An email dated June 2 from Lisa Kershner of the Cypress Hotel asking that the application be returned to the Planning Commission for review; and (4) A hard copy of the slide presentation given by the application later in the evening. Mr. Steve Peters, representing the applicant, gave a slide show illustrating the changes that had been made in the project and described various options. He said that if this project were to be approved, they would agree to not open for business until 2005 and to work with other hotels to refer guests back and forth. He said that staff's revised Condition No. 4, pushing the top floor back, would not be feasible. They do accept the suggestion to work with the Design Review Committee to add additional canopies. He said they also wish to work with the City Attorney to determine a method to retain transient occupancy tax (TOT) revenues for extended stays, and he asked that any revisions to this project be returned directly to the City Council and not the Planning Commission. June 2, 2003 Cupertlno City Council Page 8 The following individuals spoke in opposition to the Extended Stay America Hotel. Their comments included a request that the hotel require the same level of architectural standards and quality of service as other local hotels; the feeling that a hotel of this type is not of the appropriate caliber for Cupertino; concern about poor occupancy rates and increased competition causing a drop in room rates and a resultant drop in transient occupancy tax revenues for the city; objection to the size and architecture of this building at a Cupertino gateway; and that support is needed to keep existing hotels healthy. Uma Krisman, (comments made in writing) Steve Torres, Joie de Vivre Hospitality Lisa Kershner, General Manager, Cypress Hotel David Powell, Sales Manager, Cypress Hotel Peter Ferretti, Executive Assistant manager, Cypress Hotel Peggy Chen, Property Controller, Cypress Hotel Georges Rubio, Director of Sales and Marketing, Cypress Hotel Barbara Perzigian, General Manager, Cupertino Inn Sheila Leimer, Director of Sales, Cupertino Inn Michael McClintock, General Manager, Hilton Garden Inn Dennis Whittaker, 20622 Cheryl Drive, said he was speaking on behalf of Concerned Citizens of Cupertino (CCC) and himself. He said he believed the economy would improve, and that the CCC does not oppose the plan or the building or its height, but they were concerned about the massing of the building. They felt it should go back to the Planning Commission to insure that all procedures were correctly followed. Carl Hays, franchisee of Outback Steakhouse, spoke in favor of the hotel project. He said this was a valuable project and that it would provide a different product to the community. Paul Weir, Facilities Manager at Net Manage, spoke in favor of the project. He said they were closing other buildings and negotiating a long-term lease at their Cupertino site, so many people will be coming here for training. In the past he had to send them to other cities when the Cupertino Inn was booked. Mark Burns, President, Cupertino Chamber of Commerce, said the Chamber supported open market competition and they felt that the economy is not an appropriate factor in the decision on this project. John Noone, 7628 Wes Hill Lane, was in favor of the fourth floor setbacks. Michael Del Monaco, the property owner, said that when the Santa Barbara Grill closed for business he met with the Community Development Director and was told that a hotel use was preferred over condominiums or apartments. He said that the Planning Commission approved it, and he was never told there might be a problem with its approval. He said it has been three years since he received any rent on this site, and to lose this project now would be a financial disaster for his family. June 2, 2003 Cupertino C{ty Counc{1 Page 9 Chang said that since this is the first building to be seen at the gateway to Cupertino, the Planning Commission and City Council should carefully scrutinize it. He understood that reorienting it would not be feasible, but the side facing DeAnza Boulevard should be a maximum of three stories. He felt that the Council should require a higher quality of architecture and ongoing property maintenance. Lowenthal moved to accept Option A with the additional roof setback, including modifications to conditions 4 and 6 as recommended by staff, and to send this item back for Planning Commission review. James seconded the motion. Sandoval offered a friendly amendment to provide additional canopies and window modifications, and to return this item for City Council review after the Planning Commission heard it. The amendment was accepted, and the motion carded by the following vote: Ayes: James, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. Lowenthal/James moved and seconded to adopt a Negative Declaration. Vote: Ayes: James, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. NEW BUSINESS 14. Consider objections to proposed removal of brush and order abatement of public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 03-081, Resolution No. 03-105. There were no speakers. Sandoval/James moved and seconded to adopt Resolution No. 03-105 ordering the abatement of the public nuisance. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. 15. Consider adopting a resolution in support of acquisition of open space by the Mid- Peninsula Regional Open Space District (MPROSD), Resolution No. 03-106. Jed Cyr, MPROSD board member from Sunnyvale, and John Escobar, Assistant General Manager, explained the proposal to expand the district boundaries from Skyline Boulevard over to the coastline. Mr. Escobar said that the annexation of this property into the district would not produce additional revenues, but once the new lands are included, they expect that as much as 80% of the funding may be obtained from grants associated with habitat protection, etc. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 03-106 in support of this acquisition of open space by the MPROSD. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. 16. Reconsider the composition of the General Plan Task Force. City Planner Cynthia Wordell reviewed the recommendations in the staff report, which included allowing residents to fill the categories of Chamber of Commerce, Education, June 2, 2003 Cupertino City Council Page 10 Sheriff Department and Fire Department; to extend the filing deadline until June 13 for these categories; to eliminate the library category; and to schedule two interview dates to select Task Force members. The following individuals, representing the Cupertino Chamber of Commerce, expressed their support for removing the residency requirement for the task force: Jody Hansen Orfin Mahoney Mike Foulkes (representing the Chamber of Commerce and Apple Computer) Mark Burns Dennis Whitaker, 20622 Cheryl Drive, suggested that a new category of small business representatives be added since the category of Library Commission applicant may be removed. Community Development Director Steve Piasecki suggested adding a second representative from the Cupertino Teen Commission. Council discussion followed regarding options for changing the residency requirement for some or all of the categories, as well as options for conducting interviews, evaluating applications, or other methods of selecting the appointees. Mayor Chang felt it was very important that most of the representatives he residents of the City. James/Sandoval moved and seconded to make the following changes. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Where there is more than one representative listed in the following categories, the Council will consider non-resident applicants, with the preference given for residency and/or working in Cupertino: Educator Employee high-tech headqua:'ters Chamber of Commerce Major retail property representative Major office property representative Retail office developer Residential developer Sheriff's department Fire department Small business owners (added two); 2. Add a second representative from the Teen Commission. Specify that any positions left over from an unfilled category would go into the general discretionary pool to be appointed to other categories. June 2, 2003 Cupertino City Council Page 11 Council concurred to set a date of Monday, June 9 at 6:00 p.m. in Conference Room C to approve a questionnaire for the General Plan Task Force applicants, and to conduct a closed session regarding labor negotiations. ORDINANCES 17. Conduct the second reading of Ordinance No. 1919 regarding the Town Center: "An Ordinance of the City Council of the City of Cupertino rezoning six parcels totaling 12.368 gross acres parcel from P or (Planned Development with Office, Prototype Research and Incidental Commercial uses) P (OP) or Planned Development (Professional Office) to P (Commercial, Office, and Residential) or Planned Development (Commercial, Office, and Residential)." James/Lowenthal moved and seconded to mad the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. James/Lowenthal moved and seconded to enact Ordinance No. 1919 Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. STAFF REPORTS 18. Receive a monthly status report on the Cupertino Civic Center and Library Project. Council received the report. COUNCIL REPORTS - None CLOSED SESSION - None ADJOURNMENT At 11:43 p.m. the meeting was adjourned to Tuesday, June 3 at 5:00 p.m. in Cupertino City Hall Conference Room A for Teen Commission interviews, 10300 Torte Avenue. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITY CUPEP TINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, June 3, 2003 ROLL CALL At 5:10 p.m. Mayor Chang called the meeting to order in Conference Room A, 10300 Torte Avenue, Cupertino, Califomia. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Richard Lowenthal and Dolly Sandoval. Council members absent: Kwok. Staff present: City Manager David Knapp and Deputy City Clerk Grace Johnson. TEEN COMMISSION INTERVIEWS 1. Interview applicants for the Cupertino Teen Commission. Council interviewed 27 teens from grades eight through twelve. The following 7 individuals were appointed to 2-year terms: Raviv Rotem Cosmo Jiang Katherine Weng Page Dickson Alexander Cohn Irem Mertol Utsav Sohoni ADJOURNMENT At 8:15 p.m. the meeting was adjourned to Monday, June 9 at 6:00 p.m. in Conference Room C for a closed session regarding labor negotiations and to approve a questionnaire for General Plan Task Force applicants. Grace Johnson, Deputy City Clerk DRAFT CU?EI INO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday June 9, 2003 ROLL CALL At 6:05 p.m. Mayor Chang called the meeting to order in Conference Room C, 10300 Torre Avenue, Cupertino, California. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok. Lowenthal/Sandoval moved and seconded to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Finance Manager Carol Ferrell, Human Resources Manager Sandy Abe, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, and City Clerk Kimberly Smith. ORAL COMMUNICATIONS - None NEW BUSINESS Review questionnaire for General Plan Task Force applicants and provide direction to staff. Community Development Director Steve Piasecki distributed a summary listing of applicants for the task force. Council amended the questionnaire to include the following: Information about the category selected · The name of company or group represented · The applicant's phone number and email address · A space for other comments · A notation that the questionnaire will be a public record · More room on the page for each of the answers June 9, 2003 Cupertino City Council Page 2 The Council members asked that the completed questionnaires be provided to them in folders or binders. They concurred that they would rank all the candidates in each category, with the No. 1 ranking being their first preference, and that they would not consider the three applications that were delivered late. At 6:35 p.m., the Commtmity Development Director left the room. CLOSED SESSION Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, Carol Ferrell, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3, Cupertino City Employee's Association and the unrepresented employees Compensation program. At 6:35 p.m. Council went into closed session. They reconvened in open session at 7:05 p.m., and the City Attorney announced that the City Council had voted to support staff's recommendation on a tentative agreement for compensation for all employees, which will be described in a formal contract to be presented at the next City Council meeting. ADJOURNMENT At 7:05 p.m. the meeting was adjourned. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the open session are available for review at the City Clerk's Office, 777-3223. This meeting was not televised, but those meetings that are may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. DRAFT RESOLUTION NO. 03-108 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 MAY 30, 2003 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: D~rector of Adm~mstrat~ve Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June 2003 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 05/29/83 ACCO~/NTING PERIOD: 11/03 CITY OF CUPERTINO CHECK REGISTER - DISBI/RSEMENT FInD SELECTION CRITERIA: transact~trans date between "05/26/2003" and "05/30/2003" CASR ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601338 05/30/03 1695 3M 2708405 1020 601338 05/30/03 1695 3M 2708405 TOT~ CHECK 1020 601339 05/30/03 2110 ~C BACKFLOW TESTING REP 1108303 1020 601340 05/30/03 2825 ACADEMIC CHESS 5806349 1020 601341 05/30/03 13 AC~E & SONS S~ITATION C 5606640 1020 601342 05/30/03 2276 ~LH~RA 1106265 1020 601343 05/30/03 888 ~%LOHA POOL M3%Ih~TEN~kNCE I 5708510 1020 601344 05/30/03 2636 APWA 1108601 1020 601345 05/30/03 2636 APWA 1108601 1020 601346 05/30/03 M APT, VIRGINIA 580 1020 601347 05/30/03 57 ~R3~K 1104510 1020 601348 05/30/03 M SAEK, GWI 580 1020 601349 05/30/03 968 SAP ALr~O P~kRTS 6308840 1020 601349 05/30/03 968 SAP AL~O P~kRTS 6308840 TOT~ CRECK 1020 601350 05/30/03 720 BATTERY SYSTEMS 6308840 1020 601351 05/30/03 2933 BAY GL~S COMP~XPf 1108504 1020 601352 05/30/03 2895 BROWING-FERRIS INDUSTRIE 5208003 1020 601353 05/30/03 1066 BROWNING-FERRIS IB~DUSTRI 5208003 1020 601354 05/30/03 M Bean, Marylu 550 1020 601355 05/30/03 127 IHE CALIFOP~NIA C~%NNEL 1103500 1020 601356 05/30/03 2717 C3kMPBELL OVERHEAD DOOR, 1108303 1020 601357 05/30/03 149 CASH 6104800 1020 601357 05/30/03 149 CASH 1108601 1028 601357 05/30/83 149 CASH 2204018 1020 601357 05/30/03 149 CASN 1108601 1020 601357 05/30/03 149 C~H 1107200 1020 601357 05/30/03 149 CASH 1103300 1020 601357 05/30/03 149 CASR 1101000 TOTkL CHECK PAGE I ..... DESCRIPTION ...... SALES TAX AMOUNT SUPPLIES 0.00 263.90 SCOTCHLITE SHTG 15" 0.0o 284.16 0.00 548.06 REGULATOR L&M 0.00 800.00 SERVICE AGREEMENT FOR 0.00 8493.33 FY 2002-2003 OPEN PL~C 0.00 168.83 WATER DELIVERY AND DIS 0.00 56.75 MAY MONTHLY M~INT g.00 367.80 V GUAPO 5/22 CLASS 0.00 150.00 CEU 5/22/03 pL~ RESPO 0.00 11.00 Refund: Check - SPRING 0.00 40.00 SMP COFFEE 8.00 377.41 Refund: Check - SLUR 0.00 394.00 FY 2002 2003 OPEN PLPRC 0.00 128.12 FY 2002-2003 OPEN PL~C 0.00 77.29 O.O0 205.41 FY 2002-2003 OPEN PUNC 0.00 86.49 DOUBLE PANE TEMPERED W 583.68 10058.68 APRIL 03 VOLU~E 0,00 115194.20 APRIL RECYCL~LE 0.00 624.05 Refund: Check - Sirens 0.00 47.00 SUBSCRIBER COUNT MAY 0.0O 253.34 NEW DOOR P&R TUFFSHED 0.00 525.00 5/14-28 PETTY C~H 0.00 42.22 5/14-28 PETTY CASH 0.00 38,65 5/14-28 LC BKFT MTG 0.00 77.36 5/14-28 PETTY C~R 0.00 9.74 5/14-28 PETTY C~H 0.00 19.00 5/14-28 PETTY CASH 0.00 7.78 5/14-5/28 PETTY CASH 0.00 35.00 0.00 229.75 RUN DATE 05/29/03 TIME 12:29:40 - FIN~CI~ ACCOUNTING 05/29/03 CITY OF CUPERTINO ACCOI~TING PERIOD: 11/03 CHECK REGISTER - DISBLrRSEMENT FL~ SELECTION CRITERIA: transact.trans_date between "05/26/2003" and "05/30/2003" FLR~D ~ 110 - GENERAL FI/ND C~R ACCT CHECK NO 1020 601358 1020 601359 1020 601360 1020 601361 1020 601362 1020 601363 1020 601364 1020 601365 1020 601366 1020 601367 1020 601368 1020 601368 TOTAL CHECK 1020 601369 1080 601370 1020 601371 1020 601371 1020 601371 1020 601371 1020 601371 TOT~ CHECK 1020 601372 1020 601373 1020 601374 1020 601375 1020 601376 1020 601377 1020 601377 TOTA~ CHECK 1020 601378 ISSUE DT .............. VENDOR ............ FUND/DEPT 05/30/03 M CHUG, LIHSUEN 580 05/30/03 M CHEN, KUAN-LOEN 580 05/30/03 2871 JACKSON CHOW 5806349 05/30/03 2962 CIRCUIT CITY 1106265 05/30/03 M2003 CITIES ASSOCIATION 1101000 05/30/03 M2003 C~TA 1104200 05/30/03 2857 CONC~3R INC 2159620 05/30/03 183 COTTON SHIRES & ~SO INC 2109612 05/30/03 187 ~Y J CR~WFORD 5806349 05/30/03 197 CTC FLR~DING, LLC 1101500 05/30/03 191 CUPERTINO CFL~ER OF COM 1101000 05/30/03 191 C~PERTINO C}~ER OF COM 1103300 05/30/03 M2003 CUPERTINO HOTEL ASSOCIAT 110 05/30/03 192 C~3PERTINO MEDIC~kL CEN~ER 5806449 05/30/03 198 CUPERTINO %~ION SC~L DIS 5806449 05/30/03 198 CUPERTINO UNION SCHL DIS 5806449 05/30/03 198 CUPERTINO UNION SCRL DIS 5806449 05/30/03 198 CUPERTINO UNION SCHL DIS 5806449 05/30/03 198 CUPERTINO UNION SCHL DIS 2308004 05/30/03 M Cha~erlin, Louise 550 05/30/03 2085 DB PROMOTIONS 1103300 05/30/03 208 DE ANZA COLLEGE MEDIA CE 1101031 05/30/03 209 DE A~ZA SERVICES INC 5606620 05/30/03 1354 DIRECT SAFETY COMP~NY 1108303 05/30/03 1569 DLT SOLUTIONS 6104800 05/30/03 1569 DLT SOLL~IONS 6109856 05/30/03 240 ELIZABETH A~ ELLIS 1101070 .... DESCRIPTION ..... S~ES TAX Refund: Check - SU~ER Refund: Check - SPRING SERVICE AGREEME~ FOR COBRA TWO WAY R~IOO D SANDOV~L 6/12 T ~AO MTG 6/6/03 SERVICE AGREEMEN~ FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR LEASE AGREEMEA~T FOR OF D SANDOVAL 5/2/03 SEMI ~/~NUkL CONTRACT REFN RCPT 18936 PPD HI/LTIQUIST/SMITH RENTAL OF ~NNEDY JR H RENTAL OF KENNEDY JR N RENTAL OF KENNEDY JR H RENTkL OF KENNEDY JR N CRK TRIP 10/1/02 Refund: Check - Ttaly CREST AWARD CRYSTkL S 4TR QTR PUBLIC ACCESS JARITORIAL SVC 4/26 SUPPLIES QUOTE#600405 5t~PGUIDE QUOTE#600405 ~t~PGUIDE 1/13-4/28 TPJ%NSCRIPTI PAGE 2 AMOUNT 0.00 54.00 0.00 100.00 0.00 6006.66 0.00 957.94 0.00 55.00 0.00 25.00 0 . 00 13848 . 50 0.00 1585.50 0.00 1036.73 0.00 4569.00 0.00 7.00 0.00 7217.00 0 , 00 7224 . 00 0.00 30000.00 0.00 30.00 0.00 223,24 0.00 216.42 0.00 5.00 0.00 189.14 0.00 124.38 0.00 768.18 0.00 175.00 0.00 103.63 O.00 25499.25 0.00 210.00 0.00 178.33 0.00 792.96 0.00 2596 . 34 0.00 3389.30 0.00 2550.00 RUN DATE 05/29/03 TIME 12:29:41 05/29/03 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FI/ND SELECTION CRITERIA: transact.trans_date between "05/26/2003" and "05/30/2003" CASH ACCT CRECK NO 1020 601379 05/30/03 2911 ENVIRONMENTAL ASSIST 6308840 1020 601380 05/30/03 250 EUPH}{AT MUSEUM OF ART 5806349 1020 601381 05/30/03 253 EXCFLANGE LINEN SERVICE 5506549 1020 601382 05/30/03 2589 JOHN FEEMSTER 5506549 1020 601383 05/30/03 2361 FIRST BANKC~d~D 1108504 1020 601383 05/30/03 2361 FIRST B~KC~ 1108501 TOTAL CHECK 1020 601384 05/30/03 2361 FIRST B~2~KCARD 1108501 1020 601384 05/30/03 2361 FIRST BA/~KCARD 1108504 TOTAL CHECK 1020 601385 05/30/03 2361 FIRST BANKCARD 1108504 1020 601385 05/30/03 2361 FIRST B~NKC~2~D 1108505 1020 601385 05/30/03 2361 FIRST BANKCARD 1108501 TOTAL CHECK 1020 601386 05/30/03 2361 FIRST BA~NKCAP~D 1103300 1020 601386 05/30/03 2361 FIRST EANKC~D 1101000 1020 601386 05/30/03 2361 FIRST B~/qKCARD 1101000 1020 601386 05/30/03 2361 FIRST B~NKCARD 1101000 1020 601386 05/30/03 2361 FIRST BANKCARD 1103300 TOT;LL CHECK 1020 601387 05/30/03 2361 FIRST BANKCA~D 1108504 1020 601388 05/30/03 2361 FIRST BA/qKCARD 1108504 1020 601388 05/30/03 2361 FIRST BANKCARD 1108501 1020 601388 05/30/03 2361 FIRST B~/qKCJ~RD 1108303 TOTAL CHECK 1020 601389 05/30/03 M FREUDENSTEIN, RAQUEL 580 1020 601390 05/30/03 296 K~EN GOTTLEIB 5806449 1020 601391 05/30/03 298 GP3%INGER INC 1108501 1020 601391 05/30/03 298 GP~INGER INC 1108315 1020 601391 05/30/03 298 GRAINGER INC 1108303 1020 601391 05/30/03 298 GRAINGER INC 1108315 1020 601391 05/30/03 298 GP~INGER INC 1108315 1020 601391 05/30/03 298 GR~INGER INC 2708405 TOTAL CHECK 1020 601392 05/30/03 301 1020 501393 05/30/03 325 GRAYBAR ELECTRIC CO INC 1108503 DANIEL HEDDEN 1106500 .... DESCRIPTION ...... SALES TAX AMOUNT RECYCLING SERVICE 0.00 692.11 SERVICE AGREEMENT FOR 0.00 4960.66 LINEN SVC 0.00 29.13 SERVICE AGREEMENT FOR 0.00 400.00 STMT 5/19 0.00 90.75 STMT 5/19 0.00 67.87 0.00 188.62 STMT 5/19 0.00 15.92 STMT 5/19 O.O0 575.57 O.OO 591.49 STMT 5/19 0.00 434.41 STMT 5/19 0.00 -19.45 STMT 5/19 0.00 44.73 0.00 459.69 CREST AWAMD SL~L NU 0.00 74.46 RECEPTION TEEN FORUM 0.00 429.73 TEEN FORUM DIDDAMS 0.00 37.74 TEEN FORUM SUPPLIES 0.00 40.41 AA CAPIO TRIP 0.00 110.00 0.00 692.36 STMT 5/19 0.00 114.48 STMT 5/19 0.00 281.61 STMT 5/19 0.00 50.84 STMU 5/19 0.00 162.26 0.00 494.71 Refund: Check - SPRING 0.00 36.00 SERVICE AGREEMENT FOR 0.00 1500.00 FY 2002-2003 OPEN pURC 0.00 433.55 DP~FTING STOOL GR3%Y 0.00 383.05 PADLOCK CARLE 0.00 282.64 VOLTAGE TESTER 0.00 500.32 SUPPLIES LAMINATE 0.00 541.76 FY 2002-2083 OPEN PURC 0.00 311.90 0.00 2453.22 GEN SUPPLIES 0.00 57.14 SERVICE AGREEMENT FOR 0.00 225.00 RGN DATE 05/29/03 TIME 12:29:41 05/29/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISB~/RSEMENT FUArD SELECTION CRITERIA: transact.trans_date between "05/26/2003- and "05/30/2003" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 601394 1020 601394 TOTAL CRECK 1020 601395 05/30/03 2612 1020 601396 05/30/03 1898 1020 601396 05/30/03 1898 TOTAL CHECK 1020 601397 05/30/03 346 1020 601398 05/30/03 2528 1020 601398 05/30/03 2528 1020 601398 05/30/03 2528 1020 601398 05/30/03 2528 1020 601398 05/30/03 2528 TOTAL CHECK 1020 601399 05/30/03 2392 1020 601400 05/30/03 2285 1020 601400 05/30/03 2285 TOTAJ~ CHECK 1020 601401 05/30/03 385 1020 601402 05/30/03 1356 1020 601403 05/30/03 400 1020 601404 05/30/03 M2003 1020 601405 05/30/03 M2003 1020 601405 05/30/03 M2003 TOTAL CHECK 1020 601406 05/30/03 M 1020 601407 05/30/03 1599 1020 601408 05/30/03 M 1020 601409 05/30/03 2157 1020 601410 05/30/03 444 1020 601411 05/30/03 2726 1020 601412 05/30/03 M2003 1020 601412 05/30/03 M2003 ISSUE DT .............. VENDOR ............. FUND/DEFT 05/30/03 1235 RIGF/~%RK LIFE INSURANCE 6414570 05/30/03 1235 HIGHMARK LIFE INSURANCE 110 RONALD MOGUE 5506549 AUTOMATIC ~AIN CO. 1108303 AUTOMATIC RAIN CO. 1108303 INDEPENDENT ELECTRIC SUP 2708405 INDOOR BILLBOARD 1108302 INDOOR BILLBOARD 1108314 INDOOR BILLBO~J~D 1108303 INDOOR BILLBOARD 1108315 INDOOR BILLBO~%RD 1108312 INTERIOR SYSTEMS AND SER 1108504 KATMRYN KELLY JOESTEN 1106265 KATHRYN KELLY JOESTEN 1106500 LAB SAFETY SUPPLY 6308840 LEXISNEXIS M3~TTHEW BENDE 1101500 LIFETIME TENNIS INC 5706450 LOCAL GOVERNMENT CONNISS 1101000 LOR~ EDUCATION SERVICE 1101500 LORMAN EDUCATION SERVICE 1104510 LU, RENEE 580 ~L~NAGED HE~J~TH NETWORK I 1104510 MILSTAIN, ASIA 580 SUMAKO MINATO 5806349 MINTON'S L[D4BER 1108312 ** MOSS & BARNETT 1101031 MOSTAFA OURAIE 110 MOSTAFA OURAIE 1100000 ..... DESCRIPTION ...... SALES TAX JTINE LTD 0.00 JUNE LIFE ~&D 0.00 0.00 SERVICE AGREEMENT FOR FY 2002-2003 OPEN PURC FY 2002 2003 OPEN PURC 0.00 0.08 0.00 0.00 FY 2002-2003 OPEN PURC 0.08 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002 2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0.00 0.00 PER PROPOSAL INSTALL E 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 0.00 HAZMAT SUPPLIES 0.00 OPINION 8/03-7/04 0.00 SERVICE AGREEMENT FOR 0.00 D SAA~DOVAL 6/27-28 SD E MURRAY 8/1 S C Refund: Check - SPRING 6/1-6/30 PREMIUM Refund: Check - SPRING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SERVICE AGREEMENT FOR 0.00 REDWD CLEAR MT 0.00 SVC FR3~NCHISE APRIL 0.00 REFD PERMIT 01020073 REFD PERMIT 01020073 0.00 0.00 PAGE 4 AMOUNT 7221.64 9225.28 16446.92 260.00 37.84 89.42 127.26 138.61 178.41 178.42 178.41 178.42 178.41 892.07 7000.00 141.69 33.31 175 . Q0 460 , 75 302.53 53695.82 199.00 279.00 279.00 558.00 933 . O0 250.00 96.35 472.90 43.60 442 . 33 RUN DATE 05/29/03 TIME 12:29:41 - FIN~CIAL ACCOUNTING 05/29/03 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transac~.tran$_da~e between "05/26/2003" and "05/30/2003" FUND - 110 - GENERAL FU~D 1020 601412 05/30/03 M2003 MOSTAFA OLq{AIE 1100000 1020 601412 05/30/03 M2003 MOSTAFA OLS~AIE 1100000 1020 601412 05/30/03 M2003 MOSTAFA oLr~IE 1100000 1020 601412 05/30/03 M2003 MOSTAFA OLr~IE 1100000 TOTAL CHECK 1020 601413 05/30/03 M McCaw, Patricia 550 1020 601414 05/30/03 M NING, LA~-PING 580 1020 601415 05/30/03 489 NOTEWORTHY 5UJSIC SCROOL 5806349 1020 601416 05/30/03 494 OFFICE DEPOT CREDIT PI~ 1101500 1020 601417 05/30/03 1466 OVERHEarD DOOR CO OF S~J~T 1108315 1020 601418 05/30/03 M2003 P & T CONSTRUCTION 1100000 1020 601419 05/30/03 520 PAPERDIRECT INC 4209117 1020 60141~ 05/30/03 520 PAPERDIRECT INC 5806349 TOTAL CHECK 1020 601420 05/30/03 526 1020 601420 05/30/03 526 TOTAL CHECK PENINSLrLA DIGITAL IM~GIN 110 PENINSLrnA DIGITAL IMAGIN 1108101 1020 601421 05/30/03 690 PENINSUI~A FORD 1020 601421 05/30/03 690 PENINSL~ FORD 1020 601421 05/30/03 690 PENINSLV~ FORD TOTAL CHECK 6308840 6308840 6308840 1020 601422 05/30/03 545 JEFF PISERCHIO 5606640 1020 601423 05/30/03 2315 PIVOT INTERIORS 1020 601424 05/30/03 560 1020 601424 05/30/03 560 TOTAL CHECK PUBLIC DIALOGUE CONSORTI 1102401 PL~LIC DIkLOG~ CONSORTI 1102401 1020 601425 05/30/03 2894 P. AJ~U~I PUR~NIK 5506549 1020 601426 05/30/03 2961 QUkLITY BUSINESS M~CHINE 1108101 1020 601427 05/30/03 2649 QUILL 1101500 1020 601427 05/30/03 2649 QUILL 1101500 TOTAL CHECK 1020 601428 05/30/03 M RAJ~qATNAM, JIN 550 1020 601429 05/30/03 M RITSO, LORI 580 ..... DESCRIPTION ...... SALES REFD PERMIT 01020073 REFD PERMIT 01020073 REFD PERMIT 01020073 REFD PERMIT 01020073 Refund: Check - Mama M Refund: Check - SPRING SERVICE AGREEMENT FOR BKCASE GUIDE CARD COM SERVICE L~OR REFD PERMIT 03050091 SAPPHIRE STD PAPER PRESCHOOL PAPER R#21914 IMPROV PLAN BMP SHEETS FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC BBF GOLF CONCESSIONAIR AERON 2 STG PNEW TILT PHASE3 NEIBR CONN P~{ASE III COPS & TEEN SERVICE AGREEMENT FOR SVC REPAIR PRINT ASBY LATERAL FILE 5 DRAWER TAPE CASSETTE ENVELOP REFUND CK DEP 5/17/03 Refund: Check - SPRING AMOUNT 0.00 4817.00 0.00 307.79 0.00 2132.00 0.00 722.14 0.00 8464.86 0.00 72.00 0.00 62.00 0.00 2659.99 0.00 58.11 0.00 165.00 0.00 93.02 0.00 134.90 0.00 251.87 0.00 386.77 0.00 145.32 0.00 69.82 0.00 215.14 RLrN DATE 05/29/03 TIME 12:29:41 - FIN~NCIAL ACCOURTING 05/29/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CEECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans date between "05/26/2003" and "05/30/2003" CASH ACCT CHECK NO 1020 601430 1020 601431 1020 601431 TOTAL CHECK 1020 601432 1020 601433 1020 601433 1020 601433 1020 601433 I020 601433 1020 601433 TOTAL CHECK 1020 601434 1020 601435 V 1020 601435 TOTAL CHECK 1020 601436 1020 601437 1020 601437 TOTAL CHECK 1020 601438 1020 601439 1020 601440 1020 601440 TOT;UL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT 05/30/03 2482 ROBERT HALF TECHNOLOGY 6104800 05/30/03 601 ROYAL BRASS INC 6306840 05/30/03 601 ROYAL BP~SS INC 6308840 05/30/03 2833 THEA RUNYAN 5806449 05/30/03 639 05/30/03 639 05/30/03 639 05/30/03 639 05/30/03 639 o5/3o/o3 M 05/30/03 M200I 05/30/03 M2001 05/30/03 891 05/30/03 2920 05/30/03 2920 05/30/03 2880 05/30/03 529 05/30/03 695 05/30/03 695 SAVIN CORPOR3%TION {COPIE 5506549 SAVIN CORPORATION (COPIE 5706450 SAVIN CORPORATION (COPIE 1104310 SAVIN CORPORATION (COPIE 5806249 SAVIN CORPOP. ATION (COPIE 5806449 SAVIN CORPOP. ATION (COPIE 5806349 1020 601441 05/30/03 M SEALE, KAREN 580 SEYN EUNG YINN 110 SEYH-HUNG YINN 110 1020 601442 05/30/03 700 1020 601442 05/30/03 700 1020 601442 05/30/03 700 1020 601442 05/30/03 700 1020 601442 05/30/03 700 1020 601442 05/30/03 700 TOTAL CHECK JOAN SPITSEN 5506549 STEEL & FENCE SUPPLY 1108314 STEEL & FENCE SUPPLY 1108314 1020 601443 05/30/03 701 1020 601444 05/30/03 1763 1020 601445 05/30/03 1794 STEPHEN FOSSLER COMPANY, 5606620 SUNGARD PENTAMATION, INC 6104800 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 Sorenson, Virginia 550 TARGET SPECIALTY PRODUCT 1108321 TARGET SPECIkLTY PRODUCT 1108314 TARGET SPECIALTY PRODUCT 1108315 TARGET SPECIALTY PRODUCT 1108302 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 1108312 TARGET STORES 5806449 THEATERFUN INC 5806349 TMT-PATHWAY LLC 6308840 ..... DESCRIPTION A RICKS WKED 05/16/03 SWIVEL BODY ASSEMBLY SERVICE AGREEMENT FOR FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PUEC FY 2002-2003 OPEN PURC Refund: Check - Full r REFD DEVELOPE MAINT REFD DEVELOPE MAINT TRIPS 5/31 6/3,12,24 2 7/8 X 6 SCHEDIILE 40 GALV TIE SUPPLIES RESTORES FR B/U TAPE COFFEE SR SOCIALS Refund: Check - Asian FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PUEC FY 2002-2003 OPEN PURC PAGE 6 AMOUNT 0.00 756.00 0.00 5.86 0.00 110.78 0.00 116.64 0.00 830.00 0.00 1437.00 0.00 287.13 0.00 2562.22 0.00 1561.58 0.00 413.73 0.00 400.39 0.00 6662.05 0.00 -23390.00 0.00 23390.00 0.00 0.00 0.00 190.00 0.00 20.55 0.00 27.06 0.O0 47.61 0.00 670.62 0.00 811.88 0,00 160.70 0.00 230,50 0.00 391.20 0.00 24.00 0.00 212.35 0.00 212.35 0.00 212.35 0.00 212.35 0.00 212.35 0.00 212.35 0.00 1274.10 1 HOUR PHOTO SVC 0.00 33.29 SERVICE AGREEMENT FOR 0.00 2667.00 SUPPLIES 0.00 779.60 RUN DATE 05/29/03 TIME 12:29:41 - FINANCIAL ACCOUNTING 05/29/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FLR~D SELECTION CRITERIA: transac~.~rans_date between "05/26/2003" and "05/30/2003" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 601445 1020 601445 TOT~tL CHECK 1020 601446 1020 601447 ISSUE DT .............. VENDOR ............. FUND/DEFT 05/30/03 1794 TMT-PATHWAY LLC 6308840 05/30/03 1794 TMT-PATHWAY LLC 6308840 05/30/03 712 06/30/03 M2003 05/30/03 2584 05/30/03 737 05/30/03 1707 05/30/03 2117 05/30/03 746 09/30/03 2404 05/30/03 754 05/30/03 768 05/30/03 774 05/30/03 1986 05/30/03 799 05/30/03 799 TRACTOR EQUIPMENT CO 6308840 TROOP 453 110 UNIVERSAL DIALOG, INC. 1103300 VALLEY CREST TREE COMPA~ 1108408 VARGAS AUTO UPHOLSTERY 6308840 RAD}{A VIGNOL~ 5806449 VIKING OFFICE PRODUCTS 1106500 LY~ETTE VISTE 5806449 BARBARA W~LTON 5806449 WEST GROUP PAYMENT CENTE 1101500 WESTERN HIGH~AY PRODUCTS 2708405 WESTERN WINDOW TINTING C 1108504 ZANKER ROAD L~FILL 5208003 ZANKER ROAD LA--FILL 5208003 ..... DESCRIPTION PAINT PUMP SPECIAL PUMP COUPLING EQPT~ll4 BODY WORK R~97786,99714 GARDEN TRA~S TO CHINESE REPLACEMENT STREET TRE REPAIR & RECOVER SEAT SERVICE AGREEMENT FOR HP2000C INK CTG BK SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR MONI OP 4/19-5/14 FY 2002-2003 OPEN PI/RC INSTALL V60 SPEUTRA APRIL YD~R/DWASTE PROC APRIL COMPOST DELIVER PAGE 7 RUN DATE 05/29/03 TIME 12:29:41 - FIN~CIAL ACCOUNTING DRAFT RESOLUTION NO. 03-109 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 HEREINAbTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING JUNE06,2003 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the ava/lability 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 I6thday of 3'une ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 06/85/03 CITY OF CUPERTINO ACCOIE~TING PERIOD: 12/03 CHECK REGISTER - DISB(TRSEME~ FUND SELECTION CRITERIA: transact.trans_date between "06/02/2003" and "06/06/2003" FPI~D - 110 - GENEP~ FLrND CASR ACCT CHECK NO 1020 600617 V 04/25/03 M 1020 601459 06/06/03 2110 1020 601460 06/06/03 2675 1020 601460 06/06/03 2675 TOTAL CHECK 1020 601461 06/06/03 296S ISSUE DT .............. VENDOR ............. FUND/DEPT Gross, Catherine 550 ABC BACKFLOW TESTING REP 1108312 ~LL THINGS PRINTED 1108603 ALL THINGS PRINTED 1108603 ALL-STATE INTERNATIONAL, 1101500 ;%LL-STATE INTERIgATIONAL, 1101500 A~LOTTA'S DELICATESSEN 2204011 ~4ERICAN B~ ~SOCIATION 1101500 1104510 AS{ROWHE2~D MTN SPRING WAT 5606620 B;%AMA 6104800 JACKLYN BADDELEY 1106529 BAP ALrfO pARTS 6308840 BAE AUTO PARTS 6308840 BAE AUTO P~dtTS 6308840 BETTERPLY BUSINESS FORS~ 1107301 BMI IMAGING SYSTEMS 1104300 ELY M B~A~DES 5506549 C A P I O 1101201 THE CALIFORNIA C~L~EL 1103500 C~IFORNIA STORMWATER 2308004 CARIAGA, LOURDES 110 CARIAGA, LOURDES 110 TONI CARREIRO 6104800 CASH 5506549 PAGE 1 ..... DESCRIPTION ...... SALES T~2( AMOUNT Refund: Check - Change 0.00 -34.00 REPAIR REGL~TOR 0.00 90.00 POSTERS BIKE TO WORK 0.00 62.79 C~DS BIKE-TO-WORK 0.00 372.65 0.00 435,44 SUPPLIES 0.00 42.21 SUPPLIES 0.00 63.33 0.00 105.54 TLT DINNER 0.00 2265.43 #672359 DUES E.ML~Y 0.00 231.75 EMPLOYEE COFFEE SERV 0.00 298.66 EMPLOYEE WATER SERV 0.00 242.13 MBRSHP PdqWL N.NOWACK 0.00 20.00 LUNCH - TRAINING 0.00 146.30 FY 2002 2003 OPEN PI/RC 0.00 36.37 FY 2002-2003 OPEN pI/RC 0.00 218.23 FY 2002-2003 OPEN pIIRC 0.00 53.14 0.00 307.74 ARBORIST FOP24S 0.00 172.38 MICRO FLIM PROCESS 0.00 1225.67 SERVICE AGREEMENT FOR 0.00 500.00 DL~ES L.D.LEE 0.00 175.00 PROGP~ING JUNE03 0.00 253.34 BMP Nlt~DBOOKS 0.00 545.00 CSG~SMNT 0.00 306.50 SSGA~tNSMNT 0.00 103.84 0.00 410.34 WEB UP-DATES 0.00 879.10 PETTY C3%SH 4/24-6/04 0.00 32.11 PETTY C3~H 4/24-6/04 0.00 49.91 PETTY C~H 4/24-6/04 0.00 14.05 PETTY CiLSH 4/24-6/04 0.00 47.54 RI/N DATE 06/05/03 TIME 13:38:03 - FINANCIAL ACCOL~ING 06/05/03 CITY OF CUPERTINO ACCOL~ING PERIOD: 12/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.~rans_date between "06/D2/2003" and "06/06/20D3" F[/ND - 110 GENERAL FUNqD CASH ACCT CHECK NO 1020 601477 TOTAL CNECK 1020 601478 06/06/03 149 CASH 1104400 1020 601478 06/06/03 149 CASH 1104000 1020 601478 06/06/03 149 C~-~H 1108001 1020 601478 06/06/03 149 CASH 1107301 1020 601478 06/06/03 149 CASN 2204010 1020 601478 06/06/03 149 CASH 1101000 1020 601478 06/06/03 149 CASH 2607401 TOTAL CHECK 1020 601479 1020 601480 1020 601480 TOTAL CHECK 06/06/03 152 06/06/03 1057 06/06/03 1057 1020 601481 06/06/03 1156 1020 601482 06/06/03 M 1020 601483 06/06/03 164 1020 601484 06/06/03 M2003 1020 601485 06/06/03 178 1020 601486 06/06/03 2704 1020 601487 06/06/03 985 1020 601488 06/06/03 192 1020 801488 06/06/03 192 TOT~tL CHECK 1020 601489 06/06/03 194 1020 601489 06/06/03 194 1020 601489 06/06/03 194 TOTAJ~ CHECK 1020 601490 06/06/03 2966 1020 601491 06/06/03 211 1020 601491 06/06/03 211 1020 601491 06/06/03 211 TOTAL CNECK 1020 601492 06/06/03 1242 1020 601492 06/06/03 1242 1020 601492 06/06/03 1242 CEB:COSFfIbUJING EDUCATION 1101500 CERIDIAN BENEFITS SERVIC CERIDIAN BENEFITS SERVIC 110 CNA 110 CNEP~, FANG 580 C/~K INDUSTRI;tL SUPPLY 1108503 COBP~A ELECTRONICS 1106265 COLONIAL LIFE & ACCIDENT 110 BRIA/q CORDIEL 5606620 CUPERTINO FLORIST INC 1101000 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO SUPPLY INC 1108501 CUPERTINO SUPPLY INC 1108501 CUPERTINO SUPPLY INC 1108407 DE ANZA DINING SERVICES 1107302 DELTA DENTAL P~ OF CA 110 DELTA DENTAL PIJ~N OF CA 110 DELTA DENT~tL PI2%N OF CA 110 DIGIT;IL PRINT IMPRESSION 1107301 DIGITAL PRINT IMPRESSION 5806349 DIGITAL PRINT IMPRESSION 1101050 ..... DESCRIPTION PETTY CASH 4/24-6/04 PETTY CASH 5/28-6/04 PETTY CASH 5/28-6/04 PETTY CASH 5/28-6/04 PETTY CASH 5/28 6/04 PETTY CASH 5/28-6/04 PETTY CASH 5/28-6/04 pETTY CASH 5/28-6/04 LIABILITY 4TH UPDATE *FLEX HLTH/240125 *FLEX DEP/240125 CHA Refund: Check - SLUR SUPPLIES 8934 2WY P~ADIO ACCESSORIES E7013899-0000 SERVICE AGREEMENT FOR DISH GARDEN/kq40K TUBERCULOSIS/ORDWAY TUBERCULOSIS/NASSAU FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC GEN pLAN TASK FORCE L~EP 1539-001 OE3 1539-002 CEA 1539-003 B.CARDS/A.SHRIVASTAVA B.C3%RDS/C.~ING B.CARDS/B.C}~G 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 O.O0 O.OO PAGE 2 AMOUNT 75.94 219.55 21.54 23.53 44.00 40.00 5.40 5.47 149.94 101.21 522.42 349.94 872.36 129.85 305.00 218.99 435.37 500.67 546.00 63.33 30.00 4.44 237.48 86.71 328.63 750.00 3527.82 4176.48 6370.83 14075.13 57.21 40.39 57.21 RUN DATE 06/05/03 TIME 13:38:03 - FINANCIAL ACCOUNTING 06/95/03 CITY OF CUPERTINO ACCO~/NTING PERIOD: 12/03 CHECK REGISTER - DISBURSEMENT SELECTION CRITERIA: transact.trans_date between "06/02/2003" and "06/06/2003" FLrND - 110 - GENEP~%L CASE ACCT CHECK NO 1020 601492 1020 601492 TOT~tL CHECK 1020 601493 1020 601494 1020 601495 1020 601495 TOTAL C~ECK 1020 601496 1020 601497 1020 601497 1020 601497 1020 601497 TOTAL CHECK 1020 601498 1020 601499 1020 601500 1020 601501 1020 601501 1020 601501 TOTAL CRECK 1020 601502 1020 601502 1020 601502 1020 601502 TOTAL CHECK 1020 601503 1020 601503 1020 601503 1020 601503 1020 601503 1020 601503 TOTAL CHECK 1020 601504 1020 601505 1020 601506 06/06/03 M Ding, Ignatius Y. 550 06/06/03 1434 EDWARD S. WALSH CO. 5606640 06/06/03 242 EMPLOi~EB~T DEVEL DEFT 110 06/06/03 242 EMPLOI~E~f DEVEL DEPT 110 06/06/03 243 EMPLOi~4E~ DEVELOPME~ 110 06/06/03 234 06/06/03 234 06/06/03 234 06/06/03 234 ENGINEERING DATA SERVICE 1104300 ENGINEERING DATA SERVICE 110 ENGINEERING DATA SERVICE 110 ENGINEERING DATA SERVICE 110 06/06/03 M FAIZULI~ROY, S~NA 580 06/06/03 2589 JOHN FEEMSTER 5506549 06/06/03 2619 GENEVIEVE FIRE 2308004 06/06/03 2361 FIRST B~tNKC~ 6104800 06/06/03 2361 FIRST BANKCARD 1104000 06/06/03 2361 FIRST BANKCARD 5606640 06/06/03 2361 FIRST B;%NKC~D 5606620 06/06/03 2361 FIRST B~KC~D 5606620 06/06/03 2361 FIRST BANKCJ~RD 5606640 06/06/03 2361 FIRST BANKCARD 5806649 06/06/03 2361 FIRST BA/~KCARD 1108507 06/06/03 2361 FIRST BHNKCARD 1108505 06/06/03 2361 FIRST BANKCARD 1108508 06/06/03 2361 FIRST B;%NKCARD 1108314 06/06/03 2361 FIRST B~hNKC~d{D 1108501 06/06/03 2361 FIRST B~KC~/~D 1108504 06/06/03 2843 FOLGER GRAPHIC INC 1103400 06/06/03 M FUNG, OLIVIA 580 06/06/03 M Fisher, Elizabeth 550 ..... DESCRIPTION B.CARDS/C.MA~NING B.CARDS/S.LEWIS REFL~NDS 38441 & 38442 SUPPLIES SDI/776-5260-0 PAGE 3 AMOUNT 0.00 40.39 0.00 64.53 0.00 259.73 O.OO 700.00 0.00 18.90 0.00 16741.30 0.00 -13.29 0.00 16728.01 0.00 880.66 PUBLIC NEt%RING NOTICE 0.00 135.43 MAILING SERV R21032 0.00 370.78 ~3~ILING SERV R21450 0.00 73.08 MAILING SERV R16030 0.00 66.42 0.00 645.71 Refund: Check - SPRING SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR MAY 2003 STATEMENT MAY 2003 STATEMENT ~Y 2003 STATEME~f 0.00 33.50 0.00 400.00 0.00 4292.60 0.00 145.59 0.00 83.80 0,00 45.95 0.00 275.34 0.00 438.24 0.00 87.44 0.00 289.53 0.00 1290.37 0.00 2105.59 0.00 168.58 0.00 14.97 0.00 41.06 0.00 636.52 0.00 474.29 0.00 132.42 0.00 1467.84 MAY2003 STATEMENT MAY2003 STATEMENT MAY2003 STATEMENT APRIL 2003 STATEMENT APRIL 2003 STATES~ENT APRIL 2003 STATEMENT APRIL 2003 STATEMENT APRIL 2003 STATEMENT APRIL 2003 STATEMENT J~ SCENE 0.00 2683.61 REFDS 211828 & 211829 0.00 515.00 Refund: Check - Deposi 0.00 750.00 RUN DATE 06/05/03 TIME 13:38:03 - FINANCIAL ACCOUNTING U6/05/03 CITY OF CUPERTINO PAGE 4 ACCOLrNTING PERIOD: 12/03 CHECK REGISTER - DISBLrRSEMENT FUND SELECTION CRITERIA: transact.trans_date between "06/02/2003" and "06/06/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601507 06/06/03 281 G~iDENL~ 1108315 1020 601507 06/06/03 281 GARDE~IO~ND 1108303 1020 601507 06/06/03 281 GARDEN7~ 1108303 1020 601507 06/06/03 281 GARDENL4~ 1108303 1020 601507 06/06/03 281 GARDENI~ 1108314 1020 601507 06/06/03 281 GAR2DENI~ 6308640 1020 601507 06/06/03 281 GARDENL~ 6308840 1020 601507 06/06/03 281 GA~DENLAND 6308840 TOTAL CHECK 1020 601508 06/06/03 1741 GOVCONNECTION, INC. 1102403 1020 601509 06/06/03 298 GRAINGER INC 1108303 1020 601509 06/06/03 298 GRAINGER INC 1108315 1020 601509 06/06/03 298 GRAINGER INC 1108315 1020 601509 06/06/03 298 GR3%INGER INC 1108315 1020 601509 06/06/03 298 GRAINGER INC 1108315 1020 601509 06/06/03 298 GRAINGER INC 1108315 1020 601509 06/06/03 298 GRAINGER INC 1108315 1020 601509 06/06/03 298 GRAINGER INC 1108315 1020 601509 06/06/03 298 GR3%INGER INC 6308840 1020 601509 06/06/03 298 GP~INGER INC 6308840 1020 601509 06/06/03 298 GRAINGER INC 6308840 1020 601509 06/06/03 298 GRAINGER INC 6308840 TOT~tL CHECK 1020 601510 06/06/03 M ~RIS, DERRICK 580 1020 601511 06/06/03 2522 L~lqN HELLER 5506549 1020 601512 06/06/03 1898 AUTOMATIC RAIN CO. 1108315 1020 601512 06/06/03 1898 AUTOMlkTIC R~IN CO. 1108314 1020 601512 06/06/03 1898 AUTOM3%TIC RRIN CO. 1108302 1020 601512 06/06/03 1898 AUTOMATIC PAIN CO. 1108321 1020 601512 06/06/03 1898 AUTOMATIC RAIN CO. 1108303 1020 601512 06/06/03 1898 ALrCOMATIC R3%IN CO. 1108312 TOTAL C"HECK 1020 601513 06/06/03 2735 HUNTINGTON LEAP~NING CENT 5806249 1020 601514 06/06/03 341 ICE CENTER OF CUPERTINO 5806449 1020 601515 06/06/03 343 IC~ RETIREMENT TRUST-45 110 1020 601516 06/06/03 995 INSERV COMPA/~Y 1108501 1020 601516 06/06/03 995 INSERV COMPA2NY 1108504 TOT~L CNECK 1020 601517 06/06/03 952 JAM SERVICES INC 1108602 1020 601518 06/06/03 1742 CARL JECH 5506549 ..... DESCRIPTION ...... PARTS/SUPPLIES 8964 0.00 472.21 PARTS/SUPPLIES 8993 0.00 453.42 PARTS/SUPPLIES 8993 0.00 28.25 P~kRTS/SUPPLIES 8992 0.00 481.71 SUPPLIES 6928 0.00 350.49 FY 2002-2003 OPEN PORC 0.00 22.20 FY 2002-2003 OPEN PURC 0.00 8.03 FY 2002-2003 OPEN PURC 0.00 52.02 0.00 1868.33 POWERSHOT 62 PXL C3~R 0.00 640.84 PARTS/SUPPLIES 0.00 95.13 PARTS/SUPPLIES 0.00 59.01 PARTS/SUPPLIES 0.00 36.25 PARTS/SUPPLIES 0.00 966.46 PARTS/SUPPLIES 0.00 395.38 PI~TS/SUPPLIES 0.00 18.48 PARTS/SUPPLIES 0.00 63.01 PARTS/SUPPLIES 0.00 46.08 FY 2002-2003 OPEN PURC 0.00 102.29 FY 2002 2003 OPEN PLTRC 0.00 380.67 FY 2002-2003 OPEN PURC 0.00 337.29 FY 2002-2003 OPEN P~RC 0.00 32.40 REFDS 211894 & 211895 SERVICE AGREEMENT FOR FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002~2003 OPEN PURC FY 2002-2003 OPEN PURC SERVICE AGREEMENT FOR SERVICE AGREEbTENT FOR FY 2002-2003 OPEN PURC FY 2002 2003 OPEN PUEC 15 EACH LED PED ~U~ND G SERVICE AGREEMENT FOR 0.00 750,00 0.00 280.00 0.00 198.40 0.00 198.40 0.00 198.40 0.00 198.40 0.00 198.40 0.00 198.40 0,00 1190.40 0.00 I737.00 0.00 3388.00 0.00 6589.41 0.00 211.63 0.00 211.63 0.00 423.26 0.00 1316.53 0.00 880.00 RL~ DATE 06/05/03 TIME 13:38:03 - FIN~CI;kL ACCOUNTING 06/05/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 12/03 CHECK REGISTER - DISBLrRSE~4ENT F[IND SELECTION CRITERIA: transact.trans_da~e between "06/02/2003" and "D6/06/2003" FU~ - 110 - GENER3kL FUND 1020 601519 06/06/03 1977 JOE'S TRACTOR SERVICE 1186302 1020 601520 06/06/03 1122 JOHNSTON SUPPLY 1108501 1020 601521 05/06/03 1630 KIDZ LOVE SOCCER INC 5906449 1020 601522 06/06/03 M2003 KlM DIB;kRI 1101000 1020 601523 06/06/03 2882 ROBERT A. KIM 1103500 1020 601524 06/06/03 1972 KI~;kLL-MIDWEST 6308940 1020 601525 06/06/03 373 KIRK XPEDX 1104310 1020 601526 06/06/03 382 DAYTON PRINTING INC. 5506549 1020 601527 06/06/03 M LEE-CqARISTENSEN, SHUMEI 580 1020 601528 06/06/03 1347 HELEN LEPLEY 5606620 1020 601529 06/06/03 M2003 LEVITA~, NATASHA 1101031 1020 601530 06/06/03 1356 LEXISNEXIS 1101500 1020 501531 06/06/03 404 LONGS DRUG STORES ~260 5806349 1020 601532 06/05/03 2734 C}L~RLES LORETTA 5806249 1020 601533 06/06/03 M2003 ~CWORLD 5506549 1020 601534 06/06/03 986 MATTHEW BENDER & COMP~FUf 1101500 1020 601535 06/06/03 2567 MISDU 110 1020 601536 06/06/03 M2003 MOORE, RON~kLD 1101031 1020 601537 06/06/03 826 MTCI CALIFORNIA CORP. 1108601 1020 601538 06/06/03 M2003 N.V. BUSINESS PUBLISHERS 5208003 1020 601539 06/06/03 473 NASER DISTRIBUTORS INC 5606620 1020 601539 06/06/03 473 N~ER DISTRIBUTORS INC 5606620 TOTAL CRECK 1020 601540 06/06/03 2604 NAT'L NEIGKBOR~OOD WATCH 1102100 1020 601541 06/06/03 475 NATIONAL CONSTRUCTION RE 1108312 1020 601542 06/06/03 302 NATIONAL DEFERRED COMPEN 110 ..... DESCRIPTION ...... SALES TAX PAGE 5 AMOUNT TIME/MATERIALS 0.00 1200.00 SUPPLIES 0.00 129.23 SERVICE AGREEMENT FOR 0.00 10959.20 S.JAMES RESERVATION 0.00 25.00 SHOOT/EDIT CREST AWDS 0.00 3115.00 SUPPLIES 8974 0.00 362.08 FY 2002-2003 OPEN PURC 0.00 314.49 JUNE NEWSLETTERS 0.00 1363.95 Refund: Check - Full r 0.00 55.00 SERVICE AGREEMENT FOR 0.00 95.00 PUBLIC ACCESS GRANT O.00 89.00 RESEARCH 0.00 150.00 SUPPLIES 25184 0.00 36.00 SERVICE AGREEMENT FOR 0.00 440.00 MACWORLD RENEWAL 0.00 34.97 CA DEER 03 RVS CORP 0.00 132.94 J TRYBUS 385960533 0.00 223.00 PUBLIC ACCESS GP~T 0.00 372.00 SERVICE AGREEMENT FOR 0.00 7900.00 P~ECYCLING ~%~RKETS 2YR 0.00 200.00 FY 2002-2003 OPEN pLrRC 0.00 1172.22 FY 2002-2003 OPEN PURC 0.00 622.51 0.00 1794.73 SIGNS/HA~BKS 17495 0.00 287.05 RENTAL 5/28-6/24 0.00 41.65 *NAT'L DEF 0.00 18279.26 RITN DATE 06/05/03 TIME 13:38:03 - FINANCIAL ACCOUNTING 06/05/03 CITY OF CUPERTINO PAGE 6 ACCOLrNTING PERIOD: 12/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "06/02/2003" and "06/06/2003" FUIqD - 110 - GENER3%L FUi~D CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601543 06/06/03 2862 NATURE WOK 5506549 1020 601544 06/06/03 484 NEW PIG CORP 6308840 1020 601544 06/06/03 484 NEW PIG CORP 6308840 1020 601544 06/06/03 484 NEW PIG CORP 6308840 TOTAL CHECK 1020 601545 06/06/03 2206 O.K. FIRE EQUIPMENT COMP 1104400 1020 601546 06/06/03 493 OFFICE DEPOT 1104300 1020 601546 06/06/03 493 OFFICE DEPOT 1108101 1020 601546 06/06/03 493 OFFICE DEPOT 1107302 1020 601546 06/06/03 493 OFFICE DEPOT 1108601 1020 601546 06/06/03 493 OFFICE DEPOT 1104510 1020 601546 06/06/03 493 OFFICE DEPOT 1104510 1020 601546 06/06/03 493 OFFICE DEPOT 1104510 1020 601546 06/06/03 493 OFFICE DEPOT 1107405 1020 601546 06/06/03 493 OFFICE DEPOT 1108601 1020 601546 06/06/03 493 OFFICE DEPOT 1104510 1020 601546 06/06/03 493 OFFICE DEPOT 1107405 1020 601546 06/06/03 493 OFFICE DEPOT 5806249 1020 601546 06/06/03 493 OFFICE DEPOT 1107301 1020 601546 06/06/03 493 OFFICE DEPOT 1107503 TOTAL CHECK 1020 601547 06/06/03 494 OFFICE DEPOT CREDIT PLAN 1101500 1020 601548 06/06/03 1190 RON~tLD OLDS 1103500 1020 601549 06/06/03 501 OPERATING ENGINEERS #3 110 1020 601550 06/06/03 500 OPERATING ENGINEERS FUR 1104510 1020 601550 06/06/03 500 OPER3kTING ENGINEERS PUB 110 1020 601550 06/06/03 500 OPERATING ENGINEERS PUB 1104510 TOTAL CHECK 1020 601552 06/06/03 981 ORCFIARD SUPPLY FL%RDWARE 6308840 1020 601552 06/06/03 981 ORCHASAD SUPPLY HA~WARE 2708405 1020 601552 06/06/03 981 ORCHA~RD SUPPLY HARDWARE 1108315 1020 601552 06/08/03 981 ORCFL~RD SUPPLY FL%RDWARE 1108312 1020 601552 06/06/03 981 ORCHARD SUPPLY ~L~RDWARE 2708405 1020 601552 06/06/03 981 ORC~D SUPPLY HARDWARE 1108321 1020 601552 06/06/03 981 ORC~D SUPPLY FLARDWARE 1108314 1020 601552 06/06/03 981 ORCI~RD SUPPLY ~L~WARE 1108407 1020 601552 06/06/03 981 ORC~{ARD SUPPLY RARDWARE 1108407 1020 601552 06/06/03 981 ORCF~LRD SUPPLY H~kRDWARE 1108312 1020 601552 06/06/03 981 ORCH3kRD SUPPLY IL~WARE 1108315 1020 601552 06/06/03 981 ORC~RD SUPPLY HARDWARE 1108303 1020 601552 06/06/03 981 ORC~JkRD SUPPLY I~WARE 1108303 1020 601552 06/06/03 981 ORC~L~J~DSUPPLY R3%RDWARE 1108303 1020 601552 06/06/03 981 ORCHARD SUPPLY FL~RDWARE 6308840 ..... DESCRIPTION LUNCH 6/04 HAZMAT SUPPLIES 8961 RAEMAT SUPPLIES 8961 ~IAZMAT sLrPPLIES 8961 RECHARGE/SUPPLIES OFFICE SUPPLIES REF 203764623002 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REF 202305995001 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SERVICE AGREEMENT FOR UNION DUES H & W PW RTRD SPOUSE H & W PW EMPLOYEES H & W PW RETIREE PARTS SUPPLIES 24136 PARTS SUPPLIES 27153 PARTS SUPPLIES 8914 PARTS SUPPLIES 24272 PART! SUPPLIES 27152 PART~ SUPPLIES 20574 PARTS SUPPLIES 8987 PARTS SUPPLIES 24168 PARTS SUPPLIES 24167 PARTS SUPPLIES 24273 PARTS SUPPLIES 8938 PARTS SUPPLIES 8937 PARTS SUPPLIES 8945 PART~ STgPPLIES 15587 PART~ SUPPLIES 24144 AMOUNT 0.00 97.43 0.00 26.44 0.00 439.80 0.00 121.47 0.00 587.21 0.00 169.72 0.00 62.72 0.00 -4.54 0.00 6.48 0.00 19.64 0.00 43.29 0.00 63.27 0.00 129.86 0.00 24.88 0.00 -27.05 0.00 86.58 0.00 130.32 0.00 191.63 0.00 90.22 0.00 33.80 0.00 851.10 0.00 57.18 0.00 275.00 0;00 686.88 0.00 4575.00 0.00 4490.00 0.00 898.00 0.00 9963.00 0.00 40.00 0,00 29.73 0.00 346.80 0.00 49.22 0.00 25.43 0.00 58.33 0.00 507.41 0.00 6.47 0.00 31.36 0.00 37.23 0.00 370.06 0.00 276.01 0.O0 418.78 0.00 26.37 0.00 7.98 RUN DATE 06/05/03 TIME 13:38:04 - FINANCIAL ACCOUNTING 06/05/03 CITY OF CUPERTINO ACCOIINTING PERIOD: 12/03 CHECK REGISTER - DISBORSEMENT FU~TD SELEC~fION CRITERIA: transact.trams date between "06/02/2003" and "06/06/2003" FUND - 110 - GENERAL FUND CASE ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601552 06/06/03 981 1020 601552 06/06/03 981 1020 601552 06/06/03 981 1020 601552 06/06/03 981 1020 601552 06/06/03 981 1020 601552 06/06/03 981 1020 601552 06/06/03 981 TOTAL CHECK 1020 601553 06/06/03 1674 1020 601554 06/06/03 833 1020 601554 06/06/03 833 1020 601554 06/06/03 833 1020 601554 06/06/03 833 1020 601554 06/06/03 833 1020 601554 06/06/03 833 TOTAL CHECK 1020 601555 06/06/03 833 1020 601556 06/06/03 2444 1020 601557 06/06/03 526 1020 601558 06/06/03 533 1020 601559 06/06/03 542 1020 601559 06/06/03 542 1020 601559 06/06/03 542 1020 601559 06/06/03 542 TOTAL CHECK 1020 601560 1020 601561 1020 601562 1020 601563 1020 601563 TOT~J~ CHECK ORCHARD SUPPLY ~L~RDWARE 1108315 ORCHARD SUPPLY F~RDWARE 1108315 ORCHARD SUPPLY HARDWARE 1108303 ORC~L%RD SUPPLY EARDWARE 1108312 ORC~RD SUPPLY HJ%RDWARE 2708405 ORC~D SUPPLY ~{ARDWARE 1108303 ORCHARD SUPPLY I{~DWARE 1108315 ORECK CO~5~ERCIAL DIVISIO 5606640 ..... DESCRIPTION ...... SALES TAX PAGE 7 AMOUNT PARTS/SUPPLIES 8808 0.00 779.37 ON-TIME DISCOUNT 0.00 -42.81 PARTS/SUPPLIES 8930 0.00 300.21 PARTS/SUPPLIES 24274 0.00 32.36 PARTS/SUPPLIES 24502 0.00 29.86 pARTS/SUPPLIES 24348 0.00 53.90 P~TS/SUPPLIES 8950 0.00 292.83 0.00 3676.90 VACLrOM 15955 0.00 259.93 P E R S 110 PERS EMPLY 0.00 P E R S 110 PERS BUYBK 0.00 P E R S 110 PERS 1959 0.00 P E R S ll0 *PERS BYBK 0.00 P E R S 110 PERS SPEC 0.00 P E R S 110 *PERS BYBK 0.00 O.O0 P E R S 110 PACIFIC GAS & ELECTRIC 1108830 PENINSLr~ DIGITAL I~GIN 5609112 PERS LONG TERM C3kRE PROG 110 PINE CONE LL%IBER 5708510 PINE CONE LUMBER 1108504 PIA!E CONE LL~ER 1108504 PINE CONE LL~4BER 1108312 06/06/03 2661 PROFESSIONAL TI/RF MG~NT, 5606640 06/06/03 2380 PLrRC~L%SE POWER 1104310 06/06/03 2802 QU~kNq~JM DESIGN 6109869 06/06/03 2649 QUILL 1101500 06/06/03 2649 QUILL 1101500 25358.77 37.52 180.14 112.86 462.65 26270.78 PERS EMPLY 0.00 216.60 5/14-5/22 0.00 6597.67 M3~P/VISION DUPLICATE 0.00 2223.37 PERS LTC/2405 0.00 215.09 SUPPLIES 0.00 24.94 SUPPLIES 0.00 96.61 SUPPLIES 0.00 96.61 SUPPLIES 6971 0~00 81.66 0.00 300,02 0.00 14583.33 0.00 10100.00 0.00 1500.00 0.00 615.72 0.00 48.68 0.00 664.40 M3%Y 2003 PAiQ~ENT POSTAGE HTR RESET JUNE2003 WEB HOSTING OFFICE SUPPLIES SUPPLIES RENEE RAMSEY 5806249 REPUBLIC ELECTRIC 1108830 ROBERT ~U~LF TECF~OLOGY 6104800 RUDE'S PEST MkNAGEMENT 1108501 RI/DE'S PEST NU%NAGEMENT 1108504 1020 601564 06/06/03 2441 1020 601565 06/06/03 1071 1020 601566 06/06/03 2482 1020 601567 06/06/03 2043 1020 601567 06/06/03 2043 SERVICE AGREEMENT FOR 0.00 1207.50 TIME/MATERIALS 0.00 5966.58 K.MELINE W/E 4/11 0.00 320.00 RODENT BAIT 0.00 225.00 RODENT BAIT 0.00 225.00 RUN DATE 06/05/03 TIME 13:38:04 - FINANCIAL ACCOUNTING 06/05/03 CITY OF C~JPEETINO PAGE 8 ACCOUNTING PERIOD: 12/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "06/02/2003" and "06/06/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601567 06/06/03 2043 RUDE'S PEST MANAGEMENT 1108505 1020 601567 06/06/03 2043 EUDE'S PEST MANAGEMENT 1108S06 TOTAL CHECK 1020 601568 06/06/03 258 SANTA CLAP~ COUNTY 110 1020 601569 06/06/03 633 1020 601569 06/06/03 633 TOTAL CHECK SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5806349 1020 601570 06/06/03 1337 SANTA CL~ VALLEY TRANS 1107302 1020 601571 06/06/03 1648 1020 601571 06/06/03 1648 1020 601571 06/06/03 1648 TOTAL CHECK SAVIN CORPORATION {SUPPL 1104310 SAVIN CORPORATION (SUPPL 1104310 SAVIN CORPORATION {SUPPL 1104310 1020 601572 06/06/03 2875 SAVIN CREDIT CORP 1104310 1020 601573 06/06/03 ME2003 SHAFFER, REBECCA 1106500 1020 601574 06/06/03 M2003 SIU H. HO 5506549 1020 601575 06/06/03 2320 SNAP-ON INISUSTRIAL 6308840 1020 601576 06/06/03 677 STATE STREET BANK & TRUS 110 1020 601577 06/06/03 2492 STONE, JACKIE 5606620 1020 601578 06/06/03 2863 SUI~ALE-CUPEETINO 1101500 1020 601579 06/06/03 2968 SUPERSTAR/NETLINK GROUP 1103500 1020 601580 06/06/03 2045 SVUN 1104300 1020 601580 06/06/03 2045 SVCN 1104300 1020 601580 06/06/03 2045 SVUN 1104300 1020 601580 06/06/03 2045 SVUN 1104300 1020 601580 06/06/03 2045 SVCN 1104300 1020 601580 06/06/03 2045 SVCN 1104300 1020 601580 06/06/03 2045 SVCN 1104300 1020 601580 06/06/03 2045 SVCN 1104300 1020 601580 06/06/03 2045 SVUN 1104300 TOTAL CHECK 1020 601581 06/06/03 695 1020 601581 06/06/03 695 1020 601581 06/06/03 695 1020 601581 06/06/03 695 1020 601581 06/06/03 695 1020 601581 06/06/03 695 TOTAL CNECK SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 SYSCO POOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 ..... DESCRIPTION ...... RODENT BAIT RODENT BAIT V ORTEGA 563312780 FY 2002-2003 OPEN PURC TEEN DANCE 5/16 RSRCH/ANALYIS G.PLAN H3720800010 MAY-AUG J0121203354 APR-JULY P6021200058 4/28-7/27 AMOUNT 0.00 22S.00 0.0D 225.00 0.00 900.00 0.00 542.77 0.00 677.08 0.00 433.10 0.00 1110.18 0.00 3500.00 0.00 1695.16 0.00 159.48 0.00 936.00 0.00 2790.64 H3720300010 J~E03 0.00 1057.60 CONF 4/29-5/04 CLASS 0.00 386.00 AMPLIFIER/KARAOKI 0.00 150.47 BEARING PULLER 8989 0.00 36.87 0.00 3885.63 *PERS DEF SERVICE AGREEMENT FOR 0.00 150.00 BAR ASSOC MTG/MCLE 0.00 28.00 C-BAND RENEWAL 0.00 67.97 0.00 42.50 0.00 50,00 0.00 60.00 0.00 37.50 0.00 90.00 0.00 40.00 0.00 30.00 0.00 40.00 0.00 50.00 0.00 440.00 FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN EURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PUEC 0.00 2750.90 FY 2002-2003 OPEN PURC 0.00 33.61 FY 2002-2003 OPEN PURC 0.00 128.16 FY 2002-2003 OPEN PURC 0,00 2484.76 BINGO 0.00 630.27 VOL SUPPORT 0.00 104.15 RUN DATE 06/05/03 TIME 13:38:04 - FINANCIAL ACCOUNTING 06/05/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 12/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.tran$_da~e between "06/02/2003" and "06/06/2003" FUND - 110 - GENERAL FUND 1020 601582 06/06/03 701 1020 601582 06/06/03 701 1020 601582 06/06/03 701 1020 601582 06/06/03 701 TOTAL CHECK 1020 601583 06/06/03 1993 1020 601584 06/06/03 2781 1020 601584 06/06/03 2781 TOTAL CHECK 1020 601585 06/06/03 2665 1020 601586 06/06/03 1154 1020 601587 06/06/03 738 1020 601588 06/06/03 750 1020 601589 06/06/03 1508 1020 601590 06/06/03 2904 1020 601591 06/06/03 766 1020 601592 06/06/03 2969 1020 601592 06/06/03 2969 1020 601592 06/06/03 2969 TOTAL CHECK 1020 601593 06/06/03 2970 1020 601594 06/06/03 794 1020 601595 06/06/03 962 1020 601596 06/06/03 799 TOTAL CASR ACCOLTgT TOTAL FUND TOTAL REPORT TARGET STORES 1106343 TARGET STORES 5806345 TARGET STORES 1106265 TARGET STORES 5806349 TREASURER OF ~L~DA COU 110 AL TSUGAWA 1104400 AL TSUGAWA 1104400 ERIN TURI 5806249 IGNITED WAY OF SANTA CL~ 110 VALLEY OIL COMPANY 6308840 VISION SERVICE PLAN (CA] 110 JOSEPH K WALTON 1108603 WEBEX COB~ICATIONS INC 6109856 WEST GROUP PAYMENT CENTE 1101500 WIC DIS/q{IBUTION 5606620 WIC DIS~IBUTION 5606620 WIC DISTRIBUTION 5606620 WIT174ERS ELECTRIC, INC. 5606660 XEROX CORPOR3%TION 1104310 LINDA YELAVICE 5506549 ZANKER ROAD L4%NDFILL 5208003 PAGE 9 ..... DESCRIPTION ...... SALES TAX AMOUNT SUPPLIES 22519 0.00 12.99 SUPPLIES 25177 0.00 40.53 SUPPLIES 22550 O.O0 51.87 SUPPLIES 22518 0.00 3.85 0.00 109.24 A LOPEZ JE 566398126 O.O0 253.84 SERVICE AGREEMENT FOR 0.00 137.50 SERVICE AGREEMENT FOR 0.00 175.00 0.O0 312.50 SERVICE AGREEMENT FOR 0.00 1733.00 LrNITED WAY 0.00 122.10 FY 2002-2003 OPEN PURC 0.00 4560.36 JUNE 2003 VISION INS 0.00 2134.40 REIMECHSE SUPPLIES 0.00 464.58 MONTHLY CHA~GES 0.00 600.00 WITKIN CRIMINAL LAW 0.00 113.66 SUPPLIES 0.00 220.40 SUPPLIES 0.00 303.50 SUPPLIES 0.00 379.50 0.00 903.40 ELECTRICAL REPAIR 0.00 351.09 PAPER 0.00 1513.88 CAKES 0.00 33.98 ADD BILL JLY02-JAN03 0.00 1692.60 0.00 250873.30 0.00 250873.30 0.00 250873.30 RUN DATE 06/05/03 TIME 13:38:04 - FINANCIAL ACCOUNTING RESOLUTION NUMBER 03-110 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 June 06, 2003 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $ 425,945.45 Less Employee Deductions $(120,774.72) NET PAYROLL $ 305.170.73 Payroll check numbers issued 68018 through 68276 Void check number(s) Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June ,2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino CUPE INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINIS'TRATIVE SERVICES Agenda Item No. ~ SUMMARY Meeting Date: June 16, 2003 SUBJECT Accept the Treasurer's Budget Report for April 2003 BACKGROUND Attached is the Treasurer's and Budget report for the period ended April 30, 2003. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $43.2 million at April 30, 2003, with a maturity value of $42.7 million. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. Investment earnings rates continued to decline through April, with funds in the Local Agency Investment Fund (LAIF) yielding 1.86% compared to last month's 1.90%, and 2.84% a year ago. The City's portfolio as a whole yielded 3.0% in April. The City's overall portfolio has a longer average length of maturity than LAIF (398 days compared to LAIF's 138 days). With the lower interest rates, callable agency instruments in the City's portfolio are being called, decreasing the length to maturity and the slightly higher yields the City has enjoyed for the past year. The called investments have not been re- invested into similar instruments, as interest rates are anticipated to increase gradually in the coming months. Overall cash balances increased slightly, as property tax receipts and franchise fees collections are higher in the month of April. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Investments are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months, including the projected cash flows required for the library project. Printed on Recycled Paper Investments by Type Managed Portfo o LAIF 33% Mortgage Obligation 50% 2% 4.50% Rate of Return Comparison 4.00% 3.50% 3.00% 2.50% 2.00% 0.50% 0.00% 3/02 4/02 5/02 6/02 7/02 8/02 9/02 10/02 11/02 12/02 1/03 2/03 3/03 4/03 [~ LcAu;Ferlino] 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 2,000,000 0 Revenue Comparison 2 3 4 5 6 7 8 9 10 11 12 Sales Tax Property Tax TOT Utility Tax Franchise Fees Other Licenses & Permits Money & Property Intergovernmental 10 Charges for Services I Fines & Forfeitures 12 Other Revenue Expenditure Comparison 1 2 3 4 5 6 7 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service, 5 Recreation Service 6 Community Development 7 Public Works City of Cupertino Sununary of Budget Transfers 4/30/03 Description 2002/03 ADOPTED BUDGET Debt Refinancing/Issuance ~00U02 CARRYOVER: Encumbrances Department carryovers Project carryovers REVENUE ADJUSTMENTS: Transcription Services ~ City clerk After Sch6~i enrichment programs W/h fund~ in excess of settlement, BFI Traffic giudy for Villa Serra Apts various various various PG&E Safe Tree Grant BJA Block Grant Midyear Revenue Adjustments Acct # CLEEPS/COPS Grant Funding Reduced Park Ded tax revenues 110481! 5804725 5204811 1104~3 Budget Adiustment 5,220,767 537,770 11,434,531 2,600 190,000 93,944 26,250 !1104553 r 20,000 11104431 47,079 ) 10i~i6us ? -1,040,000 ii i0-2401 -3;~81 ~]6-4910 1,475;000[ Revenue Expenditure Budget Budget 46,570,000 67,065,000 15,665,000 5,220,767 537,770 11,434,531 2,600 190,000 93,944 26,250 20,000 47,079 -1,040,000 -3,838 -1,475,000 EXPENDITURE ADJUSTMENTS: Transcription Services - City Clerk After school enrichment programs Salary adj. - City Manager Salary adj. - City Attorney Salary adj. - RDA Traffic Study for Villa Serra Apts Additional costs for trial case Pi10-4300-7014 -5~0-6349-7014 110-1200-5501 110-1500-5501 250-7304-5501 :110-8601-7014 ~o-1500-70~5 2,6007 190,000 7,719 7,470 1,250 26,250~ 20,000i 2,600 190,000 7,719 7,470 t,250 26,250 20,000 PG&E Safe Tree Grant ' 110-8408-9100 ~ 20,000! I 20,000 BjA Block Gran~ 11o-2402-7014 : 47,079~ t 47,07~ Midyear Exp~ndlmre Adjustments 110-variOus ~ -50,0~ I -50;000 .... 2702various -300~000[ / 2300,000 ~ ~ - 365-variou~ i ~300,000 ~ -300~000 ~ ~ ~20-various i 2j~5,~ i ~395 060 CLEEPS/COPS Grant Projects 110-2401-7014 I -3 838 -3,838 CCS Project costs 02-03 (BMR Reserve) i 10-7405-63~6 ! 750,000 ~ 750,000 2002/03 ADJUSTED BUDGET -- 60,096103~ 8412~1598 Capital Projects April 30, 2003 Fund Pro~# Descdptien C/O eric C/O budflet Adopted chan,qe Total Bud,qet Encumbrance i Expenditure Current Bal. 110 9215 Department rernedal 14,942.50 i 0.00 14,942.56 0.001 14,942.50 0.00 --~'[~' - 9~:1-~ ~l~r~or-~'~'~i~ I--mprOV ............... ,~,300.~0- ....... :~]~'2~.09 ---'~:1'~.~:~ ...................... :~:~'~0~7.03 .......... ~7~0~ ~69~'~§~'~;~ ........... 1~,065.47 215 9620 Storm Drain Pro~ects 0.00 1,024,304.32 75,000 1,099,304.32 68,668501 72,934.8~c 957,700.9,~ 27(: 9411 W.Stev Creek bike lane 0.00 20,965.00 20,965.00 i 20,965.0~q 27(: 9412 S.Stelling bike lane 0.00 24,712.00 24,712.00 i 24,712.00 27(; 9413 De Anza bike lane 0.00 40,523.00 40,523.00 i 40,523.0f~ 27C 9430 Stev Canyen Rd widening 1,078,616.99 25,510.30 1,104,127.29 448,125.42i 649,513.68 6,488.19 ...__2_7._0 _~_4..:~1_ Stev C~.~_l.a_[t_ey T/S medificatien 11,330.89 0.00 11,330.89 0.00~ 4,632.58 6,698.31 270 9432 Hmstd bel[evilJe T/~Ji~; ................ 270 9435 Nalghborhood t raf calming 8,230.00 6,120.00 100,000 114,350.00 1,292.05i 9,526.77 103,531.1~ 270 9436 Stev Crk Trail Bike facilities 0.00 30,219.00: 30,219.00 i 30,219.00 270 9438 Miller Ave bike facilities 0.00 131,006.50 i 131,006.50 ; 131,006.5f~ 270 9440 Walfe bike facilitiy improv 11,890.43 122,776.68 134,667.11 i 5,022.70 129,644.41 270 9441 Bike detection enhancement 0.00 19,659.00 19,659.00 19,659.00 270 9443 Ballinger Rd bike facility improv. 86,119.35 249,840.52 335,959.87 114 523.25 i 31,493.33 189,943 29 _2~ _. 94z~ [~ .,~_za/_Ste~_...(~crosswalk e~_h.z ............ 0.00 ~.(~.0_,__0~.. (~0 ............. (200,000) ~ 0.00 .... +~ ....................... 0.00 270 9447 Mary Avenue gateway 33,258.59 156,841.52 (50,000) 140,100.11 17,780.48i 26,165.67 96,153.96 270 9448 !Foothill bird bike lanes 86,450.00 99,341.95 185,791.95 0.00i 91,602.00 94,189.9~ 270 9443 Mary Avenue Footbridge 0.00 389,877.15 633,864 1,023,741.15 25,000.00i 128.67 998,612.48 270 9450 Pavement Management 67,300.00 29.45 750,00(: (100,000) 717,329.45 426,444.15i 155,226.16 135,659.14 270 953 Ramp meter signal 280/85 389,233.43 80,209.00 469,442.43 377,872.40i 21,361.03 70,209.00 270 9532 SR85/Stev Cd( T/S medificatien 0.00 49,378.49 49,378.49 J 49,378.49 _270 ...~'~{~1 Sid_e_~l_l~._g._aps ?_~[~R.w_..~[_e~.s_ .......9:_.0~_._ _ 9.._00._ .......... ~000.00 75,000.00 i 75 000.00 270 9702 Citywide bike parking facilities 0.00 51,789.00 51,789.00 51,789.00 280 9213 McClellan Ranch bldg improv. 0.00 211,652.00 211,652.00 'r 211,652.00 420 9108 Park Renovations 0.00 72,545.84 72,545.84 48,626.60 I 23,918.40 0.84 420 9113 Stev Cd( trail masterplen 0.00 6,260.70 6,260.70 ~I 6,260.70 420 9115 Skate Pad( 0.00 401,953.40 (22.0,000.00) 181,953.40 i 181,953.40 420 9116 San Thomas trail improvements 21,807.60 427,101.90 184,000.00 (150,000.00) 482,909.50 74,772.46 i 360,045.54 48,091.50 420 9117 Stev Cd( Trail master plan study 74 734.84 20 976.00 95,710 84 16,036 49 58,798 35 20,876 00 420 -""~':1~8 L]'r~,;o~-'~5'~c~ic R-~'~'i~Ti ...................... -b~00-' 4,3]'~'[~- ............................ 4~:~'fi[~:~ .... ~ .... ~'i'3.~ 420 9119 PortaVWilson pad( improvement 0.00 564,060.05 9,000.00 573,060.05 523,561.64 i 3,341.89 46,156.52 i 25,000.00 420 9121 Memorial pad( softball field impv. 0.00 0.00 25,000.00 25,000.00 i 42(: 9216 Service center expenison 41,888.00 67,831.00 109,719.00 66,538.00 i 21,829.46 21,351.54, 42(: 9219 Animal contrc~ facility 0.00 500,000.00 (500,000.00) i 0.00 0.00 42(; 9223 Civic center improvements 0.00 199,953.03 1,800,000.00 500,000.00 2,499,953.03 56,060.38 i 42,070.11 2,401,822.54 42C 9224 Civic center plaza improvements 0.00 ' 63,979.75 900,000.00 963,979.75 0.00 i 26,857.03 937,122.72 .................................. ~%- ......................................................................... + .............................. 420 9524 DeAnza/Stev Creek artenal mgmt 0.00 21,849 13 21,849.13 i 21,849 13 420 9527 Hemestead/Tantau T/S upgrade 3,733.00 172.15 3,905.15 3,733.00 i 0.00 172.15 420 9528 280/Walfe traffic safety improv. I 302,574.31 82,434.64 385,008.95 53,752.78 i 250,836.05 80,420.12 420 9530 Phase III Hmstd artedal m~lmt 0.00 43,540.90 43,540.90 i 2,500.00 41,040.90 Capital Projects April 30, 2003 Fund i Pro~# Description C/O eric CIO bud,qet Adopted chan,qe Total Bud,(let Encumbrance i Expenditure Current Bal. 426 9533 Green LED T/S lights 10,459.86 ~ 261,036 00 271 495 86 332 09 i 10 127 77 261 036 00 42(; 9534 Advanced ITS De Anza bird 30,055.47 675,536.00 705,591.47 11,090.17 J 19,647.21 574,854.09 42C 9535 Adaptive traf control s~/st~rn 635,356.48 300,561.00 935,917.48 556,067.13 i 79,289.35 300,561.00 42C 9536 Stalling corddor T/S upgrade 0.00 4,901.97 4,901.97 i 4,901.97 42C 9537 Bubb corridor T/S upgrade 0.00 3,063.72 3,063.72 I 3,063.72 420 9538 Pruneddge cordder T/S upgrade 0.00 4,901.97 4,901.97 ' 4,901.97 420 9539 Wolfe/Prenedd_ge T/S upgrade 0.00 4,595.58 4,595.58 i 4,595.58 420 9541 School traffic calming measure 163,430.68 21,902.95 185 333.63 i 25,783.60 ~ 137,647.08 21,902.95 42-0 -'"-~4~ Safe-r~u~s'(~lS ..................................... ~'~3~,-000.00 ............................................. ~0,000.00 .................. i ....................... 500,000.00 420 9545 'J-/S upgrades vadous lenatiens 0.00 0.00 300,000.00 (150,000.00 150,000.00 .~ 150,000.00 420 9546 Traf operation center facilities 0.00 0.00 200,000.00 200,000.00 i 200,000.00 420 9547 Yellow ped LED T/S upgrades 0.00 0.00 140,000.00 140,000.00 I 140,000.00 420 9548 Traf st walkability mods facility 0.00 0.00 100,000.00 (95,000.00) 5,000.00 0.00 i 5,000.00 420 9703 Apple public art 100,000.00 (100,000.00 0.00 i 0.00 42~...._.~_222. Libr_a...ry_._.o~l...~t.r~_c..~!._~..._ 1_~.2_5.~_5.~.9:_7_2- _~1.,~720,866.03 17,60~__,._0~._:.0~ .......................... 2_1,~046,386.7_5 ..~_0~§_,'~.~0.:_0~..~..~_,~.]..0_~_0_17..~31 17,701,_18_9.39 424 9210 Senior Center Expansion 10,952.00 34,483.47 45,435.47 0.00 i ! 2,748.60 32,686.87 425 9313 Four Season Comer 0.00 412,074.95 662,000.00 1,074,074.95 56,806.98 i 89,198.15 928,069.82 425 9314 Fcur Season Art Sculpture 0.00 143,788.00 143,788.00 122,220.00 i 21,568.00 0.00 426 9212 Sports Ctr.fitnessexpanalon 0.00 1,629,918.91 711,000.00 2,340,918.91 94,675.41 I 316,419.90 1,929,823.60 560 910E Blackberry Farm 0.00 451,882.65 75,000.00 526,882.65 0.00 i 25,653.67 501,228.98 560 911-~ BBF master plan study 34,000.00 116,000.00 150,000.00 27,309.70 i 59,015.26 63,675.04 ¥otal 4,851,185.14 12,004,530.53 24,402,371.00 1,056,000.00 40,202,086.57 4,281,017.73 i 5,123,345.73 30,797,723.21 CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 HUMAN RESOURCES SUMMARY Agenda Item No. ~- Meeting Date: June 16, 2003 SUBJECT AND ISSUE Approve fiscal year 2003/04 terms and conditions of employment for the City Employees Association and unrepresented management and confidential employees. BACKGROUND Terms and conditions of employment are amended following negotiations with recognized employee organizations. The City has reached tentative agreement on a package of salary and benefit increases balanced by cost saving measures including work furloughs and increased benefit vesting periods. The negotiated package is within City Council authorization with an approximate cost of 5.74% (the net difference between a 6.67% salary and benefit increase less the savings of two work furlough days). Consistent with past practice, a similar package is also proposed for unrepresented management and confidential employees. Key provisions of the proposal are summarized as follows: · Increase retiree medical vesting from 5 to 15 years of service for regular employees hired after 07/01/03. · CEA to forego 07/01/03 top four compensation adjustments. · Discontinue any future top four MOU compensation provisions. · Base salary increase of 3.5%. · City to pay CalPERS retirement cost increase of 1.895%. · Two unpaid furlough days during which City facilities will be closed (day alter Christmas and one additional day to be announced). · Bi-lingual pay differential (7.5% when required). · One year term (July 1, 2003 through June 30, 2004). Approval of the following resolutions is recommended for package implementation: A. Resolution No. 03- amends an MOU with the City Employees' Association (CEA) which represents clerical, technical, and professional employees. Printed on I~ocyclsd Paper Cupertino City Council June 16, 2002 Page 2 B. Resolution No. 03- [ [3 amends the compensation program for unrepresented (management and confidential) employees. The amendments are comparable to those negotiated by CEA, other than standby pay which does not apply to this group. RECOMMENDATION Staffrecommends that the City Council adopt Resolution Nos. 03-[~[ described herein. Submitted by: Approved by: to 03-k[3 as Sandy Abe Human Resources Manager David W. Knapp City Manager RESOLUTION NO. 03-111 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPT1NG A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the City Employees' Association, the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the City Employees' Association. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June 2003 by the following vote: VOTE AYES: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino COMPLIANCE WITH INVESTMENT POLICY City of Cupertino April 30, 2003 Category Standard Comment Yreasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Term Corporate Bonds/Notes 30% with A rating Complies LAIF $40 million Complies Money Market Funds 20% Complies Maximum Maturities 25% up to 15 years Complies (FHLMC at 5+ yrs) " Remainder up to 5 years Complies Per Issuer Max 10% (except govts) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited i Complies MEMORANDUM OF UNDERSTANDING Cupertino City Employees' Association and City of Cupertino July 1, 2003 - June 30, 2004 Table of Contents Category. ~antinn No Discrimination 1 Salary Schedule 2 Out of Class Wage Pay 3 Bilingual Pay Differential 4 Hours of Work - Overtime 5 Work Furlough 6 PERS Contribution 7 Insurance Coverage 8 Holidays 9 Temporary Disability Benefits 10 Vacation 11 Sick Leave 12 Sick Leave Verification 13 Family Leave 14 Personal Leave 15 Bereavement Leave 16 Military Leave 17 Pregnancy Disability Leave 18 Adoption Leave 19 Catastrophic Leave 20 Absence Notification 21 Training & Tuition Reimbursement 22 City Sponsored Recreation Programs 23 3 3 3 3 3 5 5 5 6 7 7 8 10 10 10 10 10 10 11 11 12 12 12 Due Process Layoffs Reinstatement Continuation of Benefits Separability Salary Review Ratification Extended Benefits Term Salary Schedule 24 25 26 27 28 29 30 31 32 Attachment A Page },inmher 12 13 13 13 13 13 14 14 14 15 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CUPERTINO CUPERTINO CITY EMPLOYEES' ASSOCIATION This agreement, entered into the 1st day of July 2003, between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino City Employees' Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Association agree they shall not discriminate in any way on account of race, color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE Approximate monthly salary ranges as listed on Attachment A will apply for each classification effective at the beginning of the pay period in which July 1, 2003 occurs. SECTION 3: OUT-OF-CLASSIFICATION PAY Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five pement greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. SECTION 4: BILINGUAL PAY DIFFERENTIAL An employee who uses bilingual skills as approved by his/her supervisor and who passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay differential only for the work time during which employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. SECTION 5: HOURS OF WORK: OVERTIME 5.1 l-Ionr~ of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carry/ng out the duties of the City. The normal work week shall be 40 hours in seven days. 3 5.2 Overtime Overtime shall be defined as any work in excess of 40 hours in a seven day work period. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 5.3 ~qchednles It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice. 5.4 Re~t Perlnc]~ Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 5.5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 5.6 Cnmpexmatnry Time Off At the employees discretion, compensatory time off may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned compensatory time, shall be allowed to schedule compensatory time off at dates of the employee's selection provided: 1) that prior supervisory approval has been obtained, and 2) the request is made in writing. Compensatory time may be accrued up to 80 hours. Any compensatory time earned exceeding 80 hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option one time each calendar year to convert any/or all accumulated compensatory time to cash. 5. 7 l.eave Aeemml~ An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during said pay period. 4 SECTION 6: WORK FURLOUGH During fiscal year 2003/04, all employees will take two unpaid work furlough days, the day after Christmas and another day to be announced, during which City facilities will be closed. SECTION 7: P.E.R.S. CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. The City will pay the increased FY 2003/04 CalPERS retirement cost of 1.895%. This does not obligate the City to pay any additional CalPERS retirement costs above the 1.895% increase now or in the future. Future CalPERS cost increases will be negotiable. SECTION 8: INSURANCE COVERAGE 8.1 Health - Medical lnm~rance City agrees to pay an amount as set forth hereinfor medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement: July l, 2003 - $682.00 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. In instances where the premium for the insurance plan selected is less than the city's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. The City reserves the right of selection and administration as to deferred compensation plan(s). If during the term of this agreement, modifications are made to the Federal tax Code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. 8.2 Dental IBm~ranee City agrees to pay $74.47 per month for employees and their dependents. 8.3 Life lnmiranee City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 8.4 T nng Term Disability lllmlrallae The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may us sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 8.5 Vision Care Inm~ranee The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.74 monthly. SECTION 9: HOLIDAYS 9.1 Fixed Holiday~ The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Washington's Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Day following Thanksgiving 9. Christmas Eve 10. Christmas Day 11. New Year's Eve 12. Martin Luther King Day When a holiday fails on a Saturday, the preceding Friday shall be observed as the non- work day. When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. Nothing conta'med herein shall preclude the fight of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 9.2 Flnating lqnliclay~ In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of no less than one hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 6 9.3 l-l~liday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. SECTION 10: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. lO. 1 lTse of Sick l,eave to ,qnpplement Tempc~rary (nc}t held) Di~ahility Payment~ Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 10.2 1Tse of giek T,eave for lndn~triM l~nry Medical Ap.nnintrnent~ An employee who is required to see a physician regarding the injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period. SECTION 11: VACATION All employees, other than those holding temporary status, whose work assignment is ora recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval. Benefited full-time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. ,qerviee Time T4r~ nf Ace. mM Per Pay Annna] Aeenmls Maximnm Aeenml Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate being earned. Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. 4. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. SECTION 12: SICK LEAVE All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Sick leave may be utilized due to the employee's personal illness, injury, maternity or sickness or injury to the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. 12. / ~qiek I ,cave Cnnve. minn 12.2 Sick leave is not vested under California statutory law. 12.3 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate at the time of term/nation. 12.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five pement (85%) of the value of the incentive compensation bank. 8 12.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. 12.6 Represented employees will have the option, subject to approval of the department head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. The m'mimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to- one basis with a maximum of 48 hours and a minimum of 4 hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of the vacation accrued during the previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least fourteen (14) calendar days in advance of intended vacation utilization. The granting of such exchange and subsequent use will be at the discretion of the department head. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the fight to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed previously converted only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the mount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ration at the time the initial exchange was implemented. SECTION 13: SICK LEAVE VERIFICATION A Department Head or supervisor may at their discretion require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds tkree (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. SECTION 14: FAMILY LEAVE The City of Cupertino will be in compliance with State and Federal Family Leave laws. SECTION 15: PERSONAL LEAVE The City shall allow accumulated sick leave credits to be used for medical appointments, to care for children or members of the immediate family who because of illness cannot care for themselves, and for medical emergencies. SECTION 16: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death ora close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic parmer, child, step-child, grandparent, grandchildren, mother- in-law and father-in-law. SECTION 17: MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give their supervisor an oppommity within the limits of military requirements, to determine when such leave shall be taken. SECTION 18: PREGNANCY DISABILITY LEAVE A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. 10 An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The City will continue to provide health and welfare benefits consistent with the provisions of Section 6 of this agreement until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. SECTION 19: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. SECTION 20: CATASTROPHIC LEAVE The City's Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave, and ask the applicant to submit further documentation fi.om their physician, and to determine the applicant's eligibility for catastrophic leave. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. A recipient must have used all of their available leave hours before he/she is eligible. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. Donated vacation leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Interest accruing from the bank shall be credited to the time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of his or her regular pay. 11 An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds. SECTION 21: ABSENCE NOTIFICATION An employee is expected not to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any mason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himselfJherself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. SECTION 22: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees; and to adopt a training policy which will encourage employees to avail themselves of job related educational opporttmities that will advance their knowledge and interests in the direction of their career with the City; and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for job related training program costs shall provide a written request for reimbursement to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Once a training program has been approved, any employee covered would be eligible for reimbursement for job related training. However, no employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the training program. SECTION 23: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. SECTION 24: DUE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first 12 having been given, in writing the basis for such action being taken and the opportunity to question the reasons therefore of his/her supervisor or department head. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the file after three years. SECTION 25: LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the lease disruption of service to the City. Unless otherwise prevented fi'om doing so as a result of conditions or situations beyond the City's control, the City will provide a minimum of thirty (30) days notice to any employee subject to being laid off pursuant to the Rule on layoffs. SECTION 26: REINSTATEMENT The names of employees affected by layoff shall be placed on recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes, shall be considered as though they had received an original appointment. SECTION 27: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 28: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 29: SALARY REVIEW The City agrees to perform a salary and retirement review for one classification at the request of the CEA negotiations team. 13 SECTION 30: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the Association's membership and presented and approved by the City Council of the City. SECTION 31: EXTENDED BENEFITS It is understood and agreed that any more favorable total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Cupertino Employee's Association. The more favorable terms will be incorporated into this agreement. SECTION 32: TERM This agreement shall be effective commencing at 12:01 a.m., July 1, 2003 and ending at 11:59 p:m. June 30, 2004. CITY EMPLOYEES' ASSOCIATION CITY OF CUPERTINO Diane E. Arrants Colin C. Jung Gary J. Kornahrens Susan J. Winslow Chylene L. Osborne Kimberly D. Frey Date: Reviewed by City Attorney Charles T. Kilian David W. Knapp Carol A. Atwood Carol T. Ferrell Sandy Abe Date: Date: t4 SECTION 2: SALARY SCHEDULE ATTACHMENT A Classification Step 1 Step 2 Step 3 ! Step 4 Step 5 I Account Clerk $3,708.001 $3,893.00 $4,088.00i $4,292.00 $4,507.00 Administrative Clerk $3,930.001 $4,126.00 $4,33~.00i $4,549.00 $4,777.00 Assistant Civil Engineer $5,567.00 $5,845.00 $6,137.00i $6,444.00j $6,766.00 Assistant Planner $5,024.00 $5,275.001 $5,539.00' $5,816.00; $6,106.00 Associate Planner $5,4'14.00 $5,685.00i $5,969.00 $6,267.00 $6,581.00 Building Inspector $5,739.00 $6,026.001 $6,327.00 $6,643.00 $6,975.00 Case Manager $4,019.00 $4,220.00 $4,431.00 $4,653.00 $4,885.00 Code EnforcementOfficer $4,644.00¢ $4,876.00 $5,120.00i $5,376.001 $5,645.00 Engineering Technician $4,734.00 $4,970.00 $5,219.00 $5,480.00 $5,754.00 Environmental Programs Assistant $4,767.00 $5,005.00 $5,256.00 $5,518.00 $5,794.00 Facility Attendant $2,822.00 $2,963.00 $3,111.00 $3,267.00 $3,430.00 IofficeAssistant $3,140.00 $3,297.00 $3,462.00 $3,635.00, $3,816.00 Pro Shop Attendant $2,684.00i $2,818.00 $2,959.00 $3,107.00 $3,263.00 Producer $4,134.00 $4,341.00 $4,558.00 $4,786.00 $5,025.00 Program Promotions Director $3,763.00 $3,951.00 $4,149.00 $4,356.00 $4,574.00 Public Works Inspector $5,739.00 $6,026.00 $6,327.00 $6,643.00 $6,975.00 Receptionist/Clerk $2,842.00! $2,984.00 $3,133.00 $3,290.00 $3,454.00 Recreation Assistant $2,022.00! $2,123.00 $2,230.00 $2,341.00 $2,458.00 Recreation Coordinator $3,763.00! $3,951.00 $4,149.00 $4,356.00' $4,574.00 Senior Engineering Technician $5,102.00 $5,357.00 $5,624.00 $5,906.00 $6,201.00 Senior Office Assistant $3,486.00 $3,660.00 $3,843.001 $4,036.00~ $4,237.00 Senior Planner $5,806.001 $6,096.00 $6,401.00 $6,721.001 $7,057.00 Senior Traffic Technician $5,102.00! $5,357.00 $5,624.00 $5,906.00 $6,201.00 Special Programs Coordinator $3,462.001 $3,635.00 $3,817.00 $4,008.00 $4,208.00 Traffic Signal Technician $5,309.00 $5,575.00 $5,853.00i $6,146.00i $6,453.00 Traffic Technician $4,734.00 $4,970.00 $5,219.00i $5,480.001 $5,754.00 15 RESOLUTION NO. 03 - 113 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 00-185, UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees' Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment "A" which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 16th day of June, 2003 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Attachment "A" City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 1 PROGRAIVl PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as cimumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title Accountant Accounting Technician Administrative Secretary Assistant City Attorney Assistant Director of Public Works Building Official City Clerk City Manager City Planner Community Relations Coordinator Deputy City Attorney Deputy City Clerk Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Environmental Programs Manager Finance Manager GIS Coordinator Human Resources Analyst Human Resoumes Manager Human Resources Technician Information Technology Manager Network Specialist MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Cominued) Public Information Officer Public Works Projects Manager Public Works Supervisor Recreation Supervisor Secretary to the City Attorney Secretary to the City Manager Senior Architect Senior Civil Engineer Service Center Manager Traffic Engineer Web Specialist Adopted by Action of the City Council, April 1, 1974 Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02 2 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal policies. As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 3 TRAINING AND CONFERENCES I. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons, other than the City Manager, under this Compensation Program shall be reimbursed in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City. One means of implementing this encouragement is through a formal reimbursement schedule for authorized attendance at such conferences, meetings and training sessions. B. Non-Management Personnel When authorized by a Department Head, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred being limited to authorized actual costs thereof. II DEFINITIONS A. Budgetary Limitations Funding capability for payment toward or reimbursement of expenses incurred for attendance at conferences, meetings and training sessions shall be limited to the amount appropriated as a line item for each applicable amount. B. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City of the individual. 4 C. Local Area A local area is that within an approximate 100 mile radius or two hours drive of the City. D. Meetings A "meeting" shall mean a convention, conference, seminar, workshop, meal or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. E. Training Session A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. III REIMBURSEMENT SCHEDULE A. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. B. Transportation When an expenditure is authorized or is eligible for reimbursement the City will pay transportation costs from the attendee's home to the destination and return on the basis of the costs for the nearest route by air at the air coach fare. Transportation costs also may include limousine or taxi service to and from the attendee's home and the airport or for airport or destination parking charges for personal automobiles so parked when such is used in lieu of travel by air. Use of a personal automobile for City business shall be reimbursed at a rate per mile then in effect for such use except in no case shall it exceed air coach fare. Requests for car rentals must have prior approval by the City Manager for reimbursement. Reimbursement for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. 5 C. Hotel Payments toward or reimbursement of hotel or lodging expenses is limited to the actual cost of the room. Such payments or reimbursements shall not be made for hotel or lodging expense when incurred within the local area. Exceptions to this requirement shall be for attendance at the Annual League of California Cities Conference and for those nights when attendance at other conferences, meetings and training sessions official functions would preclude the return to the City by the attendee within two hours after the end of the normal working day. D. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Costs of special luncheon or dinner meetings or other programs on the agenda and not covered by registration fees may be paid or reimbursed in addition to this daily allowance when approved by the City Manager. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. No payment shall be made for any expenses incurred which are of a personal nature or not within a standard or reasonableness for the situation as may be defined by the City Manager. IV ATTENDANCE AUTHORIZATION A. Budgetary Limitations Notwithstanding any attendance, authorization contained herein, reimbursement for expenses incurred or expenditures made relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. B. Conference Attendance Attendance at conferences or seminars by employees must be approved by the Department Head or the City Manager. C. Meetings Any employee, management or non-management, may attend a meeting when authorized by the Department Head. D. Training Sessions Any employee, management or non-management, may attend a training session when authorized by the Department Head. V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. There also will be an appropriation to the Department of Parks and Recreation each year to be used as payment toward or reimbursement of expenses incurred for its in-service training program. Excluded from this funding capability is that amount to be determined each year and appropriated to the Personnel Division for costs incurred in training programs of a general nature and applicable to all employees. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92 7 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES ANT) MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification City Manager $350.00 City Attorney 350.00 Director of Administrative Services 300.00 Director of Community Development 300.00 Director of Parks and Recreation 300.00 Director of Public Works 300.00 Assistant Director of Public Works 250.00 City Clerk 250.00 Human Resources Manager 250.00 Public Information Officer 250.00 Senior Architect 250.00 Traffic Engineer 250.00 Recreation Supervisor 200.00 Secretary to City Manager 200.00 Allowance Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. Adopted by Action of the City Council April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 9 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 6 OVERTIME WORKED Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97 10 UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of'the employee in these positions, the City shall contribute an amount of $702.00 per employee per month towards the premium or pay the full cbst of the premium if less than this amount..If the premium amounts for any employee covered by this policy are less than $702.00 per month, the difference between the premium amount and $702.00 will be included in the employee's gross pay. Adopted by Action of the City Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/8I, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02 11 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 8 FLEXIBLE HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99 12 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/81.6/82, 6/92 13 City of Cupertino UNREPP,_ESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, roles and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 14 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION It is the policy of the City of Cupertino to pay the eligible employee's contribution rate to the Public Employees' Retirement System not to exceed seven percent (7%) of the applicable salary. The City will pay the increased FY 2003/04 CalPERS retirement cost of 1.895%. This does not obligate the City to pay any additional CalPERS retirement costs above the 1.895% increase now or in the future. Future CalPERS cost increases will be negotiable. Adopted by Action of the City Council June, 1981 Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03 15 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $74.47 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers. Adopted by Action of City Council July 1, 1983 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99 16 City of Cupertino UNPdSPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 13 ADMI]X!ISTRATIVE LEAVE The City Manager, City Attomey, and department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July, 1988 Revised 7/92, 7/97, 7/99 17 City of Cupertino UNRJEPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 18 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGR2MVi Policy No. 15 PUBLIC SERVICE CREDIT - VACATION ACCUMULATION The City Manager, City Attorney, and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 Revised 6/99 19 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 16 HOUSiNG ASSISTANCE PROGRAM Housing assistance will be offered to the City Attorney and department heads pursuant to Resolution No. 99-070 as amended. Adopted by Action of the City Council July 7, 1997 Revised 7/99 20 City of Cupertino Unrepresented Employees' Compensation Program Policy No. 17 VISION INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $13.74 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carder or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1997 Revised 7/99, 6/02, 6/03 21 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation Effective July 1,2003 CITY OF CUPERTINO CLASSES OF POSITION/CITY COUNCIL AND PLANNiNG COMMISSION EFFECTIVE JULY i, 2003 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Council can modify these rates. Classification Step 1 Step 2 Step 3 Step 4 Step 5 City Attorney $14,242.00 City Manager $15,535.00 Director of Administrative Services $10,155.0(: $10,663.00 $11,196.0(3 $11,756.00 $12,344.00 Director of Community Development $9,546.0(: $10,023.00 $10,524.00 $11,051.00 $11,603.00 Director of Parks and Recreation $9,546.0(: $10,023.00 $10,524.0(3 $11,051.00 $11,603.00 Director of Public Works $10,362.0(; $10,880.00 $11,424.00 $11,995.00 $12,595.00 Members of the City Council $618.85/month Members of the Planning Commission $50.00/meeting (maximum $200.00/month) CITY OF CUPERTINO CLASSES OF POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS EFFECTIVE JULY 1, 2003 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney $6,074.0(; $6,377.00 $6,696.00 $7,031.0( $7,383.00 Assistant Director of Public Works $8,238.06 $8,650.00 $9,082.00 $9,536.06 $10,013.00 Building Official $7,489.0( $7,863.00 $8,257.00 $8,669.0( $9,103.00 City Clerk $6,074.0(: $6,377.00 $6,696.00 $7,031.0( $7,383.00 City Planner $7,489.0( $7,863.00 $8,257.00 $8,669.0( $9,103.00 Environmental Programs Manager $5,983.0( $6,282.00 $6,597.0(; $6,926.00 $7,273.00 Finance Manager $7,163.0( $7,521.00 $7,897.06 $8,292.00 $8,706.00 Human ResourcesManager $7,163.00 $7,521.00 $7,897.0( $8,292.00 $8,706.00 Information TechnologyManager $6,928.00 $7,275.00 $7,639.0(: $8,021.00 $8,422.00 Public Information Officer $6,074.00 $6,377.00 $6,696.0( $7,031.00 $7,383.00 Public WorksProjectManager $6,074.00 $6,377.00 $6,696.00 $7,031.00 $7,383.00 ~ublic Works Supervisor $5,608.00 $5,888.00 $6,182.00 $6,492.00 $6,816.00 ~ecreationSupervisor $5,608.00 $5,888.0(3 $6,182.00 $6,492.00 $6,816.00 ~eniorArchitect $7,489.00 $7,863.0(3 $8,257.00 $8,669.00 $9,103.00 ,~enior Civil Engineer $7,489.00 $7,863.06 $8,257.00 $8,669.00 $9,103.06 Service CenterManager $7,489.00 $7,863.06 $8,257.00 $8,669.00 $9,103.0(3 CITY OF CUPERTINO CLASSES OF POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1, 2003 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant $5,022.0(; $5,273.00 $5,537.00 $5,814.00 $6,105.00 Accounting Technician $4,660.00 $4,893.00 $5,138.00 $5,395.00 $5,665.00 Administrative Secretary $4,184.00 $4,393.00 $4,613.0C $4,844.00 $5,086.00 Community RelationsCoordinator $4,828.00 $5,070.00 $5,323.0¢ $5,589.00 $5,869.00 Deputy City Clerk $4,184.00 $4,393.00 $4,613.0(; $4,844.00 $5,086.00 GISCoordinator $4,828.00 $5,069.00 $5,323.0(; $5,589.00 $5,868.00 Human Resources Analyst $5,022.00 $5,273.00 $5,537.0(2 $5,814.00 $6,105.00 Human ResourcesTechnician $4,660.00 $4,893.00 $5,138.0(; $5,395.00 $5,665.00 Network Specialist $4,828.00 $5,070.00 $5,323.0(; $5,589.00 $5,869.00 Secretary to the City Attorney $4,577.00 $4,806.00 $5,046.0£ $5,299.00 $5,564.00 Secretary to the City Manager $4,577.00 $4,806.00 $5,046.00 $5,299.00 $5,564.0(~ Web Specialist $4,828.00 $5,069.0(; $5,323.00 $5,589.00 $5,868.0(; CUPEPxTINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE Jtme 16, 2003 SUBJECT AND ISSUE Authorize the City Manager to execute a Renewal Agreement to the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy. BACKGROUND On February 18, 2003 City Council authorized the City Manager to execute an Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy. This agreement expired on May 31, 2003 with a provision to renew the agreement for an additional period of four months with the mutual agreement of the parties. Ricochet would like to renew the agreement for an additional four months with an expiration date of September 30, 2003. During this time the City will negotiate with RNI to take over the former Metricom system in our jurisdictions for their use. At the end of this time, the City will either have negotiated a satisfactory long-term agreement with RNI, or Public Works will disconnect and remove the equipment. FISCAL IMPACT Successful negotiation and execution of a Renewal to the Interim Agreement with RNI will allow the City to defray any power consumption costs that may accrue for pole top radio repeater equipment still connected as of February 1, 2003. STAFF RECOMMENDATION Adopt a resolution to authorize the City Manager to execute a Renewal Agreement to the Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way that was abandoned by Metricom upon Metricom's bankruptcy. Submitted by: Approved for Submission: Ralph A. Qualls, Jr. Director of Public Works Prmted on Recycled Paper David W. Knapp City Manager DRAFT RESOLUTION NO. 03-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RENEWAL AGREEMENT WITH RICOCHET NETWORKS, INC. FOR PAYMENT OF POWER COSTS FOR WII~LELESS RADIO REPEATER EQUIPMENT WHEREAS, on February 18, 2003, City Council authorized the City Manager to execute an Interim Agreement with Ricochet Networks, Inc. (RINI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way; and WHEREAS, this agreement expired on May 31, 2003, with a provision to renew the agreement for an additional period of four months with the mutual agreement of the parties; and WHEREAS, Ricochet would like to renew the agreement for an additional four months with an expiration date of September 30, 2003. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute a Renewal Agreement with Ricochet Networks, Inc. on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this lCh day of June, 2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPER TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Adoption of a Resolution to approve the agreement with Apple Computer for the disposal of electronic products and computers for fiscal year 2003-2004. Authorization for the City Manager to negotiate and execute an amendment to the contract with Los Altos Garbage Company regarding the cost for resident to dispose of television sets in an amount not to exceed $15,000. BACKGROUND On September 16, 2002 the Council authorized the City Manager to execute a contract wherein the City and Apple Computer, Inc. have partnered to provide an electronic waste disposal program for Cupertino residents at their facility on Bubb Road. The contract was extended to June 30, 2003 at the April 7, 2003 City Council meeting. The facility is open Monday, Wednesday, and Friday from 8:00 am to 4:30 pm. Apple has hired vendors that only dispose of waste in an environmentally friendly manner. At the Council's request staff discussed extending Apple's services to include disposal of televisions sets as well. Apple could provide this service at a cost of $58 per unit disposed. However, Apple would only be able to receive television sets for disposal on two days during the year, and these two days would be scheduled outside the regularly scheduled program hours. In addition, the City would be required to provide traffic control for the events. Alternatively, Los Altos Garbage Company (LAGCO) currently provides on-call door-to-door service for disposal of television sets at a cost of $50 per unit. As a result, service provided by LAGCO is a much more convenient option for residents. In order to make it as convenient and affordable as possible, staff would recommend the City allocate up to $15,000 to subsidize the cost such that Cupertino residents would only be required to pay $20 per unit disposed. Negotiation of a minor amendment to the LAGCO contract to this end would be necessary and is recommended for a trial period of one year not to exceed $15,000, which would provide assistance to 500 residents. PrintodonRocycledPaper IO~l FISCAL IMPACT Funding for the amendment to the Apple contract in the amount of $25,000 and the LAGCO agreement in the amount of $15,000 is available in the Resource Recovery Fund, Fund No. 520- 8003, in the adopted FY 02-03 Operating Budget. RECOMMENDATION Adopt Resolution No. 03- ~[~, approving the agreement with Apple Computer for electronic waste disposal for FY 03-04 and authorizing the City Manager to renew the agreement for up to three (3) additional terms of one (1) year each on such terms as are mutually agreeable to the City and Apple. Authorize the City Manager to negotiate and execute an amendment with Los Altos Garbage Company, not to exceed $15,000 to lower the rate on TV collection and disposal. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager RESOLUTION NO. 03-117 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR AN ELECTRONIC WASTE PROGRAM WITH APPLE COMPUTER, INC. FOR THE DISPOSAL OF CONSUMER ELECTRONIC PRODUCTS AND COMPUTERS (E-WASTE) WHEREAS, the California Environmental Protection Agency has determined that cathode ray tubes are hazardous waste due to levels of lead and it is unsafe to dispose of them in landfills; and WHEREAS, E-waste or electronic waste is the fastest growing waste problem facing cities today; and WHEREAS, Apple Computer, Inc. has developed a program to dispose of and recycle e- waste and provides an environmentally responsible opportunity for residents of Cupertino to recycle end-ofqife computers and consumer electronic products. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves an agreement between Apple Computer, Inc. and the City of Cupertino for the disposal of e-waste. IT IS FURTHER RESOLVED that the City Council authorizes the City Manager to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16~ day of June, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT "A" Electronic Waste Program Apple Computer, Inc. and the City of Cupertino SCOPE OF SERVICES: Apple, in cooperation with the City of Cupertino, will implement a program to provide an environmentally responsible opportunity for residents of Cupertino to recycle end of life computers and consumer electronics products. The length of this agreement is one year. At the end of that time both the City and Apple shall have the option of renewing the program for three, one-year terms, corresponding to the fiscal year (July 1 to June 30). Apple will accept, at its facility located at 10300 Bubb Road, electronic items residents wish to dispose of in an environmentally responsible manner. Apple will also accept electronic items from the City that have previously been used at City facilities, for the City's use. The process Apple uses is designed to divert over 90% of the end-of-life materials received through the program from landfill to other beneficial use through muse or recycling. Acceptable Materials Computer equipment and associated equipment Computers (CPUs and monitors with intact screens), keyboards, mice, external hard drives, floppy drives, optical drives, printers, scanners) Selected office electronics (Fax machines, small home copiers) Selected home entertainment electronics (Stereo equipment, non-wood speakers, VCRs, laser discs, DVD players) Unacceptable materials Televisions, batteries, computer monitors with broken or cracked screens (televisions may be accepted in the future in the event Apple and the City mutually agree on a program and associated costs), Apple will arrange a convenient drop off location and process at 10300 Bubb Road for residents of Cupertino. Below is an overview of how the process works. 1- Resident pulls vehicle into designated location at 10300 Bubb Road. 2- Apple will verify residency using government issued photo ID (e.g. drivers reserves the right to decline to accept equipment in quantities that, in its opinion, would not be used in a single household (i.e., which appear to come from a business), since the program is designed and scaled for residential recycling. CUPEP TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ~ AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Adopt a resolution accepting the streets constructed by the Oak Valley Subdivision, Tracts 9054 and 9075 through 9078 into the City street system. Adopt a resolution authorizing the Mayor to execute a Certificate of Acceptance of Easement Deeds from the County of Santa Clara for various easements within the subdivision, and authorize the release of the construction securities for the Oak Valley Subdivision. BACKGROUND On December 1, 1997, Council approved the Oak Valley Subdivision, Tracts 9054 and 9075 through 9078. Subsequently, a project development agreement between the developer O'Brien Group and the City, and an agreement among the Roman Bishop of San Jose, the O'Brien Group, the County of Santa Clara, and the City for exchange of property and easements necessary for construction and maintenance of the project were executed. Construction securities were submitted, the final maps for the subdivision were filed for record on July 9, 1998, and the O'Brien Group commenced construction of the project. Construction of the subdivision's required works of improvement have been completed and inspected. Upon acceptance by the City, the roadways and other improvements will be City maintained, and the construction securities, in the form of surety bonds, can be released. In addition, easements across County land for emergency vehicle access and other right-of-way, for water system improvements and other public utilities, and for maintenance of storm drainage facilities, per the Agreement for Exchange of Property and Easements, can now be accepted. The developer has complied with the plans and conditions as approved. However, there are traffic design elements that were incorporated in the project conditions and improvement plans and subsequently installed that may need to be altered after the project improvements are accepted. The project conditions of approval require very minimal traffic sign size and engineering grade sign reflectivity. At the time the development permit was approved in 1997, it may have been intended that the signs not be too obtrusive in the somewhat rural neighborhood. However, whatever the reason, the traffic signs are below City size and reflectivity standards, and once the roadways become City streets, will need to be replaced by the City in order to avoid any potential future liability. In addition, as called for in the project improvement plans, planters were placed in the site roadways, presumably as traffic calming devices. This type of traffic calming device has not been approved for general use in Cupertino, and has been the source of many complaints by residents, which are likely to increase once accepted by the City. FISCAL IMPACT Subsequent to acceptance, the City will replace the traffic signage, at a cost of approximately $10,000.00. STAFF RECOMMENDATION Adoption of Resolution No. 03- 1( ~ , accepting the streets constructed by the Oak Valley Subdivision, Tracts 9054 and 9075 through 9078 into the City street system. Adoption of Resolution No. 03- /1~ , authorizing the Mayor to execute a Certificate of Acceptance of Easement Deeds from the County of Santa Clara for various easements within the subdivision, and authorize the release of the construction securities for the Oak Valley Subdivision. Submitted by: Director of Public Works Attachments: Resolutions Certificate of Acceptance Approved for submission: David W. Knapp City Manager RESOLUTION NO. 03-118 DRAF]' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING THE STREETS OR ROADS IN THE OAK VALLEY SUBDIVISION, TRACTS 9054 AND 9075 THROUGH 9078, iNTO THE CITY STREET SYSTEM WHEREAS, certain improved streets or roads shown in Exhibit A, have been constructed by the Oak Valley Subdivision, Tracts 9054 and 9075 through 9078, in the City of Cupertino; and WHEREAS, pursuant to Section 1806 of the Streets and Highways Code of the State of California, no public or private street or road shall become a City street or road until and unless said road or street is accepted into the City street system by resolution of this Council; and WHEREAS, this Council finds that it is in the best interest of the City of Cupertino to accept said streets or roads into the City street system; NOW, THEREFORE, BE IT RESOLVED, that this Council does hereby accept the streets or roads into the City street system of the City of Cupertino as described in Exhibit A, attached hereto and made a part hereofi PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 03-118 2 EXHIBIT A (Street Acceptance) Name Cristo Rey Drive Hammond Way Canyon Oak Way Serra Street Manzanita Court Madrone Court Maryknoll Court Oak Valley Road Juniper Court Black Oak Way Sycamore Drive Length 0.57 MI 0.16 MI 0.03 MI 0.20 MI 0.25 MI 0.10 MI 0.18 MI 0.13 MI 0.05 MI 0.23 MI 0.O5 MI 0.()') MI 0.12 MI 0.2~: MI 2.4.~ MI Width 60 ~ 29 fl: 29 ff 29 ft 29 ft 29 ff 29 ff 29 ff 29 fl: 29 ff 29 ft 29 ~ 29 ~ 29 ~ From T_qo Cristo Rey Drive Cristo Rey Drive Cristo Rey Drive End Cristo Rey Drive End Cristo Rey Drive Manzanita Court Manzanita Court Cristo Rey Drive Canyon Oak Way End Canyon Oak Way End Canyon Oak Way End Canyon Oak Way End Cristo Rey Drive Sycamore Drive Sycamore Drive End Oak Valley Road End Sycamore Drive End Oak Valley Road End EXHIBIT A (Easement Acceptance) ATTACHMENT INDEX Overview Map AREA A CONVEYANCES AND RESERVATIONS LOS 5 - Parcel E of Tract 9054 Oak Valley Unit 1 Reserving therefrom for the City of Cupertino the following: EOS 18 - Reservation of a 30-foot easement for emergency access and access to cemetery and SNY 1 AREA B CONVEYANCES AND RESERVATIONS LOS 2 - Parcel K of Tract 9054 Oak Valley Unit 1 Reserving therefrom for the City of Cupertino the following: EOS 16 - Easement for a storm drainage detention pond on LOS 2 EOS 17 - 15-foot easement for underground storm drainage near detention pond on LOS 2 EOS 13 - 30-foot easement for underground utilities AREA E CONVEYANCES AND RESERVATIONS LOS 4 - Parcel C of Tract 9054 Oak Valley Unit 1 Reserving therefrom for the City of Cupertino the following: EOS 8 - Reservation of a 1 O-foot easement to maintain public storm drain EOS 9 - Reservation of an easement to maintain public storm drain and sewer EOS 10 -Reservation of an easement to maintain public storm drain EOS 11 - Reservation of a 30-foot easement for emergency access and service road, underground utilities (storm drain, sewer, water, telephone) and construction traffic, and pedestrian/bicycle access EOS 14 - Reservation of an easement to maintain public underground storm drain along Cristo Rey Drive EOS 15 - Reservation of an easement to maintain public storm drainage detention basin off Cristo Rey Drive EOS 19 - Reservation of a 20' x 35' easement to maintain public storm drain EOS 20 - Reservation of an easement to maintain public storm drain near emergency access road (EOS 11) EASEMENTS OVER EXISTING PARK LANDS F ! - EFC 3 - Easement to maintain 2 million gallon water tank as part of the public water system F2 - EFC 4 - Easement to maintain underground facilities and surface unpaved access for public water system F3 - EFC 5 - Public utility easement for underground water, gas, and electrical systems F4 - EFC 6 - Right-of-way and utility easement, including storm drainage, sewer, and water system C U P ~ R T I N 0 0 GRANT DEED - EXHIBIT A Park: Project: Hap Ret'.: Rancho 5an Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 ~: 3 (Area B) LOS 1 (DEV£LOP£R will provide description before COUNTY accepts titJe m ~he propertT.) LOS 2 - Parcel K of Tract No. 9054 Oak Valley Unit 1 RESERVING THEREFROM the following easements to the City of Cupertino (CITY): The easements described below are reserved subject to the following conditions. Additional conditions are set out with the description of the individual easements described below: a. CITY shall maintain the facilities in the easement area and the access to the facilities. b. CITY shall provide plato for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. d. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks 8~ Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY agai~st all liability arising out of CITY's exercise of its easement rights. EOS 16 - A non-exclnsive easement for installation, maintenance and replacement of public storm drainage facilities on the properr/described below under the following conditions: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 17 - A non-exclusive 1 S-foot wide easement for installation, maintenance and replacement of public storm drainage facilities on the property described below under the following conditions: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) LOS 3 - Parcel ) of Tract 9054 Oak Valley Unit I RESERVING THERFFROHI the following easements to the City of Cupertino :CITY): EOS 13 - a public utility easement 30 feet wide for underground utilities on the property described below under the following conditions: a. CITY shall maintain the facilities in the easement area and the access to the facilities. b. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. d. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. CITY shall not close public access to park iands unless CITY receives written permission from COUNTY's Director of Parks ~ Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its easement rights. (DEVELOPER will provide easement description before COUNTY accepts title to the property.) [~- When recorded, return to: County of Sanrn Clara Parks ~ Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 EXHIBIT E GRANT DEED Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 &: 6 (Area C) ROMAN CATHOLIC BISHOP OF SAN lOSE, a California corporation sole, (GRANTOR) ~rants to COUNTY OF SANTA CLARA, a political subdivision of the State of California, (GRANTEE) all that real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A. ROMAN CATHOLIC BISHOP OF SAN lOSE Date By Rev. Michael ]. Mitchell, Attorney-in-fact State of California ) County of Santa Clara ) ss. On , 1998, before me, a Notary Public in and for said State, personally appeared Michael 1. Mitchell, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Notary Public GRANT DEED - EXHIBIT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley- Tract No. 9054 342-5-59, 60 LOS 4 ~ 6 (Area C) LOS 4 - Parcel C of Tract 9054 RESERVING THEREFROM the following to the City of Cupertino (CITY): The easements described below are reserved subject to the following conditions: a. CITY shall maintain the facilities in the easement area and the access to the facilities. b. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. d. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks t~ Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall cam/out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITy's exercise of its easement rights. EOS 8 - A non-exclusive easement for installation, maintenance and replacement of I O-foot public storm drainage facilities, including ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 9 - A non-exclusive easement for installation, maintenance and replacement of an easement for public sewer and storm drainage, including ingress and egress, on the property described below: (DEVELOPER will provide easement description before COUNTY accepts tide to the property.) EOS 10 - A non-exclusive easement for installation, maintenance and replacement of public underground storm drainage facilities, including ingress and egress, on the property described below (along Cristo Rey Drive to detention basin): (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 11 - A non-exclusive easement for installation, maintenance and replacement of facilities for public emergency vehicle access, public utilities, including ingress and egress, and pedestrian/bicycle access on the property described below: (DEVELOPER will provide easement description before COUNTY accepts title tO the proper'/.) EOS 14 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below (along Crisco Rey Drive to detention basin): (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 15 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below (at the detention basin): (DEVELOPER will provide easement description before COUNTY accepts title to the property.) EOS 19 - Easement for installation, maintenance and replacement of public storm drainage facilities on the property described below: (DEVELOPER will provide easement description before COUNTY accepts tide to the property.) EOS 20 - Easement for installation, maintenance and replacement of public storm drainage facilities on the property described below: (DEVELOPER will provide easement description before COUNTY accepts tide to the property.) GRANT DEED - EXHIBIT A Park: Project: APN: 1'4ap Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 ~ 6 (Area C) LOS 6 - Parcel D of Tract 9054 Oak Valley Unit 1. GRANTOR shall maintain in perpetuity the ponds and appur:enant facilities on the subject Parcel D according to the following: kiaintain the ponds and landscaping according to the Landscaping Plans for Tract 9054 Oak Valley Unit I as approved by GRANTEE. GRANTOR shall submit landscaping plans for GRANTEE'S approval 60 days in advance of any proposed installation date. GRANTEE shall not unreasonably withhold its consent. IHaintain the ponds and adjacent landscaping to be clean and attractive and ensure that no public health hazard or nuisance exists on the parcel. 3. Ensure that public access through the parcel is kept open. Submit any plans for changes in the ponds and landscaping to GRANTEE 60 days before any such changes are to be installed. GRANTEE shall not unreasonably withhold its approval. Shall protect, defend, indemnify and ho[d harmless GRANTEE from and against any damages, expenses or liabilities arising directly or indirectly arising from GRANTOR's maintenance of the subject parcel Shall maintain at ks own cost general liability insurance in the amount of $1,000,000 per occurrence naming the GRANTEE as additional insured against any liability, costs, claims or damages arising from GRANTOR's maintenance of the subject parcel EXHIBIT F-1 When recorclec~, return to: County of Santa Clara Parks ~: Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 EASEMENT DEED Park: Project: APN: Map Reft: Rancho San Antonio Oak Valley - Tract No. 9054- 342-5-62 EFC 3 (Water system facilities) COUNTY OF SANTA CLARA, a political subdivision of the State of C~lifomia, COUNTY) grants to CITY OF CUPERTINO, a municipal corporation, (CITY) a non-exclusive easement for maintenance and replacement of water system facilities, including regress and egress, on the real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under the following conditions: 1. CITY shall maintain the facilities in the easement area and the access to the facilities. 2. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. 4. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. 5. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Park~ ~ Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. 6 CITY shall restore the [and disrupted by maintenance or repairs to the condition existing before such work was begun. 7. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public access to park lands. 8. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its easement rights. Date Blanca Alvarado, Chairperson State of California ) County of Santa Clara ) On ,1998, before me, , a Notary Public in and for said State, personally appeared .Blanca Alvarado., known to me to be the Chairperson of the Santa Clara County Board of Supervisors, known to me to be the person who executed this instrument on behalf of Santa Clara County and acknowledged to me that Santa Clare County authorized execution of this instrument. Notary Public EASEPIENT DEED- EXHIBIT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-62 £FC 3 (Water ~ystem facilities) Ail that real proI:~ty &tm~e in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel A as said parcel is de.scribed in that certain deed recorded on October I 1, 1977 in Book D197 of Official P, ccords at page 696 recorded in the Office of the Recorder of the Coumy of Santa Clara, State of CalKomia being further described as follows: BEGINNING at the mos~ southerly comer of said parcel; thence along the southwesterly line of said parcel, North 43 °21'29" West, a distance of 1443.82 feet; thence leaving said l~ne North 46 °3831" ~ a distance of 299.46 feet to the TRUE POINT OF BEGINNING and the beginning ora non- tangent curve to the right from which point a radial llne ~ North 46°38'31" F2.st; thence along said curve having a radius of 140.00 feet, a e~..h ~1 angle of 360° 00' 00", an arc length of $79.65 feet to the TRUE POI2N'T OF BEGIHINrI~G, containing an area of 1.41357 acres more or less. The bearing North 81 ° 11'40" East of the northerly line of the Lands of Santa Clara County u said line is shown on that certain Record nf Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California/s used as the basis of bearings. A plat showing the above described Parcel is attached hereto and made a part hereof as Exhibit This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. When recorded, return to: County of Santa Clara Park~ 8z Retreat{on Department 298 Garden Hill Drive Los Gatos, CA 95032 EXHIBIT F-2 EASEMENT DEED Park: Project: APN: Hap Ret'.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-62 EFC 4 (Water system facilities) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation, (CITY) a non-exclusive easement for maintenance and replacement of water system facilities over the real property in the City of Cupertino, County of 5anta Clara, State of California, described on the attached Exhibit A and under the following conditions: 6 7. 8. CITY shall maintain the facilities in the easement area and the access to the facilities. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. If CITY must make emergency repairs to the facilkies, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks ~ Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public access to park lands. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its easement rights. Date Blanca Alvarado, Chairperson Sate of ~li~mia ) County of Sanu Qara ) On j 1998, before me, ~ a Notary Public In and for said State, personally appeared Blanca Alvarado. known to me to be the Chairperson of the Santa Clara County Board of Supervisors, known to me to be the person who executed this instrument on behalf of Santa Clara County and acknowledged to me that Santa Clara County authorized execution of this Instrument. Notary Public EASEHENT DEED- EXHIBIT A Park: Project: APN: Map Kef.: Rancho San Antonio Oak Valley- Tract No. 9054 342-5-62 EFC 4 (Water system facilities) All that real pmpen3, situaxe in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel A a~ said parcel is described in t~at certain deed recorded on October 11, 1977 in Book D197 of Offlcial Records at page 696 recorded in the Office of the Recorder of the County of Santa Clara~ State of California being more particularly described as follows: BEGINNING at the most southerly comer of said parcel; thence along the southwesterly line of said parcel North 43 ° 21'29" West, a distance of 14S0.18 feet; thence South 46 ° 38'31" West, a distance of 304.26 feet to the TRUE POINT OF BEGINNING; thence South 65°59'35" West, a distance of 98.05 feet to the beg~ming ora non-tangent curve to the left fi.om which po[hr a radial line bears South 65°03'51" West; thence along said curve having a radius of 335.00 f~;, through a central angle of 30°03'51", an arc length of 175.78 feet; thence North 55°00'00" West, a distance of 106.53 feet to the beginning ora tangent curve to the right; thence along said curve having a radius of 330.00 feet, through a c~sa~l angle of 11 °20'00", an arc length of 65.28 feet; thence North 43 °40'00" West, a distance of 18.74 feet to the beginning ora tangent curve to the right; thence along said curve having a radius of 70.00 feet, through a central angle of 92°05'00", an arc length of 112.50 feet; thence North 48°25'00" East, a distance of 213.96 feet to the beginning ora tangent curve to the fight; thence along said curve having a radius of 515.00 feet, through a central angle of 11 °28'00", an arc length of 103.07 feet; thence North 59°53'00" East, a distance of 125.01 feet; thence South 31 °56'00" West, a distance of 64.01 feet; thence South 59°53'00" West, a distance of 68.47 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 485.00 feet, through a central angle of 11 °2g'00", an arc length of 97.06 feet; thence South 45°25'00" West, a distance of 213.96 feet to the beginning ora tangent curve to the left; thence along said curve having a radius of 40.00 feet, through a central angle of 92°05'00", an arc length of 64.29 feet; thence South 43°40'00'' East, a dim~nce of 18.74 feet to the beginning ora tangent curve to the left; thence along sa~d curve having a ~,dius of 300.00 feet, through a ceaual angle of I 1 °20'00", an arc length of 59.34 feet; thence South 55°00'00'' East, a distance of 106.53 feet to the beginning ora tangent curve to the right; thence along said curve having a radius of 355.00 feet, through a central angle of 23°03'05", an arc length of 146.85 feet; thence North 65'59'35" East, a distance of 75.43 feet to the beginning of a non-tangent curve to the left from which point a radial line bears North g0°l 5'39" East; thence along said curve having a radius of 140.00 feet, through a central angle of 18°34'03", an arc length of 45.37 feet to the TRUE POINT OF BEGINNING, containing an area of 29,271 square feet more or less. The bearing North 81 ° 11'40" East of the northerly line of the Lands of Santa Clara County as raid line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit ~IB#' This description was prepared by me or under my direction in conformance with the requkements of the Land Surveyor's Act. Bra~d ey A ~ilb~, P L S 6141 Expires: 3/31/2002 3/31/02 Dated: When recorded, return to: County of Santa Clara Parks b: Recreation Department 2.98 Garden Hill Drive Los Gatos, CA 95032 EXHIBIT F-3 EASEklENT DEED Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-62 EFC S (Public utilities) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation, (CITY) a non-exclusive easement for underground public utilities, including ingress and egress, and including, but not limited to, water, gas and electricity in the real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under the following conditions: 6 7. ~J. CITY shall maintain the facilities in the easement area and the access to the facilities. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. If CITY must make emergency repairs to the facilities, CITY shall nodfy COUNTY of such work within 2.4 hours of stardng the repairs, identifying the exact location and nature of the repairs. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks b: Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public accel; to park lands. CITY shall hold COUNTY harmless and inuemnify COUNTY against all liability arising out of CIT~'ss exercise of its easement rights. Date B[anca Alvarado, Chairperson State of California ) County of Santa Clara ) On ~ 1998, before me, , a Notary Public in and for said State, personally appeared Blanca Alvarado. known to me to be the Chairperson of the Santa Clara County Board of Supervisors, known to me to be the person who executed this instrument on behalf of Santa Clara County and acknowledged to me that Santa Oara County authorized execution of this instrument. Notary Public fl ~-'/"~ EASEPIENT DEED- EXHIBIT A Park: Projecu APN: l~lap Ref.: P~ncho San Antonio Oak Valley- Trac~ No. 9054 342-5-62 EFC 5 (Public utilities) All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977 in Book D197 of Official Kecords at page 696 in the Office of the Keeorder of the County of Santa Clara, State of California being more particularly described as follows: AKEA A BEGINNING at the most northeasterly comer of said parcel; thence along th~ northerly line of said parcel, South 81°I 1'40' West, a dismuce of 164.55 feet to the TRUE POINT OF BEGINNING; thence South 33 ° 18'21" East, a distance of 20.37 feet; thence South 29° 09'55_" West, a distance o f 33.27 feet to the ]:~nnlng of a non-tangent curve to the left, from which point a radial line bears South 29°09'55"; thence westaxly along said curve having a radius of 194.00 feet, through a central angle of 24°09'55", aa arc l~ugth of 81.82 fee~; thrace North 85 °00'00" W~st, a distaace of 38.99 f~-t to the northerly line said parcel; thence along said line North 81 ° 11'40' East, a distance of 122.95 fe~t to the TRUE POINT OF BEGINNING, comalnlng an area of 2,488 sauare feet mom of less. AREA B BEGINNING at the most northeasterly comer of said parcel; thence along ~ northerly line of said parcel South 81°I 1'40" West, a distance of 396.99 feet to the beginning of a non taugent curve to the left, from which point a radial line bear~ Nor'di 33°34'30" East; thence easterly along said curve having a radius of 196.00 feet, through a central angle of 28°34'31", aa ar~ length of 97.75 fe~t; thence South 85°00'00'~F_~xt, a distance of 51.56 feet to the beginning ofa mugent curve to th~ fight; thence along said curve having a radius of 144.00 feet, through a central angle of 24°09'55', an arc length of 60.73 feet; thence South 29°09'55" West, a disumee of 35.00 feet to the be~nning of a non- umgent curve to the left, from which point a radial line be. ars South 29°09'55" West; thence wes'u:rly along said curve having a radius of 109.00 feet, through a central aagle of 24°09'55", an arc length of 45.97 feet; thence North 85°00'00" West, a distance of 51.56 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 231.00 feet, through a central angle of 25°05'29'', aa arc length of 101.16 feet; thence South 81°11'40" West, a distance of 381.95 feet to the northerly line of said parcel; thence along ~aid llne the North 39°03'39" West, a distance of 40.52 feet to an angle point; thence continuing along said line North g 1 °l 1 '40" East, a distance of 4t 5.30 feet to the TRUE POINT OF BEGINNING, containing aa area of 21,104 Scluar~ feet mon: or less. The beariag North' 81°11'40" East of the northerly line of the Lands of Saata Clara County as said line is show~ on thru c~tmin K~cord of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Saata Clara County P~cords, Stat- of Callfomia is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act. ~6141 Expires: 3/31/2002 Dated: When recorded~ return to: County of Santa Clara Parks ~ Recreation Department 2.98 Garden Hill Drive Los Gatos, CA 95032 EXHIBIT F-4 EASEI'IENT DEED Park: Project: APN: Hap Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342.-5-62 EFC 6 (Right-of-way, public utilities storm drainage) COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY) grants to CITY OF CUPERTINO, a municipal corporation, (CITY) an easement for public right-of-way, underground public utilities and storm drainage facilities over the real property in the City of Cupertino, County of Santa Clara, State of California, described on the attached Exhibit A and under the following conditions: 6 7. 8. CITY shall maintain the facilities in the easement area and the access to the facilities. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. If CITY must make emergency repairs to the facilities, CITY shall notify COUNTY of such work within 24 hours of starring the repairs, identifying the exact Iocadon and nature of the repairs. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks ~ Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public access to park lands. CiTY shall hold COUNTY h-~m,:e~ and indemnify COUNTY against all liability arising e:~: of' CI ,'~f's exercise of its easement rights. Date Blanca ANarado, Chairperson State of California ) County of Santa Clara ) On ,1998, before me, , a Notary Public in and for said State, personally appeared Blanca Alvarado. known to me to be the Chairperson of the Santa Clara County Board of Supervisors, known to me to be the person who executed this instrument on behalf of Santa Clara County and acknowledged to me that Santa Clara County authorized execution of this instrument Notary Public EASEI"IEHT DEED- EXHIBIT A Park: Project: ^PN: Hap Kef.: I~,ncho San Antonio Oak Valley- Tract No. 9054 ~42-5-62 EFC 6 (Right-of-way, public utilities storm drainage) All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the Lands of County of Santa Clara. as shown on that certain Record of Survey re~orded on October 2, 1979 in Book 450 of Maps at page 41 in the Official Records of the County of Santa Clara, State of California and being more particularly described as folIows: BEGINNING at the most easterly comer of Parcel B as said comer is shown on that certain Izaet map entitled "Tract No. 9054, Oak Valley - Unit 1 ," recorded on in Book of Maps at pages inclusive, Santa Clara County Records; thence along the southerly line of said Parcel B South 81 ° 11'40' West a distance of 73.50 feet to the TRUE POINT OF BEGFNNING; thence leaving said southerly line South 85°00'00'' East a distance of 38.99 feet to the begim~ng of a tangem curve to the right; thence along said curve having a radius of 194.00 fe~t, a central angle of 60°00'00'', an arc length of 203.16 feet; thence South 25°00'00'' East a distance of 55.72 feet to the beginning of a tangent curve to the leiS; thence along said curve having a radius of 206.00 feet, a central angle of 49°23'50'', an arc length of 177.60 feet to the southwesterly line of the lands of the Roman Catholic Bishop of San Jose as said lands are described m that certain Certificate of Compliance recorfled on September 2, 1987 in Book K282 at Page 1393, Official Records of San~a Clara County; thence along said southwesterly line South 09°27'06" East a distance of 54.06 feet to the beginning of a non-tangent curve to the right fi.om which point a radial line bears South 10°28'19'' West; thence leaving said southwesterly line along said curve having a radius of 256.00 feet, a central angle of 54°31'41'', an arc length of 243.63 feet; thence North 25°00'00'' West a distance of 55.72 feet to the beginning ora tangent curve to the left: thence along said curve having a radius of 144.00 feet, a central angle of 60°00'00'', an arc length of 150.80 feet; thence North 85°00'00'' West a distance of 51.56 feet to the beginning ora tangent curve to the right; thence along said curve having a radius of 196.00 feet, a central angle of 28°34'30", an arc length of 97.75 feet to the southerly line of said Parcel B; thence along said southerly line North 81°l 1'40" East a distance of 109.48 feet to the TRUE POrNT OF BEGINNING, containing an area of 27,319 square feet more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my d~rection in conformance with the requirements of the Land Surveyors-Act. Bra~ey A. Bilb~ Expires: 3/31/2002 Dated: ~ GRANT DEED - EXHZBZT A Park: Rancho San Antonio Project: Oak Valley - Tract No. 9054 APN: 342-5-59, 60 Map Ref.: LOS 5 (Area A) ~OS 5 - Parcel E of Tract 9054 Oak Valley Unit RESERVING THEREFROM the following easements: The easements described below are reserved subject to the following conditions. Additional conditions are set out with the description of the individual easements described below: a. GRANTOR shall maintain the facilities in the easement area and the access to the facilities. b. GRANTOR shall provide plans for maintenance and replacement to GRANTEE 60 days before such plans are to be implemented for GRANTEE's approval. If GRANTEE has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, GRANTOR shall provide GRANTEE five (5) working days notice of date work is to begin. d. If GRANTOR must make emergency repairs to the facilities, GRANTOR shall notify GRANTEE of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. GRANTOR shall maintain public access to park lands unless GRANTOR receives written permission from GRANTEE's Director of Parks & Recreation to close any area. GRANTOR shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. GRANTOR shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. GRANTOR shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species and preserve public access to park lands. h. GRANTOR shall hold GRANTEE harmless and indemnify GRANTEE against all liability arising out of GRANTOR's exercise of its easement rights. EOS 1 - A non-exclusive 15-foot wide easement for maintenance and replacement of telephone lines, including ingress and egress, on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E in that certain tract map entitled "Tract No. 9054, Oak Valley - Unit :l.," recorded on .~uly 9, 1998, in Book 705 of Maps at Pages ~.3~22 inclusive in the Office of the Recorder of Santa Clara County and being more particularly described as follows: BEGINNING at the most westerly corner of Parcel F as said corner is shown on said map; thence along the southwesteriy line of said parcel South 27°50'42" East, a distance of 267.20 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 27*50'42" East, a distance of 17.76 feet; thence leaving said line North 85*26'56" West, a distance of 307.46 feet to the easterly line of Parcel G as said line is shown on said map; thence along the northeasterly line of said parcel North 40°10'00.' West, a distance of 21.1! feet; thence leaving said line South 85°26'56" East, a distance of 312.79 feet to the southwesterly line of said Parcel F and the TRUE POI~NT OF BEGI'NN~'NG, containing an area of 4,651 square feet more or less. A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit "EOSi'. EOS 2 - A non-exclusive easement for maintenance and replacement of water system solely for irrigation of the adjoining cemetery parcel, including ingress and egress, on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E as said parcel is shown in that certain tract map entitled ~Tract No. 9054, Oak Valley - Unit 1", recorded on recorded on luly 9, 1998, in Book 705 of Maps at Pages 13-22 inclusive in the Office of the Recorder of Santa Clara County and being more particularly described as follows: Grant Deed - Area A Oak Valley Tract No. 9054 Page 2 of :~9 GRANT DEED - EXHi'B'rT A Park: Rancho San Antonio Pr~ect: Oak Valley- Tract No. 9054 APN: 342-5-59, 60 Map Ref,: LOS 5 (Area A) AREA-A BEGINNING at the most northwesterly corner of Parcel F as said corner is shown on said map; thence along the most northwesterly line of said Parcel F South 27°50'42" East, a distance of 760.26 feet to the TRUE PO][NT OF BEGINNING; thence continuing along said line South 27050'42'' East, a distance of 15.69 feet; thence leaving said line South 79°11'30" West, a distance of 74.72 feet; thence North 26°17'43" West, a distance 1064.30 feet; thence North 54°20'45'' West, a distance of 17.26 feet; thence North 35°18'05" West, a distance of 47.64 feet~ thence North 56°51'08" East, a distance 3:1.27 feet; thence North 29°49'1:1'' West a distance of 32.28 feet to the most northwesterly line of said Parcel E; thence along said line North 5:1°01'04" East, a distance of 20.26 feet; thence leaving said line South 29°49'11" East, a distance of 79.92 feet; thence South 48°43'25" West, a distance of 23.98 feet; thence South 26°17'43'' East, a distance of 1069.59 feet; thence North 79°11'30.' East, a distance of 58.71 feet to the southwesterly line of said Parcel F and the TRUE POINT OF BEGINN][NG, containing an area of 20,:192 square feet more or less. AREA-B BEGINNING at the most northwesterly corner of Parcel F as said corner is shown on said map; thence along the most northwesterly line of said Parcel F South 27°50'42" East, a distance of 775.95 feet; thence leaving said line, South 79°:11'30" West, a distance of 74.72 feet; thence North 26°17'43" West, a distance 859.73 feet to the TRUE POINT OF BEGINNING; thence South 65°34'19" West, a distance of 209.21 feet; thence North 3:1°:14'27" East, a distance of 26.60 feet; thence North 65°34'19'. East, a distance of :186.76 feet; thence South 26°:17'43" East, a distance :15.01 feet to the TRUE POINT OF BEGINNING, containing an area of 2,970 square feet more or less. AREA-C BEG]INNING at the most northwesterly corner of Parcel F as said corner is shown on said map; thence along the most northwesterly line of said Parcel F South 27°50'42" East, a distance of 775.95 feet; thence leaving said line South 79°1:1'30" West, a distance of 74.72 feet; thence North 26°17'43" West, a distance :1064.30 feet to the TRUE PO][NT OF BEGINNING; thence South 06°01'26" West, a distance of 128.17 feet; thence South 31°14'27" West, a distance of :185.09 feet to the most northeasterly line of Parcel G as parcel is shown on said map; thence along said line North :18°30'00'' West, a distance of 19.66 feet; thence leaving said northeasterly line North 31°14'27" East, a distance of :169.03 feet; thence North 06°01'26" East, a distance of 133.34 feet; thence South 54°20'45'' East, a distance of :17.26 feet to the TRUE PO][NT OF BEGINNING, containing an area of 4,617 square feet more or less. AREA-D BEG~'NN[NG at the most northwesterly corner of Parcel F as said corner is shown on said map; thence along the most northwesterly line of said Parcel F South 27050'42" East, a distance of 775.95 feet; thence leaving said line South 79°:1:1'30" West, a distance of 74.72 feet; thence North 26°17'43" West, a distance 1064.30 feet; thence North 54020'45" West, a distance of ~.7.26 feet; thence North 35°18'05'. West, a distance of 32.63 feet to the TRUE PO[bIT OF BEGINNING; thence South 56°5:1'08" West, a distance of 212.65 feet; thence South 18°17'26" West, a distance of 32.46 feet; thence South 33°47'12" East, a distance of 10.91 feet to the most northwesterly line of Parcel G as said parcel is shown on said map; thence along said northwesterly line South :11°09'00'' West, a distance of 21.24 feet; thence leaving said northwesterly line North 33°47'12'' West, a distance of 33.27 feet; thence North 18017'26" East, a distance of 45.03 feet; thence North 56°5:1'08" East, a distance of 217.34 feet; thence South 35°18'05'' East, a distance of 15.01 feet to the TRUE POINT OF BEGINNING, containing an area of 4,:137 square feet more or less. AREA-E BEGTNN][NG at the most northwesterly corner of Parcel F as said corner is shown on said map; thence Grant Deed - Area A Oak Valley Tract No. 9054 Page 3 of 19 GRANT DEED - EXHTBZT A Park: Rancho ~an Antonio Project: Oak Valley - Tract No. 9054 APN; 342-5-59, 60 P4ap Ref.: LOS 5 (Area A) along the most northwesterly line of said Parcel F South 27"50'42" East, a distance of 760.26 feet; thence leaving said line South 79°11'30'' West, a distance of 58.71 feet; thence North 26°17'43'' West, a distance of 1069.59 feet; thence North 48°43'25" East, a distance of 23.98 feet to the TRUE POINT OF BEGINNING; thence North 29°49'11" West; a distance of 15.30 feet; thence North 48"43'25" East, a distance of 294.63 feet; thence South 39°38'59'' East, a distance of 148.46 feet; thence North 89°53'45, East, a distance of 42.12 feet; thence North 51°17'42" East, a distance of 531.79 feet; thence South 66"09'07" East, a distance of 418.68 feet; thence South 01°35'00'' East, a distance of 87.68 feet to the northerly line of said Parcel F; thence along said line South 88°30'47" West, a distance of 15.00 feet; thence leaving said line North 01°35'00, West, a distance of 78.17 feet; thence North 66°09'07" West, a distance of 400.09 feet; thence South 51°17'42" West, a distance of 527.93 feet; thence South 89°53'45" West, a distance of 54.44 feet; thence North 39°38'59'' West, a distance of 140.10 feet; thence South 48°43'25'' West, a distance of 282.24 feet to the TRUE POINT OF BEGINNING, containing an area of 22,547 square feet more or less. Plats showing the above-described parcels are attached hereto and made a part hereof as Exhibit "EOS2" Also subject to the following: GRANTOR shall operate and maintain the well so that it does not become a hazard to the public. GRANTOR shall close the well according to all applicable regulations when the well is no longer used for irrigation of the adjoining cemetery parcel. EOS 3 - A non-exclusive 15-foot wide easement for maintenance and replacement of underground storm drain, including ingress and egress, on the property described below: All that reat property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E as said parcel is shown in that certain tract map entitled "Tract No. 9054, Oak Valley- Unit 1", recorded on recorded on July 9, 1998, in Book 705 of Maps at Pages 13-22 inclusive in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most westerly corner of Parcel F as said corner is shown on said map; thence along the southwesterly line of said parcel South 27°50'42" East, a distance of 725.22 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 27°50'42" East, a distance of 15.43 feet; thence leaving said line South 48°34'11" West, a distance of 163.56 feet; thence North 41°25'49" West, a distance of 15.00 feet; thence North 48"34'11" East, a distance of 167.19 feet to the southwesterly line of said parcel and the TRUE POINT OF BEGINNING, containing an area of 2,481 square feet more or less. A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit "EOS3". EOS 4 - A non-exclusive 15-foot wide easement for maintenance and replacement of underground gas lines, including ingress and egress, over the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E as said parcel is shown on that certain tract map entitled "Tract No. 9054, Oak Valley - Unit 1", recorded on recorded on July 9, 1998, in Book 705 of Haps at Pages 13-22 inclusive, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most westerly corner of Parcel F as said corner is shown on said map; thence along the southwesterly line of said parcel South 27050'42" East, a distance of 958.97 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 27050'42" East, a distance of 15.02 feet; thence leaving said line South 59°03'43" West, a distance of 197.77 feet; thence North 72°54'39" West, a distance of 381.63 feet to the easterly line of that certain 10 foot PG&E Gas Pipeline easement recorded on October 3, 1939 in Book 946 of Official Records at Page 522, in th~( Grant Deed - Area A Oak Valley Tract No. 9054 Page 4 of 19 GRANT DEED - EXHI'BI'T A Park: Rancho San Antonio Project: Oak Valley - Tract No. 9054 APN: 342-E;-59, 60 Hap Ref.: LOS 5 (Area A) Office of the Recorder of Santa Clara County; thence along said easterly line North 17°47'24" West, a distance of :[8.28 feet; thence leaving said line South 72°54'39" East, a distance of 385.41 feet; thence North 59°03'43" East, a distance of 19:[.90 feet to the southwesterly line of said Parcel F and the TRUE POINT OF BEGINNI'NG, containing an area of 8,675 square feet more or less. A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit "EOS4". EOS 5 - A non-exclusive easement for maintenance and replacement of underground gas and water lines and overhead or underground electrical lines, including ingress and egress, on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E as said parcel is shown on that certain tract map entitled 'Tract No. 9054, Oak Valley - Unit 1," recorded on .luly 9, 1998, in Book 705 of Maps at Pages 13-22 inclusive, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most westerly corner of Parcel F as said corner is shown on said map; thence along the southwesterly line of said parcel South 27°50'42'. East, a distance of :[3:[6.59 feet; thence South 22003'38" West continuing along said line, a distance of 82.82 feet; thence South 22°00'20" East continuing along said line, a distance of 68.91 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 22°00'20" East, a distance of 33.77 feet; thence leaving said line South 51°54'2:[" West, a distance of :[94.38 feet; thence North 27°32'35'' West, a distance of 47.18 feet; thence North 30°21'46" West, a distance of 320.46 feet; thence North 30°28'21" West, a distance of 353.:[5 feet; thence North 29°24'5:[" West, a distance of 356.78 feet; thence North 30°2:['25'' West, a distance of 200.47 feet to the most easterly line of parcel G; thence along said line North 0:[°33'00" West, a distance of 31.:[3 feet; thence leaving said line South 30*2:['25" East, a distance of 227.87 feet; thence South 29024'5:['. East, a distance of 356.76 feet; thence South 30°28'2:[" East, a distance of 353.03 feet; thence South 30°2:['46" East, a distance of 314.07 feet; thence North 64°40'42" East, a distance 135.08 feet; thence North 38°:[3':[2" East, a distance of 49.03 feet to the southwesterly line of said Parcel F and the TRUE POINT OF BEGiNNiNG, and containing an area of 25,4:[5 square feet more or less. A plat showing the above-described parcel is attached hereto and made a par~ hereof as Exhibit ~EOSS'. EOS 6 - A non-exclusive easement for private ingress/egress, private utilities, private construction and service vehicles to cemetery, corporation yard, and the Snyder/Hammond House on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E as said parcel is shown on that certain tract map entitled "Tract No. 9054, Oak Valley - Unit 1", recorded on recorded on .luly 9, 1998, in Book 705 of Maps at Pages 13-22 inclusive, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEG[NNI~NG at the most southerly corner of Parcel F as said corner is shown on said map; thence along the southwesterly line of said parcel, North 69°00'18" West, a distance of 254.25 feet; thence along said line, North 22°00'20" West, a distance of 327.32 feet; thence continuing along said line, North 22003'38" East, a distance of 82.82 feet and North 27°50'42" West, a distance of 59.57 feet to the TRUE POTNT OF BEG[NNI[NG; thence leaving said line South 62°04'00'' West, a distance of 2:[.49 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 50.00 feet, through a central angle of 85°14'49", an arc length of 74.39 feet; thence South 23°10'49" East, a distance of 377.2:[ feet to the beginning of a non-tangent curve to the left at which point a radial line bears North 67°00':[8'' West; thence along said curve having a radius of 100.00 feet, through a central angle of 29°00'30", an arc length of 50.63 feet to the most westerly line of an Grant Deed - Area A Oak Valley Tract No. 9054 Page 5 of GRANT DEED - EXHIBIT A Park: Rancho San Antonio Project: Oak Valley - Tract No. 9054 APN: 342-5-59, 60 Nap Ref.: LOS 5 (Area A) Emergency Vehicle Access Easement as said easement is shown on said map; thence South 8*36'00" East, a distance of 39.52 feet along said easement line to the beginning of a non-tangent curve to the right from which point a radial line bears North 25'57'19" East; thence along said curve having a radius of :1.30.00 feet, through a central angle of 41°57'36~, an arc length of 95.20 feet; thence North 23°17'17" West, a distance of 366.30 feet to the beginning of a non-tangent curve to the left at which point a radial line bears South 66°42'47" West; thence along said curve having a radius of 50.00 feet, through a central angle of 90°30'52", an arc length of 78.99 feet to the beginning of a reverse curve to the right; thence along said curve having a radius of 115.00 feet, through a central angle of 14°59'05'', an arc length of 30.08 feet; thence South 81°1:~'00" West, a distance of 17.27 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 315.00 feet, through a central angle of 81°08'00", an arc length of 446.05 feet; thence North 17°41'00'' West, a distance of 55.21 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 335.00 feet, through a central angle of 12°56'00", an arc length of 75.62 feet; thence North 30°37'00" West, a distance of 400.20 feet to the most southeasterly line of Parcel G as said line is shown on said map; thence along said southeasterly line North 53°04'00.' East, a distance of 30.18 feet; thence leaving said southeasterly line South 30°37'00" East, a distance of 403.52 feet to the beginning of a tangent curve to the right having; thence along said curve having a radius of 365.00 feet, through a central angle of 12°56'00'', an arc length of 82.39 feet; thence South 17°41'00" East, a distance of 55.21 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 285.00 feet, through a central angle of 81°08'00", an arc length of 403.57 feet; thence North 81°11'00, East, a distance of 17.27 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 85.00 feet, through a central angle of 19°07'00", an arc length of 28.36 feet; thence North 62°04'00" East, a distance of 140.75 feet to the westerly line of said Parcel F; thence South 27°50'42' East, a distance of 30.00 feet along said westerly line to the TRUE POINT OF BEGINNING, containing an area of 1.163 acres more or less. Plats showing the above-described parcel are attached hereto and made a part hereof as Exhibit "EOS6" EOS 7 - A non-exclusive 20-foot wide easement for installation, maintenance and replacement of underground utilities, including ingress and egress, on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel E as said parcel is shown on that certain tract map entitled ~Tract No. 9054, Oak Valley - Unit 1," recorded on recorded on ,luly 9, 1998, in Book 705 of Maps at Pages 13-22 inclusive, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGI'NNING at the most southerly corner of Parcel F as said corner is shown on said map; thence along the southerly line of said parcel North 87°40'07'' East, a distance of 327.23 feet to the TRUE POINT OF BEGINNING; thence continuing along said line North 87°40'07" East, a distance of 20.00 feet; thence South 02°24'33" East, a distance of 258.76; thence North 77°24'04'. West, a distance of 20.71 feet; thence North 02°24'33" West, a distance of 253.43 feet to the southerly line of said parcel and the TRUE PO][NT OF BEGINNTNG, containing an area of 5,122 square feet more or less. A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit "EOS7". ALSO RESERVING THEREFROM the following easement to the City of Cupertino (CITY): The easement described below is reserved subject to the following conditions: a. CITY shall maintain the facilities in the easement area and the access to the facilities. b. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. I1 ~- ') ~'/ Grant Deed - Area A Oak Valley Tract No. 9054 Page 6 of GRANT DEED - EXHZBZT A Park: Rancho San Antonio Pr~ect: Oak Valley- Tra~ No. 9054 APN: 342-$-59, 60 Hap Ref.; LOS 5 (Area A) c. After plans have been approved, CiTY shall provide COUNTY five (5) working days notice of date work is to begin. d. ]Ef CTFY must make emergency repairs to the facilities, CiTY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. cTrY shall not close public access to park lands unless CTFY receives written permission from COUNTY's Director of Parks & Recreation. CTI'Y shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. CiTY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CTTY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CTi-Y shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CiTY's exercise of its easement rights. EOS :[8 - A non-exclusive 30-foot easement for installation, maintenance and replacement of facilities for public emergency vehicle access on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being all of the 30-foot Public Access Easement and Emergency Vehicle Access Easement over Parcel E as said easement and parcel are shown on the map entitled "Tract No. 9054 Oak Valley - Unit 1" filed for record on July 9, 1998, in Book 705 Pages 13 through 22 of Naps in the office of the Recorder of Santa Clara County and being more particularly described as follows: BEG]iNNiNG at the southeasterly corner of Parcel H as said parcel is shown on said map; thence North 00°20'00'' West a distance of 73.25 feet to the northwesterly line of said Parcel H and the TRUE PO][NT OF BEGiNNiNG; thence along said line North 29°:[3'00'' West a distance of :[25.00 feet to the most northerly corner of said Parcel H; thence North 08°36'00" West a distance of 67.03 feet to the southerly line of Parcel F as said parcel is shown on said map; thence along said line South 69°00'18.' East a distance of 34.50 feet; thence leaving said line South 08°36'00" East a distance of 44.54 feet; thence South 29°13'00'' East a distance of 16:[.71 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 85.00 feet through a central angle of 48°:[:['04'' an arc length of 71.48 feet; thence South 77* 24'04" East a distance of 421.72 feet; thence South 13040'00'' East a distance of 33.45 feet to the southerly line of said Parcel E; thence along said line North 77°24'04" West a distance of 436.52 feet to the beginning of a tangent curve to the right; thence leaving said line and along said curve having a radius of :[:[5.00 feet through a central angle of 48°:[1'04.. an arc length of 96.7:[ feet; thence North 29°13'00'' West a distance of 42. :[6 feet to the TRUE POINT OF BEG[NN][NG and containing an area of 22,003 square feet, more or less. A plat showing the above-described parcel is attached hereto and made a part hereof as Exhibit EOS :[8. Grant Deed - Area A Oak Valley Tract No. 9054 Page 7 of :[9 GRANT DEED - EXH'rB'rT EOS 18 Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-.5-59, 60 LOS 5 (Area A) PARCEL F 705 M 1.3-22 PARCEL E 70,5 M 15-22 ,30'P.A.E. &: E.V.A.E.~ 22,005 SO. FT. PER TRACT NO. 9054 OAK VALLEY - UNIT 1 705 M 13-22 S 15'40'00" E / LANDS OF SOUTHERN PACIFIC RAILROAD 125. POINT OF BEGINNING PARCEL H 705 M 15-22 POINT OF BEGINNING Io.~ Beorin9 JDistonce{ ~1N oo~o'oo" w|73.25'| 2IN 08°$6'00" W/67.03'/ 3IS 69"00'18" E|34.50'~ 4IS 08°56'00" El 44.54'/ 5IN 29'13'00" WI42.16'! 2o.IRodiusl De, to ~-engthI 118§.00' 48~ 1'04"171.48' 1115.00' 48~1 V04"196.71'1 LEGEND P.A.E. PUBLIC ACCESS EASEMENT E.V.A.E. EMERGENCY VEHICLE ACCESS EASEMENT 540 Price Avenue Redwood Cit~ CA 94063 650/482-6300 650/482-6599 (FAX) Subject P.A.E. + E.V.A.E. EXHIBIT Job No, 19960069-10 By TJE/MK Dote 08/29/01Chkd. TJE SHEET 1 OF 1 Grant Deed - Area A Oak Valley Tract No. 9054 Page 19 of 19 GRANT DEED - EXHIBIT A Park: Project: APN: Map Ref. Rancho San Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 & 3 (Area B) LOS 1 All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the Lands of the Roman Catholic Bishop of San Jose, as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K282 at page 1393 of Official Records of the County of Santa Clara, State of California and being more particularly described as follows: BEGINNING at the most easterly corner of Parcel B as shown on that certain tract map entitled "Tract No. 9054, Oak Valley B Unit 1," recorded on ,luly 9, 1998, in Book 705 of Maps at Pages 13-22 inclusive, Santa Clara County Records; thence along the westerly line of the said lands the following three courses: North 81°11'40'' East, a distance of 214.00 feet; South 12 ° 56'32" East a distance of 245.07 feet; South 09° 27'06" East a distance of 136.88 feet to the TRUE POINT OF BEGINN]~NG and the beginning of a non-tangent curve to the left from which point a radial line bears South 10 o 28'19" West; thence leaving said westerly line along said curve having a radius of 256.00 feet, a central angle of 15 o 22'25", an arc length of 68.48 feet; thence North 85 ° 05'54" East a distance of 124.25 feet; thence South 46 o 56"55" East a distance of 24.59 feet to the westerly line of a 30 foot wide ingress and egress easement as described in Book 9050 at Page 358 of Official Records of Santa Clara County; thence along said westerly line the following three courses: South 04° 54'06" East a distance of 348.76 feet to the beginning of a tangent curve to the left along said curve having a radius of 430.00 feet, a central angle of 25° 12'50", an arc length of 189.23 feet; South 300 15'56" East a distance of 12.07 feet to the southerly line of said lands of the Roman Catholic Bishop of San lose; thence along said southerly line South 75 o 00'02" West a distance of 210.15 feet to the westerly line of the said lands; thence along said westerly line South 09 ° 27'06" East a distance of 608.92 feet to the TRUE POINT OF BEGINNING, containing an area of 2.54765 acres more or less. A plat showing the above-described parcel is attached as Exhibit LOS 1. LOS 2 - Parcel K of Tract No. 9054 Oak Valley Unit I RESERVING THEREFROM the following easements to the City of Cupertino (C~TY): The easements described below are reserved subject to the following conditions. Additional conditions are set out with the description of the individual easements described below: a. C~fY shall maintain the facilities in the easement area and the access to the facilities. b. CiTY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. d. If C~I'Y must make emergency repairs to the facilities, Crl-Y shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless C~TY receives written permission from COUNTY's Director of Parks & Recreation. C~TY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. CiTY shall restore the land disrupted by maintenance or repairs to the condition existing {I f. before such work was begun. Grant Deed - Area B Oak Valley Tract No. 9054 Page 2 of 8 GRANT DEED - EXHIBIT A Park; Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 & 3 (Area B) g. Cf-P( shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its easement rights. EO$16 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below under the following conditions: All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel K, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on July 9, 1998, in Book 705 at Pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: BEGINNING at the most southwesterly corner of said Parcel K; thence along the southwesterly line of said parcel North 09050'08'' East, a distance of 366.95 feet; thence leaving said line South 84°30'10" East, a distance of 8.72 feet to the TRUE POINT OF BEGINNING; thence North 05°29'50" East, a distance of 63.74 feet to the beginning of a curve to the right; thence along said curve having a radius of 39.25 feet, through a central angle of 171051'48'', for an arc length of 117.73 feet; thence South 02038'22'' East, a distance of 77.49 feet; thence South 01008'45'' West, a distance of 127.41 feet to the beginning of a curve to the right; thence along said curve having a radius of 30.00 feet, through a central angle of 154042'53'', for an arc lengt~h of 81.01 feet; thence North 24008'22'' West, a distance of 60.00 feet to the beginning of a curve to the right; thence along said curve having a radius of 100.00 feet, through a central angle of 29°38'12", for an arc length of 51.73 feet; thence North 05029'50'' East, a distance of 49.96 feet to the TRUE POINT OF BEGINNING and containing an area of 20,894 square feet, more or less. A plat showing the above-described parcel is attached as Exhibit EOS 16. EOS 23 - A non-exclusive 15-foot wide easement for installation, maintenance and replacement of public storm drainage facilities on the property described below under the following conditions: All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on .luly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: A strip of land having a uniform width of 10 feet, lying 5 feet on each side of the following described line: BEGINNING at the easterly terminus of the southerly right-of-way of Cristo Ray Drive, as said drive is shown on said map; thence leaving said right-of-way and along the northerly line of said Parcel C South 44°14'54" West, a distance of 25.01 feet; thence South 45°45'05'' East, a distance of 68.91 feet; thence South 63°47'46" East, a distance of 36.98 to the beginning of a non- tangent curve to the right, from which point a radial line bears North 50°05'38'' West; thence leaving said northerly line and along said curve having a radius of 80.00 feet, through a central angle of 29°48'25'', for an arc length of 41.62 feet; thence South 69°42'47" West, a distance of 208.25 feet; thence South 21"55'16 West, a distance of 140.59 feet to the beginning of a curve to the left; thence along said curve having a radius of 140.00 feet, through a central angle of 38°44'14'', for an arc length of 94.65; thence South 16°48'58" East, a distance of 16.71 feet to the TRUE POINT OF BEGINNING; thence South 84°45'37" West, a distance of 114.18 feet to the terminus of said strip. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to form a continuous strip of land. A plat showing the above-described parcel is attached as Exhibit EOS 17. LOS 3- Parcel ] of Tract 9054 Oak Valley Unit1 (/,._jt RESERVING THEREFROM the following easements to the City of Cupertino (CITY): The easements described below are reserved subject to the following conditions. Additional Grant Deed - Area B Oak Valley Tract No. 9054 Page 3 of 8 GRANT DEED - EXHTBIT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 & 3 (Area B) conditions are set out with the description of the individual easements described below: a. Ci'TY shall maintain the facilities in the easement area and the access to the facilities. b. C~'TY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, C1TY shall provide COUNTY five (5) working days notice of date work is to begin. d. if C!q-Y must make emergency repairs to the facilities, CITY shall notify COUN'F'f of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. cI-rY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks & Recreation. CITY shall take all.means necessary to safeguard the public during any repair, maintenance or construction work. f. CiTY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. C1TY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its easement rights. EOS 20 A non-exclusive easement for underground public utilities on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 3, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on 3uly 9, 1998 in Book 705 at pages ~.3 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being a strip of land of uniform width of 30 feet, said strip being more particularly described as follows: BEGiNNiNG at the most northerly corner of said Parcel 3; thence leaving said corner along the northeasterly line of said parcel South 39°03'39'' East, a distance of 34.73 feet; thence leaving said line South 81°11'40'' West, a distance of 79.27 feet; thence South 51°48'00'' West, a distance of 100.00 feet to the southwesterly line of said parcel; thence along said line North 38°42'36'' West, a distance of 30.00 feet; thence leaving said line North 51°48'00'' East, a distance of 108.14 feet to the most northerly line of said parcel; thence along said line North 81°:11'40" East, a distance of 69.64 feet to the most northerly corner of said parcel and the POINT OF BEGINNING and containing an area of 5,356 square feet, more or less. A plat showing the above-described parcel is attached as Exhibit EOS 20. 5797 Grant Deed ~ Area B Oak Valley Tract No. 9054 Page 4 of 8 GRANT DEED - EXHTBI'T EO$ Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 & 3 (Area B) II ~ . Ill Grant Deed - Area B Oak Valley Tract NO. 9054 Page 6 of 8 GRANT DEED - EXHiBI'T EOS 23 Park: pro~iect: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 & 3 (Area B) Grant Deed - Area B Oak Valley Tract NO, 9054 Page 7 of 8 GRANT DEED - EXHIBIT EOS 20 Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-52-3, 5 LOS 1, 2 & 3 (Area B) ABt. E~ AND linE TABt;-~: FOR 2 THRO1JCH 5 ARE LOCATE]) ¥5. ~ 392. F-D ;]/4-' LP. W/ PL/~G 'RC~ 2D82 (NO3 OF RECORD ~o~ o.~ ~$ GAS UNE ~T ~ UNE 946 O.P~ W 309.' 59'0.~59' W L7g PARCEL O.oooe7 RESERVED FOR PUBLJC ~ ~PACE: LAflA ~--~. ~ ...... ~" a? DETAIL B (N.T.S.) HELD 3/4-' I SET IN 0 S 39'00'09' TRACT NO. 905..4 OAK VALLEY - UNIT 1 BriNG A SLIBDIVIS~ON OF A PORTION OF THE LANDS OF THE ROMAF BISHOP OF SAN JOSE:. AS SAID I.ANDS ARE DESCRIBED IN THOSE: INSTRUMENTS RECORDED IN BOOK K282 OR PAGE 150, BOOK 74- OI AND BOOK 517 OF DEEDS P~GE 40, SANTA CLARA COUNTY RE CITY OF CUPERTINO COUNTY OF SANTA CLARA STATE OI DATED: JUNE, 1998 Brian Kangae Feulk SURVEYORS - ENGINEERS - PLANNER 540 PRIC~ AVENUE Grant Deed - Area B Oak Valley Tract No. 9054 Page 8 of 8 GRANT DEED - EXHIBZT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 a 6 (Area C) LOS 4 - Parcel C of Tract 9054 RESERVING THEREFROM the following to the City of Cupertino (CITY): The easements described below are reserved subject to the following conditions: a. CITY shall maintain the facilities in the easement area and the access to the facilities. b. CITY shall provide plans for maintenance and replacement to COUNTY 60 days before such plans are to be implemented for COUNTY's approval. If COUNTY has not responded within the 60 days, the plans shall be deemed approved. c. After plans have been approved, CITY shall provide COUNTY five (5) working days notice of date work is to begin. d. If CITY must make emergency repairs to the facJlities, CITY shall notify COUNTY of such work within 24 hours of starting the repairs, identifying the exact location and nature of the repairs. e. CITY shall not close public access to park lands unless CITY receives written permission from COUNTY's Director of Parks & Recreation. CITY shall take all means necessary to safeguard the public during any repair, maintenance or construction work. f. CITY shall restore the land disrupted by maintenance or repairs to the condition existing before such work was begun. g. CITY shall carry out its installation, maintenance and repairs so as to preserve the habitat of any federally or state listed species. h. CITY shall hold COUNTY harmless and indemnify COUNTY against all liability arising out of CITY's exercise of its easement rights. EOS 8 - A non-exclusive easement for installation, maintenance and replacement of 10-foot public storm drainage facilities, including ingress and egress, on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on Jluly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows A strip of land having a uniform width of 10 feet, lying 5 feet on each side of the following described line: BEGINNING at the most southeasterly corner of Parcel A, as said parcel is shown on said map; thence along the southeasterly line of said parcel South 87°43'00'' East, a distance of 48.26 feet to the beginning of a curve to the left; thence along said curve having a radius of 150.00 feet, through a central angle of 37°26'14'', for an arc length of 98.01 feet; thence North 54059'46'' East, a distance of 179.81 feet to the beginning of a curve to the right; thence along said curve having a radius of 1000.00 feet, through a central angle of 7°55'27", for an arc length of 138.30 feet; thence North 62°55'13'' East, a distance of 87.05 feet to the TRUE POINT OF BEGINNING; thence leaving said line South 25°45'00" West, a distance of 119.33 feet; thence North 21o50'25" West, a distance of 72.40 feet to said southeasterly line of Parcel A and the terminus of said strip. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to form a continuous strip of land. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS 8". EOS 9 - A non-exclusive easement for installation, maintenance and replacement of an easement for public sewer and storm drainage, including ingress and egress, on the property described below: BEGINNING at the intersection of the easterly terminus of the northeasterly right-of-way line of Canyon Oak Way and the southerly line of Parcel C, as said way and parcel are shown on said map; thence along said southerly line of said pa, rcel North 30°00'00'' East, a distance of 10.24 Grant Deed - Area C Oak Valley Tract No. 9054 Page 2 of 14 GRANT DEED - EXHZBZT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 & 6 (Area C) feet to the TRUE POINT OF BEGINNING; thence continuing along said line North 30000'00" East, a distance of 26.98 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 150.00 feet, through an central angle of 2°53'56'', for an arc length of 7.59 feet; thence leaving said southerly line of said parcel North 00°15'17'' West, a distance of 230.87 'feet to the southeasterly right-of-way of Cristo Rey Drive; thence along said right-of-way line South 38°24'17'' West, a distance of 64.36 feet; thence leaving said right-of-way North 75°30'13. East, a distance of 16.17 feet; thence South 02°06'40'' East, a distance of 214.46 feet to the TRUE POINT OF BEGINNING and containing an area of 5,131 square feet, more or less. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS 9". EOS :10 - A non-exclusive easement for installation, maintenance and replacement of public underground storm drainage facilities, including ingress and egress, on the property described below (along Cdsto Rey Drive to detention basin): All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on ~luly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: BEGINNING at the intersection of the northerly right-of-way line of Canyon Oak Way and the southerly right-of-way line of Cristo Rey Drive, as said way and drive are shown on said map, said point being the beginning of a non-tangent curve to the left, from which point a radial line bears N 45°27'34'' W; thence northerly along said southerly right-of-way of Cristo Rey Drive and curve having a radius of 280.00 feet, through a central angle of 6°08'09!', for an arc length of 29.99 feet; thence North 38°24'17'' East, a distance of 215.55 feet to the TRUE POINT OF BEGINNING; thence continuing along said southerly right-of-way North 38°24'17'' East, a distance of 337.36 feet to the beginning of a curve to the left; thence along said curve having a radius of 1030.00 feet, through a central angle of 13°00'00'', for an arc length of 233.70 feet; thence North 51°35'43'' East, a distance of 69.24 feet; thence leaving said southerly right-of-way line North 36°50'41'' East, a distance of 163.99 feet; thence North 54°26'54'' East, a distance of 141.02 feet; thence North 87°18'19'' East, a distance of 187.55 feet; thence South 12°40'00" East, a distance of 20.31 feet; thence South 87°18'19" West, a distance of 185.17 feet; thence South 54°26'54'' West, a distance of 132.02 feet; thence South 36°50'41'' West, a distance of 184.10 feet; thence South 25°24'].7'' West, a distance of 42.53 to the beginning of a curve to the right; thence along said curve having a radius of 1045.00 feet, through a central angle of 13°00'00'', for an arc length of 237.10 feet; thence South 38°24'17" West, a distance of 185.28 feet; thence South 27°16'21" West, a distance of 65.52 feet; thence South 39°10'11'' West, a distance of 120.36 feet; thence North 00°15'17# West, a distance of 41.69 feet to the TRUE POINT OF BEGINNING and containing an area of 21,265 square feet, more or less. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS 10". EOS :1:1 - A non-exclusive easement for installation, maintenance and replacement of facilities for public emergency vehicle access, public utilities, including ingress and egress, and pedestrian/bicycle access on the property described below: All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1/' filed for record on .luly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: BEGINNING at the easterly terminus of the southerly right-of-way of Cristo Rey Drive, as said drive is shown on said map; thence leaving said right-of-way and along the northerly line of said Parcel C South 44°14'54'' West, a distance of 25.01 feet; thence South 45°45'05" East, I ~,,-~ Grant Deed - Area C Oak Valley Tract No. 9054 Page 3 of :14 GRANT DEED - EXflZBZT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 90~;4 342-5-59, 60 LOS 4 & 6 (Area C) a distance of 68.91 feet; thence South 63047'46'' East, a distance of 36.98 feet to the TRUE POINT OF BEGINNING; thence continuing along said northerly line South 63°47'46'' East, a distance 30.63 feet to the beginning of a non-tangent curve to the right, from which point a radial line bears North 53°52'34'' West; thence leaving said northerly line and along said curve having a radius of 110.00 feet, through a central angle of 33°35'21'', for an arc length 64.49 feet; thence South 69°42'47'' West, a distance of 139.14 to the beginning of a curve to the left; thence along said curve having a radius of 122.00 feet, through a central angle of 46°47'3~.'', for an arc length of 99.63 feet; thence South 22°55'16'' West, a distance of 74.65 feet to the beginning of a curve to the left; thence along said curve having a radius of 1:10.00 feet, through a central angle of 39°44'14'', for an arc length 76.29 feet; thence South 16°48'58'' East, a distance 65.75 feet; thence South 25°08'58'' West, a distance of 111.85 feet; thence South 06°06'16'' East, a distance of 75.29 feet to the beginning of a non~tangent curve to the left, from which point a radial line bears South 02°10'37'' East; thence along said curve having a radius of 36.50 feet, through a central angle of 23°57'16'', for an arc length of 15.26 feet; thence North 06°06'16" West, a distance of 120.77 feet; thence North 25°51'20'' East, a distance of 75.94 feet; thence North 16048'58'' West, a distance of 47.69 feet to the beginning of a curve to the right; thence along said curve having a radius of 140.00 feet, through a central angle of 38°44'14'', for an arc length of 94.65 feet; thence North 21°55'16'' East, a distance of 140.59 feet; thence North 69°42'47'' East, a distance of 208.25 feet to the beginning of a curve to the left; thence along said curve having a radius of 80.00 feet, through a central angle of 29°48'25'', for an arc length of 41.62 feet to the northerly line of said Parcel C and the TRUE POINT OF BEGINNING and containing an area of 21,139 square feet, more or less. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS EOS ~.4 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below (along Cristo Rey Drive to detention basin): All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on _luly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: A strip of land having a uniform width of 10 feet, lying 5 feet on each side of the following described line: BEGINNING at the easterly terminus of the southerly right-of-way of Cristo Rey Drive, as said drive is shown on said map; thence along said southerly right-of-way North 45°45'06 West, a distance of 315.42 feet to the beginning of a curve to the left; thence along said curve having a radius of 459.00 feet, through a central angle of 27°50'37'', for an arc length of 223.06 feet; thence North 73°35'43'' West, a distance of 87.52 feet; thence leaving said right-of-way South 13°13'56'' East, a distance of 142.71 feet to the beginning of a non- tangent curve to the left, from which point a radial line bears North 29°39'06'' East and the TRUE POINT OF BEGINNING; thence along said curve having a radius of 110.00 feet, through a central angle of 17°17'41'', for an arc length of 33.20 feet; thence South 77°38'35'' East, a distance of 107.00 feet; thence South 61o02'44'' East, a distance of 180.53 feet; thence South 52015'46'' East, a distance of 124.93 feet; thence South 47°52'32'' East, a distance of 69.59 feet; thence South 32°09'51'' West, a distance of 151.89 to the terminus of said strip. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to form a continuous strip of land. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS Grant Deed - Area C Oak Valley Tract No. 9054 Page 4 of 14 GRANT DEED - EXHZI3IT A Park: Project: APN: Map Ref.: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 &. 6 (Area C) EOS ~.5 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below (at the detention basin): Ail that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on luly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: BEGINNING at the easterly terminus of the southerly right-of-way of Cristo Rey Drive, as said drive is shown on said map; thence along said southerly right-of-way North 45°45'06 West, a distance of 315.42 feet to the beginning of a curve to the left; thence along said curve having a radius of 459.00 feet, through a central angle of 27°50'37'', for an arc length of 223.06 feet; thence North 73035'43'' West, a distance of 87.52 feet to the TRUE POINT OF BEGINNING; thence continuing along said right-of-way North 73o35'43'' West, a distance of 89.31 to the beginning of a curve to the left; thence along said curve having a radius of 359.00 feet, through a central angle of 8°22'40'', for an arc length of 52.49 feet; thence leaving said right-of-way South 12°40'00'' East, a distance of 216.32 feet; thence South 37°28'38'' East, a distance of 309.57 feet; thence North 13°13'56'' West, a distance of 431.88 feet to said southerly right-of-way and the TRUE POINT OF BEGINNING and containing an area of 41,244 square feet, more or less. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS 15% EOS 17 - A non-exclusive easement for installation, maintenance and replacement of public storm drainage facilities on the property described below All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on .luly 9, 1998 in Book 705 at pages 13 through 22, inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: A strip of land having a uniform width of 10 feet, lying 5 feet on each side of the following described line: BEGINNING at the easterly terminus of the southerly right-of-way of Cristo Rey Drive, as said drive is shown on said map; thence leaving said right-of-way and along the northerly line of said Parcel C South 44°14'54'' West, a distance of 25.01 feet; thence South 45045'05'' East, a distance of 68.91 feet; thence South 63°47'46'' East, a distance of 36.98 to the beginning of a non- tangent curve to the right, from which point a radial line bears North 50°05'38'' West; thence leaving said northerly line and along said curve having a radius of 80.00 feet, through a central angle of 29°48'25'', for an arc length of 41.62 feet; thence South 69°42'47'' West, a distance of 208.25 feet; thence South 21°55'16 West, a distance of 140.59 feet to the beginning of a curve to the left; thence along said curve having a radius of 140.00 feet, through a central angle of 38°44'14'', for an arc length of 94.65; thence South 16°48'58'' East, a distance of 16.71 feet to the TRUE POINT OF BEGINNING; thence South 84°45'37'' West, a distance of 114.18 feet to the terminus of said strip. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to form a continuous strip of land. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS 17". EOS 21 - A non-exclusive easement for Jnstallation, maintenance and replacement of public storm drainage facilities on the property described below All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel C, as said parcel is shown on that certain map entitled "Tract 9054 Oak Valley - Unit 1," filed for record on ~luly 9, 1998 in Book 705 at pages 13 through 22, Grant Deed - Area C Oak Valley Tract No. 9054 Page 5 of 14 GRANT DEED - EXHIBIT A Park: Rancho San Antonio Project: Oak Valley - Tract No. 9054 APN: 342-5-59, 60 Map Ref.: LOS 4 & 6 (Area C) inclusive, in the Office of the Recorder of Santa Clara County, being more particularly described as follows: A strip of land having a uniform width of :/LO feet, lying 5 feet on each side of the following described line: BEGINN]NG at the most southeasterly corner of Parcel A, as said parcel is shown on said map; thence along the southerly line of said parcel South 87°34'00' East, a distance of 48.26 feet to the beginning of a curve to the left; thence along said curve having a radius of 150.00 feet, through a central angle of 17°47'32", for an arc length of 46.58 feet to the TRUE POINT OF BEGINNING; thence leaving said southerly line South 16°03'39" East, a distance of 100.21 feet to the southerly line of said Parcel C and the terminus of said strip. The sidelines of said 10 foot wide strip of land shall be lengthened or shortened to form a continuous strip of land. A plat showing the above-described parcel is attached and made a part of this document as Exhibit "EOS 21". LOS 6 - Parcel D of Tract 9054 Oak Valley Unit :1. GRANTOR shall maintain in perpetuity the ponds and appurtenant facilities on the subject Parcel D according to the following: Maintain the ponds and landscaping according to the Landscaping Plans for Tract 9054 Oak Valley Unit :1 as approved by Grantee. Grantor shall submit landscaping plans for Grantee approval 60 days in advance of any proposed installation date. Grantee shall not unreasonably withhold its consent. Maintain the ponds and adjacent landscaping to be clean and attractive and ensure that no public health hazard or nuisance exists on the parcel. 3. Ensure that public access through the parcel is kept open. Submit any plans for changes in the ponds and landscaping to Grantee 60 days before any such changes are to be installed. Grantee shall not unreasonably withhold its approval. GRANTOR shall protect, defend, indemnify and hold harmless GRANTEE from and against any damages, expenses or liabilities arising directly or indirectly arising from GRANTOR=s maintenance of the subject parcel. GRANTOR shall maintain insurance at its own cost general liability insurance in the amount of $1,000,000 per occurrence naming the GRANTEE as additional insured against any liability, costs, claims or damages arising from GRANTOR's maintenance of the subject parcel. ~ ~1o. 5797 Grant Deed - Area C Oak Valley Tract No. 9054 Page 6 of 14 GRANT DEED - EXHZB]'T EOS 8 Pa~l~j Ran-c~$ ~an A~toni0 Project; Oak Valley - Tract No. 9054 APN: 342-5-59~ 60 Map Ref.: LOS 4 {Area C) PARCEL A (N PC~E TOlil~2 LJN£ 6014. OR ~ WHICH 2974- OR 154 CA. EASieST. .--J N 59'4-7'4g' E (R) 12' S2'0~'00° W x= P 6F. Grant Deed - Area C Oak Valley Tract No. 9054 Page 7 of 14 GRANT DEED - EXHTBZT EOS 9 P~rk: Project: APN: Map Ref.: RanE~° ~5 AntOnio Oak Valley - Tract No, 9054 342-5-S9, 60 LOS 4 (Area C) :' 73~35'43' E s 37~ ~ %. 4-5'45'06' W w H7.70' 0.P~E.. P.A.E. & 11 10 g 2 PARCEL A PO~E T0WEA ~ 6024 OR 38 ~ 2974 & DETNL 'A' :I~IEET 5 PARCEL D (0~57519 AORE~) PUBLtC OPEN SPA~ DETAIL 'A= ~ 5) 88w~0'47' W 122.0 --J N 59',t,7'49' E CA.N__Yp_N 9AK WAY Grant Deed - Area C Oak Valley Tract NO. 9054 Page 8 of 14 GRANT DEED - EXHZBIT EOS 10 * Park: Project: APN: Map Ref.: ~ancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 (Area C) (S ~l'~a 57' E ¥=~' w)O,~) PARCEL C (56.76302 AC~) ~VE~ FOR F~'BUC O~E~I S~ACE O.P,.~. P.A.E.. & · 12 L 3 t! lO 2 G PARCEL A PARCEL (~tq751 g ACRE~) FOR PUI~JC OPEN ~=ACE DETNL 'A' ~ ,_w ~.L 88"30'47' W. 12.?_0, N 59'47'49' I~ (R) 6024- OR 5a v~ 2974. ~ ~8 CA.N__Y_O._N 9AK WAY' , Gront Dee0 - Area C Oak Valley Tract No. 9054 Page 9 of 14 GRANT DEED - EXH~'BIT EO$11 Park: Project: APN: Map Ref.: Rancid0 Sa-n Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 (Area C) (S 61'2a'ST- E s PARCEL C (~s.7~02 ACRES) RESER VE~ FOR Pt~BUC OPEN SPACE ' 12 W 117.70' O.R.E.. P.A.,F_ 10 9 f 2 & S.S,E. DETAIL 'A' ~EET 5 PARCEL A C~s,4;os~ xop,~:s) PO&:E TO~ 6024 OR 297~. o PARCEL D (0-$7519 AC,.~..~) FOR PUI~JC CLaEH SPACE DETAJL 'A' SHE~r 5) 8fl'30'47' W ,,, ~'3'~ N 2~ ..... O_AK WAY ~N s Grant Deed - Area C Oak Valley Tract No. 9054 Page 10 of 14 GRANT DEED - EXHIBTT EOS ].4 Park: Project: APN: Hap Ref.: Rancho sa'n Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 (Area C) 315.42 10' PARCEL C (qs.76~02 ,'~-~.~. VE~ FOR PUBuc OPEN SPAC~ 0.~.E., P.A.D- & p ' 12 25'24-'17' W 117.70' tl 10 9 8 2 -,PARCEL A (~Pq.49084 AC~) PO&E T0t~[~ 6024 OR 38 ~tt~ 2974- & S.S.F... DETAIL 'A' ~,,IEET 5 N 59'4-74g' E as"~o'47- w I;.2.o~,? 2~ -CA,.Nyp_N gAK WAY ~'~s Grant Deed - Area C Oak Valley Tract No, 9054 Page Z~ of Z4 GRANT DEED - EXHIBIT EOS 15 Park: Project: APN: Map Ref.: p, anch6 §an Ant~0ni6 Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 (Area C) PARCEL c (5~.78302 A~) Rk"~VE2) FOR PL/BUC OP~3~ ' 12 W 0.R.E.. P.A.E. & I C 11 I0 2 PARCEL A (36,49084 q & DETAIL 'A' PARCEL D (0.~751g DETAJL 'A' ~HE:ET 5) aa"3o'47- w 122.o4' PC-aE T0WE3~ L 6024 OR 2974 C :A.N..__Y.O_N. O_AK WAY Grant Deed - Area C Oak GRANT DEED - EXHZBZT EOS 17 Park: Project: APN: Map Reft: Rancho San Antonio Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 (Area C) .-- 73"~s'~' ~- 26,.: 0.R.F.. P.A.E. & F S 37~6'38' PARCEL C ('~6.75302 ACRES) ~VED FOE Poeuc OPEN 12 -$ 25"2¢'17' W 117.70' ~(14) 11 lO 2 .PARCEL A -~ (36.49084. ACRE:~) ~ TOWER U 6024- OR ,.'3~] ~1 2974- 0 & $.S.E. DET, aJL 'A' SH~'T 5 PARCEL D (0.67519 ACRE~) FOR (~ DETAIL A" SHEET 5) _J N 59'4-7'49' ¢ (R) 58'30'47' W 122.04.' CA.N__Y_O._N QAK WAY 2~ ~& 5 Grant Deed - Area C Oak Valley Tract No. 9054 Page 13 of 14 GRANT DEED - EXH'rBTT EO$ 21 Park: Pr~ect: APN: Nap Reft: Rancho $-~h ~Antoni0 Oak Valley - Tract No. 9054 342-5-59, 60 LOS 4 (Area C) O.R.E_, P.A,E. & P.U.E. PARCEL C - -~ (58.76302 A~) R~ FOR * ~BUC OP~ ~ACE ~ Ca,- A PARCEL A (~.49084- ACRES~ 10' (N TOWER UN£ E,'~E~ENT 6024 OR ~ ~',CH 2974. oR 1.54 c/t. J 12° BOoK P~6F. Grant Deed - Area C Oak Valley Tract No. 9054 Page 14 of 14 i2'0a'o0' w CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Authorize a transfer of funds in the amount of $41,000.00 from Account No. 270-8403, Sidewalk, Curb and Gutter, to Account No. 270-9430, Stevens Canyon Road Widening, to provide additional construction contingency for the contract for the Stevens Canyon Road Widening, Project No. 98- 120. BACKGROUND On November 19, 2001, City Council awarded the contract for the Stevens Canyon Road Widening project to O.C. Jones and Sons, Inc. Construction of the project is nearing completion, with landscaping and a few minor construction items left to complete. During construction, shoring placed by the contractor to support the roadway during retaining wall construction deflected excessively, causing a settling of the roadway being supported. There will be an unknown cost of the labor and materials required to repair the damaged roadway. However, depending on the negotiations with the contractor for a change order, the cost is not expected to exceed $41,000.00, and therefore staffbelieves that it is prudent to make the funds available pending the final accounting for the project. FISCAL IMPACT This action would require a transfer of funds in the amount of $41,000.00 from the unencumbered balance of Account No. 270-8403, Sidewalk, Curb and Gutter, to Account No. 270-9430, Stevens Canyon Road Widening. STAFF RECOMMENDATION Authorize a transfer of funds in the amount of $41,000.00 from Account No. 270-8403, Sidewalk, Curb and Gutter, to Account No. 270-9430, Stevens Canyon Road Widening, to provide additional construction contingency for the contract for the Stevens Canyon Road Widening, Project No. 98- 120. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager Pnnted on Recycled Paper City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department Agenda Item No. SUBJECT: 15. SUMMARY Housing Services Agenda Date: Tune 16, 2003 Conduct a second public hearing to consider and adopt the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans. RECOMMENDATION: Staff recommends Council approve for submittal to the Depmtment of Housing and Urban Development (HUD) the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans. DISCUSSION: Background: During the past few months, staff has been preparing for the City of Cupertino to receive CDBG funding directly from the Department of Housing and Urban Development (HUD), rather than through the County of Santa Clara. The process of becoming an Entitlement Jurisdiction is a time-consuming process. Since Cupertino recently became an Entitlement Jurisdiction, the city is required to complete its first Consolidated Plan prior to incurring costs. In the past, the County of Santa Clara was responsible for the preparation of the Consolidated Plan and the Citizen Participation Plan, since Cupertino participated in the Urban County CDBG Program. In an attempt to streamline the process, the City of Cupertino has been invited by HUD, along with three other California cities, to participate in a federal pilot program to streamline the Consolidated Plan process. The Consolidated Plan is the federal equivalent of the Housing Element. The plan details Cupertino's housing needs and how these needs are addressed. The City's consultant, D.R. Elrod and Associates, is currently working on the draft Consolidated Plan. Since this document duplicates the Housing Element and other city documents, the pilot program allows cities to reference the Housing Element and these documents rather than recreate the work. Citizen participation is one of the areas the city must address as part of the Consolidated Plan. C:\WINNT\Profiles\nancyc.000\Temporary Internet Files\OLK8\CC Con plan report 2.doc Pdntedon Rocycled Paper ] 3 ~"l Page 2 The City Council held the first Public Hearing on June 2, 2003 to begin accepting comments. This is the final public hearing and the last day public comments may be accepted. Following the approval, staff will submit to HUD the Consolidated Plan, which includes the Annual Plan, and the Citizen Participation Plan, along with the attached Application for Federal Assistance (HUD424 and the appropriate Certifications. The HUD424 form and the Certifications must be signed by the City Manager prior to submittal to HUD. The Certifications require the City of Cupertino to certify that the city and appropriate staff will affirmatively further fair housing, comply with federal relocation and displacement policies, provide a drug free workplace, prohibit the use of federal funds for lobbying activities, prohibit excessive force by the law enforcement agency operating in the city limits, follow a citizen participation plan, comply with anti- discrimination laws, comply with lead-based paint requirements and require any activities be consistent with the approved Consolidated Plan. Citizen Participation Plan: Federal Regulations require the City of Cupertino to develop and follow a detailed plan which provides for, and encourages, citizen participation and which emphasizes participation by persons of Iow- or moderate-income, particularly residents of predominantly Iow- and moderate-income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use CDBG funds. The plan must provide citizens with reasonable and timely access to local meetings and the opportunity to review proposed activities and program performance; provide for timely written answers to written complaints and grievances; and identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non- English speaking residents can be reasonably expected to participate. Attached is a draft of the Citizen Participation Plan prepared by D.R. Elrod and Associates. This plan was released for public review and comment on February 19, 2003. The plan was available for review at City Hall and the temporary library. CDBG Steering Committee: Part of the new Citizen Participation Plan is the creation of a CDBG Steering Committee. The Committee will be comprised of all members of the Cupertino Housing Commission, with its Chairperson sitting as Chair of the Steering Committee. In addition, the City Council appointed four additional members, three from areas of the City with high concentration of low and moderate-income residents and one committee member as a citywide representative. The citywide representative cannot be a resident of a defined Iow and moderate-income area. The CDBG Steering Committee will oversee the preparation of the Consolidated Plan, the distribution of CDBG funds. Since Cupertino did not have enough time to interview and advertise for the Steering Committee, the City Council approved a streamlined process for the first year of the CDBG program. In January, the City will C:\WINNT~Profilesknancyc.000\Temporary Intemet Files\OLKS\CC Con plan report 2.doc [ '~'"'fi'- Page 3 advertise the committee vacancies and interview applicants along with the other committee vacancies. Prepared by Vera Gil, Senior Planner Director of Community Development Approved by: David W. Knapp City Manager Attachments: Draft Consolidated Plan (including the Annual Plan) Draft Citizen Participation Plan Application for Federal Assistance (HUD-424) Certifications C:\WINNTkProfilesknancyc.000\Temporary Intemet Files\OLK8\CC Con plan report 2.doc RESOLUTION NO. 03-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE 2003-05 CONSOLIDATED, ANNUAL AND CITIZEN PARTICIPATION PLANS AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLANS TO HUD WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant (CDBG) Program through the United States Department of Housing and Urban Development (HUD); and WHEREAS, the City of Cupertino participates in the CDBG Program in order to provide affordable housing opportunities for very-low and low income persons and families; and WHEREAS, the City of Cupertino is required to have in place Consolidated, Annual and Citizen Participation Plans prior to the encumbrance of CDBG funds; and WHEREAS, the City of Cupertino must submit said plans along with an Application for Federal Funding, and signed Certifications to HUD prior to encumbrance of CDBG funds; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the 2003-05 Consolidated, Annual and Citizen Participation Plans and authorizes the City Manager to sign the Application for Federal Funding and the appropriate Certifications and submit the documents to the Department of Housing and Urban Development. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June 2003 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: Attest: Approved: City Clerk Mayor, City of Cupertino CITY OF CUPERTINO CONSOLIDATED PLAN CITIZEN PARTICIPATION PLAN INTRODUCTION The Citizen Participation Plan (CPP) contains two components: the overall objectives of the CPP and the objectives and structure for the Community Development Block Program (CDBG). I. OVERALL OBIECTIVES In the preparation of the City of Cupertino Consolidated Plan, the City will adhere to the objectives outlined in the Final Rule for the Consolidated Plan (24 CFR Part 91, et seq., dated January 5, 1995) and subsequent revisions, including the encouragement of citizen participation in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, and Performance Reports. These objectives are designed to especially encourage participation by low- and moderate-income persons, including those living in blighted areas. To meet these objectives, the City will adhere to the following procedures: General Objectives on Notices, Hearings, Substantial Amendments, and Availability of Documents To ensure partidpation of all citizens, including minorities, non- English-speaking citizens and persons with disabilities, the City will provide notices of meetings, hearings, substantial amendments and availability of documents via US Mail to organizations, agencies and groups representing such residents, in English as well as other languages as is appropriate or warranted. Notices will include information regarding facilities and services available to persons with disabilities. To encourage the participation of residents of public housing, the City will provide notices of meetings, hearings, substantial amendments and availability of documents via US Mail to the resident organizations at any public housing developments as well as to the Housing Authority of Santa Clara County, which manages the County's public housing units, in English as well as other languages as is appropriate or warranted. Notices will include information regarding facilities and services available to persons with disabilities. To encourage participation by lower-income residents in any revitalization areas, the City will provide notices of meetings, hearings, substantial amendments and availability of documents Consolidated Plan Citizen Participation Plan Page 2 via US Mail to community centers throughout the City in English as well as other languages as is appropriate or warranted. Notices will include information regarding facilities and services available to persons with disabilities. The City will provide residents with an opportunity to comment on the CPP and its amendments by providing notices of meetings, hearings, substantial amendments and availability of the CPP before the City Council, its various subcommittees, and/or citizen advisory groups, either in newspaper notices or via individual mailings to organizations, agencies and groups noted atfove. The public will have the opportunity to comment on the draft CPP and its amendments for a period not less than fifteen (15) days prior to its adoption by the City Council. Notices will include information regarding facilities and services available to persons with disabilities. The City will provide residents with an opportunity to comment on the Consolidated Plan and any substantial amendments to it by providing notices of meetings, hearings, substantial amendments and availability of the Consolidated Plan before the City Council, its various subcommittees, and/or citizen advisory groups, either in newspaper notices or via individual mailings to organizations, agencies and groups noted above. The public will have the opportunity to comment on the draft Consolidated Plan and substantial amendments for a period not less than thirty (30) days prior to its adoption by the City Council. Notices will include information regarding facilities and services available to persons with disabilities. The City will provide residents with an opportunity to comment on performance reports by providing notices of meetings, hearings, and availability of performance reports before the City Council, its various subcommittees, and/or citizen advisory groups, either in newspaper notices or via individual mailings to organizations, agencies and groups noted above. The public will have the opportunity to comment on the draft performance reports for a period not less than fifteen (!5) days prior to adoption by the City Council. The Draft Consolidated Plan To provide a reasonable opportunity for the public to comment on the Consolidated Plan, a public review period of not less than thirty (30) days will established for each annual update, the Consolidated Plan Citizen Participation Plan Page 3 purpose of which is to receive comments from the public prior to final adoption of the Consolidated Plan by the City Council. In addition to providing notices to organizations, agencies and groups to advise the public of the availability of the draft document for public review, the City will publish a brief summary of the Consolidated Plan, its contents and purpose, in a local newspaper of general circulation during the public review period. The summary will include information regarding each source of federal funding and its intended allocation by type or use. The summary will describe where copies of the complete document are available for public review (usually at libraries, community centers, and the City Clerk's Office), and that complete copies are also available free of charge (one copy per person) at the Planning Department. The City will consider comments and views expressed by residents and other interested parties either in writing or orally at public meetings regarding the Consolidated Plan before the City Council adopts the final Consolidated Plan. The City will provide, as an attachment to the final Consolidated Plan submitted to the US Department of Housing and Urban Development (HUD), a summary of comments and the City's subsequent action or reason why no action was taken. This information will be made available to the public as part of the final document. D. Substantial Amendments Substantial amendments to the document after it has been adopted by the City Council will require additional opportunity for public review and comment. A substantial amendment is defined as an amendment that: changes the use of CDBG funds from one eligible activity to another (federal requirement); changes the allocation priorities or the method of the distribution of funds; or changes an activity to be funded to one not previously described. To provide a reasonable opportunity for the public to comment on a substantial amendment, a public review period of not less than thirty (30) days will be established, the purpose of which is Consolidated Plan Citizen Participation Plan Page 4 to receive comments from the public prior to final adoption of the substantial amendment by the City Council. The City will consider comments and views expressed by residents and other interested parties either in writing or orally at public meetings regarding the substantial amendment prior to City Council action. The City will provide, as an attachment to the final substantial amendment submitted to HUD, a summary of comments and the City's subsequent action or reason why no action was taken. This information will be made available to the public as part of the final document. Performance Reports To provide a reasonable opportunity for the public to comment on performance reports (including the annual CAPER), a public review period of not less than fifteen (15) days will be established, the purpose of which is to receive comments from the public prior to final adoption of the performance reports by the City Council. The City will consider comments and views expressed by residents and other interested parties either in writing or orally at public meetings regarding the performance reports prior to City Council action. The City will provide, as an attachment to final performance reports submitted to HUD, a summary of comments and the City's subsequent action or reason why no action was taken. This information will be made available to the public as ~art of the final document. Hearings Federal regulations require that the City hold at least two (2) public hearings each year, the purpose of which is to obtain the views of residents and interested parties, at two different stages of the program year, addressing housing and community development needs, the development of proposed activities, and review of program performance. To meet these requirements, the City will hold the following hearings annually to solicit input on the Consolidated Plan: at least one (1) hearing on housing needs before the CDBG Steering Committee, to be held prior to the development of the Consolidated Plan draft; Consolidated Plan Citizen Participation Plan Page 5 at least two (2) hearings before the City Council, to review the proposed draft and adopt the final document. at least one (1) hearing before the City Council to consider and approve any performance report. at least one (1) hearing before the City Council to consider and approve any substantial amendments. Additional hearings to consider proposed uses of CDBG funds are described below, in section III, CDBG Citizen Participation Structure. All hearings, whether before the City Council or Steering Committee, will be held at accessible locations in Cupertino, usually City Hall. All hearings will be held during the evening hours or on Saturday unless otherwise indicated to ensure that working people have an opportunity to attend. All hearings will be held in places accessible to the disabled. The City will provide listening devices and other assistance to disabled persons upon request, to the extent practicable. At meetings were translation services are expected, or if such services are requested, the City will provide interpreters to the extent practicable. Accessto Records The City will provide, upon written request, access to all records related to the Consolidated Plan and any of its related documents and reports, within ten (10) days from the receipt of the request. Technical Assistance The City will, to the extent practicable, provide technical assistance to groups representing persons of low- and moderate-income that request such assistance in developing proposals for funding under any program covered by the Consolidated Plan. This may include, but is not limited to, providing information regarding how to fill out applications, where applicants may locate other sources of funding, or providing referrals to appropriate agencies within and outside the City of Cupertino. "Technical assistance," as used here, does not imply the granting or loaning of funds to groups requesting such assistance. Consolidated Plan Citizen Participation Plan Page 6 II. I. Complaints Complaints received from members of the public regarding the Consolidated Plan, any amendments, and any performance reports will be referred to the appropriate City department or, if appropriate, the Mayor and City Council, for disposition. The City will provide substantive, written responses to all complaints within fifteen (15) days of receipt. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OB|ECTIVES A. Overall CDBG Program Objectives In the preparation of the Community Development Block Grant Plan and Program, the City will adhere to the following objectives: Conform to the intent of the Housing and Community Development Acts of 1974, 1977, and 1987 by providing projects that benefit persons of low or moderate income and/or aid in the prevention or elimination of slums and blight. Provide for meaningful citizen participation in the development and implementation of the CDBG Program and assessment of CDBG performance in accordance with the citizen participation requirements specified in the CDBG rules and regulations. Develop a plan that meets community development needs and provides continuity with the community development activities initiated in previous years of the CDBG program. Implement program activities to achieve and ensure maximum program impact and resource utilization. Achieve maximum economies in the implementation, administration, and evaluation of the program. Provide supporting activities necessary to conform to the intent and guidelines of the Act. B. Citizen Participation Objectives The objectives of the citizen participation process are: To form a citizen participation structure that adheres to the provisions of the Act and represents lower- and moderate-income Consolidated Plan Citizen Participation Plan Page 7 III. areas of the City and others served by CDBG on a Citywide basis. To provide all residents of the City, especially those who are lower- and moderate-income and live in areas where funds are being or are proposed to be used, with the opportunity to: a. Attend Public Hearings b. Define local needs c. Review program proposals d. Review and evaluate the plan e. Provide specific program recommendations f. Recommend the use of the funds To provide adequate citizen involvement in all phases of the CDBG program including: a. Development of criteria for evaluation of projects Development and review of the Community Development Plan c. Review of subsequent amendments to the program Review of program implementation, monitoring and evaluation. CDBG CITIZEN PARTICIPATION STRUCTURE The proposed structure provides for citizens to address community development needs and make recommendations at two levels: (1) through the CDBG Steering Committee, and (2) at City Council Public Hearings. A. Composition The Steering Committee is comprised of all members of the Housing Commission, with its Chairperson sitting as the Chair of the Steering Committee. In addition, the City Council will appoint four additional members, three from areas of the City with high concentrations of lower- and Consolidated Plan Citizen Participation Plan Page 8 moderate-income residents, defined as [~ diS~k~,~Couh~i?~i~!~?!~), and one as a Citywide representative [who cannot be a resident of the defined lower-income areas). Appointments will take place if any vacancies occur. In order to ensure that the Steering Committee will have a quorum at all meetings, it is a policy that unexcused absences be limited to two consecutive meetings. The member shall be deemed to have automatically resigned after missing the third consecutive meeting or missing more than 20% of all meetings scheduled within a calendar year. All positions on the Committee are four (4) years. Housing Commissioner terms on the Steering Committee will end according to their end date on the Commission. Staggered ending dates for the other Steering Committee members will assure continuity and avoid all members leaving at the same time. The following are the established positions on the Committee and their current ending dates. Representative Ending Date 1 2 3 4 5 6 7 8 9 Functions The Community Development Block Grant Steering Committee is the lead citizen participating group in the planning and programming process of the Community Development Block Grant. The Steering Committee will be involved in the total CDBG and Consolidated Planning process. Its specific responsibilities shall be: To advise the City Administration and the City Council in the development of the Consolidated Plan and its related programs. To conduct public meetings on the development of the Plan and its programs, and to review and evaluate proposals from the Community Based Organizations. To assist the City Council in conducting Public Hearings on the Plan and its programs. Consolidated Plan Citizen Participation Plan Page 9 C. Public Hearings As noted in an earlier section, at least one (1) hearing on housing needs will be held before the CDBG Steering Committee, to be held prior to the development of the Consolidated Plan draft public hearings. In addition, the Steering Committee will hold at least one (1) hearing after this needs hearing to: obtain views and proposals of citizens at the initial stage of the application development on community development and needs priorities; review program process and performance and obtain citizen comments on the same, and obtain views of citizens on the proposed application prior to submission of the application to HUD or other required agencies. Notices of hearings shall be provided in accordance with Section I(A), above. D. Quorum A quorum for the CDBG Steering Committee is more than half of the total nine (9) positions, whether filled or vacant. As constituted, a quorum will be five (5) members. IV. CITIZEN INVOLVEMENT IN THE CDBG PLANNING PROCESS Submission of Views and Proposals During the planning process, non-profit agency proposals for CDBG funding will be actively solicited. Technical assistance by way of a proposal workshop will be provided to citizens in developing these proposals as is requested or warranted. The Steering Committee and the City Council shall set a date after which no further proposals will be considered. In addition to the hearing noted in III(C) above, the Steering Committee shall hold as many additional meetings as necessary to discuss these proposals. All Steering Committee meetings will be open to the public and the Steering Committee will review any proposals that are submitted. Citizens will also have an opportunity to review and comment on a preliminary CDBG Plan at the Steering Committee meeting. Views may also be presented before the City Council at any of the hearings. Consolidated Plan Citizen Participation Plan Page 10 Technical Assistance The City's Community Development Department shall provide technical assistance to the CDBG Steering Committee. This assistance will include staffing the Committee, clerical support for providing minutes and arranging meetings and technical support preparing the general recommendations of the Steering Committee. Assistance will be provided by the Community Development Department to interested individuals and citizens' groups who need further explanation of the background and intent of the Housing and Community Development (HCD) Act, interpretation of specific HUD regulations and project eligibility criteria. Adequate Information Information on the planning process, induding the citizen participation plan, the approved current CDBG application, performance reports, and CDBG program regulations shall be available for citizen review during normal working hours in the Community Development Department. Other pertinent information including minutes of Steering Committee meetings, prior applications, grant agreements, environmental documentation, mailings and promotional material, records of hearings, letters of approval, evaluation reports, proposed CDBG applications, and documents regarding fair housing and other equal opportunity requirements, relocation provisions and contracting procedures, will also be available for citizen review during normal working hours at the Community Development Department. A summary of important elements of the program will be published in a local newspaper of general circulation during the development phase of the Plan. The summary shall include, but not be limited to, the following information: a. The total amount of entitlement funds available to the City b. The types of activities eligible for CDBG funding A discussion of the application process for community based organizations Consolidated Plan Citizen Participation Plan Page 11 A schedule of meetings and hearings and a summary of the planning process, and e. A summary of other program requirements. Information concerning the CDBG program will be sent periodically to all persons on the CDBG mailing list. This list will include all persons expressing interest in the CDBG program. Currently funded nonprofits and agencies requesting funds in the past year will be automatically added to the list. E. Program Implementation Citizens will be involved in the implementation of the CDBG program. The CDBG Steering Committee will receive semi-annual reports on the progress of projects included in the CDBG program. Meetings will be held by the Steering Committee to discuss any issues that significantly affect the CDBG program, such as substantial modifications to approved projects or significant time delays. F. Assessment of Performance Citizens will be given the opportunity to assess and submit comments of the City's performance in the CDBG program. The CDBG Steering Committee will review performance throughout the program year. G. Notice of Submission of Application At the time of application to HUD, a notice shall be published a local newspaper of general circulation stating the availability of the application, describing the requirements for citizen objections, and in a form that meets HUD requirements for publication. I. Location and Time of CDBG Steering Committee Meetings Generally, the CDBG Steering Committee will meet in City Hall and at sites throughout the neighborhoods of the City. AFFORDABLE HOUSING AND HOMELESS OB|ECTIVES A. Overall Affordable Housing and Homeless Objectives In the preparation of the housing and homeless portions of the Consolidated Plan, the City will adhere to the following objectives: Consolidated Plan Citizen Participation Plan Page 12 Conform to the intent of the Housing and Community Development Acts of 1974, 1977, and 1987 by providing projects that benefit persons of low or moderate income and/or aid in the prevention or elimination of slums and blight. Conform to the intent of all programs covered by the Consolidated Plan. Conform to the intent of the Cranston-Gonzalez National Affordable Housing Act of 1990. Provide for meaningful citizen participation in the development and implementation of the these above-named programs and assessment of the City's performance in accordance with the citizen participation requirements specified in the Consolidated Plan rules and regulations. Develop a plan that addresses community housing and homeless needs and provides continuity with the housing and homeless activities initiated in previous years of the programs. Implement program activities to achieve and insure maximum program impact and resource utilization. Achieve maximum economies in the implementation, administration, and evaluation of the program. Provide supporting activities necessary to conform to the intent and guidelines of the various programs. Application for Federal Assistance U.S. Department of Houslng and Urban Development OMB Approval No.2501-0017 (exp. 03/31/2005) ~. Date Submitted t. HUD Application Number 1. Type of Submission 06/16/2003 r~ Application [] Preapplication Date and Time Received by HUD L Existing Grant Number /~ L Applicant Identification Number r. Applicant's Legal Name B. Organizational Unit City of Cupertino Housing Services Division, Community Development Department t. Address (give city, county, State, and zip code) 10. Name,t~tle,telephone number,fax number, and e-mail of the person to be A. Address: 10300 Torre Avenue contacted on matters involving this application (iocluding area codes) B. City: Cupertino A. Name: Vera Gil C. County: Santa Clara County B. Title: Senior Planner D. State: CA C. Phone: 408-777-3251 E. Zip Cpee:95014 D, Fax: (408)777-3333 E. E-mail: verag@cuperdno.org 11. Employer Identification Number (EIN) or SSN 12. Type of Applicant (enter appropriate letter in box) ~ C 94-6027368 A. State L University or College B. County J. Indian Tribe 13. Type of Application C. Municipal K. Tdbally Designated Housing Entity (TDHE) X--']NewD Continuation D Renewal D Revision D. Township L. Individual E. Interstate M. Profit Organization If Revision, enter appropdste letters in box(es) [] [] F. Intermunicipal N. Non.protit A. Increase Amount B. Decrease Amount C. Increase Duration G. Special Distdct O. Public Housing Authority D. Decrease Duration E. Other (Specify) H. independent School District P. Other (Specify) 14. Name of Federal Agency LJ.S. Department of Housing and Urban Development 15. Catalog of Federal Domestic Assistance (CFDA) Number t6. Descriptive Title of Applicant's Program {1 4 -- 218 Vadous inter-related housing and community development activities to be unde~!a~en with entitlement funds that bene~ Iow and moderate income 'title: Community Development Block Grant Program households end or prevent slum and blight. Component Title: 17. Areas affected by program (boroughs, cities, counties, States, Indian Reservation, etc.) Cupertino, CA 1 Sa. Proposed Program start date ~1 Bb. proposed Program end date 19a. Congressional Districts of Applicant ~19b. Congressiona~ Districts of 07/01/2003I 06/30/2003 15lp rogram 15 20. Estimated Funding: Applicant must complete the Funding Matrtx on Page 2. 21. Is Appiicefl.=on subject to review by State Executive Order 12372 Process? A. Yes 'l"nis preapplication/application was made available to the State Executive Order 12372 Process for review on: Date B. No ~ Program is not covered by E.O. 12372 Program has not been selected by State for review. 22. Is the Applicant delinquent on any Federal debt? L~ No ] 'Yes," expicio or an explanation. Yes If below attach Previous versions of HUD-424 and 424-M are obsolete Page 1 of 2 form HUD-424 (01/2003) ref. OMB Circular A-102 Funding Matrix The applicant must provide the funding mat'ix shown below, listing each program for which HUD fonding is being ,equested, and complete the certifications. Grant Program* HUD Applicant Other HUD ~)ther Federa State Local/Tribal Other Program Total Share Match Funds Share Sham Share income Development BlOCI( 474,000.00 474,000.00 0.00 0.00 0.00 0.00 Grand Totals 474,000.00 0.00 0.00 0.00 0.001 0.00 0.00 0.0C 474,000.00 For FHIPs, show both initiative and component Certifications certify, to the best of my knowledge and belief, that no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, ~r an employee of a Member of Congress, in connection with the awarding }f this Federal grant or its extension, renewal, amendment or modification, if funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard Form-LLL, :)isclosure Form to Report Lobbying. ] certify that I shall require all sub awards at all tiers (including sub-grants and contracts) to similedy certify and disclose accordingly. Federally recognized Indian Tribes and tribally designated housing entities (TDHEs} established by Febera]ly-recognised Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment, but State-recogniznd Indian ' thbes and TDHEs established under State law are not exoluded from the statute's coverage. This application Incoi'poretes the Assurances and Cedffications (HUD-424B) attached to this application or renews and incorporates for the funding you are seeking the Assurances and Certifications currently on tiis with HUD. To the best of my knowledge and belief, all information in this ;~pplicadon is true and correct and constitutes material representation of fact upon which HUD may rely in awarding the agreement. JName (printed) !3. SignatumofAuthorized Of~cial ~ David W. Knapp ~Data (mrn/dd/yyyy) ntle City Manager ~ 06/16/2003 Previous versions of HUD-424 and 424-M are obsolete. Page 2 of 2 forth HUD-424 (0'[/2003) ref, OMB Circular A-102 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair homing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as emended, and implementing regulations at 49 CFR 24; end it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME program~. Drug Free Workplace - It will or will continue to Provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance ~s prohibited m the grantee s workplac and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drag-fi.ce awareness progrem to inform employees about - (a) (O) (c) (d) The dangers of drag abuse in the workplace; The grantee's policy of mainlaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (O) Notify the employer in writing of his or her conviction for a violation of a criminal drag statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(o) fi.om an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one 0fthe following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any m-nployee who is so convicted - (a) Taking appropriate personnel action against such aa employee, up to and including term/nation, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying - To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Fedaml conlract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Cengress ia connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. 06/16/2003 Siguamre/Authorized Official Date City Manager Title Specific CDBG Certifications The Entitlement Commun/ty certifies that: Citizen Participation - It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan - Its consolidated housing and commtmity development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it ee~ifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall B~nefit The aggregato nsc of CDBG fimds including section 108 guaranteed loans during program year(s) ~ooa-o~, 2o~-os (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 pement of the amount is expended for activities that benefit such persons during the designated period; Rpeeial A~e~ment~ Itwillnotattempttorecoveranycapitaleostsofpublicimprovements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any mount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made againat the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit fi:om a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws - The grant will be conducted and administered in conformity with title VI of the Civil PJghts Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint - Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official City Manager Title 06/16/2003 Date APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. ]',ohhying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Dt~lg-Free Wnrk?laee t'Eertifle, aticm ' By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, I-IUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug- Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of amass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). The grantee may insect in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street ad&ess, city, couaty, state, z/p code) 10300 Torre Avenue, Cupertino, CA 95014 and any satellite offices. Check ~___ if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. Defin/tions of terms ia the Nonprocuremetu Suspension and Debarment common rule and Drug-Free Workplace common nde apply to this certification. Grantees' attention is called, ia particular, to the following definitions from these roles: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as furdier defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contend*re) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work trader a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if nsed to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors ia covered workplaces). CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM lq Summary AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Annual Renewal of Fees for Storm Drainage Nonpoint Source Program, FY 2003-2004 BACKGROUND Since 1991, the Nonpoint Source Program, mandated by the State of California and the US Environmental Protection Agency regulations, has been funded locally by attaching a storm fee to each property in the City. The fee is collected by the Santa Clara County Tax Collector and provided to the City. These funds support the City's mandated programs to prevent and enforce illegal dumping and illicit storm drain connections. The operation and maintenance of storm drain facilities (to the extent not covered by existing General Fund activities), water quality monitoring, public information and education, and regulatory revisions and related tasks are also supported by these funds. To maintain the fund as a resource it must be renewed by Council action every year to adopt the fee schedule for the ensuing fiscal year. Assessment Rate FY 2003-2004 The fees have remained the same since they were first levied in 1991. The annual fees for each property category are as follows: Category Rate per Year Single Family Town homes, Condominiums Commercial/Industrial/Apartments Unimproved/Recreation $12.00/premise $144.00/acre $36.00/acre The fee schedule when levied on all properties in the City of Cupertino generates approximately $356,000. The program has been budgeted at $355,000 for FY 2003-04. However, as noted above, because the fees have not changed over the years the funding, while remaining the same Printed on Recycled Papor [ q '~'- ( amount, has diminished in value over time from the inflation of costs. As such, while the program maintains the mandated regulatory and educational programs, most storm drain maintenance and protection is funded from the General Fund or (for new facilities) from connection fees. STAFF RECOMMENDATION Adoption of Resolution No. 03 I ~ ~ approving the renewal and collection o£ the existing storm drain fees at no increase in rates for Fiscal Year 2003-2004. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager lq -2_ RESOLUTION NO. 03-121 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE SERVICE CHARGE WHEREAS, the City Council of the City of Cupertino has previously enacted Municipal Code Chapter 3.36 for the purpose of meeting the City's federally mandated Nonpoint Source Control and Stormwater Management Program and establishing the authority for imposing and charging a storm drainage service charge; and WHEREAS, a report concerning the method of assessing an environmental fee to fund the City's nonpoint soume program was prepared by the Director of Public Works pursuant to Section 3.36.080(B) of the City's Municipal Code and filed with the City Clerk on May 20, 2003. The report, entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program", was prepared by the Director of Public Works and is dated May 19, 2003; and WHEREAS, this study was available for public inspection and review ten (10) days prior to this public hearing; and WHEREAS, the City Council of the City of Cupertino finds and determines as follows: 1. After considering the report entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Soume Pollution Program" and the testimony received at this public heating, the City Council hereby approves the report and herein incorporates it in the resolution. 2. There is a need in the City for the continuation of a storm drainage service charge to cover the costs of the federally mandated program as heretofore described, in that properties within the city will not otherwise contribute their fair share towards this program and without the availability of such storm drainage service charge, the City's general fund will be depleted. 3. The facts and evidence presented establish that there is a reasonable relationship between the need for this fee and the impacts for which this fee shall be used, and that there is a reasonable relationship between the fee's use and the properties, which are to be charged this fee. These relationships or nexuses are described in more detail in the above referenced report. 4. The amounts of the fee for each category of property, as set forth below, are reasonable amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study, which the City Council hereby approves and herein incorporates such study. Resolution No. 03-121 5. It is further determined that each and every parcel of land contained in said report will, and has received a benefit of the storm drainage system and that the charges imposed herein on each such parcel are in conformity with the benefits that such parcel has received as further described in the report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that: 1. Charge. Thc storm drainage service charge shall continue to be charged to each parcel within the city to cover the costs of the City's Nonpoint Source Control and Stormwater Management Program. 2. Use of Revenue. The revenue derived fi.om said charge shall be used solely in connection with implementing and enforcing Chapter 3.36 of the Cupertino Municipal Code entitled "Storm Drainage Service Charge." 3. Schedule of Charges. (a) Annual fees for each category of property will be assessed and collected as follows: Residential premises Apartment premises Commercial/Industrial premises Unimproved/Recreational $ 12.00/parcel $144.00/acre $144.00/acre $ 36.00/acre (b) The following public properties are exempt from, and shall not be assessed the environmental fee: Cupertino Sanitary District Santa Clara County Santa Clara Valley Water District Southern Pacific Transportation Company State of California The Santa Clara County Fire Department The City of Cupertino The Cupertino Union School District The Foothill-De Anza Community College District The Fremont Union High School District The Midpeninsula Regional Park District United States of America 2 Resolution lqo. Og-121 4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the date of its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of Jmae 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 3 CUPER TINO CiW Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM iq Summary AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Vacation of a roadway easement located at 10588/10590 Santa Lucia Road BACKGROUND The roadway easement being considered for abandonment is located at 10588/10590 Santa Lucia Road. This easement is considered excess and no longer needed by the City and the property owner has requested vacation of said easement. All utility agencies affected by the proposed vacation have been contacted and there is no objection. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 03- ! 2 2., ordering vacation of the roadway utility easement. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager DRAFT RESOLUTION NO. 03-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; 10588/10590 SANTA LUCIA ROAD WHEREAS, hearing on Resolution of Intention No. 03-096 was held on June 16, 2003, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the City to vacate the hereinafter described portion of roadway easement; that said portion of said easement is unnecessary for present and prospective public purposes. NOW, THEREFORE, BE IT RESOLVED: 1. That any and all protests of the vacation of said portion of roadway easement be and hereby are overruled and denied. 2. That that certain portion of roadway easement described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED: That the City Clerk be and hereby is instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Legal Description Easement A portion of Lot 105, as shown on the map ritled "Map of Inspiration Heights Monta Vista" filed in Book "P" of Maps, at page 13, in the ot~ice of the Recorder of the County of Santa Clara, California, more particularly described as follows: The East 5.00 feet of the West 10.00 feet of Lot 105, described as: Be~nning at a point on the North line of said Lot 105 fi'om which point the No,west comer of Lot.105 lies N 89o40'00" W 5.00 feet; thence fi'om said point ofbeQnning, continuing on the North line of Lot 105 S 89o40'00" E 5.00 feet; thence leaving said North line, South 100.12 feet, parallel with the West line of Lot 105 to a point on the South line of Lot 105 fi'om which the Southwest comer of Lot 105 lies N 89o40'00" W 10.00 feet; thence on said South line N 89040'00" W 5.00 feet; thence North 100.12 feet to the point of beg/nning, containing 500.6 square feet. Z SKETCH TO ACCOMPANY LEGAL DESCRIPTION 105881105~ SANTA LUCIA [:lOAD N 89'40'00" W 88.87' 10.00' 78.87' ~ ~5.oo 10.00' N B9'4.0'00" W 78.88' BB.88' CITY OF CUPEI INO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Summary Agenda Item No. }~ Agenda Date: June 16, 2003 Application: U-2003-02, Z-2003-01,TM-2003-01, EA-2003-03, Applicant (s): Saron Gardens, LLC. Property Location: 7310 Rainbow Drive A-E, 7308 Rainbow Drive 9 -14 and A. Application Summary: Use permit to demolish 39 existing apartment units (9 buildings) and 1 single-family residence and construct a residential development consisting of 55 single-family homes. Tentative map to subdivide 3 parcels (totaling 4.03 acres) into 55 single-family private lots and one lot held in common. A rezoning of a P(R3) - multifamily zoning district to P(Res) - Planned Residential. RECOMMENDATION The Planning Commission recommends approval of: 1. Mitigated Negative Declaration, file number EA-2003-03 2. Tentative Map, file number TM-2003-01 3. Rezoning application, file number Z-2003-01 4. The Use Permit application, file number U-2003-02, in accordance with the Planning Commission resolutions No. 6187, 6188, 6189 Project Data: General Plan Designation: Zoning Designation: Project Consistency with: General Plan: Zoning: Residential Low / Residential Med/High. R1-6 / P(R3). Yes. Yes. Environmental Assessment: Mitigated Negative Declaration Saron Gardens June 19, 2003 Applications: U-2003-02, Z-2003-01, TM-2003- 01, EA-2003-01 Page 2 BACKGROUND Prometheus is proposing to demolish nine buildings on the current Saron Garden Apartment Site on Rainbow Drive and one single-family house on an adjacent lot. The nine buildings consist of 39 residential apartment units along with 6 carports and a swimming pool. In place of the buildings, 55 new single-family detached homes are being proposed on the site along with a public pedestrian pathway/emergency access drive and a village green area near the center of the project. The applicant is also proposing to subdivide the project site into 56 lots (one lot being the shared common/access area) to facilitate the newly proposed homes. The project takes on a town home style development in terms of functionality and parking utilization; however a conscious effort was made to design the homes so that they are detached individual single-family homes instead of attached town houses. Prior to the Planning Commission hearing, Prometheus held five neighborhood meetings. The first two meeting were held at the conceptual stage, while the next four meetings were held after the formal application submittal. The Planning Commission heard this item on May 12, 2003 and directed the applicant to address concerns raised by the Saron Gardens residents relating to the proposed relocation program, school impacts and building setbacks. The Commission recommended approved the project 4-0 (one member was absent) on May 27, 2003. Overall, the Commission was pleased with the project in terms of architectural/site design and the community outreach efforts by the applicant. DISCUSSION Site Analysis The project site is located in a residential neighborhood surrounded by 4-plex apartments along the northerly property line and single-family residential homes along the westerly and majority of the southerly property lines. The project parcel shares a portion of its southerly boundary with a commercial nursery (Yamagami's) located along the southeasterly corner of the site. The subject site has frontages both on Rainbow Drive and Poppy Way. The only vehicular access to the development is off of Rainbow Drive. The project provides a 12-foot wide emergency vehicle and pedestrian access drive off of Poppy Way. This emergency access corridor will be partially paved with turf blocks. The turf block path will appear to be a lawn area while satisfying Fire Department standards in terms of supporting emergency vehicle loads. SaronGardens June 1~ 2003 Applications: U-2003-02, Z-2003-01, TM-2003- 01, EA-2003-01 Page 3 The access corridor also serves as a public pedestrian path providing access from the existing Poppy Way neighborhood to the center of the project (village green park) and eventually out to Rainbow Drive. The pedestrian path will be available to the public at all times and is considered a desirable element that enhances neighborhood connectivity while eliminating cut through traffic. Only the two larger single-family homes will gain vehicular access off of Poppy Way consistent with the development patterns on Poppy Way. A main feature of the development will be the Village Green Park (consisting of approximately .16 acres) located near the center of the project, with 14 residential units facing directly onto the park. The village green will be a public common open space for the 55 proposed homes with a built in sand play area, two picnic benches/tables, two' sitting benches and a large lawn area. 8 of the units will face Rainbow Drive. The remaining 31 units will face onto the interior street system with the two larger R-1 single-family lots fronting onto Poppy Way. The private streets separate the units by approximately 20 to 22 feet. With the exception of 5 units (type B), most of the units will have front entrances from several interior courtyard areas (or village green) with the garages open onto the interior streets. Only 5 units (type B) will have both the front entrance and the garage open onto the interior streets. Decorative pavers are used on the front entry drives and the southerly interior street to add more interest and further delineate the proposed pedestrian path across the project. Architectural Design According to the project architect, the major focus in the design of this development is to employ a "bay area cottage" vernacular style. There has been a consistent effort to reduce the scale and apparent height of the houses by means of detailing and through the use of dormers, porches, trellis, stone bases and horizontally banded windows. A conscious attempt has been made to avoid the "mini-mansion" approach, which tends to combine too many materials and emphasizes vertical, rather than horizontal proportions. The applicant has worked extensively with staff and the City's architectural consultant in designing the project. Therefore, staff is in support of the project architecture. Please refer to the attached plan set and color renderings for further details on the design of the units. Traffic & Parking Traffic Impacts - The project was reviewed for traffic impacts based on a report prepared by Fehr & Peers on March 24, 2003. The report considered the net-trip generation of the project, site access and the potential impacts on adjacent intersections. The report Saron Gardens June 19, 2003 Applications: U-2003-02, Z-2003-01, TM-2003- 01, EA-2003-01 Page 4 determined that there will be no significant traffic impacts. The traffic report was reviewed and approved by the Public Works Department. Parking - The City's Parking Ordinance does not have a classification for the proposed detached small lot single-family development that functions similar to a town home development. In the past, staff had required projects to provide a parking survey of similar projects from neighboring cities when an exception is warranted. The applicant submitted a parking survey from Fehr & Peers (dated May 1, 2003), indicating that the proposed parking ratio of 2.8 stalls per unit is on par with parking requirements of similar density products in other jurisdictions. In addition, the parking analysis surveyed the actual guest parking demands at six selected residential projects. On average, the actual guest parking demand for the six sites is 0.47 spaces per unit that further provides evidence that the proposed 0.8 guest space per unit is adequate. The parking arrangement for the two regular single family homes (Type P) complies with the regular parking requirements for single family homes, which are 2 covered stalls and 2 uncover off-street parking stalls. Below Market Units According to the General Plan Policy 3-8, the City's existing multi-family rental units provide housing opportunities for household of various income levels. Therefore in general, the existing multi-family units should be preserved to the maximum extent possible. In the event that a proposed development or redevelopment of a site causes a loss of multi-family units, the City must require mitigation measures to offset the impacts. Although the project will be increasing the total amount of housing units by 15 units on the project site, 39 existing apartment units and one single-family home will be demolished. As a mitigation measure, 20% (3 units) of the 15 additional units must be below market rate units which is 5% more than what the City normally requires (15%) in order to offset the low income housing that are being displaced as part of this project. Relocation Assistance Program In addition to the BMR requirement, the project is required to provide a relocation program with provisions to assist the relocation of existing apartment residents to other comparable units within the Cupertino Union School District boundary or Santa Clara County at the tenants option. Saron Gardens June 19, 2003 Applications: U-2003-02, Z-2003-01, TM-2003- 01, EA-2003-01 Page 5 The final version (dated May 22, 2003) of the proposed relocation program is summarized as follows: Resident Relations Manager: Prometheus will have a resident relations manager on-site prior to the start of construction to work with and assist the residents during the relocation period. The manager will assist residents to relocation to another project by providing information such as apartment listings, moving company listings, and information on how to qualify for BMR units. Early Notification: Prometheus will meet with residents prior to completing the entitlement process to provide an overview of the project plans and timeline. This early notification will allow residents to prepare and be organized for their relocation. In order to provide residents adequate time to find alternative housing, Prometheus will notify each resident with at least 60 days notice in advance of the required move out date. Refund Deposits: Prometheus will refund the security deposits at the time of the move-out at the leasing office and waive all cleaning charges so long as the following criteria are met: rent must be current, apartment must be vacated on or before their scheduled move-out date, all personal belongings removed form the site, apartment is free from debris, and fixtures of the apartment are not removed. In addition, dumpsters will be provided to facilitate the disposal of resident's debris from the property. Relocation Allowance: At move-out, each resident will be provided with a lump sum relocation allowance equal to three times the monthly rent being paid by that resident at the time of relocation. Dispute Resolution: In the event that a dispute arises regarding the implementation of this program, the dispute shall be resolved through mediation. Environmental Review The Planning Commission recommended a Mitigated Negative Declaration with mitigations related to traffic, parking, landscaping, drainage, BMR units and relocation plan. The mitigations are included in the project or incorporated into the conditions of approval. Saron Gardens June 19, 2003 Applications: U-2003-02, Z-2003-01, TM-2003- 01, EA-2003-01 Page 6 PLANNING COMMISSION ISSUES As mentioned earlier, on May 27, 2003, the Planning Commission reviewed and recommended approval of the project. Overall, they were pleased with the development plan. Concerns raised and addressed at the meeting are listed below: · Relocation Assistance Program - The Saron Gardens residents originally had concerns regarding the relocation assistance package proposed by the applicant. However, the applicant worked extensively with the residents to revise the relocation program and have resolved the concerns. Staff received a petition from the Saron Gardens Resident Association in favor of the latest version of the relocation assistance program date May 22, 2003 (see attachment). School Impacts- Concerns were raised at the Planning Commission meetings regarding the project impacting children residing at the Saron Gardens Apartments attending Cupertino Schools (Regnart Elementary, Kennedy Jr. High, Monta Vista High School). Staff and the applicant met with the representatives of the Cupertino School Districts (Cupertino Union and Fremont Union) on May 19, 2003. The purpose of this meeting was to find out if the school districts could allow the existing student residents of Saron Gardens to be grandfathered into their current schools (Regnart, Kennedy and Monta Vista) in the event that they move to a new residence outside of the school district boundary. Overall, the School Districts are in favor of this project since it will help generate additional funding from the State and from the developer's fees. The District did confirm again that the project would not have a significant impact on the school system. On the notion of the Districts allowing students to finish out their remaining academic career (from elementary through high school) in their current district even after they move outside of the district, the Districts did point out that they cannot offer special treatments to Saron Garden residents that otherwise wouldn't be available or offered to any other residents in the same school districts. However as a common practice, the Districts could accommodate students if the proposed project allows the residents to reside at Saron Gardens past December of 2003; then the existing elementary students attending Regnart Elementary School will be allowed to finish out the 2004 school year at Regnart. This concept would also apply to all of the existing high school seniors at Saron Gardens currently attending Monta Vista High School. Unfortunately Kermedy Middle School is already over capacity (with a long waiting list) and will not be able accommodate the students if they move out of the district. The School District wanted to emphasize that all of the schools in the Cupertino Union and Fremont Union Districts are outstanding schools that may only differ in the degrees of excellence. A condition has been added that requires Prometheus to do everything within reason to accommodate residents with children attending schools so that they can continue to live in the same school assignment area. Saron Gardens June 19, 2003 Applications: U-2003-02, Z-2003-01, TM-2003- 01, EA-2003-01 Page 7 Building Setbacks - Several single-family homeowners suggested at the Commission meeting that the side yard setback for some of the Type N units located along the southwest corner of the project site be increased from 10 feet to 20 feet to further alleviate privacy and visual impacts. The applicant restudied the site plan and came up with an alternative design that allows two of the Type N units to have 20 feet side yard setbacks. By doing so, the project gained two additional parking stalls, and one of the interior drives along the northerly property line was deleted. The Fire Department has reviewed and approved the revised site layout. Staff is in support of this revision. SUBMITTED~Y: Steve Pmseck~, Director of Community Development APPROVED BY: David W. Knapp, City Manager ENCLOSURES Planning Commission Resolution No. 6187, May 27, 2003 Planning Commission Resolution No. 6188, May 27, 2003 Planning Commission Resolution No. 6789, May 27, 2003 Ordinance No. 1920 Staff report for the Planning Commission public hearing, May 27, 2002 Staff report for the Planning Commission public hearing, May 12, 2003 Planning Commission minutes, May 12, 2003 Planning Commission minutes, May 27, 2003 Letter Received by the Saron Gardens Resident Association with revised Relocation Program, May 22, 2003 Letter from the Residents of Saron Gardens Association, May 27, 2003 Revised Zoning Plat Map Plan set Color Renderings G:\ Planning\ PDREPORT\ CC\ U-2002-03cc.doc /4 -0 DRAFT ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING THREE PARCELS TOTALING 3.92 GROSS ACRES PARCEL FROM P (R3) OR PLANNED DEVELOPMENT WITH MULTI-FAMILY RESIDENTIAL USES AND R1 OR SINGLE FAMILY RESIDENTIAL TO P(RES) OR PLANNED DEVELOPMENT WITH RESIDENTIAL USES WHEREAS, an application was received by the City (Application no. Z-2003-01) for the rezoning of properties to P(Res); and WHEREAS, the rezoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A and Exhibit B as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and Exhibit B is hereby rezoned to P(Res) or Planned Development (Residential Use); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 16th day of June 2003 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino TM-2003-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6187 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 4.03- ACRE PARCEL INTO 55 PARCELS AND ONE COMMON PARCEL AT 7310 RAINBOW DRIVE A-E and 7308 RAINBOW DRIVE 9-14 and A. SECTION I: PROIECT DESCRIPTION Application No.: Applicant: Location: TM-2003-01 Prometheus 7310 Rainbow Drive SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. f) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Resolution No. 6187 TM-2003-01 May 27, 2003 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application 02-TM-01 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 02-TM-01, as set forth in the Minutes of Planning Commission Meeting of May 27, 2003, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the approved plans, entitled "Tentative Map", prepared by David B. Voorhies, dated 3/30/03. 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. ROAD MAINTENANCE AGREEMENT: A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The Public Works Department must approve all on and off-site improvements prior Resolution No. 6187 TM-2003-01 May 27, 2003 Page 3 to gaining approval, which includes storm drain improvements, sidewalk design, curb and gutter design and dedications along Poppy Way. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. The Public Works Department must approve all on and off-site improvements prior to gaining approval, which includes storm drain improvements, sidewalk design, curb and gutter design and dedications along Poppy Way. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 10. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 11. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify whether new storm drain facilities will be required, existing systems may need to be upgraded, or storm drainage can be maintained the same. 12. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 13. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of Resolution No. 6187 TM-2003-01 May 27, 2003 Page 4 underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 14. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 6% of Off-Site Improvement Cost or minimum $ 6% of Site Improvement Cost $3,000.00 $ 5,198.70 $1,097.75 $ 97,200.00 $2,268.00 Bonds: Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights 15. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 16. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 17. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. TM-2003-01 May 27, 2003 Resolution No. 6187 Page 5 18. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 19. NOI/NPDES PERMIT The developer shall determine if a NOI/ NPDES permit will be required for their site. Please see attached. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. /s/Ralph Quails Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 27th day of May, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll cai1 vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development G:\ Planning\ PDREPORT\RES\TM-2003-01res.doc /s/ Angela Chen Angela Chen, Chairperson Cupertino Planning Commission U-2003-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6188 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 55 SINGLE FAMILY RESIDENCES AND SITE IMPROVEMENTS ON A 4.03-ACRE PARCEL LOCATED AT 7310 RAINBOW DRIVE A-E AND 7308 RAINBOW DRIVE 9-14 and A. SECTION I: PRO|ECT DESCRIPTION Application No(s).: U-2003-02 (EA-2003-03) Applicant: Prometheus Location: 7310 Rainbow Drive SECTION II: FINDINGS FOR USE PERMIT 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 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 and Exception are 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(s). U-2003-02 Resolution No. 6188 U-2003-02 May 27, 2003 Page 2 (EA-2003-03), as set forth in the Minutes of the Planning Commission Meeting of May 27, 2003, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Saron Gardens dated June 6, 2003 including sheets A0, LO.O, C1-C8, T1, L1.1-L4.1, Al, A.A1-A.A3, A.B1-A.B2, A:C1-A.C2, A.D1-A.D3, A.N1-A.N2, A.PI~A.P3, except as may be amended by the Conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the 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. 3. FENCING & LIGHTING PLAN: The applicant shall submit a fence and lighting plan (including fencing details of the transformer along Rainbow Drive) to the Design Review Committee for review and approval prior to issuance of building permits. In order to replace the perimeter fences, proof of consent or authorization from the adjoining neighbors must be submitted to the City prior to approval. 4. DECORATIVE PAVERS: The style and type of the decorative pavers are not approved as part of this project. A revised site plan indicating the specific type and style of pavers must be submitted to the Design Review Committee for review and approval prior to final approval of the project. Pavers shall be specified as interlocking pavers or other pavement materials that looks like interlocking pavers with some water permeability. CURB & PARKWAY ALIGNMENT ON POPPY WAY: A supplemental arborist report with specific tree preservation recommendations must be submitted to the City for review and approval in order to finalize the sidewalk/curb design along Poppy Way prior to the approval of the final map. The arborist report shall consider the existing tree canopy size, grade levels and sufficient setback from the proposed sidewalk in order to ensure complete preservations of these trees. The sidewalk/parkway will be required to meander or bulb around trees #60-62 along Poppy Way and then come back in to match the existing sidewalk/parkway patterns. In the event that the two R-1 lot sizes are affected by the approved curb/parkway Resolution No. 6188 U-2003-02 May 27, 2003 Page 3 alignment, the proposed homes must be reduced in size according to the R-1 development standards. Revised plans shall be reviewed and approved by the Design Review Committee. 10. 11. 12. LANDSCAPING PLAN: A revised landscaping plan shall be submitted to the Design Review Committee for review and approval indicating the preservation of tree #58 on the site plan. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): A copy of the CC& R's for the project shall be reviewed and approved by the City Attorney prior to approval of the final map. A legal description of the side/rear yard easements proposed between homes must also be submitted to the City Attorney's Office for review and approval prior to the final map approval. PARKING RATIO: Parking ratio for the property shall be 2.83 spaces per unit (156 stalls). Two spaces per unit shall be covered. In addition, the parking ratio for the two R-1 single-family homes shall be 4 spaces per unit (8 stalls). Two spaces per unit shall be covered. SITE PLAN: A revised site plan reflecting the proposed fence recess between each homes as shown on the landscaping plan sheet L2.1 shall be submitted to the Planning Department for review and approval prior to issuance of building permits. INTERIOR GARAGE DIMENSION: The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls). STOOP HEIGHTS OF UNIT TYPE D (D1 & D2): As proposed, the entry landing leading to the front door of D units (D1 & D2) is approximately elevated 6 feet above grade that does not present a very desirable pedestrian experience. The applicant shall explore options to reduce the height of the entry stoops by breaking up the main entry stairs by adding a couple of steps at the entrance of the front yard or re-evaluate the grading plan for the project so that the ground floor/garage could be set lower in elevation in order to reduce the scale of the front stoops. Revised plans for all of the D units shall be submitted to the Design Review Committee for review and approval prior to issuance of the Final Map. TRANSFORMER: The transformer proposed along Rainbow Drive shall be screened completely out of the public view by a combination of fencing and landscaping. The fence design shall be reviewed and approved by the Design Review Committee. Alternatively, the transformer may be underground if screening from fencing and landscaping are determined inadequate. Resolution No. 6188 U-2003-02 May 27, 2003 Page 4 13. BELOW MARKET RATE UNITS: The project will be increasing the total number of housing units by 15 units on the project site. However, 39 apartment units will be demolished. As a mitigation measure, 20% (3 units) of the 15 additional units must be below market rate units consistent with the City's Housing Mitigation Policy. 14. RELOCATION ASSISTANCE PROGRAM: The project will be subjected to the approved relocation assistance program dated May 22, 2003 except as may be amended by the Conditions contained in this resolution. Prometheus shall do everything within reason to accommodate residents with children attending schools so that they can continue to live in the same school district. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT STREET INIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The Public Works Department must approve all on and off-site improvements prior to gaining approval, which includes storm drain improvements, sidewalk design, curb and gutter design and dedications along Poppy Way. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. The Public Works Department must approve all on and off-site improvements prior to gaining approval, which includes storm drain improvements, sidewalk design, curb and gutter design and dedications along Poppy Way. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. U-2003-02 May 27, 2003 Resolution No. 6188 Page 5 GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify whether new storm drain facilities will be required, existing systems may need to be upgraded, or storm drainage can be maintained the same. 9. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 10. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 6% of Off-Site Improvement Cost or $2,268.00 minimum $ 6% of Site Improvement Cost $ 3,000.00 $ 5,198.70 $1,097.75 $ 97,200.00 Bonds: a. b. C. Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. U-2003-02 May27, 2003 ResolutionNo. 6188 Page 6 -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights 12. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 13. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 14. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 16. NOI/NPDES PERMIT The developer shall determine if a NOI/NPDES permit will be required for their site. Please see attached. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. /s/Ralph Quails Ralph Quails, Director of Public Works City Engineer CA License 22046 Resolution No. 6188 U-2003-02 May 27, 2003 Page 7 PASSED AND ADOPTED this 27th day of May, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development /s/Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G:\ plannmg\PDREPORT\ RES\ U-2003432res.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 Z-2003-01 RESOLUTION NO. 6189 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE REZONING OF A PLANNED DEVELOPMENT (R3) ZONING DISTRICT TO P(RES) (PLANNED RESIDENTIAL) FOR A 55 SINGLE-FAMILY HOME DEVELOPMENT AT 7310 RAINBOW DRIVE A-E and 7308 RAINBOW DRIVE 9-14 and A. SECTION I: PROJECT DESCRIPTION Application No(s).: Z-2003-01 (EA-2003-03) Applicant: Prometheus Location: 7310 Rainbow Drive SECTION II: FINDINGS FOR ZONING PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on 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 Planning Commission finds that the subject rezoning meets the foliowing requirements: 1) That the rezoning is in cortformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land as compared to the majority of other parcels in this same district. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. Resolution No. 6189 Z-2003-01 May 27, 2003 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for change of zone is hereby recommended for approval; 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. Z-2003-01 (EA-2003-03), as set forth in the Minutes of the Planning Commission Meeting of May 27, 2003, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Zoning Plat map, dated 4/9/03. LOT LINE ADJUSTMENT A lot line adjustment shall be submitted to and approved by Cupertino staff. PASSED AND ADOPTED this 27th day of May, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development /s/Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G: I Planning \ PDREPOR T\ RES \ z-2003-01 res.doc CITY OF CUPERTINO 10300 Torte Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2003-02, Z-2003-01, TM-2003-01, Agenda Date: May 27, 2003 EA-2003-03 Applicant: Saron Gardens, LLC. Owner: Joelson 1983 Living Trust Location: 7310 Rainbow Drive A-E, 7308 Rainbow Drive 9 -14 and A. Application Summary: Use permit to demolish 39 existing apartment units (9 buildings) and 1 singledamily residence and construct a residential development consisting of 55 single-family homes. Tentative map to subdivide 3 parcels (totaling 4.03 acres) into 55 single-family private lots and one lot held in common. A rezoning of a P(R3) - multifamily zoning district to P(Res) - Planned Residential. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. The negative declaration, file number EA-2003-03; 2. The use permit application, file number U-2003-02, in accordance with the model resolution; 3. The tentative map application, file number TM-2003-01, in accordance with the model resolution; 4. The rezoning application, file number Z-2003-01, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Density: Height: Stories (Allowed): Parking: R1 (SFR) Plarmed Residential Proposed: Residential Low / Residential Med/High R1-6 / P(R3) 4.03 acres 13.64 du/gr, ac. 34'-8" 2-3 story residential (7 - 2 story units, 48 - 3 story units) Units/sq ft. 2 units 53 units Ratio Required 4/unit (2 covered 8 stalls + 2 uncovered) Not specified by the code. m (SFR) Planned Residential Total: 4 4 110 46 164 Covered spaces (garage) Driveway spaces (open) Covered spaces (garage) Guest spaces (open) Total Spaces Applications: U-2003-02, Z-2003-01, Saron Gardens May 27, 2003 TM-2003-01, EA-2003-03 Project Consistency with: General Plan: Yes Zoning: Rezoning required Environmental Assessment: Mitigated Negative Declaration BACKGROUND: On May 12, 2003, the Planning Commission considered this item and directed the applicant to meet again with the Saron Gardens Apartment residents to further discuss the issue regarding the proposed relocation assistance program. The applicant has scheduled a meeting with the residents on April 22, 2003. Since this meeting will occur after the staff report is prepared, the outcome of the meeting will be available to the Commission on its May 27, 2003 public hearing. In addition, some concerns were bought up in the May 12, 2003 Commission meeting regarding the proposed building setbacks along the southwest corner of the project adjacent to existing single-family homes, school impacts and proposed pedestrian path. These issues will be addressed in the Discussion section of this report. DISCUSSION: Revised Site Plan Several single-family homeowners suggested at the Commission meeting that the side yard setback for some of the Type N units located along the southwest corner of the project site be increased from 10 feet to 20 feet to further alleviate privacy and visual impacts. The applicant did restudy the site plan and came up with an alternative design that allows two of the Type N units to have 20 feet side yard setbacks. By doing so, the project gained 2 additional parking stalls and one of the interior drives along the northerly property Iine was deleted. The Fire Department has reviewed and approved the revised site layout. Staff is in support of this revision. The revised site plan will be available at the May 27, 2003 Planning Commission hearing. School Impacts Staff and the applicant met with the representatives of the Cupertino School Districts (Cupertino Union and Fremont Union) on May 19, 2003. The purpose of this meeting was to find out if the school districts could allow the existing student residents of Saron Gardens to be grandfathered into their current schools (Regnart, Kennedy and Monta Vista) in the event that they move to a new residence outside of the school district boundary. 2 Applications: U-2003-02, Z-200. 1, Saron Gardens May 27, 2003 TM-2003-01, EA-2003-03 Overall, the School Districts are in favor of this project since it will help generate additional funding from the State and from the developer's fees. The District did confirm again that the project would not have a significant impact on the school system. On the notion of the Districts allowing students to finish out their remaining academic career (from elementary through high school) in their current district even after they move outside of the district, the Districts did point out that they cannot offer special treatments to Saron Garden residents that otherwise wouldn't be available or offered to any other residents in the same school districts. However as a common practice, the Districts could accommodate students if the proposed project allows the residents to reside at Saron Gardens pass December of 2003, then the existing elementary students attending Regnart Elementary School will be allowed to finish out the 2004 school year at Regnart. This concept would also apply to all of the existing high school seniors at Saron Gardens currently attending Monta Vista High School. Unfortunately Kennedy Middle School is already over capacity (with a long waiting list) and will not be able accommodate the students if they move out of the district. The School District did want to emphasize that all of the schools in the Cupertino Union and Fremont Union Districts are outstanding schools that may only differ in the degrees of excellence. Staff recommends that Prometheus, as part of the relocation assistance program, do everything within reason to accommodate residents with children attending schools so that they can continue to live in the same school assignment area. This should be added to the proposed relocation assistance program. Pedestrian Path At the previous Planning Commission meeting, the applicant requested that the proposed pedestrian path be deleted from the project. In addition, some Planning Commission members had concerns regarding the proposed path going through some of the interior private streets of the project. Promoting neighborhood cormectivity is one of the goals specifically emphasized by the City Council. The project is proposing a pedestrian path that essentially connects the project with the adjacent neighborhood on Poppy Way. By keeping the interior street system private, the developer is able to yield more units. However, this does not negate the fact that new neighborhoods would still have to be open or be connected to existing neighborhoods to prevent the creation of neighborhood enclaves. Alternatively, the Planning Commission could require that the applicant revise the site plan so that ali the interior streets are public streets (consisting with public street standards) that open onto adjacent streets. As mentioned in the previous staff report, the applicant is proposing a Planned Development project. Which means that some deviations from the Ordinance are being Applications: U-2003-02, Z-20~,. ~, Saron Gardens May 27, 2003 TM-2003-01, EA-2003-03 requested as result of this project. In this case, the deviations being requested are the - -5 to ground floor City's maximum lot coverage, maximum floor area ratio, second floor ratio, ~etbacks, building articulation rules and ~substandard private streets. These deviations may not be necessarily negative as long as they can help to create a more desirable final product. In order for the City to approve a Planned Development project, the project as a package would have to offers some form of community benefits or outstanding elements that as a whole would offset the deviations being requested and produced a better product. As a package, the proposed project offers several key features or community benefits. One of these key features is the4pedestrian path that promotes neighborhood kcormectivity and pedestrian access. C~ther features or benefits of the project include outstandipg architectural/site design,~proposed open space,~relocation assistance program,~hree below market rate units and lowering of building heights along existing single-family homes. Staff is supportive of this project because of the combination of these features. Staff would recommend denial of the project if any of these features were deleted. Enclosures: Model Resolution for U-2003-02 Model Resolution for Z-2003-01 Model Resolution for TM-2003-01 Exhibit A: Selected Comparable Rental Properties, May 12, 2003 Exhibit B: Fire Department Comments, May 20, 2003 Exhibit C: Resident Relocation Assistance Program submitted by the residents of the Saron Gardens Apar~aent at the May 12, 2003 Planrd~g Commission Meeting Letter from Vera C. Scott, 1320 Flower Court, May 16, 2003 Staff report for the May 12, 2003 Planning Commission Meeting Submitted by: Gary Chao, Assistant Planner Approved by: Steve Piasecki, Director of Community Developmen~7~ G:kplannmg~PDREPORTkpcUserepor ts\ U-20g3432b.doc 4 EXHIBIT A 5/12/03 SELECTED COMPARABLE RENTAL PROPERTIES Cupertino Union School District Fremont Union High School District Saron Gardens Cupertino, CA Property 1 BR/1 BA 2 BPJ1 BA Elementary Middle High School Saron Gardens $1,000 $1,400 Regnart Kennedy Mont0~Vista 7308 Rainbow Drive (approx.) (approx.) Cupertino, CA The Gideon Apts. $980 $1,180 Regnart Kennedy Monte Vista 7411 Rainbow Drive Cupertino, CA Total Units 14 26 Las Hadas $1,200 $1,350-$1,450 Lincoln Kennedy Monte Vista 7375 Rollingdell Drive Cupertino, CA Total Units 32 96 Sahara Sands $995 $1,100- 1,295 Lincoln Kennedy Monte Vista 7373 Fallenleaf Cupertino, CA Total Units 10 l 5 McClellan Terrace $1,275 NA Lincoln Kennedy Monte Vista 7924 McClellan Rd. Cupertino, CA Total Units 12 NA Foothill Village $1,150- 1,210 $1,355 - 1,500 Stevens Kennedy Monte Vista 10330 North Foothill Creek Cupertino, CA Total Units 23 70 Glenbrook Apts. $1,095 - $1,145 $1,420-$1,500 Garden Gate Kennedy Monte Vista 10100 Mary Avenue Cupertino, CA Total Units 92 117 Property 1 B1U1 BA 2 B1U1 BA Elementary Middle I High School Rainbow Fourplexes NA $1,600 Regnart Kennedy Monte Vista 7344 - 7440 Rainbow Drive Cupertino, CA Total Units NA 32 Villa Victoria $900-$950 $1,250-$1,350 Meyeholtz Miller Lynbrook 7200 Bollinger San Jose, CA Total Units 49 30 ?ountain Park $925 $1,225 Meyerholtz Miller Lynbrook 1026 S. De Anza Blvd San Jose, CA Total Units 34 32 Grove $1,125 $1,275 Garden Gate Cupertino Homestead 20900 Homestead Rd. Cupertino, CA Total Units 20 32 Village Green $1,145 - 1,195 $1,520- 1,545 Garden Gate Cupertino Homestead 21230 Homestead Rd. Cupertino, CA Total Units 60 34 Valley Green $1,180- 1,200 $1,250- $1,400 Garden Gate Cupertino Homestead 20875 Valley Green Cupertino, CA Total Units 100 209 Villa Serra $1,150 - $1,195 $1,475 - $1,520 Garden Gate Cupertino Homestead 20800 Homestead Rd. Cupertino, CA Total Units 121 88 Property 1 BR/1 BA 2 BPdl BA Elementary Middle High School S~adow Oaks $1,025 - $1,075 $1,195 - $1225 Sedgwick Hyde Cupertino 202 Calvert Drive Cupertino, CA Total Units 100 100 Fountains $1,025 $1,200 Sedgwick Hyde Cupertino 175 Calvert Drive Cupertino, CA Total Units 95 75 Podium $1,100 - $1,350 NA Eaton Hyde Cupertino 10100 Torte Avenue Cupertino, CA Total Units 53 NA TOTAL UNITS Monte Vista 183 356 Lynbrook 83 62 Homestead 301 363 Cupertino 248 175 TOTAL 815 956 1,771 COD~SEC. FIRr. DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032 1818 (408) 378-4010 · (408/378 9342/fax) · www.sccfd.org .L~..EWEW.UM.E. 03 1062 BLDG PERMIT NUMBER CO.~,OL..MB~. EXHIBIT B FILE NUMBER DEVELOPMENT REVIEW COMMENTS SHEET NO. REQUIREMENT Review of a revised site plan reflecting a shift in two building clusters with a minimal roadway relocation. The relocation of the buildings and roadway are noted. No fire department conditions of this submittal. All previous conditions are still in effect. City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE AppllcantName DATE PAGE CUP [] [] [] [] [] PROMETHEUS 5/20/2003 1 o~1 SECJFLOOR ARTA LOAD DESCRIPTION BY Commercial Development Hokanson, Wayne SARON GARDENS LOCATION Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills. Los Gatos, Monte Sereno, Morgan Hill. and Saratoga Planning Commission and City Council City of Cupertino Cupertino CA 95014 EXHIBIT C Residents of Saron Gardens Apts. 7308-7318 Rainbow Dr. Cupertino, CA 95014 Re: Resident relocation assistance Date: May 11, 2003 Two weeks ago we received notice fi.om Prometheus Real Estate Group of their intention to acquire our homes, evict us, and build 55 three-story densely packed single family houses. Many of us met with Jon Moss and JeffWhite a few days ago on the evening of Wednesday, May 7. At this meeting they handed out the attached "Resident Relocation Program" and we all discussed it. The plan was fairly self- explanatory except for a provision conveyed verbally that "rental assistance" would only be available to those who rented a new place at higher rent than they're presently paying. Al~er discussion many of us feel that the features of the plan offered are designed to induce smooth compliance with all Prometheus requirements. We further feel that the many conditions on receiving any assistance at all will predictably eliminate many of our forty families fi:om the program, thus saving money for Prometheus. It is proposed that forty Cupertino families be evicted fi.om their homes so that a great deal of money can be made offthe property, under permits and approvals fi.om city government. We believe it is the city government's responsibility to see that a relocation program designed for the good of the displaced families is included as a required part of the permitting process. We all live here because, for a great variety of reasons, Saron Gardens has been the best place for us. To be forced to f'md somewhere else to live brings up all manner of issues in our lives. It is a great stress for us. For all of us it involves costs, hard choices, and compromises in our lives that are not compensated or addressed by the proposed relocation program. The resulting disruption may lead people to choices that do not involve immediate leasing of another more expensive rental in Santa Clara County, thus rendering them ineligible for the biggest part of the assistance. Also the opportune moment to make the move may not be in the final sixty days which will begin when Prometheus decides. The prudent residents will begin seeking a new situation as soon as permits are approved and the property changes hands, or even before. Another issue for residents is the spreading out of relocation compensation payments over the following year. The Prometheus method requires that we submit copies of our neW rental agreements and wait patiently and hopefully for our promised checks. We would have no clear legal recourse should they not come. It puts us in a position comparable to that of welfare recipients. At a later time we will be living separately and each have all the power of a single person faced with a multi-million dollar corporation and its own house lawyers. At that point all we would be able to do is come to the door with hat in hand and say "please". For these reasons we ask that you write into the permitting process a new relocation program, mandatory to Prometheus, with the following provisions: 1. Relocation assistance will be provided in a per unit lump-sum payment, the amount of which is based solely on present rent paid. Payment is to be due upon presentation of keys in accordance with the tenant's present rental agreement with Saron Gardens. All tenants presently renting at Saron Gardens are eligible and can move out at any time beginning now without sacrificing eligibility. Along with this payment will come payment of all outstanding tenant deposits made to Saron Gardens. Tenants with existing leases can end their lease early if they so desire. There are to be no conditions on how the relocation assistance money is used. Completion of these payments will then end the relationship between the resident and Prometheus, with no further worries or mediations required. 2. Residents may not be rendered ineligible for assistance based on a small tecknical violation of any of a multitude of conditions. In particular conditions of removal of personal belongings, having unit free from debris, and all fixtures intact provisions are susceptible to abuse and must be eliminated. Tardiness in move-out due to hardship may reduce the allocated assistance as mediated by a third party without automatically ending all eligibility. 3. The issue of removing personal belongings and debris from premises about to be bull-dozed should be handled by Prometheus through the provision of all the free debris box service residents need to facilitate their move. Hitherto with one family moving out at a time this problem has been handled by existing dumpster service. This will not be adequate in the last sixty days. Requiring 40 families to get all discards to the dump themselves imposes an unreasonable burden. 4. One major concern for many of us is the continuity of our children's education at Regnart, Kennedy and Monta Vista. We ask the city, in cooperation with the Fremont Union High School District and the Cupertino Union School District, to guarantee the right of our children currently in these schools or scheduled to begin this fall to continue in their present schools and system until high school graduation. The obvious item missing thus far is the amount of assistance to be offered.. The plan offered by Prometheus, for those they consider completely eligible, would be $500 for moving, and up to $2,700 in rental assistance, for a total of $3,200. This amount must be viewed as a ceiling rather than a straight-on offer because many residents would end up not qualifying in whole or in part due to the structure of conditions in which the offer is framed. Predictably, this will greatly reduce the total payout Prometheus will make. We propose for the lump-sum relocation assistance payment described in point number one above a sum in the amount of three times the existing Saron Gardens rent for the unit. Based on the average of $1,500 rent per unit this would mean an average of $4,500 per unit for a total of about $180,000. This may seem like a lot of money. However this is a large project in which a lot of money will be made. We are the people to be put out and distressed so that this can happen. A decent and respectful compensation plan for us is a normal and proper expense. At the May 7 meeting, Mr. Moss told us that the new units across Rainbow Drive from us have successfully sold for $650,000 each. He characterized the project they have in mind here would be higher quality and of a nicer, less dense layout. Also these units would not be practically hanging over the freeway as those are. So for round purposes we guess a price tag of $800,000 per unit. This would produce a gross income for the project of 44 million dollars. The compensation plan we propose constitutes about four tenths of a percent (.41%) of this figure. We ask the City of Cupertino to act on our behalf to ensure that this plan be made a condition required for Prometheus to receive permission to pursue this project. We ask that it be done in a way that enforcement will not be a problem for us. We will be happy to meet to discuss this further. We thank you for representing us as our law-makers. Resident Relocation Program For Saron Gardens Redevelopment April 29, 2003 Prometheus is seeking approval to redevelop the existing Saron Gardens Apartments into 55 detached single-family homes. Saron Gardens Apartments includes nine apartment buildings, one house, on-grade parking, a swimming pool and a small open space. There are 39 apartments and l single-family house on the property. Prometheus values its residents and wants to keep them informed about the proposed project. In order to make the transition as smooth as possible for the residents, Prometheus has prepared this Resident Relocation Program. The Program includes the elements explained below. Resident Relations Manager Prometheus will have a Resident Relations Manager on-site prior to the start of construction to work with and assist the residents during the relocation period. The Resident Relations Manager will be able to proactively work closely with residents to provide information and quickly respond to resident issues, h~formational resources such as apartment listings, moving company listings, and information on how to qualify for BMR units will be made available to residents. Prometheus greatly values it customers and wants to make sure their needs are met and their issues are resolved. Early Notification Prometheus will meet with residents prior to completing the entitlement process to provide an overview of the project plans and timeline. Prometheus also plans on communicating with residents regularly regarding the specific details of the proposed project after the entitlement process. During this early notification process, the Resident Relations Manager will work closely with residents to provide specific information about other apartments in the area, moving supplies, truck rental, moving companies, and storage facilities. This early notification will allow residents to prepare and be organized for their relocation. In order to provide residents adequate time to find alternative housing, Prometheus will notify each resident with at least 60 days notice in advance of the required move out date. Residents who move from the project during this 60-day period to another rental property within Santa Clara County, will receive a refund of their deposit, a moving allowance and rental assistance as outlined below. Refund Deposit Prometheus wants to refund security deposits to residents as quickly as possible. A check for the security deposit will be available at the leasing office on the scheduled move-out date. Prometheus will refund security deposits at the time of move-out, so long as the following criteria are met: rent must be current, apartment must be vacated on or before their scheduled move-out date, all personal belongings removed from the site, apartment is free from debris, and fixtures of the apartment are not removed. Provided the previous criteria are met, the deposit check will be given to the resident when they retum their keys to the leasing office, as opposed to being mailed within 21 days. In addition, if the previous criteria are met, Prometheus will waive cleaning charges. Moving Allowance We recognize our residents will be incurring moving expenses. In an effort to assist our residents, Prometheus will provide a $500 moving allowance per apartment. Any residents who have special needs that affect their ability to move will receive a moving allowance not to exceed $1,000. The moving allowance check will be given to the resident along with their deposit when they tatum keys to the leasing office provided they have met the criteria addressed in the above Refund Deposit section. Rental Assistance In order to ensure that residents do not incur significantly higher rental expenses for the first year after they relocate, Prometheus will provide rental assistance. In order to qualify for rental assistance, the resident would need to relocate to another rental property within Santa Clara County within the 60-day notice period described in the Early Notification section of this program and provide a copy of their lease. The rental assistance to be provided to the residents would be as follows: · For months one through six after relocation from the property, Prometheus will pay for up lo 20% of the prior rent at Saron Gardens. · For months seven through twelve after relocation from the property, Prometheus will pay for up to 10% of the prior rent at Saron Gardens. The rental assistance shall be paid on the schedule required by the resident's lease at the relocated property. Dispute Resolution In the event that a dispute arises regarding the implementation of this program, the dispute shall be resolved through mediation. The City of Cupertino and Prometheus will mutually agree upon the selection of the mediator. We, the undersigned residents of Satori Gardens Apts. endorse the attached letter of May 11, 2003 to the Planning Commission and City Council of our City of Cupertino. This letter speaks for us. Print Name Name xZ2 ~4~q~x,'k~-, - ~ - · l'o ~,. 4.'-? Address '-,.~ ~ ,:, ~ :t~ ~'~ .... ~ .... > Phone t 9 Print Name Address Phone Signature Print _Address Phone Print },lame Address Phone Signature We, the undersigned residents of Saron Gardens Apts. endorse the attached letter of May 11, 2003 tO the Planning Commission and City Council of our City of Cupertino. This letter speaks for us, Print Name Phone Print Address Print Address . ~l~ Phone Prin__.3t Address ?..~,g .$1~ Signamre ~ We, the undersigned residents of Saron Gardens Apts. endorse the attached letter of May 11, 2003 to the Planning Commission and City Council of our City of Cupertino. This letter speaks for us. Print Name Address Phone Signa~re Print Name Address Phone Signature Pr'mt Name ~- OM Address ~ ~3 10 ~ Phone Address Phone Signatme Address Signature We, the undersigned residents of Saron Gardens Apts. endorse the attached letter of May 11, 2003 to the Planning Commission and City Council of our City of Cupertino. This letter speaks for us. Print Name Address Print Nme Address Phone Sigaature Print ~ . · · Name /~,,~ tt,.~, 1.5~ ',2,~ - Address q3~ ~ G~,'"~,-,~ ~",+ Phone (l~.~?,) 255 '~ Signature /~,~ ~,~ NamePrint Phone l' -~' Signa~re We, the undersigned residents of Saron Gardens Apts. endorse the attached letter of May 11, 2003 to the Planning Commission and City Council of our City of Cupertino. This letter speaks for us. Print Name ~O.~q Address ~/3o£ Phone /q'O~ Print 'I~ II Name ~hone Signature Print Print Phone Signature Print Name _Address Phone Signature Steve Piasecki Director of Community Development Cupertino, CA May 16, 2003 Mr. Piasecki: This is to let you know that I will be unable to attend the next meeting of the Planning Commission because I plan to visit my family in Germany. I have planned this trip for many months and I don't see how I can change my plans. So I ask for your help to let the Planning Commission know why I am not attending the meeting on May 27, 2003. I am vitally interested in the outcome of their decisions and I am sure you can understand my concerns. Sincerely, Vera C. Scott 1320 Flower Court Cupertino, CA 95014 Vera C. Scott 1320 Flower Ct. Cupertino, CA 95014 May12,2003 Thisisin regard tothe proposed developmentofthe property locatedat 7310 Rainbow Drive, Cupe~ino. I have talked repeatedly to the representatives of Prometheus and have always maintained that the density of the project is too overwhelming. I am especially upset that the setback behind my property will be only 10 feet. The representatives of Prometheus told me that they were planning to plant trees like Fern Pines which come in 24' boxes and should be fast growing. But with a 10 foot setback it seems questionable that future owners would be able to maintain large trees in their minimum backyards. So I hope the setback can be changed to 20 feet. We also discussed the windows in the 2 story houses and I was told that the master bedroom windows would overlook my property. Now I am asking the Planning Commission to require the developer to do 3 things as condition of approval of the Use Permit: 1) Maintain a 20 foot building setback along my property line. 2) Require 24' box specimen Fern Pines along my property line and 3) Require all 2nd stow windows facing my property to be high clerestory windows only. CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2003-02, Z-2003-01, TM-2003-01, Agenda Date: May 12, 2003 EA-2003-03 Applicant: Prometheus Owner: Joelson 1983 Living Trust Location: 7310 Rainbow Drive A-E, 7308 Rainbow Drive 9 -14 and A. Application Summary: Use permit to demolish 39 existing apartment units (9 buildings) and I single-family residence and corrstruct a residential development consisting of 55 single-family homes. Tentative map to subdivide 3 parcels (totaling 4.03 acres) into 55 single-family private lots and one lot held in corrrmon. A rezoning of a P(R3) - multifamily zoning district to P(Res) - Planned Residential. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. The negative declaration, file number EA-2003-03; 2. The use permit application, file number U-2003-02, in accordance with the model resolution; 3. The tentative map application, file number TM-2003-01, in accordance with the model resolution; 4. The rezoning application, file number Z-2003-01, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Density: Height: Stories (Allowed): Parking: R1 (SFR) Plmmed Residential Proposed: R1 (SFR) Planned Residential Total: Residential Low / Residential Med/High R1-6 / P(R3) 4.03 acres 13.64 du/gr, ac. 34' -8" 2-3 story residential (6 - 2 story units, 49 - 3 story units) Units/sq ft. 2 units 53 units Ratio Required 4/unit (2 covered 8 stalls + 2 uncovered) Not specified by the code. 4 4 106 44 158 Covered spaces (garage) Driveway spaces (open) Covered spaces (garage) Guest spaces (open) Total Spaces Applications: U-2003-02, Z-20v3-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 Project Consistency with: General Plan: Yes Zoning: Rezoning required Environmental Assessment: Mitigated Negative Declaration BACKGROUND: Prometheus is proposing to demolish nine buildings on the current Saron Garden Apartment Site on Rainbow Drive and one single-family house on an adjacent lot. The nine buildings consist of 39 residential apartment units along with 6 carports and a swimming pool In place of the buildings, 55 new single-family detached homes are being proposed on the site along with a public pedestrian pathway/emergency access drive and a village green area near the center of the project. The applicant is also proposing to subdivide the project site into 56 lots (one lot being the shared common/access area) to facilitate the newly proposed homes. The project takes on a town home style development in terms of functionality and parking utilization, however a conscious effort was made to design the homes so that they are detached individual single-family homes instead of attached town houses. In preparation for this application, Prometheus held five neighborhood meetings. The first two meeting was held at the conceptual stage, while the next four meetings were held after the formal application submittal. Details of the neighborhood meeting will be addressed in the neighborhood meeting section of this report. DISCUSSION: This report will summarize this project's conformance with the General Plan followed by an overview of the neighborhood meeting, site analysis, architecture, tree removal, traffic, parking, school impacts, below market units and relocation assistance program. GENERAL PLAN: The project conforms to the General Plan use, height and density regulations. The General Plan designations for the subject site are Residential Low and Residential Med/High. Currently a small portion of the project site along Poppy Way is in the Residential Low designation. The project proposes two larger single-family homes conforming to the R-1 Ordinance in this area. However there will also be some overlapping of higher density detached single-family homes (11 homes) proposed in the Residential Low area. This is consistent with the General Plan Policy 2-79 where it recognizes that the actual gross dwelling unit density may be slightly different if the properties reflect the general development character of neighboring properties. The proposed project is consistent with the general development character of neighboring properties. The rest of the higher density detached homes are located in the Residential Med/High area. 2 Applications: U-2003-02, Z-20v6-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 ZONING: Portion of the property is currently zone P(R3) - multifamily residential and will be rezoned to P(RES) - planned development residential. The remaining area will remain R-1 which facilitates the two larger (lower density) single-family homes along Poppy Way. Exhibit G contains the plat map and legal description required for the rezoning. The rezoning is consistent with the General Plan discussed earlier. NEIGHBORHOOD MEETING: Below is a summary of the concerns raised in severaI of the neighborhood meetings (please note actions by the applicant or by staff are explained below each concern): · Height of homes immediately adjacent to existing single-family homes. Response: Five units (plan N) that are immediately adjacent to neighboring single-family homes have been lowered to 2 stories in response to the neighbors concerns. Privacy impacts. Response: All the homes adjacent to existing single family homes will be required to comply with R-1 privacy protection planting requirements as a condition of the project. In one specific instance, a site line analysis was prepared in order to demonstrate to one residential neighbor that there will be no immediate views from her back yard to the proposed three story homes. Preserving perimeter trees. Response: Almost all of the perimeter trees are saved with the exception of those that are either in bad condition or hindering the site plan. Vehicular or pedestrian access from Poppy Way. Response: Only the two single-family homes fronting on Poppy Way will have vehicular access from Poppy Way. The remaining 53 small lot single family units take access from Rainbow Drive. Emergency vehicles and pedestrians will be able access the site from an emergency access/pedestrian easement off of Poppy Way. Providing neighborhood connectivity between existing neighborhoods with new projects is a desirable element. Impact of the construction activities on the adjacent nursery. 3 Applications: U-2003-02, Z-2O.,.,-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 Response: The project will be required to adhere to the City's limitation on construction hours according the Municipal Code. In addition, the project must utilize Best Management Practices (BMP's) as required by the State Water Resources Control Board in regards to specific dust control measures and construction site management practices minimize impacts both on the environment and the adjacent neighbors. Since the project site is not located in a hillside area, the construction activities are not limited to certain period of the year. SITE ANALYSIS: The project site is located in a residential neighborhood surrounded by 4-plex apartments along the northerly property line and single-family residential homes along the westerly and majority of the southerly property lines. The project parcel does share a portion of its southerly boundary with a commercial nursery (Yamagami's) located along the southeasterly corner of the site. c~, ~'.'_-'.7~ SARON GARDENS The subject site has frontages both on Rainbow Drive and Poppy Way (see above site plan). The only vehicular access to the development is off of Rainbow Drive. The project provides a 12-foot wide emergency vehicle and pedestrian access drive off of Poppy Way. This emergency access corridor will be partially paved with turf blocks. The turf block path will appear to be a lawn area while satisfying Fire Department standards in terms of supporting emergency vehicle loads (see exhibit C). The access 4 Applications: U-2003-02, Z-2bvo-01, Saron Gardens May 12, 2003 TM-2003-0 l, EA-2003-03 corridor also serves as a public pedestrian path providing access from the existing Poppy Way neighborhood to the center of the project (village green park) and eventually out to Rainbow Drive. The pedestrian path will be available to the public at all time and is considered a desirable element that enhances neighborhood connectivity while eliminating cut through traffic. Only the two larger single-family homes will gain vehicular access off of Poppy Way consistent with the development patterns on Poppy Way. A main feature of the development wi11 be the Village Green Park (consisting of approximately .16 acres) located near the center of the project with 14 residential units facing directly onto the park. The village green will be a public common open space for the 55 proposed homes with a built in sand play area, two picnic benches/tables, two sitting benches and a large lawn area. 8 of the units will face Rainbow Drive. The remaining 31 units will face onto the interior street system with the two larger R-1 single-family lots fronting onto Poppy Way. The private streets separate the units by approximately 20 Jo 22 feet. The site plan has been reviewed and recommended for approval by the Fire Department. With the exception of 5 units (type B), most of the units will have front entrances from several interior courtyard area (or village green) with the garages open onto the interior streets. Only 5 units (type B) will have both the front entrance and the garage open onto the interior streets. Decorative pavers are used on the front entry drives and the southerly interior street to add more interest and further delineate the proposed pedestrian path across the project. The applicant did not provide staff with the specific type or style of decorative pavers used in the project. A revised site plan indicating the type of pavers must be submitted to the Design Review Committee for review and approval at a later date. Staff recommends the pavers be specified as interlocking pavers with water permeability. Likewise, the applicant did not provide information on any of the proposed new perimeter fencing design and site lighting details therefore they are not part of this approval. The applicant is required to submit a fence and lighting plan (including fencing details of the transformer) to the Design Review Committee for review and approval prior to issuance of building permits. The applicant is aware of the fact that in order to replace the perimeter fences, proof of consent or authorization from the adjoining neighbors must be submitted to the City. ARCHITECTURE: According to the project architect, the major focus in the design of this development is to employ a "bay area cottage" vernacular style. There has been a consistent effort to reduce the scale and apparent height of the houses by means of detailing and through 5 Applications: U-2003-02, Z-2b,,J-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 the use of dormers, porches, trellis, stone bases and horizontally banded windows. A conscious attempt has been made to avoid the "mini-mansion" approach, which tends to combine too many materials and emphasizes verticality, rather than horizontal proportions. The cottage style in the Bay Area evolved with influences imported from Cape Cod and East Coast Victorians, as well as the Craftsman and Mission Revival styles. The harmonious interaction of these various types can be seen in the older neighborhoods of Berkeley, Oakland and Palo Alto, where closely spaced dwelling achieve diversity while maintaining an over unity. A limited palette of materials is employed, consisting primarily of cement piaster and lap siding, with dormers and "loggias" at the top story defined by board and batten siding; cultured stone base; and either composition shingle or cement shake roofs. A matrix of colors and materials has been developed which, when applied to each house, will subtly alter the perception of style. Specifically, the A2 and C2 houses fall into a Craftsman vernacular, the D2 houses evoke the Mission Revival style, while the Al, C1, D1, N and B are defined with elements of the Cape Cod and Victorian, combined with touches of the Craftsman style, depending on the finish materials and colors applied to the individual house. Please refer to the following color renderings of each of the unit styles (in the order of appearance in the staff report) for detailed illustrations: REAR SIDE FRONT SARON GARDENS A2 ELEVATIONS 6 Applications: U-2003-02, Z-2O~,.,-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 REAR FRONT SARON GARDENS C2 ELEVATIONS REAR SIDE FRONT SARON GARDENS D2 ELEVATIONS Applications: U-2003-02, Z-20,~o-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 REAR SIDE FRONT SARON GARDENS A1 ELEVATIONS REAR FRONT SARON GARDENS D1 ELEVATIONS 8 Applications: U-2003-02, Z-20,,~-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 REAR FRONT SARON GARDENS C1 ELEVATIONS N FRONT B FRONT SARON GARDENS B N ELEVATIONS 9 Applications: U-2003-02, Z-20v.~-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 The P houses, in the R1 zone along Poppy Way, are stylistically similar to the rest of the community but have been adapted to respond and to be compatible with the existing residences in the neighborhood. The P units are consistent with the City's Single Family Design Guidelines and the R1 ordinance. FRONT ELEVATIONS FRONT ELEVATIONS 10 Applications: U-2003-02, Z-20~,.~-0I, Saron Gardens May 12, 2003 TM-2003-O1, EA-2003-03 All of the houses that front onto the village green park and Rainbow Drive have an entry arbor element at the front yard to further delineate each individual unit entrances and reduce the apparent scale and height of the units (please Diagram 1). Diagram 1 In addition, double arched trellises are placed at several key entrances of the courtyards leading to the interior units (please see Diagram 2). Diagram 2 11 Applications: U-2003-02, Z-20~-01, Sar0n Gardens May 12, 2003 TM-2003-01, EA-2003-03 Staff recommends that two additional double arched trellises be placed at the entrance of the courtyard between tract 21 & 22 and tract 25 & 26. This is added as a condition of the project. Originally staff and the City's Architectural Consultant shared concerns regarding the original entry scales, apparent heights of the homes and the street side elevations of the corner units. However, the project architect has worked extensively with staff to address these issues. Efforts have been made to most of the unit types reduce the entry heights and additional detailing (i.e., trellis, porch, arbor, stone base and variations of wall sidihgs) has been enhanced to address the apparent building heights. Additional architectural detailing has also been added to the side elevations of each of the end units (unity type A1 & D2) to the satisfaction of the City's Architectural Consultant. However, staff included a condition requiring the applicant to restudy the porch (stoop) heights of the D units (D1 & D2) to lower their heights. Revised plans for all of the D units shall be submitted to the Design Review Committee for review and approval prior to issuance of the Final Map. TREE REMOVAL: An arborist report addresses the health of all the existing trees on the property. Of the 50 trees proposed for removal, five trees are specimen trees (3 Coast Live Oak and 2 Red Oak). These trees are either in poor condition or are located within the footprint of buildings. Five new 48" box specimen Coast Live Oaks will be planted in replacement of the removed specimen trees as a condition of the project. The remaining trees to be removed are not considered specimen or heritage trees and require no additional replacement. There are three trees (tree #60-62) that the applicant is required to save that are located immediately adjacent to Poppy Way. The applicant is currently working with the Public Works Department to design a public sidewalk/parkway that will preserve these trees. The sidewalk/parkway will be required meander around these trees and then come back in to match the existing sidewalk/parkway patterns. The applicant is aware of the fact that the two R-1 single-family homes may have to be reduced in size depending on the final approved curb and parkway alignment. A supplemental arborist report with specific tree preservation recommendations must be submitted to the City for review and approval in order to finalize the sidewalk/curb design along Poppy Way prior to the approval of the final map. The arborist report shall consider the existing tree canopy size, grade levels and sufficient setback from the proposed sidewalk in order to ensure complete preservations of these trees. As part of the project, 44 trees are proposed to be preserved. 11 of these 44 trees will be transplanted. Staff recommends that Tree #58 (a large Digger Pine - 25.4 inches in diameter) along Poppy Way located in the middle of the proposed emergency vehicle & Applications: U-2003-02, Z-20v~-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 pedestrian access easement be preserved as well. A condition will require that the proposed emergency/pedestrian access easement be revised to go around this tree. TRAFFIC: The project was reviewed for traffic impacts based on a report prepared by Fehr & Peers on March 24, 2003. The report considered the net-trip generation of the project, site access and the potential impacts on adjacent intersections. The report determined that there will be no significant traffic impacts. The traffic report was reviewed and approved by the Public Works Department. PARKING: The City's Parking Ordinance does not have a classification for the proposed detached small lot single-family development that functions similar to a town home development. In the past, staff had required projects to provide a parking survey of similar projects from neighboring cities when an exception is warranted. The applicant submitted a parking survey from Fehr & Peers (dated May 1, 2003), indicating that the proposed parking ratio of 2.8 stalls per unit is on par with parking requirements of similar density products in other jurisdictions. In addition, the parking analysis surveyed the actual guest parking demands at six selected residential projects. These projects were selected for their similarity to the proposed project as well as their location and guest parking arrangements. The survey indicated that the actual guest parking usage rates at these facilities ranged from 0.11 spaces per unit to a high of 0.83 spaces per unit. On average, the actual guest parking demand for the six sites is 0.47 spaces per unit that further provides evidence that the proposed 0.8 guest space per unit is adequate. The parking arrangement for the two regular single family homes (Type P) complies with the regular parking requirements for single family homes which are 2 covered stalls and 2 uncover off-street parking stalls. SCHOOL IMPACTS: The Cupertino School District has reviewed the project against its enrollment records. According to the School District, currently there are a total of 20 students (15 elementary and 5 middle school students) in the existing Saron Gardens apartment complex. Using the worst-case projection method, the district is expecting a total of 24 students (20 elementary and 4 middle school students) resulting from the new 55 homes. Based on this assessment, the project will pose no significant impact on the schools and the district can accommodate the 5 added elementary students. BELOW MARKET RATE UNITS: According to the General Plan Policy 3-8, the City's existing multi-family rental units provide housing opportunities for household of various income levels. Therefore in 13 Applications: U-2003-02, Z-20~,~-01, Saron Gardens May 12, 2003 TM-2003-01~ EA-2003-03 general, the existing multi-family units should be preserved to the maximum extent possible. In the event when a proposed development or redevelopment of a site would cause a loss of multi-family units, the City must require mitigation measures to offset the impacts. Although the project will be increasing the total amount of housing units by 15 units on the project site, 39 existing apartment units and I single-family home will be demolished. As a mitigation measure, 20% (3 units) of the 15 additional units must be below market rate units which is 5% more than what the City normally requires (15%) in order to offset the low income housing that are being displaced as part of this project. RESIDENT RELOCATION ASSISTANCE PROGRAM: In addition to the BMR requiretrnent, the project is required to provide a relocation program with provisions to relocated existing apartment residents to other comparable units within the Cupertino Union School District boundary or Santa Clara County at the tenants option. The proposed relocation plan is summarized as follows: Resident Relations Manager: Prometheus will have' a resident relations manager on-site prior to the start of construction to work with and assist the residents during the relocation period. The manager will assist residents to relocation to another projbct by providing information such as apartment listings, moving company listings, and information on how to qualify for BMR units. Early Notification: Prometheus will meet with residents prior to completing the entitlement process to provide an overview of the project plans and timeline. This early notification will allow residents to prepare and be organized for their relocation. In order to provide residents adequate time to find alternative housing, Prometheus will notify each resident with at least 60 days in advance of the required move out date. Refund Deposits: Prometheus will refund the security deposits at the time of the move-out at the leasing office so long as the following criteria are met: rent must be current, apartment must be vacated on or before their scheduled move-out date, all personal belongings removed form the site, apartment is free from debris, and fixtures of the apartment are not removed. In addition, Prometheus will waive all cleaning charges. 14 Applications: U-2003-02, Z-20bo-01, Saron Gardens May 12, 2003 TM-2003-01, EA-2003-03 Moving Allowance: Prometheus will provide a $500 moving allowance per apartment. Any residents who have special needs that affect their abiiity to move will receive a moving allowance not to exceed $1,000. Rental Assistance: Prometheus will provide rental assistance to ensure that residents do not incur significantly higher rental expenses for the first year after they relocate. In order to qualify for the rental assistance, the resident would need to relocate to another rental property within the Cupertino Union School District or Santa Clara County at the tenant's option within 60-day notice period. For months one through six after relocation from the property, Prometheus will pay for up to 20% for the prior rent at Saron Gardens. For months seven through twelve after relocation, Prometheus will pay for up to 10% of the prior rent at Saron Gardens. Dispute Resolution: In the event that a dispute arises regarding the implementation of this program, the dispute shall be resolved through mediation. The Housing Committee has reviewed and recommends approval of the proposed relocation program. Enclosures: Model Resolution for U-2003-02 Model Resolution for Z-2003-01 Model Resolution for TM-2003-01 Exhibit A: Applicant's Project Summary Exhibit B: Arborist Report Exhibit C: Pictures of sample turf block Exhibit D: Relocation Program Exhibit E: Parking Analysis Exhibit F: Traffic Analysis Exhibit G: Zoning Plat Map Initial Study Mitigated Negative Declaration Project Aerial Color and Material Board 3-D Colored Elevations/Renderings Plan Set Submitted by: Gary Chao, Assistant Planner Approved by: Steve Piasecki, Director of Community Developme~m,,~ G:\Plannmg\ PDREPORT\ pcUserepor ts\ U-20034)2.doc 15 SARON GARDENS APN 366-19-075 APN 366-19-076 APN 366-19-048 R3: Multi-Family Residential R3: Multi-Family Residential R1: Single-Family Residential EXHIBIT A PROJECT DESCRIPTION The existing Saron Gardens Apartments will be redeveloped into 55 detached single- family homes. Saron Gardens includes nine apartment buildings, one house, on-grade parking, a swimming pool and a small open space. There are 39 apartments and 1 single- family house on the property. The proposed project will create 53 single-family homes with access to Rainbow Drive and 2 single-family homes on Poppy Drive. MAR-25-03 18:15 FROM-PROMETHEUS REAL ESTATE GROUP EXHIBIT B Mayne Tree Expert Company, Inc. ES rABLISHED 1931 Gp~.DUATE FORE $'I'ER RICHAFLD L llUNTINGTON Mr. Jeff White prometheus 350 Bridge Parkway Redwood City, CA 94065-1517 51~.1 E CON'rKACTOK"S LICENSE NO 276793 CERTIFIED AR~ORISTS PEST CONTROL ADVISORS AND OPERATORS February 24, 2003 s3s B2.sC^TO aO.~O. STE ~ S~ C~. CA 94070-6228 TEL~PHONE (650) 5934400 FACSIMILE (050}593-4~3 Re: Saron Gardens, 7308 Rainbow Drive, Cupertino, CA Dear Mr. Whi~e: On February 12, 2003, we met at the above site for the purpose of inspecting trees 6 inches in diameter and larger at 4 1/z feet above grade. This information was to be included in an arborist report. Tree numbers in the report correspond to the tags on each tree. Any tree that was not tagged bat had a diameter of greater than 6 inches, was noted and assigned a number. (There was only one tree-) Part of my assignment was to determine hove transplantable the trees were. The larger a tree is, the harder it is to transplant, as well as more costly. There are several smaller trees on the site that would make excellent transplants- Those are the small palms in the pool area garden and some of the live oaks in front, T1 to T6. Each tree was given a condition rating which includes general tree health and structure. The table used is the following, 0-29 ... Very poor 30-49 ... Poor 50-69 ,.. Fair 70-$9 ...Good 90-100 .. Excellent Each tree was assigned a life expectancy raring; S for short, M for medium, L for long. Finally there is a "Comments" section which explains the condition rating and gives any other tree information. MAR-2~-O3 lB:l§ FROM-PR0~4ETHEUS REAL ESTATE GROUP SARON GARDENS TREE SL!RVEY T.t~e No. Specie~ (bch~s) (Percent) (Years) Life Expectancy Rem~hqing (L=Long, M--,M¢~lium, S-~ Short) Coast live oak 10.3 60 L Coast live oak 9,8 55 L 650-596-53?4 T-SBB p 03/Dg h-fbi 3 Coast live oak 15.9, 13.5, 9_35 70 L 4 Coast live oak 13.5 70 L 5 Coast live oak 6.25, 4.4 60 L 6 Coast live oak 9.98 80 I. 7 Coast live oak 9.5 65 L 8 Coast live oak 8.2, 5,8 60 L T1-T4 Coast live oaks NA 75 L 9 Giant sequoia 16.9 lO $ 10 Digger pine 7.2.3 70 M 11 Black pine 10,4 30 S 12 Digger pL~e 36.8 70 M 13 Douglas-fir 20.2 70 L Poor form and included bark. All growth one side. I-Ias bleeding c~nker. Forks at 3 feet with included bark, Leans. In proposed footprint. One-sided due to shading- Forks at 2' with included bark. In proposed footprint. In proposed footprint. Fork.s at 4 sA feet with included bark. In 'proposed footprint. Forks at ground level with included bark. Relocate on sim. Severe needle and twig blight. In proposed foot'print, Topped, weak upper srvacmre. Sequoia pitch moth larvae activity. I~ proposed footprint. Dying. In proposed [ootprint. Slight lean, topped. Weak upper s~'ucture. In proposed footprint. Topped. In proposed {ootprint. Fate: S-~Save. R=Remove MAR-25-03 lB:IS FRO)~)-PRO~IETHEUS REAL ESTATE GROUP SARON GARDENS TREE SURVEY Tree NO. _qpucie$ ~I~lgH Co~di~on L.~.~.~ (Inches) (Perc~t) (Years) BSQ-S9§-53 (4 Remarks *L.E.R. = Life F.x-p~t,mcy Remadmng IL;L~ng, M;Me~um, S~ Shor~) 14 Giant sequoia 26_0 75 L S 15 Fruitless mulberry 13_2, 8.2, 6.2 70 S 5 ' 16 Coast live oak 16.5 70 L S 17 Privet 4.4, 4.0, 60 S S 3.2, 3.7; 4.4 18 Ginkgo 13.7 @ 4' 50 M S 19 Hollywood juniper 11,9 55 S a 20 Privet 12.2, 10,8 55 5 5 21 Canary Island pine 21g_2 75 M R 22 Dat~ palm 24.0 (Est.) $0 M S 23 Coast live oak 20.0 70 L $ 24 Coast live oak 23.6 65 L S 25 Ash 14.1 60 M R 26 Hollywood jumper $.6 65 $ R "l~at;: S=Seve, R--Remove Topped. Minor needle and twig blight. Topped for line clearance. Has included bark. Topped for line olearance. Roots uplifting paving. Otd bark damage with oozing_ Not really a tree. Forks at 2 feet into five trunks. Provides $cr~n. Forks at 4 ~/2 feet with included bark. Roots uplifting paving. All grow~ opposite house side. L~ footprint. Just a very large shrub. Forks at 2 feet with ~cluded bark. Topped and side pruned. Provides screen. Root~ uplifting paving, in footprint. Has fronds ar 4'. Hazard ro pedestrians_ Relocate on site. Topped for line clearance. Topped for line clearance. Has induded ba~k- Surrounded by pav~ng which it is uplifting. Included bark, kn footprint. Leans a-ad is one-sided. In foorpnnt. ~AR-ZS-03 18:16 FROI~-PRO~ETHEUS REAi ESTATE GROUP B~O-5~-53T4 I-~u~ r u=xu= Cinches) (Percent) (Years) ,.£.IL = Life Expectancy R _r~,'fi~ fl.=Long, M~Medium, 5= Short) 27 Liquidambar 10.9 60 M R Uplifting pado. We~k upper s~Tucr~re. 28 Hollywood juniper 9.5 60 $ 29 Carob 14.7 65 M R Roots cracking patio. Weak stllacto, re. Ln footprint R Roots uplifting con.ere. Topped, with very dense canopy. In ~ootprlm~. 30 Caro5 12.9 60 M R Roots uplifting concrete. Topped, with very dense fohage. Leans. In ~ootprint. 31 Ca rob ] 0.95 65 M R See No. 29. 32 Carob 10.9 60 M R Thin crown. In footprint. 32a,b,c,d,e Palms NA 80 S Relocate on site_ 33 Fan palm lb.9, 15.1 75 M R Two-trunked. In footprint. 33A Hollywood 12.6 65 Iuniper S R Leans. in foo~rint. 34 Chinese pistache 12.6 60 M R Poorly pruned. In footprint. 35 Hollywood ll.I 65 Juniper S R Poorly pruned_ In footprint. 36 I. ocust ll _65 65 37 Red oak 13.3 (~ 65 M L R Slight )eat. In footprint. R Topped at 10'_ Slightly weak upper strucr0, re. Not recommended to t~ansplant. 38 Red oak 13.5 65 L S See No_ 37. rte: S--Save, R=Remeve ~AR-ZS-O3 18:16 FROM-PROEI[THEUS REAL ESTATE GROUP SARON GARDENS TR~E SURVEY 'F.~ee No. ~_~ecies p,B,H ConditiOn ~ (Inches) (Percent) ('Years) 'I_.F.~L -~ Life Lrpectancy Remaining (L~-Long, M=Medium, S= Show 39 Red oak 13.1 65 L 40 Fan palm 18.1 75 M ~1 Red oak 8.3 65 L 42 Red oak 9.8 65 L 43 l'~d oak 8.55 65 L 44 Siberian elml7.1, 11.7 40 M R 8_3, 7.1, 5.6 45 Siberian elmll.1, 10.7, 9.3 40 M R Pate** R~par~ S I~ Ioot~rint. S Relocate on site. S 46 Red oak 13.5 60 L R 47 Red oak 13.7 60 L 48 Podocarpus 12.1 55 S Topped for line Clearance. Not recommended to bransplant S 5e~ No, 41- S See No. 41. Topped for line clearance. Included bark and has very weak structure. Topped for line clearance. Included bark a~d has very weak structure. R R Topped at 10', Canopy is all sprouts. In footprint, 49 Red oak 15.1 60 L R Topped at 10'_ Canopy is all sprouts. Too near building. 50 Date palm No tr~'rk ar 4 W 65 M 51 Holly oak 9.4 75 M 52 I-{oily oak lB.0 60 M 53 Red oak 13,75 75 L Growing under the eaves. Very weak structure, In footprint. Topped at 10'. One-sided. In footprint. 5 Relocate on site. 5 Relocate on site. 5 Leans. F,~locate on site. S Leans, poor form. unbalanced. "l:at~: 5=Save, R=Remm~e MAR-Z5-03 18:16 FROM-PRO)vlETNEU$ REAL ESTATE GROUP SARON GARDENS TR~£ SURVEY T~Ae No. Spe~es (Inches) (Percent) ~eats) ~LE.R. = Life ~ec~ Re~g ~=Lon~ M=M~i~, 54 Red oak 13,7 75 L 55 Palm 12J} 0~-st.) 90 M 56 Eucalyptus 10_8 55 M 57 Chinese elm 17.2 6~ M 58 Digger pine 25.4 70 M 59 Fig 10.5, 8.2 50 M I Canary ~Iancl pine 18.8 75 M 61 Bhze cedar 17.4 80 M 62 Redwood 19.8, 9_0 65 L 63 Canary l$1a2zd pine 25.5 60 M 64 Chinese pistache 12.2 60 S 65 Plum 8.0, 7.5 45 S 66 Locust 9.1 50 M 67 Fir 11.6 45 I. 67a Small palm NA 80 M Ia footprint. Relocate on site. Tru_rrk wound. Upper weak structure. In footprint. Weak upper structure. Hear7 limbs_ Side pruning may he needed for clearance. Slight lean. Upper storm damage. l~ footprint. Past sunburn on west side. Not a native tree. Recommend removal_ Keep sidewalk 5' away_ Keep sidewalk 5' away. Forks at ground level. Topped. Keep sidewalk 5' away. Slight lea~. One-sided. Broken limbs. In footprint. Topped. In footprint. Over-mature. Included bark, Leans, all growth on one side. In foot'print. I~itting hause, leans. Relocate on site. "- ~ate:S.~ave, R=Remove Tree No. Specie~ FROM-PROMETHEUS REAL ESTATE GROUP 650-5§S-5374 SARON GARDENS TREE SURVEY DB.H C0130ition L.E.R.* Fate~' Remarks ~ches) ee~cent) (Years) 'L.E.R. = Life Expectancy Re~ainj, ng fL=Long, M=Medium, S= Short) 68 Magnolia 12.0 [Est,] 85 M 69 ChSnese pistadxe 12.0 (Est.) 65 S 70 Coast live oak 12.0 (Est.] 0 L 71 Flowering mag~olla 6.4, 6.0, 4.7 70 M 72 I_Jquida mbar 15.2 55 M 73 Gi~go 7, 6, 6, 5, 4 (Est.) 55 M 74 Fig 5, ~ [Est.) 40 M 75 Canary Island pine 21.3 60 M 76 Hawthorn 10.8, 8.4 60 S 76a Palm NA 80 M 77 Stone pine 9.8 55 M 78 Red oak 10.0, 9.8, 7.3 50 L 79 Hawthorn 6,8, 5_0 55 M 4.3, 4.8, 5.0 $0 Coast live oak 13.1 60 L 81 Co~t live oak 19.4, 45 L 82 Coast live oak 14-2 55 L '* l:ate: S--Save, R~Remove Ivy covered, one-sided. Ivy covered, side,pruned_ Dead, ivy coveted. Forks ar 1'. Relocate on site. Tvaak wound. Side pruned for line clearance. In footprint. Forks at 3~. feet. Weak connection. Most growth on same side. In footprint. Ivy covered. In foot-print. Twisting trunk. Roots uplifting sidewalk. Original s~pport pipe still in tree. In footprint. Decay_ Weak structure. Relocate on site. Severe lean. In footprint. Upper decay, poor form. In fooLprint. Canopy all sprouts. In footprint. 5 Topped for line cteara.nce, with. some included bark. Topped for line clearance. Trunk S Leans, topped [or line clearance. MAR 2 5 2003 APR-0[-03 N:30 FRO~-PROBIETHEUS REAL ESTATE GROUP 6E0-596-53N T-B~ ~.u~/u~ Mayne Tree Expert Company, Inc. E£TA~,L[SFLED 1931 S'ITk~E CONTRd~CTOR"S LICENSF NO. 276793 GP, ADUATE FOrSTeR CErTiFIED ARBOKI$'I 5 PEST CONT~.OL ADVISO~ ,MqD OPf!R.~TORS RICH^RD L IIUNTINGTON K~ViN R KIEL?Y AprL1 t, 2003 Mr. Jeff White prometheus 350 Bridge Parkway Redwood City, CA. 94065-1517 Re: Satori Gaxdens, 7308 Rainbow Drive, Cupe ctino, CA Dear Mr. White: This letter is for rlte purpose of outlining and providing tree protection_ Also included in fl~is letter ate opinions on ~he survivability of the various t"ransplan~able trees_ Please rtote that these are only generalizations and do not include all situations. Tree Protect:ioru Frobective fencing (chainlink or orange plastic) should be installed at the trees' drip- lines/root zones. The fencing should be adjusted only enough to allow demolition/ construction to proceed. 2) The areas within these fences ar tree protection zones axe to be inaccessible to construction activity and materials. If encroar,.hment is necessary, place a layer of 4 inches of wood chips or plywood to protect the root zone. Wood should be placed arou nd the vrunks to protect the bark if encroachment is near the trunks. (See Mitigating Measures for Existing Trees on Cons~ructio;q. Sites", enclosed.) 3) Trenching and/or grade changes w~thin the tree protection ~oncs should be avoided. This includes pre-construction, construction a~d post/construction periods. If any soil disturbance is required within any tree protection zone, the pcoiect atborisr shah be consulted prior to th~s action. APR-O?-03 14:31 FRO~-pROMETHEUS REAL ESTATE GROUP E50-5§~-5374 T-~B3 P.03/05 F-gSl Satori Gardens/Fro~nctheus 4-1-03 4) The project arborist shall oversee all tree relocations, but a £ree moving company will k~ow better how it should be done. In my opimon, the pal~ ro be ~locar~d h~ve a ~gh r~ of su~iva[ ~d the o~ have a medium to medium-~gh rate of su~val. There are severa[ formulas for the roo~ bail size needed for relocation. I usc 10 inches in total root ball diameter for each inch of tree diameter at 48 inches above grade. ~) The~ relocated trees shall be irrigated regularly during the first season, then normally as needed, for the speci~. Have the relocated trees Lv. slwcted after constructio~ so that other mitigating treatments can be recommended. Thesu may included fertilizing. spraying and/or pruning_ In conclusion, these recommendations are generalizations for initial tree care dur~g con- truction. After construction, landscaping a]so c~eeds to address tree impacts from irrigation trenching placement. I believe these tecommendalions are correct and follow proper arboricultural principles and prac:~ce~. Sincerely, Richard L. Huntington Certified Arborist WC ~0119 RLI-I:dcr APR-OT-03 14:Sl FROM-PROMETHEUS REAL ESTATE GROUP 650-5§6-53?4 T-$83 PO4/05 F-gSI MITIGATING M]EASURES FOR CONSTRUCT~N [MI~ACTS ON EXIST[NO TREES SFL'TION [ iNTRODUCTION :~s to some degree. The d~gree of impact t~ [~rgely predic~t~ on the con&non of the tree(s) before the construcUon activity begins, Ii is therefore ~mpac[. A ~er~ificd Arbarist (In~ernaUanal Sac:ely of Ar~oric~lture) is s~ggested for tins work The loc~l Uni~ers[[~ of California Extension ~r Caun~ F~ Aav~sors Office ha~ ~e names of local certified arbor~s[s. SECTION II SITE ^H extstmg trees 5nail be fenced velthin, at. or outside tD.e clnpHne spread) of :ne trgd using the following f~rmula: Five laches ~n a~stance fram the trunk for er=fy inch in trunk diameger, measured ~.5 fee[ above the average grouna legal Example a ~ meg ~iameter tree ~oula ha~e a fence erected 10 feet from ~e base of the tree (~ x 5 = 120112 = IOL The fencing sh~ul~ not ~nt.rfer. wiih actual construction, but is intended to redirect ~nncccssar~ traffic, an~ m protect [imb~ and roots. No storage af materials. unnecessary trench:ne, grading or compaction shall be allowefl within the drill[ne of th~ The fence s~ouia be a m~nimum of f~ur feet h~gn. made of p~g ~,~re, snow fence, or cyclone, with Steel stages or pipes ~s pOStS If thc fence ,s within thc driplln= of ~c trees, ~he falter fringe outside fence shall be raise~ to offset the chance at hmb breakage from :ons~ruction equipment cncraacMng w~thin the dnpline :ncroac~men~ ~lrhtn tn= fencea area ~s forbidden without the consen~ of ce~Lfied erbar;st on she job This inclu~e~, bu[ is nat limited to, storage of m~enal~, ugr~ed cars. grading cqoipment anU other gravy equipment M^YNE ~ ~.X.~ERT COMPANY APR-O?-03 14:31 FROM-PROgETHEUS REAL ESTATE GROUP 650-SgB-O3T4 I-~ ~ u~/u~ r~~l ~ LI_[ GR',DING/EXCAVATING .&il grading plans thac spectgy gt&~mg within the driplin~ of an)' tree, Prav~sions for aeration, drainage, pruning, tunneling beneath root~. If trenching ~s necessary within the ar~a as described above, said trenciq~ng shall be undertaken by hand labor All roots 2 inches or larger s~all ~e st=: of the ~he trench snoul~ bc draped immedi~t=ly ~ah two layers of untreatc~ ~rl~p to a ~ep[h o~ 3 fc~r from the surfac~. Thc burlap shall be le~cl. Th= ~rborist ~hal[ examine roe trench prior to backfilling ~c ascertain ch: number and sis= of rooc~ cut, and to suggest furmer remedial repairs The arl~onst or, the job shall have the reaponsibility of observing all ongoing act)vtties that may affect me trees, and presenting necessary remedial ~ork t& all arborist acridines sp=elfi:~ in SS~ONS I, II ann III In a~¢~tion. pruning, w~m ~ype~ gn~ trchniques as oodm~d in the "Pruning G~io=line~" (1995) of th~ Int=rna~,onal Society of Ar~oricuhure, shall Ue pr=scribed ~= necessary. F;r;flizing. mulching, aeranon, irrigagion. ~ramage. pest conirol and other con,meg s~ail b~ prescribed according to ~ tr=e needs, local sit= requaremnnts and State Agricultural P~t Control laws All specirhcarion~ ~nall bc i~ ~nng. For a list of licensed pc~[ control operators or advisors, consu[~ the locll Coo~ Agricultural Commissioners Office pro',ided in mc Ev~i=~r~on Guide published by the lnternanonal Soci:ty of ArOoricckure. shall be assessed for ~amagc~ to t~c trees Upun completion of the pro.l:¢t, th{ arborist shall reuidw all work onr~er[aken [ha~ ~mp~cte~ ~he existing trees. Special attention shall be g~ven to cuts an~ fil[~, *ompaction. ~rainagg, pruning and future remedial ~or~. The arbori~t shoula sabml[ -~ final report in *rmp. g outhning the ongoing remedial care MAYNE ~ ~-XPERT COMPANY FROM-PROMETHEUS REAL ESTATE GROUP 650-596-53~4 ~RI~AKDOWN OF TRSI~ ~UI~VEY Cupe~ino, CA 5t2/03 Trees Removed Trees Saved 60 or less > 60 1 1 5 2 2 8 3 3 9 4 T-1 11 5 T-2 19 6 T-3 25 7 T-4 27 8 14 28 9 15 30 10 16 32 11 17 34 12 18 13 20 14 22 46 15 23 47 17 32a 49 18 32b 56 19 32c 59 20 320 63 21 32e 64 22 38 65 23 39 66 24 40 67 25 41 70 26 42 72 27 43 73 28 50 74 29 51 75 30 52 76 31 53 77 32 54 78 33 55 79 34 57 35 60 36 61 37 62 38 67a 39 69 ~0 71 41 76a 42 80 43 81 44 82 4 6 7 10 12 13 21 26 29 31 33 33a 35 36 37 54 58 EXHIBIT C EXHIBIT D Resident Relocation Program For Saron Gardens Redevelopment April 29, 2003 Prometheus is seeking approval to redevelop the existing Saron Gardens Apartments into 55 detached single-family homes. Saron Gardens Apartments includes nine apartment buildings, one house, on-grade parking, a swimming pool and a small open space. There are 39 apartments and 1 single-family house on the property. Prometheus values its residents and wants to keep them informed about the proposed project. In order to make the transition as smooth as possible for the residents, Prometheus has prepared this Resident Relocation Program. The Program includes the elements explained below. Resident Relations Manager Prometheus will have a Resident Relations Manager on-site prior to the start of construction to work with and assist the residents during the relocation period. The Resident Relations Manager will be able to proactively work closely with residents to provide information and quickly respond to resident issues. Informational resources such as apartment listings, moving company listings, and information on how to qualify for BMR units will be made available to residents. Prometheus greatly values it customers and wants to make sure their needs are met and their issues are resolved. Earl,/Notification Prometheus will meet with residents prior to completing the entitlement process to provide an overview of the project plans and timeline. Prometheus also plans on communicating with residents regularly regarding the specific details of the proposed project after the entitlement process. During this early notification process, the Resident Relations Manager will Work closely with residents to provide specific information about other apartments in the area, moving supplies, truck rental, moving companies, and storage facilities. This early notification will allow residents to prepare and be organized for their relocation. In order to provide residents adequate time to find alternative housing, Prometheus will notify each resident with at least 60 days notice in advance of the required move out date. Residents who move from the project during this 60-day period to another rental property within Santa Clara County, will receive a refund of their deposit, a moving allowance and rental assistance as outlined below. Refund Deposit Prometheus wants to refund security deposits to residents as quickly as possible. A check for the security deposit will be available at the leasing office on the scheduled move-out date. Prometheus will refund security deposits at the time of move-out, so long as the following criteria are met: rent must be current, apartment must be vacated on or before their scheduled move-out date, all personal belongings removed from the site, apartment is free from debris, and fixtures of the apartment are not removed. Provided the previous criteria are met, the deposit check will be given to the resident when they return their keys to the leasing office, as opposed to being mailed within 21 days. In addition, if the previous criteria are met, Prometheus will waive cleaning charges. Moving Allowance We recognize our residents will be incurring moving expenses. In an effort to assist our residents, Prometheus will provide a $500 moving allowance per apartment. Any residents who have special needs that affect their ability to move will receive a moving allowance not to exceed $1,000. The moving allowance check will be given to the resident along with their deposit when they return keys to the leasing office provided they have met the criteria addressed in the above Refu~nd Deposit section. Rental Assistance In order to ensure that residents do not incur significantly higher rental expenses for the first year after they relocate, Prometheus will provide rental assistance. In order to qualify for rental assistance, the resident would need to relocate to another rental property within Santa Clara County within the 60-day notice period described in the Early Notification section of this program and provide a copy of their lease. The rental assistance to be provided to the residents would be as follows: · For months one through six after relocation from the property, Prometheus will pay for up to 20% of the prior rent at Saron Gardens. · For months seven through twelve after relocation from the property, Prometheus will pay for up to 10% of the prior rent at Saron Gardens. The rental assistance shall be paid on the schedule required by the resident's lease at the relocated property. Dispute Resolution In the event that a dispute arises regarding the implementation of this program, the dispute shall be resolved through mediation. The City of Cupertino and Prometheus will mutually agree upon the selection of the mediator. - By: Fehr & Peers Assoczates; ~ue Lei ,,,~y ............ ~ EXHIBIT E MEMORANDUM To: Gary Chao, Planning Department Rt}bcrt Eckols, P.E. Jane Bicrstedt, P,E. subject: May 1. 2003 Parking Analysis Jbr the Saron Gardens I'rqiect Fmj' No ¢35-$71 This memt~randum summarizes thc findings and conclusions of the parking analysis comtucted by k'ehr & Peers Associates. Inc. rclaled to t'nc proposed Saron Gardcas residential project. Thc parking analysis incktdcd two types of surveys, a survey of actual guest parking demands at. several c×isting, similar residential developments in the South San Francisct Bay A~ea. and mlorher survey of currcnt residential parking requirements of local jarisdictiolns Guest Parking Surveys Six existing residential projects were identified k~r the survey. These sites were select.ed for tl~eir similarities to the proposed project as well as their locatkm and guest parking ~trra~gerncnts. Most of tile s LeS had no. or limited, access to any ol~-strcct parking: therefore, it was possible to capture the total guest parking demand at these sites. Fi¥c of thc sites had between 45 and 6(.I units, so they are similar in size to the proposed projecl. Thc sixth site. the Waterfalls, has 114 units. All six sites provide two-car garages for each uuit. Each facility was sm-vcyed on a weekday night after 12:00 am (midnight), Friday evening after 8:00 pm, and Saturday afrcrnoolq between 3:00 and 4:00 pm. These time periods ,J,:ere considered mbc indicators of peak pcriod,~ for guest parking demand/use- During each cotmt the nulllber vehiclc~ parked in guest spaces, on driveway aprons (where available), and irt any available un-sa'eel parking were recorded. t By: Fehr & Peers Assoc~ates~ 408 287 1/1/~ ivlay-~ou~ ~a;~+~r~% ,.,s~ ,~,~ Tuble I summarizes the resLllts '~' Lhe parking counts by type of space (.guest. driveway aprou, o~ ',q-street). 'l'ablc I also indicates the uumber of units hq the deveh~pment, the number of guest parking spaces available on thc site. and a guest-parking rate as a ratio of the nt ~her of guest spaces used per residential unit. Based on the re~;~llts of ~hesc parking sur~e),'s, actual guest parking usage rates at these l-a¢ilities ranged from a low oat' 0.1 I spaces per unit to a high of 0.83 spaces per unit. In five out of tile e ~. locations s ~rveycd the hishcst guest parking demand ,*,as on weekday nights. The lowest pm'king rate occurred at the facility where there, appears to be thc strongest enforccmep, t of pax'king rules the Waterfalls. On average, the actual guest pm'king demand for the six si~es i~ 0.47 spaces per unit. Il' the Waterfalls data is riel included in the calculation, the average guest parking demand is 0.53 spaces per unit. Zoning Ordinance Survey In addition u) tile field survey described above, Fehr &Pccrs conduclcd a survey of residential parking requirements tk*r jurisdictions in thc San Francisco Bay Area. This survey invol'.'ed reviewing the current zoning ordinances or pho~ling thc plauning dcpax'tments. Tablc 2 summarizes thc results uf tiffs survey for sixteen jurisdictions most located in tim South Bay or Peninsula AreaS. Table 2 suanm~trizcs the parking requirements for 3-bedroom residential units and the associated guest parking assuming that each unit has two designated covered spaces or a two-car garage. Most jurisdictions have "Muhifamily' parking reqLtirements that include single-family attached, townhouse, condomin.ium, and (often) apartment uses. Parking requirements are typically specified thc number ol' parking spaces required by the type of unit (studio, I-bed~'oom. 2-bedroom, etc.). Some of the jurisdictions include guest parking itl these per-unit requirernents and some have specific gt~cst parking ratios. For tltis table we have presented any fraction (wet 2.0 spaces per unit as the guest parking t'equiremcnt or thc actual guest parking requirement listed in thc zoning ordinance. t By: Fehr & Peers Aseociates~ 408 287 1717; May-l-03 12:48PM~ wage Table 1 Survey of Existin9 Guest Parkin9 ~ ~ I -- I [ / parked Yehlcte$ Observed / Demand / 4/11/2003~ Fdday [ 8:OOPM 19 ~ 0 [ / 29 / 063 Units = 58 npbell, CA ~'i~. - 4-/11/200;~ Friday ~ Parkin 32 4/23/2003 Wednesday 12:00 AM Fdday 6:~ PM 17 4100 PM .. .35 0 12 0 20 0 25 018 0,22 45 5 14 4 13 4 13 0,30 0.28 0.28 9 50 0.83 6 45 0.75 7 46 0.77 0 7 27 2 12 34 O 0 16 0 0 17 1 2 17 0 0,~9 0.65 0,28 0.29 0.29 -- Guest-parking Demand Per Unit 12:00 AM 8:00 PM :dday N~ght 4;00 PM 1con 0.43 0,47 3 By: Feh¢ & Peers Associates; 408 287 1717~ blay-l-03 12:48PM; Page Table 2 Multifamil Jurisdiction Campbell FoSter City Los Altos Menlo Park Alto City ~¢nn~vaJe Residential Parkin Re uirements Mulfifamily -- Multifamily Covered parking provlde<l per 2.0 2.0 2.0 2.0 2,0 2.0 2,0 2,0 2.0 2.0 Guest parking 0.20 1.50 0,50 0,50 0.70 0.50 0.50 0.00 0.33 0.33 0.14 0.25 0,50 0.60 2.0 0,20 2.0 0,20 2,0 0.50 2.0 ~ 0.39 2,0 0.8O By: Fehr& Peers As$oc2ates$ 408 287 1717; May-l-03 12:49PM; Page 6/6 Conclusions Based an the two $1.1rvey$ conducted by Fehr& Peers, the following conclusions CaB hO dra'&n related to guest-parking usagc m~d lt>cal guest.parking reqmrcments. · Peak gttcst parking usage at the six sites surveyed ranged tk'om 0.l. 1 to 0.83 spaces per unit, · The average peak guest parking usage for the sites was between O 43 and 0.47 spaces per unit. · Based on Lhe parking requirements of mhcr It)cai jurisdictions the guest-parking ratios for the proposed development would range from 0.11 t(} 1.5(I spaces per mli.t. · The average guest-parking ratlt~ for the jt risdictions surveyed is 0.39 spaces per t~Bit. Based on LEis int~.mnation, providing [tieS[ parking att a ratio of 0.80 spacC, f per unit is adcqoa[C. EXHIBIT F MEMORANDUM 'ro: Gie~m Go~fvrt, Assistant Director of Public Works Copies to: Jon Moss, Prmncthuus Jeff White, Promcthens Jane A. Bi~rstedt P.E. Date: March 24, 2003 Subject: ~aron Gardens Truffle Analysis 1035-571 Fchr & Peers conducted a focused (raffic analysis for the proposed Saron Gardens project_ The project will replace an existing 40-milt' apartment complex with up to 55 single-family detached dwelling units, The project is located on Rainbow Drive on thc west side of the north-south portion just to the west o£De Anza Boulevard. Site vehicular as~d pedestrian access will .be pro~ded via one driveway on Rainbow Drive at (approximately) the same location as thc driveway to the existing apartment complex. Pedestrian access will also be provided to Poppy Way. A conceptual site plan is attached. The focused traffic analysis addresses the net-trip generation of the projecl and site access. Potential intcrscction impacts m-c also addressed. Trip Geaeratioa Estimates The proposed project will add Wat'fic to the surroundk~g roadway ~ystm'n because of the increase in the nu~nber of dwelling units and the change in the type or dwelling units (apartments versus single-fiamily detached dwelling units). Thc amounts of traffic generated by the existing apmt,,ent complex ~d by the proposed project during the AM and PM peak hours of the adjacent streets were estimated by applying trip generation rates and trip generation equations from the Institute of Transportation Engineers, Trip Generation, to the number of uni:s, Rates and equations for apartments and for low-rise apartments were used to estimate the mnount of traffic generated 'ay the existing use. (Thc existing complex contains one and two-story buildings.) The estimates are presented in Table A-1 (attached). The estimated number of trip generated by the proposed project is approximately 41 to 48 AM peak-hour trips and 56 to 63 PM peak-hour trips. The range is due to the differencc in flee average rates and thc cquations, which take into account the reduced economies of scale (increase in trips per trait) for smaller neighborhoods. The trip estimates for the ap~trr, cnts range from 10 to 26 AM peak-hour trips and 23 to 40 PM pcak-hour trips. Fax (lOB) 278-1717 & PEF.~,s Intersection Impacts The closest signalized intersection to the site is Rainbow Drive and De Anza Boulevard. Approximately 3,975 Yehiclas use this intcrscction during the PM peak hour) It opc~'atas at an overall LoYal o£ Service ([,OS) B, a good opcratiu§ level, durin§ the PM peak hour with priority given to the hcavy volumes on De Anza Boulevard.. The net-added project tzaffic constitutes less than a one~peroent increase in us~ of this intersection, The small increase in tra£fic volumes clue to the project will not notioaably affect intersectlon operations. ' Source: City of Cupertino ixafhc caum aa October 17, 2001. Currznt AM paak periad carats wcr¢ not av~lablc. By: Fehr & Peers ASSOCiates; I SARON GARDENS APN 366-19-075 APN 366-19-076 APN 366-19-048 R3: Multi-Family Residential R3: Multi-Family Residential R1: Single-Family Residential PROJECT DESCRIPTION The existing Saron Gardens Apartments will be redeveloped into 55 detached single- family homes. Saron Gardens includes nine apartment buildings, one house, on-grade parking, a swimming pool and a small open space. There are 39 apartments and 1 single- family house on the property. The proposed project will create 53 single-family homes with access to Rainbow Drive and 2 single-family homes on Poppy Drive. CITY OF CUPERTINO City of Cupertino lO3OO Torte Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department PROJECT DESCRIPTION: Project Title: Saron Gardens Staff Use Only EA File No. ¢& 3ase File No. Attachments Project Location: 7308 & 7310 (A-E) Rainbow Drive Project Description: Demolition of nine apartment buildings and one single-family house in order to construct 55 detached single-family homes on property currently zoned P(R3) & R1. Portions of the proiect will be rezoned from P(R3) to P(Res). Environmental Setting: The proiect site is located in a residential neiqhborhood surrounded by similar residential uses with the exception of a commercial nursery (Yamagami's) located along the south easterly corner of the proiect area. PROJECT DESCRIPTION: Site Area (ac.)- 4.03 Building Coverage- __ Proposed Bldg.- 122,437 s.f. Zone- P(R3)/R1 Med/hiqh Assessor's Parcel No. - Assessor's Parcel No. - Assessor's Parcel No. - If Residential, Units/Gross Acre 366 19 48 366 19 75 366 19 76 13.64 31 % Exist. Building - N/A s.f. G.P. Designation - Res Low & Unit Type #A Unit Type fiB Unit Type #C Unit Type #D Unit Type #N Unit Type #P Total# Rental/Own Bdrms Total s.f. Price 13 Own 3 2,174 750,000 5 Own 3 2,165 750,000 10 Own 4 2.324 750,000 21 Own 3 2,186 750,000 4 Qwn 3 1,914 625,000 2 Own 4 3,274 1,200,000 Applicable Special Area Plans: (Check) E] Monta Vista Design Guidelines [] [] N. De Anza Conceptual [] [] Stevens Crk Blvd. Conceptual [] If Non-Residential, Building Area - s.f. Employees/Shift - Parking Required Project Site is Within Cupertino Urban Service Area - S. De Anza Conceptual S. Sara-Sunny Conceptual Stevens Creek Blvd. SW & Landscape FAR - Max. Parking Provided YES [] NO [] ~ ,IN T AL STUDY SOURCE LIST A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. AppendixA- Hillside Deve]opment 7. Land Use Map 8. Noise Element Amendment 9. City Ridgeline Policy 10. Constraint Maps CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance CITY AGENCIES Site 19. Community Development Dept. List 20. PublicWorks Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health OUTSIDE AGENCIES (Continued) 26. Midpeninsula Regional Open Space District 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CALTRANS 35. County Transportation Agency 36. Santa Clara Valley Water District OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood MapslSCWND Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. Ca[EPA Hazardous Waste and Substances Site OTHER SOURCES 44. Project Plan Set/Application Materials 45. Field Reconnaissance 46. Experience wlproject of similar scope/characteristics 47. ABAG Projection Series B. C. D. E. F. G. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paqe. Upon completing the checklist, sign and date the Preparer's Affidavit. Please attach the following materials before submitting the Initial Study to the City. ,/Project Plan Set of Legislative Document ,/Location map with site clearly marked (when applicable) EVALUATION OF ENVIRONMENTAL IMPACTS: ISSUES: [and Supporting Information Sources] I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a [] [] [] [] scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, [] [] [] [] including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual [] [] [] [] character or quality of the site and its surroundings? [1,17,19,44] d) Create a new source of substantial light or [] [] [] [] glare, which would adversely affect day or nighttime views in the area? [1,16,44] II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] [] [] [] [] [] [] [] [] i[and Supporting Information Sources] ~._~--E ~ ~ ._- o · ._ _E I III. AIR QUALITY- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of [] [] [] [] the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or [] [] [] [] contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net [] [] [] [] increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial [] [] [] [] pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a [] [] [] [] substantial number of people? [4,37,44] IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either [] [] [] [] directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. F sh and Wildlife Service? i [5,10,27,44] I b) Have a substantial adverse effect on any [] [] [] [] i riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or i US Fish and Wildlife Service? [5,10,27,44] I c) Have a substantial adverse effect on [] [] [] [] i federally protected wetlands as defined by i ssuEs: = [and Supporting Information Sources] ~ ~_E· ._,~ o ~_E _E Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement [] [] [] [] of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or [] [] [] [] ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural [] [] [] [] Community Conservation Plan, or other approved local, regional, or state habitat I conservation plan? [5,10,26,27] Discussion: Item E - Less than significant impact with mitigation measures The arborist report prepared by Mayne Tree Expert Company, Inc., dated March 25, 2003 identified 93 trees on the project site. The applicant has made efforts in preserving the existing trees to the maximum extent possible, including transplanting approximately 16 existing trees. A total of 33 trees are proposed to be removed as part of this project. The majority of the removed trees are not considered specimen or heritage trees according to the City's Tree Ordinance. However, 6 specimen trees are proposed to be removed (5 oaks and 1 cedar). These trees are either in poor condition or located within the proposed building footprint. The applicant is required to plant 6 - 48 inch box Coast Live Oaks to replace the removed specimen oak and cedar trees as a condition of the project, in addition, the arborist report has identified specific tree projection measures that will be included in the project conditions as well. , V. CULTURAL RESOURCES --Would the project: a) Cause a substantial adverse change in [] [] [] [] the significance of a historical resource as defined in §15064.5? [5,13,41] b) Cause a substantial adverse change in [] [] [] [] i the significance of an archaeological resource pursuant to §15064.5? [5,13,41] i ISSUES: ~ .r_ .- o~ ~ ~ z°~ lland Supporting Information Sources] ~ ._~_E ~ -- ~ = ~ ~ ~ E E c) Directly or indirectly destroy a unique [] [] [] [] paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including [] [] [] [] those interred outside of formal cemeteries? l1,5] VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as [] [] [] [] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? [] [] [] [] [2,5,10,44] iii) Seismic-related ground failure, including [] [] [] [] liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] [] [] [] [] b) Result in substantial soil erosion or the [] [] [] [] loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is [] [] [] [] unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? [2,5,10,39] [] [] [] [] d) Be located on expansive soil as defined , in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or proper~y? [2,5,10] e) Have soils incapable of adequately [] [] [] [] I supporting the use of septic tanks or i alternative waste water disposal systems ! where sewers are not available for the I disposal of waste water? [6,9,36,39] [and Supporting Information Sources] Discussion: A geotechnical report has been prepared by Lowney Associates dated March 13, 2003. The report verified the soil condition of the project site and that the proposed project may be constructed as planned provided that the design and construction are performed in accordance with specific recommendations ouUined in the report. These conditions are added as conditions to the project. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or [] [] [] [] the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or [] [] [] [] the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle [] [] [] I hazardous or acutely hazardous materials, I substances, or waste within one-quarter mile I of an existing or proposed school? [2,29,30,40,44] d) Be located on a site which is included on a [] [] [] list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land [] [] [] , use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result I in a safety hazard for people residing or ~ working in the project area? [ ] if) For a project within the vicinity of a private [] [] [] ! airstrip, would the project result in a safety i hazard for people residing or working in the i project area? [ ] ~g)' Impair implementation of or physically [] [] ! interfere with an adopted emergency I response plan or emergency evacuatio~n [and Supporting Information Sources] plan? [2,32,33,44] h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with I wildlands?[1,2,44] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? [20,36,37] b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water quality? [20,36,37] g) Place housing within a lO0-year flood hazard area as mapped on a federal Flood Hazard Boundary or Food nsurance Rate Map or other flood hazard delineation map? i [2,38] h) P ace w th n a lO0-year food hazard area structures whmh would ~mpede or redirect flood flows? [2,38] i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a evee or dam? [2,36,38] !j) In~nd_af~on by seich~e, tsuna~mi,~or ISSUES: [and Supporting Information Sources] nu3 mudflow? [2,36,38] [] [] [] [] Discussion: Item E - Less than significant impact A storm water drainage study is required and shall be completed as part of this project prior to the Planning Commission Public Hearing. The study shall assess the project's impact on the existing area storm water drainage system. Specific mitigation measures identified in the drainage study shall be included as conditions of the project to the satisfaction of the Director of Public Works Department. IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? [7,12,22,41] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] c) Conflict with any applicable habitat conservation plan or natural community conservation plan? [1,5,6,9,26J X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? [5,10] b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] Xl. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of §tandards estab shed n the •ca general plan or noise ordinance, or apphcable standards of other i agencies. [8,18,44] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [and Supporting Information Sources] --Exposureof persons to or generation of excessive groundborne vibration or i groundborne noise levels? [8,18,44] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] Xll. POPULATION AND HOUSING --Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial.numbers of existing housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? [3,16,44] ISSUES: [and Supporting Information Sources] Discussion: Items b & c - Less than significant with mitigation measures According to General Plan Policy 3-8, the City's existing multi-family rental units provide housing opportunities for household of varied income levels. Therefore in general, the existing multi-family rental units should be preserved to the maximum extent possible. In the event when a proposed development or redevelopment of a site would cause a loss of multi-family rental housing units, the City will require mitigation measures to offset the impacts. There are 39 apartment units and 1 single-family home on the project site currently. The project is proposing to demolish the existing housing units and construction 55 single-family housing units, it should be noted that the proposed project is increasing the overall number of housing units by 15 units. As a mitigation measure, the project is required to provide a relocation program with provisions to relocated existing apartment residents to other comparable apartment units (in terms of size, condition, quality, age and rent) within the Cupertino Union School District. The Housing Committee prior to the Planning Commission Hearing shall review the relocation plan. Also, the project will be required to provide 20% Below Market Rate units which is 5% more than what the City's normally requires (15%) to offset the Iow income housing that are displaced as part of this project. These mitigation measures will be included as onditions of the project. Xlll. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or · other performance objectives for any of the public services: Fire protection? [19,32,44] Police protection? [33,44] Schools? [29,30,44] Parks? [5,17,19,21,26,27,44] Other public facilities? [19,20,44] XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the _f_a__c_ilit~/would occur or be accelerated? [] [] [] [] [] [] [] [] [] [] [] [] FI. [] [] [] [] [] [and Supporting Information Sources] ![5,17,19,21,26,27,44] b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which / might have an adverse physical effect on the benvironment? [5,44] xv. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at i intersections)? [4,20,35,44] ' b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? [2,19,32,33,44] f) Result in inadequate parking capacity? [17,44] g) Conflict with adopted policies, plans, or programs suppor[ing alternative transportation (e.g., bus turnouts, bicycle !racks)? [4,34] ISSUES: [and Supporting Information Sources] Discussion: Items a & f - Less than significant with mitigation measures Traffic: The project is required to install one new stop sign at the driveway exit along Rainbow Drive. Sidewalk access from the project site to Rainbow Drive for access to public transportation and bicycle access shall be provided as part of this project. The Public Works Department has reviewed a traffic analysis prepared by Fehr & Peers on March 24, 2003. The report considered the net-trip generation of the project, site access and the potential impacts on adjacent intersections and determined that there will be no significant traffic impacts. The mitigation measures/recommendations identified in the traffic analysis and by the Public Works Department shall be implemented as conditions of the project. Parking: The applicant is required to submit a parking analysis demonstrating that the proposed parking will adequately serve the project to the satisfaction of the Director of Community Development. The parking analysis shall be reviewed and approved prior to the Planning Commission Hearing. XVl. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] , [] ,ssu s- [and Supporting Information Sources] f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? [40,46] g) Comply with federal state, and local statutes and regulations related to solid waste? f'l XVll. MANDATORY FINDINGS OF SIGNIFICANCE (To be completed by City Staff) a) Does the project have the potential to [] [] [] [] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife , population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B b) Does the project have impacts that are [] [] [] [] individually limited, but cumulatively considerable? ("Cumulatively I considerable" means that the incremental I effects of a project are considerable when viewed in connection With the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental [] [] [] [] effects which will cause substantial adverse effects on human beings, either directly or indirectly? {] PREPARER'S AFFIDAVIT I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure fuel and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparers Signature' J ~ Print Preparer's Name ~--'~"~ ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentialty Significant Impact" as indicated by the checklist on the following pages. [] Aesthetics [] Agriculture Resources [] Air Quality [] Biological Resources [] Cultural Resources [] Geology/Soils [] Hazards & Hazardous [] Hydrology / Water [] Land Use / Planning MateriaLs Quality [] Mineral Resources [] Noise [] Population / Housing [] Public Services [] Recreation [] Transportation/Traffic [] Utilities / Service [] Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: [] The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [] Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [] Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) pobeoided or mitigated pursuant to that earlier EIR or NEGATIVE LA/RAT/ION, including revisions or mitigation measures that are imposed upon the s/~/ddSroject, nothing further is required. , ., ERC Chairperson Date CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE April 9, 2003 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on April 9, 2003. PROIECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: Z-2003-01, TM-2003-01, U-2003-02 (EA-2003-03) Jeff White (Prometheus) 7310 Rainbow Drive, A-E DISCRETIONARY ACTION REQUEST Zoning (Z-2003-01) to rezone a 4.03 acre parcel from PR3) to P(Res). Tentative Map (TM-2003-01) to subdivide a 4.03-acre parcel into 55 residential parcels and one common parcel. Use Permit (U-2003-02) to construct 55 single-family residences and site improvements on a 4.03-acre parcel. FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Environmental Review Committee recommends the granting of a Mitigated Negative Declaration with the following mitigations: 1. Trees: The applicant is required to plant 6 - 48" box Coast Live Oaks to replace the removed specimen oak and cedar trees. The arborist report has identified specific tree projection measures that will be included in the project conditions as well. 2. Storm water drainage: A storm water drainage study is required and shall be completed as part of this project prior to the Planning Commission Public Hearing. Specific mitigation measures identified in the drainage study shall be included as conditions of the project to the satisfaction of the Director of Public Works Department. 3. Relocation program: The project is required to provide a relocation program with provisions to relocated existing apartment residents to other comparable apartment units within the Cupertino Union School District. 4. Belozo Market Rate units: The project is required to provide 20% BMR units. The applicant is demolishing ail 40 units and proposing 15 additional new units for a new total of 55 units. 20% will be taken from these 15 additional new units resulting in 3 BMR units. 5. Traffic Impacts: The applicant is required to install one new stop sign at the driveway exit along Rainbow Drive and sidewalk access from the project site to Rainbow Drive. The applicant is required to submit a traffic analysis discussing potential traffic impacts. These finding identified in the analysis shall be implemented as conditions of the project to the satisfaction of the Director of Public Works Department. 6. Parking: The applicant is required to submit a parking analysis that shall be r~viewed and approved by the Director of Community Development prior to th7 P~n~ission Public Hearing. Steve Plaseck~'''- - '~ -'- "~ - - Director of Community Development g/crc/REC EA-2003-03 CITY OF CUPERTINO MITIGATED NEGATIVE DECLARATION As provided by the EnvirommentaI Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7,1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on June 16, 2003. PROJECT DESCRIPTION AND LOCATION EA-2003-03 Application No.: Applicant: Location: Z-2003-01, TM-2003-01, U-2003-02 Jeff White (Prometheus) 7310 Rainbow Drive, A-E DISCRETIONARY ACTION REQUEST Zoning (Z-2003-01) to rezone a 4.03 acre parcel from PR3) to P(Res). Tentative Map (TM-2003-01) to subdivide a 4.03-acre parcel into 55 residential parcels and one common parcel. Use Permit (U-2003-02) to construct 55 single-family residences and site improvements on a 4.03-acre parcel. FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration with the following mitigations: 1. Trees: The applicant is required to plant 6 - 48" box Coast Live Oaks to replace the removed specimen oak and cedar trees. The arborist report has identified specific tree projection measures that will be included in the project conditions as well. 2. Storm water drainage: A storm water drainage study is required and shall be completed as part of this project prior to the Planning Commission Public Hearing. Specific mitigation measures identified in the drainage study shall be included as conditions of the project to the satisfaction of the Director of Public Works Department. 3. Relocation program: The project is required to provide a relocation program with provisions to relocated existing apartment residents to other comparable apartment units within the Cupertino Union School District. 4. Below Market Rate units: The project is required to provide 20% BMR units. The applicant is demolishing all 40 units and proposing 15 additional new units for a new total of 55 units. 20% will be taken from these 15 additional new units resulting in 3 BMR units. 5. Traffic Impacts: The applicant is required to install one new stop sign at the driveway exit along Rainbow Drive and sidewalk access from the project site to Rainbow Drive. The applicant is required to submit a traffic analysis discussing potential traffic impacts. These finding identified in the analysis shall be implemented as conditions of the project to the satisfaction of the Director of Public Works Department. 6. Parking: The applicant is required to submit a parking analysis that shall be reviewed and approved by the Director of Cornmunity Development prior to the Plarming Commission Public Hearing. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was flied in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA200303 SARON GARDENS EXTERIOR MATERIALS 4/23/03 LOT # PLAN GROUP LOT# PLAN GROUP 2 p ~/~ 29 D1 lb 3 D2 30 C2 4 C1 31 D2 lib 6 C2 33 D1 8 B 35 D1 9 B 36 A1 10 B 37 A2 11 B 38 D1 ~b 2 39 13 N 40 C2 15 N , 42 D2 43 17 D2 Db 44 DI 18 N 45 DI 19 D1 46 A1 20 ~ 47 A1 21 N 48 DI 22 D1 49 D1 23 Al 50 C1 25 D1 ~b 52 27 D2 54 C2 ~ 55 A1 CHRISTIANI JOHNSON ARCHITECTS JlDING TRIM I BD&BAT BASE ROOF NO. I I 2 3 ! Lap S BB Cult St 3omp :ti CooIGr Blue Gr Ivory Green CS1 ;II~ :to Wmer Ivory Rust Cedar CS2 3R2 · ~.[~ '/ Sage Cream Blue Gr Cedar CS2 3R2 B Cern P ~B :ult St Tile t3 Lt Gr Ivory Cedar Rust 3S1 TR1 l~b 6 Yellow ~reen Ivory Black 3S2 TR2 ~ Il Clay ;ream Black Green CS1 CR1 55 SIDING I TRIM Cool Gray: KM 227 Westwood Warm Gray: BM HC 87 Ashley Gray Sage: tCI 948 Monsoon Cream: BM HC 30 Philadelphia Cream Ivory: ICI 2003 Cielo Blanco Blue Gray: BM HC 159 Philipsburg Blue Rust: BM HC 49 Mayflower Red Cedar: ICI 325 Autumn Blush Green: ICl 1204 Nob Hill Black: ICI 1484 Mary Janes CEMENT PLASTER: Light Gray: ICI 523 Heron Gray Yellow: ICI 528 Golden Needles Clay: Pittsburgh 428~ Apple Brown Betty CULTURED STONE: CS1 El Dorado Limestone "Pasadena" CS2 El Dorado Limestone "Cheyenne*' TILE ROOFING: TR1 Monier Slate "Highland Gray" TR2 Monier Slate 'q'erra Cotta" COMPOSITION SHINGLE ROOFING: CR1 Celotex "Shadow Gray" CR2 Celotex "Weathered Wood" SARON GARDENS EXTERIOR MATERIALS SIDING TRIM 4/2212003 ROOF STONE Ia _I/BG lb IC IIa lib IIc CHRISTIANI JOHNSON ARCHITECTS Planning Commission Minutes 3 May 12, 2003 In response to Com. Miller's question if they would be required to construct underground tanks for filtering, Ms. Shrivastava said that it was not expected at this point. The requirements are less stringent for this project because it is prior to July 15; after July 15, they become more stringent. Responding to Com. Wong's questions, Ms. Shrivastava said that are two and three story buildings in the project; she illustrated the one story and noted t' it was consistent with the height of the rest of the site. She said that height was not aconce of the neighbors. Relative to the existence of the HVAC in the main building and its close ' to Rancho San Antonio, she said that there was a condition of approval for noise they comply with the ordinance relative to the HVAC equipment and any other mechanical since the project is close to a sensitive land use. In response to Chair Chen's questions none of the trees proposed for removal were s of the trees, Ms. Shrivastava said that trees. Mr. G. Arcello, I-llrxlT Architects the center; and there is an assisted living assisted living, and within assisted dementia care. The difference is that jurisdiction of the S skilled nursing facilities was one component of which is the one being expanded as' the a portion of that will be dedicated to Alzheimer's illed nursing has to be licensed until it is under the Chair Chen opened the meeting ,. was no one who wished to speak. Com. Corr said that it was an supported the application. the project, ~'affic was appropriate addition to concurred with fellow excellent and she supported llent project, that it would be an asset to the community, and he said he supported the project. Com. Miller said he liked issue; the current exercise room is inadequate and would be an project. He said he supported the project. Com. Wong said he He said he visited the facility and felt the design was unit was needed. He said he supported the project. Chair Chen said MOTION: SECOND: VOTE: WOng moved approval of negative declaration EA-2003-01 Con- 5 -0-0 MOTION: Com. Wong moved approval of the use permit Application U-2003-01 in accordance with model resolution and changes incorporated. Com. Corr Passed 5-0-0 Application Nos.: Applicant: Location: TM-2003-01; U-2003~02; Z-2003-01; EA-2003-03 Jeff White (Prometheus) 7310 Rainbow Drive, A-E Tentative Map to subdivide a 4.03 acre parcel into 55 residential parcels and one common parcel. Use Permit to construct 55 single family residences and site improvements on a 4.03 acre parcel Zoning to rezone a 4.03 acre parcel from PR3 to R(Res) Tentative City Council date: June 2, 2003 Planning Commission Minutes 4 May 12, 2003 Staff presentation: Chair Chen noted receipt of several e-mails relative to the conflict in schedules with the City Council study session. She said the Planning Commission does not make the final decision; they are making recommendation to City Council and there is still time for public input, and discussion would move forward on the item. Com. Corr said from a process standpoint he was concerned with proceeding with the discussion of the application while interested parties were attending a conflicting meeting in the council chambers. He said they are often criticized for doing things that the public cannot comment on, and when there is a conflict in a schedule like this, they get criticism also. Mr. Piasecki noted for the record that because the City Council meeting was being held at the same time, an announcement would be made in the City Council meeting when the item was commencing so that those attending the City Council meeting could join the others in the Planning Commission meeting. He commented that the City Council meeting would likely go on for some time. Mr. Gary Chao, Associate Planner, noted corrections to the staff report. The applicant is Saron Gardens LLC not Prometheus; Page 1 of staffreport, project data should be corrected to read 7 - 2 story units and 48 - 3 story units. There is a memo containing a condition relating to the BMR units, staff is recommended that it be added to the use permit resolution and there are two correspondences received today from adjacent residents and one from a member of the Housing Commission. Mr. Chao reviewed the application as outlined in the staff report. He reviewed the General Plan, zoning, site analysis, architecture, tree removal, traffic, parking, school impacts, BMR units, resident relocation assistance program and comments from the neighborhood meetings as outlined in the staff report. Staff recommends approval of the negative declaration, use permit application, tentative map application and the rezoning application. Com. Wong inquired about the possibility of grandfathering the students into the CUSD or Fremont Union High School District if they were displaced to another school other than the one which they were presently attending. Mr. Chao indicated that staff would check with the school district, but if the Planning Commission felt it necessary or appropriate, a condition could be added for staff to communicate with the school district to see if they would be flexible in their policy to allow those children to be grandfathered into certain schools in the district. Relative to the issue of tenant relocation, Mr. Chao said that the applicant had a meeting with the tenants last week and since staff was not present at the meeting, the question would be deferred to the applicant. Com. Wong questioned if it was possible to push the BMR units up as they were virtually tearing down the entire building complex. Mr. Piasecki said that the applicant's input may be requested; if the Planning Commission feels that it is necessary to offset the policy in the General Plan that covers mitigating the loss of multi-family units, it is the Planning Commission's discretion to make a recommendation to increase that number. Relative to emergency vehicle access, Mr. Piasecki clarified that there is no vehicular access directly off poppy Way to the project. He said emergency vehicles can go into the project from either side and get out either side. Com. Miller questioned if the drainage requirements were the same as the last application reviewed. Mr. Chao said he was not certain of the drainage requirements for the last project, but the drainage study at this point was fairly conceptual and the Public Works Department will evaluate the more detailed drainage plan before the final map is approved. Planning comrmssion Minutes 5 May 12, 2003 Com. Saadati said he was also concerned about the children having to change schools. Mr. Chao said that the applicant has a list of alternate apartment complexes that the tenants could chose to relocate to, but was not certain if they were in the same school district. Com. Corr said that relative to BMR units, the development would have to generate 8 BMR units; what is being discussed is 8 plus an additional number of units because of the number of the added number of units on the site. He questioned what the total number of BMR units would be. Mr. Chao said that credits are given to the existing number of units, hence on the project site there are 39 apartment units and one single family home, which is 40 units total; so the entire project is increasing the total amount of number of units by 15 and the way BMR is calculated is based on the difference; 20% of the 15 additional units proposed by the project will go towards the required number of BMR units, in this case 30. Mr. John Moss, Prometheus, said he concurred with the information in the staff report and he would focus on three main issues, including the results of meetings with stakeholders of the proposed development; tenant relocation plan and parking. He clarified that they as the applibant were not the owners of Saron Gardens Apartments. The first issue of stakeholder was defining them as the neighbors of this project, city of Cupertino, as well as the residents of Saron Gardens. He said relative to the neighborhood, they felt they were proactive in soliciting neighborhood input in the early stages of the conception of the development, with formal notices to surrounding neighborhood, and neighborhood meetings. He said in general the reaction after adjustments were made to the plans, were fairly neutral or positive; and although they did not have 100% neighborhood support, they either supported or had people that were neutral as far as the project was concerned. In response to the concerns about building heights expressed at the meetings, the architects revised the plans and brought those homes down to two stories, resulting in a total of five homes that were reduced relative to height .and all of the homes planned on the site immediately adjacent to a single family homeowner are two story in height. Ones that back up to the multi-family units on Rainbow were internal to the project and are three story. Other issues raised were the construction noise, dust, and timing of construction, which are issues within the city ordinances and will be conformed with. He said they would have water trucks for the dust and will work within the timeframes permitted by the city. Other issues were privacy issues and related to landscape planting at the perimeter of the property and also fencing. Relative to the landscaping planting, Mr. Moss said that they planned on maintaining most of the mature landscape material presently on the site and planned to plant where there isn't adequate plant material now. Reconstruction of fences is also planned between the project and the neighbors at heights of 7 to 8 feet as requested by the neighbors. Relative to the pedesthan access to the property, Mr. Moss said that Prometheus supports the city's philosophy relative to walkability and pedestrian connectivity; however, only in sites they feel are appropriate. They do not feel that this site is an appropriate site for creating a pedestrian connection out from Rainbow Drive onto DeAnza, whereas it would be at other locations within the city. He said a concern was related to the safety of the residents purchasing the homes and having a pedestrian path going by their front doors, their back doors and down the alleyways where they drive. That access presumably of course is allowed during the day and also during the middle of the night as well when it does not seem appropriate for that use. He said he would appreciate the Planning Commission commenting on the issue and not having it as a requirement. He said favorable comments from the neighborhood meetings in included the fact that for sale units were being developed at the site; positive comments on the architectural style incorporated; the site plan layout; the landscape plan and overall the quality of the architecture. Planning Commission Minutes 6 May 12, 2003 Mr. Moss reported on the meetings with the city's design consultant and staff regarding the architectural style for the project, resulting in changes made by the architect at the suggestion of Larry Cannon. Meetings were also held with the other stakeholders, the residents of Saron Gardens apa~anents; and they were informed that it would be a minimum of 6 months before they would be in a position to break ground on the project and begin construction. He said the relocation plan was reviewed and the listing of available apartments was distributed and discussed at the meetings. Mr. Moss reviewed the relocation plan which is a result of the input of the planning staff and Housing Commission. He reviewed parking, stating that the city does not have a parking ordinance for this type of development. A parking consultant was asked to put together a study to review the subject in more detail, and looked at it in two ways; they looked at other studies in the Bay Area and at more than a dozen cities in the Bay Area, concluding that in average the requirements were 2.4 parldng stalls per unit. The proposed development is 2.8 stalls per unit. In addition they looked at it from the standpoint of what is the actual demand for parking for these types of developments in Silicon Valley; they looked at other developments similar in characteristics relating to the onstreet parking and lack thereof; they looked at 6 properties and concluded that the average demand was 2.47 stalls per unit which was in line with the zoning requirements for the greater Bay Area based on the cities reviewed. He reiterated that they were providing 2.8 stalls per unit. Relative to the BMR issue, he said it has been less than a year since Cupertino has revisited their BMR program; last year the City Council adopted the revised BMR program and within that program increased the BMR from 10% to 15%; they also reviewed the issue about existing residences that are rebuilt will be exempt from the BMR requirement and that was done consciously as well. He said their stance on that is there is a 15% requirement for the differential in units which translates to 2 units being at the BMR level; staff is recommending going from 2 units to 3 units which he said they were not comfortable with and have limited means to be able to provide an additional unit given the tradeoffs as far as the impact to the viability of the development like this. He said to go into some level beyond that clearly is not consistent with what the city recently approved nor consistent with the viability of the project. Mr. Moss addressed the school relocation issue, stating that their plan and hope is to clearly not have any resident that has to be relocated from their school. He said to the best of their ability, they would help to ensure that the students can remain in their current schools. He said the other schools in the school district are also top quality, and although they may not have the test scores as shown from Monta Vista, they are clearly top quality schools not only in the Bay Area and California, but also in Cupertino, and certainly would hope that it would be an unlikely scenario that somebody needs to move to an apartment that is not in that school area; but that it would not be considered a compromise as far as the quality of the school although it may be disruptive as far as relocation is concerned. He expressed confidence that there is an ample supply of apartments within Cupertino School District for residents to relocate at comparable rents. Relative to the coverage ratio question, Mr. Moss said he did not know what the existing coverages were; the fire department has the emergency vehicular access coming off Poppy Way as a requirement which he said he was agreeable to. He said the turf block alternative shown in the photo was acceptable as a solution to providing adequate access to emergency vehicles. In response to Com. Wong's questions regarding the pedestrian access and emergency vehicle access, Mr. Moss said that he supported the emergency vehicle access; but said that the pedestrian access did not appear to be of significant value and would be a concern for the residents of the property to have the public walking in front of their doorsteps. He said the topic having a gate which the fire department would need a key for to access in the event of emergency would have to Planning Commission Minutes 7 May 12, 2003 be reviewed with the fire department. In the event there was a requirement to leave it open and not gate it, he said they would not be opposed to that; but would not want to have a formal easement coming through the property, because of the liability issues associated with that. Mr. Moss also answered questions about building height. Mr. Dave Johnson, architect, stressed that the project was a collaborative process, working with staff, fire district, building officials, and the city's consultant. He said they had several meetings with all of the above and responded to neighbors' concerns, and felt they went a long way to meet what the city was requiring. He said the prototype for the community was a 19~' century style of town such as Mendocino, Carmel, Pacific Grove or Nantucket; houses that are close together and pedestrian oriented. He said it was captured not only in the site plan, but also with preserving existing trees and creating a small outdoor park for the residents, and also for the architecture designed to be more of cottage style in appearance. Responding to specific questions, he said they were willing to add trellises to the houses facing Poppy Way, and would lower the height of Unit D. He added that towuhouses and single family houses are not subject to the Fair Housing Act or ADA because multi-story units are exempted, hence there is no requirement for that in the project. Relative to the density or total number of dwelling units permitted on this property if built out to its ultimate, 70 dwelling units would be allowed on the parcel, at a density of over 17 units per acre, when in fact the proposal is for 55, at a density of 13-1/2 per acre. Chair Chen opened the meeting or public input. Rae Stevenson Norris, 7314 Rainbow Drive, No. C, read the following document into the record: "Two weeks ago we received notice from Prometheus Real Estate Group of their intention to acquire our homes, evict us, and build 55 three story densely packed single family houses. Many of us met with John Moss and Jeff White a few days ago on the evening of Wednesday, May 7. At this meeting they handed out the attached "Resident Relocation Program" and we all discussed it. The plan was fairly self-explanatory except for a provision conveyed verbally that "rental assistance" would only be available to those who rented a new place at higher rent that they're presently paying. After discussion many of us feel that the features of the plan offered are designed to induce smooth compliance with all Prometheus requirements. We further feel that the many conditions on receiving any assistance at all will predictably eliminate many of our forty families from the program, thus saving money for Prometheus. It is proposed that forty Cupertino families be evicted from their homes so that a great deal of money can be made off the property, under permits and approvals from city government. We believe it is the city government's responsibility to see that a relocation program designed for the good of the displaced families is included as a required part of the permitting process. We all live here because, for a great variety of reasons, Saron Gardens has been the best place for us. To be forced to find somewhere else to live brings up all manner of issues in our lives. It is a great stress for us. For all of us it involves costs, hard choices, and compromises in our lives that are not compensated or addressed by the proposed relocation program. The resulting disruption may lead people to choices that do not involve immediate leasing of another more expensive rental in Santa Clara county, thus rendering them ineligible for the biggest part of the assistance. Also the opportune moment to make the move may not be in the final sixty days which will begin when Prometheus decides. The prudent residents will begin seeking a new situation as soon as permits are approved and the property changes hands, or even before. Planning Corrmfission Minutes 8 May 12, 2003 Another issue for residents is the spreading out of relocation compensation payments over the following year. The Prometheus method requires that we submit copies of our new rental agreements and wait patiently and hopefully for our promised checks. We would have no clear legal recourse should they not come. It puts us in a position comparable to that of welfare recipients. At a later time we will be living separately and each have all the power of a single person faced with a multi-million dollar corporation and its own house lawyers. At that point all we would be able to do is come to the door with hat in hand and say "please". For these reasons we ask that you write into the permitting process a new relocation program, mandatory to Prometheus with the following provisions: Relocation assistance will be provided in a per unit lump sum payment, the amount which is based solely on present rent paid. Payment is to be due upon presentation of keys in accordance with the tenant's present rental agreement with Saron Gardens. All tenants presently renting at Saron Gardens are eligible and can move out at any time beginning now without sacrificing eligibility. Along with this payment will come payment of all outstanding tenant deposits made to Saron Gardens. Tenants with existing leases can end their lease early if they so desire. There are t be no conditions on how the relocation assistance money is used. Completion of these payments will then end the relationship between the resident and Prometheus with no further worries or mediations required. Residents may not be rendered ineligible for assistance based on a small technical violation of any of a multitude of conditions. In particular conditions of removal of personal belongings, having unit free from debris, and all fixtures intact provisions are susceptible to abuse and must be eliminated. Tardiness in move out due to hardship may reduce the allocated assistance as mediated by a third party without automatically ending all eligibility. The issue of removing personal belongings an debris fi.om premises about to b e bulldozed should be handled by Prometheus through the provision of all the free debris box service residents need to facilitate their move. Hitherto with one family moving out at a time this problem has been handled by existing dumpster service. This will not be adequate in the last sixty days. Requiring 40 families to get all discards to the dump themselves imposes an unreasonable burden. One major concern for many of us is the continuity of our children's education at Regnart, Kennedy and Monta Vista. We ask the city, in cooperation with the Fremont Union High School District and the Cupertino Union School District to guarantee the right of our children currently in these schools or scheduled to begin this fall to continue in their present schools and system until high school graduation. The obvious item missing thus far is the amount of assistance to be offered. The plan offered by Prometheus, for those they consider completely eligible, would be $500 for moving and up to $2,700 in rental assistance, for a total of $3,200. This amount must be viewed as a ceiling rather than a straight-on offer because many residents would end up not qualifying in whole or in part due to the structure of conditions in which the offer is framed. Predictably, this will greatly reduce the total payout Prometheus will make. We proposed for the lump sum relocation assistance payment described in point number one above a sum in the mount of three times the Planning Commission Minutes 9 May 12, 2003 existing Saron Gardens rent for the unit. Based on the average of $1,500 rent per unit, this would mean an average of $4,500 per unit for a total of about $180,000. This may seem like a lot of money. However, this is a large project in which a lot of money will be made. We are the people to be put out and distressed so that this can happen. A decent and respectful compensation plan for us is a normal and proper expense. At the May 7 meeting, Mr. Moss told us that the new units across Rainbow Drive from us have successfully sold for $650,000 each. He characterized the project they have in mind here would be higher quality and of a nicer, less dense layout. Also these units would not be practically hanging over the freeway as those are. So for round purposes, we guess a pr/ce tag of $800,000 per unit. This would produce a gross income for the project of 44 million dollars. The compensation plan we propose constitutes about four tenths of a percent (.41%) of this figure. We ask the city of Cupertino to act on our behalf to ensure that this plan be made a condition required for Prometheus to receive permission to pursue this project. We ask that it b e done in a way that enforcement will not be a problem for us. We will be happy to meet to discuss this further. We thank you for representing us as our lawmakers." John Guarino, 7308 Rainbow Drive, said he was opposed to the project, and agreed with the content of the letter. He said he was concerned that his two children would not be able to continue in the same school with the same friends and would be difficult for them. An ~nidentified male speaker said he concurred with the previous speakers. Sayyeda Rizvi, 7308 Rainbow, said she was opposed to the project and supported the document. She said she had two teenage daughters and they were at a critical age and did not want to leave the area and their friends. She said she wanted her daughters to be able to complete their education at Monta Vista High School; and requested that the tenants have more time, and stay at least until the end of the year. Anju Garg, 7308 Rainbow, No. 2, indicate she was opposed to the project, and said that her son attended Kennedy Jr. High, and did not want to move the children from their schools. She said she agreed with the previous speakers, and that they all were experiencing the same problems. Nam Sook Lee, 7316 Rainbow, No. A, said she had children in Regnart school and wanted to have them remain there with their friends. She said she felt the developers were interested in making money and not concerned with the children's education. Xuedong Wang, 7318 Rainbow, No. C, said that her daughter did not want to leave her friends, and wanted a guarantee that the children could remain in their current schools until they graduated. She noted she was opposed to the project. David Wang, 7308 Rainbow, No. 5, said he has resided in the complex since 1992 and the children were happy there because of the environment. He asked that the children remain in their same schools until graduation. Ying Yu, 7318 Rainbow, No. A, said she was opposed to the project, and agreed with the document read and hoped the new project would be affordable. She said she was also concerned Planning Commission Minutes l0 May 12, 2003 about her two daughters and that they stay in their present schools. She urged the Planning Commission to approve the proposed relocation plan. Michael Krein, 7308 Rainbow, #10, unit 10, said their units had garages, which the proposed project does not have. He said the garages are between the units and provide more privacy. He said it would not be easy to find a replacement unit within 60 days, and asked the Planning Commission to consider expanding the timeframe to 120 days or more. He said the cost impact is going to be about $3000 to $4000 to move; Prometheus has offered $500 and a 60-day timeframe. He said he was opposed to contributing a $3500 tax-like amount to Prometheus; and said he felt Prometheus should bear the financial burden of relocating the tenants. He indicated he was opposed to the project. Peter Azarenok, 7310 Rainbow, No. D, said he attends Kennedy Jr. High and does not want to leave the school because he has friends there. He said his family has moved three times and he worries that he will not be able to remain at Kennedy and then Monta Vista. He said if he moved he would not be able to ride his bike to school and having a bike would be useless. He indicated he was opposed to the project. Tom Dragosavac, 7308 Rainbow, No. A said the document is supported by 34 signatures and would have had more, but the document was drafted only the night before, and time was a factor. He said the enthusiasm and support for the alternate relocation program from the residents is strong enough that people are on board with it; they want it and need it, and he urged the Planning Commission to consider it. He said he learned that three months rent is state required when people are relocated because of the living conditions in substandard housing and they can no longer live there. He said the residents feel that amount is more in line with what they need, which could be a standard for comparison other than the standard followed in Campbell. Relative to the footprint of the project, he suggested that the Planning Commissioners visit the site and look at the one across the street; it may help flush out some of the data that has been passing through people' s ears. Ying Yu, 7318 Rainbow, No. A, was opposed to the project, and spoke on behalf of Judy Wu, who is concerned about providing a stable environment for her young children. She asked that the city let the children remain at Regnart school so they wouldn't have to be relocated. Trudi Wallick, 7390 Rainbow, No. l, said she was opposed to the project, and said her home was behind the proposed project and would be impacted by the construction, and the noise and the dust. She said the apartment residents stayed in the complex for a long time and it was important the children go to the same schools. She said she did not hear anything about meetings or the local neighbors; and would like to remain involved. She asked that she be contacted about the meetings. Vera Scott, 1320 Flower Court, said she has talked to the representatives of Prometheus repeatedly, and has maintained that the density of the project is too overwhelming. She expressed concern that the setbacks behind her property will only be 10 feet. She said Prometheus reps said they were planning to plant trees such as fern pine which should be fast growing, but with a 10 foot setback it was questionable that the future owners would be able to maintain large trees in their minimal backyards. She said she hoped the setback would be changed to 20 feet. She said they also discussed the windows in the two story houses and was told that the master bedroom would overlook her property; and she was asking that mitigation be required for the second story windows and also require a 20 foot setback along her property line. Planning Commission Minutes 11 May 12, 2003 Michael Savage, 7308 Rainbow Drive, #12, said he was opposed to the project, and expressed support for the document read earlier and also with some of what Michael Kline said regarding the garage units. He said they were difficult to find especially in the configuration of the garages between the units which provides privacy; the single stow unit has no neighbors above or below to disturb residents. He said he felt the move out compensation package was inadequate and urged the Planning Commission to consider the proposed compensation package Ms. Norris presented earlier. Ned Britt, 20850 Peppertree Lane, said he was in favor of the project; and sent an email asldng that the hearing be postponed since it was a controversial project, and everyone has spoken against some aspect of it. Since it was not postponed, he asked that the Planning Commission defer action on it to consider some of the proposals submitted and get more public input before action is taken. Robert Levy, 10802 Wilkinson presented an encyclopedia to illustrate that the issue has been a common event in history; history books reference the enclosure acts in England, where property was enclosed and all tenants were moved out so that the landowner could make a greater profit; which he said is the present situation. He said as far as the development itself, if they were tearing down 18 buildings in the Town Center and putting this development in there so there weren't people being relocated in the process, he might be interested in looking at one of the units, since being able to live close enough to shopping, city hall and the library would be desirable. Mr. Levy said that after looking at the plans he had questions such as where the furnaces were located, the emergency access from Poppy has big trees planted in it and was there enough room around the trees for emergency vehicle to get through. He questioned the BMR calculations; that if all tenants moved out tomorrow, and the developers came through and leveled everything, and left it for three years, before they had people moving in, would that then be considered 55 new units being built and consequently 15% of them would have to be BMR? Does the fact they are rebuilding them but not doing it in a cyclic fashion so the present tenants would move into the new ones, mean they are rebuilding at the existing 39 units; which he said did not appear to be the case. Relative to parking, he said it appeared that with single family units, normally the parking requirement is 4 spaces per unit. He said his impression was that there were 2.8 parking spaces per unit, and he wanted to see the place where the City Council said there was no change for BMR in resident units if rebuilding; but he felt it implied an insensitivity of the city and of the developer; and he said for the present tenants, it looks dreadful. He indicated he was neutral on the project. Siu Kung, 1319 Poppy Way, indicated she was opposed to the project, and said she was concerned about the project since they proposed to build 55 units, and that she felt it would be very congested. She illustrated an area that would protrude out; and she also questioned the emergency driveway and whether in the future it would become a regular driveway. She said there would be many children living in the complex, and her children were now on the waiting list for Kennedy Jr. High, and questioned how the city would accommodate that. She said the three story building would also impact her privacy as it would have a view into her house. Mr. Piasecki clarified that it was an emergency access easement which there are no improvements to make for a driveway coming out with this plan; and there would be no incentive on the developer's part to do that; the portion sticking out is because staff is insisting that the applicant preserve those trees. He said he was not certain where the alignment would be, but it will have to be far enough out to save the trees. Relative to the view from Poppy he said the speaker was correct that one would be able to look over the two stow single family homes and see the three Planning Commission Minutes 12 May 12, 2003 story home silhouetted. The street will be remain as it presently is, except that the curb will come back in. In response to Com. Wong's question if a wait list existed for Kennedy Jr. High, Mr. Piasecki said that the city could talk with the school district and communicate the residents' concerns about school attendance for their children, and stress the importance of keeping the children in whatever school they are presently in, to find out if the school district can accommodate those requests; but the city has no control over the issue. Yalan Mao, Whiteflower Court, said she was concerned about privacy issues and agreed with the speaker's view, and would like to have those borderline houses be 20 feet away and also consider the window placement changed for privacy. She said she expressed her concerns at the last meeting and hoped the city would support the residents. Alia Khodorkovsky, 7308 Rainbow, No. 7, said she had daughters in school and did not want to disturb the children by changing schools. She said that she felt $500 in moving costs was not enough, and that the residents did not have a lot of money to absorb the moving costs themselves. Maksim Likharev, 7316 Rainbow, No. B, said he agreed with the concern expressed about changing schools. Barbara Johns, 1272 Poppy Way, spoke in favor of the project, noting that she felt something would go in the lot next door, and hoped for a project similar to the proposed one. She said she felt it was an ideal layout, although she would prefer to have a park included. She said she liked the project and the developers had worked with her to listen to her concerns about the three story buildings, and reduced them to two story, and eliminated the side windows. Dennis Whitaker did not speak. An unidentified female speaker referred to the relocation package and asked what authority the city had relative to the proposal. Mr. Piasecki said he felt the city, ultimately the City Council, would have the authority to establish the reasonable requirements for helping tenants find comparable housing in the area, and relocation assistance; or to send them back to the Housing Commission to figure out what is a reasonable number. He said options for the Planning Commission include asking the applicant if they are willing to take a continuance to answer the first fundamental question if the school district is willing and able to accommodate those students through high school; if they are outside the district, it would be harder, but within the CUSD or FUHSD if the district is able to accommodate that, that seems to answer one fundamental question. Mr. Piasecki emphasized that the city does not have any authority with the school districts, they can only ask them. The applicant can address the issue if they would be willing to sit down and go through these points that were presented to them as well as the city. Some of the other issues were fundamental issues related to the project from surrounding property owners; the impacts are known, the visibilities are known, and they probably present some additional information on setbacks, how much trees are going to be retained, screen out these buildings, there are things they can do to demonstrate whether that is positive or negative. In response to Com. Saadati's request for clarification on the BMR, Mr. Piasecki said the BMR program is very definitive; it states a credit is given for existing units since the impacts have Planning Commission Minutes 13 May I2, 2003 presumably already been created; the net impact of the development is the net increase in the number of units. If the 15% was applied to the entire project, there would be a disincentive to do any redevelopment of any sites because of the high cost; each BMR unit in this category is probably a subsidy of $.5 million each, hence it is not inexpensive to provide BMR housing units, which are the current rules. He said the applicant has been working under that number; and staff has asked they increase it to 20% in deference to the policy in the current General Plan; that goes from 2 to 3 units, which amounts to $.5 million to provide that additional unit. Relative to the question if the existing project was demolished entirely and lay fallow for a couple of years, he said he would refer to the BMR manual to see how it is handled. He said there may be a certain amount of time given for credit for existing units. In response to Com. Saadati's question if it had been applied to other development, Mr. Piasecki recalled the small project on Rodriguez with two existing houses that received credit for both from the BMR and also from the standpoint of the park dedication fees, another fee that is credited based on the existing units. He said it was not a frequent occurrence. He noted that there was another possibility of the Villa Serra apartments doing something similar, the owner has withdrawn that request temporarily, and that would be treated the same. Mr. Piasecki said that a previous speaker's reference to the state requirements for three months of rent subsidy, was applicable to when low income tenants are forced to require to leave a deficient unit in terms of livability standards. He said he was not familiar with that standard, and would investigate it further. Chair Chen closed the public input portion of the meeting. Com. Saadati said he understood the concerns raised about the schools and noted the school session is ending in approximately a month. He said he felt it would be appropriate to continue the item and ad&ess some other issues and find a middle ground. He said he also had two children and said the impact on the children is the important thing to consider when considering moving. The community has stressed a lot of emphasis on the impacts, yet the developer has fights also. Com. Saadati said the development is pleasing, denser, has for sale and for rent housing which is consistent with what the developers are encouraged to provide. He said he was hopeful that continuing the item would allow time to resolve many of the issues. Com. Corr said that staff was correct that the Planning Commission and city does not have control over the school districts; there are two different school districts to deal with and operate independently from one another. He encouraged communication with the school districts to see the project goes forward, and if some consideration could be given to those parents of the students to continue to attend the schools they would like to attend. He said he also felt that depending on where a family ends up living, it will have a greater impact on what school they want to go to than just the particular channel they are in right now. Because if you move far away; it isn't convenient to go to school clear across town; you would ~ather go to school in the neighborhood where you are and where your friends and neighbors are going; which is what they are doing today, so it would be wonderful if all these families would be able to relocate within the attendance area they are in. There are not a lot of apartment units in the Regnart attendance area but the people in this community in that area tend to want to get into that channel taking them through Kennedy to Monta Vista High School and there are a number of options that would allow them to do that. He said the comments heard related to the tenants, the existing conditions and the relocation problem, not to the project itself. Some people spoke against the project in terms of the 10 foot setbacks, but otherwise felt the project was an attractive looking project. However, there appears to be a Planning Commission Minutes 14 May 12, 2003 perceived problem regarding communication with the residents and their just being brought into the discussion. He noted that there have been meetings with the Housing Commission and a number of discussions about how to work out a relocation plan, but they didn't involve the people who were involved, but involved those at other levels. Com. Corr said he supported the notion to take more time to work with the community of people to talk about what the provisions of the relocation plan ~vould be. The BMR discussion was accurate; those are the roles, and although he would like to see more units, he would support it. Relative to the parking issue, there has been discussion that when there is planned development or mixed use development, there is no particular updated parking ordinance for that. There is a need for one and he said they should move in that direction. Com. Corr addressed the issue of the pedestrian access, stating that the street could log/cally go through the development and would be like any other neighborhood in the city with a street passing through, with people walking up and down the street. He said there is a problem if it is considered an enclave and does not go in there. He said he supported the plan as proposed. In terms of the comment about the village green, he said the .61 acres is open space and not large enough to consider a park. Com. Corr said that in conclusion he supported what was happening, but felt more time was needed to work with the community and work out some of the issues. Com. Wong said he was in favor of continuing the item; and expressed his appreciation to the applicant and the public for providing their input. He said it was clear there is a concern about the schools and relocation plan. He said the project itself is well designed, and he felt that they could work with CUSD and FUHSD and see if they could accommodate the 24 elementary school students and the 6 high school students. He said he understood the residents' feelings as he had a daught~ who would evcmtually attend Cupertino Middle School and Homestead High. Relative to the parking, he said he concurred with Com. Corr that there should be a policy regarding parking in planned developmc'nts and mixed use developments. He said he felt that for three and four bedroom units there would be at least two or three cars, and 2.8 was not practical, and would be pleased if more spaces were added. Relative to tenant relocation, it is a difficult situation and he said he understood why the applicant waited until the last minute because having to be relocated is a very touchy subject. Now that the residents are aware, he said it would be beneficial to have them provide their input to the Housing Comm/ssion because their lives are being affected and they disagree with the current relocation plan. He said he hoped they would send e-mails and send more suggestions to city staff and suggest ways to improve it. Relative to the BMR, the plans are already set, and although he wished it could be changed, an entire complex is being demolished and building a brand new one, and even though the applicant bumped it up to three, he said he still found it difficult. He said he differed from staff relative to emergency vehicle access; if emergency access is needed, that is fine. Pedestrian access should be closed off at it is private property. Com. Wong urged the applicant to work with the residents on Wildflower and Poppy as well to address their concerns. He said he was moved by the public input and understood their concerns, especially the student Pet~ from Kennedy Middle School. Com. Miller said he supported a continuance of the item, since there were many unresolved issues that need to be resolved before moving forward. He said the overriding issue is what happens with the relocation plan and where people go. Kennedy Middle is a problem, which is why they are dividing the district up, hopefully relative to the elementary school and the high school. He said he concurred with other Planning Commissioners' comments; it is unfortunate that the meetings did not take place sooner with the residents since it is clear that these issues might have been solved sooner. He said the project was a well designed project and he liked the architecture; the circulation flows very well, and given that it is tight space, it still has lots of landscaping and open space and the design of the buildings are such that you don't feel closed in. Relative to the Planning Commission Minutes 15 May 12, 2003 pedestrian access, he said he was unsure since he understood the walkability issue, but felt it would not be a major effort to go around the project to get from one side to the other and it is not clear why people would want to walk though the project in the first place. Com. Miller said he was also sensitive to Com. Wong's comment that it is private property, which was not the same as a single family neighborhood where the streets are not private property, but are public property. He said he was in favor of the project, and relative to the concept, would like the applicants to work with the residents more and with staff in terms of resolving some of the issues. Chair Chen said she liked the project, which was well designed, and also provides the BMR units the community needs and also increases the number of houses. She said she welcomed the project to Cupertino. She expressed concern about the pedestrian path being open to the public, noting that it was private property and there would be a liability issue. She said she was also concerned about the school issue and the setbacks which should be addressed as well. Chair Chen said she supported continuing the item to allow the applicant time to work on outreach solutions. Com. Corr said that following dp on Com. Miller's comments about the involvement of the community, he felt the developer should be commended. Some issues have come up where the residents said they didn't know what was going on, and Com. Miller made the comment that this is an incomplete process and the last group has just been involved and more time is needed for that. He said the applicant has been a good job in involving the greater community, but that it is just not finished yet. Com. Miller said he was not implying that the applicants had not done a adequate job on outreach to the community at large, but he was aware that it took place, and he concurred with Com. Corr relative to the issue. He said it was unfortunate that for whatever reasons, the residents weren't involved sooner. Mr. Moss said he was agreeable to continuing the item to address the issues further. Relative to the school issues, he said the relocation plan could be revisited as well. He said he preferred if possible to segregate those two issues from the issue of the project relative to the site plan, architecture, density and other typical issues and have them reviewed at another meeting, and vote on the other issues this evening. The school and relocation issues could be discussed at another meeting. Mr. Piasecki said the fundamental other issue is the setback issue, which needs further study. The suggestion discussed is a radical change to the plan and requires certain removal of the driveway and the concurrence of the fire department. If the applicant also wishes to remove the pedestrian connection, it should be taken out and staff would recommend denial of the whole project on that basis. He said he had a problem with developments like this, if pedestrian access through there can be provided, if it is intended to create enclaves, staff would rather put public streets in these situations so that people feel more comfortable with the conventional public street access arrangement. He said staff is flexible and tries to accommodate the project and then they want to be turned into an enclave and he said he felt it is not good for integrated projects with the surrounding fabric of the neighborhood. Mr. Piasecld said he felt strongly about it but was not opposed to putting hours through which one can walk through there, such as daylight hours only which is what is done for parks in some cases; but to completely eliminate it would be the wrong thing to do. He said staff would recommend denial of the project in that case. He said he would like the opportunity to go back and restudy the setback issue. Planning Commission Minutes 16 May 12, 2003 MOTION: SECOND: VOTE: Corn. Wong moved to continue the application to May 27, 2003 Planning Commission meeting Com. Corr Passed 5-0-0 OLD BUSINESS: None NEW BUSINESS: None REPORT OF 'I'HE PLANNING COM2VIISSION: Environmental Review Committee: No meeting held since the last report. Housing Committee: No meeting held since the last report. Mayor's Breakfast:. Chair Chen said she would attend the May 20th meeting. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki reminded those present of the joint study session with the City Council on Monday, May 19th at 5:00 p.m. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: The meeting was adjourned at 9:50 p.m. to the joint study session with City Council on Monday, May 19th at 5:00 p.m. Respectfully Submitted, Elizabeth Ellis Recording Secretary Planning Commission Minutes 3 May 27, 2003 PUBLIC HEARING ' Chert moved the agenda to Item $. icant: CP-2003 -01, EA-2003 -02 Civ Citywide Capital Planning Continued consistency with the General Plan appealed zg of May 12, Staff presentation: Mr. plan for 2003-04 consists and completing the modifications Stevens Creek Boulevards. He $1.2 million is general fund money, million, approximately $1 million is streets which is the maintained because it covers what maintenance of effort that qualif management funds that would Public Works i said that the capital improvement f projects under such as the library, civic center sports c and civic park at the comer of DeAnza and is about $3 million of which being grants or special funds. Of the $1.2 management program which is listed under 9400 seals done on city streets each year. It has been the year, and more importantly it is a city ~ for T21 funds and other types of payment [.5 times their ability to do that work. Chair )ublic input. There no one present who wished to speak. MOTION: Com. moved that Applications to 2007-08 SECOND: ABSENT: Com. Saadati VOTE: Passed 4-0-0 3-01 and EA 2003-02 were in Improvement Program Chai~ Chen moved the agenda back to Item 4. Application Nos.: Applicant: Location: TM-2003-01, U-2003-02, Z-2003-01, EA-2003-03 Saron Gardens, LLC 7310 Rainbow Drive, A-E Tentative Map to subdivide a 4.03 acre parcel into 55 residential parcels and one common parcel. Use Permit to construct 55 single family residences and site improvements on a 4.03 acre parcel Zoning to rezone a 4.03 parcel from (PR3) to P(Res) Continued from Planning Commission meeting of May 12, 2003 Tentative City Council date: June 16, 2003 Staffpresentation: Mr. Gary Chao, Assistant Planner, reviewed the background of the application and said that relative to the relocation program, staff received a letter and a revised relocation plan from the Saron Gardens resident association, stating that the residents did not support the relocation program presented to them at the residents' meeting on May 22'd. Mr. Chao reviewed the major changes in the revised relocation plan which was distributed. He reported that Planning Commission Minutes 4 May 27, 2003 Prometheus will now provide a garbage dumpster to facilitate the disposal of residents' debris from their property; and the relocation allowance has been increased to a lump sum for each resident equal to three times the monthly rent being paid at the time of relocation. Staff has reviewed the revised relocation plan and recommends that the Planning Commission adopt the revised relocation plan dated May 22nd as part of the project. Relative to the concerns about the setbacks, the applicant has revised the site plan to allow two of the end units to have 20 feet side yard setbacks instead of 10 feet originally proposed. Mr. Chao reviewed the revised site plan; school impacts and meetings with the school districts; and pedestrian path as outlined in the staff report. Mr. Chao clarified that the school districts could only accommodate students that live in Saron Gardens past December 2003, and only applies to elementary students and high school seniors; not Kennedy Jr. High students because it is over capacity at present. He said that the tenants will receive a refund of their deposit and the three months rent at the time they check their keys out. Com. Corr suggested that the residents be given the names of contact persons in both school districts to contact relative to the school attendance issues. Mr. John Moss, Prometheus, said that they revised the relocation plan in response to the residents' input. He reviewed the changes in the relocation plan. One change was the removal of the condition that the tenant would have to relocate within the County of Santa Clara; now the tenant can move anywhere and still have the benefit. Prometheus also removed the condition that the tenant could only receive the assistance if they moved to another rental property where the rent was greater than the present rent; the tenant can now move to a lower rent and still get relocation assistance. The monetary assistance was originally going to be spread over several months; that has been changed to one lump sum at the time the tenant moves out of the apartment. The 60 day notice provision has also been eliminated; as soon as Prometheus becomes the owner of the property, the residents would be entitled to the benefits at any time they would move out. Relative to the school issue, Mr. Moss said that the applicants had been proactive to set up a meeting with both school districts, their preference was to be able to grandfather in the schools that the residents' children are attending now throughout their tenure; however, the school districts clearly communicated their position on the subject. Mr. Moss said that was understandable from his viewpoint, given the fact that they have people coming to them on a daily basis with the same type of request. He said they provided a list of available apartments with a list of schools associated with each rental property. He reiterated that ail the schools in Cupertino were excellent schools. He said relative to the parking issue, they looked at trying to create as much parking as possible, resulting in a net increase of 2 parking stalls by eliminating the road shown before; noting that the only reason the road was there before was the assumption it was needed for fire access; and after meeting with the fire department, it is not an absolute requirement of the fire department. Relative to the setback issue, Mr. Moss said they met with the neighbor most impacted, and the change was favorably received by the neighbor. The pedestrian path was discussed before, and given the concerns stated in the staff report, the pedestrian path is an acceptable part of the application. Mr. Moss said he felt they had reasonably addressed all of the issues. The neighbors they met with over the last 8 months have created a number of changes shared previously, and he said he still felt the majority of the neighbors were either neutral regarding the project or were in favor of the project. Mr. Moss said that the new tenants would be informed what the plans for the redevelopment are, and would not be eligible for the relocation program. The prospective tenant would make the decision as to whether they would want to move in under those circumstances. Planning Commission Minutes 5 May 27, 2003 Com. Wong referred to Page 4-7, stoop height of unit type D, and asked for feedback on the concern of the design issue. Mr. Chao said that Unit Type D, as it appears, is higher than other unit types, and if one is standing at grade level, it is at head level; therefore staff is suggesting a condition that the applicant revisit the design of those units and in particular all the Unit Type Ds to see if they can lower it to a more pedestrian friendly height, so that the first thing seen is not like the top of the landing on the entry landing. Mr. Piasecki said that the applicant believes they can accommodate that. Mr. David Johnson, Christiani Johnson Architects, said that the height was set at 6 feet for some internal planning reasons, but there is no practical obstruction to lowering the height to be more in keeping with the other units and they would work with staff to find a height they are comfortable with. Chair Chen opened the meeting for public input. Mr. Dennis Whitaker, 20622 Cheryl Drive, asked if the heights were still 36 feet from the base, and what the per-acre density was. Mr. Piasecki said the density was 13.6. Mr. Whitaker said the biggest concern he had was not with the developers and the plans, but with the Planning Commission and City Council and their quest to retain as much BMR as possible. He said he felt that the primary reason for the families with children living in that area is to stay within the specific school system they selected. He said he hoped that the city government would show the concerns and consistencies with all the developments and the BMRs by giving decent considerations prior to displacing the families and make certain that those families desiring to stay in the specific elementary middle school and high schools would be able to. He said those not concerning themselves with staying in the specific areas should not face financial burdens now or in the future for being forced to relocate. He said he felt the developers had done a good job in offering the financial assistance. Relative to the BMR program, he questioned if people in the future are forced to relocate from a development, would they be able to become a top priority on the waiting list for BMR housing, to specifically stay in the school districts where they are at. He reiterated that all five schools in the high school district were top schools, but noted that some had a higher ratio of students going on to college. He urged the efforts to continue toward allowing the students to stay in the school they are attending. Ms. Trudy Wallick, 7390 Rainbow Dr., #1, reiterated Mr. Whitaker's remarks. She questioned the grading as she resided behind the apartments, so that the people behind won't get swamped with more water. She encouraged more dialogue with the school districts about displacing the children since the residents were being forced to move out of their apartments. Mr. Piasecki said that the speaker could talk with the applicant's architect regarding the grading. He said they would have to meet all the normal standards, and would not be able to drain across the neighbor's property. Mr. Tom Dragosavac, 7308 Rainbow Drive, #A, said he was speaking on behalf of the resident association, and thanked Prometheus for responding to the residents' revised relocation plan they submitted for consideration. He commented that since there was no letterhead or signature on the printout from Prometheus, the residents questioned what guarantee they had. He said he has assured those concerned that he would make certain that the version of the plan included as a condition of the permits is identical to the version the residents had in their possession. Mr. Dragosavac said there was also concern about the date that the property would change hands; Mr. Moss indicated that the property would change hands 30 days after City Council approval. Planning Commission Minutes 6 May 27, 2003 Regarding the schools, he said he was hopeful that the Planning Commission and City Council level of concern would be strong on the residents' behalf with the school districts, since the school districts would respond to high levels of concern expressed by their fellow institutions. He said on his own behalf he was expressing concern about a comment made weeks earlier about the Planning Commission's remarks that they were grateful to Prometheus for providing owner occupied housing in order to displace rental housing. He said all the people living in rental housing in Cupertino should be informed if it is a policy to eliminate their residences in the long term and invite developers to eliminate rental housing in favor of owner occupied. He said it becomes a political question, and when the demolition of owner occupied housing is used as an excuse to no longer build the BMRs that someone said should be built, it compounds the problem of affordable housing. He said it did not make sense that affordable housing is being eliminated and less affordable housing is being provided, because the affordable housing is being eliminated. Ms. Rae Stevenson Norris, 7314 Rainbow Dr., #C, requested assurance as a condition of issuing building permits to Prometheus that the City Council certify that Prometheus has fulfilled all of the conditions listed in their relocation plan. She said that relative to the district agreements for Regnart and Kennedy students, during the next school year the Saron Gardens complex in Cupertino in the Regnart and Kennedy school area is being tom down to make way for construction of houses on the property. The residents of Saron Gardens are being forced to move out. She said it is very difficult to find a new apartment in the RegnartJKennedy area; not many complexes exist and these have very low vacancy rates. There are 13 children in this apartment complex attending Regnart Elementary School, ranging from the first to the fifth grade, and three children that attend Kennedy middle school and plan to attend Monta Vista in the next year. She said they are asking that their families be given passes and continue to attend those schools; as well as the four children in the complex who attend Monta Vista and three children who attend currently Kennedy Middle School and plan to attend Monta Vista in the next year if they rent an apartment anywhere in the two districts. She asked for the support of the city officials for this request and said she hoped to meet on this matter with the city and the district officials in the very near future. Ms. Tatiana Azarenok, 7310 Rainbow Dr., #D, said that many concerns had been discussed at the city hall meeting two weeks ago about new relocation plans, school problems, etc. She said she had planned tO stay in the complex because of the excellent schools. She said the complex was well maintained and well managed, and 16 units have garages which are hard to find. She said she felt the property was not a good location for 55 new homes because of the high density, and she felt that destroying the buildings and forcing 40 families to move out was not a well thought out plan. She said Cupertino had a lot of empty spaces that remain undeveloped for many years. She invited those present to find time to visit Saron Gardens and then consider if it is a good idea, and is it really necessary for the city or for adjacent neighborhoods. Ms. Khushroo Shaikh, 11640 Wildflower Ct., said she lived next to the development and said she was most impacted by the development. She said she discussed her privacy concerns with Prometheus and she was pleased with their approach and that they were willing to work with her on the problems. They have revised the plans to allow privacy in her bedroom and not have the house so close to hers. She said the plan was a good plan and would be an asset to the neighborhood and to Cupertino. She said she had a concern about allowing a pathway through the property and said if it was necessary to have a gate at the pathway so that people are not lingering in the area. Planning Commission Minutes ? May 27, 2003 Chair Chen asked staff for clarification on the request for the relocation plan being part of the permit. Mr. Piasecki said that the applicant has to demonstrate that they met the conditions of approval that must be met prior to the issuance of building permits, and the relocation plan would be one of those conditions staff would evaluate. He said it is possible that they may be in a situation where they are requesting permits and they have one or two remaining tenants who have set dates when they will be relocating, and staff would hold those permits until they have successfully relocated those tenants or paid the three times rent that has been discussed. The city will follow through on the conditions of approval. He said the building permit process is a public process and the public can review the records. In response to Com. Corr's and Com. Wong's questions, Mr. Piasecki noted that the date referred to in Condition 14 should be changed to May 22 and would be reflected in the model resolution. He said that the names of the contact persons at the school districts would be made available to the residents. Mr. Piasecki said that the pathway would be lighted. Mr. Chao noted that the lighting of the pathway issue is part of the condition of approval. Mr. Moss clarified that the contract with the owner of the property allows the applicant to close 30 days after the approval should there be approval by the City Council. Mr. Piasecki clarified that there was a rezoning action taking place which calls for a second reading by the City Council and then the rezoning doesn't become effective for 30 days after that. Depending on how their contract is worded or what level of assurance they have from the first reading, second reading and the 30 days, they want to start that clock at a different time period. Mr. Moss said that the relocation plan would become effective when Prometheus takes possession and ownership of the property, potentially 30 days and 2 weeks (for second reading) after the City Council meeting of June 16th. In response to Com. Miller's request for clarification on the BMR program, Mr. Piasecki said there was no provision currently in the BMR program manual that would make an exception for the case. He said they could pass the comment to the Housing Commission the next time they address the BMR program and can relay it to the City Council when this item comes up to them. Should the Council wish to consider such a change, there is a waiting list for the BMR housing and that would have to be considered. Relative to the school district issue, Com. Miller said that there would be a time lag between when the residents move out and when units are available for new residents and new children to move in and replace them in the school district, and it would be up to a year or 18 months. Perhaps the school district might have some flexibility given the fact that they are not going to be overburdened by additional children by allowing the present children to continue to stay for some period of time, until the new units at a minimum are filled. Com. Miller referred to the earlier comment from a speaker that the Planning Commission had stated a preference for units for sale vs. rental units. He said that he did not make such a comment, and felt that the city needs a good combination of rental units and for sale units and he said he felt there was not an intent to get rid of rental units and add for sale units. He said it was important that the city has an appropriate mix of both rental and for sale units. Com. Miller said he was pleased a~d impressed with the level of community outreach that the applicant has accomplished. The community and the stakeholders have participated at a professional level and come to a reasonable solution given circumstances and everyone's position. Planning Commission Minutes s May 27, 2003 He said he felt the project was a good project and would be an asset to the city; and said the loss of some rental units was unfortunate, but those issues happen as a function of the marketplace more than a function of direction by the City Council, Planning Commission or staff. Mr. Chao referred to Condition 4, relative to decorative pavers. He said that the applicant ~vas concerned with the interlocking paver requirement for economic impact reasons. The interlocking pavers are more environmentally friendly, and it is the city's objective to maximize onsite storm drainage retention. If appropriate and approved by the Planning Commission, the condition could be revised to state that either interlocking pavers or other special pavement materials that looks like or feels like pavers with water permeability shall be used and to be approved by the Design Review Committee. Mr. Piasecki said that the issues were the aesthetic issue, wherein the interlocking pavers have texture not available with stamped concrete; what the staff is interested in is the aesthetic issue and the permeability issue. It is problematic to put pavers on sand on driveways because the first heavy truck that goes over it impacts it and it cannot be compacted enough. Staff feels that stamped concrete could be utilized, but some level of water permeability is needed, such as drains or holes drilled into the structure. Staff suggests the wording in the last line "...interlocking pavers, or other material that looks like interlocking pavers, with water permeability." Com. Wong said that he supported the project. Relative to the comment about rental vs. for sale units, he said in his nearly one year on the Planning Commission the project has been one of the hardest decisions he has made, since it will displace 39 residents. Regarding rental units, being a property manager, he said it was private property and they own the piece of property which the residents are renting. He said he has been to Saron Gardens many times and feels that it is a rough jewel in Cupertino that needs a lot of work; and said for the age of the building the tenants are paying market rate rent for that type of building; and it is located in a nice neighborhood. Com. Wong said he felt that the applicant worked hard with the residents to provide a good relocation package; and did a fine job in removing many of the clauses and also working with the letter given two weeks ago. He said Prometheus gave a lot and satisfied many of his concerns. Relative to the school issue, he said he requested the grandfathering of the children and the applicant made a good effort with staff to talk with both CUSD and FUHSD. He reiterated that all of the city's schools were excellent and it is the parent's choice that they want a particular school; if the tenants are relocated the applicant with do their best to see if the children can be relocated in the schools as well. Regarding the parking issue, he said he appreciated staff and the applicant trying to get two more spaces. He said his previous comments regarding the pathway remained the same; he said he was in favor of lighting on the pathway to address the safety and security issues. Relative to design, he said for a tight space they had a lower density compared to what they could have proposed. They could have also put in for rent and for sale apartments and increased the density. He said he would like to see the letter as a condition of approval to guarantee it. Com. Miller said he supported the project as his previous comments indicated. Com. Corr said that there were four issues remaining from previous meetings: the relocation plan, the setbacks, the school impacts and the pedestrian path. He said he was pleased that the issues were resolved and the application was presented back to the Commission within the two week time period. He said he wished there was a better resolution to the school issue; everybody really gets involved in the schools their children attend, and they want to stay there which is understandable; however, it is not in the purview of the city to make that decision. By working with Prometheus and getting the names of the people in the districts to talk to, hopefully it may help with the issue. Relative to the issue of the for sale and rental units, he said a number of rental Planning Commission Minutes 9 May 27, 2003 properties have come through lately, and the Planning Con'm~ission is then questioned about approving ail the rental units, and asked why not have more for sale units. From that standpoint, the Planning Commission is pleased to see one come through, but it was not from the standpoint of saying they do not want to have rental housing in Cupertino, as it is crucial to Cupertino. Chair Chen said she concurred with the other commissioners that the project was a very well planned project; and was pleased that all the issues were resolved in such a short period. She said she concurred with the change staffproposed to give flexibility to the applicants when it is time to build the project. Chair Chen said she strongly supported Com. Corr's suggestion to provide the school contact persons to the tenants; and also to change the date to May 22"a on Condition 14 for the tenant relocation program. MOTION: SECOND: ABSENT: VOTE: Com. Miller moved approval of Application U-2003-02, Z-2003-01, EA-2003-03 and TM-2003-01 in accordance with the model resolution and the suggested changes. Com. Corr Com. Saadati Passed 4-0-0 Application Nos.: Applicant: EXC-2003 -01, EA-20( Li-Sheng Fu APN 342-22-045 Road Hillside Planning to construct a 4,245 for tandem parking n decision residence on slopes greater than 30% and a of May 12, 2003 Staff presentation: Mr. for the hillside exception vacant lot, as outlined in Preservation of the building and roof Geologic conditions; activities plan. was condition possible flows and He COlT Planner, reviewed the background of the application of a 3,210 square foot residence on an existing report. He reviewed the following project issues: (I) the area; (2) Design of the project, including setbacks, simple colors; ' ' wall heights; (3) Privacy landscaping needs; (4) (6) protection; (7) Storm drainage; and (8) Construction site plan, second floor plan, elevations and landscape the hillside exception. the condition relative to n&ockage of Mercedes Road during construction He also noted that drainage wash~t covered. Mr. Jung said that there was a not impeding Mercedes Road. Rela~ to the drainage issue, he said that a t was to install a french drain at the ba~Nof the driveway, which captures the lead to a drainage inlet that could convey it'K~t to the designated drainage swale. Page 6-10, Condition 10, contained verbiage stil~g that emergency access along Road shall not be impeded. referred to the drainage, and said--it was --his understanding that drainage before the same as after construction. Ms. Wordell said that it was not yet a legal ADAC Laboratories 5/23/03 10:20 PAGE 1/10 RightFAX To: Cupertino Planning Commission From: Saron Gardens Resident Association Re: Prometheus' revised Resident Relocation Plan Date: May 22, 2003 We, representing the Saron Gardens Resident Association, want to express our appreciation a~d support for the new revised Resident Relocation Program presented by us by Prometheus today, 5/222/03. A copy is attached, we hope you will include this exact plan as a condition of project approval. We are yet to be included m dmcnssmn rcgardmg our children s schooling. As an Association we will be looking to meet soon with city officials and represenlatives of the school district to discuss our chfi&en s futur in the Cupertino schools. Sincerely, ADAC L&borstories 5/23103 lO:Zu ~AUL z/±u ~lEn~raa Resident Relocation Program For Satori Gardens Redevelopment May 22, 2003 Prometheus is seeking approval to redevelop the existing Saron .Oardens Apas tments into 55 detached single-family homes. Saron Gardens Apartments includes nine apartment buildings, one house, on-grade parking, a swimming pool and a small open space. There are 39 apartments and 1 single-family house on the property. Prometheus values its residents and wants to keep them informed about the proposed project. In order to make the transition as smooth as possible for the residents, Prometheus has prepared this Resident Relocation Program. The Program includes the elements explained below. Resident Relations Manager Prometheus will have a Resident Relations Manager on-site prior to the start of construction to work with and assist the residents during the relocation period. The Resident Relations Manager will be able to proactively work closely with residents to provide information and quickly respond to resident issues. Informational resources such as apartment listings, moving company listings, and information on how to qualify for BMR units will be made available to re~i'dents. Prometheus greatly values it customers and wants to make sure their needs are met and their issues are resolved. Notification Prometheus will meet with residents prior to completing the entitlement process to provide an overview of the project plans and timeline. Promethe. ns also plans on communicating with residenLq regularly regardh~g the specific dem/!s uf the proposed project after ~he entitlement process. During this early notification process, the Resident Relations Manager will work closely with residents to provide specific information about other apartments in the area, moving supplies, truck rental, moving companies, and storage facilities. This early notification will allow resid~uts to prepare and be organized for their relocation. In order to provide residents adequate time to find alternative housing, Prometheus will notify each resident with at least 60 days notice in advance of the required move out date. ADAC L~borgtories 5/23/03 10:20 PAGE ~/10 HightrA~ Refund Deposit Prometheus wants to refund security deposits to residents as quickly as possible. A check for the security deposit will be available at the leasing office on the scheduled move-out date. Prometheus will refund security deposits at the time of move-out, provided the fe.,,~lowing criteria are met'. rent must be current., and the apartment.~ must. be. vacated, on or before the scheduled move-out date. In addmon, all personal bel'6ngmgs and debris must be removed from the property and fixtures of the apartment shall not be removed. Prometheus will be reasonable in its evaluation of resident's compliance with these provisions. Provided the previous criteria are mcti the deposit check will be given to the resident when they return their keys to the leasing office, as opposed to being mailed within 21 days. In addition, if the previous criteria are met, Prometheus will waive cleaning charges. Dumpsters will be provided to facilitate the disposal ofresident's debris from the property. These dumpsters shall not be used for the disposal of any items for non- residents of Saron Gardens. Relocation Allowance At move-out, each resident will be provided with a lump sum relocation allowance equal to three times the monthly rent being paid by that resident at the time of relocation. All · residents that move out within the timeframe defined in this relocation program and afrer the date that Prometheus acquires Saron Gardens Apartments are entitled to this relocation allowance. The only conditions on receiving tiffs allowance are those stated in this Resident Relocation Plan. Dispute ResOlution " · In the event that a dispute raises regarding the implementation of this program, the dispute shall be resolved through mediation. The City of CupeFdno and Prometheus will mutually agree upon the selection of the mediator. ADAC Lgbor&tories 5/23703 10:20 PAGE SARON GARDENS RESIDENT ASSOCIATION We, the undersigned, hereby associate togcther under the name of Satori Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Saron ~ardcns 2. To secure a decent and helpful rel°ca, ti°n-assis .mnc. e' pack.,a[-e. al°--ng Ih.e, lines ,,r~ ,,ronosed on May 12 to the Planning cormmsmon, antt ~..try ~.ounc. n . . 3. ~ ~c~e };r our ¢~ildren in ~e pubhc schools the right to continue m me= present schools and system until gradua6on, without being ~=prlved offfJs by a forced relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, we appoint a steering committee of the following six residents to speak and act on our behalf with all parties concerned. 1. Tatiana Azarenok, 7310 #D, 996-3216 2. Tom Dragosavac; 7308 #A, 77%0194 3. John Guarino, 7308 #15, 253-6493 4. RaeNorris, 7314 #C, 252-1193 5. Michael Savage 7308 #12, 253-6493 6. Ying Yu, 7318 #A, 366-0461 ADAC LAborgtories 5/23/03 10:20 PAGE 5/10 ~ightk'A× SARON OARDENS RESIDENT ASSOCIATION We, the undersigned, hereby associate together under the name of Saron Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Saxon Gaxdens 2. To secure a decent and helpful relocation assistance package along the lines we proposed on May 12 to the Planning Commission and City Council 3. To secure for our children in the public schools the right to continue in their present schools and system until graduation, without being deprived of this by a forced relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, we appoint a steering committee of the following six residents to speak and act on our behalf with all parties conoemed. 1. Tatiana Az~renok, 7310 #D, 996-3216 2. Tom Dragosavac, 730g #A, 777-0194 .3. John Guaxino, 7308 #15,-~x~3"6'69-3' 'iql,-- 4. Rae No~s, 7314 gC, 252-1193 5. Michael Savage 7308 gl 2, 253-6493 6. Y~g Yu, 7318 ~A, 366-0461 ~' ~'kZt''~ ~. ,...;., ~ 5, ADAG L~bo~to~ie~ 5/23/03 10:20 PAGE SARON GAP.DENS RESIDENT ASSOCIATION We, the undersigned, hereby associate together under the name of Saron Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Saxon Gardens 2. To secure a decent and helpful relocation assistance package along the lines we proposed on May 12 to the Planning Commission and City Council 3. To secure for our children in the public schools the right to continue in their present schools and system until graduation, vfithout being deprived of this by a forced relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, we appoint a steering committee of the following six residents to speak and act on our behalf with all parties concerned. 1. TatianaAzarenok, 7310 #D, 996-3216 2. Tom Dragosavac, 7308 #A, 777-0194 3. John Gum/no, 7308 #15,-25-3~649'3 4. RaeNorris, 7314 #C, 252-1193 5. Michael Savage 7308 #12, 253-6493 ' 6. Ying Yu, 7318 #A, 366-0461 1. 6. 2. %eoc,i,2.tt .os, a.( 7. ADAC Laboratories 5/23/03 10:20 PAGE V/10 SA~R. ON GARDENS P,.ESIDENT ASSOCIATION We, the undersigned, l~ereby associate together under the name of Saron Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Saron Gardens 2. To secure a decent and helpful relocation assistance package along the lines we proposed on May 12 to the Planning Commission and City Council 3. T~ secure for our children in ~e public schools the right to continue in their present schools and system until graduation, without being deprived of this by a forced relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, we appoint a steering committee of the following six residents to speak and act on our behalf with all parties conccmcd. 1. Tatiana Azarenok, 7310 #D, 996-3216 2. Tom Dragosavac, 7308 #A, 777-0194 3. John Guarino, 7308 #15,253-6493 4. Rae Norris, 7314 #C, 252-1193 5. Michael Savage 7308 #12, 253-6493 6. Yin# Yu, 7318 gA, 366-0461 _ _73Jo SARON GARDENS RESIDENT ASSOCIATION We, the undersigned, hereby associate together under the name of Saron Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Saron Gardens 2. To secure a decent and helpful relocation assistance package along the lines we proposed on May 12 lo the Planning Commission and City Council 3. To secure for our children in the public schools the right to continue in their - present schools and system until graduation, without being deprived of this b~ a forced relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, we appoint a steering committee of the following six residents to speak and act on our behalf with all parties concemed. 1. 2. ~4. Rae Norris, 7314 #C, 252-1193 5. Michael Savage 7308 #12, 253-6493 6. Yin# Yu, 7318 gA, 366-0461 .. 7' ......... ..... o Tatiana Azarenok, 7310 #D, 996-3216 Tom Dragosavac, 7308 #A, 777-0194 John Guarino, 7308 #15,-~a-3-4~1~'l¢'t'' gv.~ ADAC Laboratories 5/23/03 lo:z0 PAG~ ~/Iu ~i~nLrAA SARON GARDENS RIESIDENT ASSOCIATION We, the undersigned, hereby associate together under the name of Saron Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Satori Gardens 2. To secure a decent and helpful relocation assistance package along the lines we proposed on May 12 to the Planning Commission and City Council 3. To secure for our children in the public schools the right to continue in their present schools and system until graduation, without being deprived of this by a fomed relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, ~ve appoint a steering committee of the following six residents to speak and act on our behalf with all parties concerned. 1. Tafiana Azarenok, 7310 #D, 996-3216 2. Tom Dragosavac, 7308 gA, 777-0194 3. John Guarino, 7308 #15, ~ja3~q~)~ qq [-' ~gCk; ] 4. Rae Non'is, 7314 #C, 252-1193 5. Michael Savage 7308 #12, 253-6493 6. Yin# Yu, 7318 #A, 366-0461 8. 10. ADAC Laboratories 5/zu/ou SARON GARDENS RESIDENT ASSOCIATION We, the undersigned, hereby associate together under thc name of Saxon Gardens Resident Association for the following purposes: 1. To maintain and improve the quality of life at Saron Gardens 2. To secure a decent and helpful relocation assistance package along the lines we proposed on May 12 to the Planning Commission and City Council 3. To secure for our children in the public schools the right to continue in their present schools and system until graduation, without being deprived of tlfis by a fomed relocation for development purposes. To facilitate the fulfillment of goals number 2 and 3 above, we appoint a steering committee of the following six residents to speak and act on our behalf with all parties concerned. 1. TatianaAzarenok, 7310 #D, 996-3216 2. Tom Dmgosavac, 7308 gA, 777-0194 3, John Guarino, 7308 #15, ~ 4. Rae Norris, 7314 #C, 252-I 193 5. Michael Savage 7308 #12, 253-6493 6. Ying Yu, 7318 #A, 366-0461 10. To Planning Commission and City Council City of Cupertiao Cupertino Ca 95014 From: Residents of Saron Gardens Arts. 7308-7318 Rainbow Dr. Cupertino Ca 95014 Re: Intradistrict passes for Regnart/Kennedy students Date: May 27,2003 Sometime during the next school year, our apzuhnent complex, which is located in Cupertino, in the Regnart/Kennedy Schools area, Saron Gardens Apartments, is being tom down to make way for construction of houses on the property. The residents of Saron Gardens are being forced to move out. It is very difficult to fred a new apartment in the Regnart/Kennedy area. Not many complexes exist, and these have very low vacancy rates. There are 13 children in this apathnent complex that go to Regnart Elementary School, ranging from the 1th to the 5th grade and 3 children that go currently in Kennedy Middle School and plan to attend Monta Vista in the next year. We ask that their families be give Intradistrict passes that would allow these students to move to an apartment complex anywhere within the Cupertino Union School District and continue to attend Regnart and Kennedy Schools. We ask the support of City officials for this request. We hope to meet on this matter with City and District officials in the very near future Sincerely, Saron Gardens Resident Association To Planning Commission and City Council City of Cupertino Cupertino Ca 95014 From: Residents of Saxon Gardens Arts. 7308-7318 Rainbow Dr. Cupertino Ca 95014 Re: Intradistrict passes for MontaVista School students Date: May 27,2003 Sometime during the next school year, our apartment complex, which is located in Cupertino, in the Monta Vista High School area, Saron Garden Apartments, is being tom down to make way for construction of houses on the property. The residents of Saron Garden are being forced to move out. It is very difficult to find a new apartment in the Monta Vista area. Not many complexes exist, and these have very low vacancy rates. There axe 4 children in this apartment complex that go to Monta Vista, ranging from the 9th to the 11t~ grade and 3 children that go currently in Kennedy Middle School and plan to attend Monta Vista in the next year. We ask that their families be give Intradistrict passes that would allow these students to move to an apartment complex anywhere within the Fremont Union High School District and continue to attend Monta Vista High School. We ask the support of City officials for this request. We hope to meet on this matter with City and District officials in the very near future Sincerely, Saron Gardens Resident Association JLliN-I1-03 11;13 FROM-PROMETHEUS REAL ESTATE GROUP 650-59B-5374 T-)22 P 02/0Z F-D28 -- ADJaCeNT COT LINE .... ) .') ~ WONU~ENT ~ FUTURE LOTS 1 AND 2 TO ~AJN ZONED RAINBOW D~tvE ~ ~ ..... . .~ . ~ P I :,, ,,_~- ~ ~. I ..... I~ ~ ~ I -' BASIS OF BEARINGS I)[ARINGS SMOWN HEREON ARE BASED ON THE MONIJI,,JlENT£D C£NT£RLIH[ OF POPPY ~AT AS ON "TRACT HO. 2016. SPRINGARDEN UMIT NO, FILED FOR RECORD iN BOOK 124 OF w~PS AT 16. 6ENTERLt~E BE~RIMG T~KEN ~S SOUT~ O0'OO'31~ E~ST. ZONING PLAT MAP SARON GARDENS CUPERTINO. CALIFORNIt Ct E£ CANe D 'ANGEL 0 Engineers - P/anners - Su~eyor~ 1075 N. TENTH STREET,, SUITE 100 SAN JOSE, CA 95112 (4C:,S)9.g8-123~ )WN !" ' DRAWN: NJH DESIGN: DBv CH'KD: DATE: SCALE: REAR SIDE FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CAUFORNIA SARON GARDENS, LLC. A1 04-28-03 ELEVATIONS 1/8"=1 '-0" REAR SIDE FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTfNO, CAUFORNIA SARON 6ARDENS, LLC. A2 04-28-03 ELEVATIONS 1/8"=1 '-0" N FRONT B FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CALIFORNIA SARON GARDENS, LLC. B N ELEVATIONS 04-28-03 118"=1 '-0" REAR FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO. CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CALIFORNIA SARON GARDENS, LLC. Cl 04-28-03 ELEVATIONS 118"=1 '-0" REAR FRONT 685 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CALIFORNIA SARON GARDENS, LLC. C2 04-28-03 ELEVATIONS 118"=1 '-0" REAR FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CAUFORNIA SARON GARDENS, LLC. D1 04-28-O3 ELEVATIONS 118"=1 '-0" REAR SIDE FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CALIFORNIA SARON 6ARDENS, LLC. D2 04-28-03 ELEVATIONS 118"=1 '-0" FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CALIFORNIA SARON GARDENS, LLC. P1 04-28-03 ELEVATIONS 1/8"=1 '-0" FRONT 665 THIRD STREET, SUITE 350 SAN FRANCISCO, CA 94107 CHRISTIANI JOHNSON SARON GARDENS CUPERTINO, CAUFORNIA SARON GARDENS, LLC. P2 04-28-03 ELEVATIONS 1/8"=1 ' -0" SARON GARDENS PLAI~IING ~TAL - 03.24.03 REVISION 3 - 06.06.03 RAINBOW DRIVE ELEVATION PROJECT DIRECTORY PROJECT ADDRESS: Saron Gardens Cupertino, California DEVELOPER: Sar'on Gardens, LLC. 350 Bddge Parkway Redwood City, CA 94065 Tel: 650.596.5300 Fex: 650.596.5374 ARCHITECT: Chdstiani Johnson Architec[s 655 Third Street, Suite 350 San Francisco, CA 94107 Tel: 415.243.9484 Fax: 415.243.9485 CIVIL ENGINEER: Creegan & D'Angelo 1075 NoKh Tenth Street, Suite 100 San Jose, CA 95112 Tel: 408.998.1234 Fax: 408.998.0944 LANDSCAPE ARCHITECT: Carducci and Associates 555 Beach, 4th FIoo~ San Francisco, CA 94133 Tel: 415.674.0990 Fax: 415.674.0999 PROJECT DATA: PROJECT DATA: APPLICABLE CODEINFORMATION: [ONING/LOT INFORMATION )ENSITY SITE AREA CALCULATION =ARKING CALCULATIONS UNIT SIZE # OF UNITS CARS/UNIT GARAGE SURFACE TOTAL PROVIDED PROVIDED PROVIDED FLOOR AREA RATIO CALCULATIONS UNiT CALCULATIONS TOTAL AREA 20,916 VICINITY MAP SARON GARDENS COVER SHEET SHEETINDEX CUPERTINO, CALIFORNIA SARON GARDENS, LLC. REVISION 3 TREE REMOVAL NOTES GENERAL NO~S c~ ~ ~ ~ c~ ~ w~ ~ ~E ~C~ON NO~S BA~ OF BEA~ P~ECT BENCHMARK ~ ~~ * ~I] / U ~ ,111 mm , ..... ~ I 1~ FJ ~ ~'r~ :~ ' I~ ~ ~ .~>~1'~ ,~ ~'~ I. , [SEE SHE~ ~ ~ L~ND c~,~'~.,c~o SARON GARDENS ,--~o. LEGEND ~ ~RAGE EN~CE - ~NE GRADI~ ~ 4' CURB AND GU llUR ~'; ~ -- ~ ~d~j*~ ~[~ ~ENCH BACKRLL I LEGEND RAINBOW 2 26 25 23 DRIVE 7 SARON GARDENS BASIS OF BEARINGS NOTES Sheet T'tl~ SARON GARDENS, LLC -- ] SARON GARDENS SARON GARDENS LLC LANDSCAPE PLANTING AND IRRIGATION NOTES SARON GARDENS GARON GARDENS LLC \ \ SARON GARDENS SARON GARDENS LLC CONCEPTUAL IRRIGATION PLAN Z OBENGH [1 '1 B2235; OPIG,N!G TABLE/ A~.C, ES~=-,IBLE PIGNIC, TABLE I/2"- I -O (~GONGf~4~'T'E. F'AVIN® ~EGTION (~)~f~EC.,AST GONGt~.ETE PAk/E~S SARON GARDENS SARON GARDENS LLC (~)®P.,A~E AT ED®E Of= PAVIN~ GONGF~4F.'FE ~AVIN~ (~ JOINT E~EGTION~ (~GONC,~ETE MO~ BANP OD'EGOi"4PO~EO I-I/,2'- I'"~" LANDSCAPE CONSTRUCTION DETAILS O FLAT 'T'FaqELL I $ 0 A~C, HF:~ ~LLI$ SARON GARDENS SARON GARDENS LLC LANDSCAPE CONSTRUCTION DETAILS SARON GARDENS SARON GARDENS LLC 0 ~OUB, LE A'P..C. HtE[2 LANDSCAPE CONSTRUCTION DETAILS (~& ' 1~4DOZ~ FENC, E SARON GARDENS SARUN 6AR§ENS LLC LANDSCAPE CONSTRUCTION DETAILS (~V~L~ ~:::~X INSTALLATION 50IL AIv~-INDI~-NT SARON GARDENS SARON GARDENS LLC PLANTING AND IRRIGATION DETAILS 25 VILLAGE GREEN SARON GARDENS SARON GARDENS, LLC. ARCHITECTURAL SITE PLAN REVISION 3 LU i ~ Ai- THiRD FLOOR PLAN - S~C)~ FibOR ~LAN ~ ~i- Fi~T FLOOR PLA~ TOTAL SQUARE FOOTAGE - 1743 S.F. SARON GARDENS SARON GARDENS, LLC. FLOOR PLAN - ~PE A1 REVISION 3 ] DINING (~A2 - THIRD FLOOR PLAN /'~ A2 - SECOND FLOOR PLAN TOTAL SQUARE FOOTAGE - 1743 S.F. SARON GARDENS SARON OARDENS, LLC. GARAGE (~A2 - FIRST FLOOR PLAN FLOOR PLAN- I~'PE A2 REVISION 3 SARON GARDENS SARON GARDENS, U.C. TYPE A1 - ELEVATIONS TYPE A1 & A2 REVISION 3 j TOTAL SQUARE FOOTAGE - 1760 S.F. SARON GARDENS SARON GARDENS, LLC. B - FIRST FLOOR PLAN FLOOR PLAN- TYPE B REVISION 3 SARON GARDENS TYPE B - ELEVATIONS BUILDING ELEVATIONS TYPE B SARON GARDENS, LLC. REVISION 3 DN 211~' (~C1 - THIRD FLOOR PLAN Cl - SECOND FLOOR PLAN (~Cl - FIRST FLOOR PLAN TOTAL SQUARE FOOTAGE - 1893 S.F. SARON GARDENS SARON GARDENS, LLC. FLOOR PLAN- TYPE C1 REVISION 3 (~ TYPE C2 - ELEVATIONS SARON GARDENS SARGN GARDENS, LLC. TYPE Cl - ELEVATIONS BUILDING ELEVATIONS '~'PE C1 & C2 REVISION 3 bP ENTRY (~D. SEcoND FLOOR PLAN FIRST FL66R PLAN ~ D ] LOwI=R FLooR F'LAN TOTAL SQUARE FOOTAGE - 1758 S.F. SARON GARDENS SARON GARDENS, LLC. FLOOR PLAN - TYPE 01 REVISION 3 FAMILY ROOM TOTAL SQUARE FOOTAGE - t758 S.F. SARON GARDENS SARON GARDENS, LLC. STORAGE LIVING ROOM (~D2 - LOWER FLOOR PLAN 114"~1 '-0' 421 SQ. FT. FLOOR PLAN- TYPE D2 REVISION 3 omloolomloc TYPE D2 - ELEVATIONS :~ oolooloolom -=~ SARON GARDENS ~UPERTINO, CALIFORNiA SARBN GARDENS, LLC. TYPE D1 - ELEVATIONS BUILDING ELEVATIONS TYPE DI&D2 REVISION 3 B~DROOM , // i? ! N - SECOND FLOOR PLAN 864 SQ. FT, (~)N - FIRST FLOOR PLAN TOTAL SQUARE FOOTAGE - 1493 S.F. SARON GARDENS SARON GARDENS, LLC. FL00R PLANS TYPE N REVISION 3 BEDR(~DM 4 BEDROOM 3 P - SECOND FLOOR PLAN 759 GROSS SQ. FT. 759 NET SQ. FT. SETBACKS SETBACKS PROVIDED REQUIRED GROUND FLOOR FRONT 2(~)" 20'~' * THE 15' SURCHARGE IS INCLUDED IN THE SIDE YARD SETBACKS SECOND FLOOR TO GROUND FLOOR AREA RATIO GROUND FLOOR AREA 2,C~7 S F 73% SECOND FLOOR AREA 759 S.F 27% TOTAL AREA 3,274 GRO~S ~.F. 2,~26 NET S.F. (3,280 GROSS S.F. MAX) SARON GARDENS SARON GARDENS, LLC. LIVING ROOM DINING ROOM NQOK LAUNDRY ENTRY GARAGE pOWDER (~ PI&2 - FIRST FLOOR PLAN 114'=1'~" 2,515 GROSS SQ. ~r. 2,067 NET SQ. FT. FLOOR pLA, N- TYPE P REVlSION 3 SARON GARDENS SARON GARDENS, [.LC, TYPE P1 - ELEVATIONS ~LEV'ATION5 ~EVISION ~ SARON GARDENS SARON 6ARDENS, LLC. THE TOTAL AREA LESS THAN 6' HIGH AND MORE THAN 2' OVERLAPPED (SHADED AREA) IS EQUAL TO MORE THAN FIFTY PERCENT OF TOTAL AREA. 80> 127/2 (~ TYPE P2 - ELEVATIONS EL~VATION5 'P~f=E '='2 CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Meeting Date: June 16, 2003 SUBJECT AND ISSUE Receive Public Comments, Discuss, and Adopt the 2003-04 Budget. BACKGROUND The purpose of tonight's hearing is to give the public a final opportunity to comment on the proposed 2003/04 budget before City Council takes action. An in-depth review of the budget was presented to City Council at a budget work session on May 27 and a public hearing was held on June 2. Council discussed the General Fund financial position, reserve levels, departmental operating budgets, changes in program levels, and the five- year capital improvement program. Several program changes were proposed by the Council as a result of this study session, including elimination of the 2003 and 2004 fireworks and the funding of four hours of library service on Sundays (see attached). RECOMMENDATION Staff recommends that Council take the following actions: 1. Receive public comments 2. Complete Council discussions and make final decisions in the areas of: v~ Changes in Program Levels ~/ Proposed Revenue Enhancements ,/ 5 Year Capital Improvement Projects 3. Grant a negative declaration 4. Adopt Resolution establishing an operating and capital budget for fiscal year 2003/04 5. Adopt Resolution establishing an appropriation limit for fiscal year 2003/04 Submitted by: Ca{ol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager 'Budget Study Session Results 2003/2004 Budget May 27, 2003 Proposed Current Reductions/ Remaining Budget Additions Budget Reductions to the Proposed Budget: Teen Commission 19,647 5,000 14,647 Misc Telecommunication Commission 72,919 12,000 60,919= Grants Fine Arts Commission 29,000 16,500 12,500 Grants City Manager Contingencies 30,000 15,000 15,000 Misc Quinlan Community Center - Fixed Assets 118,000 80,000 38,000 Furniture Fourth of July- 2002/03 - Remaining avail 42,129 39,129 3,000 Fireworks Fourth of July - 2003/04 56,600 50,600 6,000 Fireworks Festival Support 37,500 0 37,500 Chamber of Commeme 15,000 0 15,000 Memberships (LCC/ABAG/SCCCA) 28,00{3 0 28,000 Total Reductions 218,229 Additions to the Proposed Budget: Leadership Cupertino/TLT 10,000 8,000 18,000 Sunday Library Hours - 4 hrs - all year 0 84,000 84,000 DeAnza PEG Channel 45,000 0 45,000 2nd School Resoume Officer - one full yr 82,000 82,000 164,000 Bike/Pedestrian Safety Program 0 5,000 5,000 Total Additions 179,000 Budget Savings 39,229I Net Di AFT RESOLUTION NO. 03-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2003-04 BY RATIFYING ESTIMATES OF REVENUES TO BE RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ration of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the following sections as a part of its fiscal policy: Section 1: The estimates of available fund balances and anticipated resources to be received in each of the several funds during fiscal year 2003-04 as submitted by the City Manager in his proposed budget and as have been amended during the budget study sessions are hereby ratified. Section 2. There is appropriated from each of the several funds the sum of money as determined during the budget sessions for the purposes as expressed and estimated for each department. Section 3. The City Manager is hereby authorized to administer and transfer appropriations between Budget Accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4. The Director of Administrative Services shall prepare and submit to City Council quarterly a revised estimate of Operating Revenues. Section 5. The Director of Administrative Services is hereby authorized to continue unexpended appropriations for Capital Improvement projects. Resolution No. 03-123 2 Section 6. The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16~ day of June 2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council APPROVED: ATTEST: Mayor, City of Cupertino City Clerk DRAFT RESOLUTION NO. 03-124 A RESOLUTION OF THE CITY COLFNCIL OF THE CITY OF CUPERTINO ESTABLISHING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2003-04 WHEREAS, the State of California has adopted legislation requiring local jurisdictions to calculate their appropriation limits in complying with Article XIII B; and WHEREAS, said limits are determined by a formula based upon change in population, (city or county), combined with either the change in inflation (California per capita income) or the change in the local assessment roll due to local nonresidential construction; and WHEREAS, the local governing body is required to set an appropriation limit by adoption of a resolution; and WHEREAS, the city population percentage change over the prior year is 0.04%, and the California per capita personal income change is 2.31%. In computing the 2003-04 limit, City Council has elected to use the city population percentage change, and the California per capita income change was used, but the Council has a right to change nonresidential assessed valuation percentage when the figure is available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves a 2003-04 fiscal appropriation limit of $52,253,046. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June 2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPE INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 AGENDA ITEM PUBLIC WORKS DEPARTMENT Summary AGENDA DATE June 16~ 2003 SUBJECT AND ISSUE Report and Recommendations on Storm Drainage in Elm Court BACKGROUND On several occasions during the winter of 2002-2003 the Council heard concerns about storm flooding from residents on Elm Court, a cul-de-sac street easterly from Bubb Road south of McClellan Avenue. Staff met on several occasions with the Elm Court residents to discuss the concerns and consider alternatives. In addition staff examined the downstream line from Elm Court to McClellan and discovered a severe blockage in the line, which was immediately cleaned to restore the line to its full capacity, which seemed to solve most of the problem. Although no evidence of property damage was indicated in any of the storm runoff conditions, staff proposed and Council agreed to conduct a drainage study of Elm Court and its flood tributaries and report back to the Council and neighborhood with appropriate recommendations. DISCUSSION Elm Court and the original drainage facilities were constructed in 1967. The original drainage facility was a 12-inch pipe and drain inlet at the end of the cul-de-sac. In addition, for the release of overland flows a scupper (rectangular concrete channel) 18 inches wide was installed over the pipe. Storm Drain Improvements Because of concerns over the years about flooding in this area, in 1998 the City upgraded the system by replacing the older smaller line with a larger 18-inch drainpipe which connects at a manhole to another 18 inch that flows northerly along the railroad right-of- way connecting to the main drainage line in McClellan Road. The scupper was replaced at the same time and drains to a "v" shaped channel in the same right-of-way but flows southerly i.e., in the opposite direction of the underground pipe. This system is depicted in the attached drawing. Storm Analysis A storm analysis of the replacement system has determined the capacity to be almost 10 cubic feet per second (CFS). The drainage flow at this location for a 10-year storm (i.e., a rainfall event that could be expected to return every ten years) is less than 6 CFS. Therefore, as originally believed, the system is more than adequate for the Elm Court area. However, as correctly reported by the residents, in a 1 O-year storm or one approaching that intensity, there is a surcharge in runoff to Elm Court because of overflows from Bubb Road. Although there is a 30-inch storm drain in installed in Bubb road, it does not have sufficient capacity for the runoff from a 10-year storm, hence the overflow observed into Elm Court. This excess flow is approximately 1.5 CFS. However, this overflow from Bubb Road, even when combined with the runoff in Elm Court is still 2.5 CFS below the capacity of the Elm Court system (6 CFS + 1.5 CFS = 7.5 CFS). The above notwithstanding, it is expected at times that if the rainfall is sufficiently intense over a very short period of time, runoff may accumulate in the end of Elm Court to the effect of rising above the curb height. However, this would not occur often and when it does usually drains out fairly quickly in an hour or two. Even in that occurrence, it would not, in a 10-year storm, be expected to approach any dwelling now existing in Elm Court. This is a condition that is occasionally present in several other similar locations in Cupertino and occurs without reported property damage. The storm drainage study did identify one possible minor mitigation, which could help alleviate the buildup of water during a heavy storm. The drain inlet is apparently the "choke point" which controls how fast the buildup of runoff drains into the system and moves the buildup at the end of the cul-de-sac into the drainpipe. Construction of an additional drain inlet to increase the flow to the 18-inch pipe may help move that runoff buildup, which primarily comes from the Bubb Road surcharge) into the system faster so that any accumulated water in the cul-de~sac will move out that much quicker. The cost of that facility is approximately $ 3000 and staff would recommend doing that work before the next winter flood season. Funding is available in the adopted C1P in the Minor Storm Drain Improvements Fund (210-9612). STAFF RECOMMENDATION Acceptance of the Report on Storm Drainage in Elm Court and requesting that the staff implement a project for the installation of an additional drain inlet at the end of Elm Court prior to the winter storm season. Submitted by: Ralph A. Quails, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager ~'"~-"'~ Pipe ~: 22 :,, ~ .... ,~ TRACT -°_4341 - ~ ' ' BUBB- ROAD 30" RCP Figure 3: Elm Court Configuration I" = I00' Z Z Z ..~ 4 EXIST WOOD FENCE --~ IF' (VARIES) 3.2',-, 2.2'''~ i ' RR TIES : ""'"'"' ~.~ 16"1 ~"1 ~PROP 18" SD Figure 4: Section From Plans By Giuliani & Kull, Inc. Showing Upgrade of Drainage Components CUPEI TINO__ City Hall 10300 Torte Avenue Cupex~ino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS AGENDA ITEM I~ SUBJECT AND ISSUE Summary AGENDA DATE June 16, 2003 Review bids, waive minor irregularities in the bid documents and award the Sports Center Remodel to XL Construction, the lowest responsive and responsible bidder, in the amount of $1,721,187, by accepting the Base Bid of $1,687,868 and Add Alternates 4 and 5 in the amount of $3,979 and $29,340 respectively, approve a construction contingency for unforeseen conditions in the amount of $138,000, and authorize the City Manager to execute the contract on behalf of the City. BACKGROUND On April 22nd and 23rd, 2003, the City advertised the Sports Center Remodel project in the San Jose Mercury News and the local builders exchanges. A mandatory Pre-Bid Conference was held on April 29, 2003. On May 21, 2003, a total of 5 bids were received and the apparent low bid was determined by the City Clerk to be $1,687,868 offered by XL Construction of San Jose, California. Bids offered, were as follows: Nutek Construction Tinney Construction Svala Construction Garden City Construction XL Construction $1,870,000 $1,846,713 $1,833,000 $1,814,251 $1,687,868 Engineer's Estimate $1,500,000 ANALYSIS Upon careful analysis of XL Construction's qualifications submittal, as required by the bid documents, Public Works staff has concluded that XL Construction is a qualified responsible bidder. XL Construction's qualification documents, following staff and Consultant analysis, were made available for public review on May 30, 2003 and the other bidders were notified of that fact by telephone that same day. Printod on Rocyclod Paper 1~ [ Late Friday afiemoon, May 30th, Garden City Construction filed a Bid Protest against XL Construction with the City Attorney's Office. This protest was received 4 days after the protest deadline stated in the Contract Documents. The protest was based primarily on the omission of several pieces of information on the Statement of Qualifications and the Bid Form, as well as one incorrect piece of information on the Bid Form. XL Construction, upon notification of the omissions, provided the necessary information and sufficient justification for the incorrect information. Staff's review of the additional information determined that the protest items were insignificant, minor irregularities that did not provide XL Construction with an unfair advantage over the other bidders. Garden City Construction was informed of that finding by the attached letter on June 10, 2003. Although the low bid exceeds the Engineer's Estimate by approximately $188,000, staff's review of the bids indicates that most of the bidders appeared to have interpreted the bids uniformly and that the Iow bid is therefore a fair price for the work in the contract. FISCAL IMPACT Funding is available in the adopted Capital Improvement Program in Fund No. 426-9212 STAFF RECOMMENDATION Award of the contract for the Sports Center Remodel to XL Construction, the lowest responsive and responsible bidder, in the amount of $1,721,187, by accepting the Base Bid of $1,687,868 and Add Alternates 4 and 5 in the amount of $3,979 and $29,340 respectively, the approval of a construction contingency for unforeseen conditions in the amount of $138,000, and the authorization of the City Manager to execute the contract on behalf of the City. Submitted by: Submi~ed by: Ralph A. Qualls, Jr. Director of Public Works Therese Smith Director of Parks and Recreation Approved for submission: D~avid W. Knapp City Manager CUPEI INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS June 10, 2003 Ralph Walker, Senior Project Manager Garden City Construction 618 South First St. San Jose, Ca. 95113 Re: Cupertino Sports Center Bid Protest Letter dated May 30, 2003 Dear Mr. Walker: Thank you for your letter of May 30, 2003. We received the faxed copy of that letter, in which you formally protested the determination of XL Construction, Inc. as the Apparent Low Bidder for the Sports Center Remodel Project. Although your protest was received after the specified deadline for filing protests, we decided to evaluate your concerns. We have concluded our evaluation of XL Construction for Responsiveness and Responsibility, and as of this date, we've found no critical flaw nor evidence of a competitive advantage in XL Construction's bid documents. XL Construction has provided us with all of the information that both you and we found to be missing from the Bid Form and the Statement of Qualifications. We have concluded that those items were minor irregularities and have therefore determined that they can be waived. The piece of incorrect information regarding the bid itself has been resolved to our satisfaction by XL Construction and is also deemed by us to be a minor irregularity and can therefore also be waived. We are recommending that City Council award the contract to XL Construction on June 16, 2003 at their regular evening session. The Agenda for that meeting will be available on Thursday, June 12, 2003, in City Hall or on our web site at www.cupertino.org. Printed oa Recycled Paper I?--3 We sincerely appreciate the significant time and effort your company put into our bid process and hope this particular experience will not deter you from bidding other projects in Cupertino in the future. The additional documents provided by XL Construction are available at City Hall for your review should you wish to see them. Copies can also be provided at your expense. A copy of this letter will be sent to each of the bidders. Sincerely, Ralph A. Qualls Director of Public Works cc: Charles Kilian Dave Knapp Terry Greene Nova Partners Svala Construction Tinney Construction Nutek Construction CUPEI TINO Cfly Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM gO ~ AGENDA DATE June 16~ 2003 SUBJECT AND ISSUE Review and award the contract for the Civic Center and Library Project, Phase 2 Construction, to Swinerton Builders, the lowest responsive and responsible bidder, in the Base Bid amount of $ 14,695,000.00 plus $ $347,000.00 for Add Alternates 1 through 7, for a total contract amount of $ 15,042,000.00; authorize the City Manager to execute the contract on behalf of the City; and, approve a Construction Contingency for unforeseen conditions in the amount of $1,000,000.00. BACKGROUND On May 5, 2003, the City advertised Phase 2 of the Civic Center and Library project and a mandatory Pre-Bid Conference was held on May 1, 2003. Following the Pre-Bid Conference, staff was advised that several contractors, who held plans and attended the pre bid conference, did not intend to submit bids for various reasons. Nova Partners, the City's Construction Manager, recommended extending the bid opening and conducting a second pre-bid meeting to attract a larger competitive group of contractors. The bid date was extended by Addendum to the Contract and was also publicly advertised in the same way as the first advertisement. On May 15th, a second mandatory Pre-Bid Conference was held for those bidders who did not attend the first conference. The published Engineers estimate in the original bid documents was $16,800,000.00. However in reviewing the addendums published after the advertisement and the addition of several late changes to the documents, the engineer's estimate has been revised to $17,300,000.00. The estimate of cost for the Add Alternate bids remains at $350,000.00. On June 10, 2003, a total of four bids were received. However one Bidder, S.J. Amaroso, while submitting a bid prior to the 2:00 PM deadline, did not submit the required qualifications packet prior to the 4:00 PM deadline and therefore their bid was not responsive and therefore was not opened. Prlntod on Recyclod Paper ~0 ~ [ The bids that were opened and read are as follows: Contractor. Base Bid Add Altemates Engineers Estimate $16,800,000.00 $ 331,500.00 Nibbi Brothers, Inc. $15,456,000.00 $ 355,084.00 Thompson Pacific $14,825,000.00 $193,000.00 Swinerton Builders $14,695,000.00 $ 347,000.00 The apparent low bid was determined by the City Clerk to be $ $14,695,000.00 offered by Swinerton Builders of Santa Clara, California. The apparent low bid is 12.5 % below the engineer's estimate. ANALYSIS Upon careful analysis of Swinerton Builders qualifications submittal, as required by the bid documents in accordance with the Council's Responsible Contracting Policy, staff has determined that the low bidder, Swinerton Builders is a qualified responsible bidder. The Contractor, following Council Award, will be expected to begin work within the next 30 days with a formal Notice To Proceed from the City and will be required to complete the entire project by October of 2004. As previously reported to Council, in addition to the Add Altemates recommended in this report, there are a number of items that were removed from the contract as part of the value engineering effort during the final stages of the project design which staff would suggest the Council consider restoring to the project. These items which staff will be reviewing include a number of materials upgrades, additions and upgrades to the audio-visual system in the Community Hall, various telecom and power outlets including wireless communication infrastructure in the library, additional trees and landscaping in the plaza and parking lot, and the patios adjoining either end of the community hall and other items. Staff will report to Council in late July or early August with appropriate recommendations for the restoration ora number of items back into the project. FISCAL IMPACT Funding is provided in the Adopted 2002-2003 Capital Improvement Program in Fund No. 420- 9223, Civic Center Improvements Facility Fund; Fund No. 420-9224, Civic Center Plaza Facility Improvements Fund; and Fund No. 423-9222, Civic Center Library Fund. STAFF RECOMMENDATION Award the Civic Center and Library Project, Phase 2 Construction contract to Swinerton Builders, the lowest responsive and responsible bidder, in the Base Bid amount of $14,695,000.00 plus $ 347,000 for Add Alternates 1 through 7, for a total contract amount of $ 15,042,000.00; authorize the City Manager to execute the contract on behalf of the City; and approve a Construction Contingency for unforeseen conditions in the amount of $1,000,000.00. Submitted by: Approved for submission: Ralph A. Qualls, Jr. Director of Public Works David W. Knapp City Manager CUPERTINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS AGENDA ITEM Summary AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Review and adopt Resolution No. 03- ~ Z~authorizing the City Manager to negotiate and execute Amendment No. 2, for an additional amount, not to exceed $615,000 for professional services with SMWM, to provide for Contract Administration during Phase 2 construction of the Civic Center and Library Project for a total contract amount of $3,119,000. BACKGROUND On June 12, 2001, Council approved an Agreement with Simon Martin-Vegue Winkelstein Mods (SMWM) for professional design services for the Cupertino Library in the amount of $2,304,000. On March 5, 2002, Council approved Amendment No.1 with SMWM for expanded professional design services for the Cupertino Civic Center, Library and Civic Plaza in the amount of $200,000, bringing the Contract total to $2,504,000. ANALYSIS This Amendment No. 2, will authorize up to an additional $615,000, which will provide for Contract Administration services (CA) during the construction of Phase 2 and bring the total contract amount for professional services to $3,119,000. Agreement Amendment No. 1 Amendment No. 2 Total $2,3O4,0O0 $2OO,O00 $615,000 $3,119,000 Funding for reimbursable expenses incurred by the Architect on behalf of the City for such things as printing, materials, models, and renderings are provided in the project budget and are estimated to be approximately $140,000. SMWM's CA services will ensure that the construction is performed in accordance with the intent of the plans and specifications and will coordinate with the Construction Manager and City's representative where deviations from the plans and specifications are either necessary or in the City's best interest. FISCAL IMPACT Funding for this 2nd Amendment is provided in the adopted FY 2002-2003 Capital Improvement Program in account numbers 420-9223: Civic Center Improvements Facility Fund, 420-9224: Civic Center Plaza Facility Improvements Fund, and 423-9222, Civic Center Library Fund. STAFF RECOMMENDATION Staff recommends that City Council adopt Resolution No. O'5-]J, ~ authorizing the City Manager to negotiate and execute Amendment No. 2, for additional professional services with SMWM, in an amount not to exceed $615,000 and to provide for Contract Administration during Phase 2 construction of the Civic Center and Library Project. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager DRAFT RESOLUTION NO. 03-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT NO. 2 WITH SMWM FOR ADDITIONAL PROFESSIONAL SERVICES 1N AN AMOUNT NOT TO EXCEED $615,000, TO PROVIDE FOR CONTRACT ADMINISTRATION DURING PHASE 2 CONSTRUCTION OF THE CIVIC CENTER AND LIBRARY PROJECT WHEREAS, on June 12, 2001, the City entered into an Agreement with Simon Martin-Vegue Winkelstein Moris (SMWM) for professional design services for the Cupertino Library in the amount of $2,304,000; and WHEREAS, Amendment No. I, for expanded professional design services, was executed on March 5, 2002, in the amount of $200,000; and WHEREAS, the proposed Amendment No. 2 will authorize up to an additional $615,000, which will provide for Contract Administration services (CA) during the construction of Phase 2 and bring the total contract amount for professional services to $3,119,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute said Amendment No. 2 on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPEPtTINO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM ,~-0 ~ AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Review and approve Resolution No. 0 3-/2 ~ authorizing the City to accept a gift of $45,000 from the Rotary Club of Cupertino for the purchase of 16 trees, 8 benches and an acknowledgement plaque in the California Heritage Grove of the new Civic Plaza. BACKGROUND In May of 2003, the members of Rotary Club of Cupertino elected to donate $45,000 to the Cupertino Civic Center and Library Project in commemoration of Rotary International's Centennial celebration and the celebration of 50 years of community service to Cupertino by the Rotary Club of Cupertino. ANALYSIS The Civic Plaza was designed for the City by the nationally recognized landscape firm of Hargreaves Associates and consists of 4 quadrants. Each quadrant has a unique feature, which will contribute to the rich experience one will have whether they observe the plaza from its perimeter, stroll through it, or stop to rest and contemplate. The northwest quadrant consists of a compacted crushed stone surface with four rows of native specimens of California heritage trees. Eight benches will be located in various places throughout the grove of Sycamore, Big Leaf Maple, Camphor, and Canyon Live Oak. It is this comer quadrant that the Rotary Club of Cupertino has proposed donating $45,000 for the purchase and installation of trees and benches. The Rotarians are only asking that a small dedication plaque acknowledging the gift of the trees and benches and commemorating the 100- year Anniversary of Rotary International and the 50-year Anniversary of the Rotary Club of Cupertino, the cost of which is included in the donation. Once the donation has been accepted by the City, the Rotary Club of Cupertino, in coordination with and approval of the city staff, will arrange for the advance purchase of the 16 heritage trees and the 8 benches in the Civic Plaza in accordance with the Architect's design for this quadrant. Rotarians will also assist in the planting of the trees in the spring of 2004 as the landscape work in the Plaza progresses. FISCAL IMPACT This Rotary community service donation will provide for items previously contained in the construction budget thereby saving the project $45,000 as a further assurance of keeping the project within the approved budget. STAFF RECOMMENDATION Adoption of Resolution No. 0 3-/2/~ authorizing the City to accept a gift of $45,000 from the Rotary Club of Cupertino for the purchase of 16 trees, 8 benches and an acknowledgement plaque in the California Heritage Grove of the new Civic Plaza. Submitted by: Approved for submission: David W. Knapp Director of Public Works City Manager RESOLUTION NO. 03-126 DIL FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GIFT OF $45,000 FROM THE ROTARY CLUB OF CUPERTINO FOR THE PURCHASE OF TREES AND BENCHES AND AUTHORIZING ACCEPTANCE OF AN ACKNOWLEDGEMENT PLAQUE 1N THE CALIFORNIA HERITAGE GROVE OF THE NEW CIVIC PLAZA WHEREAS, in May of 2003, the members of Rotary Club of Cupertino elected to donate $45,000 to the Cupertino Civic Center and Library Project in commemoration of Rotary International's Centennial celebration and the celebration of 50 years of community service to Cupertino by the Rotary Club of Cupertino; and WHEREAS, this Rotary community service donation will allow $45,000 of the project budget to be spent on other construction amenities, further enhancing the quality of the project; and WHEREAS, representatives of the Rotary Club of Cupertino and the Department Public Works will utilize the $45,000 donation to arrange for the advance purchase of 16 heritage trees and 8 benches in the Civic Plaza. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby accepts the gift of $45,000 for trees and benches and authorizes the acceptance of a small dedication plaque acknowledging the gift and commemorating the 100-year Anniversary of Rotary International and the 50-year Anniversary of the Rotary Club of Cupertino to be placed in the California Heritage Grove of the plaza. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 164 day of June, 2003, by the following vote: Vote Members of the City ~ouncil AYE S: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino DI AFT DRAFT MINUTES CUPERTINO CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Monday, June 2, 2003 ROLL CALL Redevelopment Agency members present: Chairperson Michael Chang, Vice-Chair Sandra James, and members Dolly Sandoval and Richard Lowenthal. Redevelopment Agency members absent: Patrick Kwok. Sandoval/James moved and seconded to excuse the absence of Redevelopment Agency member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Staff present: Executive Director David Knapp, General Counsel Charles Kilian, Community Development Director Steve Piasecki, Finance Director Carol Atwood, Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, and Secretary Kimberly Smith. ORAL COMMUNCATIONS - None APPROVAL OF MINUTES Approve the minutes from the June 3 and 17, 2002, Redevelopment Agency meetings. James/Sandoval moved to approve the minutes as presented. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. PUBLIC HEARING B. Review the Cupertino Redevelopment Agency Operating Budget for 2003-04. The Redevelopment Agency received a report from Finance Director Carol Atwood. The public hearing was opened at 11:45 p.m. There were no speakers, and the hearing was continued to June 16. ADJOURNMENT At 11:46 p.m. the meeting was adjoumed. Kimberly Smith, Secretary DRAFT RESOLUTION NO. 03-01 A RESOLUTION OF THE CUPERTINO REDEVELOPMENT AGENCY ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR 2003-04 BY RATIFYING ESTIMATES OF REVENUES TO BE RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS AND SETT1NG FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ration of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the Cupertino Redevelopment Agency does hereby adopt the following sections as a part of its fiscal policy: Section 1: The estimates of available fund balances and anticipated resources to be received in the Redevelopment Agency fund during fiscal year 2003-04 as submitted by the City Manager in his proposed budget and as have been amended during the budget study sessions are hereby ratified. Section 2. There is appropriated from the fund the sum of money as determined during the budget sessions for the purposes as expressed and estimated for each department. Section 3. The City Manager is hereby authorized to administer and transfer appropriations between Redevelopment Agency accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4. The Director of Administrative Services shall prepare and submit to the Cupertino Redevelopment Agency a quarterly revised estimate of Operating Revenues. Section 5. The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. Resolution No. 03-01 Page 2 this Vote AYES: NOES: ABSENT: ABSTAIN: PASSED AND ADOPTED at a regular meeting of the Cupertino Redevelopment Agency day of June 2003, by the following vote: Members of the Redevelopment Agency APPROVED: ATTEST: Chairman, Redevelopment Agency Secretary EXHIBITS BEGIN HERE Record of The Trial on March 21~ 2003 .... At Yangzhou Municipal Intermediate People's Court By Chuck Lee I)eputy Judge: Prosecutor: Atlorney: Dcfcndanl: Huang? S. X. (abbr. J in the following); Judges: Yuan: Yi: etc. Zhang. J. H. (abbr. P ill the following) Teng. M. S. (abbr. A in the following) Chuck Lee {me) (abbr. M in the following) J: Announced the rights M would have: I ) Asking certain people to stay away; 2) Self-defending and letting A to defend. (M: Explained the situation of Attorney. who was appointed on 3/19/93 and only had one day to look at the case.) 3) Providing evidences: 4) Final statement. I': Read tile indictment .I to M: (over1 What is 3'our opinion about the indictment? M: Those were groundless accusation with sheer fabrication. I am innocent. P to IXI: question about program-insertion. 1 ) Tell about the spot you picked Inspected 7, picked 5. not certain if they were all good for program-insertion. 2) Where did you buy the tools? Wuxi 3) Did you place them together? Yes. 41 Time of planned program-insertion? Crone to Yangzhou to try the installation on 10/21. Because I had to leave on 10/22, so wanted to give a try. 5) Where was the first place you would do? Ganquan Road, Since there were too many people, I went to the second place. 61 What did you leave behind at the police station? 5 sets of devices. 7) What happened then? I left for US. 8) Were you detained again in Guangzhou? It was illegal A to M: I ) How many sets of devices; are they going to damage the conveying function of Cable TV System? 5 sets. No damage. 2) Subjectively, did you want to damage the functions? No. 3) After the installation of the devices, are the functions of the network affected? No. 4) When it is being installed, are the carrying function and regular program going to be afl:ected? No. 5j If the wires were connected incorrectly, would there be any damages? This situation would be avoided. There won't be any dmnage. J (Yuan) to M: I ) How did you design the prepared devices? The precondition for designing is not to damage the conveying functions. 2) tlow did you prepare the tools? bought program-insertion tools, knife, etc. 3) [)id you bring all tools for installing and preparing the devices to Ym~gzhou? I think not. 4) Did you leave any tools at Jingmin Zhou's Place? No. 5) Evidence Presentations by the Prosecutor The First Category: Statement of mine I. That of 2/I 3/2003. page 3 of volume 2 - to prove the program-insertion methods: Two methods: 1 ) connecting the device to the amplifier. 2) Peeling the skin of the wire. cutting it of{; then connecting them into the device; when the timer is timed on. then it is cut off. {Note: thc reference has been changed deliberately. I didn't notice it ,at that time). ol ~/1 ,,=00.). Page 2 of Volume 2. things left: map and tools, etc. 2. TI'mt ' '~ '~ ~'~ ~' J to N~: Any different opinion? Basically no. · The Second Categor)': Testimonies of Witnesses. Genlh Wang: 5 sets of Panasonic VCD players - seller (10/19/2002) P: asked Wang to point out (recognize) A to Wang: Did Li tell what to do with them? No. ._.'~ Ming Zhang. taxi driver. 2/21/2002 p: Asked him to recognize. Zougqiang Wei: (Allied) policeman (Bianyimen station), finding suspicion situation while patrolliug. About I am in the morning, saw a person with two bags. Asked where from. he answered from Wuxi. Asked for ID, he didn't bring any. So we brought him to the station. P to Wei: Any other situation? Escaped when we didn't notice A to Wei: 1) when you found him. what was he doing? Walking. 2) When you found him walking, did you see him doing anything illegal or was there any dedication that he was going to conduct anything illegal? No. Since it was about I am, when we see people in the street, we must integrate, he wasn't doing anything illegal. 4. Zhongfei Ding: Together with Wei. similar testimonies. A to Ding: I I You tbund him together with Wei? Yes. 21 Did you have any conversation with him when you brought him to the station? Yes. 3) Did he tell you what he wanted to do while walking to... ? No. 4) Did you find any illegal conduct? No. J to Ding: 1 ) Did 3ou ask his name and where from? Li, Shangzhou: from Wuxi. 2) Did he show you his ID? He didn't bring it. 5. i luijin Min (L:ngineer, Network Conveying Center. Yangzhou Municipal Bureau °f Radio TV), Explaining the situation on progmm-inse~ion spots. P m Min: I ) Did your xvorking unit receive the request to do the examination? Did you get involved? Yes. 2) Please describe the examination process. The five spots at Ganquan Road. Changzhenxi Road. Jungong Building. I~aohushan Road. etc. are all major wining of cable TV System..there amplifiers around and are suitable for ca~ying out the program insertion. ' 3) Itow many customers we~ covered by these 5 spots? About 6700 households. 4) i f the program.insertion (devices) were successfully installed- so many cust°mers would be aflbcted, what would be the results then? All TV signals would be cut off for lhose customers. They could only view the inserted program. 5) According to what did you get the answer that 6000 households w°uld be allotted? It was deduced from the design-diagram. P requested to present thc paper document J: till later M to Min: I ) Did you check the 5 pages of recording paper I made while inspecting in Yanghzou? No. 2) Then you did not know how I picked those spots, right? No, I did not know 3) Iftheinsertion was successful, all five spots would lose their TV signals. How did you get this conclusion? The'related department would get this conclusion. 4) The related departlnent? Do you have any concrete evidence? (could not answer) 5) Then you do not have any evidence to support your conclusion. Right? (Repeated questioned, no answer.) 6) 'fhese 5 spots cover 6200+ households, right? Yes. Are you certain? Yes. 71 The ~ttomeys from Yancheng Tongzhou Hang Law Fim~ told me. after they read thc files, that one of them was optical cable instead of Cable TV cable, is it right'? Yes. 8) i just asked you repeatedly that if five spots cover 6000+ households all together, you gave "yes" answer to all of them. Yet. you just confirmed that one of them ~,vas optical. Why did you change you answer? (Could not answer. Repeatedly asked, no answer.) 9) 'fhcn the conclusion you drew' that all of them would be cut off can not stand at Is it right? (Silence) 101 Did you see the devices I made? Yes. I I ) Do you have any understanding in the mechanisms of my devices? Theoretically. it should be like that 12) Please explain. (Could not explain.) J: (stopped me from further questioning.) M:I Did not continue.) A: The inspection on the objective situation of the cable routes cannot be used as a base for jndging the case. A to Mtn: I I Did you find any damage on these spots while inspecting them? No. 2) \Vixen tile devices are being installed, is the signal conveying going to paralyze? Yes. 3) Is it going to be paralyze of all channels? Yes. 4) Is it going to be all channels? Yes. .I to Mtn: What kind of title do you have? vice-dircctor of Department of Engineering, assistant Engineer. P ~o Mtn: I) If program-insertion succeeds, are all signals going to be cut off? All regular cable TV signals will be cut off. 2) Are customers going to receive all signals? Only signals of inserted program will be received. P explains: Prosecutor thinks that what would be affected onto 6000+ households described by Mtn are signals l¥om TV station, not all signals. It is not possible that two kinds of signals be received. M to P: What are the differences between those two kinds of signals? (P refused to answer.) J (Yuan) to Mtn: 1 ) As an engineer, what kind of duty do you have? The designing 0fthe diagram of cable TV routes, carrying out and maintenance. 2) Do these 5 spots fall into your duty? Yes. 3} Is one of them optical cable.'? Yes. 4) Effecting 2000+ household, is it regular cable TV signal? Yes. 5) The calculation you did on the customers belong to Cable TV cable scope? Yes. M: Raised my doubts on the legitimacy of Min's testimonies. A to Min: 1 ) In the conveying system of cable TV, can one cable convey many sets of programs? Yes 2) Do you know if the cable will be cut off?. No, I don't 3) If it is not cut. is one channel or various channels will be affected. Various channels. 4) Are Mr. Li's devices going to emit one frequency or multiple frequencies.'? 1 don't know 5) I fit is multiple frequencies, is it going to affect many (channels). Your understanding is not right. The cable routs have many facilities; nsing digital signals, happen at the same time. 6) Is that all channels won't be viewed. Your understanding is wrong. 71 Multiple channels be affected? All coming signals can be cut off. 8) i f (the device) emits one channel, at normal situation, are all other channels going 1o be affected: No, it won't. 6. Jingmin Zbou (testimony was read), situations, what happened in Wuxi. M: couldn't confirm what he said was all true. 7. l.iangiie Tan (testimony was read), Canzhong Holtel in Wuxi. 8. Wei \Vang (testimony was read), Wenjin Hotel in Yangzhou · The Third Category: Natural Evidences I. Devices and tools: There were five sets. one was presented. M: They looked like my stuff, but I am not certain they are mine. p explains: The Public Security Organization took the photos it appraisals. there was fingerprint left. It can be certainly concluded that they were left by Li. A: il cannot be confirmed that they were left by Li, need further evidences. The list of things p: (requested twice to present the list). J: (looked the list) many things have not been presented yet. (looked the photos). M: Not sure if these are my things. In my impression, I brought the night-seeing devices, multiple functions scissors, VCD players, modulators, etc. J: (Allowed to show the list) M: I am not sure and it could be verified that these are my things. They cannot be used as evidences. A: A list of things cannot be used as evidence. It canuot be used lbr judging the case. The Forth CategoD': Documentary Evidences: I. passport, 2. custom records from Pudong Airport. Shanghai. 3. Lodging record, 4. Taxi receipt. 5. Map of Yangzhou 6. 5 pages of Recording paper. 7. Receipts of VCD player. 8. Yangzhou Municipal (PBS description of interrogation and detention (10/22/2002 1:30 pm - 4:50am (escaped). (1/22/2003 detained.) M: The detention of 1/22/2003 was illegal. There was no evidence showing that I violated any law. I didn't commit an)' crime. A: This documentary evidence cannot be used tbr indictment. The Fifth Categoo': Appraisal Conclusions I longliu Gvo: Section of Technology, Dept. of Domestic Security Safeguard. Wuxi PBS. J: presented Guo's Certificate of Appraisal Qualification (issued on 2/18/2003~ handwriting appraising) (iuo: Appraising conclusions: Wuxi Municipal Bureau of Appraisal//(2002)143: Thc recording paper left on 10/22/2002 in combination of comparison with Li's history at his xvorl~ing unit in Wuxi. These were made by Li. Guo, Jun Wang, Shao. etc. on I 1/1/2002. M: Pointed out immediately the discrepancy of the dates on which the appraisal was done and which the cerlificate was issued. Raised doubts on its legitimacy. A: The appraiser must be legally qualified; otherwise, it cannot be used as evidences. Guo: l lad the qualification long time ago. M: Raised the doubts about the legitimacy again!!! (Afien~oon) 2. Ruibin Wang. Fingerprint appraiser from Yangzhou PBS. Took a battery from the night-seeing device, there was a fingerprint on the battery, slightly disfigured, after being technically processed, it complied with the ftngerprint l¥om Li's lel~ pointing finger. M: I don't have special knowledge on fingerprint to give opinion. 3. Yah Cui. Assistant Engineer from National Bureau of Movie and TV, About the functionality m~d the usage of the devices. Appraisal Conclusion (#304903125044) Functionality test: (I) Overall test was done on 1/2-6/2003 (2) Sample descriptions: the box, timer, filter. VCD etc. (3) It does have the function of timely cut-Replace program insertion. (41 Equipments used in the test: frequency-analyzer, etc. (5) Methods. put it on the simulating network in the laboratory, then turn on the power... M to Cui ( 1 ) What are the difference between the simulating network and actual network in the field? : (Could NOI answer) (2) Then how can the results from the lab be used in actual network? : after the front ends be connected (briefly described how it is done in the lab.) {3/Are they comparable? : (Could not answer) (4) Then the appraisal results do not have any actual meaning for the ease *. J (Yuan handed a note to Huang): You can only ask questions about the appraisal rcsulls. (Stopped me from further questioning). A: (1'} have no question about the timely Cut-Replace program insertion, ltowever, the appraiser could NOT answer actual question about results. · 'filE SIX CATEGORY: Records of inspection and examinations. Description of thc 7 spots, done at 14:10 on 10/22/2002. M: ( I ) can not tell if it is accurate. Since I did not have a chance to get up there and inspect them carefully. (2) }lowever. since it did not specify the spot with optical cable, it's therefore contradicting to what has been said before. Therefore, it is untrue. A: (it) it did not have any relation with thc case, since it did not specify the spots LI wanted and methods he could use. 3'lie END OF EVIDENCE PRESENTATIONS BY THE PROSECUTOR M: Requested to present the evidence to prove me innocence. ( 11 5 mini VCD disks confiscated on 1/22/2003 and the VCD disks confiscated on 10/22/2002. Also explained the requests were given via Mr. Chen (Yangzhou Detention Ctr.) between 3/12-14. J: {Denied my request) Because the indictment was made for the action of program- insertion. NOT the content. M: I am exactly trying to explain that my action is protected by law by using PRC constitution and criminal law. Why do you deny my reqt, est to present the evidence: \Vhy do you say the evidence illegal? J: Did not answer, refused to answer.) (Repeated this back and forth several times !!!) (2) Requested to present the laptop hard-drive, left with my friend Jingmin Zhou, which contains evidence that can prove my innocence. J: (Denied) M: ~ Repeated Request) P: It is not related to the case. M: The hard-drive contains detailed technical data. M to P: Have ever checked the content inside it? J: (Stopped me from questioning P) (Refused the request). 01epeated this back and forth several times !!!) IqlASE OF DEBATE P: (I) General Arguments. ( 1 ) The facts were clear, accurate and abundant. ~2) The investigation was lawful, fair. (3) I tis action if illegal program-insertion, attempt to damage were close to what were said in the indictment. lie admitted the facts about (would be) installation spots, being brought to thc station and interrogated without denial. These confirmed with evidences, related to each other, objective and intact. We think the indictment is clear. 01) About the first section in Article 124 of the Criminal Law. (1 i Damage: the "damage" does not necessarily mean the dysfunction of the system caused by "physical damage", it also refers to the dysfunction caused by "formless damage". 12) Endanger (Public Safety): Cause the customers unable to view regular TV programs, unable to receive TV programs, which is bluntly against the principles of modern civilization. It is a damage to public's legal rights. ~3) 1..essons: As time progresses, these principles apply everywhere. Even though Li has got US Citizenship, yet while he IS in PRC, that article still applies. He should abide it. It is also a respect to our country's sovereignty, etc. Li was born and grown up in China. he also has a Doctor's degree, he should use his knowledge to ser~e the society, human being etc. (4) (We) think the facts are clear, evidences clear and certain, comply with the indictment, etc. M: Self-defending Arguments. (I) Can I question the prosecutor? .l: You are NOT allowed to ask P any question. (2) Am 1 equal to the prosecutor by law? J: No. the prosecutor is representing the country to indict you. {:3) Pointed out three aspects in the indictment. (a) Illegal action of program-insertion. (b) Deliberate attempt to damage. (c) Endanger public safety. (4) As for the first aspect. 1 used "emergent disaster-preventing measure" in the first section of Article 21 oftbe Criminal Law to defend nay action. (I was stopped by J. while just mentioning the legal categorization of Falun Gong.) J: it is NOT the content of your program-insertion that has been indicted as illegal, but your action. M: I am exactly trying to explain that my program-insertion action is legitimate by using PRe constitution and Criminal Law, and is protect by lay, please allow me to continue. *** J and M: (Repeated the above words for 4-5 times!II) M: Are you depriving nay legal rights of self-defending. J: ( Do not answer) (after a moment). J: OK, you are using "Emergent disaster-preventing measure" to defend you program- inse~'tion action. Then what about the second aspect.'? (Since I could NOT further explain and describe "emergent disaster-preventing measure" xvithin the scopy of law. I started to talk about the second aspect.) {5) As for the legal meaning of"damage radio-TV facilities", the key point is the "nom~al function(s) being damaged". For example, three people went to Yangzhou Bureau of Radio-TV and t)tslc':'?': Several computers, 400 meters of cable, 3 cable TV amplifiers, and were then caught. You can only charge them will "Burglar3"' instead of"damaging radio-TV facilities" (stopped by J) (.I: you do not need to explain in detail the understanding of law. you should defend 3'our action). I explained why the normal functions of cable TV network was the necessaD' condition and hox~' to prevent the nom~al conveying functions from being affected. (Sin~iilar to the self-defending words prepared beforehand. Omitted here). (6) Sell'-defending argument regarding "endangering public safety". It would be impossible at all to cause any damages on public safety. (Similar to self-defending words before. Omitted here) In the meantime, pointed out that the prosecutor replaced concepts deceitfully. (7) Article 124 could NOT be applied here at all!!! A: Del;~nder's Arguments. What here happened as subjective facts are all clear. As for Li's 1st argument of "emergent disaster-preventing measures", the court should decide whether it is correct. The defender has the following arguments: The defendant's action has been categorized by the prosecutor as "Crime Preparation" in the indictment (Letter), it has constituted the violation of against Article 124 of the Criminal Law and should be given lenient, rcducted or mil punishment in comparison with the results from committed crimes. However. we can NOT agree with the indictment on the defendant with the charge of "damage radio- TV thcilities, endangering public safety, .... '. The reasons are as follows, [1] One of the essential (necessary) elements in the constitution of ~¢** the charge is that the result of the objective behavior must be serious enough to reach the extent of e-ndangering (Public Safety). The indictment is not appropriate because the constituting elements do now fully accord. [21 About the object. The object(s) of deliberately endangering the public safety shonld be the safely of lives and properties of the public. The charge lack evidences. Under certain unexpected uncontrollable situation, such as fire of high voltage power facility caused by inappropriate operation, the result could be damage(s) ~o~xards lives or properties. But it is impossible this will happen for sure. Therefore the charge is inappropriate. [3] About the subjectivity. (The defendant) did not want to use any destructive methods to damage the safety of lives and properties. Yet. he wanted to let the audience to receive his information by using the existing cable network, the facilities themselves should be comcnt. [4] About objectivity. If the action actually caused the damage of lives or properties, lie would be of course need to bear certain responsibilities. However. since nothing happened, the results can NOI be used to judge. You can only suspect his possibility. Foe example, if there would be any damage caused by inappropriate operation, which would still be used for responsibility calculation, yet is only a possibility, not a fact. [51 Some of the evidence presentations and materials can NOT be used as base judging the case. [6] It is possible that the program-inserting devices can get into the facilities, but it is not the "damage" as defined in Article 124. The affected would NOT be the lives or properties either. The results would be at most the affection of customers' rights to x'iex~ regular TV programs or affection of customers' cultural life due to their possible unwillingness to view the inserted program. 171 The charge is NOT appropriate. It is NOT to sa5' that (defendant's act) would not cause damages) at all. Even though it would not violate any items in the Criminal l,ax~, it might cause the other kind of damages. This possibility should be realized. [8] ltope the court can make a fair trial. P: Prosecutor's argument. (Second round) { I ] About the question of legitimacy (of the action): the charge is the violation of A~iclc 124-damaging Radio-TV facilities. The following should be emphasized: (a) the reasons why (he) wanted to do the program-insertion and its content are NOT the necessary conditions (for the charge); no matter whether they are legitimate or not. This is the defendant's trial to confuse the public. (b) to reveal the truth about Falun Gong would not legalize the action, lc] It is ordained in Article 15 of "Radio-TV Facility Protection Regulations" that, if one wants to put on or insert any devices on TV cable routes, lie or she should get permission and the device should be installed by professionals. [dj using "Emergent disaster-preventing measure" is (his) misunderstanding of the law. [2] As to the saying of"did not have any attempt to damage", it is the distortion of the concept of 'damage'. "Damage" refers to NOT able to function normally, not able to transfer, not able to convey signals, cutting offwires etc. In addition, the defendant confuses "subjective purpose" will "subjective intention (deliberation)". (We) should looked at the results of whether it is cut off. rather than no attempt as (he) emphasized. iO [~3] I'reparing the devices and tools is an important part of crime commitment, it is enough to constitute the crime preparations. [4] Whether it has already caused any result is not a necessary condition for constituting the crime. The damage of the safety of public communication leads to the afi~ction of signals of communication conveying. Affecting nonnal communication ~vonld be enough to damage the public safety. [5] As for the defendant's argument that lenient, deduced or nil- sentence should be made in coasideration of various factors including actual behavior etc. Even though thc defendant has admitted all the facts, he has refused to admit his crimes, ltis · '('rime-repentance" attitude has been poor. [6] About the defender's argument that there are not enough constituting conditions and theretbre the charge of "Article 124-Damage Radio-TV facilities" should be denied. The fact that it has not yet caused any serious result can NOT deny that there arc already enough necessary conditions for constituting the crime. If it has already caused results, it would be an item for amounting up the punishment. [71 As Ibr the defender's argument that it is the usage (of the network) not the damage. If everybody come and make use of it, how can we protect thc safety of conmmnication then? A: The prosecutor's argument that the defendant had a poor-repenting attitude is not appropriate. Because 15 has stated all facts with honesty, but he does not think it is a crime. It is his own understanding, not de facto attitude. M. "Poor repentance attitude" is a very absurd argument. If a person is innocent, you forccl'ully want him to admit crime, it is to undermine the law. (then .... I:inal Statement. Appeal Letter hm-oduction Ihc verdict made by Yangzhou Municipal People's Intemlediate Court of PRC On March 21.2003 via its first level trial on the case of suspecting me of having committed i°sabotaging radio & tv facilities, i* has not only violated basic legal principles, but also shown their arrangement to illegally persecute me on through unlawful sentencing. The basic facts about the case are as follows- I traveled from US to Wuxi, Jiangsu on Oct 5.20(12 to explore business oppot~.unities and. in the meantime, to prepare the revelation(?) to the public on Yangzhou City about the persecution on Falun Gong in Mainland China by using cable tv networks. 1 inspected the cable tv networks in Yangzhou and picked 5 spots where the program insertion devices would be installed, from Oct 11 to 13 (?). Then I went back to Wuji and put together 5 sets of devices lbr program insertion. ,Since I had to go back to the US on Oct 22, 1 went to Yangzhou to give atD' at the night of Oct 21. Finding it would not be feasible to install the device at thc first spot since there were too many people around, I went to tile second spot. While xx a lking oil the street at around one oi-clock in the morning, I was interrogated by two patrolling policemen and brought to the nearest police station because I did not have an ID card issued by Chinese government. At around 5 in the morning l got away from the police station. Yangzhou Peoplei-s Procuratorate charged me. in its indictment numbered(2003)4, with thc Ibllowing: i°in order to serve the purpose of illegal program insertion, attempted to sabotage radio tv facilities and to endanger public safetyi±, and therefore violated tile first section of Article 124 in the Criminal kaw of PRC. and so-called i°the crime stagei± was al i°preparation, i± Thc essence analysis (?) on this charge fall mainly into two aspects: firstly, whether the act of program insertion is legitimate; secondly, judging with article 124 of the Criminal l_aw alone, without considering the act of program insertion itself is legitimate, whether fl~crc are enough essences(conditions) to ??? the crime. Yhat is to see 1) whether tile program insertion will cause damages on tv network facilities and 2) whether the damage(s) will reach the extent of endangering public safety. To constitute the violation against Article 124, all above stated conditions should be met, that is i°the behavior can not be legally justified, the insertion will cause damage and public safety will be endangered. On the other hand. lack of any of these conditions will cause the charge invalid. PART ON E- Whether the act of Program- Insertion Itself is Legitimate What needs to be explained first is that ???? of program insertion is not only protected by the Constitution and the Criminal Law. CI IAPTER ONE Article 21 in the Criminal Law h i-s constituting elements 'fhe first section of Article 21 in the Criminal Law ordains i° in order to protect the countq', public interest, personal safety/property and/or other rights/interests of self or mhers from -present danger, those who have to take emergency disaster- preventing ntcasure, which results in certain damages), bear no legal responsibility depicted in the Criminal Law. i+ Thc essential elements in the first section of Article 21 are 1) the danger really exists and is happening, 2)it is really possible that the measure will or can prevent or stop the present danger;3) to take the measure is situation- driven, that is there is no other more or equally effective way. Ifa measure taken meets these three criteria, then it is an i°emcrgcnt disaster-preventive measurei± depicted in Article 21. I xvantcd to reveal the truth about unlawful practices of forbidding(?) and illegal persecution of Falun Gong in Mainland China to the public by using cable TV networks. The purpose is to stop this persecution and all kinds of damages and dangers onto the countD' and the public resulting from the persecuti'on as soon as possible. CItAPTER TWO I'he Illegality of the Crackdown on Falun Gong and Its Severe Damages Section ()ne Some Legal Questions About Falun Gong Falun Gong shnuld be legally categorized as religion and beliefi It has five sets of exercises to purify the practitioners body and improve his health, and it has also a cultivating system, with assimilating oneself to the universal characteristics of "mnhfnlness. compassion,forbearance" to continously upgrade the practitioners moral standard as its key. Strictly speaking, however, it is not a religion but cultivation system both fnr ones moral standards and physical health, since it has no religious rituals or rules. As long as a practitioner really cultivates himself or herself, he or she will be regarded as a disciple, eyeD' one is free to join or leave. On the other hand, Falun Gong, also has ,xomelhiug in common with some religions, it emphasizes on cultivating one's heart, it has thc belief in the existence of higher living beings(Gods) and ultimate goal of human lilk is to retnrn to one's origin. Therefore, its legal categorization is still religion and bclicfi Thc illegal l'orbidding and persecution of Falun Gong on(in?) Mainland China started Ii'om July 20. 1999. The following are the historical facts about the pesecution of Falun Gong that of legal matter. At the night of July 20, 1999, the members of Falun Dafa Research Association and most people in charge of the assistance centers at provincial and municipal level around the countD' were arrested secretly. .2 On .July 20, 1999. the Ministry of Civil Affairs decreed that Falun Dafa Research Association was an "illegal organization" and therefore be outlawed. On the same day. the Ministry of Public Security also made an announcement of "six prohibitions" including the prohibition of practicing Falun Gong by any citizen, the prohibition of appeal to (the) government by any one for the sake of Falun Gong, the prohibition of teaching or spreading of Falun Gong, prohibition of publishing books or materials of Fahm Gong. etc. Around that time. a lot of Falun Gong practitioners appealed to to all levels of related government organs. Many of them were beaten, arrested and put into jail. In the meantime, the media such as China Central TV(CCTV) and Pe0ple,'s Daily put out all kinds of stories or "crimes about Falun Gong or practitioners, declared to be true yet seemed unreasonable. Nevertheless. not a single sign indicated those things had been investigated or proven legally or scientifically. For exmnple, among 700 plus cases of deaths and disabilities(?) at that time, not a single case had been carefully investigated in order to make sure that those were not real Falun Gong practitioners, who had been cultivating themselves according to provided principles. On Oct 25. 1999. People's Daily put out a commentary declaring that Falun Gong was a cult. On ()ct 27, 1999. Jiang, the contemporary Chairman of PRC, nmde the same declarations while visiting France and being interviewed by "Figaro Times." ()n (.)ct 30, 1999. the People's Congress of PRC made some judicial explanation on Article 300 in lhe Criminal Law. After that. many Falun Gong practitioners were illegally and heavily sentenced with the charge of"to block law enforcement by using evil cult organization," the longesl sentence was 18 years in prison. ()n January 21,2001, CCTV i'eprted that five Falun Gong practitioners conducted sel f- immolation on Tiananmen Square. A week later, the number of self immolators was changed to seven in the "Talks on Focuses" program on CCTV. Section Two Analyses on Legal Issues Involved in the Forbidding and Crackdown of Falun Gong As for the decrees made by the Ministries of Civil Affairs and Public Security, they belong to governmental regulations and can not (should not) be entbrced if they are against the Criminal Law enacted by the People's Congress, let alone if they against the nation*s fundamental law' -the Constitution. In the past. a few people cheated others oot of their money, victimized ordinary people, by using smoke screens such as treating diseases in the name of"Falun Gong," and therefore also damaged the reputations of 3 · 'Falun Gong."lt was absolutely necessary to punish these criminals according to the law. ltowevcr, these eases should be processed only case by case. Yet, the MPS put out "six- prohibition" decree, without any legal or scientific support, to deprive the right of practicing Falun Gong from all chinese citizens, to deprive their related freedom of speech, fi'eedom of publishing, freedom of assembly and their right to appeal. This kind of "painting them whiter with the black"acts not only constituted the crime of dereliction of duty (Article 397. 3997 in Criminal Law), furthermore, it is seriously against the Constitution. Article 36 in the Constitution clearly orders, "Citizens in PRC have freedom of religion. Any governmental organ, organization in the society or individual can not force a citizen to take or give up a religion." Article 41 in the Constitution ordains, "Citizens in PP, C have the rights to give criticisms or suggestions to any governmental organs or official, have the rights to report, appeal, or indict to governmental organ(s) about unlawful act(s) conducted by certain government (?) inappropriate listed organs or official(s). Article 35 ordains '~PRC citizens have the rights of speech, publishing, and assembly." l't is very obvious that the "six -prohibition" announcement put out by the MPS seriously violat'ed PRC Constitution. Many Falun Gong practitioners have been tmla~vft/llv detained and persecuted while they were using their constitutional rights to appeal. 1 l~wever, there was still no usable legal item to sentence these practitioners in July 20. 1999. that is because, of course, their actions were all reasonable & legal. Yet, after ()ct 30, 1999. on which when the People's Congress made some judicial explanation on Article 300 in PRC Criminal Law. many Falun Gong practitioner were then sentenced by charging with the "crimes" in Article 300. The unlawful character of this operation is also vcD' obvious. Article 12 in PRC Criminal Law ordains, "During the period between the l'mmdation of PRC and the starting date of the enforcement of this Criminal Law, any behavior, that did not violate any contemporary law, would be only judged with contcmporaD' law." The judicial explanations made by the People's Congress on Article 300 ot~ Criminal Law should also fall in this category. Before its enacting, if my(or any?) bchavior did not violate any contemporary law. it should be treated as a legal one tbrever. I Iowevcr. many Falun Gong practitioners were arrested around July 20, 1999. and then all sentenced with the charges tbund in the judicial explanations enacted on Oct 30, 1999. lhis kind of"arrest-first-then -enact-as law-to-punish" operation has not only gone against the principle of fairness and objectiveness in law enforcement, but also seriously undermined the entbrcement of the Criminal Law itself. The above is a brief about the illegality of the cracking down on Falun Gong. In actual operations, the media have played roles of confusing the public, painting the white with black, fabricating "drimes" and demonizing Falun Gong to support the persecution. 'l'he examples are the TianAnMen Square self-immolation on Jan. 23,2001, 1400 cases of deaths and disabilities, honficidal case ofFu Yibin in Beijing etc. They are all fabricated excuses for persecuting Falun Gong. The media have become tools of making up and spreading lies, confusing and poisoning the public, in the hands of a few government officials who have sticed to their pathological minds of cracking down Falun Gong. Section Three Severe Damages from the Crackdown of Falun Gong 'lhe illegal crackdown has lasted for more than 44 months and caused extremely serious damages that are still worsening and deepening. About 100.000 Falun Gong practitioners have been detained or been put into prisons illegally. Thousands of practitioners have been sent fomefully into mental hospitals tbr torturing with nerve damaging medications and electric shocks. Up to Jan 20. 2003.552 deaths had been documented, all of them resultedfrom police and illegal torturing while the practitioners refused to give up their beliefs and practice. That is one death in every two death in average and it continues to mount(?) up. During this period, some Falun Gong practitioners have given up their practice because of confusion or being threatened and thereafter been bearing severe mental as xx ell as physical torturements(?). In addition to the persecutions imposed directly on Falun Gong and the m'actitioners, the crackdown has also caused tremendous damages and malignant inllucnccs onto the public and the society. Due to the long-lasting crackdown on and dclhmation of Falun Gong that has "Truthfulness, Compassion. forbearance" as principles, the cheated general public often conduct themselves against"truthfulness, compassion, forbearance," some even developed hatred towards "truthfulness, compassionl tbrbearance." This has resulted in rapid sliding of social moral standards, pcoplc become hostile easily towards each other, all kinds of crimes Ilood all over, which in turn worsens all social problems. In the meantime, law enforcement organs such as I~i:~S tBucaus of Public Security) wrongfully carry, out illegal policies and commm~ds from "610 office" and the Ministry of Public Security, and spend a lot of human and other resources on arresting and cracking down on good people, which in turn causes weakening law entbrcement on real crimes. On the other hand, the absolutely illegal character of cracking down on Falun (ions has seriously shaken and corrupted law entbrcement 'officials' and the public's I'ailh in m~d observing China's legal system. These criminals who have been murdering I:alun Gong practitioners are still at large, a faction of high ranking officials who prioritize their personal power over everything else and who have sabotaged China's legal s~ stem at will are still on posts. This situation is no doubt a serious poison which can u'ndermine the nation's foundation, especially for it's goal of constructing the countD' as a rich and democratic one. Chapter Three Conclusions in Relation to Article 21 1. Above are explanations, from several aspects, of the damages and dangers that have been imposed onto the country, public interests, people's lives, their personal and property safety as well as citizens' constitutional rights, caused by illegal crackdown on Falun Gong. This constitutes the first essential element in the first section of Article 21 of the Criminal Law,ie. the danger(s) really exists and is currently happening. ~1. There are many reasons why this illegal crackdown has lasted for so long. One of the most important reasons is that most people have no way to know, the truth and are further cheated and confused by so many lies. This has not only paralyzed the social supervising functions in a democratic and legalized country, but also hindered the judicatory and law enforcement systems from exerting their function of correcting judiciary x~xongfulness. If the general public can get to know the truth in time, they can then use their constitutional rights in Article 41 to report, appeal or indict the criminals to related governmental organs, and therefore to help to stop the illegal crackdown immediately. This would directly prevent these dangers from further 'happening. If the laxv enforcement personnel know the truth, they could stop their blind carrying out of unlawful commands, no longer help the tyrant. while the legislative people can start the legislation of outlawing the unconstitutional decrees. In summary, to let the public to know the truth is a very effective act to prevent the above stated dangers. It constitutes perfectly the second essential clement in the first section of Article 21 of Criminal Law. that is. the act can really prevent, deviate, or stop the imminent or present danger(s). Ill. In order to stop this illegal crackdown, a very large number of Falun Gong practitioners have used their constitutional rights ordained in Article41 aud gone appealing to the government since July 22. 1999. ltowever, the appeal offices of different levels of government have been turned into "police departments", many practitioners have been arrested and sentenced with the "crimes" in Article 300. Furthermore, certain governmental organs have made administrative commands to prevent Falun Gong practitioners from lax~fully appealing and forced the governmental organs at lower levels to carry out. The means of lawful appealing have been blocked, let alone to allow people publicly telling the facts and (?)debating(labeling) on (or) media. Of course there have been Falun Gong practitioners distributing truth fliers. Yet it is relatively less peaceful and would be much more difficult to fund as a means to stop the above dangers rapidly. On the other hand, these practitioners have also taken all kinds of risks such as being illegally arrested and tortured. Using TV networks to tell the truth to the public has therefore become a real powerful and effective method that can function to prevent/stop these dangers and dmnages from further happening. That is to sa3', it constitutes the third essential element in the first section of Article 21- there is no other equally & more effective way. Conclusions What has been said above clearly shows that the usage of cable TV network to tell the public the truth of illegal crackdown on Falun Gong should be an "emergent disaster preventive measure", ordained in Article 21 of PRC Criminal Law. which should be beneficial for both the country and the people. It should be therefore protected by law. Even if it results in a small damage because of any unexpected event, the person who does it should bear no legal responsibility in the Criminal Law. It is those criminals, who have been persecuting Falun Gong, that should be indicted. PART TWO Detailed Analyses in Comparing with Article 124 of PRC Criminal Law- Including Analyses of Unlawful Deeds by the Prosecutors & Judges Article 124 of the Criminal Law reads: "(to) damage radio TV facilities.- communication facilities for public usage, (resulting in ) endangering public safety, (xvill be) sentenced 3-7 years in prison."(First Section) This article is categorized as a crime which endangers public safety over here, "(to) damage radio TV facilities" falls into the category of"intentional offense" defined in Article 14 of the Criminal Law. Subjectively, it is to sabotage on purpose. The definition of endanger(lng) public safety" is "using dangerous method(s) to damage the safety ora groupof unspecified people's lives or property, which would be serious enough to cause or have already caused damage(s)." The object in the components constituting the crime is the safety of people's lives and/or properties, while the objectivity is that the damage is already done or it would be serious enough to cause damage(s). Simply put. the essential elements in constitoting the crime ordained in the first section of Article 124 are 1) Subjectivity- intentional offense. 2)objectivity- damage already done as serious enough to cause damage, 3)object- safety of lives or properties. Chapter One Reasons Why and Evidences that I Have Not Violated Article 124 of Criminal Law l.Analyses of the Subjectivity in Program- Insertion Action Since my purpose was to reveal the truth to the public by using cable TV networks, the conx eying function of the networks must be normal. Therefore. the maintenance of the conve~'ing function is the most important precondition for the success of the program - insert(on. To ensure the success of the whole plato it must be made certain that operation of cvcrv and each of these five spots be successful. The reason was that any dysfunction of the ~ctx~'orks caused by my operational mistakes would lead to careful examination and inspection on the networks bv related personnel, which in turn would result in the exposure of all other spots, since there ~:ould be more 15 hours from the installation of the devices to the actual broadcast. Also. I also have a responsible attitude toward public properties as a Falun Gong practitioner who cultivates "Truthfulness~ Compassion. Forbearance.'~ In summary, from the Subiectivity point of view, 1 have taken it as one of the most important lhctors for the success of this program-insertion to ensure the normal conveying function of the cable TV network wiring route. It never be possible "to damage or sabotage the radio TV facilities" considering either the design and making of the program-inserting devices or in field installation of them. There were detailed technical illustrations in the hard drive ofmv laptop. However, my request to present them was unlawfully refused at the trial. (I x~,ould nDt describe them in detail here because of the lack of time. The point here is that the normal conveying function of the network will be intact, during and after the installation of the devices, which is the key to judge whether it constitutes the "damage or sabotage the TV thcilities.") I1. Analyse~ on the Results from the Program-Insertion '7 Even if we take out tile issue of legitimacy of program-insertion discussed in the first-part. thc results from program-insertion will not cause the damage to the public safety at all. In tile testimony by Mr. Huijun Nin, an engineer from the Network Convey Center of the Radio TV Bureau of Yangzhou City, it was mentioned that what would be affected would be customers' viewing of regular TV programs. That means the Obiect on this case is customers? cultural lil~ which does not have any relation with the safety of people's lives or properties at all. From the o_biectivity point of view it would never happen that the results would be serious enough to cause damage onto the safety of customers' lives or properties. Therefore. none of the essential elements to constitute the violation against Article 124 of thc criminal Laws exists! Then. what kinds of means Mr. JinHong Zhang. from Yangzhou Intermediate Peoples' Procur;~tor. took to fabricate athe Crime and illegally indict'? And how Yangzhou Intermediate Pdoples' Court partially took Mr. Zhang's stance, deprived my legal rights and unlawfully made the verdict: Chapter Two Analyses of Prosecutor's Unlawful Conducts Section One Evidence Presentations Evidence presentations by the prosecutor fell into five categories. In order to fabricale the Crime and make the indictment, he used the means of"change content with chopped quotation," "deliberate distorting (meanings): "provide false evidence(s) 8,: statement(s)." "hide evidence(s)," "confuse the public audience)," etc. ( I ) My Statements a. Statements on 2/13/2003 Means: Changing cOntext with chopped quotation t- 8: flipped sequence, intentional distortion. The purpose was to give a wrongful impression that I had the intention to "sabotage." Analyses: In my statements, I described that unwanted wires would be cut after the installation of the devices Zhang picked the sentence out of context and flipped over the sequence. In fact. the normal conveying function would not be affected at all during installation. 2. Statements on 2/12/2003 Means: Confusing the public, to quote so-called evidence that did not have any legal nature or relation to the case, to show that they had enough evidence. ~Analyses: These did not help the indictment at all and therefore did not need to be presented, since it did not specify the tools and their usage. It should be emphasized that the communications between me and the officials from Yangzhou B.P.S(Bureau of Public Security) & the MinistD' of Public Security lasted Ibr tx~ o s~eeks, i-et the quotation from my statements by the prosecutor was very little. The reasons were obvious. Considering the teclmique I would use and the preparation. 1 did not have the "sabotage intention" at all. Truthful quotation of my statements with consideration of context would not serve their purpose of fabricating the crime. On the other hand, the thbricators would also cover the truth as much as they can. II. Testimonies from the Witnesses: Five witnesses testified at the trial, the testimonies from other three wimesses were read. Witnesses: 1.2, 3.4, 6, 7.8 Means: Confusing the audience with smoke screens to show the evidences were sufficicnt. Analysefi: The testifying and testimonies from these wimesses did not have any relation at all with supporting the constitution of violation against Article 124 of Criminal Law. On the other hand. l had red~ clearly explained these things, which were not related to Article 124. during the investigation period. Letting these people to testify and reading the testimonies took a lot of time. which distracted the audience. \Vimess 5: Huijun Nin. Engineer from the Network Couvey Ctr. off' the Radio-TV Bureau of Yangzhou City. Only Nin's testimony had some relation with the purpose of explaining if the case was related to Article 124. Yet. two conclusions can be drawn from Nin's testimony. I 1 ) The object is customers' viewing of regular TV program: (2) The selection of witness by the prosecutor was unlawful. Means: False statements, lies; the purpose is to fabricate crime. Analyses: (I) In answering the prosecutor's questions, Nin, as an engineer of cable TV network, repeatedly made declarations totally opposite to the facts, with nothing to buttress his conclusions. He declares "once the operation is successful, the regular TV signal to all customers will be cut off." which is just the opposite to the fact. If thc operation is successful, the regular TV signal convey will not be affected at all. Only duriug the hour when the timer is on, the truth program will be inserted. Yet; at this time. it will still be possible for the customers to view regular TV programmed at other channels, which depends on the functionality of the relay in the device, and the power of the whole network. (2) In answering the attorney's questions: "when the devices are installed, ss-ill signal convey be paralyzed, will signals on all channels be blocked?" He gave out all-yes statements which were again totally the opposite to the facts and he had nothing to buttress them. (3) In his answering to the prosecutor's further questioning, he again repeated above lies. ~4) Nin's thinking xvas chaotic, and he lacked clear understanding on basic concepts. As an engineer, he didn't have enough knowledge of the network and did not clearly know the difference between cable and optical wires. His answers contradicted to each other. Even though these lies were told by Nin, the prosecutor must have verified the testimonies Nih would provide before hand and convinced that Nin's testimonies would be beneficial to themselves. Therefore, the prosecutor shonld be the one who was mainly responsible for those lies. On the hand. the prosecutor's questioning was also partially selective. Ill. Material Evidences: 1. Devices and Tools: Means: Providing false evidences to fabricate crimes. Analyses: In regard to the appraisal or verification of material evideuces. the fingerprint appraisal from the public security was done only on one batted~. Yet a batted~ can be put in or taken out from the night-vision device at will and therefore, this result should not be used to draw any further conclusions. The prosecutor did not have any other evidence to refit3 or confirm that the stuff shown in the pictures and presented at the trial belonged to me, yet he still definitely declared that these things were mine. It is quite clear that he has made the effort to provide false evidences. 2. Thc List of Things: Means: Confusing the audience with smoke screen to show that tile)' had enough evidences. Analyses: A list of things can not and should not be taken as evidences t?om neither legal nor factual perspective. IV. DocumentaD'Evidences: 1-8 Means: Confusing the audience with smoke screen to show that they had enough evidences. Analyses: These eight pieces of documentary, evidences had nothing to do with con'stituting tile violation against Article 124 of the Criminal Law. This was similar to that used in the testimony presentations. V. Appraisal Conclusions: I. Honglin Guo--Handwriting Appraisal Means: (1) Providing false evidences (2) Confusing the public with smoke screen to show that they had been careful with professional in scrutinizing evidences. Analvses: Guo's appraisal was done on 11/1/2003. while his certificate of appraiser Certification was issued on 2/28/2003. Obviously. the certificate was made up for the purpose of indicting me after I was illegall) arrested. This was a typical forger5' which resulted fi'om the prosecntor's plotting to unlawfully indict me. 2. Ruibin Wang--FingerD:int appraisal: Means: Providing false evidence. Analyses: The false evidence mentioned here does not refer to the appraisal on the fingerprint from the batteD', since I don't have any professional knowledge about it. Yet. it refers to the deduction that all stuffwere mine from the fingerprint on one batteD'. See the section of material evidences. 3. Yah Cui--The appraisal on the functionality of the devices. Means: (1) Providing false evidence. (2) Changing context with chopped quotation, confusing and misleading the public. Analyses: (1) There was no direct evidence showing that what they appraised were mine. (2) There was no evidence that they denial after the device. (3) The conclusion was "the device has a function ora timely cut-replace program-insertion." This conclusion was veD, partial without furth~-r~xplanation (illustration) for it and misleading for the determination of tile case. Since tile Ibllowing questions could not be answered: (a) thc actual meaning of"timely cut-replace program-insertion" in detail, ~vhether all regular TV signals would be cut oft'and replaced; (b) whether the network's functions remain normal during the period when the timer is off: (c) the applicability of the appraisal conclusion in actual networks, i.e.. whether the conclusions remain the same when applied on actual cable TV networks; (d) to xxhat extent the customers will be affected, whether all channels will be affected. As an appraisal result from the National Bureau of Movie and TV. it shonld have the authority and professionalism in helping to determine the case nature. Yet, to the opposite, Cui's appraisal was very confusing. On the other hand, the judge did not allow me to ask questions regarding its appraisal, which revealed his ill intention. VI. Inspection & Examination Record:: Means: Confusing the audience to show they had enough evidences. Analyses: These records did not help to explain how my operation would be conducted and the results it would cause VII. Hiding the Evidences: Tiffs was an obvious seriously unlawful act. I requested to present the evidences, among them were, VCD disks and a laptop harddrive that would prove my innocence. I repeatedly explained that these material evidences were related. especially the harddrive which contained all technical illustration material. While the judges were hesitating, the prosecutor not only refused to give them our, but lied that they were not related as xvell. In summary of all stated above, none of prosecutor's evidence presentations was a~ble to give a clue about how my action had any relation with constituting the violation against Article 124 of the Criminal Law. On the contrary, they exposed all unlawful acts and dirty tricks the prosecutor employed. Section Two Quotations of Legal Documents In his quoting legal documents, the prosecutor showed that his thinking was chuotic, his understanding of the legal concepts was unclear, furthermore, he deceitfully changed legal concepts from one to another at will. declare ~'the black." as "the white." assaulting the law for their purpose of forceful and illegal conviction. 1. Distorting tbe law. confusing the public with untrue declarations, forcefully making up the crime. In the first ruund-ot:debate, the prosecutor argued that "to damage" not only rcfen'ed to physical damages that would result in dysfunction of the system, but also referred to formless (not physical) damage that would result in dysfunction of the system. In his automatic explanation, without any legal or other support, on Article 124. the prosecutor deliberately distorted the meaning of"(to) damage" that had been widely accepted by legal communities. On page 159 of the book titled <<"PRC Criminal Law"--Explanations and Usage Instructions>> edited by Taiyun Huang and Wei Teng (Red Flag Publishing House, March 1977," it is defined that "to damage" in Article 124 refers to physical damages that cause the paralyze of the system. Yet the prosecutor did not give any clear definition of his "formless damage." nor did he give any example to explain its actual meaning. Then. why did the prosecutor distort the law like this? Obviously, my program- insertion method would not constitute the act of"damage" implied in Article 124 by th~ understanding of Article 124 widely accepted, i.e., the physical damage which would result in dysfunction of the system. Therefore, the prosecutor put out a totally groundless and distorted "formless damage," to serve their purpose of unlawful ___ by confusing the public. 12 -2. Deceitfully changing concepts, claiming "the black" as "the white" to forcefully charge with the crime. ( 1 ) In the first round of debate, the prosecutor bluntly distorted the law. He equalized the prospective of customers' unableness to view regular TV programs in a short period of time to the "damage(s) to the safety of lives or properties" of the public. Their intent to forcefully put crime on an innocent person was wicked and their methods were indecent. "(2) In the second round of debate, the prosecutor deceitfully and consecutively changed "affecting the cable TV system" to damaging the safety of public communication--affecting signal conveying hs in communication--safety of telecommunications" to "endangering public safety." Such acts of willful distortion of law. contusing distortion of law. confusing the public with lies and untrne claims, regarding the law as child play are really a shame of China's legal system. 3. Playing around with jargons to mix and cover up the facts. In the second round of debate, the prosecutor deceitfully stated that I mixed up the concept of "subjective purpose" xvith that of"subjectively deliberation" and emphasized that one needs "to look the result" whether it would cause the interruption of nom~al functions." The purpose of this statement was to give people an impression that "the interruption of normal functions" will be a definite result," which was totally the opposite to the fact. In fact, neither "subjective purpose" nor "subjectively deliberation" in its context in this case had the meaning of"to damage." 4. Chopping off legal items, hiding the necessary conditions, shooting around in ordcr to gct away. 'fhe prosecutor disregarded the facts and law. One of the most essential elements in constituting the violation against Article 124 of the Criminal Law (as "crime preparation") is that once the "crime" is carried out, the results must be "serious enough" to cause the damage(s) to public's safety in lives and/or properties." The prosecutor totally avoided and covered this part during the process of evidence presentations and debates by using the dirty tricks described above. After the attorney and I pointed this out, the prosecutor even more deceitfully argued. "having not caused serious result would not alter the fact that there have been already enough conditions to constitute the crime. If it has resulted in serious damage, it would become an item for__ the punishment!" 5. Willfully destroying legal principles, playing tyranny politics. With the respect to the facts and law as well as the attitude of honesty and rationality, I told all the facts about this case clearly during the investigation period with'the B.P.S(Bureau of Public Security). However, I also explained all reasons 173 - why I am innocent from legal point of view. Yet, the prosecutor never had any apt~reciation or respect toward my honesty and scientific attitudes. On the contrary, he went against legal principles and common sense and blamed me "refused to admit any crimes, the attitude of repentance was poor." As if anybody who had been unlawfully indicted by them, could only "admit the crime" against his or her conscience and accept their "slaughter", otherwise it would be bad attitude. In summary, all the dirty tricks the prosecutor had used were against the principles in legal system. The purpose is to carry out their plot of illegal prosecution, to make the conviction forcefully and to deceive and cheat the public. Chapter Three Analyses an Illegal Conducts by the Judges As judges, they should have strong backbones and be able to keep impartial. However. in order to serve the purpose of illegal conviction, the judges sold their conscience and colluded with the prosecutor in covering up the facts, distorting the law and unlawful conviction. Section One Accepting False Evidences, Hiding Real Evidences In addition to the handwriting appraisal that had been rejected due to the qualification problem caught on spot at the presentation, the judges did not even uy to choose or discard the prosecutor's evidence presentations according to the law. On the contrary, the)' took all of them as the)' were with favor. In contrast, the judges bluntly refused all my requests to present the evidence that support my innocence In comparing the totally different attitudes and treatments toward me and the prosecutor, it became very clear that the judges had arranged to make an unlawful conviction. The following are some examples: 1. Favoring Untrue testimonies, stopping me questioning the witnesses: (1) The judge did not allow me to question the prosecutor, yet he allowed the prosecutor to question me. He must had know~ that the lies told by the prosecutor would be uncovered ill was allowed to question. (2) There were many extremely important questions, related to the determination of the case routine, or need to be answered in Cui YaWs appraisal. However. the judge bluntly refused my request to further question him. (3) While Hujun Nin was giving false and contradictor3' statements, 1 clearly pointed these problems out. However, the judge stopped me from further questioning in order to avoid more problem uncovered. 2. Accepting all untrue evidence and false statements from the prosecutor without analyses. In its verdict (2003) YangXing One Number 4. from pages 4 to 7, the Yangzhou Municipal Intermediate Center accepted all evidences presentations from the prosecutor. I have made detailed analyses or and revelation of the illegality of these presentations. Yet the court disregarded all facts and law and accepted as well as applied all illegal evidences presentations. Section Two Bluntly Making Lies, Deceiving the Public In Section 17, page 7 of its verdict, the court declared deceitfully; "Li Xiangchun admitted all tile facts that he attempted to damage the cable TV conveying cables for the purpose of cart3,, lng out program-insertion on cable TV system, that he purposed program-insertion devices and crime-constituting tools, that he was detained on his way to selected spots for program-insertion without denial after detained (he) arrested." From tile very beginning of my communication with officers from Yangzhou BPS to present time, I have always been explaining to them that my action of program- insertion would not cause any damage to the cable TV system, let alone any attempt to damage. Yet, Yangzhou Intermediate court bluntly made the lies in order to deceive the public. ()11 the 5tn line from the bottom, page 7 of its verdict, the judges declared "(I) to reach the purposes of illegal program-insertion on cable TV system" after they lbrcefullv stopped t2e from defending myself about the legitimacy of program- insertion~ On the 4 line from the bottom, same page, they deceitfully claimed "(I)" was prepared to use the method of cutting offradio-TV Conveying Cable in usc." ~vhicb was totally the opposite to the facts. On the 7'~' line of page 8. the court deceitfully claimed. '~Li X.C. knew (it) would seriously affect the regular signal coming on cable TV System, yet he still carefully prepare~t program-insertion devices and tools such as rubber-cutting knife, micro- cutter, multifunctional scissors. This would be enough to prove that he had the subjective deliberation to damage the radio-TV facilities. "These claims were not only totally the opposite to the facts and against the principles of law, but also clear indications that they wanted to convict me for the purpose of conviction. Section Three Changing Concepts Deceitfully, Distorting Legal Items This trick was the same used by the prosecutor and they shared the same purpose. On the' 1 I~n line, page 8 of its verdict, the court declared: "affect the convey of regular TV signals (then) endanger the safety of radio-TV facilities (then) also endanger public safety, which has already constitute the crime of damaging radio- TV Ihcilities. Over here, the court deceitfully and consecutively changed the - concept of "affEcting regular cable TV system" tva'ice to "endaugering public safety." This act not only lacked any theoretical support, but also clearly caused destruction of law enforcement. Section Four Unlawfully Depriving My legitimate Rights During the process of court trial, the judges repeated deprived my rights of sell: defense and evidence presentations. Examples are listed below: 1. There were false evidences, false statements and mauy important questions regarding the determination of the case nature in the testimony and appraisal presentations, by Huijun Nih and Cui Yan. Yet, the judge stopped me from raising related questions in order to make things clear. 2. Stopped mc from questioning the prosecutor 3. Stopped me l¥om presenting evidence of innocence. 4. Stopped me from defending myself by using Chinese Constitution & Laws. Part Three Conclusion & Requests All the fact & related analyses presented above have lull3' revealed the illegality of the trial on 3/21/2003. Therefore the conclusions from thc trial are also unlawful and cannot accepted at all. l strongly request the following: (1) Jiangsu Provincial High People's Court to open another court trial for this case. (2) Related governmental organization ~ started the investigation on the unlawful acts conducted by the prosecutor, the.judges and related persons and treat the responsible persons with legal measures. Appealer: Chuck Lee 3/31/2003 (Li Xiangchun) SupplementaD' Material (5/15/03) 1. Overview Everything the Chinese government has done to me since my. illeaal~ an'est on Jan. 22. 2003 is illegal persecution. In the development of the case. I have clarified the truth of the persecution of Falun Gong to related personnel dealing with my case. and I have dc','eloped quite good relationship xxith them. They have also intentionally and unintentionally revealed information related to the decisiou-making for my case. As soon as I was detained at the Gnangzhou Bai,'un Airport. I caught their full attention. They had thought of crox~ ning me the "accosations" related lo broadcasting Falun Gong troth materials. However since I have American citizenship and all the "accusations" related to Falun Gong has to do with freedom of bclict~, il would be difficult to operate that way. So they decided to avoid any "accusations" related to Falun Gong. Instead they use the accusation of "sabotage Radio I V equipment" to persecute me. Wh,2n they decided to use this accusation, they didn't have any evidence to prove that I could have committed the crime. With the interception equipment I brought in October last year. they didn't knox',' the technology or operation methods. They only knew that the equiim~ent had something to do with clari fy the truth of Falun Gong. Those so-called vcrilications were made on the 5~h day of my arrest this 5'ear. That is to sa). the law here is only a tool to be used in the persecution. It has nothing to do xxith ustice. .\s a matter of fact. 1 was also told (by some people from the government) that the .C'cntral Government pays a lot of attention to my case. Even the provincial public security bureau would not dare to release me. Of course, later when the state public sccuriti: bureau directly sent people to participate in thc case to do so-called investigation confirmed that point. At thc begiuning of the case. they used illegal methods to lbrced me to watch videotapes slandering Falun Gong and its founder in an attempt to make me give up cultivation. Ill gave up. forcing me to "confess" would be much easier. Because of my strong resistance to such persecution and also because of my American citizenship, they didn't continue that. In the later case development, they tried hard to avoid thc Falun Gong issue. This has further confim~ed that they tried not to connect my case to the Falun Gong issue and Ireated this completely as a criminal case related to "sabotage Radio TV equipment." The purpose is to cover up their illegal persecution of Falun Gong. deprive t:alun Gong practitioners' legal rights of clarity'lng the truth, and cover up their persecution to us. Please ask Falun Gong practitioners in the United States for more detailed information related to the truth of the persecution. II. Using Criminal Law Item #124 (sabotage radio TV equipment) to apply the persecution 1. The legal nature of my truth clarification act I did intend to utilize the cable TV in Yangzhou City last October to broadcast the truth of the persecution of Falun Gong to public. I have never denied this fact. However such act has the following nature: (1) The act of clarifying the truth itself is protected by the Chinese Constitution and the Chinese criminal law. (2) The technology design and the operation methods used to clarify the truth using the cable TV does not fit the condition of "sabotage" defined by the Criminal Law Act 124. (i.e. the equipment's nom~al function would be damaged. The prosecutor completely agreed with this poi,it in the court debate.) (3) Utilizing the cable TV to clarify the truth is not possible to cause damage to the public safety. On the contrary, it is to safeguard public safety. l'hat is to say my act of utilizing the cable TV to do broadcast is totally different from violaling criminal laxv 124. Only if it is contrary to the above 3 natures can thc violation of criminal lax`,, item #124 exist. 2. Brief statement regarding the interception technology and the operation requirement Thc design of the interception equipment is to allow a normal TV signal to pass through a filter. When the timer is turned off. normal TV signal will not be affected at all. When the timer is open. the truth clarification video program ,,','ill be broadcasted on Ch. 13. Other chamlel may or may not be affected. The truth video broadcasting time is 52 minutes. When the broadcast is over, the timer will shut down. All channel's signals will recover. That is to say when the truth video is broadcasted, it does not damage cable TV network's transmission function. The computer I purchased has auto shut down and other functions. 3. The operation of Yangzhou City Examination Court to utilize item#124 for slandering me Yangzhou Examination Court used the so-called evidences to proof the details of my cnlering the country, last year. where I stayed and got the materials. It intended to give people a X~Tong impression and wrong conclusion that TV interception itself is a violation of thc Criminal Law item#124. Regarding the whole process, I have already described the details in my statement. However, the Yangzhou Examination Court used illegal means to avnid and cover the fact that it must have confirmation of the necessary conditions violating item#124 (in order to establish such accusation.) They passed the verdict with cover-ups and lies. [-'or example, in order to satis~' the "damage" factor in item#124, Yangzhou Examination Court changed my statements, hided my evidence, provided fake evidences and fake witnesses statements, deliberately distort legal concept in order to slander me with "intention to sabotage." Regarding the (legal requirement) of"tbnning danger to public safety." Yangzhou Examination Court avoided it completely. At the end. they enforced thc verdict on me by changing the legal concept/definition. In item//124 "damage, endanger public safety", the words "endanger public safety" explicitly indicated that the criminal behavior must reach the extent of "endanger public salary." This legal definition is consistent with the definition of the "endanger public sat'ct~' crime", in which it indicates that "it must have resulted or is sufficient to result in damaging consequence." (Please refer to my appealing letter section two for complete definition.) That is to say. tile crime conceived once committed will generally cause damages to public's lives and properties. I Iowever the result of the TV interception is that to change the TV's program into (Falun Gong~ truth program within thc hour set by the timer. This result can be said that has no possibility to cause damages to public lives and properties, but the possibility is extremely small. Nobody can deny that. This situation doesn't fit with tile situation defined by the legal terms at all. This point is clearly articulated in the book "People's Republic of China Criminal Law Explanations and Application Guide" (Red Flag Publisher March 1997) written by Huang Taivun and Teng Wei. Although this book which is widely used by Chinese legal dep'artmcnts is informal explanation to tile criminal law, that is it does not possess the specific legal power like that of the State People's Congress legal explanation, its clear explanation is not arguable unless the People's Congress provides alternative explanations to certain items. However, Yangzhou Examination Court, Yangzhou Middle Court. Jiangsu Province Supreme Court have never used People's Congress' explanation. il'there is any. to the above item in their persecution of me. That can be said that the People's Congress hasn't provided any alternative explanations or expanded tile explanations to the above item after the new criminal law was established in 1997. The way how those courts mentioned above enforced the accusations on me is merely lhrough flashing words and definition distortions (of the legal terms). Please see how the criminal law explanation book explains on page 160. "According to item 124, in order to establish the crime of deliberately damaging communication equipment~ the behavior must be established to the extent that it 'endangers public salary.' If the behavior of sabotage radio. TV. TV stations, public communication equipment hasn't reached the extent of endanger public safety, it does not fall into the crime defined in this item. For example, during normal time, sabotage the TV stations. radio stations in a limited area, causing broadcasting to be interrupted for a few hours and hasn't endangered public safety, then one can check the criminal law's other items to define the crime and to sentence, e.g. violating public order, damaging public or private property, etc." Certainly the persecutors know this in their heart. That is why in the final verdict at the final trial in Jiangsu Province Supreme Court. they no longer mention the words "endanger public safety." Instead they said in an evasive way that "if succeeded, will not only seriously affect the normal transmission of TV signals but also for sure will cause damage to public facility's safety." 4. The operations of the Middle Court and the Supreme Court Yangzhou Middle Court illegally deprived me of my rights to provide testimony and to defend for myself, which made it impossible tbr me to state the legal nature of clarifying thc truth, and made it impossible for me to proof the evidences of my innocence. What is evil is that they completely adopted the illegal evidences and accusations from the Yangzhou Examination Court. Alier I appealed to Jiangsu Supreme Court on April 1, 2003, the Supreme Court completely sustained the sentence of the Yangzhou Middle Court. TlYey didn't allow me to present evidences of my innocence, neither did they address the questions in my appealing letter regarding the various illegal approaches and doubts. Not to mention that they didn't do any investigation. In a nutshell, the appealing was a waste of time. As a matter of lhct, the result of the appeal was foreseen. I also lold US Consulor Chris Liveccari on March 27. 2003 that I didn't have any hope in the appealing. This is because thc persecution of me comes directly from some power in the Central State. The Province Suln'eme Court and the Middle Court all have to obey to it. 111. Other infommtion related to me The accusation forced on me is to persecute me illegally. The biggest aspect of the persecution to me is to deprive me of freedom for extended period of time. which has caused a lot ofdamages in my life as well as mental torture. Other persecutions are listed as follows: 1. Serious violation of my right of freedom of beliefs (I) At the earlier stage of my arrest, they have used various means attempt to force me give up Falun Gong cultivation. During Feb, 10 to Feb. 12, I was forced to watch the propaganda video slandering Falun Gong and its founder. 4 (2) They used force to confiscate my "Zhuan Falun" book. I have asked them many times to return the book to me but in xain. The book sent from the American Consulate' is also confiscated. 2. lmpairingmy health They inhibited and restricted me from practicing Falun Gong. even though 1 have kept telling them that it is extremely important for me to practice in order to maintain my health. 3. Physical punishment/abuses, beatings and torture (1) On Jan. 22. 2003, I was beaten up at the Guangzhou Baiyun Airport (2) After my arrest on Jan. 22, under the condition that I was on hunger strike, they didn't allow me to sleep for 3 days and nights. A group of them took tums attacking me (in interrogation). (3) Since 9:15pm on Jan. 22.2003. under the condition that I was on hunger strike. I was tortured with handcuffs for over 72 hours. Most of times, they handcuffed my hands to the back. prevent me t¥om moving. Especially from 8pm to 12am on Jan. 23. 2003 when they moved me from shanghai Pudong to Yangzhou City. they handcuffed me to the back and intentionally tightened the handcuffs into my flesh. It ,,vas extremely painful. On Jan. 24, they grabbed my handcuffs and pulled them up from my back, which caused devaslating pain. The scars arc still visible on my wrist. (4) At the Yangzhou Detention Center, l¥om 8am on March 27 to 2:30pm on April 2, they handcuffed me for consecutively 130 hours. Those days were extremely hot, my winter clothes were smelly and 1 wasn't able to change them. Still 1 must hurry up to write 3 appealing letters with 69 pages. (5) At the Nanjing jail, I was beaten up in the afternoon on May 12, 2003. and :they shaved my hair with force. 1 was handcuffed on a iron bed for 4 hours. On May 13. 2003, they used force to put on jail uniform on me, I was handcuffed in the back for 5 hours. IV. The purpose and demand I. ltope more people to know and pay attention to the persecution of Falun Gong. 2.To stop file persecution as soon as possible 3.Go after those persecutors' legal and other responsibilities 4.hmncdiately rescind illegal sentence to me, release me free of charges V. Stalement about all these documents · \moag all the documents sending out, this piece as well as the appealing letter are most important. The appealing letter explains in detail the reasons why l am innocent the various illegal persecution means (imposed on me) by related departments. This piece of document provides a summary and supplements the insufficiency of the appealing letter. Thc records from the Ma3, 21 trial serve as further material tbr the proofs. EXHIBIT N · Falun 6ong case gets support --'l'he Washington limes Page 1 of 3 The Washington Times, www.washingtontimes.com Falun Gong case gets support By Frank J. Murray and Steve Sexton Published June 12, 2003 More than three dozen members of Congress will ask a Chicago federal judge this. morning to allow Falun.Gong practitioners to press their genocide lawsuit against former Chinese leader Jiang Zemin in the U.S. courts. .' The congressional group opposes Bush administration requests,to dismiss the case. Falun Gong advocates.who rallied at Freedom Plaza yesterday blame that legal position.on pressure from China. Asserting an official interest in "human rights conditions in the People's Republic of China," the bipartisan congressional group' said' the Justice Depadment went too far to shield the fomier president and Communist Party leader. , r "The executive branch has gone beyond asserting the legitimate. interests of the United States," they said in papers that argue foreign- policy concerns should not tromp the right of U.S. courts to decide the novel issue of whether a leader loses immunity "the divine right of kings" when he retires from office. This moming, U.S. District Judge Matthew F. Kennelly will hear the House members' motion to join the case as a friend of the court, or amicus curiae, before deciding whether to throw out the lawsuit. The Justice Deparhnent is not a party to the case and is also involved as an amicus curiae. " The abstract legal issue was made more personal at yesterday's rally when Yeong-Ching Foo of Menlo Park, Calif., told about 40 people that China has detained her fiance, Charles Li, an American citizen, for 4½ months for practicing Falun Gong.' "There is no hope for justice in China, so we must rely on the U.S. justice system to end the torture of Falun Gong," she said. http://dynamic, washtimes, com/print_story, cfra?StoryID=20030611-113035-2... 6/~6/2003 A State Department official cogfirmed that Mr. Li is jailed and was last visited bY a consular official 0n March 27 at Nanjing PrisOn, where he is serving a three-year sentence for what Chinese officials call attempted sabotage of broadcasting equipment. The Oct. 18 lawsuit accuses Mr. Jiang of establishing the powerful Falun Gong Control Office to persecute those who express a belief in and practice Falun Gong, and putting the office, which is also called the 610 Office, under his command "to carryout a campaign of murder, torture, terrorism, rape, beatings and destruction of property against Falun Gong and their families." Mr. Jiang banned Falun Gong and vowed to eradicate the movement, whose name is translated by a religious tolerance group as "the practice of the wheel of the Dharma." It involves five sets of exercises using lotus, postures ,and hand movements, sometimes accompanied by music. The Justice Department seeks dismissal of the lawsuit, which asks declarations to stop persecution and offer compensation and punitive damages for three Falun Gong practitioners-from China and expatriates, identified as "Plaintiffs A, B, C, D, E, F and others .... " Government lawyers contend a foreign head of state's immunity to being sued in U.S. courts in such situations continues after he leaves office. Even if he is not immune, government lawyers said, plaintiffs failed in a complex effort to serve legal papers on the Chinese leader in Chicago. ~ A federal court ordered that Mr. Jiang be served and papers were delivered on Oct. 22 to Chicago Police Commander Joseph P. Griffin, directing him to serve the Chinese leader, "I did not read the documents [until after] President Jiang had departed from Chicago," Commander Griffin said in a federal court declaration. "I did not deliver the documents to President Jiang," The lawsuit invokes two U.S. laws the Alien Tort Claim Act and Torture Victim Protection Act to justify allowing federal courts to hold Jiang Zemin accountable for genocide,torture and other acts against humanity, "In filing an amicus brief in the case, the [House International Relations] Committee affimis the sanctity of the inalienable rights enshrined in our Constitution," said Alan Adler, executive director of Falun Gong USA. http://dynaraic, washtimes, com/print_story, cfm?StoryID=20030611-113035-2... 6/16/2003 Falun Gong case gets support -- The Washington Times Page 3 of $ Despite Mr. Adle~s description, papers were filed not by the House committee but by 38 members of Congress led by committee Chah man Henry J. Hyde, Illinois Republican, and the panel's ranking Democrat, Rep. Tom Lantos of California. Copyright © 2003 News World Communications, Inc. All dghts reserved. Return to the article http://dynamic, washtimes, com/print_story, cfm?StorylD=20030611-113035-2... 6/16/2003 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS ' EA~TgnN DIVISION PLAFNTIFFS A~ B; C, D, E; F~ and ) OTHERS SIMILARLY SITUATED, ) WEI YE, and'HAOWANG;/ ) Plaintiffs, Ye ) ) ) ) ) JIANG ZEMIN and FALUN GONG ) CONTROL OFFICE (A.ICA. OFFICE) 6/10), ) ) Defendants. Table ofAuthorities ~ Civil ACtion No. 02 C 7S30 BRIEI~ OF AMICUS CURIAE ITo ~ prov~ed~ Statutes and Legislative ma'teriais [To be Provkledl Interest of Amici Curiae Amici Curiae are a number of members of Congress who have a iong;4tanding interest in foreign affairs and are concerned about human rights and human rights conditions in the People's Repnb#e.of China. The Amici have a long=standing interest in the proteetion and advaneement of human rights around the world and kave been involved in the~ver~igM and enactment of the various provisions of law involved in the eivil aetion here, ineludi~g the' Foreign Sovereign Immunities Act, the Allen Tort Claims Aet, and the Torture Victims Protection Aet. Summary of Argument · Amici Curiae are coneerned that the executive branch has gone beyond nssertinl~ the legitimate interests of the United States in the above=entitled enseand have been in,tend aeting to undermine the various provisions of law cited above and are, in part~ aeting ns an advocate of the Government of the People's Republic of China. Issues involving interests of foreign states mast be adjudieoted before U.S. courts pursuant to the arguments of abe parties themselves, and not through the intermediaries of the U.S. Government. The Torture Victims Protection Act and the Alien Torts Claims Act have been ~n~ized by Congress as creating civil actions against potentially high level officials,~ despite the political risks entailed in such an approach. In additinn, the arnica believe that the use of U.S. officiab to facilitate service of process in compliance with a U.S. court order should not be'wholiy obviated because of foroign policy conceros. Finally, AmicJ believe that questions regarding the immunity of a head of stote that are decided afZeF the individual is no longer a head of state and was from a non*democratic regime raises novel questions that should be carefully considered by this Court. Argument I. Background In October of 2002, a lawsuit was filed in the U.S. District Court of the Northern District of Imnob against Jiang Zemin, the former President of China for, among others, genocide, crimes against humanity, and torture. The lawsuit also named Office 6/10 as a defendant in the ease because of their role in the persecution of Fainn Gong in China and in the United States. Neither Defendant has made any appearances in court; both have instead attempted to get the lawsuit dbmissed via diplomatic rather than legal channeb. The United States government filed a "Motion to Vaeote October 21, 2002 Order and Statement of Interest or, in the Alternative, Suggestion of Immunity, arguing, that the ease be dismissed on jurisdictional and preliminary grounds" II. Congressional Interest in Action. It is our position as members of the U.S. Congress that we have a significant and abiding interest in this lawsuit for a number of reasons. First of all, human rights concerns, such as those raised by this ease, have long been considered a key aspect of U.S. foreign policy, and in ways which particularly,involve, the United States Congress. Not only did the U,S. Congress pass the Torture Victim Protection ACt to protect citizens around the world from human rights abuses and violations, but in the legislative history of the bill, Congress further expressed its support of the ways in which the Courts have permitted the Alien Tort Claim Act to provide analogous human rights protection both here and abroad. It is also the mandate of the U.S. Congress to ensure that U.S. foreign assistance.is not provided to governments that engage in a consistant~pattern of gross violations of internationally recognized human rights. The Country Reports on Human Rights Practices are compiled by 4 "authoritarian ruW,~, reputable souresa such~as AmucsW htteruotional, Human,Rights Witch sad the Santo Department¥~n~Country Repoct on Human Rights bnve documented severe and syctematic human rights abuses by Jiang's government aguhst his own people. While we may nothe in the best positinn to judge the valMity of other eblm~ made by the Deportmentof Juafl~e where it cJaima a direct U.S. interest in service of lWSeees, men under the October.21 over, we are ~encorucd ,that the assertion ef inte~ats~en.bchaJr.~ef the Beijing regJme,~ns described above, ~a~ into question the fult scope of these eantemions. IV. The Torture Victims Protection Act aadtbe Alien Torts Claims ACt,haVe, been recognized by Congress as Creating CJvi! ~Aetions Against Pote~lly High Level'OffleialS~ ~ · '~ ' ~ We do beheve that nothing in the Alien Torts Claims Act (28 U.S.C. 1350) or the Torture Vi~ ~n A~(Public ~ 102-2S6)Pr0Vides a basis for an op~hity by the executive broach to assert its ebnsGI,ittoaal role over foreign'affairs to bleck privato, litigation against a former head of state charged with violations ofinteenatJomdly reeagnisml human rights, especially where the legal standards themselves heve been estabbhed and confirmed ~by.. the United Stuns,Congress., It b the judicial branch.of government that has been vested wink th~ pewortol-terpret statntes in disputes between litigfmts, und~this ~ ~ responsibli~ty should not he thirked merely because the eaure~s ruling may,have sigaifJe~nt political nver~ones. This clearly pertains to eases brmlght undeF the ACTA and TVPA, which dh-esti~ confirm the authority of the U.S. courts to consider cases such as the one at baF. Congress specificaliy passed the TVPA ~ "make sure that torturers and death squads wi~ un,longer have t safe.hoven~h~the United States.". $. Rep. No. 249, 102~ Cong., l~t Sese. 1991, 1991 WL 2S8662. The legidative history abo e~xpresses sWong support for the ATCA, notin~ "section 13~0" has impertaat uses ami sin)aM nat.be replaced~, H.R, Rep. No. 367 at 3,~ The argument proffered by,th~ Department of Justice - that the lawsuit risks provoking retolhtory lawsuits against U.S.~of~chb-.bas be~n.~addressed and dismissed by Congress. At the time of the passage ~f the TVPA, the Bush,administratinn initially opposed the TVPA's passage, stating among other enucerus ~ th~ statute risked provoking retaliatory lawsuits ugahst U.fi.. of~eial~ The coneeras,xpressed anew by the Deportment of Justice in this case were considered and rejected by Congress, and JateF even by President Bush, when the hw wa~ enacted. As he signed the TVPA into law, he acknowledged the "danger~the U.S. courts may become embroiled in difficult and sensitive dbputes in otheF countries," but continued, "These potential dangers, however, do nat concern the~fundamental goais that this legishtion seeks to advance, luthis new era, in which countries throughout the world are toening to demecratic insiituflm~s and the rule oflaw, we must maintain and strengthen our commitment to ensuring tht human rights are respected everywhere.' Statement ~upon Signing tke Torture l/ic~im Protection .4ct of l PP ;_,.Compilation of presidential Doeuments (March 16 1992).. the U~S. Department of State for submission to Congress because concerns about human rights abuses in other countries arc and~continue to be an important aspect of U:S. forcign policy. ~ ~ ~ , - . Second, we have an abiding interest in appropriate interpretation of the Foreign Sovercign Immunities Act (FSIA) ( 28 U.S.C.. 1602 et.~seq. ~) The FSIA ebonged significantly the jurisprudential approach the U.S. Departmem of State is seeking to invoke, by raising a: variety of political and forcign policy concerns, and by attempting to rcprcsent the interests of the Government of China through diplomatic channels. The principle that the FSIA established is that these types,of claim ~bouM no longer be resolved through diplomatic channels that arc subject to intense political pressures, but rather by,courts based on legal . standards instead. We believe that the U.S. Congress must ensure that the Executive Branch. fully abides by this principle. III. The FSIA Expresses the JurisPrudential PrinCiple that Disputes between Private Claimants and States should be Litigated Directly and not through Intermediaries Such as the U.S. Government. ~ ~ The~FSIA was passed by the United States Congress in 1976 and provides that "[c]laims of foreign states to immunity should henceforth bo decided by courts of the United~ States and of the States in conformity with the principles set forth in this chapter.'* 28 ~].S.C. 1602. Specifically, the FSIA sets forth procedures for service of proeees. W~ believe that it is clear that disputes regarding such service of procees must likewise be resolved between the parties, and not through intervention of the U.S. Government. ~ In the case at bar, the United States makes a variety or arguments regarding service of process. Some of these arguments do not appear to be arguments mi behalf of U;S. interests but on behalf of the Peoples' Republic of China. For examPle, the Government has argued that the plaintiffs cannot demonstrate that they carried Out service of process in accordance with the terms of the district court's order of October 21, 2002. This assertion does ant scem~ in any way to appertain to the U.S. Government's interests iwthis case, which are discussed elsewherc in their briefs. Such arguments by the U;S. Government in favor ufa position that~ should have been asserted by the country which is party to the suit is precisely the type of assertion that the FSIA was intended to circumvent. This is of particular concern to us given the assertion by the plaintiffs that it was the Government of the People's Republie of China that asked for the Department's intersession in this ease. ' ' This approach to litigation against the Government of the People's Republic of China is also troubling in light of the character of the government and Mr. Jhmg's manner of rcaehing the head of it. The Pcoplo*s Republic of China is not a democracy in any sense of the word, and Mr. Jiang did not come topower through any sort of poPulor electoral process. To the contrary, Mr. Jiang rose to power for his hard-line approach to ernshing the democracy movement of 1989. Throughout his rule - one that the U.S. State Department itself calls an Moreover, even the United States Department of State has. taken the~position~Jn the,~ past that enforcing customary human rights norms under the ATCA does not contravene U.S. foreign poliey. In Its Memordmlumfortke IlnitedStates dSAmK. Jfs Curiae, 19 L.L:M. SSS (May 1980), the~State Depnrtmen~ eonflrms that when an international comensus exists about a right ~herc b little danger that iudiebl enforcement will hnpnir our foreign poliey~* Id at 604.. Although.acknowledging that such cases,may implic~e foreign~poJiey, the briefconCludes: "the p~ of fundamental human.rights is not commisted excinsiveiy twthe political ,~ · branches rgovernmenC' = - .= V. The Use~of U.S, Off'minis to Faeilitate Serviee of Proeess in Complianee with. a U:.S. Court Order Should Not Be Wholly Obviated BeeaUse 'of Foreign Poliey . ~The Depnrtment~ofJustiee aSSerts on behalf of the El~partment of State that using federal protective personnel as a conduit for service of process will eause potenthlly'Sertous ' effects on U.S. foreign peliey, and that in the ease at bar representatives of Mr. JJang threatened to diSntPt the pbnned meeti~tg with 1)reside~nt Bush at:Crawford, T~ ifthe ' State Department did~ not protect Mr. Jian~'s delegation from Service of~proeees relating to the case at bar, ~Howey~er, one principle of U;$, ,foreign policy ~hat'baS,been rec~nized since the beginning of the republic is that the United States can serve as an example to the rest of the worid with respect to the adoption of morc democratic modeb of government based on the Fule.0fbw. In thb insmnce, provJdJng servi,ceofp~s by U.~pwsonnei imrsuant to,a court oFder~rcprcsent, a d~mon~ration of the need of the executive b~ch tp fohw the orders of U~$, ~urts. KxPisi~ingthe nced fo~ COmplianCe~with such judicial! d~ is indeed an opportunity t~ ~xphin to a~.thoritarian regimes with no rule of hw,, the, riced to fonow court orders and other similar directives. In~lced~'t is' U~wa~nted and unwise for the U.S. Depe~e ~n~ t of State to accept at face value stateme~nts from rprcign governments (including notablY.China) that exaggerate opportunistically their incemprchension of U.S. separation of powers hw, that express shock and offense ~t judicbl decision,,and that purport to construe, them as:expressions~of the foreign policy pesitions of the Americen~government. Jacques Delble, Hur,~,n Wrongs ond Foreign ~Relatiot~s: A 'Sinic~l' Look at the Use of ~ U~. Litigation to Address Human Righ~Ab~4brood, S2 DePaui L.Rev. 4?3, 484, 487, 496-97. (2002). Iris of ceurse elenrlY h the interest of the Government of the People's Republic of China to threaten retaliat!on a~ainst the United States ~as a means of ensuring that they do not need to d~e~fend themselves in U.S. court against aliegatiou of human rights abuses and at~-ocities. SurelY, the United States can explain to, China that the rules that govern our legal system are themselves the produet of out,stem of separation of powers. Applying principles of due process, interrelating rules of procedure, and applying state statutory regimes, our judicial system has 6 developed fair and just roles goveroing service of process and standards of personal jurisdiction is a~ine qua non of our system. ~ ~ Moreover, U,S. courts have roicd against officinb in a wide aFrzy of political ~ eireumstanees4nd in many eases eenecroing officials from both~ friendly countries and "~ countries with which LWe have no rebfions. No less importont a considenttion to share with: · China is the fact that human~rights,coneeros, havelong been considered, a key asPect~of U.S. foreign polic~, and tht thb hwsui$ ~vas filed not to embaFran China, but to peuuade the defendants to end their persecution of Falun Gong and respect the right, of ull~pelmomh ChinL In fact~ thb lawsuit should be supported by the U.S. Department of State insofar as it is highly consistent with the goals set forth in their annual review of human Fights areund the world. These reperU are compiled by, the U.S. Department of State for the Committee on ForeignRela~ of the United States Senate and the Committee on 4nteruatienalRelatious of the U.S. House of Representatives to allow these Congressional Committees pu~mant to hw to ensure that foreign assistance are not provided to countries who like China have engaged in a consistent, patt,ero oriross violations ofinteroatlonally recognized human rights agahst their own ~jfizen popuhtion, , ~ ~ VI. Questions Regarding~ the Immunity of A Head of State: That Are DeeJded After the Individual Is No Longer a Head of State FromA Non-Democratic ~ Regime Raises Novel Questions~that Should be Carefully Considered by this CoUrt, '~ ' ~ ~ , ~ The DePartment of JUStice~appears to argue in the ait~ative thit their inte~enfion represents a~SUggestloU of immunity for Mr. Jiang bY the executive broneh~; TO the extem that the Court rakes no~,~Ofthb' ~rtion and had th· COUrt decided thb ease ~vhile the Mr. jinng was president 0Ythe people's Republic of China, the Court may liave had no ehoic~ but to recognize the suggestion of immunity and dhmiss the case before?~ H0W~ver~ ~hhr~ not the case before the Court. Rather, Mr. Jiang h no longer head of state and acceptance by the Court of a suggestionlfar immunity for a former head of state of an undemocratic regime for abuses of internatiOnallY ~n~ human rightS may not be prudentially required~ Granting immunity tO a sitting head of state of anY regime has be~n'k long recognized approach to the conduct ofthe foreign affairs because nfthe interference that such suits may impose on tbe President's constitutional responsibilities to receive ministers of foreign states and has been recognized as part oftraditinnai conceptS ofdlPlomatic immunity. However, the principles underlying th~ concerns and the U.S. interest in them are diminished Significantly once the individual is no longer the hoad of state. Head of State immunity Scek_~ t° assdr~ that the highest-lovei officials of our country will nOt be n~arily Subjected to litigation i~ the courts of foreign States by raking their counterPart heads of state immune from jurisdiction of courts in th'is country, while theY are in office. U.S: interestS in conducting its foreign policy and protecting the presMent no longer huM, since the United State~ no longer needs'to confer with the individual at the state=to-state level and the exercise of a sitting President's responsibilities will not be affected because of expectations of assertions of immunity on the President's behalf with respect to foreign states. Moreover, we also recognize the value of an assertion of head of state immunity to a former head of state ora democratic country that has its own internal proem for resolving disputes against such a head of state for injuries allegedly caused by such individual. In such eases, we can sec that assertions of immunity would be justified because of the ability of the foreign state to resolve the dispute and the dangers it wouM pose in our foreign policy with democratic friends and allies. However, we see no policy or prudential reason to accept a suggestion of immunity by the executive branch with respect to a former head ora country that is a totalitarian regime and that does not afford the opportunity for its citizens to petition its government for grievances or to make claims against the governments for wrongdoing, particularly where the alleged wrongful acts Indeed, international law makes clear that individuah that are responsible for gross violations of human rights may be subject to prosecution even if thcy were heads of state at the time that the offenses oecurrod. See, e.g., the Convention on the Prevention and Punishment of the Crime of Genocide (specifying that that "persons committing genocide" are subject to punhhment, "whether they are constitutionally responsible rulers, public officiah or private individuals") Moreover, there are a number of cases where suits have been suecessfully brought against former heads of state. See, e.g., Hilao v Estate of Marcos, 25 F. 3d 1467 (1994); 103 F~d 767 (9'" Cir. 1996). Here the court faces the unusual situation where the suit was filed while Mr. Jiang was in ofliee but has not made its decision regarding immunity until after he left ofliee. We note that in the ease of Estate ofDomingo ~s. tke Republic of the PkiliPpines, 808 F,~d 1349 (9* Cir. 1987), on r~mand 694 F.Supp. 782 OV.D. WA. 1988), the court hem that the suggestion ofimmunity filed while a head of state was in office did not have signifieance onec he was out of ofliee (noting that a new suggestion of immunity from the U.S. Government had not been forthcoming). 694 F.Snpp. at 786. In this unique circumstance, we believe the court should give due consideration to the equities involved in unnecessarily filing this ease a second time. VI. CONCLUSION, For these reasons, we respectfully suggest that the court not d~mi~q thi~ ease at this time but to proceed to the merits ofthe ease at bar. CONGRESS OF THE UNITED ~TATE$ Co~-r~'~l ON INTEgN~TIONAL I~L&TIONS HOUS~ OF I~S~lVr~T~V~S ~ASmN~rON, DC 20515 Tm~xmo~z: (~z) ~ June 15, 2003 Dear Colleague: Since 1999, the Chinese Government has engaged in systematic persecution of peaceful Falun Oong practitioners. Chinese citizens who practice Falun Oong are locked away in prison or psychiatric institutions for years on end, and are often tortured in an effort to get them to renounce On October 18, 2002, Falun Gong practitioners in tke U.S. and abroad took decisive legal action to stop tkis systemotic and brutai persecut~on. During former Chinese President JianE Zemin's visit last year to the United States, Falun Gong practitioners and their families filed a lawsuit in the Northern District Court of Illinois against Jiang and the "6/10 Office" which has ~aponsibility for persecuting Falun Gong. The lawsuit, filed under the Alien Tort Claim~ Act and the Torture Victim Protection Act, seeks compensatory and punitive damages for torture, genocide and other crimes again~ b,manity committed by former President JianE and the "6/10 Office" against Falun Gong practitioners. Congress approved the Ali~n Tort Claims Act and the Torture Victim Protection Act, in part, to give individ-sl, who have ~ bnAali7_.~! by authoritarian mSi.,cs abroad redress in the U.S. court systenx For Chinese and American citizens who have been illegally sent to prisons aad psychiatric institutions againnt their will, suffered brutal physical and mental torture, and made to live in appalling conditions, there is no hope that the Chinese court system will bring them justice. The Falun Gong lawsuit fded in illinois provides just tkat kope. Unfortunately, the U.S. Department of Jnsti~e has filed a motion to dismiss the Falun Gong lawsuit pending in Northern District Court of Illinois. The Admin;attation asserts that former President Jiang was ins. ffi¢iently served with a summons (even though the summons was given to those around him), that allowing Jlang to be sued in American courts risks retaliatory suits against U.S. officials (a point considered, and explicitly rejected, by Congress when it approved these laws), and that Jlang enjoys sovereign i.,..anity as Chinese president (even though he is no longer President of China). In short, instead of promoting the use of the two laws designed to give hope to victims of gross violations of human rights abroad, the Administration has aggressively sided with Beijing in part to avoid friction in our bilateral relationship. To redress this imbalance, we will seek to file an Amicus Curae brief with the Northern District Court of Illinois in support of the arguments raised by Falun Gong practitioners and explicitly rejecting certain arguments raised by the Administration. The brief asserts that Congress has a legitima~e interest in upholding the integrity of tho two statutes and its interests in imernational bumar~ rights issues, that many of theses issues should be resolved without intervention ~y the Justi,~ ~ t~. Co..n~.ss reco~,ed ~ ~ed ~ potent~ ~verse consequences oflawsmts against high-level foreign officials When it passed these laws, and that Jia~ no longer enjoys sovereign immunity as a former head of state. As Falun Gong practitioners seek to use these two critical human rights s~atutes for the purposes for which they were intended, we in Congress kave u responsibility to support their efforts, We hope that a strong expression of Congressional views will ttilow this critically-important lawsuit to move forward in U.S. courts and to be decided units merits, If you would like to si~n the attached Amicus Curae brief, t~l,,t,.~:¢ co~t_ ~ Carol at x56735 by noon on Mondg~ June 9t&~ Sincerely, Tom Lautos Ranking Democratic Member Brief Summary of letter from Charles Lee - written in a Chinese jail - received from the U.S Consulate in Shanghai The many page manuscript was passed out frOm a Chinese prison written byBay Area resident and fellow American Dr. Charles Lee. Charles has been in comple~e~ isolation fi-om the outside world since his arrest on January 22'~ this year, 6nly the American consulate was allowed to visit hiTM a few times. But their visit has been barred since Charles started to serve his 3-year sentence in Nanjing prison. Only aRer having gone through 8 days of hunger strFke and painful force-feeding, Charles was able to have the letter delivered to his fiancee through the US con.,mlate official. At ~ beginning of his hunger st~e, the Chinese authorities were not willing to give the whole document to the US consulate, they withheld the 10 pages that described how Charles was abused while in custody. They only released the last 10 pages at the end when they saw that Charles would not give in until the US consulate receives the document. Among the original 95 pages, 69 oftbem were hand-written while both of Charles' hands were tightly cuffed together for 130 hours and as he was still in his winter clothes in early April in a hot Southern China city. yet was not allowed to change them. Charles was arrested right aRer he arrived in the Ouangzhou airport on January 22~ thi~ year. Later he was detained and rushed through a trial --- in which be was charged of sabotaging TV system and damaging public safety. Beijing always clalmn that he was treated humanly. The manuscript include detailed trial minutes, his appeal letter, and the supplememiog material summarizing the mistreatmem he received since he arrived in China, Important Points in Charles's letter:. 1) We were shocked to learn that Charles was ph,vsically abused, which contradicts what Beijing claimed (see supplememing materials). We were led to believe that Charles was not abused because he is an American citizen unlike other Chinese people who practice Falun Gong. This is the same lie as Beijing hag always claimed that no Falun Gong practitioner was tortured to death in China~ 2) Why did Charles intend to use the stme controlled Chinese television to broadcast videos concerning the human rights violation against Falun Gong l~actitioners in China? Charles described how the Chinese regime started a war against 100 million of its own people who practiced Falun Gong, the meditation practice based on the principle of "Trut~ Compassion and Forbearance." Since then over 100,000 innocent people have been illegally jailed or detained. Many have been persecuted to death. To justify its [lear Mr.- Walsh and Mr Huck, They gave me the materials yesterday morning. I am now sending you all the documents I have prepared so far. The most important ones are the complementary Materials and Appeal Letter. Unfortunately, I don't have time to translate the Complementary Materials into English, which would be most important for you to · have a better understanding on the situation. Please be kindly advised that immediate action on the following questions would be extremely helpfuls. 1) Fax all documents to my friends in the states. Ask them to work on them ASAP. 2) Ask them to type in all Chinese; English copies to translate the Complementary Materials; to recheck all translations I made; and send them back to you. 3) Ask them to recognize the materials so that they would be suitable in format for reports to the State Dept and Congressional Human Rights Caucus, and also something for the media. i don't know if these materials will get into your hands. What I am going to do is to restart the hunger strike semiofficially (no food, but take water), as we discussed over the phone, if I don't hear from you by 5pm on 5/21/2003. Therefore, please do try to call me as soon as you can after the materials arrive. I wll NOT take any words from other people on this issue. We need to discuss what should be done next. My family, friends and I are fortunate to have so much help and support from you guys ever since I have been illegally detained and persecuted. We all appreciate it very much. As time goes by, I believe that truth will be revealed te you. The persecution of Falun Gong is totally illegal and brutal. And also, as Dr. King says, injustice anywhere is a threat to justice everywhere. I am looking forward to talking to you soon. Thank you very much! Yours Very Sincerely, Charles Li 3:00pm 5/16/03 CITY OF CUPEP TINO EXHIBIT City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 FAX' (4{)8) 777-3109 HUMAN RESOURCES SUMMARY Agenda Item No. Meeting Date: June 16, 2003 SUBJECT AND ISSUE Approve fiscal year 2003/04 terms and conditions of employment for the City Employees Association and unrepresented management and confidential employees. BACKGROUND Terms and conditions of employment are amended following negotiations with recognized employee organizations. The City has reached tentative agreement on a package of salary and benefit increases balanced by cost saving measures including work furloughs and increased benefit vesting periods. The negotiated package is within City Council authorization with an approximate cost of 4.47% (the net difference between a 5.4% salary and benefit increase less the savings of two work furlough days). Consistent with past practice, a similar package is also proposed for unrepresented management and confidential employees. Key provisions of the proposal are summarized as follows: · Increase retiree medical vesting from 5 to 15 years of service for regular employees hired after 07/01/03. · CEA to forego 07/01/03 top four compensation adjustments. · Discontinue any future top four MOU compensation provisions. · Base salary increase of 3.5%. · City to pay CalPERS retirement cost increase of 1.895%. · Two unpaid furlough days during which City facilities will be closed (day after Christmas and one additional day to be announced). · Bi-lingual pay differential (7.5% when required). · One year term (July 1, 2003 through June 30, 2004). Approval of the following resolutions is recommended for package implementation: A. Resolution No. 03- amends an MOU with the City Employees' Association (CEA) which represents clerical, technical, and professional employees. Printed on Recycled Paper Cupertino City Council June 16, 2002 Page 2 B. Resolution No. 03- amends the compensation progran~ for unrepresented (management and confidential) employees. RECOMMENDATION Staff recommends that the City Council adopt Resolution Nos. 03- described herein. to 03- as Submitted by: Approved by: /~andy A~e Human Resources Manager David W. Knapp City Manager RESOLUTION NO. 03-111 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the City Employees' Association, the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the City Employees' Association. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of June 2003 by the following vote: VOTE AYE S: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino MEMORANDUM OF UNDERSTANDING Cupertino City Employees' Association and City of Cupertino July 1, 2003 - June 30, 2004 of Content No Discrimination 1 Salary Schedule 2 Out of Class Wage Pay 3 Bilingual Pay Differential 4 Hours of Work - Overtime 5 Work Furlough 6 PERS Contribution 7 Insurance Coverage 8 Holidays 9 Temporary Disability Benefits 10 Vacation 11 Sick Leave 12 Sick Leave Verification 13 Family Leave 14 Personal Leave 15 Bereavement Leave 16 Military Leave 17 Pregnancy Disability Leave 18 Adoption Leave 19 Catastrophic Leave 20 Absence Notification 21 Training & Tuition Reimbursement 22 City Sponsored Recreation Programs 23 3 3 3 3 3 5 5 5 6 7 7 8 10 10 10 10 10 10 11 11 12 12 12 C~tegr~ry. Due Process Layoffs Reinstatement Continuation of Benefits Separability Salary Review Ratification Extended Benefits Term Salary Schedule 24 25 26 27 28 29 30 31 32 Attachment A P~ge Nnmher 12 13 13 13 13 13 14 14 14 15 MEMORANDUM OF UNDERSTANDI~O BETWEEN CITY OF CUPERTINO CUPERTINO CITY EMPLOYEES' ASSOCIATION This agreement, entered into the 1st day of July 2003, between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino City Employees' Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCREMINATION City and Association agree they shall not discriminate in any way on account of race, color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE Approximate monthly salary ranges as listed on Attachment A will apply for each classification effective at the beginning of the pay period in which July 1, 2003 occurs. SECTION 3: OUT-OF-CLASSIFICATION PAY Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five pement greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. SECTION 4: BILINGUAL PAY DIFFERENTIAL An employee who uses bilingual skills as approved by his/her supervisor and who passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay differential only for the work time during which employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. SECTION 5: HOURS OF WORK: OVERTIME 5.1 Honr~ nf Wark Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days. 3 5.2 Overtime Overtime shall be defined as any work in excess of 40 hours in a seven day work period: Holidays and paid t/me off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice. 5.4 Re~t Per/ncl~ Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 5.5 Payment afOverfima All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 5.6 Cc~mpen~.'tnry Time Off At the employees discretion, compensatory time offmay be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned compensatory time, shall be allowed to schedule compensatory time off at dates of the employee's selection provided: 1) that prior supervisory approval has been obtained, and 2) the request is made in writing. Compensatory time may be accrued up to 80 hours. Any compensatory time earned exceeding 80 hours will be paid in cash at the rate of time and one-half. An employee may exercise Ns/her option one time each calendar year to convert any/or all accumulated compensatory time to cash. 5. 7 l,eave AeenmN An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during said pay period. SECTION 6: WORK FURLOUGH During fiscal year 2003/04, all employees will take two unpaid work furlough days, the day after Christmas and another day to be announced, during which City facilities will be closed. SECTION 7: P.E.R.S. CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. The City will pay the increased FY 2003/04 CalPERS retirement cost of 1.895%. This does not obligate the Ci~ to pay any additional CalPERS retirement costs above the 1.895% increase now or in the future. Future CalPERS cost increases will be negotiable. SECTION 8: INS~CE COVERAGE 8.1 14eMth -Medical lnm~rance City agrees to pay an amount as set forth hereinfor medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement: July 1, 2003 - $682.00 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee, tn instances where the premium for the insurance plan selected is less than the city's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. The City reserves the right of selection and administration as to deferred compensation plan(s). If during the term of this agreement, modifications are made to the Federal tax Code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. 8.2 Dental lnm~rance City agrees to pay $74.47 per month for employees and their dependents. City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 8.4 T,nng Term Disability lnm~rance The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may us sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 8..5 Vision (2~re lnm~rant~e The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.74 monthly. SECTION 9: HOLIDAYS 9.1 Fixed t-lnliday~ The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Washington's Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Day following Thanks~ving 9. Christmas Eve 10. Christmas Day 11. New Year's Eve 12. Martin Luther King Day When a holiday falls on a Saturday, the preceding Friday shall be observed as the non- work day. When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. Nothing contained herein shall preclude the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 9.2 Fln~ting 14nllday~ In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of no less than one hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 6 9.3 lqolid~y Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. SECTION 10: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. 10.1 lTse nf Rick Leave tn Rupplement Temporary (nnt held) Disability Pn,vment5 Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 10.2 ~[ TEa nf Rick T,eave for lndn~tfial lrljllly Medical Appnintment~ An employee who is required to see a physician regarding the injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period. SECTION 11: VACATION All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval. Benefited full-time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Rervlee Time Hrs of Armnml Per Pay Anmml Aec, nml~ Maximnm Aeenml Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours [ -(0 An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate being earned. Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. 4. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. SECTION 12: SICK LEAVE All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Sick leave may be utilized due to the employee's personal illness, injury, maternity or sickness or injury to the immediate family. Immediate family is def'med as spouse and children. Employees shall, whenever possible, make appointments for medical, dental and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. 12.1 ~qlck T .cave (2onver~ion 12.2 Sick leave is not vested under California statutory law. 12.3 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate at the time of termination. 12.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 1.2.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. !2.6 Represented employees will have the option, subject to approval of the department head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to- one basis with a maximum of 48 hours and a minimum of 4 hours. As a condition of converting sick leave to vacation, ali employees will be required to use at least one-half of the vacation accrued during the previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least fourteen (14) calendar days in advance of intended vacation utilization. The granting of such exchange and subsequent use will be at the discretion of the department head. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed previously converted only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such m-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse,,.r~' is intended to mean that the ratio of sick leave to vacation will revert to the original(ration'¥t the time the initial exchange was implemented. SECTION 13: SICK LEAVE VERIFICATION A Department Head or supervisor may at their discretion require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. SECTION 14: FAMILY LEAVE The City of Cupertino will be in compliance with State and Federal Family Leave laws. SECTION I5: PERSONAL LEAVE The City shall allow accumulated sick leave credits to be used for medical appointments, to care for children or members of the immediate family who because of illness cannot care for themselves, and for medical emergencies. SECTION 16: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death ora close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother- in-law and father-in-law. SECTION 17: MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give their supervisor an opportunity with/n the limits of military requirements, to determine when such leave shall be taken. SECTION 18: PREGNANCY DISABILITY LEAVE A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. 10 An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The City will continue to provide health and welfare benefits consistent with the provisions of Section 6 of this agreement until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. SECTION 19: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. SECTION 20: CATASTROPHIC LEAVE The City's Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave, and ask the applicant to submit further documentation from their physician, and to determine the applicant's eligibility for catastrophic leave. All benefited employees who have passed initial probation with the City wilt be eligible to receive assistance. An employee does not have to be a contributor to be eligible. A recipient must have used all of their available leave hours before he/she is eligible. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. Donated vacation leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Interest accruing from the bank shall be credited to the time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% o£his or her regular pay. 11 An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when apply/rig for funds. SECTION 21: ABSENCE NOTIFICATION An employee is expected not to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himself/herself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. SECTION 22: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees; and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City; and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for job related training program costs shall provide a written request for reirhbursement to the Human Resources Division. The form provided shall incIude the type of training, sponsoring organization or institution, meeting times and costs. Once a training program has been approved, any employee covered would be eligible for reimbursement for job related training. However, no employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the training program. SECTION 23: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are elig/ble to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. SECTION 24: DUE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first 12 having been given, in writing the basis for such action being taken and the opportunity to question the reasons therefore of h/s/her supervisor or department head. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the file after three years. SECTION 25: LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the lease disruption of service to the City. Unless otherwise prevented from doing so as a result of conditions or situations beyond the City's control, the City will provide a minimum of thirty (30) days notice to any employee subject to being laid off pursuant to the Rule on layoffs. SECTION 26: REINSTATEMENT The names of employees affected by layoff shall be placed on recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes, shall be considered as though they had received an original appointment. SECTION 27: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained here/n shall be maintained at the standards in effect at the time of execution. SECTION 28: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, role or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 29: SALARY REVIEW The City agrees to perform a salary and retirement review for one classification at the request of the CEA negotiations team. 13 SECTION 30: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the Association's membership and presented and approved by the City Council of the City. SECTION 31: EXTENDED BENEFITS It is understood and agreed that any more favorable total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Cupertino Employee's Association. The more favorable terms will be incorporated into this agreement. SECTION 32: TERM This agreement shall be effective commencing at 12:01 a.m., July 1, 2003 and ending at 11:59 p:m. June 30, 2004. CITY EMPLOYEES' ASSOCIATION CITY OF CUPERTINO Diane E. Arrants Colin C. Jung Gary J. Kornahrens Susan J. Winslow Chylene L. Osborne Kimberly D. Frey Date: Reviewed by City Attorney Charles T. Kilian David W. Knapp Carol A. Atwood Carol T. Ferrell Sandy Abe Date:. Date: 14 SECTION 2: SALARY SCHEDULE ATTACHMENT A Classification Step 1 i Step2 Step 3 i Step4 : Step 5 Account Clerk $3,708.00 $3,893.00 $4,088.00i $4,292.00 $4,507.0C' Administrative Clerk $3,930.(~0 $4,126.00 $4,333.001 $4,549.00 $4,777.00 Assistant Civil Engineer $5,567.001 $5,845.00 $6,137.00 $6,444.00 $6,766.00 Assistant Planner $5,024.00 $5,275.00 $5,539.00 $5,816.001 $6,106.00 Associate Planner $5,414.00 $5,685.00 $5,969.00 $6,267 00! $6,581.00 Building Inspector $5,739.00 $6,026.00 $6,327.00 $6,643.00 $6,975.00 Case Manager $4,019.00 $4,220.00 $4,431.00 $4,653.00 $4,885.00 ;ode Enforcement Officer $4,644.00 $4,876.00 $5,120.00 $5,376.00 $5,645.00 Engineering Technician $4,734.00 $4,970.00! $5,219.00 $5,480.00 $5,754.00 Environmental Programs Assistant $4,767.00 $5,005.00 $5,256.00 $5,518.00 $5,794.00 Facility Attendant $2,822.00 $2,963.00 $3,111.00 $3,267.00 $3,430.00 Office Assistant $3,140.00 $3,297.00 $3,462.00 $3,635.00 $3,816.00 Pro Shop Attendant $2,684.00 $2,818.00 $2,959.00 $3,107.00 $3,263.00 Producer $4,134.00 $4,341.00 $4,558.00 $4,786.00 $5,025.00 Program Promotions Director $3,763.00 $3,951.00 $4,149.00 $4,356.00 $4,574.00 Public Works Inspector $5,739.001 $6,026.00 $6,327.00 $6,643.00 $6,975.00 Receptionist/Clerk $2,842.00 $2,984.00 $3,133.00 $3,290.00 $3,454.00 F~ecreation Assistant $2,022.00 $2,123.00 $2,230.00 $2,341.00 $2,458.00 P, ecreation Coordinator $3,763.00 $3,951.00 $4,149.00 $4,356.00 $4,574.00 ISenior Engineering Technician $5,102.00 $5,357.00 $5,624.00 $5,906.00 $6,201.00 Senior Office Assistant $3,486.00 $3,660.00 $3,843.00 $4,036.00 $4,237.00 Senior Planner $5,806.00 $6,096.00 $6,401.00 $6,721.00 $7,057.00 Senior Traffic Technician $5,102.00 $5,357.00 $5,624.00' $5,906.00 $6,201.00 Special Programs Coordinator $3,462.00 $3,635.00 $3,817.00 $4,008.00 $4,208.00 Traffic Signal Technician $5,309.00 $5,575.00 $5,853.00 $6,146.00 $6,453.00 Traffic Technician $4,734.00 $4,970.00 $5,219.00 $5,480.00 $5,754.00 15 RESOLUTION NO. 03 - 113 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 00-185, UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees' Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment "A" which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 16~h day of June, 2003 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Attachment "A" City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title Accountant Accounting Technician Administrative Secretary Assistant City Attorney Assistant Director of Public Works Building Official City Clerk City Manager City Planner Community Relations Coordinator Deputy City Attorney Deputy City Clerk Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Environmental Programs Manager Finance Manager GIS Coordinator Human Resources Analyst Human Resources Manager Human Resources Technician Information Technology Manager Network Specialist MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Public Information Officer Public Works Projects Manager Public Works Supervisor Recreation Supervisor Secretary to the City Attorney Secretary to the City Manager Senior Architect Senior Civil Engineer Service Center Manager Traffic Engineer Web Specialist Adopted by Action of the City Council, April I, 1974 Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02 2 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal policies. As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 3 TRA1NING AND CONFERENCES I. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons, other than the City Manager, under this Compensation Program shall be reimbursed in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City. One means of implementing this encouragement is through a formal reimbursement schedule for authorized attendance at such conferences, meetings and training sessions. B. Non-Management Personnel When authorized by a Department Head, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred being limited to authorized actual costs thereof. II DEFINITIONS A. Budgetary Limitations Funding capability for payment toward or reimbursement of expenses incurred for attendance at conferences, meetings and training sessions shall be limited to the amount appropriated as a line item for each applicable amount. B. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City of the individual. (0 -2_5 C. Local Area A local area is that within an approximate 100 mile radius or two hours drive of the City. D. Meetings A "meeting" shall mean a convention, conference, seminar, workshop, meal or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. E. Training Session A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. I12 REIMBURSEMENT SCHEDULE A. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. B. Transportation When an expenditure is authorized or is eligible for reimbursement the City will pay transportation costs from the attendee's home to the destination and return on the basis of the costs for the nearest route by air at the air coach fare. Transportation costs also may include limousine or taxi service to and from the attendee's home and the airport or for airport or destination parking charges for personal automobiles so parked when such is used in lieu of travel by air. Use of a personal automobile for City business shall be reimbursed at a rate per mile then in effect for such use except in no case shall it exceed air coach fare. Requests for car rentals must have prior approval by the City Manager for reimbursement. Reimbursement for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons r~ceiving a monthly mileage allowance. C. Hotel Payments toward or reimbursement of hotel or lodging expenses is limited to the actual cost of the room. Such payments or reimbursements shall not be made for hotel or lodging expense when incurred within the local area. Exceptions to this requirement shall be for attendance at the Annual League of California Cities Conference and for those nights when attendance at other conferences, meetings and training sessions official functions would preclude the return to the City by the attendee within two hours after the end of the normal working day. D. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Costs of special luncheon or dinner meetings or other programs on the agenda and not covered by registration fees may be paid or reimbursed in addition to this daily allowance when approved by the City Manager. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. No payment shall be made for any expenses incurred which are of a personal nature or not within a standard or reasonableness for the situation as may be defined by the City Manager. IV ATTENDANCE AUTHORIZATION A. Budgetary Limitations Notwithstanding any attendance, authorization contained herein, reimbursement for expenses incurred or expenditures made relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. 6 B. Conference Attendance Attendance at conferences or seminars by employees must be approved by the Department Head or the City Manager. C. Meetings Any employee, management or non-management, may attend a meeting when authorized by the Department Head. D. Training Sessions Any employee, management or non-management, may attend a training session when authorized by the Department Head. V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. There also will be an appropriation to the Department of Parks and Recreation each year to be used as payment toward or reimbursement of expenses incurred for its in-service training program. Excluded from this funding capability is that amount to be determined each year and appropriated to the Personnel Division for costs incurred in training programs of a general nature and applicable to all employees. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification City Manager $350.00 City Attorney 350.00 Director of Administrative Services 300.00 Director of Community Development 300.00 Director of Parks and Recreation 300.00 Director of Public Works 300.00 Assistant Director of Public Works 250.00 City Clerk 250.00 Human Resources Manager 250.00 Public Information Officer 250.00 Senior Architect 250.00 Traffic Engineer 250.00 Recreation Supervisor 200.00 Secretary to City Manager 200.00 Allowance Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. Adopted by Action of the City Council April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 9 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 6 OVERTIME WORKED Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97 10 UNREPPdgSENTED EMPLOYEES'COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under wkich employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided rema!ns the ultimate responsibility of'the employee in these positions, the City shall contribute an mnount of $702.00 per employee per month towards the premium or pay the full Cost of the premium if less than this amount..If the premium amounts for any employee covered by this policy are less than $702.00 per month, the difference between the premium amount and $702.00 will be included in the employee's gross pay. Adopted by Action of the Cit~ Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/8I, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02 11 -3/) City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 8 FLEXIBLE HOL1DAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees' may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99 12 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel roles of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/8 I. 6/82, 6/92 13 (2 -32-' City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 14 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES' RETI20,EMENT SYSTEM CONTRIBUTION It is the policy of the City of Cupertino to pay the eligible employee's contribution rate to the Public Employees' Retirement System not to exceed seven percent (7%) of the applicable salary. The City will pay the increased FY 2003/04 CalPERS retirement cost of 1.895%. This does not obligate the City to pay any additional CalPERS retirement costs above the 1.895% increase now or in the future. Future CalPERS cost increases will be negotiable. Adopted by Action of the City Council June, 1981 Revised 6/87, 6/89, 7/90, 7/9I, 7/92, 6/03 15 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $74.47 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carder or carriers. Adopted by Action of City Council July 1, 1983 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99 16 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The City Manager, City Attorney, and department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July, 1988 Revised 7/92, 7/97, 7/99 17 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 18 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 15 PUBLIC SERVICE CREDIT - VACATION ACCUMULATION The City Manager, City Attorney, and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 Revised 6/99 19 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance will be offered to the City Attorney and department heads pursuant to Resolution No. 99-070 as amended. Adopted by Action of the City Council July 7, 1997 Revised 7/99 2O City of Cupertino Unrepresented Employees' Compensation Program Policy No. 17 VISION INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $13.74 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1997 Revised 7/99, 6/02, 6/03 21 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation Effective July 1, 2003 CITY OF CUPERTINO CLASSES OF POSITION/CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE JULY 1, 2003 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Council can modify these rates. Classification Step 1 Step 2 Step 3 Step 4 Step 5 City Attorney $14,242.01: City Manager $15,535.01: Director of Administrative Services $10,155.00 $10,663.00 $11,196.00 $11,756.00 $12,344.01: Director of Community Development $9,546.00 $10,023.00 $10,524.00 $11,051.00 $11,603.01: Director of Parks and Recreation $9,546.00 $10,023.00 $10,524.00 $11,051.00 $11,603.01: Director of Public Works t;10,362.00 $10,880.00 $11,424.00 $11,995.00 $12,595.01: Members of the City Council $618.85/month Members of the Planning Commission $50.00/meeting (maximum $200.00/month) CITY OF CUPERTINO CLASSES OF POSITIONS BY PAY GRADE MANAGEMENT CLASSI:FICATIONS EFFECTIVE JULY 1, 2003 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney $6,074.00 $6,377.0( $6,696.00 $7,031.0¢ $7,383.00 Assistant Director of Public Works $8,238.00 $8,650.06 $9,082.00 $9,536.00 $10,013.00 Building Official $7,489.00 $7,863.06 $8,257.00 $8,669.00 $9,103.00 City Clerk $6,074.00 $6,377.00 $6,696.00 $7,031.00 $7,383.0( City Planner $7,489.00 $7,863.00 $8,257.00 $8,669.00 $9,103.0( Environmental Programs Manager $5,983.0( $6,282.00 $6,597.00 $6,926.00 $7,273.0( Finance Manager $7,163.0( $7,521.00 $7,897.00 $8,292.00 $8,706.0(* -luman Resources Manager $7,163.0(: $7,521.00 $7,897.00 $8,292.00 $8,706.0(* nformation Technology Manager $6,928.06 $7,275.00 $7,639.0( $8,021.00 $8,422.0(q Public Information Officer $6,074.00 $6,377.00 $6,696.06 $7,031.00 $7,383.0f~ Public Works Project Manager $6,074.00 $6,377.00 $6,696.0C $7,031.00 $7,383.00 Public WorksSupervisor $5,608.00 $5,888.00 $6,182.00 $6,492.00 $6,816.00 Recreation Supervisor $5,608.00 $5,888.00 $6,182.00 $6,492.0( $6,816.00 Senior Architect $7,489.00 $7,863.00 $8,257.00 $8,669.0( $9,103.00 Senior Civil Engineer $7,489.00 $7,863.0( $8,257.00 $8,669.06 $9,103.00 Service Center Manager $7,489.00 $7,863.06 $8,257.00 $8,669.06 $9,103.00 CITY OF CLrpERTINO CLASSES OF POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTiVE JULY 1, 2003 Classification Step 1 Step 2 Step 3 Step 4 Step 5 ~,ccountant $5,022.00 $5,273.00i $5,537.00 $5,814.06 $6,105.00 ~,ccountingTechnician $4,660.00 $4,893.00: $5,138.00 $5,395.06 $5,665.00 ~,dministrativeSecretary $4,184.00 $4,393.00 $4,613.00 $4,844.06 $5,086.00 Dommunity Relations Coordinator $4,828.00 $5,070.00, $5,323.00 $5,589.0(2 $5,869.00 3eputy City Clerk $4,184.00 $4,393.00 $4,613.00 $4,844.0(2 $5,086.00 $1SCoordinator $4,828.00 $5,069.00 $5,323.00 $5,589.0(2 $5,868.00 -'luman Resources Analyst $5,022.00 $5,273.00 $5,537.00 $5,814.0(2 $6,105.00 quman Resources Technician $4,660.00 $4,893.00 $5,138.00 $5,395.0(2 $5,665.00 XletworkSpecialist $4,828.00 $5,070.00 $5,323.00 $5,589.0(2 $5,869.00 Secretary to the City Attorney $4,577.00 $4,806.00 $5,046.00 $5,299.0(2 $5,564.00 Secretary to the City Manager $4,577.00 $4,806.00 $5,046.00 $5,299.0(2 $5,564.00 ¢VebSpecialist $4,828.00 $5,069.00 $5,323.00 $5,589.0(2 $5,868.00 CITY OF CUPERTINO To: From: Date: Subject: 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 C yCo nc l EXHIBIT Gary Chao, Assistant Planner June 16, 2003 Item #16 Please accept the following attachments: 1. Revised model resolution no. 6188 (U-2003-02) with the following condition added: 15. CONSTRUCTION MANAGEMENT PLAN: Prior to issuance of building permits, the applicant shall submit a construction management plan to the Planning Department for review and approval. The plan shall provide provisions for the following: Construction Vehicle Routing Plan: Ali construction vehicles shall enter the project site from Rainbow Drive off of De Anza Blvd. and exit onto Rainbow Drive to De Anza Blvd. Construction Equipment Staging Plan: The construction equipment-staging plan shall clearly indicate where the equipments will be staged during construction to the satisfaction of the Cormmunity Development Department. Dust Control: The project shall utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in the grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify ail Pre-and Post development BMPs that will be installed on-site. 2. Draft Ordinance No. 1920 with exhibits (revised zoning plat map and legal description) submitted by the applicant after the preparation of the staff report. U-2003-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6188 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 55 SINGLE FAMILY RESIDENCES AND SITE IMPROVEMENTS ON A 4.03-ACRE PARCEL LOCATED AT 7310 RAINBOW DRIVE A-E AND 7308 RAINBOW DRIVE 9-14 and A. SECTION I: PRO|ECT DESCRIPTION Application No(s).: U-2003-02 (EA-2003-03) Applicant: Prometheus Location: 7310 Rainbow Drive A-E and 7308 Rainbow Drive 9-14 and A. SECTION II: FINDINGS FOR USE PERMIT 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 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 and Exception are 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(s). U-2003-02 Resolution No. 6188 U-2003-02 May 27, 2003 Page 2 (EA-2003-03), as Set forth in the Minutes of the Planning Commission Meeting of May 27, 2003, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Saron Gardens dated June 6, 2003 including sheets A0, LO.O, C1-C8, T1, L1.1-L4.1, Al, A.A1-A.A3, A.B1-A.B2, A.C1-A.C2, A.D1-A.D3, A.N1-A.N2, A.P1-A,P3, except as may be amended by the Conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of ~he 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 ail of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. FENCING & LIGHTING PLAN: The applicant shall submit a fence and lighting plan (including fencing details of the transformer along Rainbow Drive) to the Design Review Committee for review and approval prior to issuance of building permits. In order to replace the perimeter fences, proof of consent or authorization from the adjoining neighbors must be submitted to the City prior to approval. 4. DECORATIVE PAVERS: The style and type of the decorative pavers are not approved as part of this project. A revised site plan indicating the specific type and style of pavers must be submitted to the Design Review Committee for review and approval prior to final approval of the project. Pavers shall be specified as interlocking pavers or other pavement materials that looks like interlocking pavers with some water permeability. CURB & PARKWAY ALIGNMENT ON POPPY WAY: A supplemental arborist report with specific tree preservation recommendations must be submitted to the City for review and approval in order to finalize the sidewalk/curb design along Poppy Way prior to the approval of the final map. The arborist report shall consider the existing tree canopy size, grade levels and sufficient setback from the proposed sidewalk in order to ensure complete preservations of these trees. The sidewalk/parkway will be required to meander or bulb around trees #60-62 along Poppy Way and then come back in to match the existing sidewalk/parkway patterns. In the event that the two R-1 lot sizes are affected by the approved curb/parkway Resolution No. 6188 U-2003-02 May 27, 2003 Page 3 alignment, the proposed homes must be reduced in size according to the R-1 development standards. Revised plans shall be reviewed and approved by the Design Review Committee. 10. 11. 12. LANDSCAPING PLAN: A revised landscaping plan shall be submitted to the Design Review Committee for review and approval indicating the preservation of tree #58 on the site plan. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): A copy of the CC& R's for the project shall be reviewed and approved by the City Attorney prior to approval of the final map. A legal description of the side/rear yard easements proposed between homes must also be submitted to the City Attorney's Office for review and approval prior to the final map approval. PARKING RATIO: Parking ratio for the property shall be 2.83 spaces per unit (156 stalls). Two spaces per unit shall be covered. In addition, the parking ratio for the two R-1 single-family homes shall be 4 spaces per unit (8 stalls). Two spaces per unit shall be covered. SITE PLAN: A revised site plan reflecting the proposed fence recess between each homes as shown on the landscaping plan sheet L2.1 shall be submitted to the Planning Department for review and approval prior to issuance of building permits. INTERIOR GARAGE DIMENSION: The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls). STOOP HEIGHTS OF UNIT TYPE D (D1 & D2): As proposed, the entry landing leading to the front door of D units (D1 & D2) is approximately elevated 6 feet above grade that does not present a very desirable pedestrian experience. The applicant shall explore options to reduce the height of the entry stoops by breaking up the main entry stairs by adding a couple of steps at the entrance of the front yard or re-evaluate the grading plan for the project so that the ground floor/garage could be set lower in elevation in order to reduce the scale of the front stoops. Revised plans for ail of the D units shalI be submitted to the Design Review Committee for review and approval prior to issuance of the Final Map. TRANSFORMER: The transformer proposed along Rainbow Drive shaIl be screened completely out of the public view by a combination of fencing and landscaping. The fence design shall be reviewed and approved by the Design Review Committee. Alternatively, the transformer may be underground if screening from fencing and landscaping are determined inadequate. Resolution No. 6188 U-2003-02 May 27, 2003 Page 4 13. BELOW MARKET RATE UNITS: The project will be increasing the total number of housing units by 15 units on the project site. However, 39 apartment units will be demolished. As a mitigation measure, 20% (3 units) of the 15 additional units must be below market rate units consistent with the City's Housing Mitigation Policy. 14. RELOCATION ASSISTANCE PROGRAM: The project will be subjected to the approved relocation assistance program dated May 22, 2003 except as may be amended by the Conditions contained in this resolution. Prometheus shall do everything within reason to accmm-nodate residents with children attending schools so that they can continue to live in the same school district. 15. CONSTRUCTION MANAGEMENT PLAN: Prior to issuance of buiIding permits, the applicant shall submit a construction management plan to the Planning Department for review and approval. The plan shall provide provisions for the following: a. Construction Vehicle Routing Plan: All construction vehicles shaI1 enter the project site from Rainbow Drive off of De Anza Blvd. and exit onto Rainbow Drive to De Anza Blvd. b. Construction Equipment Staging Plan: The construction equipment-staging plan shall clearly indicate where the equipments will be staged during construction to the satisfaction of the Community Development Department. c. Dust Control: The project shall utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in the grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on-site. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The Public Works Department must approve all on and off-site improvements prior to gaining approval, which includes storm drain improvements, sidewalk design, curb and gutter design and dedications along Poppy Way. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. The Public Works Department must approve ali on and off-site improvements prior to gaining approval, which includes storm drain improvements, sidewalk desigux, curb and gutter design and dedications along Poppy Way. Resolution No. 6188 U-2003-02 May 27, 2003 Page 5 STREET LIGHTING INSTALLATION Street lighting shal! be installed and shalI be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify whether new storm drain facilities will be required, existing systems may need to be upgraded, or storm drainage can be maintained the same. 9. FIRE PROTECTION Fire sprinklers shalI be installed in any new construction to the approval of the City. 10. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and Resolution No. 6188 U-2003-02 May 27, 2003 Page 6 inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 12. 13. 14. 15. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 6% of Off-Site Improvement Cost or $2,268.00 minimum $ 6% of Site Improvement Cost $ 3,OOO.OO $ 5,198.70 $1,097.75 $ 97,200.00 Bonds: a. b. C. Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one-year power cost for streetlights TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. Resolution No. 6188 U-2003-02 May 27, 2003 Page 7 16. NOIfNPDES PERMIT The developer shall determine if a NOI/NPDES permit will be required for their site. Please see attached. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. /s/Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 27th day of May, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roi1 call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development /s/Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G:\Plamxing\ PDREPORT\ RES\ U-2003-02res.doc ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING THREE PARCELS TOTALING 3.92 GROSS ACRES PARCEL FROM P (R3) OR PLANNED DEVELOPMENT WITH MULTI-FAMILY RESIDENTIAL USES AND RI OR SINGLE FAMILY RESIDENTIAL TO P(RES) OR PLANNED DEVELOPMENT WITH RESIDENTIAL USES WHEREAS, an application was received by the City (Application no. Z-2003-01) for the rezoning of properties to P(Res); and WHEREAS, the rezoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezm4ng be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A and Exhibit t3 as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and Exhibit B is hereby rezoned to P(Res) or Planned Development (Residential Use); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of June, 2003 and ENACTED at a regular meeting of the City Council of the City of Cupertino the th day of, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk G:NPIanningNPDREPORT~ORD~Z-2003-01 Ord doc Mayor, City of Cupertino LEGAL DESCRIPTION SARON GARDENS CUPERTINO, CALIFORNIA AREA TO BE REZONED Real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Beginning at a monument in the centerline of Poppy Way, which was set per that certain Map entitled "Tract No. 2016, Spdngarden Unit No. 4" which was filed for record in Book 124 of Maps at Page 16, Santa Clara County Records; thence North 00°00'31'' West 99.75 feet along the centerline of Poppy Way to the True Point of Beginning. Thence continuing North 00°00'31'' West, a distance of 19.34 feet; Thence leaving said centerline of Poppy Way, North 89050'44'' East 55.70 feet; Thence South 00°00'31'' East, a distance of 2.80 feet; Thence North 89o50'44" East 45.53 feet; Thence North 00°09'16'' West 90.00 feet; Thence North 89050'44'' East 54.00 feet; Thence North 00°00'31" West 100.00 feet; Thence North 89050'44'' East 482.39 feet to a point on the Westerly line of Rainbow Drive; Thence proceeding along said Westerly line of Rainbow Drive, South 02004'57" East 248.00 feet; Thence along said Westerly line of Rainbow Drive, southeasterly along the arc of a curve to the right having a radius of 95.00 feet, through a central angle of 33042'04", an arc length of 55.89 feet; Thence leaving said Westedy line of Rainbow Drive, South 89050'44" West 562.23 feet; Thence North 00°09'16" West 90.00 feet; Thence South 89050'44'' West 115.76 feet to the True Point of Beginning. Containing 170,795 square feet (3.92 acres) of land, more or less. 6/12/03 Page I of 1 Creegan + D'Angelo 103005 LINE TABLE ---- BOUNDARY LINE J Cu~rE TABLE I CENTERLINE LOT UNE AREA TO BE REZONED TO "R-RES" (~.~2 ADJACENT LOT LINE e MONUMENT NOTE: FUTURE LOTS 1 AND 2 TO REMAIN ZONED AS R-1 RAINBOW DRIVE ~ ~ ¢ 2o ~ ~.~ 54.00 ~/ 857~~ ~ ' I 9',* Acres -,, - -- BEARINOS SHOWN HEREON ARE BASED ON THE MONUMENTED C~NTERLINE OF POPPY WAY AS SHOWN r~L.~ fOR R[OO,D ~N .OOK J~4 Or .A,S *T P~g~ - CREEGAN+D ANGELO SARON GARDENS DESIGN: DBV CH'KD: - Engineers ' Planner~ . Surveyor~ DATE: 6-11-03 1075 N. TENTH STREW, SUITE 100 SCALE: 1"= 100' SAN JOSE, CA g5112 (408)g98-1234 CUPERTINO, CALIFORNIA REV: - VOLUME 56, NUMBER 20 CUPERTIN¢), CALIFORNIA JUNE I I, 2003 Photograph by Erin Day Tom Dragosavac and his wife, Kelly, have rented an apartment in Saron Gardens on Rainbow Drive for the past seven years. They will be moving along with some 38 other families when Prometheus Real Estate Group tears down the complex to build 55 houses. ' Tenants get the boot for project By JENNIFER ZHANG ming pool to construct 55 hous- tatives have met with residents Soon Rae Norris will have to say goodbye to her apart- ment at Saron Gardens, where she has lived for 18 years. She doesn't like it, but she has no choice. And the same is true for all 38 fan'rilles in the apart- ment complex on Rainbow Drive. That's because Prometheus Real Estate Group a developer based in Redwood City, is in the process of redeveloping the. property. According to Gary Chao, the city's assistant planner, Prom- etheus plans to demolish the 39 existing apartment units, one house, six carports and a swim~ es, a public pedestrian pathway and a village green area on the project site. .The Cupertino Planning Com- rmsston unanimously approved the project on May 27, and it is scheduled to go before the city council on June 16. Aside from physical changes and impacts that the project would bring to the neighbor- hood, one of the most impor- tant issues has been the future of existing Satori Gardens resi- ] dents, who are being pushed i out of their homes to make i space for the new development, i Throughout the planning process, Prometheus represen- to discuss concerns relating to relocation. According to Tom Drago- savac, a seven-year Saron Gar- dens resident, he and his neigh- bors first learned about the redevelopment on April 29, when they received information about a resident relocation pro- gram proposed by Prometheus. Residents were surprised by the news and unsatisfied with the relocation program. They quickly formed a neighborhood association, which met with rep- resentatives of Prometheus to discuss neighbors' concerns. The ~ ~l~llall~ page 7 SHERIFF'S REPORT ~be foHowi~ ~¢ide~ ~er¢ culled from reports filed by deputies at the sheriff's Westside Substation. Burglary--June 2, 4 a.m., Med- ina Lane. A citizen reported two people searching through ;~ parked vehicle in the arca at about 4 a.m. on June 2. Thc citi- zen maintained telephone con- tact with the dispatcher and reported the subjects' move- ments until deputies arrested the two men as they were leaving the area. The two men were dri- vhig a stolen car and in posses- sion of stolen items and burglary tools~ They would not identify themselves to deputies. One of them called himself "the black Robin Hood who steals from the rich and gives to the poor." Drug, Weapon Possession--June 1, 5:15 p.m.,Wunderlich Drive. A police officer stopped a vehicle for a registration violation. Thc driver was arrested after he was found to be in possession of con- trolled prescription drugs and a concealed wooden club. Auto Burglary--June 1, 7:30 a.m., Phil Lane. Sometime dur- ing the night of June 1, an unknown person broke the rear passenger window of a locked vehicle and stole a detachable stereo faceplate, a flashlight and a CD player remote control. Bicycle Theft--May 29, 8:15 p.m., Parkwood Drive. Two bicycles were left leaning against the side of a residence. An unknown person stole one of the bikes. The victims did not know the serial number of the bike, so it could not be entered into the nationwide stolen property system. Auto Theft--May 29, 7:30 a.m., Elmsford Drive. An unknown person entered an unlocked vehicle and stole a detachable stereo faceplate and some empty CD cases. JUNE 11, 2003THE CUPERTINO COURIER Tenants: Parents want to keep schools Continued from page 5 Cupertino schools. two sides eventually agreed on a revised relocation assistance package on May 22. "I think if we had a choice, everyone here 'would prefer staying instead of moving regardless of what relocation assistance they give us. But we don't have a choice.... In terms of the revised relocation program, Prometheus has met all of our conditions, so we are happy with that. But like I said, if we could, we would prefer staying," Dragosavac said. Among other things, the revised reloca- tion program will provide residents rental assistance in the amount of three times the existing Saron Gardens rent per unit. Based on the average rent of $1,500 per unit, Prometheus would pay a sum of $4,500 per trait, which is $1,300 more than what Prometheus originally proposed. Although residents are generally sat- isfied w. ith the revised relocation pro- gram, there are other issues that are yet to be resolved. "The school issue has not been worked out. I hope the city will work with the school districts in securing the right for our children to continue their education in their present schools," Norris said. Although the issue does not immedi- ately affect Norris, as she does not have any children atterlding local schools, many families do have children in Thirteen children from Saron Gardens Apartments are currently attending Regnart Elementary; three are enrolled at Kennedy Middle, and four go to Monta Vista High School. City staff and Prometheus represen- tatives have met with local school dis- trict officials to find out whether the districts can allow the students from Saron Gardens to continue their educa- tion at their current schools in the event that they move outside of school district boundaries. According to Chao, the districts have agreed to allow Regnart Elementary School students and Monta Vista High seniors to finish the 200342)4 school year if they resided in Saron Gardens until December 2003. Students at Kennedy, however, will not be able to attend the same school if they move outside the school's boundaries because Kennedy is already overcrowded. Saron Gardens resident'Jenny Yu, a seventh-grade student at Kennedy Middle, said, "I'11 probably be very sad if I have to go to a different schQol. I have many good friends at Kennedy. I really like the school." The project is scheduled to go before the Cupertino City Council during its regular meeting on June 16. ¥oo~t ?~o'~o s Housing Action Coalition The Housing Action Coalition OqAQ was formed in Januan? I993 under thc aegis of the Silicon Valley Manufacturing Group. HAC supports the construction of homes that are well built, relafivdy affordable, and appropriately located to meet the needs of Santa Clara Count3, families and neighboring communities. HAC is made up of more than 150 diverse indMduals and organizations concerned about housing. Coalition members include: · Home Builders Association · Sierra Club · Building and Construction Trades Council · Greenbelt Alliance · Santa Clara Count)., Association of Realtors · Tri-CounB. Apartment Association · Interfaith Council · League of Women Voters · Affordable Housing Net~vork · Numerous local governments · Several chambers of commerce · Santa Clara Valley Transportation Authori~, Accomplishm¢i~t~ HAC's Project AdvocacT has successfully advocated for more than 32,000 new homes for working families in Silicon Valley: Nearly 50 percent of those homes were affordable to low and moderate income earners. Our Housing Tours program sponsors am~ual tours of affordable home devdopments located along mmsit corridors. For more information, contact the Silicon Valley Manufacturing Group: TEL: 408.501.7864 EMAIL: housing~svmg, org Or visit our Web site at: http://ww~swng, org/Committees/Housing/ ftousing_Action_Coalifion/ The Realities of Afford ble Hon es Most of us recognize the need for homes that working families can afford. Not all of us agree where they should be built. This brochure dispels some of the myths often heard about affordable homes. Myth: People who live in affordable homes don't belong in my neighborhood. Fact: Aff~rdable homes are intended to house people enraging approximately 60 percent of the area median income, that is, $63,300 for a family of four in Santa Clara Count)' in 2003. Residents of typical affordable homes include teachers, registered nurses, librarians, police officers, social workers, and others who are vital to the healtli and welfare of our community and econ Myth: Apal tments disproportionately burden schools. Fact: On a home by-home basis, newer single-family homes have three times as many school-age children as apartments, according to the National Association of Home Builders. Myth: Affordable homes result in too much traffic. Fact: Residents of affordable homes are less likely to own and drive cars and are more likeh' to use public transit. Apartments generated 30 to 40 percent fewer vehicle trips than single-family homes in 2002, according to the National Multifamily Housing Council. Fact: Building affordable homes in urban areas allows lox,,' to moderate-income workers to live near their jobs. Without affordable homes, these workers would be forced to live in outlying areas and commute great distances to their jobs. This results in increased traffic congestion and air pollution. This was reported by the Greenbelt Alliance in 2002 in "Smart lnfili." Myth: Affordable homes reduce property values. Fact: New, affordable homes have no negative impact on propert), values, according to a Housing and Urban Development Department report published in 1999. Fact: According to a 2001 report by thc Family Housing Fund, little to no evidence exSsts to support thc claim that affordable rental homes erode surrounding home values. Fact: The avcrage annual appreciation rate for single- family homes within 300 feet of a multifamily building was 3.1 percent compared to 3.2 per cent for single-family homes where no multi family building was within 300 feet, according to an American Housing Survey conducted betxveen 1987 and 1995. Myth: High-Density development strains public services and infrastructure. Fact: Dense development witlEn our cities concen- trates growth and requires only small infra- structure upgrades such as street repairs and sewage line expansion. The alternative, urban sprawl, requires new infrastructure invest- ments. This was pointed out in the National Multihousing Council's "Multifamily Myths." Fact: The smaller household sizes and fewer bath rooms of multifamily residents result in less water demand. In an assessment of peak and average water demand by building type, the National Association of Home Builders found that the average dally water demand per year was 407 gallons for single family homes, compared to only 213 gallons for multifamily homes. Myth: Affordable homes increase crime. Fact: A 1996 study by the Arizona Multihousing Association show that apartments require less demand for police services. A greater number of calls for po;rice service result from single family homes as compared to multifamily homes. Fact: "Creating Defensible Space," published by HUD in 1996 shows that physical design is key to creating safe affordable housing communities. EXHIBITS END HERE Revenue/Expenditure Trends April revenues continued to lag prior year receipts, but are on-target with the budget projections updated at mid-year. Year-to-date sales taxes are down 3.3% from the prior year; transient occupancy taxes are down 21% in same-hotel comparisons. Building permits seem to be the only bright spot in the City's revenue picture, up $295,000 (30%) from the prior year. Operating expenditures have been held to 2.7% over the same period last year. RECOMMENDATION: Accept the Treasurer's and Budget report for April 2003. Submitted by: Approved for submission: David W. Knapp City Manager