CC 09-02-03( OF
CUPE INO
AGENDA
CUPERTINO CITY COUNCIL ~ SPECIAL MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Tuesday, September 2, 2003
5:00 p.m.
CITY COUNCIL MEETING
ROLL CALL
STUDY SESSION - 5:00 p.m. in Conference Room C
1. Discuss with the City Council and the Cupertino Library Foundation the library
fundraising effort.
RECESS
PLEDGE OF ALLEGIANCE - 6:45 p.m. in the Council Chambers
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
2. Presentation by the Independent Order of Odd Fellows Cupertino Lodge #70 to the
Sheriff's Office and the Santa Clara County Fire Department in honor of 9/11. (No
documentation in packet).
3. Proclamation for Cupertino National Little League Senior Mariners. (No documentation
in packet).
POSTPONEMENTS
WRITTEN COMMUNICATIONS
September 2 2003 Cupertino City Council Page 2
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.
CONSENTCALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
4. Approve the minutes from the August 4 City Council meeting.
Adopt resolutions accepting Accounts Payable for August 1, 8, 15, and 22, Resolution
Nos. 03-150 to 03-153.
6. Adopt a resolution accepting Payroll for August 15, Resolution No. 03-154.
7. Approve applications for Alcoholic Beverage Licenses:
a) Made Callender Pie Shops Inc., 20750 Stevens Creek Blvd.
b)
20956 Homestead Rd., #A (Southeast comer of Homestead Road and Stelling
Road) (The applicant has not yet chosen a name for this restaurant).
Adopt a resolution approving the destruction of records from the City Clerk and City
Manager's Office, which are in excess of two years old, Resolution No. 03-155.
Approve the second restated and amended Joim Exercise of Powers Agreement (JPA)
creating the Silicon Valley Animal Control Authority (SVACA). This amendment
changes voting requirements, who can be designated as a board alternate and the formula
for reimbursement of excess reserves to a withdrawing agency.
10.
Approve the installation of engraved Cupertino Education Endowment Foundation
(CEEF) donor recognition bricks, provided by CEEF, in a dedicated location, during the
construction of City Center Park.
11. Watershed Protection Collaborative:
a)
Authorize the City Manager to negotiate and execute the First Amendment to the
Reimbursement Agreement with the Santa Clara Valley Water District in the
amount of $155,000 for the District to fund the efforts of the Watershed
Protection Collaborative
(b) Authorize the Director of Public Works to negotiate and execute an agreement in
an amount not to exceed $155,000.00 with CONCUR, Inc. for the administration
September 2 2003 Cupertino City Council Page 3
of the Watershed Collaborative Process, on condition of approval of the
reimbursement agreement by the City and the Santa Clara Valley Water District
(SCVW~)
12. Adopt a resolution accepting a grant of easement for roadway, Republic Properties Inc., a
California Corporation, 22551 Ricardo Road, APN(s) 356-01-051,052, 053, Resolution
No. 03-156.
13. Adopt a resolution accepting a quitclaim deed for Steven Mayhew and Jeanette Mayhew,
as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 21691
Lomita Avenue, APN 357-17-023, Resolution No. 03-157.
14. Improvement agreements:
a) Adopt a resolution accepting an improvement agreement (grading, drainage, street
improvements) for Steven Mayhew and Jeanette Mayhew, as Trustees of the
Mayhew Family Trust initially created on November 20, 2001, 21691 Lomita
Avenue, APN 357-17-023, Resolution No. 03-158
b) Adopt a resolution accepting an improvement agreement (grading, drainage, street
improvements) for Lyrm M. Ching, 22781 Stevens Creek Boulevard, APN 342-
12-037, Resolution No. 03-159
c) Adopt a resolution accepting an improvement agreement (drainage, off-site
improvements) for GB Estate Homes, a California LLC, 10690 South Stelling
Road, APN 35%22-067, Resolution No. 03-160
15. Accept municipal improvements (curb & gutter) for Daren Shu, 11593 Upland Way,
APN 366-03-009. (No documentation in packet).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
16. Consider adopting a resolution ordering the vacation of a 10 fi. public service easement,
11477 Lindy Place, APN 356-24-004, Resolution No. 03-161.
17. Conduct a public hearing regarding the 2003-04 Local Law Enforcement Block Grant
Funds.
PLANNING APPLICATIONS
18. Consider Application No. M-2003-04, Hunter/Storm Associates, APN 369-40-017, to
modify use permit U-2002-06 for the Civic Park Master Plan at Cupertino Town Center.
The modifications consist of separating the office building G and caf6 building R (also
September 2 2003 Cupertino City Council Page 4
includes architectural changes to the caf~ building and an increase of 20 seats) located at
the southwest corner of the intersection of Rodrigues and Torre Avenues.
UNFINISHED BUSINESS
19. Naming City Facilities:
a)
Adopt a resolution confirming the policy and procedures regarding the naming of
City facilities and recognition of financial donors, Resolution No. 03-162
b)
Discuss with the City Council and the Cupertino Library Foundation the library
fundraising effort. (Discussed at the 5:00 p.m. study session)
20.
Report and recommendation regarding request from Terry Hertel pertaining to the tank
house near Blackberry Farm Golf Course.
21.
Receive a report on the Prevailing Wage Complaint Enforcement Investigation
procedure.
22.
Confirm dates of October 3Td at 1:00 p.m. for the City Manager's evaluation, and October
10~h at 1:00 p.m. for a Council team-building workshop. Both meetings will be held at the
Blackberry Farm Retreat Center. (No documentation in packet).
NEW BUSINESS
23. Tropical Reef Aquarium:
a)
Approve the concept of the installation of salt water Tropical Reef Aquarium of
approximately 2,000 gallons in the lobby of the new Cupertino Library and
accept, in principle, a donation of $250,000 from Mr. Fred Chan for the
fabrication and installation of the aquarium, and an additional contribution in the
form of a commitment for five (5) years of annual maintenance of the aquarium
facility.
b)
Authorize the City Manager to enter into an agreement with Mr. Chan, which
states the donation will be used exclusively for the aquarium, and should the
aquarium not be constructed, Mr. Chan's unused portion of the donation will be
returned
24. Discuss the fence petition between Cupertino Village and Linnet Lane in Sunnyvale.
25.
Consider Application GPA-2003-02, Chinese Chumh in Christ, 10455 Bandley Drive,
APN No. 326-33-012, authorizing a General Plan Amendment to locate a chumh in an
existing office building.
26. Report on formation of a Senior Citizens Commission.
September 2 2003 Cupertino City Council Page 6
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 Altemate
Santa Clara County Cities Association Legislative Task Fome
Santa Clara County Emergency Preparedness Commission Alternate
Santa Clara County Housing and Community Development Block Grant Program
(CDBG)
Santa Clara County Transportation Agency Policy Advisory Committee
Silicon Valley Animal Control Authority (SVACA) Board Alternate
Councilmember Richard Lowenthai:
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 Altemate
Santa Clara County Library District JPA Board of Directors
Santa Clara Valley Water Commission Alternate
Silicon Valley Animal Control Authority (SVACA) Board
CLOSED SESSION
ADJOURNMENT
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
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.
CiTY OF
CUPE INO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
AGESDAITm b
Summary
AGENDA DATE August 4, 2003
SUBJECT AND ISSUE
Consideration of a study session on the City Naming Policy as requested by the Library
Foundation.
BACKGROUND
Attached is a July 17, 2003, letter from the Cupertino Library Foundation raising concems
regarding the City's naming policy and how it impacts Foundation fundraising efforts. It further
requests that the Council schedule a joint workshop with the Library Foundation to discuss these
issues.
In order to assist the Council in addressing these concerns, staff has provided responses to the
specific items stated in the lettc% which follow in numbered order as they appear in the
Foundation's letter:
1. Staff does not agree that this establishes an adversarial relationship but, in fact, clarifies
the Council's position on naming as part of the fundraising efforts.
The new policy was intended to apply to all donations yet to be received and accepted by
the City, i.e. prospectively from the date of the adoption of the policy. Since, under this
campaign, no donations have yet been accepted by the City, this would effectively apply
to all donations. Since City Council is the final authority, it could exempt any specific
naming request. The Foundation should come forward with any specific cases where it
feels a commitment was made to a donor.
The Council's policy clearly states that City Council must take action on accepting any
donation after considering the City Manager's recommendation. This procedure should
not create any particular difficulty nor do we believe, if properly represented, will have a
negative affect on the fundraising efforts.
4. It is clear that monetary donations accepted by the City are tax deductible under Section
170 (c)(1) of the Internal Revenue Code.
5. The City may accept donations from the Foundation on behalf of anonymous donors.
Printed on Recycled Paper
The funds that are raised are being collected by the Foundation and, at some point, are to
be accepted by the City Council because the Library facility and its assets are City
property. The City will in mm make the funds available to the Library Director, who will
act as the purchasing agent for the FF&E owing to their particular expertise and
"economy of scale" buying power following the County procurement policies and
procedures. The City is not aware of any impediments, legal or otherwise, that would
limit the Foundation's ability to give funds to the City. The fundraising component has
always been viewed by the City as a component of the total project budget and, in fact,
was specifically cited as such in the Council budget deliberations of August 2001 when
the Foundation agreed to accept the responsibility for raising the additional $1.2 million.
As noted in items 1 and 4 above, we do not believe that the new policy will have a
negative impact on fundraising if, for no other reason, that the conditions and the process
for donations are now very clear.
We are certain, as with all adopted Council policies, the community may rely with
confidence on the provisions of the City Facility Naming Policy and that donors who
contribute to the library project will be received with gratitude, dignity, and respect.
It is hoped that the responses provided above satisfactorily address their concerns. In that regard,
staff does not believe that the Council would need to conduct a study session on this subject, and
would not recommend it as a necessary course of action.
Submitted by:
Public Works Department
Approved for submission
to the City Council:
David W. Knapp
City Manager
CUPERTINO LIBRARY FOUNDATION
10400 Torre Avenue
Cupertino, C~. 95014-3254
July 17, 2003
Honorable Mayor and City Council
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dem: Sirs and Modame:
The Cupertino Library Foundation held a special meeting on July 14 to evaluate the new
naming and financial donation recogultion policy which the City Council voted to approve
on July' 7 and the effects it will have on our fundraising effort to furnish the new Library.
At the unanimous direction of the Foundation, I write to share with you the serious
concerns the Foundation Board has with this new policy.
o This new policy establishes an adversarial relationship between the City Council, the
Campaign Committee and the donors and potential donors.
o If as it seems to imply, this new policy is retroactive and will apply to all donations and
all pledges for donations already exempt, the City Council should exempt all donations and
pledges received prior to the adoption of this policy which were made in good faith under
the terms of the July 20, 2002 Council vote and subsequent votes establishing policy in
· March of 2003.
o This new policy will make fundraising more difficult because the campaign committee
can no longer accept a contribution but, instead, must to tell potential donors that they and
their potential donation must be approved first by the City Manager and then by a public
vote of the City Council. The potential of being publicly rejected will have a chilling effect.
o It is not clear that the City has the ability to accept monetary donations which are tax
deductible. Tax deductibility will be a major concern to potent/al donors. Does the City
have a written declaration from the IRS which states that it can receive cash contributions
which will be tax deductible? If not, is the City taldng action to detem-dne whether such a
ruling can be obtained?
o It is not clear how a donation from a qualified donor which has been accepted by the
campaign committee but who wishes no public recognition and no publicity will be
accepted.
o The Library Foundation exists to raise funds to enhance the Cupertino Library. It has no
legal authority to give funds to the City of Cupertino. To do so may endanger its status as
a 501-C-3 organization.
o Presenting your proposed new policy as guidelines to all potential donors will have a
further chilling effect on the willingness of many to contribute and may make it impossible
for the campaign to raise the previously-planned $1.5 million.
Honorable Mayor and City Council -2-
JUly 16, 2003
o There is no assurance that this new policy will stand, since the City Council's recent
votes of 5-0 and 4-1 on which we relied in our fundraising efforts now have been
overturned with the approval of this new policy. Therefore, the policy cannot be relied on
by the campaign committee nor by donors and potential donors. Potential donors have said
that they will not contribute because to do so would allow a City Council member to
publicly "drag their name through the mud." The new policy formalizes this situation. One
Board member who has made a contribution and selected a naming opportunity stated that
they would not have made a contribution if this new policy had been in effect. As Mayor
Chang said, "The well has been poisoned." The proposed policy does nothing to alleviate
this situation.
With so many serious concerns outstanding, it could be useful to have a joint study City
Council-Library Foundation study session on th/s policy.
We look forward to hearing from you.
Sincerely, A ~
Patrick F. Rogers, President
Cupertino Library Foundation
CC: City Manager
CITY OF
CUPERTINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL - Special Meeting
CUPERTINO PLANNING COMMISSION - Regular Adjourned Meeting
August 4, 2003
CALL TO ORDER
At 5:13 p.m. Mayor Chang called the meeting to order in Conference Room C of Cupertino City
Hall, 10300 Torre Avenue.
ROLL CALL
City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council
members Patrick Kwok, Dolly Sandoval, and Richard Lowenthal.
Planning Commission members present: Marty Miller, Taghi Saadati, and Gilbert Wong.
Planning Commission members absent: Chairperson Angela Chen and Commissioner Charles
Corr.
Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community
Development Director Steve Piasecki, Senior Planner Aarti Shrivastava, and City Clerk
Kimberly Smith.
JOINT STUDY SESSION WITH PLANNING COMMISSION
Discuss a development plan for the Cupertino Financial Center located at the northeast
corner of Stevens Creek Blvd. and Wolfe Rd. The owner, Menlo Equities, wishes to build
117 podium-level condominium units and 7,000 square feet of ground-level retail uses on
the parking lot side of the site, and master plan future buildings along the Stevens Creek
Blvd. and Wolfe Rd. frontages.
Community Development Director Steve Piasecki said that, as it is currently presented,
the project will require a General Plan amendment to allow buildings to extend into the
1.5:1 slope along Stevens Creek Boulevard in the Vallco Pla~ing Area; a Heart of the
City Specific Plan exception to exceed allowed building heights from 26 feet to 39 feet;
rezoning; a use permit; and a tentative map. There is a future plan to construct two retail
buildings totaling 27,000 square feet of retail along the Wolf Road frontage and in the
plaza area at Stevens Creek Blvd. and Wolfe Rd.
August 4, 2003 Cupertino City Council Page 2
Senior Planner Aarti Shrivastava showed slides illustrating General Plan allocations for
development and below-market-rate units, as well as the General Plan height map. She
said the project will require a high retaining wall at the north side of the property, and she
explained that a mixed-use parking study is needed to determine if sufficient parking will
be available if some spaces are shared by both retail and residential uses.
Architect Jim Yee showed a series of slides illustrating the existing site, plus architectural
styles and streetscapes that are proposed for this location. He also showed a simulated
streetscape seen from a driver's viewpoint, and explained where the public and semi-
public walkways and courtyards would be located. He said that the residential units
would range from a one-bedroom loft (950-1,000 sq. ft.) to a 3-bedroom unit (1,300 sq.
ft.). At current market rates, the purchase price will be in the range of $400,000 to
$600,000.
Discussion followed regarding the benefits of a 1:1 slope ratio instead of 1.5:1, and
whether a 1:1 would be a better match with the mst of the street. Council comments
included a request for a 1:1 ratio if it provides more variety in housing styles and avoids a
General Plan amendment. Council also asked that the developer create more green
spaces and/or gathering spaces. Community Development Director Steve Piasecki said
that staff will work with the applicant to try to meet the General Plan requirements first,
but a General Plan amendment is still an option if the applicant prefers a slope ratio of
1:1.
RECESS
At 6:15 p.m. the Planning Commission adjourned and the City Council went into recess until
6:48 p.m.
PLEDGE OF ALLEGIANCE
At 6:48 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 Patrick Kwok, Dolly Sandoval and Richard Lowenthal. Council members absent: none.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development
Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information
Officer Rick Kitson, and City Clerk Kimberly Smith.
August 4, 2003 Cupertino City Council Page 3
CEREMONIAL MATTERS - PRESENTATIONS
Report from the Public Safety Commission on its 2003-2004 goals. (No documentation in
packet).
Emma Darknell, chairperson of the Public Safety Commission, discussed the
commission's goals for 2003-2004. She said that they would like to be involved in the
following projects: (1) Safe routes to schools and school traffic; (2) Red-light program;
and (3) Rural neighborhood street & sidewalk standards. She invited the public to attend
the meetings, which are held on the second Thursday of each month at 7:00 p.m. in
Conference Room A.
Presentation to the Cupertino National Little League Diamond Backs. (No documentation
in packet).
The Public Information Officer said that the proclamations were mailed since the
recipients could not be present.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS
A letter from the Building Trades Council dated August 4, 2003 regarding item number 27 was
handed out.
ORAL COMMUNICATIONS
Dennis Whittaker, 20622 Cheryl Dr., shared his concerns on some specifics of the Cupertino
Courtyard, which had been discussed at the earlier joint study session.
Joanne Tong, commented on the development plan on the comer of Stevens Creek Blvd. and
Wolfe Rd. Her comments included involving the high school in the study sessions due to growth
impacts. She requested that the Community Development Department share the comments from
the earlier joint study session at the upcoming General Plan Task Force meeting.
Shing-Shwang Yao, 21441 Elm Ct., read a letter addressed to Council members thanking them
for their attention to the Elm Ct. flooding problem. Staff recommended adding an additional
drain inlet to the end of Elm Ct. prior to the storm season. He wanted to know if the final
decision had been made and when it would be added. Public Works Director Ralph Quails
responded that the drain would be installed well ahead of flood season.
Barry Chang, 21730 Alcazar Dr., said he attended the Parks and Recreation Commission meeting
and asked about the procedure for making a decision about the Stevens Creek Trail. He asked
Council to put more emphasis on the input from Cupertino residents. Parks and Recreation
Director Therese Smith responded that the Commission plans to forward its recommendations on
August 4, 2003 Cupertino City Council Page 4
September 15 regarding the Stevens Creek Corridor Master Plan, including a trail that would
benefit a variety of trail users.
CONSENTCALENDAR
Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of item No. 10 and 15, which were pulled for discussion. Vote:
Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
4. Approve the minutes from the July 7 City Council meeting.
Adopt resolutions accepting Accounts Payable for July 4, 11, July 18, and July 25
Resolution Nos. 03-140 through 03-143.
Adopt resolutions accepting Payroll for July 18 and August 1, Resolution Nos. 03-144
and 03-145.
7. Accept the Treasurer's Budget Report - June 2003.
8. Approve applications for an Alcoholic Beverage License:
a)
b)
Coach House Wine & Liquors, 1655 S. De Anza Blvd.
Formosa Restaurant, 1655 S. De Anza Blvd.//6
Acknowledge a combined fee waiver and expenditure for the 2003 Chamber of
Commerce's Art and Wine Festival held July 19 and 29, 2003, in the amount of
$11,014.64.
11.
Accept municipal improvements (curb & gutter) for William J. Gignac and Nancy L.
Keder, 10255 Hillcrest Avenue, APN 326-16-008. (No documentation in packet).
12.
Accept city projects performed under contract for the 2002 Annual Overlay Program,
Project No. 2002-04 (Top Grade Construction). (No documentation in packet).
13.
Adopt a resolution changing the public hearing date from August 18 to September 2 for
the vacation of a 10 ft. public service easement, 11477 Lindy Place, APN 356-24-004,
Resolution No. 03-147.
14.
Report on bids and award the contract for the De Anza Boulevard Adaptive Traffic Signal
System, Project No. 420-9535.
16.
Approve a request for substitution, by XL Construction, The General Contractor on the
Cupertino Sports Center Remodel Project, of the listed electrical sub contractor,
Electrical Group, Inc. of San Francisco, to be replaced with sprig Electric of San Jose.
August 4, 2003 Cupertino City Council Page 5
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
10.
Adopt a resolution supporting the Memorandum of Consensus approved by the members
of the Watershed Protection Collaborative, Resolution No. 03-146.
Kwok thanked the Santa Clara County Water District and the city staff for their efforts on
this item.
Gary Zlotnick said that he represents the City of Cupertino along with eight others on the
board, and that Cupertino was the first to take action. He said he looked forwarding to
the continuing collaboration, and said this model is something that can be used
nationwide.
Kwok/Lowenthal moved and seconded to adopt Resolution No. 03-146. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
15.
Review bids and award the contract for the City Center Park, Project No. 2003-9313, to
the lowest responsive and responsible bidder, Robert A. Bothman, Inc., including Add
Alternate No. 2 for a total contract amount of $883,634; authorize the City Manager to
execute the contract on behalf of the City; and approve a Construction Contingency of
$50,000 for unforeseen conditions.
After a clarifying question Kwok moved to award the contract, authorize the City
Manager to execute the contract, and approve the contingency as recommended by staff.
James seconded, and the motion carried by the following vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
Mayor Chang reordered the agenda to discuss item 25 next.
ORDINANCES
25.
Conduct the second 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 R1 or Single
Family Residential to R(Res) or Planned Development with residential uses."
James/Sandoval moved and seconded to read the ordinance by title only and that the City
Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes: None. Absent: None.
James/Sandoval moved and seconded to enact Ordinance No. 1920 Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
PUBLIC HEARINGS - None
August 4, 2003 Cupertino City Council Page 6
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS
17. Naming City facilities:
a)
Adopt a resolution confirming the policy and procedures regarding the naming of
City facilities and recognition of financial donors, Resolution No. 03-148
b)
Discuss and/or consider holding a study session with the City Council and the
Cupertino Library Foundation, to discuss the effect of the adopted policy on
Council's previous action to authorize the Foundation to use a list of naming
opportunities to raise contributions
Barbara Rogers, representing the Cupertino Library Foundation, asked that the City
Council take no action until after a study session had been held with the Foundation
representatives.
Lowenthal/Sandoval moved and seconded to conduct a study session at 5:00 p.m. on
Monday, September 2, to discuss item B, and to continue the action on items 17A and B
to the Unfinished Business portion of that evening's agenda.
Mayor Chmxg reordered the agenda to discuss item 27 next.
STAFF REPORTS
27.
Receive a report on prevailing wage complaint enforcement proposal by the Building
Construction Trades Council (BCTC).
A letter dated August 4, 2003, from the Building Trades Council, was distributed to City
Council. Public Works Director Ralph Quails showed slides summarizing the prevailing
wage complaint investigation proposal by the Building and Construction Trades Council.
Neil Strothers, Executive Director of the Building Trades Council, said that there is a
need for an alternative to the current process of investigation for violations of the labor
code. He disagreed with staff that there was no need for the proposal. He asked Council
to adopt an enforcement provision for the current responsible contracting policy.
Jay James, Assistant Business Manager for the Electrician's Union and President of the
Building Trades, read the law regarding prevailing wages as pertains to the City of
Cupertino and other public agencies in the State of California.
Jim Homer, representing Local 270, said that the concern is for those workers who don't
have any representation to support and assist them in correcting any violations of state
law. He asked Council to support the Building Trades proposal of adding to the current
compliance.
August 4, 2003 Cupertino City Council Page 7
Daniel Smith, Business Manager of the Roofer's Local, spoke in favor of supporting the
Building Trades proposal. He mentioned a case in San Jose where a worker received
compensation in only a few weeks versus years because San Jose has a policy in place.
Josue Garcia, Deputy Executive for the Building Trades Council, spoke in support of the
Building Trades Proposal.
Hector Baez, speaking through interpreter Josue Garcia, said that he is a member of the
Roofer's Union. He said that he was taken advantage of and that the City of San Jose
backed him up. All the money that was stolen from him would be recovered.
Sandoval/Kwok moved and seconded to direct staff to continue filling out the
enforcement mechanism proposal in addition to the current procedure; make contact with
the Director of Industrial Relations and keep the Building Trades Council informed; and
bring the item back to Council in September as an addition to the resolution. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
City Manager David Knapp commented that any labor compliance program would have
to come at the expense of some other City program due to time and money limitations.
RECESS
Council was in recess from 7:35 to 7:50 p.m.
NEW BUSINESS
18.
Receive a status report on the Cupertino Civic Center and Library Project budget and
recommendations for additions to the project for completion.
Public Works Director Ralph Qualls reviewed the staff report.
Lowenthal/Sandoval moved and seconded to approve the addition of items 1-5 on
Attachment A to the Civic Center Library project. Council agreed to consider items 6-8
later this year. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Absent: None.
These items were added to the project:
2.
3.
4.
5.
Audio visual equipment
Library wireless hub
Signage upgrades
Community hall patios
Community hall ceiling upgrade
August 4, 2003 Cupertino City Council Page 8
19.
20.
21.
22.
23.
These items will be considered at a later time:
6. Community hall FF/E,
7. Stone paving upgrade
8. Memorial Redwood Grove improvements.
Conduct a hearing to approve assessment of fees for the annual weed and brush
abatement program (private parcels), Resolution No. 03-149.
There were no individuals who wished to speak and the hearing was closed.
Kwok/Lowenthal moved and seconded to adopt Resolution No. 03-149. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
Report and recommendation regarding request from Terry Hertel pertaining to the tank
house near Blackberry Farm Golf Course.
Director of Community Developmem Steve Piasecki reviewed the staff report.
Richard Whicker of the Byme Avenue Homeowners Association, 10025 Byrne Avenue,
gave a history of the tank house, showed pictures of the structure and its decay, and asked
to have the tank house relocated to a more suitable site if it has historical value or to
dismantle it if not.
The City Council concurred to direct staff to further research the subject and report back
on September 2, 2003.
Select study session date regarding the goals and evaluation of the City Manager. (No
documentation in packet).
City Council concurred to set tentative dates of October 3rd at 1:00 p.m. for the City
Manager evaluation and October 10th at 1:00 p.m. for a Council team-building workshop.
Designate a voting delegate for the 2003 League of California Cities Annual Conference
in Sacramento on September 10.
City Council concurred to appoint Patrick Kwok as the voting delegate and Richard
Lowenthal as the alternate.
Formally appoint Richard Lowenthal as an official board member of the Silicon Valley
Animal Control Authority (SVACA) and appoint an alternate.
James/Sandoval moved and seconded to appoint Richard Lowenthal as the board
members and Dolly Sandoval as the alternate to SVACA. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None. Absent: None.
August 4, 2003 Cupertino City Council Page 9
24. Consider canceling the meeting of August 18. (No documentation in packet).
Council concurred to cancel the meeting of August 18 for lack of business. Kwok asked
that the agenda of September 2 include discussion of a Senior Commission.
STAFF REPORTS (continued)
26.
Receive a status report on General Fund Revenue and Expenditures. (No documentation
in packet).
Administrative Services Director Carol Atwood reported that:
· The City's revenue fell short of budget by around $662,000 primarily in the area
of sales tax and utility user tax
· The City is even in revenue versus expenditures, which means the contingency
fund for economic uncertainty won't be touched
· The auditors are scheduled to come in September and additional numbers will be
brought back after that
· The City was expecting a $2 million hit from the state budget cuts, which turned
out to be only about $822,000 due to a cut in public safety grants and the vehicle
license fees. That money will come out of the economic uncertainty fund
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
including the different events that occurred during the visit of the Sister City delegation; the
$20,000 gift from the Sister City delegation to purchase trees for the Civic Center Library
Project; the success of the first meeting of the General Plan Task Force; the Bay Area Air Quality
Management District; Cupertino Appreciation Day at the San Jose Giants; a measure on the
March 2004 ballot to create a Community Facilities District; and an Audit Committee meeting.
CLOSED SESSION
28.
Labor negotiations - Government Code Section 54957.6. The purpose of the closed
session is to consult with City management representatives Carol Atwood and Ralph
Quails concerning labor negotiations with Operating Engineer's Local No. 3.
At 9:50 p.m. Council recessed to a closed session. At 10:13 p.m. Council reconvened in
open session, and the City Attorney announced that the City Council took no action but
gave direction to the negotiators regarding further meetings with OE3 representatives.
August 4, 2003 Cupertino City Council Page 10
ADJOURNMENT
At 10:14 p.m. thc City Council meeting was adjourncd.
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.
DRAFT
RESOLUTION NO. 150
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
AUGUST 01, 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 1T RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
07/31/03
ACCOUNTING PERIOD: 1/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "07/28/2003- and "08/01/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 602807 08/01/03 1350 A & R BOOTH RENTAL 1106342
1020 602808 08/01/03 859 A CATERED AFFAIR 1103300
1020 602809 08/01/03 7 ABAG PI~ CORPORATION 1104540
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
1020 602810 08/01/03 1884
TOTAL CHECK
ALBERTSONS-NORT~ERN DIVI 5806349
ALBERTSONS-NORT~ERNDIVI 1106342
A~ERTSONS-NORTHERE DIVI 5806349
ALBERTSONS-NORTA~EP-N DIVI 5806349
~J~BERTSONS-NORTHERE DIVI 5806349
ALBERTSONS-NORT~EP, N DIVI 5806349
ALBERTSONS-NORT~REDIVI 5806349
ALBERTSONS-NORTHERN DIVI 5806349
ALBERTSONS-NORT~ERE DIVI 5806449
AJ~BERTSONS-NORTRERE DIVI 5806249
A-LBERTSONS-NORTHEREDIVI 5806349
ALBERTSONS-NORT~EHEDIVI 5806349
ALBERTSONS-NORT~EREDIVI 5806349
A~ERTSONS-NORT~REDIVI 5806349
ALBERTSONS-NORTA~RE DIVI 1106342
ALBERTSONS-NORTHERN DIVI 1106342
1020 602811 08/01/03 2276
5806449
1020 602812 08/01/03 1452 ~2~ERICAN PLA~ING ASSOCI 1107301
1020
602813 08/01/03 1452 AMERICAN PI~ING ASSOCI 1107200
1020 602814 08/01/03 1343 ROSE-MARIE ANDIHEOU 1106342
1020 602815 08/01/03 M BALLOW, SVETLANA 580
1020 602816 08/01/03 968 BAP AUTO PARTS 6308840
1020 602816 08/01/03 968 BAP AUTO PARTS 6308840
TOTAL CHECK
1020
602817 08/01/03 2036 BAY AR~EA AIR QUALITY MGM 1108005
1020 602818 08/01/03 M2004 BIANCXI, I~O J. 110
1020
602819 08/01/03 2895 BROWING-FERRIS INDUSTRIE 5208003
1020 602820 08/01/03 1066 BROWNING-FERRIS INDUSTHI 5208003
602821 08/01/03 M Blue, Mary 550
1020 602822 08/01/03 2232 C~IAGA, LOURDES 110
1020 602822 08/01/03 2232 CARIAGA, LOURDES 110
r0TAL CHECK
..... DESCRIPTION
DINNER 7/18
GL054726/SUTTON LF~E
SI/PPLIES 22999
SUPPLIES 22916
SUPPLIES 22904
SUPPLIES 22914
SUPPLIES 22553
SUPPLIES 17296
SIIPPLIES 17260
SUPPLIES 22568
SUPPLIES 22568
SUPPLIES 22554
SUPPLIES 22902
SUPPLIES 22520
SUPPLIES 22566
SUPPLIES 22521
SUPPLIES 22567
SUPPLIES 22901
EMPLOHEE DRINKING WTR
DUES P.GILLI 132921
8716 S.PIASECKI
COUNTRy FAIR CLOWN
Refund: Check - SUNniER
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PUEC
SALES TAX
0.00
0.00
AMOUNT
439.93
2270.54
0.00 583.74
0.00 42.21
0.00 23.36
0.00 18.54
0.00 44.21
0.00 8.61
0.00 85.16
0.00 208.81
0.00 25.83
0.D0 23.86
0.00 3.69
0.00 12.96
0.00 49.35
0.00 45.63
0.00 35.92
0.00 48.60
0.00 21.92
0.00 698.66
0.00 162.20
0.00 86.25
0.00 20.00
0.00 160.00
0.00 437,50
0.00 131.85
0.00 19.49
0.00 151.34
PERMIT RNWL 0.00 72.00
REFD GEOLOGIC DPST 0.00 764.25
LA,FILL JUNE2003 0.00 124744.56
RON DATE 07/31/03 TIME 08:56:47
FINANCIAL ACCOUNTING
07/31/03 CITY OF CL~ERTINO
ACCOUNTING PERIOD: 1/04 C~CK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "07/28/2003,, and "08/01/2003,,
1020 602823 08/01/03 147 C~H 5506549
1020 602823 08/01/03 147 CASH 1106529
1020 602823 08/01/03 147 CASH 5506549
1020 602823 08/01/03 147 C~H 5506549
1020 602823 08/01/03 147 CASH 5506549
TOTAL CHECK
1020 602824 08/01/03 148 CASH 1108201
1020 602824 08/01/03 148 CASH 1108201
1020 602824 08/01/03 148 CASH 6308840
1020 602824 08/01/03 148 C~H 6308840
TOTAL CHECK
1020 602825 08/01/03 149 CASH 1107405
1020 602825 08/01/03 149 CASH 1107301
1020 602825 08/01/03 149 C~H 4239222
1020 602825 08/01/03 149 C~H 1104001
1020 602825 08/01/03 149 C~H 1103500
1020 602825 08/01/03 149 CASH 1104000
1020 602825 08/01/03 149 CASH 1100000
1020 602825 08/01/03 149 CASH 1104400
1020 602825 08/01/03 149 C~H 1104000
TOTAL C~ECK
1020 602826 08/01/03 1057
1020 602826 08/01/03 1057
TOTAL C}[ECK
CERIDIAN BENEFITS SERVIC 110
CERIDIA~ BENEFITS SERVIC 110
1020 602827 08/01/03 1156 C~ 110
1020 602828 08/01/03 M CHA, SANG}L~K 580
1020 602829 08/01/03 M C~PMAN, C~ERI 580
1020 602830 08/01/03 M2004 CHEN, ROBERT C. V. 110
1020 602831 00/01/03 1432 CHILDREN'S DISCOVERY~K3S 5806349
1020 602832 08/01/08 M2004 CHOW, MICHAEL 110
1020 602833 08/01/03 2270 CHRISP 2709438
1020 602834 08/01/03 1453 CHRISTOPHERS C3~RPET SERV 1108501
1020 602834 08/01/03 1453 C~RISTOP~q~RS C~PET SKRV 1108505
TOTAL C~CK
1020 602B35 08/01/03 173
1020 602836 08/01/03 175
1020 602836 08/01/03 175
COCA-COLA BOTTLING OF CA 5606620
COCA-COLA USA 5606620
COCA-COLA USA 5606620
..... DESCRIPTION ...... SALES TAX
PAGE 2
AMOUNT
PETT"f CASH 7/15-7/28 0.00 55.27
PETTY CA.gH 7/15-7/28 0.00 8,12
PETTY CASH 7/15-7/28 0.00 85.78
PETTY CASH 7/15-7/28 0.00 58.70
PETTY C~H 7/15-7/28 0.00 4.92
0.00 212.79
PE~Y CASH 7/23-7/28 0.00 10.81
PETTY CASH 7/29-7/28 0.00 5.00
PETTy CASH 7/23-7/26 0.00 40.43
PETTY C~H 7/23-7/28 0.00 5.49
0.00 61.73
PETTY CASH 7/21-7/29 0.00 40.68
PETTY CASH 7/21-7/29 0.00 30.43
PETTY CASH 7/21-7/29 0.00 9.99
PETTY CASH 7/21-7/29 0.00 14.74
PET~C~H 7/21-7/29 0.00 14.06
PETTY C~H 7/21-7/29 0.00 10.61
PETTY CASH 7/21-7/29 0.OO 9.00
PETTY C. ASH 7/21-7/29 0.00 43.43
PET~ CASH 7/21-7/29 0.00 13.93
0.00 186.87
*FLEX HLTH/240125 0.00 522.42
*FLEX DEP/240125 0.00 349.94
0.00 872.36
CHA 0.00 129.85
Ref%nnd: Check - SLUR 0.00 60.00
Refund: Check - REFUND 0.00 100,00
REFD ARCHITECT DPST 0.00 325.63
ADMISSION 17264 0,00 370,00
REFD ARCH/PLAN DPST 0.00 116.17
SERVICE AGREEMENT FOR 0.00 24174.00
CA~PET REPAIRS 0.00 120.00
CARPET REPAIRS 0.00 120.00
0.00 240.00
FY 2003-2004 OPEN PURC O.00 750.00
FOUNTAIN SERVICE 0.00 21.65
FOUNTAIN SERVICE 0.00 21.65
RL~N DATE 07/31/03 TINE 08:56:47
FINANCIAL ACCOUNTING
07/31/03 CITY OF CUPERTINO
PAGE 3
ACCOUNTING PERIOD: 1/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.~rans_date between "07/28/2003,. and "08/01/2003.,
CASH ACCT CHECK NO ISSUE DT .............. VE%/DOR ............. FUND/DEPT
1020 602836 08/01/03 175 COCA-COLA USA 5606620
1020 602836 08/01/03 175 COCA-C0I~ USA 5606620
1020 602836 08/01/03 175 COCA-COLA USA 5606620
1020 602836 08/01/03 175 COCA-COLA USA 5606620
TOT;kL CHECK
1020 602837 08/01/03 ~2004 COLLOTON, JAY 1100000
1020
602838 08/01/03 178 COLONIAL LIFE & ACCIDENT 110
1020 602839 08/01/03 2758 CO~9~ERCIAL MILL
1108501
1020 602840 08/01/03 2857 CONCUR INC
2159620
1020 602841 08/01/03 2704 BRIAN COR/)IEL
5606620
1020 602842 08/01/03 1293 COSMO JUY4P
5606620
1020 602843 08/01/03 183
1020 602843 08/01/03 183
1020 602843 08/01/03 183
1020 602843 08/01/03 183
TOT;LL CH~CK
COTTON SHIRES & ASSO INC 110
COTTON SHIP. ES & D.qSO INC 110
COTTON SHIP. S & ~SO INC 2109612
COTTON SHIRES & ASSO INC 2109612
1020 602844 08/01/03 197 CTC FT~qDING, LLC 1101500
1020 602845 08/01/03 192 CUPERTINO MEDICA. L C~ER 1104510
1020 602846 08/01/03 M2004 CUPERTINO NATU~FOODS 110
1020
602847 08/01/03 1306 CUPERTINO SANIT~.Ry DISTR 4239222
1020 602848 08/01/03 198
1020 602848 08/01/03 198
TOTAL C~ECK
C~UPERTINO UNION SCHL DIS 5806449
CUPERTINO UNION SC~L DIS 2308004
1020
602849 08/01/03 2922 DAVE'S AUTO & FABRICATIO 6308840
1020 602890 08/01/03 209
1020 602850 08/01/03 209
TOT;kL CHECK
DE A NZA SERVICES INC 1108507
DE ANZA SERVICES INC 1108505
1020 602851 08/01/03 1242
1020 602851 08/01/03 1242
TOTAL CHECK
DIGITAL PRINT IMPRSSSION 1101000
DIGITAL PRINT IMPRESSION 1107503
1020 602852 08/01/03 242 EMPLOYMENT DEUEL DEPT 110
1020 602853 08/01/03 243 EMPLOYP~T DEVELOPMENT 110
602854 08/01/03 248 ERIK'S DELI C-~FE
4239222
..... DESCRIPTION ......
FOUNTAIN SERVICE
FOUNTAIN SERVICE
FOLrHTAIN SERVICE
FOUNTAIN SERVICE
LOST PAYROLL CHECK
#E7013899
SUPPLIES 15825
SERVIC~ AGP~EMENT FOR
SERVICE AGREEMENT FOR
JL~MPER P~ENT~LL 8/09
GEOLOGIC HVW H21651
EARTHQUAKE REVIEW
MC~IR (C302) 16965
WINTERI~TION
OFFICE RENT AT 10320 S
EBT SCREEN/FERGUSON
REFD TEMP SIGN PERMIT
PERMIT PIZZA FODA~TAIN
FY 2003-2004 OPEN pLrRC
MCCLELLAN Pa%NUE PARK
B.CA/{DS/LOWENT~ DBL
BC/BRAGER,STASSER,YEE
SDI/776-5260-0
LUNCH
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.O0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
8.00
0.00
~OUNT
21.65
21.65
21.68
27.06
135.31
328.27
522.66
87.60
19173.00
94.50
175.00
581.75
1678.00
870.00
633.75
3763.50
4842.00
20.00
100.00
184.00
192.33
114.38
306.71
4084.03
265.00
175.00
440.00
252.06
251.40
503.46
21238.67
944.09
51.20
RUN DATE 07/31/03 TIME 08:56:48
- FINANCIAL ACCOLrNTiNG
07/31/03 CITY OF CUPERTINO PAGE 4
ACCOUNTING PERIOD: 1/04 CR~CK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.tran$_date between "07/28/2003. and "08/01/2003.
CASH ACCT CRECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 602855 08/01/03 260
1020 602855 08/01/03 260
1020 602855 08/01/03 260
1020 602855 08/01/03 260
1020 602855 08/01/03 260
1020 602855 08/01/03 260
TOTAL CHECK
1020 602856 08/01/03 2361
1020 602857 08/01/03 2361
1020 602858 08/01/03 2361
1020 602868 08/01/03 2361
TOTAL CKECK
1020 602859 08/01/03 2361
1020 602859 08/01/03 2361
1020 602859 08/01/03 2361
TOTAL C~ECK
1020 602860 08/01/03 2361
1020 602860 08/01/03 2361
1020 602860 08/01/03 2361
1020 602860 08/01/03 2361
1020 602860 08/01/03 2361
TOTAL CHECK
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
1020 602861 08/01/03 2361
TOTAL CHECK
1020 602862 08/01/03 2361
1020 602862 08/01/03 2361
TOTAL CHECK
1020 602863 08/01/03 2361
1020 602863 08/01/03 2361
1020 602863 08/01/03 2361
1020 602863 08/01/03 2361
TOTAL CHECK
1020 602864 08/01/03 2361
1020 602864 08/01/03 2361
FEDERAL EXPRESS CORP 6104800
FEDERAL EXPRESS C0RP 1108601
FEDERAL EXPRESS CORP 110
FEDERAL EXPRESS CORP 1107501
FEDERAL EXPRESS CORP 1103300
FEDERAL EXPRESS CORP 6104800
FIRST BANKCARD 5708510
FIRST BANKCARD 1101000
FIRST BANKCARD 1101000
FIRST BANKCARD 1104300
FIRST BANKCARD 1108503
FIRST BANKCARD 1108501
FIRST BANKCARD 1108507
FIRST BANKCARD 1106500
FIRST EANKCARD 5506949
FIRST BANKCARD 5506549
FIRST BANKCARD 5506549
FIRST BANECARD 5506549
FIESTBA/qKCARD 5806349
FIRST BANKCARD 1106343
FIRST BANKCARD 1106647
FIRST BANKCARD 5806449
FIRST BANKCARD 1106248
FIRST BANKCARD 1106342
FIRST BA~KCARD 1108501
FIRST BA~KCAR/3 1108504
FIRST BANKCARD 5606620
FIRST BANKCAP~D 5606640
FIRST BA]~KCARD 1106647
FIRST BA~KCARD 5806649
FIRST BANKCARD 1101000
FIRST BANKCARD 1103300
..... DESCRIPTION ...... SALES TAX
AMOUNT
COURIER EERVICE 0.00 18.54
COURIER SERVICE 0.00 14.42
COLTRIER SERVICE 0.00 12.28
COURIER SERVICE 0.00 60.67
COURIER SERVICE 0.00 7.17
COURIER EERVICE 0.00 27.13
0.00 140.21
JULY 2003 STATEMENT
JI/LY 2003 STATEMENT
JI/LY 2003 STATEMENT
~]LY2003 STATEMENT
JULY2003 STATEMENT
JI/LY2003 STATEMEIqT
017LY2003 STATEMENT
JULY2003 STATEMENT
JULY2003 STATEMENT
JTrLY2003 STATEMENT
JULY2003 STATEMENT
J~LY2003 STATEMENT
JULy 2003 STAT~MEMET
JULy 2003 STATEMENT
JOLY2003 STATEMENT
JOLY2003 STATEMENT
JTJLY2003 STATEMENT
JULY2003 STATEMENT
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.O0
0.00
0.00
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
32.45
9.62
64.83
102.87
167.70
104.24
-148.14
159.00
115.10
124.00
881.45
19.95
47.80
-79.99
993.21
225.50
123.82
33,20
1595.27
518.86
103.25
13.03
121.29
2734.22
187.63
24.44
212.07
300.00
192.54
730.84
1534.87
RLTNDATE 07/31/03 TIME 08:56:48
- FINANCIAL ACCOUNTING
07/31/03 CITY 0F CUPERTINO PAGE 5
ACCOUNTING PERIOD: 1/04 CHECK REGISTER - DISBURSEMENT FUND
SELEC~fION C%RITERIA: transact.trans_date between "07/28/2003,, and ',08/01/2003,,
CASH ACCT C~CK NO ISSDE DT .............. VENDOR ............. FL~/DEPT
1020 602864 08/01/03 2361 FIRST B~/~KCARD 1101201
1020 602864 08/01/03 2361 FIRST BANKCARD 1103500
1020 602864 08/01/03 2361 FIRST B;tNqfCJ~RD 1103500
TOT~tL CHECK
1020 602865 08/01/03 2361 FIRST B~/~KC~ 1108507
1020 602865 08/01/03 2361 FIRST B~KC3~RD 1108501
1020 602865 08/01/03 2361 FIRST BANKCA~ 1108503
1020 602865 08/01/03 2361 FIRST BANEC-~ 5708510
TOTAL CHECK
1020 602866 08/01/03 262 FIRST P~CE INC 1104300
1020 602867 08/01/03 274 FRY'S ELECTRONICS 1108312
1020 602868 08/01/03 2476 GARDEN EQUIP~N~ CLINIC 5606620
1020 602869 08/01/03 281 GARDEAU~ 1108408
1020 602869 08/01/03 281 G~i~ 1108406
1020 602869 08/01/03 281 GAP. DENI~ 1108314
TOTAL CHECK
1020 602870 08/01/03 282 G~OD FA~S/STABLES 5806449
1020 602871 08/01/03 M GOLDMAN, DIANA 580
1020 602872 08/01/03 292 GOLPI~ USA 5806349
1020 602873 08/01/03 298 GRAINGER INC 1108507
1020 602873 08/01/03 298 GR~INGER INC 1108501
1020 602873 08/01/03 298 GRAINGER INC 2708405
1020 602873 08/01/03 298 GRAINGER INC 2708405
1020 602873 08/01/03 298 GR~INGER INC 1108303
1020 602873 08/01/03 298 GRAINGER INC 1108314
1020 602873 08/01/03 298 GRAINGER INC 1108303
TOTAL CHECK
1020 602874 08/01/03 2280 GAIL GRIFFIN
1106500
1020 602875 08/01/03 M2004 GUPTA, ~ 110
1020 602876 08/01/03 M Greene, Suzanne 550
1020 602877 08/01/03 3001 FAppy HALLOW PARK & ZOO 5806349
1020 602878 08/01/03 325 DANIEL ~EDDEN 1106500
1020 602879 08/01/03 1614 HEIDE'S ~AY SALES 1106342
1020 602860 08/01/03 M2004 NDLIOS P~STAL~ 1103300
..... DESCRIPTION ......
PI~QI/E 17130
SUPPLIES 15835
SUPPLIES
PARTS/SUPPLIES 15833
PARTS/SLrPPLIHS 15818
PARTS/SUPPLIES 15834
SERVICE A~REEMENT FOR
Ref%nnd: Check - SUeR
GOLF 7/24 17295
~"f 2003-2004 OPEN P~/RC
FY 2003-2004 OPEN PURC
PARTS/SUPPLIES 15832
PARTS/SUPPLIES 15832
PARTS/SUPPLIES
PARTS/SUPPLIES
PARTS/SUPPLIES
SUPPLIES HEALTRFAIR
REPD GEOLOGIC/NOTICE
Refund: Check - Cookin
ADM 7/23 17266
SERVICE AGREEF~N~ FOR
COUN/~y FAIR }{AY
MAYOR DIN1FER
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
AMOT3~
286.14
96.49
460.24
913.87
34.19
6.46
91.94
371.16
503.75
46.33
722.33
5.03
537.82
486.04
485.50
1509.36
3120.00
349.00
156.00
21.50
43.57
7.56
106.66
188.6S
173.27
336.39
877.60
75.00
460.72
44.00
391.50
175.00
221.91
766.34
DATE 07/31/03 TI~ 08:56:48
FINANCIAL ACCOUA~ING
07/31/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 1/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.tranE_date between "07/28/2003" ~hnd "08/01/2003"
CASH ACCT CHECK NO
1020 602881 08/01/03 2612
1020 602882 08/01/03 1951
1020 602882 08/01/03 1951
1020 602882 08/01/03 1951
TOTAL CHECK
1020 602883 08/01/03 1898
1020 602884 08/01/03 2027
1020 602884 08/01/03 2027
TOTAL CqqECK
1020 602885 08/01/03 343
1020 602886 08/01/03 M
1020 602887 08/01/03 M2004
1020 602888 08/01/03 M
1020 602889 08/01/03 M
1020 602890 08/01/03 372
1020 602891 08/01/03 2367
1020 602892 08/01/03 377
1020 602893 08/01/08 282
1020 602894 08/01/03 2323
1020 602895 08/01/03 1396
1020 602896 08/01/03 M2004
1020 602897 08/01/03 1599
1020 602898 08/01/03 986
1020 602899 08/01/09 M
1020 602900 08/01/03 2993
1020 602901 08/01/03 1868
1020 602902 08/01/03 M2004
1020 602903 08/01/03 2567
ISSUE DT .............. VENDOR ............. FUND/DEPT
RONALD HOGDE 5506549
HOMESTEAD P.F.C. INC 5806449
HOMESTEAD F.F.C. INC 1106342
HOMESTEAD F.F.C. INC 5806349
AUTOMATIC RAIN CO. 1108314
MARS~ H0V~Y 1104400
MARSRA HOVEy 1104400
..... DESCRIPTION
SERVICE AGREEMENT FOR
YOU~ BOWLING INSTRUC
LEADERS/BOWL 22997
CRAZY SPORTS 17276
FY 2003-2004 OPEN PURC
SUPPLIES
SALES
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
PAGE 6
AMOUNT
300.00
800.00
30.00
192.00
1022.00
1097.36
125.96
79.73
205.69
6339.41
220.00
780.00
24.00
150.00
41.89
146.05
1885.00
422.18
570.62
2000.00
200.00
933.00
66.91
60.00
5272.97
1461.38
2454.98
223.00
RUN DATE 07/31/03 TIME 08:56:48
07/31/03 CiTY OF CUPERTINO pAGE 7
ACCOUNTING PERIOD: 1/04 CHECK ~GISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "07/28/2003', and "08/01/2603"
C~H ACCT C~CK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 602904 08/01/03 1023 M3%SSOUD MODJTENEDI 4239222
1020 602905 08/01/03 2726 ** MOSE & B~/'f 1101031
1020 602906 08/01/03 471 MYERS TIRE SUPPLY COMPAN 6308840
1020 602907 08/01/03 302 NATIONAL DEFERRED COMPEN 110
1020 602908 08/01/03 484 NEW PIG CORP 1108005
1020 602908 08/01/03 484 NEW PIG CORP 1108005
TOTAL CHECK
1020 602909 08/01/03 485 NEWSMAN T~FIC EIGNS 2708405
1020 602910 08/01/03 2831 NOBUE KAITE 1103300
1020 602911 08/01/03 496 O'GP~DY PAVING INC 2709435
1020 602911 08/01/03 496 O'GP~!kDY PAVING /NC 2709435
TOTAL C/4ECK
1020 602912 08/01/03 499 DEBBIE O'NEIL~ 1106342
1020 602913 08/01/03 493 OFFICE DEPOT 1107301
1020 662913 08/01/03 493 OFFICE DEPOT 1104400
1020 602913 08/01/03 493 OFFICE DEPOT 5806249
1020 602913 08/01/03 493 OFFICE DEPOT 1107504
1020 602913 08/01/03 493 OFFICE DEPOT 1108601
TOTAL C~ECK
1020
602914 08/01/03 494 OFFICE DEPOT C~DIT PI~ 1101500
1020 602915 08/01/03 501 OPERATING ENGINEERS #3 110
1020 662916 08/01/03 833 P E R S 110
1020 602916 08/01/03 833 P E R E 110
1020 602916 08/01/03 833 P E R S 110
1020 602916 08/01/03 833 P E R S 110
1020 662916 08/61/03 833 P E R S 110
1020 602916 08/01/03 833 P E R S 110
TOTAL CHECK
1020 602917 08/01/03 633 P E R S 110
1020 602918 08/01/03 2444 PACIFIC GAS & ELECTRIC 1108101
1020 ~02918 08/01/03 2444 PACIFIC C~ & ELECTRIC 1108830
TOTAL CHECK
1020 602919 08/01/03 M PAO, ELAINE 580
1020 602920 08/01/03 533 PERS LONG TERM C3~RE PROG 110
..... DESCRIPTION ...... SALES TAX
PLANCK LIBRARY/C.}L~.LL 0.00
FP~CHISE REVEWAL 0.00
SUPPLIES 15806 0.00
*NAT'L DEF 0.00
SUPPLIES 15815 0.00
SUPPLIES 15815 0.00
0.00
FY 2003-2004 OPEN PURC
INTERPRETE 7/17-18
SERVICE AGREENENT FOR
P.O. 53587 REPAIRS
CO[~RY FAIR CLOWN
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
PERS SPEC
*PERS BYBK
PERS EMPLY
PERS BUYBK
*PERS BYBK
PERS 1959
PERS EMPLY
6/24-7/23 RICOCHET
6/24-7/23
Refund: Check - SUeR
PERS LTC/2405
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
AMOUNT
21391.18
725.00
86.79
24351.47
182.65
40,44
231.09
795.00
1300.00
4000.00
1B00.0O
5800.00
160.00
345.10
1159.29
6.16
1.00
75.44
1586.99
34.65
601.02
159.27
462.65
26290.07
37.52
180.14
119.04
27248.69
216.60
234.45
21993.00
22227.45
30.00
215.09
RUN DATE 07/31/03 TINE 08:56:48
07/31/03 CITY OF CUPERTINO PAGE 8
ACCOUNTING PERIOD: 1/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "07/28/2003" and "08/01/2003"
CASH ACCT CHECK NO
1020 602921 08/01/03 2696
1020 602922 08/01/03 546
1020 602923 08/01/03 3025
1020 602924 08/01/03 2471
1020 602925 08/01/03 2529
1020 602926 08/01/03 2661
1020 602927 08/01/03 2894
1020 602928 08/01/03 509
1020 602929 08/01/03 602
1020 602930 08/01/05 1417
1020 602931 08/01/03 M
1020 602932 08/01/03 630
1020 602933 08/01/03 258
1020 602934 08/01/03 1636
1020 602935 08/01/03 633
1020 602936 08/01/03 639
1020 602936 08/01/03 639
1020 602936 08/01/03 639
1020 602936 08/01/03 639
1020 602936 08/01/03 639
1020 602936 08/01/03 639
TOTAL CHECK
1020 602937 08/01/03 2875
1020 602938 08/01/03 M2004
1020 602939 08/01/03 644
1020 602939 08/01/03 644
1020 602939 08/01/03 644
TOTAL C~ECK
1020 602940 08/01/03 2303
1020 602941 08/01/03 M2004
ISSUE DT .............. VENDOR ............. FUND/DEPT
PE~R HAWORTH D.B.A.MOLL 1101201
PITIFEy BOWES INC 1104310
POTOMAC ASSOCIATION 5506549
PREMIER INDUSTRIAL 6308840
PREMIER WORLD TOURS 5506549
PROFESSIONAL TURF MGS~T, 5606640
TUB SEWING WORKS 5706450
SILICON VALLEY/SAN JOSE 1107200
..... DESCRIPTION ......
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
FLEET WEEK 10/12/03
SROP SUPPLIES 15826
AUSTRALIA 9/15-10/09
PUBLIC WORKS CONTRACT
SERVICE AGREEMENT FOR
SUPPLIES 17458
BENECIA/MARTINEZ
SERVICE AGREEMENT FOR
Refund: Check - SUeR
APRIL,MAY, JUNE 2003
V ORTEGA 563312780
FINGERPRINTS Jq3NE2003
DIRECT TR3~FIC 7/21
1-5060106 5/08-8/08
1-5060106 5/08-8/08
1-5060106 5/08-8/08
1-5060106 5/08-8/08
1-5060106 5/08-B/08
1-5060106 5/08-8/08
4-1690494000 TO 8/15
SIGN EXCEPTION FEE
STAFF SHIRTS AND SWEAR
STAFF SRIRTS AND SWEAR
FJ%LEIDOSCOPE T-SEIRTS
STAFF FLEECE PULLOVERS
2~RS ACCT836571
SALES TAX AMOUNT
0.00 1000.00
0.00 257.64
0.00 8000.00
0.00 325.84
0.00 114945.00
O.00 14947.92
0.00 90.00
0.00 50.16
0.00 727.44
O.00 50.00
0.00 400.00
0.00 8392.31
O.00 588.00
0.00 168.00
0.00 324.82
0.00 1446.38
0.00 361.59
0.00 1615.00
0.00 378.47
0.00 2169.56
0.00 301.33
0.00 6272.33
0.00 1057.60
0.00 400.00
0.00 530.43
0.00 350.73
0.00 389.70
0.00 1270.86
0.00 1932.26
0.00 139.95
RLTN DATE 07/31/03 TIME 08:56:49
- FINANCIAL ACCOUNTING
07/31/03 CITY 0P CUPERTINO PAGE 9
ACCOUNTING PERIOD: 1/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.tran$_date between "07/28/2003" and "08/01/2003"
CASH ACCT C~IECK NO
1020 602942
1020 602943
1020 602944
1020 602945
1020 602946
1020 602947
1020 602948
1020 602940
1020 602948
1020 602948
1020 602948
1020 602948
1020 602948
1020 602948
1020 602948
1020 602948
1020 602948
TOTAL C~IECK
1020 602949
1020 602950
1020 602951
1020 6029~1
TOTAL CHECK
1020 602952
1020 602953
1020 602954
1020 602955
1020 602956
1020 602957
1020 602958
1020 602959
1020 602960
ISSUE DT .............. VENDOR ............. FUND/DEPT
08/01/03 659 SK~WKS SPORTS ACADEMY 5806449
08/01/03 677 STATE STREET BANK & TEUS 110
08/01/03 951 SI/r~4ERWINDS GARDEN CNTR, 1108303
08/01/03 1825 SUPERIOR FRICTION 6308840
08/01/03 2045 SVCN 1104300
08/01/09 695
06/01/03 695
08/01/03 695
08/01/03 695
08/01/03 695
08/01/03 695
08/01/03 695
08/01/03 695
08/01/03 695
08/01/03 695
98/01/03 695
SYSCO POOD SERVICES OF $ 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO POOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
08/01/03 M Stevens, James 550
08/01/03 700 T~/{GET SPECIALTY PRODUCT 1108315
08/01/09 701 TARGET STORES 1106342
08/01/03 701 TARGET STORES 5706450
08/01/03 362
08/01/03 1794
08/01/09 1784
00/01/03 M
08/01/03 1993
JOHN THOMPSON 5606640
TMT-PATHWAY LLC 6308840
TOP GRADE CONS~iRUCTION 2709450
TOSTADO, TEERESA 580
TRF~URER OF 7tLAMEDA COU 110
TREE MO%/ERS 1108312
U S INTERACTIVE CORP. 1100000
UNITED RENTALS 1106200
UNITED WAY OF SANTA CLAR 110
..... DESCRIPTION ......
SERVICE AGREEMENT FOR
Refund: Check - SLUR
*PERS DEF
LANDSCAPE SPLY 15836
BR~ PARTS 15838
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN pURC
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
BINGO
SENIOR SOCIALS
SENIOR SOCIALS
COFFEE
SENIOR SOCIALS
BINGO
COFFEE
Refund: Check - Asain
FY 2003-2004 OPEN PUNC
SUPPLIES 22929
SUPPLIES
EMERGENCY TREE WORK
SUPPLIES
PUBLIC WORKS CONTRACT
Refund: Check - SUeR
A LOPEZ JR 566396126
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
AMOUNT
32052.00
60.00
3635.63
90.80
365.34
95.00
304.65
1756.03
2283.43
44.35
260.40
555.95
52.68
165.80
268.64
73.20
78.77
5844.10
24.00
15106.08
18.92
13.93
32.25
1600.00
281.43
416688.58
60.00
253.84
1200.00
432.42
116.48
122.10
RLTNDATE 07/31/03 TIME 09:56:49
- FINANCIAL ACCOUNTING
97/31/03 CITY OF CUPERTINO PAGE 10
ACCOUNTING PERIOD: 1/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "07/28/2003" and "08/01/2003"
C. ASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 602961 08/01/03 746 VIKING OFFICE PRODUCTS 5506549
1020 602962 08/01/03 750 VISION SERVICE PLAN (CA) 110
1020 602963 08/01/03 745 VMI INC 4209546
1020 602964 08/01/03 M Vilen, June 550
1020 602965 08/01/03 M WANG, TAO 560
1020 602966 08/01/03 18 WASTE ORGANIZATION ADONA 1108005
1020 602967 08/01/03 761 WEDEMEYER BAKERY 9606620
1020 602967 08/01/03 761 WEDE~YER BAKERY 5606620
TOTAL CHECK
1020 602968 08/01/03 774 WESTERN RIGUEAY PRODUCTS 2708405
1020 602969 08/01/03 2969 WIC: WONDER ICE CREAM DI 5606620
1020 602969 08/01/03 2969 WIC: WO/~DER ICE CREAM DI 5606620
TOTAL CHECK
1020 602970 05/01/03 M2004 WONG, ~Y 110
1020 602971 08/01/03 794 XEROX CORPORATION 1104310
1020 602972 08/01/03 M YAMADA, KAORUKO 580
1020 602973 08/01/03 M YANG, FPJ~NCBS 580
1020 602974 08/01/03 799 Z~KER ROND L~FILL 5208003
1020 602975 08/01/03 M2004 ZEHM, ROBERT 110
1020 602976 08/01/03 M ZENG, JENI~IFER 580
1020 602977 08/01/03,3015 MARK ZIE~%NN 5606620
TOT~-L CASH ACCOUNT
TOTAL
TOTAL REPORT
..... DESCRIPTION
PRINTER C~TRIDGE
VISION INSUR. AUG03
SONY PVM 14LC ML~TI FO
Refund: Check - Asian
Refund: Check - SUeR
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
REFD NOTICE DPST
SUPPLIES/PAPER
Refund: Check - SL~9~ER
Refund: Check - SUeR
YAP~DWASTE JI/NE 2003
RNFD ARCHITECT DPST
Ref%~nd: Check - SUeR
SERVICE AGREEME~ FOR
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
AMOUNT
103.89
2198.40
173.20
24.00
60.00
5525.00
276.62
100.73
377.35
149.39
461.70
228.00
659.70
200.00
230.36
180,00
34.00
13761.41
126.55
30.00
50.00
1026825.47
1026825.47
1026825.47
RUN DATE 07/31/03 TIME 08:56:49
FINANCIAL ACCOUNTING
DRAFT
RESOLUTION NO. 151
A RESOLUTION OF TI-IE 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
AUGUST 08, 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 1T 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:
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
08/07/08
ACCOUNTING PERIOD: 2/04
CITY OF CUPERTINO
C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/84/2003" and "08/08/2003"
CASH ACCT CHECK NO
1020 602818 V 08/01/03 M2004
1020 602978 08/08/03 7
1020 602979 06/08/03 888
1020 602980 08/08/03 2994
1020 602981 08/08/03 1795
1020 602981 08/08/03 1795
TOTAL CHECK
1020 602982 08/08/03 1532
1020 602983 08/08/03 44
1020 602983 08/08/03 44
1020 602983 08/08/03 44
1020 602983 08/08/03 44
TOTAL CFiECK
1020 602984 08/08/83 44
1020 602985 88/08/03 M
1020 602986 08/08/03 2945
1020 602987 08/08/03 968
1020 602988 08/08/03 2889
1020 602989 0B/08/03 M2004
1020 602990 08/08/03 867
1020 602991 08/08/03 1101
1020 602992 08/08/03 133
1020 602993 08/08/03 127
1020 602994 06/08/03 1145
1020 602994 08/08/03 1145
TOT~-L CHECK
1020 602995 08/08/03 132
1020 602995 08/08/03 132
1020 602995 08/08/03 192
TOTAL CHECK
1020 602996 08/08/03 146
1020 602996 08/08/03 146
ISSUE DT .............. VENDOR ............. FUND/DEPT
BIANCHI, LEO J. 110
ARAG PLAN CORPORATION 1104540
ACI HOLDINGS, INC. 1100000
ADVENTURES IN 2709430
ALL C"HEM SUPPLY CO INC 5208003
ALL CHEM SUPPLY CO INC 5208003
ALOTTA'S DELICATESSEN 1104001
AMERICAN RED CROSS 1104400
A~RIC/~N RED CROSS 1104400
AMERICAN RED CROSS 1104400
AMERICAN RED CROSS 1104400
AMERICAN RED CROSS 1104400
ATHAVALE, VISP~KHA 580
NATASHA AUSTIN 5806249
BAP AUTO PARTS 6308840
BAY CONSTRUCTION INC 4209119
BLAIIqE, SF~%RON 1100000
BRIAN KANGAS FO~LK 2709430
C.H. BDLL CO. 1104400
CAL-LINE EQUIPMENT CO IN 1108408
THE CJtLIFOR/~IA C~J%NNEL 1103500
CALIFORNIA SURVEYING & D 1102403
CALIFORNIA SURVEYING & D 1102401
CkLIFORNIA WATER SERVICE 1108314
CALIFOREIA WATER SERVICE 1188508
CALIFORNIA WATER SERVICE 1108407
CASH 5806349
CASH 5806449
PAGE
..... DESCRIPTION ...... SALES TAX AMOUNT
REFD GEOLOGIC DPST 0.00 -764.25
BURTON,VOLK~,SCHMAL 0.00 3348.80
APRIL-JUNE 2003 0.00 311388.34
OUTDOOR PLAQUE 0.00 842.71
SUPPLIES 17361 0.00 226.68
SUPPLIES 17361 0.00 82.29
0.00 308.97
RUN DATE 08/07/03 TIME 13:41:45
- FINANCIAL ACCOUNTING
09/07/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRI~RIA: transact.trans_date between "08/04/2003" and "08/08/2003"
ISSUE DT .............. ~NDOR ............. Ft3~/DEPT
1020 602996 08/08/03 146 C~H 5806249
1020 602996 08/08/03 146 CASN 5806349
1020 602996 08/08/03 146 C~H 1106248
1020 602996 08/08/03 146 CJ%SH 1106342
1020 602996 08/08/03 146 C~H 1106647
TOTAL CHECK
1020 602997 08/08/03 149 CASH 1104400
1020 602997 08/08/03 149 HASH 1107301
1020 602997 08/08/03 149 C-ASH 2204010
1020 602997 08/08/03 149 C3%SH 4239222
1020 602997 08/08/03 149 C~R 5609112
TOTAL CHECK
1020 602998 08/08/03 2646 UEW-G 6104800
1020 602998 08/08/03 2646 CDW-G 6104800
TOT~-L CHECK
1020 602999 08/08/03 152
1020 603000 08/08/03 2739
1020 603001 08/08/03 155
1020 603002 08/08/03 2461
1020 603003 08/08/03 157
1020 603004 08/08/03 2846
1020 603005 08/08/03 173
1020 603006 08/08/03 916
1020 603007 08/08/03 M2004
1020 603008 08/08/03 M2004
1020 603009 08/08/03 191
1020 603010 08/08/03 194
1020 603011 08/08/03 M
1020 603012 08/08/03 2866
1020 603013 08/08/03 2992
1020 603014 08/08/03 201
1020 603019 08/08/03 214
CEB:CONTINUING EDUCATION 1101500
CENTRAL COAST WILDS 4209116
CE~VfPJtL W~OL~SALE NURSER 1108312
C"~OT SPACE & SCIENCE C 5806349
JASON H CHAN 5806249
C~P 5806249
COCA-COL~ BOTTLING OF CA 5706450
COMPUTER XTRAS XPRESS 6104800
COSTA, RICK 5700000
COUNTY OF SAi~TA CLA~ 5208003
CUPERTINO CHEER OF COM 1103300
CLTPERTINO SUPPLY INC 5708510
Camarda, Peter 550
DIANA R. RI.ROD 1107405
WILLIAM T. D/fLY 2709435
DAPPER TIRE CO 6308840
DEPASTHENT OF T~ANSPOHTA 1108602
..... DESCRIPTION ......
PETTY CASH 7/16-8/01
PETTY CASH 7/16-8/01
PE~Y CASH 7/16-8/01
PETTY C~R 7/16-8/01
PE/~FY C~H 7/16-8/01
PETI~ C~H 7/30-8/06
PETTY CASH 7/30-8/06
PETTY C-ASH 7/30-8/06
PAGE 2
RL~ DATE 08/07/03 TI~ 13:41:45
- FINltNCIAL ACCOL~ING
08/07/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/04/2003" and "08/08/2003"
1020 603016 08/08/03 1242
1020 603017 08/08/03 2113
1020 603018 08/08/03 223
1020 603019 08/08/03 228
1020 603020 08/08/03 233
1020 603021 08/08/03 239
1020 603022 08/06/03 234
1020 603023 08/08/03 1949
1020 603024 08/08/03 253
1020 603024 08/08/03 253
TOTAL CHECK
1020 603025 08/08/03 260
1020 603025 08/08/03 260
TOTA3~ CRECK
1020 603026 08/08/03 2361
1020 603026 08/08/03 2361
1020 603026 08/08/03 2361
TOTAL CRECK
1020 603027 08/08/03 2271
1020 603028 08/08/03 268
1020 603029 08/08/03 274
1020 603030 08/08/03 292
1020 603031 08/08/03 298
1020 603031 08/08/03 298
1020 603031 08/08/03 298
1020 603031 08/08/03 298
1020 603031 08/08/03 298
TOTAL CHECK
1020 603032 06/08/03 M
1020 603033 08/08/03 2280
1020 603034 08/08/03 M2004
DIOITAL PRINT IMPRESSION 1108101
DLT SOLUTIONS INC 6104800
DON & MIKE'S SWEEPING IN 2308004
DUBAY'S TIRE SERVICE INC 6308840
ECONOMIC DRIVING SCHOOL 5806249
ELECTRICAL DISTRIBUTORS 1108830
ENGINEERING DATA SERVICE 110
EVENT SERVICES 1108503
EXCHANGE LINEN SERVICE 5606620
EXC~LANGE LINEN SERVICE 5606620
FEDERAL EXPRESS CORP 6104800
FEDERAL EXPRESS CORP 110
FIRST BANKCARD 6104800
FIRST BANKC3%RD 1104000
FIRST BANKCARD 5606640
FLINT TRADING COMPANY 2708404
FOSTER BROS SEC~/RI~Y SYS 1108504
FRY'S ELECTRONICS 1108408
GOLFI~ USA 5806349
GR3%INGER INC 6308840
GRAINGER INC 6308840
GP~INGER INC 6308840
GRAINGER INC 6308840
GRAINGER INC 6308840
GPJ%NUCCI, JOAN 580
GAIL GRIFFIN 1106500
~DL COREN & CONE 1104100
PAGE 3
..... DESCRIPTION ...... SALES TAX AMOUNT
B.C3~S/N.LEE 0.00 57.21
~PGUIDE SUBSCRIPTION 0.S0 1035.14
SWEEPING JULY 2003 0.00 11781.87
REPAIRS 15801 0.00 75.00
SERVICE AGREEMENT FOR 0.00 2940.00
FY 2003-2004 OPEN PUBC 0.00 88.31
MAILING NOTICES 0.00 70.12
RENTAL 7/01-7/31 0.00 162.38
FY 2003-2004 OPEN PUBC 0.00 224.89
FY 2003-2004 OPEN PUBC 0.00 359.74
0.00 584.63
COURIER SERVICE 0.00 32.85
COURIER SERVICE 0.00 20.34
0.00 53.19
JI/LY 2003 STATEMENT 0.00 681.77
J~ILY 2003 STA~MENT 0.00 83.80
JLrLy 2003 STATFJ4ENT 0.00 45.95
0'.00 811.52
PARTS/SUPPLIES 15839 0.00 236.14
SUPPLIES 0.00 53.22
SUPPLIES 15942 0.00 398.08
MINI GOLF 7/31 17270 0.00 175.50
FY 2003-2004 OPEN PLTRC 0.00 51.90
FY 2003-2004 OPEN PUBC 0.00 79.77
FY 2003-2004 OPEN PURC 0.00 7.74
FY 2003-2004 OPEN PUBC 0.00 69.11
FY 2003-2004 OPEN PUBC 0.00 58.60
0.00 267.02
Ref~lnd: Check - SECUIR 0.00 125.00
SERVICE AGREEMENT FOR 0.00 1250.00
C~R STAT SEC 02/03 0.00 250.00
RUN DATE 08/07/03 TIME 13:41:45
- FINANCIAL ACCOUNTING
08/07/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: ~ransact.trans_date between "08/04/2003" and "08/08/2003"
FOI~D - 110 - GENERiLL FL~
IGSUE DT .............. VENDOR ............. FLrND/DEPT
1020 603035 08/08/03 3026
1020 603035 08/08/03 3026
1020 603035 08/08/03 3026
TOTAL C~ECK
1020 603036 08/08/03 3026
1020 803036 08/08/03 3026
1020 603036 08/08/03 3026
TOTAL C~CK
1020 603037
1020 603038
1020 603038
TOTAL CH~CK
1020 603039
1020 603040
1020 603041
1020 603042
1020 603042
TOTAL C~ECK
1020 603043
1020 603044
1020 603045
1020 603046
1020 603046 V
TOTAL C~ECK
08/08/03 1410
08/08/03 2064
08/08/03 2064
08/08/03 1888
08/08/03 2027
08/08/03 347
08/08/03 995
08/08/03 995
HILLYARD 5606620
HOWARD G HOFF JR. 1104400
HOWARD G HOFF JR. 1104400
AUTOMATIC RAIN CO. 1108407
MARSMAHOVEY 1104400
INDUSTRIAL WIPER 6308840
INSERV COMPANY 1108501
INSERV COMPA~ 1108504
JOBS AVAILABLE INC 1104510
JOE'S TRACTOR SERVICE 1108302
KIDZ LOirE SOCCER INC 5806449
LISA KING 5806449
LISA KING 5806449
KITSOW, RICK 1103300
KNORR SYSTEMS INC 5606620
Keswani, Lieselotte 550
Krzich, Patricia 550
08/08/03 1412
08/08/03 1977
08/08/03 1630
08/08/03 371
08/08/03 371
1020 603047 08/08/03 2367
1020 603048 08/08/03 376
1020 603049 08/08/03 M
1020 603050 08/08/03 M
1020 603051 08/08/03 2300
1020 603052 08/08/03 2424
1020 603053 08/08/03 400
1020 603054 08/08/03 408
..... DESCRIPTION ...... SAL~S TAX
PAGE 4
AMOUNT
UNREP 1539-0004 ~/~ 0.00 3571.06
0E3 1539-0005 0.00 4213.44
CEA 1539-0006 0.00 6431.89
0.00 14216.39
CEA 1539-0006~ 0.00 6431.89
U~TREP 1539-00~J 0.00 3571.06
0E3 1539-0005 0.00 4213.44
0.00 14216.39
SUPPLIES 0.00 541.30
CERT CLASS 0.00 75.00
CERT CI~S 0.00 150.00
0.00 225.00
FY 2003-2004 OPEN PURC 0.00 606.40
SUPPLIES 0.00 76.79
KNIT RAGS 15823 0.00 263.55
WATER TREATMENT AUG03 0.00 211.63
WATER TREATMENT AUG03 0.00 211.63
0.00 423.26
~AL SUESUEIPTION 0.00 29.95
MOW/DISC FIRE BRETU~S 0.00 2300.00
SERVICE AGREEMENT FOR 0.00 5455.30
SERVICE AGREEMENT FOR 0.00 1150.00
SERVICE AGREE~4ENT FOR 0.00 -1150.00
0.00 0.00
TOYOKAWA GIFT SWIPPNG 0.00 275.33
SUPPLIES 0.00 400.74
REFD: 41593 & 41594 0.00 30.00
Refund: Check - Cookin 0.00 44.00
SERVICE AGREEMENT FOR 0.00 800.00
SERVICE AGREEMENT FOR 0.00 1000.00
7/21-8/03 0.00 34315.47
FY 2003-2004 OPEN PURC 0.00 4622.52
RUR DATE 08/07/03 TIME 13:41:46
- FINANCIAL ACCOUNTING
08/07/03 CITY OF CUPERTINO PAGE 5
ACCOUNTING PERIOD: 2/04 C~ECK R~GISTER - DISBURSEMENT FUND
SELECTION CRITERIA:
transact.trans_date between .08/04/2003" and .08/08/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603054 08/08/03 408
1020 603054 08/08/03 408
TOTAL CHECK
LOS GATOS MEAT & SMOKEHO 5506620
LOS GATOS ~AT & SMOK~HO 5606620
1020
603055 06/05/03 M2004 MAINTENANCE SUPERINTENDS 1108201
1020
603056 08/08/03 1602 MSIA MUNISERVICES COMPAN 1100000
1020 603057 08/08/03 M MIRZA, ASIF 580
1020 603058 08/08/03 447
1020 603058 08/08/03 447
1020 503058 08/08/03 447
1020 603058 08/08/03 447
1020 603058 08/08/03 447
1020 603058 08/08/03 447
TOTAL CHECK
MISSION UNIFORM SERVICE 1108201
MISSION UNIFORM SERVICE 1108201
MISSION UNIFORM SERVICE 1108201
MISSION UNIFOP~ SSRVICE 1108201
MISSION UNIFORM SERVICE 1108201
MISSION UNIFORM SERVICE 1108201
1020 603059 0B/0B/03 941 5g3Z~JK
1020 603059 08/08/03 941 MU~K
1020 603059 08/08/03 941 ~gJZAK
1020 603059 08/08/03 941 MUZAK
TOTAL CHECK
4269212
4269212
4269212
1103500
1020 603060 08/08/03 M McCaw, Patricia
550
1020 603061 08/08/03 473
1020 609061 08/08/03 473
TOTAL CH~CK
NASER DISTRIBUTORS INC 5606620
NASER DISTRIBOTORS INC 5606620
1020 603062 08/08/03 2862 NATURE WOK
5506549
1020 603063 08/08/03 479 NATURES WOOD
5606620
1020 603064 08/08/03 M2004 NOR-CAL ASA
5806449
1020 603066 05/05/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 05/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/09 493 OFFICE DEPOT
1020 603066 05/08/53 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1020 603066 08/08/03 493 OFFICE DEPOT
1101000
1104300
1104300
1107405
1103300
1101000
1106100
1107405
5806249
1104100
1104510
1107405
1104590
..... DESCRIPTION ......
FY 2003-2004 OPEN PI/RC
FY 2003-2004 OPEN PURC
ANNLUtL DUES R.SILVA
Refund: Check - Return
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PTIRC
FY 2003-2004 OPEN PURC
FY 2083-2004 OPEN PURC
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN PURC
LABOR 17315
TIME/MATERIALS
TIME/MATERIALS
SERVICES JI/LY-DEC2003
FY 2003-2004 OPEN PUEC
2003 ASA REGISTER
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SI/PPLIES
OFFICE SUPPLISS
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
541.69
325.40
5489.61
60.00
1250.00
750.00
13.69
106.00
106.00
t06.00
106.00
106.00
543.69
500.00
855.00
515.53
374.04
2244.57
60.00
350.16
268.10
618.26
64.95
366.97
108.00
11.89
97.24
173.16
89.38
22.60
6.49
9.74
10.78
34.04
55.07
133.40
252.29
43.20
37.06
216.49
RUN DATE 08/07/03 TIME 13:41:46
- FIAIANCIAL ACCOL~ING
o8/o7/o3
ACCOUNTING PERIOD:
SELECTION CRITERIA:
CITY OF CUPERTINO
2/04 CHECK REGISTER - DISBURSE~"NT FUND
transact.trans_date between "08/04/2803" and "08/08/2003"
CASH ACCT CMECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 603066 08/08/03 493 OFFICE DEPOT 1104530
1020 603066 08/08/03 493 OFFICE DEPOT 1108601
1020 603066 08/08/03 493 OFFICE DEPOT 1108101
1028 603066 08/05/03 493 OFFICE DEPOT 1107405
1020 603066 08/08/03 493 OFFICE DEPOT 1104400
1020 603066 08/08/03 493 OFFICE DEPOT 2204010
1020 603066 08/08/03 493 OFFICE DEPOT 1104510
TOTAL CEECK
1020 603067 08/08/03 1190 RONALD OLDS 1103500
1020 603067 08/08/03 1190 RONALD OLDS 1103500
TOTAL CHECK
1020 603068 08/08/03 503 ORCHARD SUPPLY 5606640
1020 603068 06/08/03 503 ORCHARD SUPPLY 5606620
1020 603068 08/08/03 503 ORC~ S[/PPLY 5606620
1020 603068 08/08/03 503 ORC~ SUPPLY 5606640
1020 603068 08/08/03 503 ORC~ SUPPLY 5606640
TOTAL C~CK
1020 603069 08/08/03 981 ORCHARD SUPPLY ~L~RDWARE 1108321
1020 603069 08/08/03 981 ORCHAR/) SUPPLY [~Wi~ 1108321
1020 603069 08/08/03 981 ORC~ SUPPLY ~L~RDWAP~E 1108312
1020 603069 08/08/03 981 ORC~ SUPPLY F~RDWARE 1108315
1020 603069 08/08/03 981 ORCHARD SUPPLY~LRRDWARE 1108303
1020 603069 08/08/03 981 ORC}L~RD SUPPLY F~RDWARE 2708405
1020 603069 06/08/03 981 0RC~ SUPPLy ~WARE 1108312
1020 603069 08/08/03 981 ORCHARD SUPPLY F~WARE 5706450
1020 603069 08/08/03 981 ORC~ SUPPLY F~%NDW~ 5706450
1020 603069 08/08/03 981 ORCFiAR/) SUPPLY I~WJ~ 5706450
1020 603069 08/08/03 981 ORC~ SUPPLY HARDWARE 1108312
1020 603069 08/08/03 981 ORCHARD SUPPLY FO%RDWI~RE 1108314
1020 603069 08/08/03 981 ORCHARD SUPPLY HARDNAP~E 1108303
1020 603069 08/08/03 981 ORC~ SUPPLY }~WA]~E 1108303
TOTAL C3{ECK
1020 603070 08/08/03 504 ORIENTAL TRADING CO 5806349
1020 603071 08/08/03 507 DAN OSBORNE DBA:OSBOP. NE 1108303
1020 603071 08/08/03 507 Di~N OSBOR~ DBA:0SBOR/~E 1108503
TOTAL C~CK
1020 608072 08/08/03 513
1020 603072 08/08/03 513
TOTAL C~ECK
PACIFIC GAS & ELECTRIC ( 1108407
PACIFIC GAS & ELECTRIC ( 1108506
1020 603073 08/08/03 515
1020 603073 08/08/03 515
1020 603073 08/08/03 515
1020 603073 08/08/03 515
TOTAL C~ECK
PACIFIC WEET SECURITY IN 5708510
PACIFIC WEST SECURITY IN 5708510
PACIFIC WEST SECURITY IN 1108501
PACIFIC WEST SECtTRITY IN 1108501
..... DESCRIPTION ...... SALES TAX
PAGE 6
AMOUNT
OFFICE SUPPLIES 0.00 203.21
OFFICE SUPPLIES 0.00 9.29
OFFICE SUPPLIES 0.00 16.23
OFFICE SUPPLIES 0.00 29.19
OFFICE SUPPLIES 0.00 113.27
OFFICE SUPPLIES 0.00 84.35
OFFICE SUPPLIES 0.00 43.37
0.00 1691.74
0.00 460.00
0.00 460.00
0.00 920.00
0.00 57.15
0.00 18.38
0.00 22.69
0.00 -4.34
0.00 25.96
0.00 119.84
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN pURC
FY 2003-2004 OPEN PUEC
ON-TIME DISCOUNT
FY 2003-2004 OPEN PUEC
PARTS/SUPPLIES 15166 0.00 190.87
PARTS/SLrPPLIEE 24384 0.00 19.11
P~TS/SUPPLIES 20576 0.00 40.82
PARTS/SUPPLIES 15803 0.00 374.34
PARTS/SUPPLIES 15816 0.00 441.05
PARTS/SUPPLIES 15820 0.00 251.01
PARTS/SUPPLIES 20575 0.00 38.52
PANTS/SUPPLIES 21770 0.00 19.16
PANTS/SUPPLIES 23850 0.00 24.61
PARTS/SLrPPLIES 21778 0.00 59.06
PARTS/SUPPLIES 20577 0.00 62.37
PARTS/SUPPLIES 24363 0.00 21.63
PARTS/SUPPLIES 8931 0.00 254.27
ON-TIME DISC 7/26 0.00 -60.72
0.00 1736.10
SUPPLIES 17468
TIME/MATERIALS
0.00 244.64
0.00 287.92
0.00 185.00
0.00 472.92
0.00 7.42
0.00 19.81
0.00 27.23
0,00 199.13
0.00 75.00
0,00 1900.00
0.00 145.00
0.00 2319.13
7/01-7/31
6/28-7/29
SERVICE CALL 7/11
SERVICE CALL 7/10
TIME/MATERIALS
SERVICE CALL 7/15
RUN DATE 08/07/03 TIME 13:41:46
- FINANCIAL ACCOUNTING
08/07/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/04/2003" and "08/08/2003"
FI/ND - 110 - GENERAL FUND
C3%SH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603074 08/08/03 1099
1020 603075 08/08/03 526
1020 603075 08/08/03 526
1020 603075 08/06/03 526
1020 603075 08/08/03 526
TOTAL CHECK
1020 603076 08/08/03 2974
1020 603076 08/08/03 2974
1020 603076 08/08/03 2974
TOTAL CHECK
1020
1020
1020
1020
TOTAL C~CK
1020
1020
1020
1020
1020
1020
TOTAL CNECK
1020
1020
1020
1020
1020
1020
603077 08/08/03 545
603078 08/08/03 2315
603079 08/08/03 1929
603079 08/08/03 1929
603080 08/08/03 2802
603081 08/08/03 570
603082 08/06/03 3023
603082 08/08/03 3023
603082 08/08/03 3023
603082 08/08/03 3023
pAVEMENT ENGINEERING INC 2709450
PENINSULA DIGITAL IMAGIN 110
PENINSHLA DIGITAL IMAGIN 1107301
PENINSULA DIGITAL IMAGIN 4269212
PENINSULA DIGITAL IMAGIN 4209535
JEFF PISERCHIO 5606640
PIVOT INTERIORS 1106100
LEON C. PIROFALO 1107302
LEON C. PIROFALO 1107302
QUANTDM DESIGN 6109863
RADIOS}~ACK CORP 1108407
603088 08/08/03 2482 ROBERT }L%LF TECHNOLOGY 6104800
603083 08/08/03 2482 ROBERT tIALF TECHNOLOGY 6104800
603084 08/08/03 601
603085 08/08/03 610
603086 08/08/03 625
603087 08/08/03 2112
603088 08/08/03 1873
603089 08/08/03 2224
603090 08/08/03 633
603090 08/08/03 633
603090 08/08/03 633
ROYAL EI~SS INC ' 6308840
S & S WORLDWIDE 5806349
S~tN JOSE WATER COMPANY 4239222
SAI~CI~A 5806449
SANTA CLARA C~ FIRE DE 1104400
..... DESCRIPTION ...... SALES TAX
SERVICE AGREEMENT FOR 0.00
PAGE 7
AMOUNT
23910.00
IMPROVEMENT PLANS 0.00 83.79
DIGITAL SC-~ 16548 0.00 185.11
SPORTS CENTER PI~NS 0.00 88.33
REDUCED PLANS 0.00 32.83
0.00 390.06
LABOR AND MATERIAL TO 0.00 2865.53
CHANGE OND%2 0.00 430.23
CKANGE OND~3 0.00 655.91
0.00 3951.67
SERVICE AGREEMENT FOR
AERON 2 SG TILT SEAT A
CONSULTANT SERVICES
PROFESSIONAL SERVICE F
WEB HOST FEE AUG2003
BATTERY 24171
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
A.RICKS W/E 7/18
C.FUNDEP~URK W/E 7/25
HOSES 15846
SI/PPLIES 17473
DEPOSIT/C.CNTR/LIBRY
2003 FALL REGISTER
CPR BOOKS
HECONDING FEE N.BOND
SERVICES JI/LY 20
SERVICES JDLY 13
SERVICES JI/LY 27
1956.00
600.35
1457.13
300.54
1757.67
1500.00
15.14
5021.45
680.50
984.18
133.37
6819.50
720.00
1152.00
1872.00
92.83
306.51
64570.00
27.00
918.00
39.00
649.65
649.65
812.50
RUN DATE 08/07/03 TIME 13:41:46
- FINANCIAL ACCOUNTING
08/07/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK R~GISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/04/2003" and "08/08/2003"
ISSUE DT .............. UENDOR ............. FUND/DEPT
08/08/03 633 SANTA CLAR~ COUNTY S}{ERI 5606620
08/08/03 633 SANTA CLARA COUNTY SHERI 1106248
SANTA CRUZ BOARDWALK 5806349
SAVORY & SWEET 1103300
SCREEN DESIGNS 5806349
SERVICE STATION SYSTEMS, 1108005
SIERRA SPRINGS WATER CO. 1101500
SILICON SNORES INC 5806449
SON~ ELECtrONICS INC 1103500
SOLrfH BAY METROPOLITAN 5806449
STATE BOA~ OF EQUALIZAT 110
STATE OF CALIFOP~NIA 110
STONE, JACKIE 5606620
SU~IT UNIFORMS 1104530
Saddoris, Shirley 550
TARGET SPECIALTY PRODUCT 1108303
TARGET STORES 1108303
THE KIPLINGER CALIFORNIA 1101200
PAGE 8
..... DESCRIPTION ...... SALES TAR AMOUNT
SERVICES JIILY 26 0.00 649.65
ART/WINE FESTIVAL 0.00 2041.15
0.00 4802.60
ADMISSION 17481 0.00 398.75
TOYOKAWA BBQ 7/20 0.00 1834.40
T-SHIRTS 0.00 146.14
TANK TESTING 0.00 830.00
EMPLOYEE DRINEWTR 0.00 20.27
SERVICE AGREEMENT FOR 0.00 7888.50
SUPPLIES 17471 0.00 176.73
SUPPLIES 17474 0.00 158.49
SUPPLIES 17475 0.00 108.63
0.00 443.85
SUPPLIES 16468 0.00 707.88
SERVICE AGREEMENT FOR 0.00 3249.72
JULY2003 PREPAYMENT 0.00 2492.00
461-04-6662 L.RING 0.00 137.66
SERVICE AGREEMENT FOR 0.00 100.00
D/qIFORMS/G.LEE 0.00 74.69
BAR ASSOC. MCLE 0.00 56.00
BRAKE PARTS 15845 0.00 159.51
COFFEE 0.00 47.56
BINGO 0.00 316.05
SUPPLIES 0.00 111.12
HE/tLTH FAIR 0.00 206.60
0.00 681.33
Refund: Check - basic 0.00 60.00
FY 2003-2004 OPEN PURC 0.00 1071.84
SUPPLIES 15819 0.00 443.40
19753755 12 MO RENWL 0.00 73.00
RUN DATE 08/07/03 TIME 13:41:46
- FINANCIAL ACCOUNTING
08/07/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SSLECTION CRITERIA: transact.trans_date between "08/04/2003" and "08/08/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603111 08/08/03 1794 TMT-PAT~AY LLC 6308840
1020 603112 08/08/03 2665 ERIN TURI 5806249
1020 603113 08/08/03 738 VALLEY OIL COMPANY 6308840
1020 603114 08/08/03 2823 VAi~TECH SAFETYLIME 1104400
1020 603115 08/08/03 M V~NKATESHWAP. AN, RAGHU 580
1020 603116 08/08/03 310 VERIZON WIRE.SS 1108501
1020 603117 08/08/03 310 VERIZON WIP~EIAESS 1102403
1020 603118 08/08/03 M ~/ESTAL, BELINDA 580
1020 603119 08/08/03 746 VIKING OFFICE PRODUCTS 5506549
1020 603120 08/08/03 2404 LYNNETTE VISTE 5806449
1020 603121 05/08/03 754 BAP~J{A WALTON 5806449
1020 603122 08/08/03 2904 WEBEX CO~JNICATIONS INC 6109856
1020 603123 08/08/03 762 WEIGELMEC~rLa2gICAL 5606660
1020 603124 05/08/03 M WENG, JANET 580
1020 603125 08/08/03 768 WEST GROUP PAYMENT CENTE 1101500
1020 603126 08/08/03 779 MEST-LITS SUPPLY CO INC 1108504
1020 603126 08/08/03 779 WEST-LITE SUPPLY CO INC 1108505
TOT~J~ CHECK
1020 603127 08/08/03 774 WESTERN HIGHWAY PRODUCTS 2708405
1020 603128 08/08/03.M2004 WOOLLY, RODGER 110
1020 603128 08/08/03 M2004 WOOLEY, RODGER 1100000
1020 603128 08/08/03 M2004 WOOLEY, RODGER 1100000
TOTAL CHECK
1020 603129 08/08/03 2174 WORLD FL~ SOCIETY 1104000
1020 603130 08/08/03 794 XEROX CORPORATION 1104310
1020 603131 05/08/03 962 LINDA TELAVIUE 5506549
1020 603132 08/08/03 802 ZEp MANUFACTURING COMPAN 6308840
1020 603133 08/08/03 371 LISA KING 110
1020 603133 08/08/03 371 LISA KING 5806449
..... DESCRIPTION ......
PAINT GUN
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
REGULAR SIZE VEST
Refund: Check - Return
#309369653 JTTLY2003
#608881609 JULY2003
Refund: Check - SUMMER
OFFICE SUPPLIES 16098
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
WEBEX SUBSCRIPTION
B.PHEASANTA/C REPAIR
Refund: Check - SUP94ER
WITKIN CA EVIDENCE
SUPPLIES
SUPPLISS
FY 2003-2004 OPEN PURC
DEV MEINT FEE
PLAN C~ECK FEE
PLAN CHECK FEE
SALES TkX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0,00
O.O0
0.00
0.00
O,OO
O.O0
0.00
0.00
0.00
0,00
PAGE 9
AMOUNT
1031.76
1263.75
733.67
2682.56
750.00
78.29
72.36
75.00
53.00
114.40
lOBO.O0
1200,00
1610.29
130.00
81.18
274.74
164.52
439.26
285.78
619.05
1744.00
460.00
2823.05
45.00
1085.96
33.98
472.89
-137.66
1150.00
RUN DATE 08/07/03 TIME 13:41:46
- FINANCIAL ACCOUNTING
08/07/03 CITY OF CUPERTIN0
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/04/2063" and "08/08/2003"
~ - 110 - GENERAL FUND
CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
TOTAL CHECK
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
..... DESCRIPTION ......
SALES TAX
0.00
0.00
0.00
0.00
PAGE 10
AMOUNT
1012.34
760220.66
760220.66
760220.66
EUN DATE 08/07/03 TIME 13:41:46
- FINANCIAL ACCOUNTING
RESOLUTION NO. 152
i 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 HEREINAFrER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
AUGUST 15, 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:
Direc%r of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATI'EST:
APPROVED:
City Clerk
Mayor, City of Cupertino
o8/14/o3
ACCOU~TING PERIOD: 2/04
CITY OF CUPERTINO
C~CK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/11/2003" and "08/15/2003"
CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603134 08/15/03 1695 3M 2708405
1020 603135 08/15/03 2084 A.M. BEST COMPAq, INC. 1108101
1020 603136 08/15/03 28 AIRC~ NCN 1108814
1020 603137 08/15/03 2276 AL~P~A 1104510
1020 603137 08/15/03 2276 ~J~I~P.A 1104510
TOTAL CHECK
1020 603188 08/15/03 2298 ARCH WIRELESS 1104400
1020 603138 08/15/03 2298 ARCH WIRELESS 1106265
1020 603138 08/15/03 2298 ARCR WIRELESS 1108602
1020 603138 08/15/03 2298 ARCH WIRELESS 1108501
TOTAL CHECK
1020 603139 08/15/03 96 ~RROW~EAD M~ SPRING WAT 5606620
1020 603140 08/15/03 2067 ARIAN ART MUSF~UM OF SAi~ 5506548
1020 603141 08/15/08 993 JACKLYN EADDELEY 5506549
1020 603142 08/15/03 968 BAp AUTO PARTS 6308840
1020 603142 08/15/03 968 BAP AUTO PARTS 6308840
1020 603142 08/15/08 968 BAP AUTO PARTS 6308840
TOTAL CHECK
1020 603143 08/15/03 720 BATTERy SYSTEMS 6308840
1020 603143 08/15/03 720 BATTERY SYSTEMS 6308840
TOTAL CHECK
1020 603144 08/15/03 100 BMI IMAGING SYSTEMS 1104300
1020 603144 08/15/03 100 BMI IMAGING SYSTEbIS 1104300
1020 603144 08/15/03 100 BMI IMAGING SYSTE~ 1104300
TOTAL C~ECK
1020 603145 08/15/03 M BD/qNAG, SARIMA 580
1020 603146 08/15/03 2232 CARIAGA, LOURDES 110
1020 603146 08/15/03 2232 CARIAGA, LOURDES 110
TOTAL C~ECK
1020 603147 08/15/03 M CARE, JIM 580
1020 603148 08/15/03 1460 TONI CARREIE0 5208003
1020 803149 08/15/03 148 C2%SH 1108504
1020 603149 08/15/03 148 CASE 1108503
1020 603149 08/15/03 148 CASH 1106312
1020 603149 08/15/03 148 C3~H 1108504
1020 603149 08/15/03 148 C3%SH 1108315
..... DESCRIPTION ...... SALES TAR AMOUNT
SUPPLIES 0.00 322.23
A.M. BEST GUIDES 0.00 261.90
FY 2003-2004 OPEN PORC 0.00 40.12
BOT~ED WATER SERVICE 0,00 122.30
BOT~D WATER SERVICE 0.00 385.00
0.00 507,30
8/02-9/01 0.00 20.75
8/02-9/01 0.00 13.16
8/02-9/01 0.00 21.71
8/02-9/01 0.00 172.79
0.00 228.41
BOTTLED WATER SERVICE 0.00 369.66
ADMISSION/GAZ~LERY TE 0.00 440.00
CLIENT USE/SUPPLIES 0.00 65.05
FY 2003-2004 OPEN PURC 0.00 51,83
FY 2003-2004 OPEN PURC 0.00 31.39
FY 2003-2004 OPEN PIIRC 0.00 43.91
0.00 127.13
FY 2003-2004 OPEN PURC 0.00 43.25
FY 2003-2004 OPEN PURC 0.00 519.44
0.00 562,69
FY 2003-2004 OPEN PT/RC 0.00 146,04
FY 2003-2004 OPEN PUEC 0.00 1392.77
FY 2003-2004 OPEN PLTRC 0.00 397.25
0.00 1936.06
0.00 30.00
0,00 306.50
0.00 103.84
0,00 410.34
Refund: Check - SLUR
Reftmd: Check - SUeR 0.00 25.00
WEB CHANGES/GARAGE SL 0.00 68.75
PETTY CASE 7/30-8/11 0.00 1.79
PETTY CASH 7/30-8/11 0.00 38.06
PETTY CASH 7/30-8/11 0.00 13.49
PET~"f CASH 7/30-8/11 0.00 1.29
PET~ C~H 7/30-8/11 0.00 15.26
RUN DATE 08/14/03 TIME 11:46:42
- FINANCIAL ACCOLrNTING
08/14/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.=ran$_date between "08/11/2003" and "08/15/2003"
CASH ACCT CA~CK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
TOTAL CHECK
1020 603150 08/15/03 149 C3~H 1104510
1020 603150 08/15/03 149 CASH 1104300
1020 603150 08/15/03 149 CASH 1107405
1020 603150 08/15/03 149 CASH 1107301
TOTAL CHECK
1020 603151 08/15/03 155 CENTRAL WHOLESALE NURSER 1108303
1020 603151 08/15/03 155 CE~RAL WHOLESALE NURSER 1108407
TOTAL CHECK
1020 603158 08/15/03 1057 CERIDI~ BEN~FITS SERVIC 110
1020 603152 08/15/03 1057 CERIDIAN BENEFITS SERVIC 110
TOTAL C~ECK
1020 603153 08/15/03 1156 CHA 110
1020 603154 08/15/03 3029 CLI CKAWA¥ 5506549
1020 603155 08/15/03 M2004 CLINTON M DAVIS, JR 110
1020 603156 08/15/03 178 COLONIAL LIFE & ACCIDENT 110
1020 603157 08/15/03 2704 BRI~-N CORDIEL 5606620
1020 603158 08/15/03 183 COTTON SHIRES & USO INC 110
1020 603159 08/15/03 184 JA~E COCR~/~EY 5606620
1020 603160 08/15/03 2929 CSMFO 1104000
1020 603161 08/15/03 1407 CLUING ~IDERSON TIRE 6308840
1020 603162 08/15/03 985 CUPERTINO FLORIST INC 1101000
1020 603163 08/15/03 1306 C~ERTINOSANITARY DISTR4259313
1020 603164 08/15/03 }42004 DATACOMMARKETING 1106265
1020 603165 08/15/03 209 DE ANZA SERVICES INC 1108504
1020 603166 08/15/03 2795 DEVCON ASSOCIATES XVI 4239222
1020 603167 08/15/03 1104 DIVERSIFIED RISK 1104540
1020 603168 08/15/03 996 DU-ALL SAFETY 1108005
1020 603169 08/15/03 M Dietz, Frances 550
1020 603170 08/15/03 242 EMPLOY~HTDEVEL DEFT 110
PAGE 2
..... DESCRIPTION ...... SALES TAX AMOUNT
0.00 69.89
PETTY CASH 8/06-8/08 0.00 13.36
PETTY CASH 8/06-8/08 0.00 21.63
PETTY CASH 8/06-8/08 0.00 44.86
PETTY CASH 8/06-8/08 0.00 30.87
0.00 110.72
LANDSCAPE SUPPLIES 0.00 177.15
~SCAPE SPLY 15860 0.00 166.11
0.00 343.26
*FLEX DEP/240125 0.00 349.94
*FLEX ~L~/240125 0.00 522.42
0.00 872.36
CHA 0.00 129.85
MAI~ANUP OH IMAC 0.00 2913.82
REFD ENCROACH BOND 0.00 500.00
%E7013899-0000 0.00 522.66
SERVICE AGREEMENT FOR 0.00 357.00
C4060 GEOLOGIC R~W 0.00 850.00
SERVICE AGREEMENT FOR 0.00 300.00
BUDGET AWARD FEE 0.00 25.00
FY 2003-2004 OPEN PLTRC 0.00 132.90
FLOWERS S.JA~S 0.00 47.09
PERMIT PAPJ& FOUNTAIN 0.00 184.00
CALIF BUSINESS DIR. 0.00 399.00
CARPETS 7/30 0.00 100.00
RENT SEPT2003 LIBRY 0.00 16180.00
BLOCK PARTY INSURANCE 0.00 672.07
SAFETY CONSULTANT 0.00 4125.00
Refund: Check - Asian 0.00 24.00
SIT/932-0014-5 0.00 18780.74
RUN DATE 08/14/03 TIME 11:46:42
08/14/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~CK REGISTER - DISBUR$E~ FUND
SELECTION CRITERIA: transact.trans_date between "08/11/2003" and "06/15/2003"
PAGE 3
..... DESCRIPTION ...... SALES TAX AMOUNT
1020 603171 08/15/03 243 EMPLOY~ DEVELOPMENT 110
1020 603172 08/15/03 249 ESBRO C~ICAL 5606620
1020 603172 08/15/03 249 ESBRO C~ICAL 5606620
1028 603172 08/15/03 249 ESBRO CHEMICAL 5606620
1020 603172 08/15/03 249 5SBRO CREMICJ%L 5606620
1020 603172 08/15/03 249 ESBRO CHEMICJ%L 5606620
TOTAL CHECK
1020 603173 08/15/03 251
1020 603173 08/15/03 251
~X)T~-L CNECK
EVAMS WEST V/tL~LEY SPRAY 1108315
EVa%NS WEST VALLEY SPRAY 1108315
1020 603174 08/15/03 260 FEDER~ EXPRESS CORP 1108101
1020 603174 08/15/03 260 FEDERAL EXPWES$ CORP 110
TOTAL C~CK
1020 603175 08/15/03 2619 GENEVIEUE FIRE 2308004
1020 603175 08/15/03 2619 GENEVIEVE FIRE 2308004
TOTAL CHECK
1020 603176 08/15/03 M G~CIA, ANGIE 580
1020 603177 08/15/03 2476 GAP~EN EQUIPWENT CLINIC 5606640
1020 603178 08/15/03 281 G~E~ 1108830
1020 603178 08/15/03 281 GARDEi~ 1108407
TOTAL C~ECK
1020 603179 08/15/03 2603
1820 603180 08/15/03 298 GRAINGER INC 6308840
1020 603180 08/15/03 298 GRAINGER INC 6308840
1020 603180 08/15/03 298 GRAINGER INC 6308840
1020 603180 08/15/03 298 GP~INGER INC 6308840
1020 603180 08/15/03 296 GRAINGER INC 6308848
1820 603180 08/15/03 298 GP~AINGER INC 6308840
1020 603180 08/15/83 298 GRAINGER INC 6308840
1020 603180 08/15/03 298 GRAINGSR INC 1108409
TOTAL CHECK
1020 603181 08/15/03 3522 LY/~N }fELLER 5506549
1020 603182 08/15/03 2510 HI-LIN~ 6388840
1020 603183 08/15/03 1410 HILLYAR/3 5606620
1020 603184 08/15/03 1951 HOMESTEJ%D F.F.C. INC 5806349
1020 603185 08/15/03 1898 AUTOMATIC RAIN CO. 1108312
SDI/776-8260-0 0.00 910.57
FY 2003-2004 OPEN PORC 0.00 379.09
FY 2003-2084 OPEN PURC 0.00 377.62
FY 2003-2004 OPEN PORC 0.00 372.52
FY 2003-2004 OPEN PORC 0,00 362.52
FY 2003-2004 OPEN PURC 0.00 357.52
0.00 1849.17
TURF SPR3%Y JOLL~Ai~ 0.00 3500.00
TDRF SPP~Y CP, EEKSIDE 0.00 3500.00
0.00 7000.00
COURIER SERVICE 0.00 17.51
COURIER SERVICE 0.00 20.41
0.00 37.92
SERVICE AGREEMEET FOR 0.00 1955.00
SERVICE AGREF~ FOR 0.00 2273.75
0.00 4228.75
Reft~nd: C%%eck - S~94ER 0.00 115.00
SL~PLIES 15970 0.00 304.94
C~AINSAW 15848 0.00 472.50
PARTS/SUPPLIES 15843 0.80 357.11
0.00 629.61
TICKETS SEPT 5 0.00 2998.50
FY 2D03-2004 OPEN PDRC
FY 2003-2004 OPEN PURC
FY 2002-2004 OPEN PCRC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
0.00 171.72
0.00 58.25
0.00 16.15
O.DO 93.28
0.00 27.96
0.00 23.12
0.00 154.74
0.00 646.99
SERVICE AGP~EEb~EI~T FOR 0.00 600.00
SUPPLIES 15822 0.00 132.48
SI/PPLIES 0.00 386.72
BOWLING 8/6 17274 0.00 180.00
FY 2003-2004 OPEN PURC 0.00 2003.35
RUN DATE 08/14/03 TIME 11:46:42
- FIN ANCIALACCOUNTING
08/14/03 CIT~ OF CLrPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: ~ransact.trans_date between "08/11/2003" and "08/15/2003"
ISSUE DT .............. VENDOR ............. FUND/DEPT
08/15/03 1898 AUTOMATIC RAIN CO. 1108321
MARSRA HOVEy 1104400
Eirose, Adele 550
Hudson, Marlene 550
IC~ARETIRSMENT TRUST-45 110
INSTITL~ OF ~{ANS. ENGNR 1108601
INTERNATION~L E-Z UP INC 5806349
IS~fERNATIONAL E-Z UP INC 1106265
KATHRYN KELLY JOESTEN 1106265
Johnson, Barbara 550
KIDS X3%B 5806349
KIDS KAB 5806349
King, YeDnan 550
LAWSON PRODUCTS INC 1108830
L~E, EI~ 580
LUCKY I & I PORTABLE SHR 5208003
MANNING, COLLEEN 5806349
~RC~, BUZETTE 1101201
METRO MOBILE CO~3NICATI 1108314
MINTON,S LID~BER 1106342
MISDU 110
MORRISON SCHOOL SUPPLIES 8806349
MOMEISON SCHOOL SUPPLIES 5806349
NATIONAL DEFEPd~ED COMPEN 110
NATURES WOOD 5606620
..... DESCRIPTION ......
FY 2003-2004 OPEN PURC
CERT SUPPLIES
Ref%und: Check - Manna
REFDS 41946 & 41948
PUBLICATION
SERVICE AGREEMENT FOR
Refund: Check - McNett
T~SPORTATION 7/02
T~ANSPORTATION 8/08
Refund: Check - Deposi
SUPPLIES 15802
Refund: Check - SLUR
RENTAL
DAY CAMP SUPPLIES
BLOCK LEADER LUNCH
SUPPLIES
SUPPLIES 21599
J TRYBUS 385960533
PRESCHOOL SPLY 22983
PRESCHOOL SPLY 22982
*NAT'L DEF
FY 2003-2004 OPEN PURC
PAGE 4
RUN DATE 08/14/03 TIME 11:46:43
FINANCIAL ACCOUNTING
08/14/03 CITY OF CL~ERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.tranE_date between "08/11/2003" and "08/15/2003"
FUND - 110 - GENEPJ%L F~
C~H ACCT C~ECK NO ISEUE DT .............. VENDOR ............. FUND/DEFT
PAGE 5
..... DESCRIPTION ...... SA~E TAX AMOUNT
1020 609207 0B/15/03 3024
1020 603288 08/15/03 499
1020 603209 08/15/03 493
1020 603210 08/15/03 501
1020 603211 08/15/09 1220
1020 603211 08/15/03 1220
1020 603211 08/15/03 1220
1020 603211 08/15/03 1220
1020 603211 08/15/03 1220
TOT;iL C~ECK
1020 603212 08/15/03 833
1020 603212 08/15/03 833
1020 603212 08/15/03 833
1020 603212 08/15/03 833
1020 603212 08/15/03 833
1020 605212 08/15/03 833
1020 603212 08/15/03 633
TOTAL C~CK
1020 603213 08/15/03 2692
1020 603213 08/15/03 2692
1020 603213 08/15/03 2692
1820 603213 08/15/83 2692
TOTAL CHECK
1020 603214 08/15/03 2692
1020 603214 08/15/03 2692
1020 603214 08/15/03 2692
1020 603214 08/15/03 2692
1020 603214 08/15/03 2692
1020 603214 08/15/03 2692
1020 603214 08/15/03 2682
1020 603214 08/15/03 2692
TOTAL C~ECK
1020 603217 08/15/03 511
1020 603217 06/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
1020 603217 08/15/03 511
NORIYOSHI AP. AKAKI 1101281
DEBBIE O'NEILL 5606620
OFFICE DEPOT 1107503
OPERATING ENGINEERS #3 110
ORC~ SUPPLY H~WA~ 1108504
ORC~ SDPPLY }~%P. DWA~ 1108501
ORC~ SUPPLY HARDWARE 1108830
ORCHARD SUPPLY HARDWARE 1188830
ORCHARD SUPPLY }L~WAP~E 1108505
110
110
110
110
110
110
110
SERVICE AGREEMENT FOR 0.00 400.00
OFFICE SUPPLIES
0.00 142.50
0.00 168.82
UNION DUES 0.00 629.64
PARTS/SUPPLIES 0.00 7.75
PARTS/SI/PPLISS 0.00 25.49
PAXTS/SI/PPLIES 0.00 124.39
ON-TINE DISC 7/26 0.00 -8.56
PARTS/SUPPLIES 0.00 23.80
0.00 172.87
*PERS B~fBK 0.00 462.65
*PERS B57BK 0.00 123.70
PERS 1959 0.00 118.11
PEPYS EMPIJ% 0.00 7125.10
PEPS EMPLY 0.00 26153.45
SBC 1108504 6/27-7/26 0.00 76.90
SBC 1108501 6/29-7/28 0.00 64.43
SBC 1108501 7/02-8/01 0.00 572.13
SBC 6104800 7/02-8/81 0.00 592.74
0.00 1306.20
SBC 5606620 6/29-7/28 0.00 161.17
SBC 5606640 6/29-7/28 0.00 167.58
SBC 1108201 6/29-7/28 0.00 251.27
EBC 1108501 6/29-7/28 0.00 115.22
SBC 1108503 6/29-7/28 0.00 54.93
SBC 1108507 6/29-7/28 0.00 54.93
SBC 1108508 6/29-7/28 0.00 60.70
EBC 1108509 6/29-7/28 0.00 54.90
0.00 920.70
PACIFIC BELL/WORLDCOM 1101000
PACIFIC BELL/WOPJ~COM 1102100
PACIFIC BELL/WORLDCOM 1101500
PACIFIC BELL/WORLDCOM 110~300
PACIFIC SELL/WORLDCOM 1103300
PACIFIC BELL/WORLDCOM 1103500
PACIFIC BEI~/WORLDCOM 1104000
PACIFIC BELL/WORLDCOM 1104100
PACIFIC BELL/WORLDCOM 1104200
PACIFIC BELL/WORLDCOM 1104510
0.00 184.49
0.00 153.74
0.00 338.22
0.00 274.44
0.00 61.50
0.00 92.24
0.00 92.24
0.00 184.49
0.00 92.24
0.00 184.49
RUN DATE 08/14/03 TINE 11:46:43
- FINANCIAL ACCOUNTING
08/14/03 CI~ OF CUPERTINO PAGE 6
ACCOUNTING PERIOD: 2/04 CI4ECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.~rans_date between "08/11/2003" and "08/15/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 603217 08/15/03 511 PACIFIC BELI
1020 603217 08/15/03 511 PACIFIC BELI
1020 603217 08/15/03 511 PACIFIC BELl
1020 603217 08/15/03 511 PACIFIC BELl
1020 603217 08/15/03 511 PACIFIC BELI
1020 603217 08/15/03 511 PACIFIC BELI
1020 603217 08/15/03 511 PACIFIC BELI
1020 603217 08/15/03 511 PACIFIC
1020 603217 08/15/03 511 PACIFIC
1020 603217 08/15/03 511 PACIFIC BE~
1020 603217 08/15/03 511 PACIFIC BE~
1020 603217 08/15/03 511 PACIFIC BELl
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 09/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 0B/15/03 511 PACIFIC BELL
1020 603217 08/15/03 511 PACIFIC BELL
1020 603217 0B/15/03 511 PACIFIC BELL
WORLDCOM 1106647
WORLDCOM 1104530
WOP~LDCOM 1104400
WORLDCOM 1106100
WORLDCOM 1106265
WORLDCOM 1106529
WORLDCOM 1106500
WORLDCOM 1107200
WORLDCOM 1107301
WOP. LDCOM 1107302
1020 603218 08/15/03 513
1020 603218 09/15/03 513
1020 603218 08/15/03 513
1020 603218 08/15/03 513
1020 603218 68/15/03 513
TOTAL CHECK
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
1108602
1108506
1109506
5606620
5606620
1020 603219 08/15/03 513
1020 603219 08/15/03 513
PACIFIC GAS & ELECTRIC 1108407
PACIFIC GAS & ELECTRIC 1108501
..... DESCRIPTION ......
7/o2-9/Ol
6/27-7/29
6/27-7/29
6/27-7/29
6/27-7/29
6/27-7/28
6/27-7/28
0.00 30.75
0.00 215.23
0.00 92.24
0.00 92.24
0.00 491.96
0.00 30.75
0.00 369.97
0.00 92.24
0.00 276.73
0.00 61.50
0.00 399.72
0.00 92.24
0,00 30.75
0.00 122.99
0.00 122.99
0.00 153.74
0.00 290.96
0.00 30.75
0,D0 93.56
0.00 689.69
0.00 830.69
0.00 61.50
0.00 307.48
0.00 368.97
0.00 92.24
0.00 122.99
0.00 30.75
0.00 30.75
0.00 92.24
0.00 213.29
0.00 584.21
0.00 153.74
0.00 30.75
0.00 245.98
0.00 215.23
0.00 61.50
0.00 276.73
0,00 61,50
0.00 32.21
0.00 14.50
0.00 9265.34
0.00 42.32
0,00 406.44
0.00 6.12
0.00 349.70
0.00 810.71
0.00 3701.51
0.00 7523.76
RUE DATE 08/14/03 TIME 11:46:43
FINANCIAL ACCOUNTING
08/14/03 CITY OF CUPERTINO PAGE
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION C~ITERIA: transact.trans_date between "08/11/2003" and "08/15/2003"
FOND - 110 - GENERAL FUND
CASH ACCT C~CK NO ISSUE DT .............. VENDOR ............. FUND/DEFT
1020 603219 08/15/03 513
1020 603219 08/15/03 513
1020 603219 08/15/03 518
1020 603219 06/15/03 518
1020 603219 08/15/03
1020 603219 08/15/03
1020 603219 08/15/03
1020 603219 08/15/03
1020 603219 08/15/03
1020 603219 08/15/03
1020 608219 08/15/03
1020 603219 08/15/03
1020 603219 08/15/03
1020 603218 08/15/03
1020 603219 08/15/03
1020 603219 08/15/03
TOTAL C~CK
PACIFIC GAS & ELECTRIC
PACIFIC C~ & ELECTRIC
PACIFIC C~ & ELECTRIC
PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & ELECTriC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC GAS & EI/ECTRIC
513 PACIFIC GAS & ELECTRIC
513 PACIFIC C~ & ELECI~IC
513 PACIFIC C~ & ELECTRIC
513 PACIFIC GAS & ELECTRIC
..... DESCRIPTION ...... SALES
1108503 6/27-7/28 0.00
1108504 6/27-7/28 0.00
1108505 6/27-7/28 0.00
1108506 6/27-7/28 0.00
1108507 6/27-7/28 0.00
1108303 6/27-7/28 0.00
1108511 6/27-7/28 0.00
1108314 6/27-7/26 0.00
1108602 6/27-7/28 0.00
1108830 6/27-7/28 0.00
5208003 6/27-7/28 0.00
5606620 6/27-7/28 0.00
5606640 6/27-7/28 0.00
5708510 6/27/7/28 0.00
1108315 6/27-7/28 0.00
1108312 6/27-7/28 0.00
0.00
1020 603220 08/15/03 515 PACIFIC WEST SECURITY IN 1108501
1020 603221 08/15/03 520 PAPERDIRECT INC 1103300
PENINSULA DIGITAL IMAGIN 110
P~INSULA DIGITAL IMAGIN 110
PENINSULA DIGITAL IMAGIN 110
1020 603222 08/15/03 526
1020 603222 08/15/03 526
1020 603222 08/15/03 526
TOT~tL C~ECK
603223 08/15/03 533 PERS LONG TERM CARE FROG 110
1020
1020 603224 08/15/03 2316 POWER ROUSE EQUIPMENT 1108312
1020 603225 08/15/03 2529 PP~MIER WOP~ TOURS 5506549
603226 08/15/03 560 PUBLIC DIAi~ CONSORTI 1101300
1020
1020 603227 08/15/03 569 R.H.F. INC 1108601
1020 608228 08/18/03 2921 RICHBONDS SIGNS 1104400
603229 08/15/03 600 ROTO-ROOTSR SEWER SERVIC 5606620
1020
1020 603230 08/15/03 602 ROYAL COAC~ TOURS 5506549
1020 603231 08/15/03 2043 RLTDE'S PEST MANAGEMENT 1108504
1020 603231 08/15/03 2043 RUDE'S PEST MANAGEMENT 1108501
1020 603231 08/15/03 2043 RUDS'S PEST F~NAGEMENT 1108505
1020 603231 08/15/03 2043 RUDE'E PEST FJ%NAOEMENT 1108501
1020 608231 08/15/03 2043 RUDE'S PEST ~{kNAGEMENT 1108505
1020 603231 08/15/03 2043 RUDE'S PEST ~fAlgAGE~NT 1108503
1020 603231 08/15/03 2043 RUDE'S PEST MANAGE~4ENT 1108506
1020 603231 08/15/03 2043 RI/DE'S PEST M/%NAOEMERT 1108503
AMOUNT
2128.34
10585.26
4212.34
269.12
1776.80
5611.15
410.65
572.66
2449.07
61.56
12.62
3418.52
319.33
4053,30
361.69
573.27
48040.95
SERVICE CALL 7/31 0.00 110.00
OFFICE SUPPLIES 0.00 188.85
IMPROVEMENT PLANS 0.00 13.15
IMPRO%~ pI~S 0.00 145.65
IMPROVEMENT pI~NS 0.00 29.71
0.00 188.51
PERS LTC/2405 0.00 215.09
AIR FILTERS 15849 0.00 61.89
TRIP 9/I5-10/9 0.00 19335.00
CUPERTINO CO~ FORDM
0.00
6300.00
0.00
0.00
SINE CLEA/g-OUT 15969
21.65
113.00
ASIAN ANT 7/24 0.00 647.90
GENERAL PEST CONTROL 0.O0 400.00
GENEP. AL PEST CONTROL 0.0O 400.00
RODENT BAIT 0.00 225.00
RODENT BAIT 0.00 226.00
GENEP. AL PEST CONTROL 0.00 400.00
GENERAL PEST CONTROL 0.00 325.00
RODENT BAIT 0.00 225.00
RODENT BAIT 0.00 225.00
RUN DATE 08/14/03 TIME 11:46:43
08/14/03 CITY 0F CUPERTINO PAGE 8
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/11/2003" and "08/15/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603231 08/15/03 2043 RUDE'S PEST MANAGEMENT 1108503
TOTAL CHECK
1020 603232 08/15/03 M Reak, Bea 550
1020 603233 08/15/03 M Reak, Ronald 550
1020 603234 08/15/03 2998 SAN JOSE TAIKO
1101201
1020 603238 08/15/03 625
1020 603288 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 626
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/18/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
1020 603238 08/15/03 625
SAN JOSE WATER COMPANY 1108314
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPA~ 1108407
SAN JOSE WATER COMP/MNY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPANY 1108312
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER COMPA~IY 5708510
SAN JOSE WATER COMPANY 1108408
SAN JOSE WATER COMPANY 1108504
SAN JOSE WATER COMPANY 1108504
SAN JOSE WATER COMPANY 1108303
SAN JOSE WATER COMPANY 1108303
SAN JOSE WATER COMPi~ 1108407
SAN JOSE WATER COMPANY 5606640
SAN JOSE WATER COMPANY 1108504
SAN JOSE WATER COMPA~ 5606620
SAN JOSE WATER COMPAN~ 5606620
SAN JOSE WATER COMP/~ 1108312
SAN JOSE WATER COMPANY 1108312
SAN JOSE WATER COMP~ 1108312
SAN JOSE WATER COMPANY 1108407
SAN JOSE WATER CON~ 4208116
SAiq JOSE WATER COMPA1Iff 1108505
SAN JOSE WATER COMPANY 1108505
SAN JOSE WATER COMPANY 1108321
SAN JOSE WATER COMPANY 1108314
SAN JOSE WATER COMPANY 1108321
SAN JOSE WATER COMPANY 1108315
SAN JOSE WATER COMPANY 1108315
SAN JOSE WATER COMP/~qY 1108314
SAN JOSE WATER COMPI~NY 1108407
SAN JOSE WATER COMP~/~Y 1108407
SAN JOSE WATER COMPANY 1108315
SAN JOSE WATER COMPANY 1108315
..... DESCRIPTION
GENERAL PEST CONTROL
Refund: Check - USS Po
SALES
0.00 116.00
REFDS 41883 & 41891 0.00 128.00
SERVICE AGREEMENT FOR
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/28/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/26-7/25/03
6/25-7/25/03
6/25-7/25/03
6/25-7/25/03
6/25-7/25/03
6/25-7/25/03
6/25-7/25/03
6/25-7/25/03
6/25-7/24/03
6/25-7/25/08
6/25-7/25/08
6/25-7/24/03
6/25-7/24/03
6/25-7/24/03
6/03-7/31/03
6/02-7/31/03
6/03-7/31/03
6/26-7/25/03
6/25-7/24/03
6/24-7/25/03
6/28-7/25/03
6/28-7/25/08
6/27-7/28/03
6/27-7/25/03
6/26-7/27/03
8/26-7/27/03
6/26-7/27/03
6/27-7/27/03
6/27-7/27/03
0.00 800.00
0.00 835.37
0.00 83.57
0.00 116.19
0.00 139.29
0.00 36.88
0.00 36.88
0.00 29.77
0.00 16.29
0.00 10.96
0.00 45.76
0.00 80.65
0.00 173.06
0.00 1313.46
0.O0 89.53
0.00 588.31
0.00 117.86
0.00 87.12
0.00 88.89
O.OO 85.34
0.00 2617.99
0.00 29.77
0.00 4875.85
0.00 9.00
0.00 703.84
0.00 439.02
0.00 1290.35
0.00 2347.76
0.00 3187.16
0.00 27.49
0.00 229.98
0.00 295.06
0.00 9.00
0.00 36.50
0.00 1077.30
0.00 164.62
0.00 3387.69
0.00 119.51
0.00 1766.70
0.00 2137.06
0.00 1794.19
0.00 36.50
0.00 4194.35
RUN DATE 08/14/03 TIME 11:46:43
FINANCIAL ACCOUNTING
o8/14/o3
ACCOUNTING PERIOD:
SELECTION CRITERIA:
CITY OF CUPERTINO
2/04 C~CK REGISTER - DISBURSEMENT FUND
transact.trans_date between "08/11/2003" and "08/15/2003"
CASH ACCT CHECK NO ISSUE DT
.............. VENDOR ............. FUND/DEFT
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108315
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPAi~Y 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108506
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 825 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 628 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108321
1020 603238 08/15/03 625 SAN JOSE WATER COMP/%.NY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPAlqY 5708510
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 5606620
1020 603238 08/15/03 625 SAN JOSE WATER COMPA~ 1108506
1020 603238 08/15/03 625 SAN JOSE WATRR COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603258 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 5606620
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 5708510
1020 603238 08/15/05 625 SAN JOSE WATER COMPANY 1108303
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108303
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108303
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108503
1020 603238 08/15/03 625 Si~N JOSE WATER COMP~/~Y 1108407
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108314
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108314
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108507
1020 603238 08/15/03 625 SAN JOSE WATER COMPANY 1108314
1020 603238 08/15/03 625 SAN JOSE WATER COMP~2~ 1108314
1020 603238 08/15/03 628 SAN JOSE WATER COMPANY 1108302
1020 603238 08/15/03 625 SA~ JOSE WATER COMPANY 1108314
1020 603238 08/18/03 625 SAi~ JOSE WATER COMPAI~ 1108314
TOTAL CHECK
1020 603239 08/15/03 258 SA~'TA C~ COUi~ 110
1020 603240 08/15/03 639 SAVIN CORPORATION (COPIE 1104310
1020 603240 08/15/03 639 SAVIN CORPORATION (COPIE 5806249
1025 603240 08/15/03 639 SAVIN CORPORATION (COPIE 5506549
1020 603240 08/15/03 639 SAVIN CORPORATION {COPIE 5706450
1020 603240 08/15/03 639 SAVIN CORPORATION {COPIE 5806349
1020 603240 08/15/03 639 SAVIN CORPOR3%TION (COPIE 5806449
TOTAL CRECK
1020 603241 08/15/03 2875 SAVIN CREDIT CORP 1104310
1020 603242 08/15/03 1582 SC~;WD-LS~BAN RUNOFF 2308004
1020 603243 08/15/03 2016 SIEMENS BUILDING TECHNOL 1108501
..... DESCRIPTION ...... SALES TAX
PAGE 9
AMOUNT
6/27-7/27/03 0.00 89.04
6/27-7/27/03 0.00 37.99
6/27-7/29/03 0.00 37.99
6/27-7/29/03 0.00 97.31
6/26-7/27/03 0.00 10.96
6/26-7/27/03 0.00 146.41
6/27-7/27/03 0.00 17.33
6/26-7/27/03 0.00 15.55
6/27-7/27/03 0.00 112.00
6/27-7/29/03 0.00 36.50
6/27-7/27/03 0.00 27.99
6/26-7/25/03 0.00 9.00
6/27-7/27/03 0.00 19.85
6/27-7/27/03 0.00 81.31
6/27-7/27/03 0.00 15.55
6/27-7/27/03 0.00 24.44
6/27-7/27/03 0.00 136.41
6/27-7/25/03 0.00 1752.45
6/27-7/27/03 0.00 37.99
6/27-7/27/03 0.00 239.97
6/27-7/27/03 0.00 639.86
6/27-7/27/03 0.00 1013.09
6/27-7/27/03 0.00 2475.81
6/27-7/27/03 0.00 332.38
6/26-7/28/03 0.00 136.88
6/26-7/25/03 0.00 275.52
6/26-7/25/03 0.00 250.63
6/26-7/29/03 0.00 94.23
6/26-7/25/03 0.00 1503.63
6/26-7/25/03 0.00 1389.88
6/25-7/25/03 0.00 773.16
6/26-7/25/03 0.00 2287.94
6/26-7/28/03 0.00 9.00
0.00 48879.92
V ORTEGA 563312780 0.00 588.00
1-5060106 OVEG 02-05
1-5060106 OVEG 02-05
1-5060106 OVEG 02-05
1-5060106 OVEG 02-05
1-5060106 O%rRG 02-05
1-5060106 OVRG 02-05
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4-1709316 SEPT2003
0.00
ASSESSMENT 03/04
SUPPLIES
0,00
0.00
8319.81
3960.01
3546.54
886.64
928.01
738.86
15379.87
114.66
85703.00
1465.65
RLTN DATE 08/14/05 TIM~ 11:46:44
- FINANCIAL ACCOL~ING
08/14/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_da~e between "08/11/2003" and "08/15/20o3"
CASH ACCT CHECK NO
1020 603244
1020 603244
TOTAL CEECK
1020 603245
1020 603246
1020 603246
TOTAL CHECK
1020 603247
1020 603248
1020 603248
TOT~-L CHECK
ISSUE DT .............. VENDOR ............. FUND/DEPT
08/15/03 2810 SMART & FINAL 5506549
08/15/03 2810 S}4ART & FINAL 1106342
08/15/03 M SMIT~, MADELINE 580
08/15/03 1116 SON~f ELECtrONICS INC 1103500
08/15/03 1116 SONY ELECTRONICS INC 1103500
08/15/03 677
08/lS/03 95s
08/15/03 951
STATE STREET BANK & ~US 110
SD2~4ERWINDS GARDEN CNTR, 1108303
SUMMERWINDS GARDEN CNTR, 1108407
1020 603249 08/15/03 3013 SWINERTON BUIldERS 4209224
1020 603250 08/15/03 695
1020 603250 08/15/03 695
1020 603250 08/15/03 695
1020 603250 08/15/03 695
1020 603250 08/15/03 695
TOTAL C~ECK
1020 603251
1020 603252
1020 603253
1020 603254
1020 803254
1020 603254
TOTAL CHECK
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5606620
SYSCO FOOD SERVICES OF S 5506549
SYSCO FOOD SERVICES OF S 5506549
08/15/03 M Smith, Linda 550
08/15/03 M2004 TAI, JULIE 110
08/15/03 700 TARGST SPECIALTY PRODUCT 1108314
08/15/03 701 TARGET STOR~S 5806349
08/15/03 701 T~RGET STOP. ES 5806349
08/15/03 701 TARGET STORES 5806349
1020 603255 08/15/03 1564
1020 803256 08/15/03 1993
1020 603257 08/15/03 1154
1020 603288 08/15/03 2584
1020 603259 08/15/03 738
1020 603260 08/15/03 746
1020 603260 08/15/03 746
T~AC~RS' HELPER 5806349
~URSR OF A~DA COU 110
UNITED WAY OF SANTA CLAR 110
UNIVERSAL DIAI~, INC. 1103300
VALLEY OIL COMPANY 6308840
VIKING OFFICE PRODUCTS 5506549
VIKING OFFICE PRODUCTS 5506549
6109872
PAGE 10
..... DESCRIPTION ...... SALES TAX AMOUNT
SUPPLIES 16100 0.00 46.25
SUPPLIES 17294 0.00 88.07
0.00 134.32
HEFDS 224241 & 224242
BDLLETIN ACCESS 16469
RETL~ ORD #25145
0.00 255.00
0.00 155.00
0.00 -110.86
0.00 44.14
0.00 3590.93
0.00 142.29
0.00 271.29
0.00 413.58
*PERS DEF
LA--SCAPE SPLY 15837
LANDSC~E SPLY 15862
PUBLIC WORKS CON--CT 0.00 524321.00
FY 2003-2004 OPEN PURC 0.00 -81.30
FY 2003-2004 OPEN PURC 0.00 7011.49
FY 2003-2004 OPEN PLTRC 0.00 2106.50
COFFEE 0.00 331.60
SHEIOR SOCIALS 0.00 24.60
0.00 9392.89
Refund: Check - McNett 0.00 88.00
HEFD ENCROACH BOND 0.00 11700.00
FY 2003-2004 OPEN PURC 0.00 38.97
SUPPLIES 22939 0.00 12.96
SUPPLIES 22926 0.00 40.32
SUPPLIES 22993 0.00 32.87
0.00 86.15
PRESCHOOL SPLY 22984 0.00 50.76
A LOPEZ JR 566398126 0.00 253.84
UNITED WAY 0.00 122.10
TRANSI~TE 6/25-7/22 0.00 1496.07
FY 2003-2004 OPEN PUNC 0.00 4353.15
SUPPLIES 16099 0.00 22.75
SUNPLIES 16099 0.00 25.97
0,00 48.72
PINNACLE LIQUID SILVER 0.00 1879.23
RUN DATE 08/14/03 TIME 11:46:44
- FINANCIAL ACCOUNTING
08/14/03 CITY OF CUPHRTINO
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSI~4ENT FDND
SELECTION CRITERIA: transact.trans_date between "08/11/2003" and "08/15/2003"
..... DESCRIPTION ...... H/~LES
AMOUNT
1020 603262
1020 603263
1020 603264
1020 603264
TOTAL CHECK
1020 603265
1020 603265
1020 603265
1020 603265
1020 603265
TOTAL CHECK
1020 603266
1020 603266
TOTAL CHECK
1020 603267
1020 603268
1020 603268
TOTAL CHECK
1020 603269
1020 603270
1020 603270
TOTAL CHECK
1020 603271
TOTAL REPORT
08/15/03 1342 VESTA W/~LDEN 5606620
08/15/03 512004 WCISA 1108201
08/15/03 761 WEDEMEYERBAKERY 5606620
08/15/03 761 ~EDEI4E~FER B~CERY 5606620
08/15/03 2856 WESCO GRAPHICS 1106500
08/15/03 2856 WESCO GRAPHICS 5606600
08/15/03 2856 WESCO GRAPHICS 5806349
08/15/03 2856 WESCO GRAPHICS 5806249
08/15/03 2856 WESCO GRAPHICS 5806449
08/15/03 774
08/15/03 774
08/15/03 2527
08/15/03 2969
08/15/03 2969
WESTEI{N HIGHWAY PRODUCTS 2708405
WESTERN HIGHWAY PRODUCTS 2708405
WHEEL WORKS WEST 6308840
WIC: WONDER ICH CREAM DI 5606620
WIC: WONDER ICE CREAM DI 5606620
08/15/03 M WONG, LISA 580
08/15/03 1081 YAMAGAMI'S NURSERY 1108303
08/15/03 1081 YAMAC~I'S NLrRSERY 1108303
08/15/03 M2004
08/15/03 802
TEE, BOB 55065~9
ZEP MANUFACTURING COMPAN 1108503
SERVICE AGREEMENT FOR
J.RECORDS CH22990
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
TIRES 15827
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
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
142.50
85.00
631.23
186.95
818.18
074.20
383.25
1914.24
1914.24
1914.24
6700.'17
796.99
968.03
207.10
344.66
551.76
612.50
64.82
60.94
125.76
255.00
197.26
953290.00
953290.00
953290.00
RUN DATE 08/14/03 TIME 11:46:44
- FINANCIAL ACCOUNTING
RESOLUTION NO. t53
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 HEREINAFrER DESCRIBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
AUGUST 22, 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']-rr~ctor of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
o8/21/o3
ACCOUNTING PERIOD: 2/04
SELECTION CRITERIA: transact.trans_date between .08/18/2003" and "08/22/2003"
1020 602215 V 07/03/03 M2004 PRIENDS OF LONG MARINE L 5806349
1020 603273 08/22/03 4 A T & T 1108501
1020 603273 08/22/03 4 A T & T 1108501
1020 603273 08/22/03 4 A T & T 1108501
1020 603273 08/22/03 4 A T & T 1108501
1020 603273 08/22/03 4 A T & T 1108501
TOTAL C~ECK
1020
603274 08/22/03 13 ACME & SONS SANITATION C 5606640
1020 603275 08/22/03 M AGP~WAL, V;LNDANA 580
1020 603276 08/22/03 25 AIR COOLED ENGINES INC 1108312
1020 603277 08/22/03 29 LYNNE DIANE AITKEN 5806449
1020 603279 08/22/03 1884
1020 603279 08/22/03 1854
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 05/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1854
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603278 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1854
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
1020 603279 08/22/03 1884
TOTkL CHECK
AI~ERTSONS-NORTHEEN DIVI 5806349
AI~ERTSONS-NORTHEENDIVI 5806349
AL~ERTSONS-NORT~ENDIVI 5806349
ALBERTSONS-NORT~EENDIVI 1106342
ALBERTEONS-NORT~ENE DIVI 5806349
ALBERTSONS-NORTHEENDIVI 5806349
ALBERTSONS-NORTHERNDIVI 5806349
ALBERTSONS-NORTHEEN DIVI 5806349
ALBERTSONS-NORTHEENDIVI 1106342
ALBERTSONS-NORTYHEP~NDIVI 5806349
ALBERTSONS-NORTHEP~NDIVI 5806349
ALBERTSONS-NORTEEEN DIVI 5806349
ALBERTSONS-NORTHEENDIVI 5806349
ALBERTSONS-NORTHERN DIVI 5806349
ALBERTSONS-NORTEEEN DIVI 5806349
ALBERTSONS-NORTHEEN DIVI 1106342
ALBERTSONS-NORT~EENDIVI 5806349
ALBERTSONS-NORT~EENDIVI 5806349
ALBERTSONS-NONTNEEN DIVI 1106342
ALBERTSONS-NORT~ERN DIVI 5806349
ALBERTSONS-NORTHEENDIVI 5806349
A~ERTSONS-NORT~EN DIVI 5806349
ALBERTSONS-NORTEEENDIVI 5806349
ALBERTSONS-NORT~EEN DIVI 5806349
1020 603280 08/22/03 2276 AL~P~ 1106265
1020 603281 08/22/03 2319 ALL CITY MANAGEMENT SERV 1108201
1020 603262 08/22/03 44 AMERICAN RED CROSS 1104400
1020 603283 08/22/03 57 ARAMARK 1104510
1020 603283 08/22/03 57 ARAMARK 1104510
PAGE I
..... DESCRIPTION ...... SALES TAX AMOUNT
DAY CAMP 8/13 0.00 -295.00
AUG2003 STATEMENT 0.00 20.21
AUG2003 STATEMENT 0.00 20.21
AUG2003 STATENENT 0.00 52.95
AUG2003 STATEMENT 0.00 62.47
AUG2003 STATEMENT 0.00 20.21
0.00 176.05
FY 2003-2004 OPEN PURC
Refund: Check - SID94ER
PARTS/SUPPLIES 15850
0.00 168.83
0.00 30.00
0.00 134.67
0,00 364.00
SUPPLIES 22907 0.00 10.00
SUPPLIES 22903 0.00 19.98
SUPPLIES 22910 0.00 9.99
SUPPLIES 22911 0.00 34.67
SUPPLIES 22909 0.00 31.31
SUPPLIES 22912 0.00 50.00
SUPPLIES 22917 0.00 25.02
SLrPPLIEE 22918 0.00 19.06
SLrPPLIES 22920 0.00 23.65
SUPPLIES 22922 0.00 7.67
SUPPLIES 22928 0.00 48.27
SUPPLIES 22998 0.00 10.88
SUPPLIES 22941 0.00 8.02
SUPPLIES 22923 0.00 14.79
SUPPLIES 22931 0.00 45.22
SUPPLIES 22932 0.00 47.50
SUPPLIES 22927 0.00 48.45
SUPPLIES 22936 0.00 48.86
SUPPLIES 22935 0.O0 22.57
SUPPLIES 22990 0.00 17.37
SUPPLIES 22948 0.00 22.82
SUPPLIES 22906 0.00 39.89
SUPPLIES 22915 0.00 38.11
SUPPLIES 22908 0.00 31.05
0.00 669.15
FY 2003-2004 OPEN PURC 0.00 130.00
AUGUST 2003 0.00 7487.40
CERTIFICATION FEES 0.00 520.00
EMPLOYEE COFFEE 0.00 147.74
ENPLOYEE COFFEE 0.00 299.72
RUN DATE 08/21/03 TIME 09:50:31
06/21/03 CIT~ OF CUPERTINO PAGE 2
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELEC~fION CRITERIA: transact.trans_date between "08/18/2003" ~d "08/22/2003"
C~H ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
TOTAL CHECK
1020 603284 08/22/03 968 BAP AUTO PARTS 6308840
1020 603284 08/22/03 968 BAP AUTO PARTS 6308840
1020 603284 08/22/03 968 BAP AUTO PARTS 6308840
1020 603284 08/22/03 968 BAP AUTO PARTS 6308840
TOTAL CHECK
1020 603285 08/22/03 M Blaseck, Celeste A 550
1020 603286 08/22/03 M Bocci, Catherine 550
1020 603287 08/22/03 874 C & N DISTRIBUTORS INC 4209546
1020 603288 08/22/03 130 CALIFORNIA PAP~K A~D REUE 1106100
1020 603289 08/22/03 130 CALIFOP, NIA PARK AND P~ECR 5806349
1020 603290 08/22/03 2953 ERIN CALLAG}A%N 5806249
1020 603291 08/22/03 1460 TONI C~IRO 1101065
1020 603292 08/22/03 146 C~H 5806349
1020 603292 08/22/03 146 C~H 5806449
1020 603292 08/22/03 146 C~H 5806349
TOTAL CHECK
1020 603293 08/22/03 147 C~R 5506549
1020 603293 08/22/03 147 CASH 5506549
1020 603293 08/22/03 147 C~H 5506549
1020 603293 08/22/03 147 CASH 5506549
1020 603293 08/22/03 147 CASH 1106500
TOTAL CHECK
1020 603294 08/22/03 149 C~H 1104000
1020 603294 08/22/03 149 CASH 1104100
1020 603294 08/22/03 149 CASR 1104310
1020 603294 08/22/03 149 CASH 1107301
1020 603294 08/22/03 149 C~H 1108001
1020 603294 08/22/05 149 CASR 1108101
1020 603294 08/22/03 149 C~N 2204010
1020 603294 08/22/03 149 CASR 2204011
1020 603294 08/22/03 149 CASH 4239222
TOTAL CHECK
1020
603295 08/22/03 1820 CERIDIAN BENEFITS SERVIC 110
1020 603296 08/22/03 2626 C~G, C~-YA 1103300
1020 603297
1020 603297
06/22/03 2769 CT{ARLES M SALTER ASSOCIA 4239222
08/22/03 2769 CHAP, S M SALTER ASSOCIA 4239222
..... DESCRIPTION ...... SALES TAX AMOUNT
0.00 447.46
FY 2003-2004 OPEN PURC 0.00 131.85
FY 2003-2004 OPEN PUEC 0.00 21.65
FY 2003-2004 OPEN PURC 0.00 25.81
FY 2003-2004 OPEN PUEC 0.00 50.27
0.00 229.58
Ref%hTd: Check - Cancel 0.00 40.00
Refund: Check - Cookin 0.00 44.00
TABLE TOPS 15852 0.00 519.66
RENEWAL T.SMITE 0.00 415.00
NERSHP PuNWL K.FREy 0.00 43.00
SERVICE AGREEMENT FOR 0.00 402.00
TEEN WEBSITE UPDATES 0.00 91.00
PET~ C~H 8/05-8/18 0.00 216.40
PETTY CASN 8/08-8/18 0.00 19.47
PET~ C~H 8/05-8/18 0.00 29.50
0.00 265.45
PET~ CASH 7/29-8/20 0.00 13.89
PETTY CASH 7/29-8/20 0.0O 50.00
PETTY CASH 7/29-8/20 0.00 43.67
PET~ CASH 7/29-8/20 0.00 17.95
PETTY CASH 7/29-8/20 0.00 74.00
0.00 199.51
PETTy CASH 8/13-8/20 0.00 12.S0
PETTY CASH 8/13-8/20 0.00 12.50
PET~ CASH 8/13-8/20 0.00 7.90
JULY03 ADMIN FEES 0.00 63.00
CLIPPING SERVJI/LY03 0.00 200.00
CONSTRUCTION ADMINISTR 0.00 4753.00
CONSTRUCTIONABMINISTE 0.00 131.26
RL~ DATE 08/21/03 TIME 09:50:31
- FINANCIAL ACCOUNTING
08/21/03 CI~f OF CUPERTINO PAGE 3
ACCOUNTING PERIOD: 2/04 C~CK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/18/2003" and "08/22/2083"
ISSUE DT .............. VENDOR ............. FUND/DEPT
08/22/03 2768 CHARLES M SALTER ASSOCIA 4239222
CHEN, MING 580
CLAP 9806249
CLEARY CONSULTANTS INC 2709430
COCA-COLA USA 5606620
COCA-COLA USA 5606620
COC3k-COLAUSA 5606620
COCA-COLA USA 5606620
COCA-COI~ USA 5606620
COCA-COL~ USA 5606620
COURTESY TOW 6308840
CUPERTINO C0~94UNITY SERV 1104000
CUPERTINO MEDIC-AL CENTER 5806449
DE ANZA SERVICES INC 1108504
DEEP CLIFF ASSOCIATES L 9806449
DEPARI~4ENT OF Ji3STICE 1104510
DIRECT SAFETY COMPANY 6308840
DIRECT SAFETY COMPANY 6308840
2853 SUSANA DORN 5806249
2664 KATHLEEN DUTRA 5806449
231 ECONOMIC DRIVING SCHOOL 5806249
239 ELECTRICAL DISTRIBUTORS 1108504
239 ELECTRICAL DISTRIBUTORS 1108504
239 ELECTRICAL DISTRIBUTORS 1108501
1020 603313 08/22/03 251
1020 603313 08/22/03 251
1020 603313 08/22/03 251
1020 603313 08/22/03 251
1020 603313 08/22/03 251
TOTAL CRECK
EVANS ~ST VALJ~EY SPRAY 1108302
EVANS WEST V~LJ~EY SPRAY 1108314
EVANS WEST V~t~LEY SPRAY 1108315
EVANS WEST VALLEY SPRAY 1108315
EVANS WEST V~LLEY SPRAY 1108303
..... DESCRIPTION ...... SALES TAX
CONSTRUCTION ADMiNISTR 0.00
0.00
Refund: Check - SUbtlER 0.00
SERVICE AGREEMENT FOR 0.00
SERVICE AGREEMENT FOR 0.00
AMOUNT
2560.50
7444.78
301.58
900.00
987.50
FOUNTAIN AUG2003 0.00 21.65
FOUNTAIN AUG2003 0.00 21.65
FOUNTAIN AUG2003 0.00 27.06
FOUNTAIN AUG2003 0.00 21.65
FOUNTAIN AUG2003 0.00 21.65
POUNTAIN AUG2003 0.00 21.65
0.00 135.31
FY 2003-2004 OPEN PURC 0.00 65.00
CCS BBQ C.ATWOOD RESV 0.00 30.00
TB TEST/J.COLLOTON 0.00 15.00
CARPETE 6/11 0.00 300.00
SERVICE AGREEMENT FOR 0.00 18568.00
FINGERPRINTS 0%/LY2003 0.00 160.00
SUPPLIES 15855 0.00 36.03
PARTS/SUPPLIES 15855 0.00 146.83
0.00 182.86
SERVICE AGP~EEMENT FOR
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
PARTS/SUPPLIES 27225
PARTS/SUPPLIES 27226
RECORDER DATD~LOC~ER
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1400.00
280.00
3150.00
28.70
4.09
2592.69
2625.38
300.00
500.00
500.00
250.00
500.00
2050.00
RUE DATE 08/21/03 TIME 09:50:31
FINANCIAL ACCOIINTING
08/21/03 CITY OF CUPERTINO PAGE 4
ACCOUNTING PERIOD: 2/04 C~ECK P~GIBTER - DISBURSEMENT FUND
SELECTION CRITERIA: Cransact.trans_date between "08/18/2003" and "08/22/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FOND/DEPT
1020 603314 08/22/03 260 FEDERAL EXPRESS CORP 1108601
1020 603314 08/22/03 260 FEDERAL EXPRESS C0RP 4259513
1020 603314 08/22/03 260 FEDERAL EXPRESS CORP 110
TOTAL CHECK
1020 603315 08/22/03 2304 FIELD PAOLI ARCHITECTURE 4269212
1020 603316 08/22/03 266 RYAN FOREES 5806449
1020 603317 08/22/03 268 FOSTER BROS SECURITY SYS 1108506
1020 603318 08/22/03 M2004 FRIENDS OF LONG MARINE L 5806349
1020 603319 08/22/03 M2004 G. A. WALDEN 5506549
1020 603320 08/22/03 281 GA~ENLAND 1108312
1020 603320 08/22/03 281 C~EN~ 1108408
1020 603320 08/22/03 281 GARDENLAND 1108312
1020 603320 08/22/03 281 GARDEN~ 1108503
1020 603320 08/22/03 281 GA~ENLAND 1108312
TOTAL CHECK
1020 603321 08/22/03 282 GARROD FA~/4S/STABLES 5806449
1020 603322 08/22/03 3008 GATEWAY GRAPHICS INC. 5606620
1020 603323 08/22/03 2719 GCS SERVICE, INC. 1108505
1020 603324 08/22/03 2812 GENERAL BII4qDING CORP 1107301
1020 603325 08/22/03 M GOGINENI, SUDHA 580
1020 603326 08/22/03 292 GOLFLANDUSA 5806349
1020 603326 08/22/03 292 GOLFL~ USA 5806349
TOTAL CHECK
1020 603327 08/22/03 296 KA~N GOTTLEIB 5806449
1020 603328 08/22/03 2046 G0VERRMENT FINANCE OFFIC 1104000
1020 603329 08/22/03 2785 GRADE TECR INC 4309116
1020 603330 08/22/03 298 GRAINGER INC 1108505
1020 603330 08/22/03 298 GRAINGER INC 1108501
TOTAL CHECK
1020 603331 08/22/03 1766 GRANITE ROCK COMPAA~/ 2708404
1020 603332 08/22/03 M GRANUCCI, JOAN 580
1020 603333 08/22/03 2500 TERRy GREENE 4239222
..... DESCRIPTION ...... SALES TAX AMOUNT
COURIER/REF C0~94 0.00 20.17
COURIER/CARDUCCI 0.00 29.72
COURIER/OAKS PROJ 0.00 21.62
0.00 71.51
PUBLIC WORKS CONTRACT 0.00 11782.79
SERVICE AGREEMENT FOR 0.00 1721.40
SUPPLIES 0.00 533.11
NATI/RE CAMP 8/13 0.00 169.00
BALANCE FOR 8/22 0.00 720.00
PARTS/SUPPLIES 15870 0.00 193.41
PARTS/SUPPLIES 24192 0.00 26.25
PARTS/SUPPLIES 15857 0.00 297.77
PARTS/SUPPLIES 15858 0.00 209.12
SUPPLIES 24267 0.00 32.91
0.00 759.46
SERVICE AGREEMENT FOR 0.00 2080.00
DAY SNEETS (500) 0.00 362.64
SERVICE CALL 0.00 392.23
REPORT COVEPS 0.00 101.75
Refund: Check - SL~ER 0.00 11.00
SUeR FINALE 17291 0.00 221.50
GOLF 8/14 17271 0.00 188.50
0.00 410.00
SERVICE AGREENENT FOR 0.00 2025.00
RUN DATE 08/21/03 TID~ 09:50:31
08/21/03 CITY OF CUPERTINO EAUB 5
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBUREEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/18/2003" and "08/22/2003"
CASH ACCT CHECK NO IESDE DT .............. VENDOR ............. FLR~D/DEPT
..... DESCRIPTION ...... SALES TAX AMOUNT
1020 603334 08/22/03 2630
1020 603335 08/22/03 899
GREGORY B. BRAGG & ASSOC 6204550
GUZZARDO & ASSOCIATES IN 4269313
1020 603336 08/22/03 315 JILL~IAFF 5806449
1020 603337 08/22/03 325 DANIEL REDDEN 1106500
1020 603338 08/22/03 2064 HOWARD G HOPE JR. 1104400
1020 603339 08/22/03 2612 RONALD WOG~ 5506549
1020 603340 08/22/03 334 HOME DEPOT/GECF 1108503
1020 603340 08/22/03 334 HOME DEPOT/GECF 2708405
1020 603340 08/22/03 334 HOME DEPOT/GECF 1108312
1020 603340 08/22/03 334 HOME DEPOT/GECF 1108503
1020 603340 08/22/03 334 WOMEDEPOT/GECF 1108314
1020 603340 08/22/03 334 WOME DEPOT/GECF 1108503
1020 603340 08/22/03 334 HOME DEPOT/UECF 5606620
1028 603340 06/22/03 334 HOME DEPOT/GECF 1108303
1020 603340 08/22/03 334 HOME DEPOT/GECF 1108315
1020 603340 08/22/03 334 HOME DEPOT/UBCF 5606640
1020 603340 08/22/03 334 HOME DEPOT/UECF 4209546
1020 603340 08/22/03 334 BOME DEPOT/GECF 2708404
1020 603340 08/22/03 334 HOME DBPOT/GECF 2708404
1020 603340 08/22/03 334 BOMEDEPOT/UBCF 1108409
1020 603340 08/22/03 334 HOME DEPOT/GECF 5606620
1020 603340 05/22/03 334 HOME DEPOT/GBCF 1108314
1020 603340 08/22/03 334 HOME DEPOT/GECF 1106500
1020 603340 08/22/03 334 HOME DBPOT/GECF 5606620
1020 603340 08/22/03 334 HOME DEPOT/GECF 5606620
1820 603340 08/22/03 334 HOME DEPOT/GECF 2708405
TOTAL C/4ECK
1020 603341 08/22/03 1951
1020 603341 08/22/03 1951
TOT~J~ CHECK
HOMES~EJID F.F.C. INC 58063~9
HOMESTEAD F.F.C. INC 5806349
1020 603342 08/22/03 1898 AUTOMATIC RAIN CO. 1108315
1020 603342 08/22/03 1898 AUTOMATIC RAIN CO. 1108314
1020 603342 08/22/03 1898 AI3TO~{ATIC R-~IN CO. 1108407
1020 603342 08/22/03 1898 AUTOMATIC P~IN CO. 1108407
TOTAL C~ECK
1020 603343 08/22/03 2027 MARSWA HOVEY 1104400
1020 603343 08/22/03 2027 MARSHA WOVEY 1104400
TOTAL CHECK
1020 603344 08/22/03 341
ICE CENTER OF CUPERTINO 9806349
W.COMP ADMIN AUG2003 0,00 1575.00
PUBLIC WORKS CONTRACT
SERVICE AGREEMENT FOR
SERVICE AGREF2~ENT FOR
0.00 1737.73
0.O0 385.00
0.00 200.00
CBRT DRILL CI~S 0,00 75.00
SERVICE AGREEMENT FOR 0.00 300.00
PARTS/SLr~PLIES 20511 0.00 46.45
P~-RTS/SUPPLIES 27267 0.00 32.12
PARTS/StrPPLIES 24276 0.00 45.97
PANTS/SUPPLIES 15809 0.00 187.12
PARTS/SUPPLIES 15810 0.00 264.58
P~RTS/SUPPLIES 20516 0.00 34.67
PARTS/SUPPLIES 15968 0.00 25.92
PARTS/SUPPLIES 15590 0.00 43.24
PARTS/SUPPLIES 24124 0.00 42.85
PARTS/SUPPLIES 15965 0.00 85.76
PARTS/SUPPLIES 17364 0.00 245.46
PARTS/SUPPLIES 24180 0.00 43.17
PARTS/SUPPLIES 15829 0.00 193.77
PARTS/SUPPLIES 20515 0.00 45.77
PARTS/SUPPLIES 15966 0.00 20.76
PARTS/SUPPLIES 24182 0.00 39,47
PARTS/SUPPLIES 16097 0.00 159.34
PARTS/SUPPLIES 15967 0.00 184.36
PARTS/SUPPLIES 15968 0.00 20.65
E~.RTS/SUPPLIES 24126 0.00 4.85
0.00 1766.28
ST~J~F BOWL B/11 17489 0.00 298.75
STAFF BOWL 8/11 17490 0.00 298.75
0.00 597.50
FY 2003-2004 OPEN PURC 0.00 350.28
FY 2003-2004 OPEN PLTRC 0.00 345.71
FY 2003-0004 OPEN P~IRC 0.00 703.90
FY 2003-2004 OPEN PLTRC 0.00 282.68
0.00 1682.57
CBRT SUPPLIES 0.00 74.97
FIRST AID COURSE 0.00 50.00
0.00 124.97
SKATING 17491 0.00 102.00
RUN DATE 08/21/03 TIME 09~50:32
- FINANCIAL ACCOUNTING
s -Yo
ISSUE DT .............. VENDOR ............. FUND/DEPT
1020 603345 08/22/03 2528 INDOOR BILLBOARD 1108314
1020 603345 08/22/03 2528 INDOOR BILLBOARD 1108312
1020 603348 08/22/03 2528 INDOOR BILLBOARD 1108302
1020 603345 08/22/03 2528 INDOOR BILLBOARD 1108315
1020 603345 08/22/03 2528 INDOOR BILLBO~*P~D 1108303
TOTAL C~ECK
1020 603346 08/22/03 1981
1020 603347 08/22/03 353
1020 603348 08/22/03 357
1020 603349 08/22/03 710
1020 603350 08/22/03 ~2004
1020 803351 08/22/03 1690
1020 603352 08/22/03 2292
1020 603353 08/22/03 M
1020 603354 08/22/03 M
1020 603355 08/22/03 M
1020 603356 08/22/03 396
1020 603357 08/22/03 ME2004
1020 608358 08/22/03 1396
1020 603358 08/22/03 1396
TOTI%L C~ECK
I~ERSTATE T~FFIC CON~R 2708404
IRON MOUNTAIN 1104300
JAVELC0 EQUIPMENT SER IN 6308840
1020 603359 08/22/03 2734 CHARLES LOR~TTA 5806249
1020 603860 08/22/03 408
1020 603360 08/22/03 408
1020 603360 08/22/08 408
TOTAL CHECK
LOS GATOS MEAT & SMOKEHO 5606620
LOS GATOS MEAT & SMOKEEO 5606620
LOS GATOS MEAT & SMOKENO 5606620
1020 603361 08/22/03 2356 LYNX TECHNOLOGIES 6109853
1020 603361 08/22/03 2356 LYNX TECHNOLOGIES 2109612
TOTAL CHECK
1020 603362 08/22/03 M Lai, Tammy 550
1020 603363 08/22/03 M Liu, Wen Ching 550
1020 603364 08/22/03 N Lowenstein, Karen 550
..... DESCRIPTION
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2008-2004 OPEN PURC
FY 2003-2004 OPEN PUEC
FY 2009-2004 OPEN PURC
T~FIC PAINT #2675A5
FY 2009-2004 OPEN PURC
PARTS 24155
SERVICE AGP~EMENT FOR
ADMISSION P~FUND BBF
SERVICE AGREEMENT FOE
SERVICE AGREEMENT FOR
Refund: Check - SUeR
Ref%~nd: Check - Cancel
Ref%knd: Check - Return
SERVICE AGREEmeNT FOR
AQUATICS BBQ SUPPLIES
FY 2003-2004 OPEN PUEC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PUEC
03/04 GIS MAINTENANCE
SERVICE AGP~EE~ FOR
Refund: Check - Cancel
Refund: Check - cancel
Refund: Check - Hanna
PAGE 6
RUN DATE 08/21/03 TIME 09:50:32
- FINANCIAL ACCOUNTING
08/21/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SELECTION C~ITERIA: transact.trans_date between "08/18/2003" and "08/22/2003"
..... DESCRIPTION ...... SALES TAX AMOUNT
1020 603365 08/22/03 M
1020 603366 08/22/03 2713
1020 603367 08/22/03 940
1029 603368 08/22/03 2405
1020 603369 08/22/03 466
1020 603370 08/22/03 1751
1020 603371 08/22/03 1228
1020 603372 08/32/03 471
1020 603372 00/22/03 471
TOTAL CHECK
1020 603373 08/22/03 475
1020 603373 08/22/03 475
TOTAL CHECK
1020 603374 08/22/03 2193
1020 603375 08/22/03 485
1020 603376 08/22/03 489
1020 603377 08/22/03 490
1020 603378 08/22/03 2206
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 493
1020 603379 08/22/03 893
1020 603379 08/22/03 493
MASSEY, C~ERYL 588
REBECCA MCCORMICK 5806449
MILPIT~ MOWERS INC 6308840
CHRIS MORTON 5806449
MPA DESIGN 1108814
MUNIFINANCIAL 3655301
MUSICAL ME, INC. 5806249
MYERS TIRE SUPPLY COMPAN 6308840
MYERS TIRE SUPPLY COMPAM 6308840
NATIONAL CONSTRUCTION P~E 4239222
NATIONAL CONSTRUCTION RE 4239222
NATIONAL NOTARY ASSOCIAT 1101500
NOTEWORTHY MUSIC SCHOOL 5806249
NSTC:NEW SPRAYER TEC~NOL 6308840
O.K. FIRE EQUIPMENT COMP 1104400
OFFICE DEPOT 1103500
OFFICE DEPOT 1101000
OFFICE DEPOT 1104310
OFFICE DEPOT 1104310
OFFICE DEPOT 1104510
OFFICE DEPOT 1107405
OFFICE DEPOT 5806249
OFFICE DEPOT 5806249
OFFICE DEPOT 1104510
OFFICE DEPOT 5806249
OFFICE DEPOT 1104510
OFFICE DEPOT 1104300
OFFICE DEPOT 1107405
OFFICE DEPOT 1108201
OFFICE DEPOT 1107301
OFFICE DEPOT 1107503
OFFICE DEPOT 1107504
OFFICE DEPOT 1101000
Refund: Check - SU~4ER 0.00 100.00
SERVICE AGREEMENT FOR 0.00 308.00
JACKSH~ ~SY 15866 0.00 214.72
SERVICE AGREEWENT FOR 0.00 2318.75
SERVICE AGREEMENT FOR 0.00 1196.72
ARBITRAGE FEE 0.00 1250.00
SERVICE AGREEMENT FOR 0.00 1993.00
~YDRAULIC JACK 15807 0.00 599.74
SUPPLIES 0.00 788.30
0.00 1388.04
7/29-8/25 LIEPu%RY 0.00 459.07
8/14-9/10 WINDSC~EWS 0.00 43.06
0.00 502.13
NOTARY SUPPLIES 0.00 38.08
FY 2003-2004 OPEN PURC 0.00 320.00
SERVICE AGREEMENT FOR 0.00 4134.00
PARTS/SUPPLIES 15869 0.00 478.54
FIRE EX FEES 0.00 87.44
OFFICE SUPPLIES 0.00 74.09
0FFICH SUPPLIES 0.00 77.88
AIRPOT 0.00 259.76
REF INV 208891683003 0.00 -259.76
OFFICE SUPPLIES 0.00 130.09
OFFICE SUPPLIES 0.00 15.62
OFFICE SUPPLIES 0.00 6.16
OFFICE SUPPLIES 0.00 43.05
OFFICE SUPPLIES 0.00 43.37
OFFICE SL~PPLIES 0.00 12.28
OFFICE SUPPLIES 0.00 86.73
OFFICE SUPPLIES 0.00 16.21
OFFICE SUPPLIES 0.00 37.53
OFFICE SUPPLIES 0.00 282.41
OFFICE SUPPLIES 0.00 22.62
OFFICE SUPPLIES 0.00 17.62
OFFICE SUPPLIES 0.00 7.00
OFFICE SUPPLIES 0.00 74.09
RUN DATE 08/21/03 TIME 09:50:32
- FINANCIAL ACCOUNTING
08/21/03 CITY OF CUPERTINO PAGE 8
ACCOUNTING PERIOD: 2/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/18/2003" and "08/22/2003"
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT
TOTAL CHECK
1020 603380 08/22/03 1190 RONALD OLDS 1103500
1020 803381 08/22/03 500
1020 803381 08/22/03 500
1020 603381 08/22/03 500
TOTAL CHECK
OPERATING ENGINEERS PUB 1104510
OPERATING ENGINEERS PUB 1104510
1020
603382 08/22/03 507 DAN OSBOE~ DBA:OSBORNE 1108503
..... DESCRIPTION ...... SALES TAX
0.00
SERVICE AGMEEMENT FOR 0.00
AMOUNT
944.75
589.37
H & W P.W. RETIP~EE 0.00 898.00
H & W P.W. RETIRE SPL 0.00 4575.00
E & W P.W. EMPLOYEES 0.00 4490.00
0.00 9963.00
TIME/MATERIALS 0.00 492.37
1020 603383 08/22/03 2692 SBC 1101500 7/08-8/07 0.00 88.64
1020 603383 08/22/03 2692 SBC 5708510 7/06-8/07 0.00 242.95
1020 603383 08/22/03 2692 SBC 1108501 7/08-8/07 0.00 88.64
1020 603383 08/22/03 2692 EBC 1108504 7/06-8/07 0.00 485.87
1020 603383 08/22/03 2692 SBC 1108503 7/06-8/07 0.00 242.95
1020 603383 08/22/03 2692 SBC 1108501 7/08-8/07 0.00 54.70
1020 603389 08/22/03 2652 SBC 1108501 7/06-8/07 0.00 242.95
1020 603389 08/22/03 2692 SBC 1101500 7/06-8/07 0.00 242.95
1020 603383 08/22/03 2692 SBC 1108503 7/08-8/07 0.00 88.64
1020 603383 08/22/03 2692 SBC 5606620 7/08-8/07 0.00 88.64
1020 603383 08/22/03 2692 SBC 1108505 7/06-8/07 0.00 242.98
1020 603388 08/22/03 2692 SBC 1108509 7/08-8/07 0.00 88.64
1020 603389 08/22/03 2692 SBC 1108504 7/08-8/07 0.00 88.64
1020 603383 08/22/03 2692 SBC 5708510 7/08-8/07 0.00 88.51
TOTAL CHECK 0.00 2375.77
1020 603384 08/22/03 M2004 PALO ALTO FAMILY YMCA 5600000
1020 603385 08/22/03 526
1020 603385 08/22/03 526
TOTAL C~IECK
PENINSULA DIGITAL IMAGIN 5609112
PENINSULA DIGITAL IMAGIN 1108101
1020 603386 08/22/08 690 PENINSLU~A FORD 6308840
1020 603386 08/22/03 690 PENINSULA FORD 6308840
TOT/fL CHECK
1020 603387 08/22/03 545 JEFF PISERCHI0 5606640
1020 603388 08/22/03 2894 P. AJA3~I PURANIK 5506549
REFUND OF ADMISSIONS
COPIES S.CRKMASTER
EMP SHEETS
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PDRC
SERVICE AGREEMENT FOR
SERVICE AGP~EEMENT FOR
0.00
0.00
0.00
0.00
1020 603389 08/22/03 509 PW SUPER~KETS INC 5806649
1020 603389 08/22/03 509 PW SUPEPd~ARKETS INC 5806649
1020 603389 08/22/03 509 PW SUPEPJ~ARKETS INC 5806349
1020 603389 08/22/03 509 PW SUPEP~METS INC 5806349
1020 603389 08/22/03 509 PW SUPERMARKETS INC 5806349
TOTAL CHECK
0.00
0.00
0.00
0.00
0.00
16.13
69.82
85.95
20.68
29.37
50.05
1956.00
1020 603390 08/22/03 M2004 R3%M JACK CALIFORNIA, INC 110
1020 603391 08/22/03 2441 REHEE RAMSEY
5806249
90.00
SIPPPLIES 22551 0.00 7.25
SUPPLIES 25277 0.00 6.37
SLrPPLIES 22557 0.00 19.00
SUPPLIES 22555 0.00 33.65
SUPPLIES 22556 0.00 13.44
0.00 79.71
0.00
0.00
21066.90
1178.75
RUN DATE 08/21/03 TIME 09:50:32
08/2i/03 CZTY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECK REGISTER - DISBURSEMENT FUND
SEI~CTION CRITERIA: transact.tr~s_date between "08/18/2003- and "08/22/2003"
C~E ACCT C~ECR NO ISSUE DT .............. V~NDOR ............. EUND/DEPT
..... DESCRIPTION ...... SALES TAX AMOUNT
1020 603392 08/82/03 590 RIUE VOSS TRUCKING INC 5208003
1020 603393 08/22/03 2482 ROBERT HALF TEC~0LOGY 6104800
1020 603383 08/22/03 2482 ROBERT HALF TECHNOLOGY 6104800
TOTAL C~ECK
1020 603394 08/22/03 2959
1020 603395 08/22/03 999
1020 603396 08/22/03 600
1020 603397 08/22/03 2883
1020 603398 08/22/03 621
1020 603399 08/22/03 959
1020 603400 08/22/03 979
1020 603401 08/22/03 1873
1020 603402 08/22/03 628
1020 603403 08/22/03 633
1020 603403 08/22/03 633
1020 603405 08/22/03 633
1020 603403 08/22/03 633
1020 603403 08/22/83 633
TOTAL C~iECK
1020 603404 08/22/03 1360
1020 603405 08/22/03 1919
1020 603406 08/22/03 M2004
1020 603406 08/22/03 M2004
1020 603406 08/22/03 M2004
1020 603406 08/22/03 M2004
TOTAL CHECK
1020 603407 08/22/03 1648
1020 603407 08/22/03 1648
TOTAL CHECK
1620 603408 08/22/03 639
1020 603408 08/22/03 639
1020 603408 08/22/03 639
1020 603408 08/22/03 639
1020 603408 08/22/03 639
ROSENDIN ELEC~IC, INC. 4269212
ROSS R~CREATION EQUIPMEN 1108312
ROTO-ROOTER SEWER SERVIC 5606680
SANTA CL~ C/~Ty FIRE DE 1104510
SANTA CLARA UNIFIED SUNO 5600000
SANTORO, ~%RK 1100000
S;~NTORO, MARK 1100000
SAVIN CORPORATION (S~PL 1104310
SAVIN CORPORATION (SUPPL 1104310
SAVIN CORPORATION (COPIE 5706450
SAVIN CORPORATION (COPIE 5806349
SAVIN CORPORATION (COPIE 5806449
SAVIN CORPORATION (COPIS 1104310
SAVIN CORPORATION (C0PIE 5806249
TRUCKING CMPST AUG03
C.FUNDERBURK W/E 8/01
C.FT~NDEP~URK W/E 8/08
0.00 700.00
0.00 1494.00
0.00 864.00
0.00 2388.00
INSTALL OUT,TS 0.00 569.88
PEDESTAL MOUNT PICNIC 0.00 3380.57
SEWER LINE CLEAN-OUT 0.00 282.50
SERVICE AGRE~NT FOR 0.00 717.90
ADVERTISEMENT BBF 0,00 2104.00
9/01-11/30/03 0.00 42.27
CAL ID FY2005-04 0.00 46997.00
P~FLT~ OF ADMISSIONS 0.00 135.00
TICKETS/PASSES AUG03 0.00 262.50
OVERCF~RGE BLDG FEES 0.00 4705.97
OVERCHARGE BLDG FEES 0.00 40.00
OVERCHARGE ELDG FEES 0.00 800.00
OVERCHARGE BLDG FEES 0.00 420.49
0.00 5966.46
4/28-7/27 P6021200058 0.00 3633.76
7/28-10/27 P602120005 0.00 936.00
0.00 4569.76
1-5060106 6/08-9/08 0.00 11.23
1-5060106 6/08-8/08 0.00 11.76
1-5060106 6/08-9/08 0.00 9.36
1-5060106 6/08-9/08 0.00 67.41
1-5060106 6/08-9/08 0.00 50.17
RUN DATE 08/21/03 TINE 09:50:32
FINANCIAL ACCOUNTING
08/21/03 CITY OF CUPERTINO
ACCOUNTING PERIOD: 2/04 CHECK P~GISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/18/2003. and "08/22/2003"
1020 603408
TOTAL C~ECK
ISSUE DT .............. VENDOR ............. FUND/DEPT
08/22/08 639 SAVIN CORPORATION (COPIE 5506549
1020 603409 08/22/03 2397
SAVIN CREDIT CORPORATION 1104810
1020 603410 08/22/03 511 SBC/MCI 1108501
1020 603410 08/22/03 511 SHC/MCI 1108501
1020 603410 08/22/03 611 SBC/MCI 1108501
TOTAL CHECK
1020 603411 08/22/03 M SCHINDLER, JASON 580
1020 603412 08/22/03 644 SCREEN DESIGNS 5806349
1020 603412 08/22/03 644 SCREEN DESIGNS 1104400
TOTAL CHECK
1020 603413 08/22/03 647
1020 603414 08/22/03 1910
1020 603415 08/22/03 659
1020 603416 08/22/03 1523
1020 603417 08/22/03 200
1020 603418 08/22/03 2987
1020 603415 08/22/03 891
1020 603420 08/22/03 671
1020 603421 08/22/03 681
1020 603422 08/22/03 684
1020 603423 08/22/03 529
1020 603424 08/22/03 2045
1020 603425 08/22/03 696
1020 603425 08/22/03 696
1020 603425 08/22/03 696
TOTAL CHECK
1020 603426 08/22/03 701
1020 603426 08/22/03 701
1020 603426 08/22/03 701
1020 603426 08/22/03 701
TOTAL CHECK
ELIZA~ET~ SHARON 5806449
SILICON SHORES INC 5806449
SKYHAWRE SPORTS ACADEM"Z 5806449
JANA SOKALE 5609112
LESLIE SOKOL DBA DANCEKI 5806449
J~JLIA SOUDERS 5806249
JOAN SPITSEN 5506549
STANDARD BUSINESS MACRIN 4239222
CONNIE BA~A STEVENS 5806449
CHERYL STODDARD 5806449
SUNGARD PENTA~TION, INC 6104800
SVCN 1104300
TADCO SUPPLY 1108505
TNDCO SUPPLY 1108505
TADCO SUPPLY 1108505
TARGET STORES 5706450
TARGET STOP, ES 1106342
TARGET STORES 5706450
TARGET STORES 1106265
PAGE 10
..... DESCRIPTION ...... SALES TAX AMOUNT
1-5060106 6/08-9/08 0.00 44.93
0.00 194.86
4-1626657 SEPT2003 0.00 137.83
#2719771 7/10-8/06 0.00 89.63
#5171195 7/01-8/01 0.00 91.63
#2522405 7/01-8/01 0.00 16.45
0.00 197.71
REFDS 224967 & 224968 0.00 60.00
SLr~R PINAI~ SHIRTS 0.00 227.33
UERT T-SHIRTS 0.00 1986.39
0.00 2213.72
SERVICE AGREEMENT FOR 8.00 644.00
SERVICE AGREEMENT FOR 0.00 9000.00
SERVICE AGREEMENT FOR 0.00 11313.60
SERVICE AGREFJ4ENT FOR 0.00 1769.60
SERVICE AGREEMENT FOR 0.00 2878.96
SERVICE AGREEMENT FOR 0.00 893.00
GRATUITY 8/14 & 22 0.00 100.00
CA~ON IR2010F COPIER 0.00 351.81
SERVICE AGREEMENT FOR 0.00 1139.00
SERVICE AGREE~NT FOR 0.00 385.00
DATALINE C~GS JULY03 0.00 44.92
FY 2003-2004 OPEN PUEC 0.00 52.25
RETUR~ 0.00 -61.90
PAXTS/SUPPLIES 0.00 18.86
PARTS/SUPPLIES 0.00 91.49
0.00 48.45
SUPPLIES 17213 0.00 39.34
SUPPLIES 22930 0.00 24.27
SUPPLIES 17213 0.00 188.73
SUPPLIES 22989 0.00 44.75
0.00 297.09
RGN DATE 08/21/03 TIME 09:50:33
- FINANCIAL ACCOUNTING
08/21/03 CITY OF CUPERTINO PAGE
ACCOUNTING PERIOD: 2/04 C~CE REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.tran$_date between "08/18/2003" and "08/22/2003"
CASR ACCT CHECK NO ISSUE DT .............. V~R ............. FUND/DEPT
1020 603427 09/22/03 1013 TAX COLLEC~R 1106506
1020 603427 08/22/03 1013 TAX COIJ~ECTOR 1108001
TOTAL CHECK
1020 603428 00/22/03 2008 TECH MUSEUM OF INNOVATIO 5806349
1020 603429 08/22/03 708 NANCY THOMPSON 5806449
1020 603430 06/22/03 709 LOU T~ 5806449
1020 603431 06/22/03 724
1020 603431 08/22/03 724
TOTAL CHECK
TURF & INDUSTRIAL EQUIPM 6308840
TURF & INDUETHIALEQUIPM 6308840
1020 603432 08/22/03 2665 ERIN TURI 5806249
1020
603433 08/22/03 725 TWISTERS GY~TICS INC 5806449
1020 603434 08/22/03 3017 ULI-T~E LT~AN LJ~ND INSTI 1107200
1020
603435 08/22/03 2226 UNITED RENTALS HIGHWAY T 2708408
1020 603436 08/22/03 310 VERIZON WIRELESS 1108501
1020 603437 06/22/03 310 VERIZON WIRELESS 1108503
1020 603437 08/22/03 310 VERIZOR WIRELESS 5208003
1020 603437 08/22/03 310 VERIZON WIRELESS 1108602
1020 603437 08/22/03 310 VERIZON WIRELESS 1102403
1020 603437 08/22/03 310 VERISON WIRELESS 1107501
1020 603437 06/22/03 310 VERIZON WIRELESS 1107503
1020 605437 08/22/03 310 VERIZON WIRELESS 1108005
1020 603437 08/22/03 310 VERIZON WIRELESS 1108102
1020 603437 08/22/03 310 VERIZ0N WIRELESS 1108201
1020 603437 08/22/03 310 RERIZON WIRELESS 1108501
1020 603437 08/22/03 310 VERIZON WIP, ELESS 1108505
1020 603437 08/22/03 310 VERIZON WIRELESS 5606620
1020 603437 08/22/03 310 VERIZON WIRELESS 6104800
1020 603437 08/22/03 310 VERIZON WIRELESS 1101200
1020 603437 08/22/03 310 VERIZON WIRELESS 1108504
TOTAL CHECK
1020 603438 08/22/03 2117 P~%DHA VIGNOLE 5606449
1020 603439 08/22/03 762 WEIGEL MECHANICAL 5606640
1020 603440 08/22/03 M RENG, J/iNET 380
1020
603441 08/22/03 766 WEST BAY S~3Mp REMOVAL I 1108408
1020 603442
1020 603442
08/22/03 779 WEST-LITE SUPPLY CO INC 1108504
08/22/03 779 WEST-LITE SUPPLY CO INC 1108501
..... DESCRIPTION ......
STOCK--IR JY03-JN04
ETOCKLMEIR J~03-JN04
ADMISSION 8/13 17262
SERVICE AGRE~YENT FOR
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
MIXED-USE FJ~FDBOOR
SIGN BLANKS 24568
#308957246 JIrLY2003
#408456999 JI/LY2003
#408456999 JULY2003
#408456999 JLFLY2003
#408456999 JI]LY2003
#408456999 0~/LY2003
#408456999 JULY2003
#408456999 JULY2003
#408456999 JULY2003
#408456999 J[/LY2003
#408456999 J~Y2003
#408456999 JI/LY2003
#408456999 JLrLY2003
#408456999 JULY2003
#408456999 JI/LY2003
#408456999 JLTLY2003
SERVICE AGREEMENT FOR
INSTALL A/C WALL UNIT
Refund: Check - SLUR
ST~P GRINDING (23)
LIGHTING SUPPLIES
SUPPLIES
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
O.O0
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
120.93
120.92
241.88
288.00
252.00
793.89
37.26
61.31
98.57
1099J50
23236.25
87.13
37.89
61.16
97.91
46.98
191.87
77.61
49.82
319.30
78.51
149.38
468.09
556.25
93.96
96.86
50.93
50.93
390.23
2718.63
931.50
1827.25
130.00
805.00
324.75
121.24
RI3N DATE 08/21/03 TIME 09:50:33
- FINANCIAL ACCOI3NTING
08/21/03 CIT~ OF CUPERTINO
ACCOUNTING PERIOD: 2/04 C~ECKREGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "08/18/2003" and "08/22/2003"
ISSUE DT .............. VENDOR ............. FUND/DEPT
08/22/03 779 WEST-LITE SUPPLY CO INC 1108501
08/22/03 3014
08/22/03 2786
..... DESCRIPTION ......
SUPPLIES
SERVICE AGREEMENT FOR
PUBLIC WORK~ CON--CT
SERVICE AGREEMENT FOR
AMOUNT
264.78
710.77
3203.00
161693.10
232,00
1005613.41
1005613.41
RLTN DATE 08/21/03 TIME 09:50:33
- FINANCIAL ACCOUNTING
'! DRAFT
RESOLUTION NUMBER 154 :
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS
AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES
AND WAGES PAID ON
August 15, 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 $ 481,954.61
Less Employee Deductions $(126,990.48)
NET PAYROLL $ 354.964.13
Payroll check numbers issued 69448 through 69752
Void check number(s)
CERTIFIED:~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September ,2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:.
APPROVED:
City Clerk
Mayor, City of Cupertino
CUPER TINO
City Hall
10300 To~e Avenue
Cupe~ino, Califomia 95014
Phone (408) 777-3312
Fax (408) 777-3366
OFFICE OF THE CITY MANAGER
AGENDA ITEM NUMBER
SUBJECT AND ISSUE
Application for Alcoholic Beverage License.
BACKGROUND
1. Name of Business:
Location:
Type of Business:
Type of License:
Reason for Application:
RECOMMENDATION
SUMMARY
~ AGENDA DATE
Marie Callender Pie Shops Inc.
Restaurant
On-Sale Beer and Wine for Bona Fide Public Eating Place
On-Sale General for Bona Fide Public Eating Place
Person to Person Transfer
Lo03
There are no use permit restrictions or zoning restrictions which would prohibit this use, and staff has no
objection to the issuance of the license.
Prepared by:
Ciddy Wordell, City Planner
Submitted by:
David W. Knapp, City Manager
G:planning/misc/abctorys2
Printed on Recycled Paper
Department of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC 211 16/991
State of California
TO: Department of Alcoholic Beverage Control
I00 Paseo de San Antonio
Room 119
San Jose. CA 95113
(408) 277-1200
DISTRICT SERVING LOCATION:
First Owner:
Name of Business:
Location of Business:
County:
Is premise inside city limits?
Mailing Address:
(If different from
premises address)
Type of license(s): 41, 47
Transferor's license/name:
File Number: 300460
Receipt Number: 1430925
Geographical Code: 4303
Copies Mailed Date: August 1, 2003
Issued Date:
SAN JOSE
MARIE CALLENDER PIE SHOPS INC
MARIE CALLENDERS 42
20750 STEVENS CREEK BLVD
CUPERTINO, CA 95014
SANTA CLARA
27081 ALISO CREEK RD
ALISO VIE JO, CA 92656
Census Tract 5077.01
388893 /PLANET BOLLY~ Dropping Panner: Yes No _.
License Type Transaction Type Fee Type Master
47 ON-SALE GENERAL ] PERSON TO PERSON TRANSF P40 Y
47 ON-SALE GENERAL I ANNUAL FEE P40 Y
47 ON-SALE GENERAL ] PREMISE TO PREMISE TRANS P40 Y
Dup Date Fee
0 08/01/03 $1,250.00
0 08/01/03 $741.00
0 08/01/03 $100.00
Total $2,091.00
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? Yes
Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the
qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the
provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SANTA CLARA Date: August 1, 2003
Under penalty of pe[iury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an
execunve officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that
he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other
than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for
which iris application is made; (4) that the transfer application or proposed transfer ia not made to satisfy the payment of a loan or to fulfill an
agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or
establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may
be withdrawn by either the applicant or the licensee with no resulting liability to th~ Department.
Applicant Name(s) Applicant Signature(s)
MARIE CALLENDER PIE SHOPS INC .q'~- 211 ,qi~natnre Page
· This form is to be used as the signature page for
applications not signed in the District Office.
· Read insCr~ct~Dns on reverse befDre cam p~t~ng.
· All signatures must be notarized in accordance with
laws of the State where signed.
State of California
APPLICATION SIGNATURE SHEET eSPN ON")
OWNERSHIP F*'PE (Chsck or.e)
Sole Owner
[] Partnership
[] Husband & Wife
[] Partnership-Ltd
2 F~LE NUMSER (if any) 3. LICENSE TYPE TRANSACTION ~'PE
[~erson to Person Transfer
47 [] Exchange [~Premise to Premise Transfer
[] Other
fi. APPUCANT(S) NAME %
6. APPLICANTS MAILING ADDRESS (E~eel address/P.O, t~x. city. sta~e, zip code)
27081 Alisa Creek Road, Alisa Creek CA 92656
Department of Alcoholic Beverage Co~rol
[~d2orporation
[] Limited Liability Company
[] Other
20750 Stevens Creek Blvd. Cupertino CA 95014
APPL~ANT'S C ER T~e~2AT~ N
Under penalty of perjury each person whose signature appears
below, certifies and says: (1) He/She is an applicant, atone of
the applicants, or an executive officer of the applicant
corporation named in the foregoing application, duly authorized
to make this application on itsbehalf; (2) that he/she has read
the foregoing and knows the contents thereof and that each of the
above statements therein made are true; (~) that no person other
than the applicant or applicants has any direct or indirect interest
in the applicant or appIicant's business to be conducted under the
license(s) for which this application is made (4) that the transfer
application or proposed transfer is not made to (a) satisfy the
payment of a loan or to fulfill an agxeement entered into more than
ninety (90) days preceding the day on which the transfer
application is filed with t[:ie Department, (b) to gain or establish a
preference to or for any creditor or transferor, or(c) to defraud or
injure any creditor or transferor; (5) that the transfer application
may be withdrawn by either the applicant or the licensee with no
resulting liability to the Department.
I understand that if I fail to qualify for the license or withdraw this
.application there will be a service charge of one-fourth of the
hcense fee paid, up to $100.
SOLE OWNER
[G NATURE DATE SIGNED
PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only)
9, PARTNER'S PRINTED NAME (Last. fim~ middle) SIGNATURE DATE SIGNED
X
PARTNER'S PRINTED NAME (Last, flint, middle) SIGNATURE DATE SIGNED
X
PARTNER'S PRINTED NAME {Last, first, middle) SIGNATURE DATE SIGNED
X
James W. Stryker
TITLE Executive
[] President [] Vice President [] Cha~mn ofll~i[ard ~ff
Charles A. Conine
[~ Secretary [] Asst. Secretary []Chief Financial Officer []Asst. Treasurer
DATE S,G~E~ 14 / 0 3
~TE Sm"7E~ 14/03
LIMITED LIABILITY COMPANY
11. The limited liability company is member-run [--[Yes ]-]No (Ifno, complete ltem #12 below)
12. NAME OF DESIGNATED MANAGER, MANAGING MEMSER OR DESIGNATED OFFICER (Last, tim% middle) ABC INITIALS/DATE ~ABC uee
13. MEMBER'S PRINTED NAME (Last. flint, middle) ~,GNATURE DATE SIGNED
MEMBER'S PRINTED NAME (Last, fwst. middle) ~vIGNATURE OATE SIGNED
Notary Acknowledgement
State , countyof
,~f_~S bO. -SJCC~C,J"' , personally known to me - OR - proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (les), and
that by his/her/their signatures on the instrument the person(s), or the entity
upon behalf of which their person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY IMPRESSION HERE
SIGNATURE
CommiSsion # 1383235 !~,
Notary Public - California ~>
] ~1~7.,~ Orange County ~'
My Camm, £xp~e$ Nov 4, 2006 t
Notary Acknowledgement
State of (, ..o-tlA-'o-r ~ , County of
On ,~ ~ l q,'?~O3 before me, ~'"~J~-z', pemonally appeared
~~ A. ~~ , personally known to me-OR- proved to
me on the basis of satisfa~o~ evidence to be the pemon(s) whose name(s)
is/are subscribed to the within in~rument and ac~owledged to me that
he/she/they executed the same in his/hed~eir au~orized ~paci~(ies), and that
by his/hedtheir signatures on the instrument ~e pemon(s), or the enti~ upon
behalf of which their person(s) a~ed, ~ecuted ~e in~rument.
WITNESS my hand and official seal.
NOTARY IMPRESSION HERE
NO~Y SIGNATURE
~/~ CommiSsion # 1383235
J ~ Notary Pubic - California
] ~.~'j;l~.,~ Orange County
1 ~ My Cornm, Expires Nov 4, 2006
CUPERTINO
City Hall
10300 Torre Avenue
Cupertino, California 95014
Phone (408) 777-3312
Fax (408~ 777-3366
OFFICE OF THE CITY MANAGER
SUMMARY
AGENDA ITEM NUMBER
SUBJECT AND ISSUE
AGENDA DATE_~¢{-~ Z
Application for Alcoholic Beverage License.
BACKGROUND
1. Name of Business:
Location:
Type of Business:
Type of License:
Reason for Application:
20956 Homestead Rd., gA
(Southeast comer of Homestead Road and Stelling Road)
Restaurant
On-Sale Beer and Wine for Bona Fide Public Eating Place
Person to Person Transfer
RECOMMENDATION
There are no use permit restrictions or zoning restrictions which would prohibit this use, and staff has no
objection to the issuance of the license.
Prepared by:
Submitted by:
David W. Knapp, City Manager
G:planning/misc/abctorys2
Printed on Recycled Paper
Dcp.,ftmcnt of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
State of California
TO: Dcpaptment of Alcoholic Beverage Control
100 Pasco de San Antonio
Room 119
San Jose. CA 95113
(4081 277-1200
D1STRICT SERVING LOCATION:
FipsI Ownep:
Name ol Business:
Location of Business:
ls premise inside city limits'?
Mailing Address:
(If different fpom
premises address)
Type of license(si: 41
Transferor's license/name:
File Number: 403414
Receipt Number: 1431640
Geographical Code: 4303
Copies Mailed Date: August 7, 2003
Issued Date:
SAN JOSE
AFFINITY ENTERPRISE GROUP INC
20956 HOMESTEAD RD A
CUPERTINO, CA 95014
SANTA CLARA
Census Tract 5078.06
295349 /LIU JACK T
Dropping Partner: Yes
No__y__
License Type Transaction Tvt~e Fee Type Master Duo
41 ON-SALE BEER AND PERSON TO PERSON TRANSF NA Y 0
41 ON-SALE BEER AND ANNUAL FEE NA Y 0
41 ON-SALE BEER AND STATE FINGERPRINTS NA N 4
Date Fee
08/07/03 $150.00
08/07/03 $276.00
08/07/03 $156.00
Total $582.00
Have you ever been convicted of a felony'? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act'? No
Explain any "Yes' answer lo the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (al that any manager employed in an on-sale licensed premise will have all the
qualifications oi' a licensee, and (b) that he will not violate or cause or permit to be violated any of the
provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SANTA CLARA Date: August 7, 2003
Under penahy {)~ pednry each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an
exectmve t*tficer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; i2) that
he has read the Iorcgoing and knows the contents thereof and that each of the above statements therein made are true: (3) that no person other
than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the lice'nsc(si for
which this application ~s nladc; (41 that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an
agreement enlured into more than ninety (901 days preceding the day on which the transfer application is filed with the Department or to gain or
establish a prelerencc Io or ft~r any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may
be wdhd~awn /~y either the applicant or the licensee with no resulting liability to the Department.
Applicant Name(s) Applicant Signature(s)
AFFINITY ENTERPRISE GROUP INC Rue 211 ~qignntnr~ l~age
State of Califomia
APPLICATION SIGNATURE SHEET ("SIGN ON")
· This form is to be used as the signature page for
applications not signed in the Distdct Office.
· Read instructions on reverse before completing.
· All signatures must be notarized in accordance with
~aws of the State where signed.
1. OWNER. SHiP TYP~ (Check
Sole Owner
partnership
[] Husband & Wife
[] Partnership-Ltd
Department of Alcoholic Beverage Control
LCorporation
imited Liability Company
2. FILE NUMBER (if ~y) 3. LICENSE TYPE 4. ~ISAOI'ION TYPE
[] Original Ji~Person to Person Transfer
[] Exchange [] Premise to Premise Transfer
APPLICANT'$ CERTIFi~A TION
Under pcnsl~ of perjur~, each person whose signEture appears
below certifies and says: (l) He/She is an spplicant, or one of
the applicsnts, or an executive officer of the applicant
sorporEtion named in thc foregoing application duly authorized
to make this spplication on itsbchslt'; (-2) thst he/she hss read
the foregoing and knows thc contents thereof and that each of thc
above statomcnts therein msde Ere true; (3) that no person other
than the applicant or applicants has any direct or indirect interest
in the applicant or apphcant's business to be conducted under the
license(s) for which mis application is made; (4) that the transfer
application or proposed transfer is not made to (a) satisfy the
payment of a loan or to fulfill mu agreement entered into more than
ninety (90) days preceding the day on which the transfer
application is filed with the Department, (b) to gain or establish a
prefcrencs to or for any creditor or transferor, or(c) to defraud or
resulting liability to the Department.
I umfel~tand that ifl fall to qualify for the license or withdraw this
.application there will be a servmo charge of one-fourth of the
hcense fee paid, up to $100.
SOLE OWNER
PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only)
X
X
X
CORPORATION
./q,~ ~Prcsident [] Vice President [] Chairman of the Board
~O NA~E (ge. st, flint, middle) [ SIGNAT~ ~ ~ .. ~ ~ DA~ SIGNED
{~x,Secretary [] Asst. Secretary [] ChiefFinanmal Officer [-']Asst. Tr6a&0rer
LIMITED LIABILITY COMPANY
11. The limited liability company is member-run [] Yes [] No (If no, complete Item #12 below)
12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, flint, middle) ABC INITIALS/DATE (ABC a~e o~y)
la, MEMBER'S PRINTED NAME (La~t, Srst, middle) DATE SIGNED
MEMBER'S PRINTED NAME (Last, tirol middle)
DATE SIGNED
ABC-211-SIG (2/03)
"SIGN ON"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~_/~ //-~o/'~/~
Countyo! ~d',¢,,-¢//(¢ ~-/~ "~
Ont//~c~c¢.../ ~, ~c~oo> beforeme,
personally appeared .--.T-~ ~/2.~
Name and 'Rtle of Officer (e.g,, "Jane Doe, Notary Public")
Name(s) o! Signer(s)
personally known to me - OR -~[,proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(les), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reatlachment of this form to another document.
Description of Attached Document
Titte or Type of Document: ,/~//~ (~-"' ~//
Document Date: 0~/~ 5x",/~ Z
Signer(s) Other Than Named Above: //k/'~/~. ~
Capacity(les) Claimed by Signer(s)
Signer's Name:
Signer's Name;
NUmber of Pages:
Individual
Corporate Officer
Title(s):
[] Individual
~ Corporate Officer ,
Title(s): ~/' ~.5,''o~.~t! $¢c./
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Top of thumb here
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
Signer Is Representing:
DRAFT
RESOLUTION NO. 03-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO APPROVING DESTRUCTION OF CERTAIN
RECORDS (CITY CLERK'S OFFICE AND CITY MANAGER'S
OFFICE)
WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02-
037 establish roles and regulations for records retention and destruction; and
WHEREAS, it has been determined that certain records in excess of two years old
no longer contain data of any historical or administrative significance; and
WHEREAS, the departmental request for permission to destroy all said records in
excess of two years old has been approved by the City Clerk and the City Attorney
pursuant to Resolution Nos. 8894 and 02-037;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino authorizes destruction of the records specified in the schedule attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
No. (to be used File Name, Project name
for microfiche or Developer
card #)
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: __ of__ - File Name: City Clerk August 2003
Resolution which authorized destruction:
File Number, Resolution, Subject, Application, Address or Location
Ordinance, Application Permit (if any)
Number
Date ranges I Enter
(or mostI M = to be microfilmed
recent date) D = to be destroyed
General Plan 1-GPA-80 Community design 5/23/83 D
Amendment and appearance
Technical Appendix
-A
General Plan 1-GPA-80 Economic Analysis 5/23/83 D
Amendment
Technical Appendix
-C
General Plan 1-GPA-80 Background 5/23/83 D
Amendment Phase II Report/Deir
General Plan 1-GPA-80 Air Quality Impact 5/23/83 D
Amendment and Mitigation
Technical Appendix Measures
-D
General Plan 1-GPA-80 Background 5/23/83 D
Amendment Phase I Report/Deir
General Plan 1-GPA-80 Traffic 5/23/83 D
Amendment Methodology and
Technical Appendix Analysis
-B
General Plan 1-GPA-80 General Plan 5/23/83 D
Amendment Amendment
Solid Waste Report July 1986 D
Management
Committee
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of - File Name: City Clerk August 2003
Resolution which authorized destruction:
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
File Number, Resolution, I Subject, Application,
Ordinance, ApplicationI Permit
Number
Address or Location Date ranges
(if any) (or most
recent date)
Enter
M = to be microfilmed
D = to be destroyed
REQUIRED
Clearlake 630 Staff reports and 7/9/80 to D
Development appeal of 24-Z-80 2/16/82
Company
11-TM-81, 49-Z-80,
32-U-80, 24-Z-80,
12-U-80,
Personnel Misc. 174 Staff reports: RFP 1988 D
for City Manager,
authorized
positions, annual
affirmative action
report, retired
employee health
benefits budget
adjustment
Traffic 108 Staff reports: 1988 D
parking restrictions,
U-tum on De Anza
at McClelland
Solid Waste 107 Staff reports 1987 D
Villas at Lake 730 Environmental 1988 D
Mariani Assessment report,
correspondence,
traffic analysis
Page
No. (to be used
for microfiche
card #)
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: __ of - File Nmne: City Clerk August 2003
Resolution which authorized deslmction:
File Name, Project name Ad&ess or Location
or Developer (if any)
File Number, Resolution, Subject, Application,
Ordinance, Application Permit
Number
Date ranges
(or most
recent date)
Enter
M - to be microfilmed
D - to be destroyed
REQUIRED
Housing Element of 106.5 Community 1980- D
Cupertino Development Block 1984
Grant Allocation
staff reports,
correspondence
from Dept. of
Housing and
Community Dev.
Varian Park Chain 100 Copy of Certificate 1980-81 D
Link Fence of Completion and
Installation, Project Notice of
80-01 Acceptance of
Completion
Community 106.4 Staff reports: 3-year 1981-84 D
Development Block housing assistance
Grant Funds plan, CDBG for 84-
85, revisions to 83-
84, 2~a amendment
to credit agreement,
housing rehab.
Program
Annexation - Creston 466 Correspondence 1980 D
regarding
annexation
Richard, Childress, 409 Staff reports for 1978- D
Lambert, Newman, different 1982
Douglas applications
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Deparlment: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of__ - File Name: City Clerk August 2003
Resolution which authorized destruction:
No. (to be used File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges Enter
for microfiche or Developer Ordinance, Application Permit (if any) (or most M = to be microfilmed
card #) Number recent date) D = to be destroyed
REQUIRED
Condominium 360 Correspondence and 1978- D
Conversion staff reports 1983
regarding
Condominium
conversion of
Valley Green Apts.
Jarvis Initiative 346 Correspondence 1978- D
1980
Sign Ordinance 335 Staff reports and 2/77 to D
correspondence 12/82
Staff reports and 1981 D
correspondence
relating to traffic
and parking
resthctions
Street Maintenance 249 Staff reports and 1981 D
memos
Santa Clara Valley 112 Correspondence 1979- D
Water District 1982
Highway 85 590 Correspondence 1988- D
1989
Weed abatement 281 Staff reports 1988 D
Solid Waste 107 Staff reports and 1981 - D
correspondence 1984
Hazardous Materials 822 Correspondence and 1982- D
File #1 Shell Oil Company 1984
presentation
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of - File Name: City Clerk August 2003
Resolution which authorized destruction:
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
Revenue and taxes
File Number, Resolution,
Ordinance, Application
Number
Subject, Application, I Address or Location
Permit I (if any)
Date ranges Enter
(or most M ~ to be microfilmed
recent date) D = to be destroyed
REQUIRED
235
Correspondence and
staff reports
1984 D
Page
RECORDS INVENTORY FOR MICROFILMiNG OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of__ - File Name: August 13, 2003
Resolution which authorized destruction:
No. (to be used File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges Enter
for microfiche or Developer Ordinance, Application Permit (if any) (or most M ~ to be microfilmed
card #) Number recent date) D = to be destroyed
REQUIRED
Reports on council 5.4 Memorandums to 1971 D
actions - D.A.S. department heads
regarding city
council action
reports
Management 8.8 City Council and 1970- D
Consulting Services City Manager 1971
correspondence and
appraisal logs
Special reports and 8.6 Memorandums to 1971 D
memos to City City Council,
Council miscellaneous
correspondence,
Commission N/A Memorandums and 1969- D
Appointments miscellaneous 1971
correspondence,
Proclamations 6.7 Various 1971- D
proclamations 1972
Personnel Board 6.5 Memorandums, 1971 D
correspondence,
reports, codes
Mayor Gary G. N/A Correspondence, 1971 D
Stokes various address and
Library Dedication - contact lists
April 10, 1971
Personnel 5.5 Miscellaneous 1971 D
Correspondence memos and
correspondence
Page
No. (to be used
for microfiche
card #)
RECORDS INVENTORY FOR MICROFILMiNG OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: __ of__ - File Name: August 13, 2003
Resolution which authorized destruction:
File Name, Project name Subject, Application, Address or Location
or Developer Permit (if any)
File Number, Resolution,
Ordinance, Application
Number
Date ranges Enter
(or most M = to be microfilmed
recent date) D = to be destroyed
REQUIRED
Mayor Stokes' N/A Miscellaneous 1970- D
Correspondence memos and 1971
1970-71 correspondence
Tax Correspondence 5.10 Memos, 1971 D
correspondence,
news article
Business License 5.11 Memorandums, 1971 D
Correspondence correspondence,
insurance
information
City Council 6.0 Miscellaneous 1971 D
Correspondence correspondence
City Attorney 4.0 Miscellaneous 1970- D
Correspondence from correspondence and 1971
1-1-70 memorandums
Director of Public 7.2 Memos from Public 1971 D
Works Reports Works Director to
City Council and
City Manager
y Acquisition of 7.9 Memos and 1971 D
Property correspondence
regarding the
acquisition of
certain properties in
Cupertino
Public Works 7.1 Miscellaneous 1969- D
Engineering Memos correspondence and 1971
memos
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: __ of__ - File Name: August 13, 2003
Resolution which authorized destruction:
No. (to be used File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges Enter
for microfiche or Developer Ordinance, Application Permit (if any) (or most M = to be microfilmed
card #) Number recent date) D = to be destroyed
REQUIRED
Public Works 7.0 Miscellaneous 1971 D
Engineering correspondence and
Correspondence memos
Council 6.13 Correspondence and 1971 D
Appointments to appointment lists
Committees
Director of 5.0 Miscellaneous 1971 D
Administrative memos and
Services correspondence
Correspondence
City Clerk - Finance 5.3 Miscellaneous 1971 D
Director Reports memos,
1971 correspondence,
and agenda reports
City Manager's 8.3 Miscellaneous 1970- D
Reports to City correspondence and 1971
Council City Managers'
reports to council;
Staff Meetings 1.0 Miscellaneous 1971 D
Memos
Building Department 2.0 Miscellaneous 1971 D
Correspondence correspondence and
memos
Cupertino Chamber 3.0 Calendars, 1970- D
of Commerce directories, guides, 1971
business briefs,
correspondence and
memos
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of__ - File Name: August 13, 2003
Resolution which authorized destruction:
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
File Number, Resolution,
Ordinance, Application
Number
Subject, Application, Address or Location
Permit (if any)
Date ranges
(or most
recent date)
Enter
M - to be microfilmed
D - to be destroyed
REQUIRED
Blaney Avenue 7.11 Engineer's report, 1971 D
Assessment District final spread,
memorandum
City Manager Memos 8.2 Miscellaneous 1971 D
to Department Heads memos and
correspondence
City Manager 8.3 Miscellaneous 1971 D
Reports to Council memos,
correspondence,
and reports
City Manager 8.1 Miscellaneous 1971 D
Correspondence correspondence
1-1-71
Pedestrian.Over- 7.21 Memos, site plans, 1970 - D
crossing Over West reports, and 1971
Valley Freeway correspondence
Bicycle Lanes, Etc. 7.20 Correspondence 1971 - D
1972
Tantau Over-crossing 7.18 Correspondence 1968- D
1971
Signalization 7.17 Memo and 1971 D
Correspondence
Stevens Freeway 7.16 Site maps, exhibit 1968- D
(proposed street 1970
pattern) Peninsula
Avenue
Page
RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION
Department: City Clerk Contact: Kimberly Smith or Grace Johnson
Page: of - File Name: August 13, 2003
Resolution which authorized destruction:
No. (to be used
for microfiche
card #)
File Name, Project name
or Developer
File Number, Resolution,
Ordinance, Application
Number
Subject, Application,
Permit
Address or Location
(if any)
Date ranges Enter
(or most M = to be microfilmed
recent date) D = to be destroyed
Cupertino-Monta N/A Opposition to the 1954 D
Vista Improvement zoning plan, news
Association articles, reports
Community Fact- N/A Questionnaire, Final 1954 D
finding Committee Report prepared by
Community Fact-
finding Committee
Felton Assessment N/A Engineer's report 1976 D
District for Felton
Assessment District
Project No. 75-6
I
Page
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: September 2, 2003
SUBJECT AND ISSUE
Approve the second restated and amended Joint Exercise of Powers Agreement (JPA) creating
the Silicon Valley Animal Control Authority (SVACA). This amendment changes voting
requirements, who can be designated as a board alternate and the formula for reimbursement of
excess reserves to a withdrawing agency.
BACKGROUND
With the withdrawal of the City of Sunnyvale, the board membership and voting fights needed to
be revisited and reallocated among the remaining six SVACA cities. This amendment designates
two directors from the City of Santa Clara with two votes each and one director from each of the
other member cities with one vote each. No director can vote by proxy and the alternate for each
director must be another council member from that city. Technical Advisory Committee (TAC)
members are to advise both the General Manager and the Board.
As a result of the staff analysis performed in 2002, several areas in the current JPA agreement
were unclear and did not provide protection to the member agencies in case of withdrawal of
members. This amendment clarifies distribution of excess operating reserves and holds agencies
to any long-term shelter obligations.
RECOMMENDATION
Staff recommends that the Council approve the amendment to the JPA agreement.
Submitted by:
Approved for submission:
C ar"~T/A. Atwood
Director of Administrative Services
David W. Knapp
City Manager
Pdnted on Recycled Paper
SECOND RESTATED AND AMENDED
JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE SILICON VALLEY ANIMAL CONTROL AUTHORITY
THIS AGREEMENT is made and entered into as of the Effective Date (set forth in Section
2.3) by and among the Member Agencies (defined in Section 1.12 below) signatory hereto, each of
which is a public entity duly organized and existing under the Constitution and other laws of the
State of California.
RECITALS:
The following Recitals are a substantive portion of this Agreement:
WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of
California (commencing at Section 6500) authorizes the Member Agencies to enter into an
agreement for the joint exercise of any power common to them and, by that agreement, create an
entity that is separate from each of the Member Agencies; and
WHEREAS, each of the Member Agencies possess the power to provide for the Animal
Control Services (defined in Section 1.3), including animal field services, animal shelter services,
and dead animal services within their respective Jurisdictional Area (defined in Section 1.4 herein
below); and
WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond
proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code
of the State of California; and
WHEREAS, this Agreement is an appropriate means through which the Member Agencies
may provide the Animal Control Services because the Jurisdictional Areas of the Member Agencies
are in close proximity to one another and are susceptible of being served by the Animal Control
Services and related Joint Facilities (defined in Section 1.10) under common administration and
management and with the same equipment, resources and personnel; and
WHEREAS, the Member Agencies desire to share their animal control expertise and to
optimize their expenditures in connection with the provision of the Animal Control Services and
related Joint Facilities; and
WHEREAS, the separate provision, management and administration of the Animal Control
Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member
Agencies and using separate facilities, resources and personnel may result in duplication of effort,
inefficiencies in administration and excessive costs, all of which, in the judgment of the Member
Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of
the citizens and taxpayers of all of the Member Agencies, if the provision of the Animal Control
Services and the administration and management of the related Joint Facilities employing common
equipment, resources and personnel, were to be performed by and through a single public entity and
the creation of such a single public entity is the purpose of this Agreement;
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 1 of 21
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FACTS STATED ABOVE,
THE MUTUAL ADVANTAGES TO BE DERIVED, AND THE MUTUAL COVENANTS
CONTAINED HEREIN, IT IS AGREED BY AND AMONG THE MEMBER AGENCIES
HERETO AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 1. Unless the context otherwise requires, the words and terms defined in this Article shall
have the meanings specified.
Section 1.1. Act. "Act" means Article 1, Article 2, Article 3, and Article 4 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code,
as it may be amended from time to time.
Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement as it
now exists or as it may from time to time be amended, supplemented or as it may be
modified by the addition of signatory parties or by any other supplemental agreement or
amendment entered into pursuant to the provisions of this Agreement.
Section 1.3. Animal Control Services. "Animal Control Services" means those services
enumerated on "Exhibit A," entitled "Animal Control Services," attached hereto and
incorporated herein by this reference.
Section 1.4. Area. "Area" and "Jurisdictional Area" mean that area within the respective
jurisdictions of the Member Agencies.
Section 1.5. Authority. "Authority" means the Silicon Valley Animal Control Authority
created pursuant to this Agreement.
Section 1.6. Board of Directors. "Board of Directors" means the governing board of the
Authority referred to in Section 1.5 and more particularly described in Section 2.5 herein
below. "Director" means an individual member of the Board of Directors.
Sectionl.7. BondLaw. "BondLaw"meansArticle4ofChapter5ofDivision7ofTiflel
of the California Government Code, as the same may have been or may hereinafter be
amended from time to time, or any other law hereafter legally available for use by the
Authority in the authorization and issuance of bonds to finance needed public facilities.
"Bonds" means any bonds issued pursuant to Bond Law.
Section 1.8. Executive Director. "Executive Director" means the employee of the
Authority directly responsible to the Board of Directors and primarily responsible for the
managerial oversight of the operations of the Authority as further described in Section 3.6.
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 2 of 21~
Section 1.9. Fiscal Year. "Fiscal Year" means the period from July 1 st to and including
the following June 30th.
Section 1.10. Joint Facilities. "Joint Facilities" means the animal control facilities,
equipment, resources, and property to be owned, leased, managed and operated by the
Authority pursuant to Article V and Section 7.1, and, if and when acquired or constructed,
any improvements and additions thereto.
Section 1.11. Legislative Bodies. "Legislative Bodies" means the city or town councils of
the Member Agencies of the Authority. "Legislative Body" means any such individual city
or town council.
Section 1.12. Member Agencies orMemberAgency. "Member Agencies" means all of the
public agencies signatory to this Agreement, which, as of the initial Effective Date of this
Agreement, are the City of Campbell, the City of Cupertino, the City of Monte Sereno, the
City of Santa Clara, the City of Saratoga, and the Town of Los Gatos. "Member Agency"
means any such individual public entity.
Section 1.13. Quorum. Except as may otherwise be required hereunder or by law, "quorum"
means the presence of a sufficient number of Directors to constitute at least 5 votes and to
represent a majority of the Member Agencies.
Section 1.14. Rules of the Board. "RulesoftheBoard"meansthebylaws, rules, regulations
and other operational and organizational directives of the Board of Directors for the conduct
of its meetings and other affairs as further described in Section 2.9.
Section 1.15. Secretary. "Secretary" means the Secretary of the Board of Directors as
further described in Section 3.2.
Section 1.16. Treasurer. "Treasurer" means the financial director and finance manager of
the Authority having the responsibility and accountability for the Authority's funds as further
described in Section 3.3.
ARTICLE II
GENERAL PROVISIONS
Section 2.1. Purpose. The purpose of this Agreement is to create the Authority to provide for the
joint exercise of powers by the Member Agencies to own, manage, operate and maintain the Joint
Facilities and to implement the financing, acquisition and construction of additions and
improvements thereto and any additional facilities and property later acquired, owned or managed by
the Authority and included in the Joint Facilities and thereafter to manage, operate and maintain the
Joint Facilities, as so added to and improved, all to the end that the residents of the Area are provided
with a more efficient and economical provision of the Animal Control Services and related services
consistent with the purposes of this Agreement, and, if necessary, to issue and repay revenue bonds
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 3 of 21 t~t.~
of the Authority pursuant to the Bond Law. Each of the Member Agencies is authorized to exemise
all powers (except the power to issue and repay revenue bonds of the Authority) pursuant to its
organic law and the Authority is authorized to issue and provide for the mpayrnent of revenue bonds
pursuant to the provisions of the Bond Law.
Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to
be known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant to
Section 1.5. The Authority, which shall administer this Agreement, is a public entity separate and
apart from the Member Agencies and each of them.
Section 2.3. Effective Date of Agreement. This Agreement shall become effective when signed
and executed by all Member Agencies listed in Section 1.12 (the "Effective Date") and shall
supercede any prior agreements executed.
Section 2.4. Term. This Agreement shall become effective on the Effective Date set forth in
Section 2.3 and shall continue in effect until such time as all Bonds (if any) and the interest thereon
issued by the Authority under the Bond Law or the Act shall have been paid in full or provision for
such full payment shall have been made, and thereafter until such time as the Authority and the
Member Agencies shall have paid all sums due and owing pursuant to this Agreement or pursuant to
any contract executed pursuant to this Agreement, and thereafter until terminated pursuant to Article
IX.
Section 2.5. Governing Board. The Authority shall be administered by a Board of Directors
consisting of seven (7) Directors, as follows: two (2) Directors appointed by the Legislative Body of
the City of Santa Clara, one (1) Director appointed by each of the Legislative Bodies of the cities of
Campbell, Cupertino, Monte Sereno and Saratoga and the Town of Los Gatos.
Section 2.5.1. All voting power of the Authority shall reside with the Board of Directors.
Section 2.5.2. The Board of Directors shall be called the "Board of Directors of the Silicon
Valley Animal Control Authority."
Section 2.5.3. Each Director shall be a member of the Legislative Body of the Member
Agency that appointed that Director.
Section 2.5.4. Each Legislative Body shall appoint an altemate Director for that Member
Agency. The alternate Director may act as the Director in the absence of the Director
appointed by that Legislative Body. The alternate Director shall also be a member of the
Legislative Body that appointed the alternate Director.
Section 2.5.5. All Directors and their alternates shall serve at the pleasure of the Member
Agency that appointed them.
Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective
Legislative Body within thirty (30) days of the effective date of the vacancy or as soon
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 4 of 21 t~ ~- ~
thereafter as the Legislative Body may legally act. Any Director or alternate Director shall
cease to be a Director when such person ceases to hold office as a council member of the
respective appointing Legislative Body.
Section 2.5.7. Each Director may receive reimbursement for the reasonable and necessary
expenses incurred in the performance of their duties, as provided in the Rules of the Board.
Section 2.6. Meetings of the Board of Directors. All meetings of the Board of Directors shall be
public meetings unless a specified closed session is held in accordance with the California
Government Code.
Section 2.6.1. Regular Meetings. The Board of Directors shall provide for regular meetings
at a date, time, and place fixed by the Rules of the Board.
Section 2.6.2. Special Meetings. Special meetings and emergency meetings of the Board of
Directors may be called in accordance with State law.
Section 2.6.3. Call, Notice, and Conduct of Meetings. All meetings of the Board of
Directors, including without limitation, regular, adjourned regular, and special meetings,
shall be called, noticed, held, and conducted in accordance with the provisions of Section
54950, et seq., of the California Government Code, as may be amended from time to time.
Section 2.7. Required Votes; Approvals.
Section 2.7.1. Subject tO Section 2.7.2 below, five (5) affirmative votes of the Board of
Directors shall be required for the Board of Directors to take any action provided a quorum is
present.
Section 2.7.2. Notwithstanding the provisions of Section 2.7.1 above, the affirmative votes
of at least two-thirds (2/3) of the Board of Directors shall be required for the Board of
Directors to propose an amendment to or termination of this Agreement; to approve the
addition of new Member Agencies to this Agreement; to approve the issuance of any Bonds
or the restructuring of any Bond financing; to approve any budget actions requiring increased
amounts to be paid by a Member Agency over and above approved budget appropriations;
and to modify the Member Agencies' contributions to Operating Costs pursuant to Section
6.3.2 below.
Section 2.8. Voting. The two Directors from the City of Santa Clara shall each have two votes at
each meeting of the Board at which they are present. The Directors from the other Member Agencies
shall each have one vote. No Director may vote by proxy at any Board meeting at which such
Director is absent.
Section 2.9. Rules of the Board. The Board of Directors shall adopt and from time to time amend
the Rules of the Board as are necessary or convenient in the determination of the Board of Directors
to achieve or facilitate the purposes hereof.
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 5 of 21 t'n/
Section 2.10. New Members. It is the intent of the member entities to provide, to the extent
permitted by law, for the inclusion at a subsequent date of such additional public entities,
organized and existing under the Constitution or laws of the State of California, as may desire to
become paffles to this Agreement and members of the Authority. The Board shall review all
applications for participation in the Authority. Those entities seeking membership must be
approved by the affirmative vote of a two-thirds majority of the entire Board of Directors.
Entities applying under this Article shall be required to pay their share of capital and operating
expenses, as determined by the Board. Cash contributions for entities joining the Authority at
other than the beginning of the Authority's fiscal year, shall be prorated for the remainder of the
fiscal year.
ARTICLE III
ORGANIZATIONAL STRUCTURE
OFFICERS AND EMPLOYEES
Section 3.1. Chairperson and Vice-Chairperson. The Board of Directors shall elect a Chairperson
and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall each
serve a one year term. In the event of the disqualification or permanent inability of the Chairperson
to serve as the Chairperson during their term, the Vice-Chairperson shall assume the duties of the
Chairperson for the remainder of that term and the Board of Directors shall elect a new Vice-
Chairperson for the remainder of that term.
Section 3.1.1. The Chairperson shall be authorized to sign all resolutions of the Board of
Directors and all contracts on behalf of the Authority and shail perform such other duties as
may be imposed by the Board of Directors, consistent with the terms and provisions of this
Agreement and the Rules of the Board.
Section 3.1.2. The Vice-Chairperson shall be authorized to act as the Chairperson, exercise
all of the powers of the Chairperson, and perform ail of the duties of the Chairperson in the
temporary absence of the Chairperson.
Section 3.1.3. The Board of Directors, as a part of its approval of any contract, may
authorize the Executive Director to execute the contract on behalf of the Authority.
Section 3.2. Secretary. The Executive Director shall be the Secretary to the Board of Directors,
perform such other duties as may be imposed upon the Secretary by the Board of Directors, and
cause a copy of this Agreement to be filed with the California Secretary of State and the State of
California pursuant to Section 6503.5 of the Act.
Section 3.3. Treasurer. The Board shall designate the Treasurer. The Treasurer shall be the
depository and shall have custody of ail of the accounts, funds and money of the Authority from
whatever source. The Treasurer shall have the duties and obligations set forth in Section 6505 and
6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting
of all receipts and disbursements of the Authority.
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 6 of 21
Section 3.4. Officers in Charge of Property. Pursuant to Section 6505 of the California
Government Code, the Treasurer shall have charge of, handle, and have access to ail accounts, funds,
and money of the Authority and all records of the Authority relating to such accounts, funds and
money; and the Secretary shall have charge of, handle, and have access to all other records of the
Authority, and the Executive Director shall have charge of, handle, and have access to all physicai
properties of the Authority.
Section 3.5. Bonding Persons Having Access to Property. From time to time, the Board of
Directors may designate persons, such as the Treasurer or Executive Director, as the Authority
officer(s) who shall have charge of, handle, or have access to any property of the Authority. The
Board of Directors shall also fix the respective amounts of the official bonds of the Treasurer,
Executive Director or such other designated persons pursuant to Section 6505.1 of the Act, which
bonds shall be filed with the Secretary of the Authority. The actuai cost of such bonds shall be a
proper charge against the Authority.
Section 3.6. Management. The regular management of the operations and activities of the
Authority shall be vested in the Executive Director. The Executive Director shall be appointed by
the Board of Directors. Unless otherwise provided by the Rules of the Board or resolution of the
Board of Directors, the Executive Director shall have the following powers:
Section 3.6.1. To provide for the planning, design, and construction of any additions or
improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any
new facilities to be operated by the Authority as authorized by the Board of Directors;
Section 3.6.2. Except as otherwise provided in Section 3.6.8, to execute any contracts for
capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair
that involve an expenditure by the Authority within the limits and in accordance with
procedures to be established by the Authority in the manner provided for locai agencies
pursuant to Article 7, commencing with Section 54201 of Chapter 5 of Part 1 of Division 2
of Title 5 of the California Government Code;
Section 3.6.3. To appoint and employ all personnel of the Authority required for
maintenance and operation of the Joint Facilities, and all other employees authorized by the
Authority's budget and by the Board of Directors;
Section 3.6.4. To retain any consultants, including labor relations consultants or certified
public accountants, as authorized in the Authority's budget and by the Board of Directors;
Section 3.6.5. Subject to approval of the Board of Directors, to appoint and employ all
personnel of the Authority or consultants required to be employed or retained in connection
with the design of any additions or improvements of the Joint Facilities or construction of
new facilities;
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 7 of 21 t~ ._.G-
Section 3.6.6. To expend funds of the Authority and enter into contracts, whenever required,
or for the immediate preservation of the public peace, health, or safety, subject to the
subsequent ratification of the Board of Directors;
Section 3.6.7. To dispose of any personal property of the Authority as may be provided in
the Rules of the Board or otherwise authorized by the Board of Directors;
Section 3.6.8. To approve and pay demands for payments by the Authority ofTen Thousand
Dollars ($10,000.00), or less, which are authorized in the Authority's budget;
Section 3.6.9. To prepare and submit to the Board of Directors in time for revision and
adoption by the Authority prior to March 1 of each year, the annual preliminary budget for
the next succeeding Fiscal Year referred to in Section 6.1;
Section 3.6.10. Generally, to supervise the acquisition, construction, management,
maintenance, and operation of the Joint Facilities and personnel of the Authority;
Section 3.6.11. To perform such other duties as directed by the Board of Directors and
report to the Board of Directors at such times and on such matters as the Board of Directors
may direct.
Section 3.7. Legal Advisor. The legal advisor of and provider of legal advice and services to the
Authority shall be designated by the Board of Directors.
Section 3.8. Other Services. The Board of Directors shall have the power to appoint and employ
such other consultants and independent contractors as may be necessary for the purposes of and
pursuant to this Agreement.
Section 3.9. Non-Liability of Agencies. None of the officers, agents, or employees directly
employed by the Authority shall be deemed, solely by reason of their employment by the Authority,
to be employed by any Member Agency or, by reason of their employment by the Authority, to be
subject to any of the requirements of any Member Agency. All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers'
compensation, and other benefits which apply to the achvities of the officers, agents, or employees of
Member Agencies when performing their respective functions shall apply to them to the same degree
and extent while engaged in the performance of any of the functions and other duties under this
Agreement. Except as expressly provided for in this Agreement, nothing contained in this Article III
is intended to nor shall it restrict or limit the rights or abilities otherwise available to the Authority to
enter into agreements or other arrangements with any Member Agency in accordance with the terms
and conditions of this Agreement and the Rules of the Board regarding the use of employees of the
Member Agency in the operations and activities of the Authority.
Section 3.10. Indemnity and Insurance. The Authority shall defend, indemnify and save harmless
each Member Agency to this Agreement and its respective councilmembers, officers and employees,
from all claims, losses, damages, costs, injury and liability arising out of the Authority's performance
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 8 of 21
of its powers, duties and responsibilities under this Agreement. The Authority shall obtain and keep
in force policies of insurance with coverage and limits sufficient to protect the Authority and its
Member Agencies from claims for damages arising from the activities of the Authority, its Board of
Directors, officers and employees. It is the intent of this Section 3.10 that the policies of insurance
described herein include coverage for automobile liability, comprehensive general liability, public
officials errors and omissions, workers' compensation, and excess liability and other perils as the
Board of Directors shall, from time to time, direct and that the coverage limits of these policies be
maintained at levels as the Board of Directors shall direct. Each Member Agency shall be named an
"additional insured" on the liability coverages or shall receive equivalent treatment or status under
the Authority's insurance program.
Section 3.11. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed
as or deemed to be an agreement for the benefit of any third party or parties, and no third party or
parties shall have any right of action hereunder for any cause whatsoever. Any services performed or
expenditures made in connection with this Agreement by any Member Agency shall be deemed
conclusively to be for the direct protection and benefit of the inhabitants and property in the
respective Area of such Member Agency.
ARTICLE IV
POWERS OF THE AUTHORITY
Section 4.1. General Powers. The Authority shall exercise in the manner herein provided the
powers common to each of the Member Agencies, as provided by the Constitution and laws of the
State of California, and all incidental, implied, expressed, or necessary powers for the
accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4.
As provided in the Act, the Authority shall be a public entity separate from the Member Agencies.
The Authority shall have the power to finance, acquire, construct, manage, maintain, and operate the
Joint Facilities. The Authority shall have all of the powers provided in Article 2 and Article 4 of the
Act, unless specifically prohibited or restricted by this Agreement.
Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts
necessary for the exercise of the foregoing powers, including but not limited to, any of the following:
Section 4.2.1. To make and enter into contracts;
Section 4.2.2. To employ agents or employees;
Section 4.2.3. To acquire, construct, manage, maintain, or operate any buildings, works or
improvements;
Section 4.2.4. To acquire, hold, or dispose of property;
Section 4.2.5. To sue and be sued in its own name;
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 9 of 21 q ~t ~)
Section 4.2.6. To incur debts, liabilities or obligations, subject to the provisions of this
Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or
obligation upon any Member Agency;
Section 4.2.7. To apply for, accept, receive, and disburse grants, loans, and other aids from
any agency for the United States of America or of the State of California;
Section 4.2.8. To invest any money in the treasury pursuant to Section 6505.5 of the Act that
is not required for the immediate necessities of the Authority, as the Authority determines is
advisable, in the same manner and upon the same conditions as local agencies, pursuant to
Section 53601 of the California Government Code;
Section 4.2.9. To carry out and enforce all the provisions of this Agreement.
Section 4.3. Bonds. The Authority shall have all of the powers provided in Article 4 of the Act,
including the power to issue Bonds under the Bond Law.
Section 4.4. Restrictions on Exemise of Powers. The Authority shall exercise in the manner
herein provided the powers common to all Member Agencies as appropriate to the accomplishment
of the purposes of this Agreement. For purposes of Govt. Code § 6509, the powers of the Authority
shall be exemised subject to the restrictions upon the manner of exercising such powers as are
imposed upon the City of Campbell, a general law city.
Section 4.5. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall
not be the debts, liabilities, and obligations of any Member Agency.
ARTICLE V
METHODS OF PROCEDURE
Section 5.1. Reserved.
Section 5.2. Delegation of Powers. Each Member Agency hereby delegates to the Authority the
power to purchase and the power and duty to maintain, operate, and manage any animal control
equipment, resources, and real property acquired and identified by the Member Agencies, including
the future site of the Authority's animal control facility, and to employ the necessary personnel to do
any and all other things necessary or desirable to provide efficient, economical and lawful Animal
Control Services to the Member Agencies.
Section 5.3. Joint Maintenance and Operation Fund. The Board of Directors shall have a joint
maintenance and operation fund (herein called the "Operating Fund"). The Authority shall assume
responsibility for the maintenance and operation of the Operating Fund and shall pay the
administrative and operational expenses of the Authority and all maintenance and operation costs of
the Joint Facilities from said Operating Fund. Each of the Member Agencies shall pay into said
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 10 of 21 ~__ Il
Operating Fund its proportionate share of the maintenance and operation costs of the Joint Facilities,
computed on the basis set forth in Section 6.3 of this Agreement.
Section 5.4. Capital Acquisition, Improvement and Replacement Fund. The Board of Directors
may create a capital acquisition and replacement fund ("Capital Fund") for the purpose of creating a
fund for the acquisition and construction of the Joint Facilities and any other capital improvements
owned or controlled by the Authority, and the replacement and acquisition of capital equipment and
property of the Authority. Each Member Agency shall annually pay into said Capital Fund its
proportionate share of capital costs, including principal and interest payments on outstanding Bonds,
if any, as provided in Section 6.3.
ARTICLE VI
BUDGET/COSTS, MAINTENANCE AND
OPERATION COSTS AND OTHER COSTS
Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for
maintenance and operation costs, capital costs, costs of special services, and debt service payments
or redemption expenses on Bonds (if any), annually prior to March 1 of each year and shall adopt a
final budget prior to June 30 of each year.
Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct
books of account, showing in detail the capital costs, costs of special services and maintenance,
operation costs of the Joint Facilities and the provision of the Animal Control Services, and all
financial transactions of the Member Agencies relating to the Joint Facilities and the provision of the
Animal Control Services, which books of account shall correctly show any receipts and also any
costs, expenses, or charges paid or to be paid by each of the Member Agencies. Said books and
records shall be open to inspection at all times during normal business hours by any representative of
a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect
said books or records. The Controller/Treasurer shall, in accordance with Sections 6505 and 6505.6
of the Act, cause the books of account and other financial records of the Authority to be audited
annually by an independent public accountant or certified public accountant.
Section 6.3. Allocation of Costs and Expenses: Generally.
Section 6.3.1. Annual Estimate. After adoption of the preliminary budget and prior to April
1 of each year, the Authority shall promptly furnish to each of the Member Agencies an
estimate of the total annual maintenance and operation costs, capital costs, costs of special
services, and debt service payments or redemption expenses on Bonds (if any).
Section 6.3.2. Operating Costs. The proportion of Operating Costs to be borne by each
Member Agency shall be determined by the Executive Director each year prior to March 1,
and the Executive Director shall submit these percentages to the Board of Directors for
review, modification and/or approval on or before April 1 of each year. The Board 'of
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 11 of 21 q-l:L
Directors may modify the manner in which each Member Agency's contribution to Operating
Costs is determined or calculated by a two-thirds (2/3) vote of the Board of Directors.
Section 6.3.3. Capital Acquisition Costs, Costs of Special Services, Bond Expenses. Costs
of acquiring new equipment or constructing new facilities, costs of special services and
Bonds interest and redemption expenses (if any) shall be borne by each Member Agency in
the same proportion as Operating Costs determined, pursuant to Section 6.3.2, for the Fiscal
Year in which the cost is incurred.
Section 6.3.4. Capital Costs. The proportion of capital replacement costs to be borne by
each Member Agency annually shall be the same proportion as Operating Costs borne by that
Member Agency for that Fiscal Year as determined pursuant to Section 6.3.2.
Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in
Section 3.10 shall be apportioned among the Member Agencies in the same manner as each
Member Agency's yearly percentage of Operating Costs, as determined pursuant to Section
6.3.2. In the event of any claim for damages which is not covered by insurance, or which
exceeds the limits of any applicable policy of insurance, the Member Agencies agree to
allocate among themselves the uninsured costs of defending such claim, and the uncovered
costs of settlement or judgment, if any, in the same proportions as the pementage share of
Operating Costs of each Member Agency as established pursuant to Section 6.3.2 at the time
the claim is filed with the Authority.
Section 6.4. Payment of Costs. Beginning on the Effective Date of this Agreement, and quarterly
in advance thereafter for each Fiscal Year, each Member Agency agrees to pay the Authority its
allocated proportional share of the total estimated annual costs and expenses, as set forth in Section
6.3.
Section 6.5. Sources of Funds. Each Member Agency shall provide the funds required to be paid
by it to the Authority under this Agreement from any source of funds legally available to such
Member Agency for such purpose.
Section 6.6. Level of Services and Charges to Member Agencies. Each Member Agency may
contract with the Authority for a greater or lesser level of service than the Animal Control Services
set forth in this Agreement. The Member Agencies acknowledge and agree that the contributions
required pursuant to Section 6.3 of a Member Agency that enters into such a contract with the
Authority may be modified accordingly, with the approval of the Board of Directors, to account for
the greater or lesser level of service being provided to that Member Agency by the Authority.
Member Agencies requesting other animal related services from the Authority in addition to those
Animal Control Services specified in Exhibit "A" of this Agreement shall be held financially
responsible for direct additional costs incurred or encumbered by the Authority in the
implementation of special programs, projects, and services.
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 12 of 21 t~ ~1 3
ARTICLE VII
ENFORCEMENT
Section 7.1. Reserved.
Section 7.2. Enforcement by Authority. The Authority is hereby authorized to take any or all legal
or equitable actions, including but not limited to injunction and specific performance, necessary or
permitted by law, to enforce this Agreement.
ARTICLE VIII
WITHDRAWAL OF A MEMBER AGENCY
Section 8.1. A~reement Continues. Notwithstanding the provisions of Section 9.1, each Member
Agency agrees that the withdrawal of a Member Agency pursuant to this Article vm is not intended
to and will not terminate this Agreement or affect the ability of the Board of Directors or the
remaining Member Agencies to carry out and fulfill the purposes of this Agreement.
Section 8.2. Withdrawal. A Member Agency may withdraw from the Authority and this
Agreement by filing written notice thereof with the Authority. Withdrawal will take effect on July 1
of any year provided there is a least six months advance notice. The withdrawal of any Member
Agency from the Authority shall in no way affect the rights and obligations of the remaining Member
Agencies. A withdrawing Member Agency is still obligated for all payments due from it for the
fiscal year of the withdrawal. Further, in the event of withdrawal of a Member Agency, the
following terms and conditions will apply:
Section 8.2.1. Withdrawal shall not relieve the party of its proportionate share of any debts,
liabilities or other contractual commitments incurred by the Authority prior to the effective
date of the party's notice of withdrawal; and
Section 8.2.2. If Bonds have been issued and the withdrawing Member Agency benefits
directly or indirectly from the Bonds issued and outstanding, the Member Agency shall not
withdraw from the Authority until such time as all of those Bonds and the interest thereon
shall first have been paid in full or provision for such full payment shall first have been
contractually made with the Authority and approved by the Board of Directors; and
Section 8.2.3. The obligations of the withdrawing Member Agency shall have been paid in
full and provision for repayment of any other indebtedness which may exist shall be covered
by an agreement made between the Authority and the Member Agency and approved by the
Board of Directors.
Section 8.2.4. Reimbursement. The Board will approve a reimbursement to the
withdrawing Member Agency which shall be calculated based on audited figures
representing the Authority's fiscal year end financial condition as of the fiscal year end date
of withdrawal. The amount of the reimbursement will be determined by multiplying the
Second Restated and Amended Joint Exercise of Powers A~'eement - Silicon Valley Animal Control Authority
August 8, 2003 Page 13 of 21
average percentage contribution to Operating Costs of said Member Agency over the life of
its participation in the Authority by that portion of the general reserve and unreserved
retained eamings that have not been encumbered or designated for a particular purpose
("Cash Operating Reserve"). In no event will the Board permit any such reimbursement to
reduce the Authority's fiscal year end Cash Operating Reserve below the level of 20% of the
Authority's total budget for said fiscal year. If the amount so calculated will reduce the
Authority's Cash Operating Reserve below said 20%, the amount of reimbursement will be
adjusted and decreased so as to maintain the fiscal year end Cash Operating Reserve of the
Authority at a minimum level of 20% of that fiscal year's budget.
Section 8.3. Restrictions. Any withdrawal from participation in this Agreement is subject to the
restrictions on withdrawal contained in Section 8.2, above. In addition, each withdrawing Member
Agency, upon its withdrawal, waives any right to seek a judicial apportionment of any interest it may
have in the Authority and/or in any assets of the Authority.
Section 8.4. Non-Distribution of Assets Upon Dissolution. Upon withdrawal of any Member
Agency from the Authority prior to dissolution, the withdrawing Member Agency will have no
entitlement to any assets of the Authority nor distribution of any kind from the Authority even in the
event of the Authority's subsequent dissolution.
ARTICLE IX
TERMINATION OF THE AGREEMENT AND DISSOLUTION OF THE AUTHORITY
Section 9.1. Termination. This Agreement shall terminate and the Authority shall be dissolved
upon an agreement of ail Member Agencies. Upon termination of this Agreement, any obligation of
the Authority which continues following dissolution shall be borne by the Member Agencies based
on the percentages determined pursuant to Section 9.3.
Section 9.2. Effective Dates of Termination. Termination shall not under any circumstances
become effective until June 30 next succeeding a minimum of twelve (12) months following the
effective date of a written notice of termination to the Board of Directors approved by all Legislative
Bodies of the current Member Agencies.
Section 9.3. Disposition of Assets. Upon dissolution of the Authority, each current Member
Agency shall receive its proportionate share of the assets of the Authority as defined in this Section
within a reasonable amount of time after dissolution, and each current Member Agency shall
contribute its proportionate or otherwise defined share toward the discharge of any enforceable
liabilities incurred by the Authority as the same appear on the books of the Authority. Upon the
termination of this Agreement, any assets acquired by the Authority during the period of its existence
and still on hand and all unencumbered cash reserves (collectively, "Assets and Cash Reserves")
shall be distributed to the current Member Agencies in the following manner: The total amount of
maintenance and operating costs paid by each current Member Agency into the Operating Fund
during the entire existence of the Authority shall be added together and the percentage which each
Agency's total bears to the whole shall be determined. The Assets and Cash Reserves shall be
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 14 of 21
divided among the current Member Agencies based on the above pementage, based on appraised
value of the assets at the time of termination. In the event the current Member Agencies cannot
agree on how the distribution of Assets and Cash Reserves pursuant to the distribution method set
forth in this Section should be implemented, the City Managers of all of the current Member
Agencies, or their respective designees, shall meet promptly to develop a method for distributing the
Assets and Cash Reserves among the current Member Agencies.
Section 9.4. The distribution of assets may be made in kind or assets may be sold and the proceeds
thereof distributed to the Member Agencies at the time of dissolution after the discharge of all
enforceable liabilities.
Section 9.5. Continued Existence of Authority. Upon dissolution, this Agreement and the
Authority shall continue to exist as required or necessary for the limited purpose of distributing the
Assets and Cash Reserves and winding up and closing out the business, accounts and affairs of the
Authority.
ARTICLE X
MISCELLANEOUS
Section 10.1. Section Headings. All section headings in this Agreement are for convenience of
reference only and are not to be construed as modifying or governing language in the section referred
to or to define or limit the scope of any provision of this Agreement.
Section 10.2. Consent. Whenever in this Agreement any consent or approval is required, the same
shall not be unreasonably withheld.
Section 10.3. Law Governing. This Agreement is made under the Constitution and laws of the
State of California and is to be so construed.
Section 10.4. Amendments. This Agreement may be amended at any time, except as limited by
Bond covenants, if any. All amendments to the Agreement must be in writing, and must be approved
by the Legislative Bodies of the Member Agencies prior to becoming effective.
Section 10.5. Severability. In the event any provision of this Agreement is determined to be illegal
or invalid for any reason, all other provisions and articles of this Agreement shall remain in full force
and effect unless and until otherwise determined. The illegality of any provision of this Agreement
shall in no way affect the legality and enforceability of any other provisions of this Agreement.
Section 10.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of
the successors of the respective Member Agencies. No Member Agency may assign any right or
obligation hereunder without written consent of the other Member Agencies.
Section 10.7. Notice. Any notice required to be given or delivered by any provision of this
Agreement shall be personally delivered or deposited in the U.S. mail, postage prepaid, addressed to
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 15 of 21
the Authority and to the Member Agencies at their addresses as reflected in the records of the
Authority, and shall be deemed to have been received by the party to which the notice is addressed
upon the earlier of receipt or 72 hours after mailing.
IIIII
IIIII
IIIII
/////
IIIII
IIIII
IIIII
IIIII
IIIII
IIIII
IIIII
IIIII
IIIII
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 16 of 21 ~--I ~
EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed
on the dates as shown herein.
MEMBER AGENCIES
APPROVED AS TO FORM:
CITY OF CAMPBELL; a municipal corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
CITY OF CUPERTINO, a municipal corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
TOWN OF LOS GATOS, a municipal corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
By:
Its:
Date:
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 17 of 21 ~__[ g
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF MONTE SERENO, a municipal corporation
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF SANTA CLARA, a municipal corporation
By:
Its:
Date:
APPROVED ASTOFORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
CITY OF SARATOGA, a municipal corporation
By:
Its~
Date:
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 18 of 21
EXHIBIT "A"
ANIMAL CONTROL SERVICES
The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means all of
the following services:
A. Field Services
Field services means all of the following services, including any vehicles, communications
equipment, office supplies, field and administrative personnel, and any other personnel, supplies
and equipment, reasonably required to perform the following services (the "Field Services"):
· Pick up of confined stray dogs, cats, and other small animals, including, rabbits, chickens,
turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of
the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels
· Pick up confined stray livestock, including horses, pigs, goats, sheep, and donkeys
· Pick up of dead animals, including wildlife, as described in more detail below under the
description of Dead Animal Services
· Pick up of injured stray dogs or cats and other small animals, without regard to weight,
and injured wildlife weighing fifty pounds (50 lbs.) or less, that are located on public
property or readily accessible on private property with the permission of the property
owner or occupant or the property owner's or occupant's authorized agent
· Response to emergency calls
· Investigating complaints of animal bites or attacks on humans, including the completion
of a report interviewing the parties involved, quarantining animals which have bitten
humans, preparing and transporting biting animals for rabies testing, and investigating
alleged violations of a quarantine
· Response to calls for removal of venomous snakes in a private residence and on private
property
· Investigating complaints of vicious dogs
· Investigating complaints of dangerous animals
· Responding to complaints of animals running at large
· Responding to complaints of domestic animals causing a nuisance, except domestic
animals making noise, and provide follow-up patrol
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 19 of 21
· Responding to police assist calls on animal-related issues, which service may include
taking control of an animal on the scene
· Investigating complaints regarding the lack of proper care, condition, or attention of
domestic animals by their owners
· Investigating complaints regarding cruelty to animals
· Provide Community Outreach Humane Education programs to local schools as well as
presenting programs to civic groups and organizations, Neighborhood Watch,
homeowners groups and more
· Provide animal safety training for service workers (i.e. postal employees, meter
readers)
Shelter Services
Shelter Services means all of the following services, including shelter facilities, supplies, animal
attendants, supervisors and administrative personnel, and any other personnel, supplies and
equipment reasonably required to perform the following services (the "Shelter Services"):
· Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by
a Member Agency, a resident residing in a Jurisdictional Area, or shelter personnel
· Quarantine of biting animals
· Rabies testing of suspect animals
· Provision for surrender and reclaim of abandoned, lost or stray domestic animals during
established business hours
Euthanasia and disposal of abandoned, lost, impounded, or stray domestic animals that are
unclaimed by their owners and fail to meet the written health and temperament standards
of the shelter
C. Medical Services
Medical Services means all of the following services, including office facilities, supplies, and
professional and trained personnel necessary to perform the following services (the "Medical
Services") by staff or through contracts:
Provision of veterinarian services by staff or through contracts twenty-four (24) hours per
day to treat and provide veterinarian care to stray dogs, cats, and other impounded animals
that may be sick or injured
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 20 of 21 t~j,2 [
· Monitor quarantined biter animals
· Conduct vaccination clinics and have available, free of charge to the public, rabies control
information.
D. Dead Animal Services
Dead Animal Services means all of the following services, including any vehicles, storage
facilities, disposal mechanisms, field and administrative personnel, and any other personnel,
supplies, contracts and equipment required to perform the following services (the "Dead Animal
Services"):
Pick up of dead animals, including wildlife and except livestock, from streets and public
property within Jurisdictional Areas, or from private property within Jurisdictional Areas
with the permission of the property owner, occupant or a representative of the property
owner or occupant
· Identification of and notification to the owner of the dead animal, whenever possible
· Disposal of the body of the dead animal
E. Animal Licensing Services
Animal Licensing Services means all of the following services, including any vehicles, office
facilities, supplies, equipment and personnel necessary to perform the following services (the
"Animal Licensing Services"):
· Computerized Animal Licensing including up to two delinquent notices on license
renewals
· Comprehensive community outreach program, to include issuing licenses at the
"actual cost" rabies vaccination clinics
· Distribute Licensing information through the local veterinarians and on the web site
· Issue Assistance Animal identification tags to qualified residents as required by state
law
F. Other Services For Which a Fee May Be Charged
· Pick up owned animals
· Provide humane traps to the public to capture sick, injured, or nuisance domestic animals
Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority
August 8, 2003 Page 21 of 21 ~'t~- ,v~
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 September 2, 2003
SUBJECT AND ISSUE
Approve the installation of engraved Cupertino Education Endowment Foundation (CEEF) donor
recognition bricks, provided by CEEF, in a dedicated location, during the construction of City
Center Park.
BACKGROUND
Eleanor Watanabe, Executive Director of CEEF, approached City staff to discuss the possibility
of CEEF establishing a dedicated donor recognition area in City Center Park. Although CEEF is
not directly involved with the development or costs of the Park, CEEF believes that, as a
Cupertino community based organization, the Park would be a good location to provide a formal
recognition of donors supporting CEEF's work and accomplishments.
The CEEF proposal includes placing approximately 560 bricks, with individual donor's names
engraved on each one, in a small garden area of the Park just northeast of the Helios Restaurant
(Cypress Hotel) patio. In addition to the one garden location proposed by CEEF for their use, a
second garden location is proposed by CEEF with the expectation that they will achieve their
objective of approximately 1000 donors. Staff suggests that this second garden location be
offered as an "option" for a period of three years following the opening of the Park. This
suggestion is made so as to provide future options, should CEEF not require the second location,
which could be subsequently made available or modified for other but similar civic recognition
purposes.
City staff and the Guzzardo Partnership design team discussions of the Park determined that the
concept was feasible but lacked sufficient information to fully advise Council prior to the award
of the construction contract on August 4, 2003. However, to ensure that the Council would have
the opportunity to consider the installation of engraved CEEF donor bricks, this installation work
at a cost of approximately $2,000, was included in the construction contract. The cost of the
bricks themselves, including engraving, delivery and protection prior to placement will be borne
entirely by CEEF. The attached letter from Eleanor Watanabe describes the CEEF proposal and
their commitment.
PrintodonFIocyclodPapor ]0 ~[
FISCAL IMPACT
There is no additional financial impact to this recommendation.
STAFF RECOMMENDATION
Staff recommends Council approve the installation of engraved Cupertino Education Endowment
Foundation (CEEF) donor recognition bricks, in one of the garden locations, and an option to
CEEF for a period of three years from the opening date of the Park, to use a second garden
location, both as shown on the attached drawing.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Submitted by:
Therese Smith
Director of Parks and Recreation
Approved for Submission:
David W. Knapp
City Manager
CEEF D,
CEEF
Brick
Stevens Creek 8oulevard
and Retai~Frontage
Key Plan / Paver Locations
Donor's Name
Donors Name
IndividualPaver
Paver Plan Enlarqement
Pavinq Feild
I ~I~ZZARDO CEEF D~no[ E~ognition Pavers
~..~..~_~..,~.,P,.c._ C i t y C e n t e r P a r k ~
BENEFITING STUDENTS IN: CUPERTINO LOS ALTOS SAN JOSE SANTA CLARA SARATOGA°SUNNYVALE
10301 Vista Drive · Cupertino, California 95014-2091 · (408) 446-2333 · Fax: (408) 446-2231 · Email: info~ceefcares.o~g
BOARD OF DIRECTORS
Donald Macleod
President
Richard K. Abdalah
Steve Andrews
Michael L. Bruner
Larry Dean
D. Michael Foulkes
Rani Goel
Leslie Hay
Phil Johnson
David D. Jones
Lisa Kershner
Mike Masunaga
Neil Sundstrom
Steve Ting
Michael Zukin
Eleanor 1. Watanabe
Executive Director
ADVISORY BOARD
C. Donald Allen
Ronald E. Call
Michael S. Chang, Ph.D.
Yvette del Prado, Ph.D.
James E. Jackson
Sandra James
Louis Mariani, Sr.
Regis McKenna
Bipin Shah
John M. Sobrato, Jr.
Lawrence E. Stone
August 26, 2003
CEEF Request for Donor Recognition Site in City Center Park
The Cupertino Educational Endowment Foundation was formed in
1984 to provide the leadership and funds to support educational
programs in the Cupertino Union School District. Since inception,
CEEF has provided over $7.8 million to our local elementary
schools for equipment, teacher training, and programs that have
enabled our schools to sustain educational excellence.
In the Fall of 2000, the CEEF board committed to build a new
endowment for a priority program that the district's low level of
state funding would never be able to provide to all schools. The
visual and performing arts and information resources were
identified as long term educational needs not sustainable through
state funds, and a comprehensive feasibility study confirmed the
community's support. Based on information from the study, CEEF
set a goal to raise $4 million and to designate $2 million from its
original endowment toward the $6 million endowment required to
permanently fund music, arts and information literacy resources
within the district.
CEEF is now in the final, Community Phase of the Campaign and
within $800,000 of our $4 million goal. 90% of our Campaign gifts
have been made by individuals in our community who have
chosen to invest in CEEF on behalf of children in our schools today,
as well as for generations to come. We would like to acknowledge
their philanthropic support at a location that will be highly visible
and symbolic of the value of education in our community.
The new City Center Park seems ideal as a donor recognition site.
Located at the central "crossroads" of the city, the new park will be
at the hub of activity in our community. The park's ambience will
not only draw families and children, but will provide a natural
setting to acknowledge supporters of music, art, and technology.
Symbolically, the park's location at the heart of the city also
acknowledges the vital role education provides in sustaining the
vitality of our community and the strength of the long term
partnership between our schools and city government.
/0-S-
We ask you to join us in recognizing generous donors in our community and
designating a small section in the new City Center Plaza Park to thank them for
making a difference in our lives.
If you have any questions, please call me at 408 446-2333.
Sincerely,
Eleanor Watanabe
Executive Director
CUPEI(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 September 2~ 2003
SUBJECT AND ISSUE
Authorization for the City Manager to Negotiate and Execute the First Amendment to the
Reimbursement Agreement with the Santa Clara Valley Water District in the amount of
$155,000.00 for the District to fund the efforts of the Watershed Protection Collaborative;
and
Authorization for the Director of Public Works to negotiate and execute an agreement in
an amount not to exceed $155,000.00 with CONCUR, Inc for the administration of the
Watershed Collaborative Process, on condition of approval of the reimbursement
agreement by the City and the Santa Clara Valley Water District.
BACKGROUND
On March 3, 2003, the Council authorized the City manager to negotiate and execute a
reimbursement agreement with the Santa Clara Valley Water District (SCVWD) to fund
the efforts of the Watershed Protection Collaborative in the amount of $90,000. In
addition the Council authorized the Director of Public Works to negotiate and execute an
agreement with CONCUR Inc. to manage and administer the Collaborative process in the
amount of $90,000 conditioned on the approval of the SCVWD reimbursement
agreement.
On August 4, 2003, the Council adopted a Resolution supporting the Memorandum of
Consensus (MOC) approved by the members of the Watershed Protection Collaborative.
On August 5, 2003, the SCVWD Board of Directors approved a similar resolution and
approved the continued funding of the Collaborative effort through the 2003-2004 fiscal
year. The SCVWD has requested that the City of Cupertino continue to manage the
CONCUR contract with an amendment to the reimbursement agreement with the
SCVWD throughout that period.
Staff recommends that the City Council approve a new agreement with CONCUR and an
amendment to the SCVWD reimbursement agreement to fund the new contract for
CONCUR's services.
FISCAL IMPACT
There is no fiscal impact as the CONCUR agreement is completely fimded by the Santa
Clara Valley Water District through the amendment to the reimbursement agreement.
STAFF RECOMMENDATION
Authorize the City Manager to negotiate and execute the First Amendment to the
Reimbursement Agreement with the Santa Clara valley Water District in an amount not
to exceed $155,000.00 for a total amount of $245,000.00 to fund the continued efforts of
the Watershed Collaborative.
Authorize the Director of Public Works to negotiate and execute an agreement with
CONCUR, Inc. in an amount not to exceed $155,000.00 for the administration of the
Watershed Collaborative process on condition of the approval of the First Amendment to
the Reimbursement Agreement with the Santa Clara Valley Water District.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
RESOLUTION NO. 03-156
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
REPUBLIC PROPERTIES INC., A CALIFORNIA CORPORATION,
22551 RICARDO ROAD, APN 356-01-051,356-01-052 & 356-01-053
WHEREAS, Republic Properties Inc., a California Corporation, has executed a
Grant of Easement for Roadway Purposes which is in good and sufficient form, granting
to the City of Cupertino, County of Santa Clara, State of California, easement over
certain real property for roadway purposes, situate in the City of Cupertino, more
particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part
hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 22551 Ricardo Road.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2''a day of September, 2003, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
RESOLUTION NO. 03-157
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM STEVEN MAYHEW AND
JEANETTE MAYHEW, TRUSTEES OF THE MAYHEW FAMILY TRUST
INITIALLY CREATED ON NOVEMBER 20, 2001
21691 LOMITA AVENUE, APN 357-17-023
WHEREAS, Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew
Family Trust initially created on November 20, 2001, have executed a "Quitclaim Deed
and Authorization", which is in good and sufficient form, quitclaiming all their rights in
and authorizing the City of Cupertino, County of Santa Clara, State of California, to
extract water from the underground basin, underlying that certain real property situate in
the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, as shown and delineated on the attached
Exhibits "A" and "B".
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
"Quitclaim Deed and Authorization" so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
RESOLUTION NO. 03-158
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPERS
STEVEN MAYHEW AND JEANETTE MAYHEW, TRUSTEES OF THE MAYHEW
FAMILY TRUST INITIALLY CREATED ON NOVEMBER 20, 2001
21691 LOMITA AVENUE, APN 357-17-023
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developers, Steven Mayhew and Jeanette Mayhew,
trustees for the Mayhew Family Trust initially created on November 20, 2001, for the installation
of certain municipal improvements at 10660 Santa Lucia Road and said agreement having been
approved by the City Attorney, and Developers having paid the fees as outlined in the attached
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2"a day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
RESOLUTION NO. 03-159
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPERS
LYNN M. CHING
22781 STEVENS CREEK BOULEVARD, APN 342-12-037
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developers, Lynn M. Ching, for the installation of
certain municipal improvements at 22781 Stevens Creek Boulevard and said agreement having
been approved by the City Attorney, and Developers having paid the fees as outlined in the
attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council' of the City of
Cupertino this 2nd day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Resolution No.03-159
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT:
LOCATION:
Lyim M. Ching
22781 Stevens Creek Boulevard
A. Faithful Performance Bond: Off-Site: $12, 253.00
TWELVE THOUSAND TWO HUNDRED FIFTY THREE AND 00/100 DOLLARS
B. Labor and Material Bond: Off-Site: $12, 253.00
TWELVE THOUSAND TWO HUNDRED FIFTY THREE AND 00/100 DOLLARS
C. Checking and Inspection Fees: $1,840
ONE THOUSAND EIGHT HUNDRED FORTY AND 00/100 DOLLARS
D. Development Maintenance Deposit: $1,000
ONE THOUSAND AND 00/100 DOLLARS
E. Storm Drainage Fee: Basin 2 $ 210.82
NINE HUNDRED SEVENTY SEVEN AND 27/100 DOLLARS
F. One Year Power Cost: N/A
110-4537
G. Street Trees: N/A
H. Map Checking Fee: N/A
110-4539
I. Park Fee: ZONE I N/A
ACCT #: 280-4082
J. Water Main Reimbursement: N/A
110-4554
Maps and/or Improvement Plans:
As Specified in Item #20
BY DEVELOPER
DRAFT
RESOLUTION NO. 03-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPERS
GB ESTATE HOMES, A CALIFORNIA LLC
10690 SOUTH STELLING ROAD, APN 359-22-067
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developers, GB Estate Homes, a California LLC,
for the installation of certain municipal improvements at 10690 South Stelling Road and said
agreement having been approved by the City Attorney, and Developers having paid the fees as
outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September, 2003, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Resolution No.03-160
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: GB Estate Homes, a California LLC
LOCATION: 10690 South Stelling Road
A. Faithful Performance Bond: Off-Site: $12, 130.00
TWELVE THOUSAND ONE HUNDRED AND THIRTY AND 00/100 DOLLARS
B. Labor and Material Bond: Off-Site: $12, 130.00
TWELVE THOUSAND ONE HUNDRED AND THIRTY AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 2,300
TWO THOUSAND THREE HUNDRED AND 00/100 DOLLARS
D. Development Maintenance Deposit: $1,000
ONE THOUSAND AND 00/100 DOLLARS
E. Storm Drainage Fee: Basin 2 $ 977.27
NiNE HUNDRED SEVENTY SEVEN AND 27/100 DOLLARS
F. One Year Power Cost: N/A
110-4537
G. Street Trees: N/A
H. Map Checking Fee: $ 501
110-4539
I. Park Fee: ZONE II $ 31,500
ACCT #: 280-4082
Water Main Reimbursement:
110-4554
Maps and/or Improvement Plans:
As Specified in Item #20
J. N/A
BY DEVELOPER
CUPE INO
CiW Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FA× (408) 777-3333
PUBLIC WORKS DEPARTMENT
AGENDA ITEM
Summary
AGENDA DATE September 2, 2003
SUBJECT AND ISSUE
Adopt a resolution ordering vacation of a public service easement at 11477 Lindy Place.
BACKGROUND
This is a request to vacate the existing public service easement, which must be relocated in order
to accommodate a new house to be constructed at 11477 Lindy Place, as shown on the attached
drawing.
All utility agencies affected by the proposed vacation have been contacted and there is no
objection.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 03- i/d, ordering the vacation of
the public service easement at 11477 Lindy Place.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission to
the City Council:
Damp
City Manager
RESOLUTION NO. 03-161
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDER1NG VACATION OF A PUBLIC SERVICE EASEMENT WITHIN THE CITY OF
CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA; 11477 L1NDY PLACE
WHEREAS, hearing on Resolution of Intention No. 03-138 was held on September 2,
2003, at a regular meeting of the City Council at 10300 Torte 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 public services
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 public service easement
be and hereby are overruled and denied.
2. That certain portion of public service 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, Califomia, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September, 2003, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
APPROVED:
City Clerk
Mayor, City of Cupertino
Job No. 2000567
Legal Description - 10' P.S.E. to be Abandoned
A Public Service Easement (P.S.E.) easement situate in the CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Parcel
2 as shown on that certain parcel map r~eorded April 28, 1971 in Book 282 of Maps at
Page 25, Santa Clara County Records, more particularly described as follows:
A strip of land I0.00 feet in width contiguous to and lying northerly of the Southerly line
of said parcel.
No. 4588
Drawing LOCA ~ON: N: ~v~rojects ~99_JOBS~99509~dwg ~99309£SMT. dwg
CUPE INO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
FAX: (408) 777-3109
OFFICE OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. 1'~
Meeting Date: September 2, 2003
SUBJECT AND ISSUE
Public hearing on the 2003-04 Local Law Enforcement Block Grant Funds.
BACKGROUND
The City of Cupertino has received $13,868 in Local Law Enforcement Block Grant
funds for the fiscal year 2003-04. Such funds were made available through the Bureau of
Justice Assistance for the purposes of reducing crime and improving public safety. The
grant requires a local match of 10%, or $1,541.
Local Law Enfomement Block Grant funds are restricted to specific types of program
expenditures. The City requested funds for the purpose of establishing crime prevention
programs involving cooperation between community residents and law enforcement
personnel to control, detect, or investigate crime or the prosecution of criminals. In prior
years, these grant funds have been used for several Public Dialogue Consortium (PDC)
Projects. These are community-based action projects in which residents of Cupertino,
working with the City government and law enforcement officials, explored possible ways
of enhancing public safety. In addition, a small amount of the funding was used to
provide family counseling for "at-risk" kids.
This year's allocation will be utilized to fund the neighborhood captain program and "at-
risk" counseling. The PDC will continue to meet with neighborhoods and the Sheriff's
Department for this successful community-policing program.
As part of the grant requirements, an advisory board was established to review the
application and make recommendations to the City for the use of funds received under the
program. The board includes representatives from law enforcement, the court system, the
public school system and local nonprofit groups active in crime prevention. This group
has met and concurred with the project.
Printed on Recycled Paper
RECOMMENDATION:
Staff recommends that the Council receive public comments on the proposed use of
2003-04 Local Law Enforcement Block Grant Funds.
Submitted by:
Carol A. Atwood
Director of Administrative Services
Approved for submission:
David W. Knapp
City Manager
CUPE INO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development Department
Agenda Item No. {_~
Summary
Agenda Date: September 2, 2003
Application: M-2003-04
Applicant (s): Hunter/Storm Associates
Property Location: APN#: 369-40-017 - Cupertino Town Center
RECOMMENDATION
The Planning Commission recommends approval of:
1. Modification M-2003-04 to Use Permit application U-2002-06, in accordance with
Planning Commission Resolution No. 6201
Project Data:
General Plan Designation: Commercial/Office/Residential
Zoning Designation:
Specific Plan:
Project Consistency with:
General Plan:
Zoning:
Specific Plan:
Environmental Assessment:
Application Summary:
P/P(OP) - Planned Office/Planned Professional Office
Heart of the City
Yes. Office and incidental/related commercial uses
allowed in the P (OP)- Planned Office.
Exception to exceed maximum height limit from 36 ft. to
45 ft. received as part of previous approval
Categorical exemption
MODIFICATION to Use Permit U-2002-06 for the Civic Park Master Plan at Cupertino
Town Center. The modifications consist of separating the office building G and caf6
building R (also includes architectural changes to the cafa building and an increase of 20
seats) located at the southwest corner of the intersection of Rodrigues and Torre Avenues.
BACKGROUND
The project is a modification to the master plan at the Town Center development approved
by the City Council on May 19, 2003. The current project proposes a separation between
Caf6 R and Building G as directed by the City Council as part of the master plan approval.
On August 25, 2003, the Planning Commission recommended approval of the project with a
3-1-1 vote (one Commissioner abstaining and another not present).
PrintodonRocy¢lodPaper [~[
Applications: M-2003-04 Hunter/Storm Associates September 2, 2002
Page 2
DISCUSSION
Changes From Previous Master Plan Approval
The project does not propose any major changes to the approved master plan except for the
following:
1. Building G and Caf~ R are separated.
2. The number of seats in the caf~ have been increased from 30 to 50 seats.
Architectural Design
The design for Building G is similar to the "neo-Mediterranean' architectural style
proposed in the earlier master plan. The separated cafe building R has a comer octagonal
entry feature, "Tuscan Yellow" walls, storefront windows, dark green awnings, and
trellises to differentiate it from the office use. The project was reviewed by Larry Cannon,
the City's architectural consultant who was generally pleased with the project and site
design. Staff recommends approval of the design.
Parking
The phasing for the project is as follows:
· Building G and cafg to be constructed.
· Buildings 6-13 to be demolished after tenants are moved into building G.
The parking analysis assumes that construction of the new townhomes will begin and that
the area for Buildings 6-13 will not be available for parking. As the parking analysis below
indicates, the project will be short 40 parking spaces for this phase (not accounting for
vacancies in the current offices). Based on the current vacancy rates, however, the project
will have 52 additional parking spaces. A condition of approval requires that, if a parking
need is demonstrated, the applicants shall provide up to 40 additional spaces through valet
parking, providing spaces on the sites of the demolished buildings (buildings 6-13) or
securing off-site parking facilities.
Buildings 1-5 30% 67 95
Buildings A&B 20% 143 179
Buildings C-E 5 % 75 94
Building F 20% 166 175
Building G
Building R (cafe)
Parking Required
Parking Available
Balance
0% (assumed
0% (assumed
95 95
16 16
562
614
52
654
614
(40)
Applications: M-2003-04 Hunter/Storm Associates September 2, 2002
Page 3
Prepared by: Aarti Shrivastava, Senior Planner
of Community Development
APPROVED BY:
Dav[~'W~~ppj City Manager
ENCLOSURES
Planning Commission Resolution No. 6201
Plan set
Original Plan set (Buildings G&R only) for U-2006-03 approved on May 19, 2003
Staff report to Planning Commission dated August 25, 2003
F: ~ Planning \ PD REPOR T \ pcMreports \ M-2OO3-O4cc. doc
M-2003-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6201
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO THE FIRST PHASE OF USE
PERMIT U-2002-06 FOR CONSTRUCTION OF BUILDING G CONSISTING OF 16,626
SQUARE FEET OF MEDICAL OFFICE SPACE, AND BUILDING R CONSISTING OF 1,900
SQUARE FEET RESTAURANT SPACE AT THE SOUTHWEST CORNER OF RODRIGUES
AVENUE AND TORRE AVENUE.
SECTION I: PRO~ECT DESCRIPTION
Application No.:
Applicant:.
Location:
M-2003-04
Hunter/Storm Associates
Southwest comer of Rodrigues Avenue and Torre Avenue
(APN#: 36940-017 - Cupertino Town Center)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one
or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this rifle.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. M-2003-04 is hereby recommended for approval;
and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
M-2003-04, as set forth in the Minutes of the Planning Commission Meeting of August 25,
2003, and are incorporated by reference herein.
Resolution No. 6201 M-2003-04 August 25, 2003
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
APPROVED EXHIBITS
Approval is based on plan set dated August 4, 2003, entitled "Amendment to Permit
Application - Civic Park Phase One Buildings G & R," and as amended by this
resolution.
DEVELOPMENT APPROVAL
Approval is granted for the construction of 16,626 square feet of a two-story medical
office building with an 81~car underground parking garage and a 1,900 square foot, 50-
seat restaurant building.
DESIGN
a. Materials -Buildings shall provide a stone base to be compatible with the color and
materials of the buildings.
b. Windows - All windows shall be inset at least three inches from the exterior wall
surface.
c. Lighting - A comprehensive lighting plan will be provided to detail accent lighting
on buildings, signage and landscaping and will not cause splllover to neighboring
properties or the public right-of-way.
d. Signage - A master sign program shall be approved by staff.
CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits. Staging of construction equipment shall not
occur within 200 feet of any offsite residential property.
LANDSCAPING
a. Replacement trees - AH the new trees shah be 48' box size minimum except for trees
on parking decks, which shall be 24' box size.
b. Parking lot trees - Twenty new trees shall be provided in the surface parking lot
between Buildings G and H. Two of the trees shah be 48" box coast live oaks (in the
plaza near Civic Park Drive) and the rest shall be a combination of Pyrus calleryana
'Red Spire' (Red Spire Pear) and Prunus yedoenis 'yoshino' (Yoshino flowering
Cherry).
c. Protection plan - As part of the building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the specimen oaks affected by the construction
and the Coast Live Oaks and redwoods to be relocated. The tree protection shall be
inspected and approved by the certified arborist prior to begirming construction.
The certified arborist shall also inspect the trees to be retained and relocated and
shall provide reviews at various stages in the project. A report ascertairdng the good
health of the trees mentioned above shall be provided prior to issuance of final
occupancy.
Tree protection Bond - A tree protection bond in the amount of $15,000 for each
specimen tree to be retained (in the area affected by the first phase) shall be
provided prior to issuance of building permits.
Resolution No. 6201
Page 3
M-2003-04
August 25, 2003
PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the
parking system used by retail customers, office clients and retail/office employees and
shall be subject to staff approval prior to final occupancy. The applicant shall provide
an updated plan for any tenant changes that result in changes to the parking
requirements. In case of a parking problem, the applicant shall provide up to 40
additional spaces through valet parking, providing spaces on the sites of the
demolished buildings (buildings 6-13) or securing off-site parking facilities.
6. ON-STREET PARKING AND IMPROVEMENTS ALONG TORRE AVENUE
a. As part of this project, the applicant shall construct angled parking and sidewalk
improvements on the west side of Torre Avenue along the project frontage as shown
on sheet L-1 on the plan set. The bulb-outs on the north side of Town Center Lane
shall be incorporated into the plan. The applicants shall demonstrate alignment
with the planned Civic Plaza improvements.
b. The applicant shall work with the City to design and install paving at Torre Avenue
and Town Center Lane to integrate with improvements at Civic Center Plaza.
SHARED PARKING AGREEMENT
The total number of spaces to be provided shall be as required by the Municipal Code.
Spaces may be reduced to reflect the reduction in the number of units. A grant of
easement for parking and amendment to the CC&Rs shall be submitted and approved
prior to occupancy and shall be recorded for use of parking spaces between buildings as
indicated below:
Buildings 1-5 and A-F- 503 spaces
Building G - 81 spaces in Building G garage and 7 surface parking spaces in lot between
Buildings G and Building A&B.
Caf6 - 15 surface parking spaces in lot between Buildings G and Buildings A&B.
The text of the easement shall be approved by the City Attorney and the easement shall
be recorded prior to final occupancy for each building affected by this condition.
8. PEDESTRIAN EASEMENT
Pedestrian easements over the sidewalk areas (portion on private property) and
through the interior pedestrian paths and plazas shall be prepared by the developer,
approved by the City Attorney and recorded against the subject property prior to
issuance of building permits.
9. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES
The applicant shall implement the TDM measures recommended in the Transportation
Impact Analysis for Town Center Development by Fehr & Peers Associates, Inc. dated
February 2003. The applicant shall also install the following minimum bicycle parking
facilities (classes indicated in Section 19.100 of the Municipal Code) in locations to be
approved by staff prior to issuance of building permits:
Building G - racks for 5 bikes ( Class II in underground garage)
Caf~ - one small bike rack ( Class III near plaza or surface parking)
Bike racks for residents in Individual storage areas in the garage shall qualify as Class II
requirements for residents in Buildings R-1 and R-2.
Resolution No. 6201 M-2003-04 August 25, 2003
Page 4
10. TRAFFIC CALMING ALONG RODRIGUES AVENUE AND PACIFICA DRIVE
a. The mitigation on Rodrigues Avenue shall include traffic calming measures such as,
traffic curb bulb-outs and/or other traffic mitigation measures, as deemed
appropriate, to offset the project traffic along Rodrigues Avenue. The final plans shall
be reviewed by the Planning Commission and City Council prior to construction. The
applicant contribute the following towards traffic mitigation on Rodrigues Avenue
prior to final occupancy (estimate of cost of improvements shall be determined by the
City after approval of the traffic mitigation plans):
i. Phase 1 - Contribute $30,000 towards design and construction of mitigations.
b. Mitigations for Pacifica shall be approved by the City Council with public input.
Total contribution for mitigations on Pacifica Drive due prior to final occupancy for
Phase 1 shall not exceed $10,000 for Phase 1.
11. DE ANZA BOULEVARDfMcCLELLAN ROAD INTERSECTION IMPROVEMENTS
As part of Phase 1, the applicant shall contribute their proportionate share of the cost to
redesign the McClellan/De Anza signal to enable it to function more efficiently, as
described in the Transportation Impact Analysis for Town Center Development by Fehr
& Peers Associates, Inc. dated February 2003. The applicant's proportionate share will
equal the increment of new traffic added to the intersection compared to the new traffic
from the near term build-out in the surrounding area. Total contribution for Phase 1
shall not exceed $50,000.
12. CIVIC CENTER SPECIAL EVENTS
The applicant shall allow public parking on the Town Center site for special events in
the Civic Center. The terms and conditions of the agreement (including times and
responsibilities) shall be determined by the Director of Community Development, City
Attorney and the applicant.
13. TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers 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.
Said equipment locations shall be determined prior to issuance of building permits.
14. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation from the Cupertino Sanitary District that adequate capacity is available for
the project or the applicant shall make the necessary improvements to ensure adequate
capacity for the project.
15. 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 nofffied 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
Resolution No. 6201 M-2003-04 August 25, 2003
Page 5
90-day period complying with all of the requirements of Section 66020, you will be
legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
16. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
17. 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.
18. 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.
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. 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 unless a different species
is approved.
22. 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.
23. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across
public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless the City
Engineer deems storm drain facilities necessary. Development in all other zoning
districts shall be served by on site storm drainage facilities connected to the City storm
drainage system. If City storm drains are not available; drainage facilities shall be
installed to the satisfaction of the City Engineer.
Resolution No. 6201 M-2003-04 August 25, 2003
Page 6
24. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction on Lot A to the approval of
the City. The driveway to Lot A shall be marked Fire Lane on the final map.
25. 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.
26..EASEMENTS
The developer shall keep all easements free and open of permanent structures at all
times, unless there are written confirmation from the utility companies and the City
saying otherwise.
27. 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. Fees shall be reduced to reflect the reduction in residential units from 217 to
142. Said agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ 6% of Off-Site Improvement Cost or $1,975.00
minin~um
b. Grading Permit. $ 6% of Site Improvement Cost
c. Development Maintenance Deposit: $ 3,000.00
d. Storm Drainage Fee: $1,290/ACRE
e. Power Cost. **
f. Map Checking Fees: NA
g. Park Fees: NA
** Developer is responsible for one-year power cost. The latest effective PG&E rate
schedule approved by the PUC will dictate the power cost
**** Please see attached sheet
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. 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.
Resolution No. 6201 M-2003-04 August 25, 2003
Page 7
28. 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 slxeet areas.
29. 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.
30. NOTICE OF INTENT
The applicant must file a Notice of Intent (NOI), as required by the State Water
Resource Control Board, for all construction activity disturbing 1 acre or more of soil.
The permit requires the development and implementation of a Storm Water Pollution
Prevention Plan (SWPPP) and the uffiization of storm water BMP's. The City shall
review the SWPPP for adequacy.
31. 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.
32. FIRE ACCESS LANES
Emergency fire access lanes shall be recorded as fire lane easements on the final map
and shall meet Central Fire District standards.
33. 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.
34. DIAGONAL PARKING
Diagonal parking can be constructed along the western side of Torte Avenue.
Additional right of way needed to accommodate this diagonal parking must be attained
from the applicant's portion of the lot, not the City's.
35. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the City Engineer and
the Director of Community Development. Clearance by the Public Works and
Community Development Department is needed prior to obtaining a building permit.
Resolution No. 6201 M-2003-04 August 25, 2003
Page 8
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 W of this
Resolution conform to generally accepted engineering practices.
/ s/Ralph Quails
Ralph Quails, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 25th day of August 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Corr, Miller and Chairperson Chen
COMMISSIONERS:
COMMISSIONERS: Wong
COMMISSIONERS: Vice-Chair Saadati
APPROVED:
/s/Steve Piasecki
Steve Piasecki
Director of Community Development
/s/Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
G: \ Planning I PD REPORT\ RES I M-2003-04 res.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: M-2003-04 Agenda Date: August 25, 2003
Applicant (s): Hunter/Storm Associates
Property Location: APN#: 369-40-017 - Cupertino Town Center
Application Summary:
MODIFICATION to Use Perm/t U-2002-06 for the Civic Park Master Plan at Cupertino
Town Center. The modifications consist of separating the office building G and caf~
building R (also includes architectural changes to the ca/~ building and an increase of 20
seats) located at the southwest comer of the intersection of Rodrigues and Torre Avenues.
RECOMMENDATION
Staff recommends approval of: '
1. Modification M-2003-04 to Use Permit application U-2002-06, in accordance with the
model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Specific Plan:
Project Consistency with:
General Plan:
Zoning:
Specific Plan:
Environmental Assessment:
Commercial/Office/Residential
P/P(OP) - Planned Office/Planned Professional Office
Heart of the City
Yes. Office and incidental/related commercial uses
allowed in the P (OP)- Planned Office.
Exception to exceed maximum height limit from 36 ft. to
45 ft. received as part of previous approval
Categorical exemption
BACKGROUND
The project is a modification to the master plan at the Town Center development approved
by the City Council on May 19, 2003. The current project proposes a separation between
Ca/d R and Building G as directed by the City Council as part of the master plan approval.
DISCUSSION
Changes From Previous Master Plan Approval
The project does not propose any major changes to the approved master plan except for the
following:
1. Building G and Cafd R are separated.
2. The number of seats in the cafd have been increased from 30 to 50 seats.
Applications: M-2003-04 Hunter/Storm Associates August 25, 2002
Page 2
Architectural Design
The design for Building G is similar to the "neo-Mediterranean' architectural style
proposed in the earlier master plan. The separated cafe building R is also built in the same
style a_nd with the same materials as the office building. However, it has a comer octagonal
entry feature, "Tuscan Yellow" walls, store&ont windows, dark green awnings, and
trellises to differentiate it &om the office use. The building is open to the street along Torre
Avenue and Town Center Lane due to large windows lir~g the indoor dining area and
outdoor dining on the plaza. The project was reviewed by Larry Cannon, the City's
architectural consultant who was generally pleased with the project and site design. Shaft
recommends approval of the design.
Parking
The phasing for the project is as follows:
· Building G and caf~ to be constructed.
· Buildings 6-13 to be demolished after tenants are moved into building G.
The parking analysis assumes that construction of the new townhomes will commence and
that the area for Buildings 6-13 will not be available for parking. As the parking analysis
below indicates, the project will be short 40 parking spaces for this phase (not accounting
for vacancies in the current offices). Based on the current vacancy rates, however, the
project will have 52 additional parking spaces. A condition of approval requires that, if a
parking need is demonstrated, the applicants shall provide up to 40 additional spaces
through valet parking, providing spaces on the sites of the demolished buildings (buildings
6-13) or securing off-site parking facilities. Per the conditions of approval, a final detailed
construction operation plan is required to be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
1-5 30% 67 95
20% 143 179
Buildings C-E 5%
F 20%
G
Building R (cafe) I 0% (assruned
Parking Required [
Parking Available
Balance
75 94
166 175
95 95
16 16
562 654
614 614
52
AMENDMENT TO PERMIT APPLICATION
CIVIC PARK PHASE ONE BUILDINGS G & R
AUG 0 ~ 2003
PROJECT DESCRIPTION:
NEW TWO STORY OFFICE BUILDING OVER A
ONE LEVEL BELOW GRADE PARKING STRUCTURE.
NEW ONE STORY RESTAURANT BUILDING
VICINITYMAP
PROJECT suMMARy:
A.P.N.: 369..40-017, 002
SITE: 47,0~91 SF. (1.09 ACRES +)
BUILDING AREAS:
BUILDING G: +/- 16,300 USABLE SF.
BUILDING R: +1- ;~000 SE.
PARKING REQUIRED: 115 SPACES
BUILDING G = 16,3~0 ~F. 1175 SF. (MEDICAL~ 93 SPACES
BUILDI~IG R = 50 DINER~I 13 = 1 ? SPACES + 5 ST~F SPACES = 22 SAPCES
PARKING PROVID[~D: 115 SPACES
TABLE OF CONTENTS
0
TITLE SHEET
1ST FLOOR & SITE PLANS
2ND FLOOR & GARAGE PLANS
BUILDING ELEVATIONS
ROOF PLANS & BUILDING SECTIONS
L1 LANDSCAPE PLAN
L2 TREE SURVEY PLAN
L3 GRADING PLAN
~UILDING G & R
o~
BUILDING R
HC
BU/L.DING G 12 STORIES
TORRE AVE.
BUILDING G &
LU
Z
UJ
LU
SITE PL~ &
1 ~' FLOOR PLUS
N~
82.10 USF.
SECOND FLOOR PLAN
GARAGE PLAN
Nb'
1"=10'
BUILDINGS G &F
~ °
BU1LDING G & R
GaRdE PLAN
SOUTH ELEVATION BUILDING R
SOUTH ELEVATION BUILDING G
WEST ELEVATION
EAST ELEVATION
NORTH ELEVATION BUILDING R
NORTH ELEVA~ON BI;IfI_-DIN-G G u.~.~
BUILDING G & R
~_ °
O
ROO~GLES
TORRIE AVE
Nb,
BUILDING G
GARAGE
SECTIONS AA
ROOF PLAN 1"=1(7
BUILDING G & R
°
BUI!~INGS G & R
ROOF pLANS &
BUILDING SECTIONS
SECTIONS BB SECTIONS CC
SECTIONS ?=1(7
O 0 O 0 ".'": .
L TO HAVE
[ CHINEN$1S
VINES AT EACH POST,
BUILDING R
BUILDING G 12 STORIES
LINE OF GARAGE BELOW
· NORTH
LANDSCAPE PLAJ~I
68
·65
BUILDING R
BUILDING G 12 STORIES
73
62
61
TREE SURVEY*
EXISTING TREE TO BE RELOCATED, BASED ON FOLLOWING CRITERIA: EXIS~lflG TREE TO BE REMOVED APPROXIMATE DRIP LINES OF SELECT EXISTING
f~ ~EXISTING TREE TO REMAIN '~'~ .'~[~ (1) TREE rs IN GOOD HEALTH, · TREES ACCORDING TO ALTA PLAN-- 11/2/00
-- ~_.~/' (2) m~E 'S A HERITAGE mE]E, AND
(5) TREE IS ACCESSIBLE.
* ~EE REPORT, CUPERTINO TOWN CENTER, CUPERTINO, CALIFORNIA SUBMI~D BY: MAYNE TREE EXPERT COMPANY, INC. 3-08-02
BUILDINGS G & R
°
O
TREE SURVEY
+228 +224
BUILDINGS G & R
_~ °
o
GRADING pLAN
EAST ELEVATION
NORTH ELEVATION
SOUTH ELEVATION
CIVIC PARK BUILDING G & R
CUPERTINO, CALIFORNIA
APPROVED CIVIC PARK PLANS (BLDG G & R)
o5/~9/o3
(E)
(E) BLDG BLDG
D C
IIIIIIIII1~111111
BLDG R-2
I
J
I I I
BLDG R-1
I
.-----* j
BLDG F
BLDG H
UlllI1HIIll Illll
BLDG G
SIT~ PtY~I
1 STORY
RESTAUR~rT 1600 USF.
2 STORY OFFICE BUILDING / 16,376 USF.
1ST FLOOR 17821SF.
TORRE AVE.
LU
Z
UJ
LLI
BUILDII~ G
SI1E pI..N~ &
1ST FLOOR PLAN
G-1
10,000 GROSS St=.
8555 USF.
SECOND FLOOR PLAN 1"=10'
GARAGE PLAN
1"=10'
BUILDING G
SECOND FLOOR Pt. AN
GARAGE PLAN
SOUTH ELEVATION
WEST ELEVATION
EAST ELEVATION
NORTH ELEVATION
BUILDING
ELEVA'IIONS
Applications: M-2003-04 Hunter/Storm Associates August 25, 2002
Page 3
Submitted by: Aarti Shrivastava, Senior Planner ~J
Approved by: Steve Piasecki, D~rector of Community Developmen~....~
ENCLOSURES
Model Resolution
Plan set
Original Plan set (Buildings G&R only) for U-2006-03 approved on May 19, 2003
G: \ Planning \ PDREPORT\ ?CMREPORTS ~ M-2003-O4,doc
RESOLUTION NO. 03-162
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING POLICIES AND PROCEDURES FOR THE NAMING OF CITY
FACILITIES AND FOR RECOGNIZING FINANCIAL DONORS
WHEREAS, the City Council has determined that there is a need for policies and
procedures for the naming of city facilities and for recognizing financial donors;
NOW, THEREFORE, BE IT RESOLVED:
1. That the following policies and procedures are hereby adopted.
City of Cupertino
The Naming of City Facilities and Recognition of Financial Donors
Policy and Procedure
Purpose
The purpose of this document is to define the policies, procedures, and
responsibilities associated with the naming of city facilities, portions thereof, structures,
equipment and furnishings thereof and to provide a process for the recognition of private
donations and in-kind contributions to the city.
Policy Guidelines
1) Naming Policy
City buildings and facilities should be named in a manner that will provide an
easy and recognizable reference.
City buildings, facilities or portions thereof, structures, equipment and furnishings
may be named:
For their geographical location, e.g., neighborhood, major street
regional area or the city itself.
b)
To honor or recognize individuals, including but not limited to,
retired elected officials or community volunteers, who have made
extraordinary non-monetary contributions to the City of Cupertino,
the region, or to the general public.
Resolutlon No. 0~- 162
2) Procedure for Naming:
The naming of any city building, facility or portion thereofi
structure, equipment or furnishing, based upon the above
described guidelines, is subject to the approval of the city council,
upon recommendation of the city manager and after the conduct
of at least one public hearing.
b)
The city council may refer a particular naming issue to an
appropriate commission for the purpose of making a
recommendation to the council.
c)
The city council may remove a name from a city building,
facility or portion thereof, structure, equipment or furnishings
when deemed by the city council to be in the best interests of
the city.
3) Recognition of Financial Donations and In-Kind Contributions
a)
No city building, facility or portion thereof, structure, equipment or
fumishing shall be named after an individual, group, organization
or business as a result of a financial donation or in-kind
contribution to the city.
b)
Prior to acceptance by the city council, a donation or in-kind
contribution shall first be submitted to the city manager for
recommendation to the city council.
c)
A donation or in-kind contribution which is accepted by the
city council may be recognized by a plaque affixed to the
appropriate city building, facility or portion thereof, structure,
equipment or furnishings which shall read as follows:
This [identification of facility] was made possible in part
by the generous contribution of and
his/her family; or
This [identification of facility] was made possible in part
by the generous contribution of
[business or organization]; or
This [identification of facility] was made possible in part
by the generous contribution of in
the name of _;
or similar language.
Resolution No. 03-162
d)
The size, type and location of the plaque shall be determined, on a
case by case basis, by the city council upon recommendation of the
city manager.
e)
The city council may also cause to be designed a plaque or other
object to be affixed to the city building, facility, or portion thereof,
structure, equipment or furnishings which recognizes a group of
donors and contributors to the city.
A copy of these guidelines will be given to any donor or
contributor prior to submission of the donation or contribution to
the city council for acceptance unless these guidelines are amended
by the city council. The acceptance by the city council
of any donation or in-kind contribution is expressly conditioned
upon adherence to these guidelines.
4) Maintenance of recognition plaque, tree or other gift
The city will make reasonable efforts to preserve any
recognition plaque or other dedicated object. If necessary, due
to repair of surrounding areas, construction or redesign of a
building or facility, the plaque may be relocated. If the plaque or
other dedication object cannot continue to be reasonably
maintained, it may be removed by order of the city council
b)
If the dedication includes a gift of a plant or tree, the city will
provide its regular standard of landscape care for the plant or tree.
If the plant or tree does not survive, the city is not obligated to
provide a replacement. If the dedication includes the girl of an
object such as a bench, picnic table, play equipment, etc., the
city will provide its regular standard of care and maintenance for
the object.
c)
Any plant, tree, or object donated to the city and any plaque
recognizing the donation may be removed at the discretion of the
city council when it deems that such removal would be in the best
interests of the city.
l~esolut~on No. 0~- 162
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 2nd day of September 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CITY OF
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 77%3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
AGENDA ITEM
Summary
.GECO. ^u nst 4, 2003
SUBJECT AND ISSUE
Consideration of a study session on the City Naming Policy as requested by the Library
Foundation.
BACKGROUND
Attached is a July 17, 2003, letter from the Cupertino Library Foundation raising concerns
regarding the City's naming policy and how it impacts Foundation fundraising efforts. It further
requests that the Council schedule a joint workshop with the Library Foundation to discuss these
issues.
In order to assist the Council in addressing these concerns, staff has provided responses to the
specific items stated in the letter, which follow in numbered order as they appear in the
Foundation's letter:
1. Staff does not agree that this establishes an adversarial relationship but, in fact, clarifies
the Council's position on naming as part of the fundraising efforts.
The new policy was intended to apply to all donations yet to be received and accepted by
the City, i.e. prospectively from the date of the adoption of the policy. SInce, under this
campaign, no donations have yet been accepted by the City, this would effectively apply
to all donations. Since City Council is the final authority, it could exempt any specific
naming request. The Foundation should come forward with any specific cases where it
feels a commitment was made to a donor.
The Council's policy clearly states that City Council must take action on accepting any
donation after considering the City Manager's recommendation. This procedure should
not create any particular difficulty nor do we believe, if properly represented, will have a
negative affect on the fundraising efforts.
4. It is clear that monetary donations accepted by the City are tax deductible under Section
170 (c)(1) of the Internal Revenue Code.
5. The City may accept donations from the Foundation on behalfof anonymous donors.
The funds that are raised are being collected by the Foundation and, at some point, are to
be accepted by the City Council because the Library facility and its assets are City
property. The City will in turn make the funds available to the Library Director, who will
act as the purchasing agent for the FF&E owing to their particular expertise and
"economy of scale" buying power following the County procurement policies and
procedures. The City is not aware of any impediments, legal or otherwise, that would
limit the Foundation's ability to give funds to the City. The fundraising component has
always been viewed by the City as a component of the total project budget and, in fact,
was specifically cited as such in the Council budget deliberations of August 2001 when
the Foundation agreed to accept the responsibility for raising the additional $1.2 million.
As noted in items 1 and 4 above, we do not believe that the new policy will have a
negative impact on fundraising if, for no other reason, that the conditions and the process
for donations are now very clear.
We are certain, as with all adopted Council policies, the community may rely with
confidence on the provisions of the City Facility Naming Policy and that donors who
contribute to the library project will be received with gratitude, dignity, and respect.
It is hoped that the responses provided above satisfactorily address their concerns. In that regard,
staff does not believe that the Council would need to conduct a study session on this subject, and
would not recommend it as a necessary course of action.
Submitted by:
Public Works Department
Approved for submission
to the City Council:
David W. Knapp
City Manager
CUPERTINO LIBRARY FOUNDATION
10400 Torte Avenue
Cupe~ino, C~ 95014-3254
July 17, 2003
Honorable Mayor and City Council
City of Cupertino
10300 Torte Avenue
Cupertino, CA 95014
Dear Sirs and Madame:
The Cupertino Library Foundation held a special meeting on July 14 to evaluate the new
naming and financial donation recogn/tion policy which the City Council voted to approve
on July'7 and the effects it will have on our fundraising effort to furnish the new Library.
At the unanimous direction of the Foundation, I write to share with you the serious
concerns the Foundation Board has with this new policy.
o This new policy establishes an adversarial relationship between the City Council, the
(~ Campaign Committee and the donors and potential donors.
o If as it seems to imply, this new policy is retroactive and will apply to all donations and
all pledges for donations already exempt, the City Council should exempt al/donations and
(_~) pledges the of this policy which were made in good faith under
received
prior
to
adoption
the terms of the July 20, 2002 Council vote and subsequent votes establishing policy in
· March of 2003.
o This new policy will make fundraising more difficult because the campaign committee
can no longer accept a conlribufion but, instead, must to tell potential donors that they and
(~) their potential donation must be approved first by the City Manager and then by a public
vote of the City Council. The potential of being publicly rejected will have a chilling effect.
o It is not clear that the City has the ability to accept monetaxy donations wh/ch are tax
deductible. Tax deductibility will be a major concern to potential donors. Does the City
have a written declaration from the IRS which states that it can receive cash contributions
which will be ~tax deductible? If not, is ',he City tal~ng action to detern-dne whether such a
ruling can be obtained?
o It is not clear how a donation from a qualified donor which has been accepted by the
(~ campaign committee but who wishes no public recognition and no publicity will be
accepted.
The Library Foundation exists to raise funds to enhance the Cupertino Library. It has no
To do so may endanger its status as
l°egal authority to give funds to the City of Cupertino.
a 501-C-3 organization.
o Presenting your proposed new policy as guidelines to all potential donors will have a
further chilling effect on the willingness of many to conffibute and may make it impossible
for the campaign to raise the previously-planned $1.5 million.
Honorable Mayor and City Council -2-
JUly 16, 2003
o There is no assurance that this new policy wil/stand, since the City Council's recent
votes of 5-0 and 4-1 on which we relied in our fundraising efforts now have been
overturned with the approval of this new policy. Therefore, the policy cannot be relied on
by the carnpalgn committee nor by donors and potential donors. Potential donors have said
that they will not contribute because to do so would allow a City Council member to
publicly "drag their name through the mud." The new policy formal{zcs this situation. One
Board member who has made a contribution and selected a naming opportunity stated that
they would n,,o,t have made a contribution ~ this new policy had been in effect. As Mayor
Chang said, The well has been poisoned. The proposed policy does nothing to alleviate
this situation.
With so many serious concerns outstanding, it could be useful to have a joint study City
Council-Library Foundation study session on t/tis policy.
We look forward to hearing from you.
Sincerely, ~ ff~
Palrick F. Rogers, Presi,de..nt
Cupertino Library Foundation
CC: City Manager
CITY OF
CUPE INO
10300 TorreAvenue
cupe~ino, CA 95014-3255
(408)777-3251
FAX(408) 777-3333
Community Development Department
Housing Services
Summary
Agenda Item No. __
Agenda Date: September 2, 2003
Subject:
Report and recommendation regarding request from Terry Hertel pertaining to the tank house
near Blackberry Farm Golf Course.
Recommendation:
Staff recommends that the City Council direct staff to pursue option two.
Option One: Allow the Byme Avenue Homeowners Association to remove the
condition that they maintain the tank house and allow the Association to
dismantle and destroy the tank house.
Option Two: The City will assist the homeowners in contacting the Cupertino
Historical Society and other volunteers wishing to assist with the repair of the
tank house. The homeowners would commit, subject to future negotiations, to
fund a majority of the cost to renovate the structure and set-aside a fund for
continued maintenance.
In either option, the Byrne Avenue Homeowners Association should be required
to complete a lot line adjustment so that the City of Cupertino will not have to
relocate the golf course and restaurant structures.
Background:
In 1980, the city of Cupertino required developer Terry Brown to relocate a tank house from the
Oakdell Ranch area to some vacant land near the Black Berry Farm Golf Course as a condition
of approval for development of eight homes on Byme Avenue. The vacant land was open space
(undevelopable land) required in the Byrne Avenue development. The Byme Avenue
homeowners are required by way of a covenant running with the land to maintain the tank house.
At the Homeowners Association request, staff researched the covenant to assure it was properly
recorded against the properties in 2000. The covenants were recorded properly.
The maintenance of the tank house has been the subject of many conversations between the
Homeowners Association and the City of Cupertino. Staffhas attached correspondence received
from the Byme Avenue Homeowners Association discussing the repairs that were requested by
the City in 1992 and the Homeowners Association obligation. Also enclosed is correspondence
from Parks and Recreation Director Therese Ambrosi Smith to Mr. Terry Hertd regarding the
process to emend the conditions of approval for the development.
The tank house has also been the subject of many conversations between the Cupertino
Historical Society and the City of Cupertino. The Historical Society believes that the tank house
has historical significance to the city and would like to see the tank house maintained and
preserved. Attached is a letter from Louis Stocklmeir which includes some history of the tank
house which was constructed in the late 1800's. Phyllis Filiberti Butler also features the tank
house in the book "Old Santa Clara Valley, A Guide to Historic Buildings from Palo Alto to
Gilroy". An excerpt from page 114 of the book is included for reference.
Discussion:
In recent years, the tank house has fallen into a
state of disrepair. The Byme Avenue
Homeowners Association has submitted the
following letter requesting the City dismantle
and relocate the tank house to a "more suitable
site" or dismantle the tank house without
relocating the structure. The request is based
upon the Byme Avenue Homeowners
Association's perception that the City did not
compel the original property developer to
provide water and electric service to the tank
house as required in the original conditions of
approval for the development.
The affected members of the Byme Avenue Homeowners Association and city staff met on
August 27th to discuss options to resolve the problem. There are basically two problems that
need to be resolved. An ALTA survey commissioned by the City of Cupertino, shows that the
City of Cupertino currently occupies approximately 10 feet of the Associations property along
the western edge of the vacant parcel. A storage shed utilized by Blackberry Farm Golf Course
and the trash enclosure for the Blue Pheasant Restaurant currently reside on the Byme Avenue
Homeowners Association's property. The second problem needing to be addressed is the state of
disrepair of the tank house. All parties involved agreed that there are two options which may be
proposed to the City Council to resolve the situation. The options are as follows:
Option One: Allow the Byme Avenue Homeowners Association to remove the
condition that they maintain the tank house and allow the Association to
dismantle and destroy the tank house.
Option Two: The City will assist the homeowners in contacting the Cupertino
Historical Society and other volunteers wishing to assist with the repair of the
tank house. The homeowners would commit, subject to future negotiations, to
fund a majority of the cost to renovate the structure and set-aside a fund for
continued maintenance.
In either option, the Byrne Avenue Homeowners Association should be required
to complete a lot line adjustment so that the City of Cupertino will not have to
relocate the golf course and restaurant structures.
Prepared by: Vera Gil, Senior Planner
Submitte¢ ~.
Director of Community Development
Approved for Submittal:
Dav w. ap3
City Manager
Enclosures:
Byme Avenue Homeowners Association letter and attachments dated July 27, 2003
Byme Avenue Homeowners Association correspondence dated January 10, 1992
Correspondence fi:om City of Cupertino to Mr. Hertel dated May 15, 2001
Correspondence from Louis Stocklmeir dated February 5, 1980
Excerpt from "Old Santa Clara Valley; A Guide to Historic Buildings fi:om Palo Alto to Gilroy",
Phyllis Filiberti Butler.
Richard E. Whicker
Terry Hertel
Sharon Northrup
Rust~ Meier
Byrne Avenue Homeowners Association
10025 Byrne Avenue
Cupertino, Ca 95014
Dear City Council,
We would like to be put on the agenda of the upcoming council meeting
to prompt a decision on the disposition of the "Tank House" structure on
Lot 6, Tract 6574, otherwise known as Byme Avenue Homeowners
Association.
In July 1980 Terry Brown, the developer of Byme Avenue properties
made an agreement with the City of Cupertino to allow the structure to be
moved onto the property. This agreement was not disclosed to the three
other homeowners at the time it was made. More importantly, the
agreement required that electrical and water service be provided to the
structure, all fixtures hooked up to said utilities, and the site immediately
surrounding the structure be cleaned and graded after construction work
was completed. Additionally, necessary exterior repairs and painting
were to have been performed to make the structure weather-tight.
$18,000 was set aside in the form of a bond to move the structure and
assure that the above was accomplished. However, the City of Cupertino
has not executed the work required (please see attachment A). The
structure was moved and that was all that was done. The Byme Avenue
Homeowners, were given the obligation to maintain this structure without
the necessary tools to do so.
The decision we would like, since the condition of the tank house is very
run-down and lacks the necessary services to keep it up, is permission to
dismantle the structure. Or else, have the City relocate the structure to a
more suitable site, such as the Stocklmeir Ranch 200 yards to the north of
its present location where there are plans for a Cupertino Living History
Museum.
Thank you for your attention,
cker, - /
Encls.
CC: Dave Knapp
mBA
SARA~
NKO AMERICA
OGA BRANCH
October 2, 1980
Cttyiof Cupertino
Planning Department
~: ~est Wind Develo~ent Inc. and
~ierra ~der Development, Inc. Loan # 405-1008
Tract 6943, Oakdell ~nch
Qupertino~ Ca.
Dear [Sirs:
?l~e be advised we are holding $10,000.00 to guarantee completion of
the 'l'ankhouse Building of Tract ~943 as part of the Construction loan.
If yo~ ~ave~~s, please do not hesitate to'call me at
Manager
MP ~mb
¥eslXOind
De' elpp, ' enl, Inc.
13901 Campoi Vista Lane. Los Altos
Hills,
California
94022
(415) 948-8774
(415) 948-0111
October 2, 980
Planning De ~artment
City of Cupertino
10~00 TorrelAve.
Cupertino, ;A 95014
RE: Tract ~943, Oakdell Ranch, Application Il-U-.8,0.
C~ent lemen,
Our ¢oq~pany hereby agrees to perform t. hose conditions outlined in
Condition #I7 of the above application regarding the Tankhouse Structure.
All costs f~r, the work indicated in Condition #17 wl]l be borne by 'Wool-
worth Const~uction~ Company. The Tankhouse shall be moved to property
owned by By,ne Avenue Properties (Te~ry Brown), Tract #6574, Lot #G end
maintained I~y the 8ryne Avenue Prope. rties of Tract #6574 as outlined in a
separate agdeement with the"C~ty of Cupertino.
Attach&d is a l~tter for credit in the amount of $10,0OO.00 from the
Bank of America for the cost to move and place the Tankhouse Structure on
the Bryne A~enue Property and make those necessary repairs to the structure
as outlined iby the City. Also, $8,O00.00 was set aside in the Falthfu]
Performance ~and~ completion Inproveraent Bond for the improvement of the
Tankhouse Stlructure.
We ther;forei agree to perform those obllgations regarding the Tank-
house Structure as outlined in Condition #17 of Application lI-U-801
Veru truly y6urs,
·
A.R. Woolwo~-~h, President
14ESTWIND DEVELOPMENT, INC.
Rohald A. Woolworth, Presiden~
SIERRA ALDERiO£VELOPffENT' INC.
Terry Brown
BYRNE AVENUE HOMEOWNERS ASSOCIATION
21930 BYRNE COURT
CUPERTINO, CALIFORNIA 95008
January 10, 1992
TO:
FROM:
Linda Vincent
SUB3ECT:
COMMON AREA MAINTENANCE
Dear Neighbors:
I received a call from Bob Cowan at the City of ~upertino regarding our
tank house and its state of disrepair. He reminded me of our obligation
to maintain it and asked for a prompt response as to our intentions.
Several months ago Terry Hertel got a bid from Randy Brown to replace the
gate, make matching hatchcover-type shutters for the brok6n windows, and
repair the railing around the upper deck of the tank house. His bid for
the materials, labor, and clean-up was $1,625.00.
Most of you will recall that about two years ago Terry Brown inquired
about moving the tank house to use as a landmark for his commercial
development. Now that the design of the new development has been
finalized, we know for sure that the tank house will stay where it is.
I recommend that we'proceed with the repairs. I have enclosed a statement
of our current cash position and the contribution required from each
homeowner to cover the 1992 expenses. If you all concur with the plan to
make the repairs, I will need your checks before the work starts on
approximately March 1, 1992. .
We have not had a Homeowner's meeting for several years. Our CC&R's call
for an annual meeting to take pla~e od the third' Tuesday of February. If
anyone wants to get together to discuss issues related to the association,
please contact me before February 1, 1992 so we can make arrangements for
an official meeting. The CC&R's call for a minimum of five homeowners in
attendance and a majority vote of those present or represented can decide
on an action that will affect all the homeowners.
cc~: Bob Cowan, City of Cupertino";
~ ~7- 77~-~
CITY OF
CUPEI INO
City Hall
10300 Torte k~enue
Cupertino, CA 95014-3255
Telephone: (408) 777-3110
FAX: (408) 777-3366
Website: www.cupertino.org
PARKS AND RECREATION ADMINISTRATION
May l5,2001
Mr. Terry He~el
10015BymeAvenue
Cupertino, CA 95014
Dear Mr. Hertel:
Following our recent telephone conversation, I reviewed the file regarding the tank house and the
Byme Avenue Homeowners Association. While I understand your frustration dealing with the
developer's legacy, the conditions of approval for permit 1 I-U-80 are in effect until amended.
Attached is a copy of a letter Ciddy Wordell sent you approximately three years ago notifying
you of the process to amend the conditions of approval that entitled the builder to move forward
with the development of your home.
Please understand that City staffmay be sympathetic to your plight, but decisions made by
elected officials following a public hearing and Planning Commission action cannot be simply
undone by staff. There is a public process for amending the conditions of approval that may
ultimately provide the result that you seek, but it will be necessary for the Homeowner's
Association to apply for the amendment and make their case for it in the public forum.
I hope this process ultimately resolves this issue in a manner you believe is fair. IfI can provide
additional assistance, please call me at 777-3110.
Sincerely,
~tor
Parks and Recreation Department
CC:
Dave Knapp, City Manager
Chuck Kilian, City Attorney
Ralph Quails, Director, Public Works
Steve Piasecki, Director, Community Development
Ciddy Wordell, City Planner
Vera Gill, Senior Planner.,
Mike O'Dowd, Recreation Supervisor
Kim Smith, City Clerk
LOUIS STOCKLMEIR
22120 STEVENS CREEK BOULEVARD
CUPERTINO, CALIFORNIA 95014
February 5, 1980
Mtm. Arthur Robertson
21979 Oak Dell Place
Cupertino, California
95014
PERSONAL
A) Prelude to letteri Some more brief historical infomation
for your use
B) Tank house structure on historically Nathan Hall Property
C) Tentative ~p showing 5 acre 'oroposed subdivision, last
owned by Laughlin
Situate - Sec~_ton liT, ?S, F~W, M.D.B. & If.
Dear Mrs. Rober~son:
This letter ~itten ~ you is auw,euting a previous one in which I spoke of
some interesting items of historical background of the HaLl Rm~ch holdings.
Your in~eres~ in mat~ers historical, I believe ~o be similar to tha: of
those of us ~ho are endowed with a retention of historical i=ems of every.
classification.
B~iafly, I was born in 1892 in the high plateau com~try of the ~anta Cruz 1-buntains
about three miles south ~f the Village o~ Los Cares. It too, was an expansive
ranch proper~-~ wl~h a beautiful home overlookin~ ~b.e many creeks and can~ons
cons~itdting the area of landscape in all directions.
;~en I was the age of two years, my mother used to ride the many tr..tls in
cha~ location, on her own saddle horse, with me seated behind the por=~l of the
saddle. ~e peaceful little wild ca~s which gave the name ~o the Villase of
Los Catos of~an followed alon~ the trails behind us.
At the r/me of my bir~ Queen victoria, who later became my favorite queen,
was on the ~brone of Great Britain and the President of the United States was
~anJamiu, Harrison.
The molmtain air was pure as the driven snow which sometimes lightly coversd the
area. ~e canyon stte~ ran bet~reen thickly wooded ar~as, the boughs of which
ove~hong the foamy clear waters.
Nostalgically, my conservation inclinationwas deeply ingrained into my nature
by the tmdistrubed environmental surroundings.
Fortunately, I was born with a photographic memory and can ree~!l incidents from
the age of D~o years.
I visited the original Cupertino area and also the Westafda area in i898 at
~he a~e of six years and retained from that ~sit i~ssions ~i~ still
lin2er in my mind. Wi~d-!lls and tall t~k structure ~d ~eir ~es we~ of
deep integer. I moved with my f~ly ~o years later into the o~inal
Cupertino area in whi~ ~he Nathan H~l proper~ ~d the Bla~ber~ Fa~
proper~ were si~ted. ~is section, kn~ ~ the origin~ Cupertino area
adjoined ~e Wastside area to ~e Eas~ v~ historic~ly recorded in the historical
writings of the region, p~shed in ~e eighth decade of ~e 19~ Century.
Nathan Hell, for a number of years, lived with Captain Stephens (Stevens), owner
of Blackberry Farm. After a few Fears he bought the provirty adjoining the
Blackberry Farm Co the North, homesteading part thereof and paying off squatters
who had coma in and temporarily taking over some of the property.
As I mentioned in m~ fo~mar letter, he lived in e small shingled roofed, single
wailed, board and batten building wbtth stood on the east bank of Cupertino
Creek (Stevens), approximately in lite twenty by fifty feet and partitioned off
into rooms, each one representing space for kitchen, bedrooms and storage. This
buildin$ was located close to the banks of Cupertino Creek (Stevens Creek)
approximately five hundred feet northwest of the present tankhouse structure.
It served as a domicile ,mtil the seventh decade of the 19th Century, approximately
at which period of time, he married garah Brewer, a scllool teacher who taught
firstly ia the primary schools of the area around Cuerneville in the Sacramento
Valley on the banks of the Russian River.
Later she tau~%t at the old Lincoln School, nO longer existing, built in 1865,
and situated at ~e northeast ~ormer of Prospect Road and' Mountain View-Saratoga
Road as it was then called, nov known in part as De Anza Boulevard. Prior thereto
she taught also in a pflvats subscription school situated on the banks of
Stevens Cree__k near ~cClellan Road. It was during her sojourn at that versed that
who mat ~nd became the wile of Nathan J. Hall.
After the marriage in the seventh decade of the 19th Century, of Nathan J. Hall
and Sarah Brewer, Hall started the complex of buildin~s and a Victorian ~ype
residence in the are~ in which the present residual remsant of a tank structure
Hall did ant contemplate at that time, one of other developments which occurred
and which inured to his beneficial advantages oi owning his 172 acres in follow-
ing decades.
In the eighth decade of the 19th Century, a large landowner in the Uestside
district, owner of some 160 acres, b~ nature an ardent agriculturist, with whom
I:.~as acquainted, experiencing water difficulties with his deep-dug veils,
d~cided to buy the riparian waterriDhCs of the then existing Blackberry Farm
and solve hie problems of water once and for all. The anticipation was very
successful. I will not ~o into the ramifications involvin~ all of the details
and ma~aitudewhich this decision of the landowner, not only affected the
original Cupertino district but also affected that of the ~astside area as well
as a large western section covering Santa Clara County.
go,e: The referred to landowner was the first owner and o~erator of a fruit
cannery established in the original Cupertino-Uestside area.
page 2.
The landowner who bouEht ~he riparian rights of Blackberry Farm took advantage
of the al~nost permanent seasonal flow of Stevens Creek. At the time he
briefly had constructed a diversion inCake directly from the creek on
Blackberry Farm but he further installed a 50 horsepower steam engine with
centrifugal pmnps as well as lesser equipment consisting of gasoline-engine driven
pumps and divertin§ such waters into a t-~elve and eleven inch riveted steel
pipeline across Blackberry Farm and then the Nathan Hall Ranch. This .,ipeline
ran vet~ close to ~he tnh~ structure exietin~ on the Hall property and could be
used to fill the tank fomerly installed in the structure.
Hal/'s recognition for reimbursement of the pipeline easement for :he eleven
inch line made with the ~estside lando~mer was under an agreement that he could
use the facilities and capacity of the pipeline for a period of thirty daysannually
irrigation purposes on hie ranch operations.
This pipeline of the i~estside landowner with ica various outlets along its length of
approximately two and a half mi!as changed ~he character of a large section of
t'n~ Cupertino and Westside areas.
The flity of CuperLino later m~ved the pipeline, on account of later build~ng
activities, to follow the street in Oak Dell now designated Phar Lap Drive.
Aa a later item of historical interest, Stevens Creek ROad, as it existed up to
1873, was an extension of an original street known as San Carlos in the City of
San Jose. This road was sometimes called Cupertino Road, its last individual
use of ~hat name being recorded in the year Of 1~11.
This road known at one t.me as Cupertino Road and Stevens Creek P~ad terminated
at a point in our vicinity opposite the Hall complex at what nov would be called
the in~ersection of Byrne Avenue and Stevens Creek Boulevard. It was not until
~ha year of 1873 that the ~oard of Supervisors of Santa Clara County accepted a
petition sponsored by W. T. McClellan, Nathan Hall, .~lackberry Farm, under new
ownership; and Joseph Barton that a public road be constructed and ~ extension of
Stevens Creek Road be established at a width of for~y feet from what is now
Stevens Creek Boulevard-Byrne Avenue intersection to the then named intersection
o~lit. View-Stevens Creek Road, presently celled Foothill Roulevard. ~aid
intersection at that point being designated as of this date as Cupertino Road-
Foothill Boulevard interanction.
~ltis extension of Cupertino Road was built entirely on properties of Hall,
t~lcClellan and Bladcberry Farm but did not cross any of the lands nor have access
to the so-called present day Russellhurst subdivision nor properties now owned by
Sunny View lienor.
Erected as h crossin~ over presently known Stevens Creek in 1873 was constructed
a heavy, redwood timbered bridge about ~wen~y feet wide, its structural desiln
bain[ based on Howe trusses ~hich lasted for many years.
In concluding ~he comments of A section of the Caption: Prior to the construction
o£ this extension of Cupertino Road (Stevens Creek Road) of 1873. the driwwa¥
into my home to a point where my present residence stands was used by not only
stags-coaches but other travelers to ford Stevens Creek as it exists at ~/la present
time, to the east embankment of ~he Creek and ~hen traveling southward along
said embankment to =ea~ ~e El~sha Stephens c~ on ~e Bla~berw Fa~ =d
f~m ~e=e e~ard over ~e hill to ~a~ HcClell~ ~ad ~d points south. It
w~ o~r ~is dri~way of ~ne ~d ~ls early nar~w roa~ ~o S~ephenstc~In
on the e~t sid~ of S~e~ns Cre~ e~en= ~a= the f~' or inf-~bandit
k~n ~ V~q~z =railed one ni~= with his six or eight horse~n after holding
up some in~ on ~e e~t side of S~ Fr~cis~ Bay and ro~ed Stephens fTom
deep sl~er go supply th~m vi~ food ~d d~. I have n~d ~ drive, ay
Vaaquaz' booty of soma $30,000. was not in hie possession when he reached
Stapheus' cabin. It is definitely known from in~ormation which I gained from
"Old Timers" that he had the booty when he left Wat-~ Springs across t/se San Fran-
cisco Bay but that he did not have it when he reached Stephensv cabin. I wonVt
go into the data/1 of the many who have tried to find it.
Item B - Caption - Tank ltousa structure.
This structure was a part of the ~omplex built in the seventh decade of the
19th Century. It supported tankage of about seven to ten thousand gallons, filled
firstly from a well-casin§ of about eiRht to ten inches in diameter and driven to
a depth o£ about one hundred feet.
Wa~er was pumped by m~ans of windmill power~ actuating lift-p~np desire and the
use of wooden rods extending down from the pumplift at the surface to operate
the suction ac ~e end of ~e dali~W pipe, whi~ w~ s~pended d~ward to
a~os~ ~e boc~om of che ~ell-c~tn~.
In Chose early days the windmill was in use most o~ day and night continuous
operation. The tank tower itself wl:h its present roof defines the structure,but
not as it historically looked in its original architectural character~ due to the
aonetruction of sheds to the tank house on its north and south sides.
Originally, during Hall's ownership, a single permanently employed hired man used
the then ex/sting ground floor area of the original tank hoase as sleeping
quarters, His chores were to ~ake ca~e of the animals and wot4¢ on the ranch
properties with Nathan Hall from five o'clock in the morning to seven o'clonk at
night.
I ~ not aware of r.~e' foundation construction which was originally put in under
the framework of ~his building. I presume chat it was of sufficient supporting value
when it was erected to be of long permanency and it so happens it has proved itself
to be so, Durzng the year of 1906, at which time I had been living here for some
years, one of the most devasting earthquakes which ever occurred in this valley
and ~4~ich did extreme damage to many structures within it and which originated
· on the San Andreas Fa, It, which extends approx/mately 600 miles along the
Pacific Coast, developed more than an 8.3 max/mum registered seismograph rating in
many locations. The Hall structure was in the ama so affected.
Apprex/mately a half nile south of the Hall Tank house structure was a tank house
structure supported on heavy concrete piers. Its height was about forty feet.
It supported two tiers of tanks, each at about 10,000 gallons capacitY,; its
structural design was very similar to that of the Hell structure; its ground
C
filled by steam pumps from Stevens Creak,
When the earthquake, with ire lateral forces varying at different locations
developed lateral stresses poaeibly exceeding ~h~ fee~ ~r second/per second
s~eChin~ had Co happen,
One can say ~hat ri:ese ~wo structuree wale architecture.fly quite similar.
The Hall structure rode ouc ~his tremendous qu~.ce of 1906. In its displacement
~rtically, its tank emptied from the top down to a depth' of three'fear below
~ho top rim of the tank..
~e other structure wtlicJ~ I have described, located to the sou~J~ cf thc Hall
tank house, also of similar con~tructiou, supported on large indiv~d,,~l concrete
foundation piere to s considerable d~pth, tanks completely filled with water,
was totally demolished from ice rooftop to its fooudation, ~he debris of w!~ich
was scattered for more ~han a hundred feet along ~2~e downward slope-of Stevens
Creek.
~ cannot in auy memmar criticize the construction of r~e ~o tank ho~e.:framea~
the llall structure being erected in ~ha seventh decade and the other, taller
s~ructuro to the sm-th being erected in tile et~,h~h decade, both tn ~Ne 19th
CantucT.
Item C - Tentative Hap of November 1979 sub~itted by developers of the
Fiv~ Acre Parcel of the farter Eall holdings purchased from Lau~hlin.
As I reviewed the tentative lay-out of the subdivision, map of Hovember 1979,
I viii meka no suggesCior~ nor do I ~leh to crar~are~s upon thc presentation ~hareof
as it is now dra~n on sa~d tentati~ map.
~a same feeling is extended also Co my abstention from me;in~ any romn~.<s to ~hose
in au~o~Cy in ~e c~ a~nlstraCion of the CI~y of Cu~ertino who a~ respon-
sible for the proper ~st~, a~in~, s~d~slon lay-out, scoots and ~a~acC-
e~stics of ~y proposed s~dl~islon
can e~xpreas ~har I was favorably lmpresaed with the tentativ~ subr..issiou of
the Laughlin five acres.
As to the matter of the tank house s~recture, I have finally reached, I believe,
a conclusioa as to the problems w~ich arise in ~ mind on a matter of historical
importance a~ to bow to conclude from my viewpoint the tank house problem.
C~nclumions ..
i) From my viewpoint and providing, that the fo~mdations are intact for the
purpose of aupporting ~e structure through a future ~x~ended per!od~ ss i~ n~
sCa~ upon LoC No. 16 of the ~nCa~ map, I would rather accept the tlmu~hcs
of ch~ de~lop~r in enlargement of ~C No. 16 ~o accomodaCe ~Cn reCenSion on
LoC No. 16,
2) If the structure is to remain on anlarR~d Lot }10. 16 ~uid. lines of historical
values as they affect any restoration should be recognized also Chat under its
re~toracion cite later wings constructed on ~he north and ~ou~h ~ides of the
original structur~ should he removed and the ~tudding covered with similar
%~rustic closing um tho wall area ex~osed by suck removal.
3) If it were my problem, I would tike to eudeavor te ll~it ~uch tank house
structure for ume solely by ~he r~sidential owner ef the property ,~nd for~et any
commercial tme thereof. '
4) If use were to he made of the l~,er floor of ~%c tan~ house .~tructure, the use
of i~s aras could be that of a guaet room or the resident lot ~ner'~ sob.y: ' area
tm augment any resi~nc~ facilities thereon.
5) Ig seems to me there is no need to emkeltisi~ ~he landscaping aras ~i~ich
Should be confined to a =inimum, close to t2~a wali~o of the ~tructure itself.
Said landscaping could be comDlem~utary vith the rest of ~e residential efforts.
6) I feel permona!iy that t~ae eul de ~ac street closest to Steve[~s Creek Soulevard
to the south thereof as depicted o~ the tentative drawinM l~ of great value in
viewing an historical effort together wi~h ~he view wi,~tch may be obtained of
the structure from S~evens Creek ~eulevard.
7) After considerable thought and in view of t2ae fact tho developer would
enlarRe Lot ~'io. 16, I can se~ no reason of endesvorin~ tv move the structure
and restore i: on Lot ;;o. 13 aa shown om the tentativ~ drawing.
g) The further consideration of cost ievo!v~d and in view of enlarme~:~nt of
Lot ~o. 16. is ~at little would he gained in lncurrin~ the increased costs
which would arise to restore the structure by movtn~ and re-mo~itioeine it on
Lot Uo. 15.
9) In closing, may I poinz out that I am of the n. inion ti at ~he retention of the.
structure at its present site with the imorovement of needed foundation correc-
tion. should it exist, will produce tho ~et economical amd demir~le Dian
for the ~tention of said historic restoration for the Oak Dsil community.
10) There will be no
ii)
i~)
There will be no historical envlrop-mntal cJlange
Unless ~e developer and the au:horities of the citv decide uot: to restore
the tank house structure ~nd its appurtenances, intandin~ to uso it for other
purposee aa it presently is ard~itacturall¥ built, from a standpoint of historical
value it will havelost its original identity.
Kindly accept my deep appreciation of your efforts in retentiou of historical
guidelines.
Very sincerely yours,
Lo ui s ~.~.ock~l mei r
LS:S P.S. Encloeed in Envelop is copy for James Sick, Plannine, Director
114
Cupertino
All that remains of a fine estate built by Nathan Hall in
the 1880's is this tank house on Stevens Creek Boule-
yard near Phar Lap Road, named for a later owner's
famous race horse.
One of three remaining sdwols built before 1900, the oht
Collins School (1894) is now the Cupertino de Oro Club,
on Homestead at Saratoga- Sunnyvale Road. Two
ffny one-room school houses remain. The 1867 San
Antonian School, between the creek and the railroad
tracks, offNorth Footlhlll Boulevard near Maryknoll
entrance road, has been converted to a residence with
additions, but ff still remains at the origdnal site. The
Montebello School, high up Montebello Road, has been
used constantly since 1892 when it was built by the
Picchetti family for the ch~ldron of Mon~ebeno Ridge.
At the top of Prospect is the 160-acre ranch of
Fremont and Cora Older, both well-known
writers, who built their home called
"Woodhills" in 1913. Nowpart of the
Midpeninsula Regional Park District, both
their house and the studio (photo) have been
restored and are open periodically for tours.
The studio was built with blocks moved from
an 1847 San Jose adobe that was dismantled in
1923. Fremont Older was a dynamic editor
who championed social causes from 1897 to his
death in 1935. He served as editor of various
Hearst newspapers from 1918 on. Older
commuted daily to San Francisco from his own
stop, called Fremont Station, beside Stelling
Road at Prospect.
CUPE INO
City Hall
10300 To~e Avenue
Cupe~ino, CA 95014-3255
(408)777-3354
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
AGENDA DATE September 2~ 2003
SUBJECT AND ISSUE
Report on Prevailing Wage Complaint Enforcement Investigation Procedure.
BACKGROUND
On August 4, 2003 the Council approved in concept a proposal by the Santa Clara
Building and Construction Trades Council (BCTC) that the City assume responsibility for
conducting investigations of prevailing wage complaints by a worker (employee) or trade
union on behalf of a worker employed on the project as an alternative to the current
procedure of enforcement conducted by the State Department of Industrial Relations
(Dm).
The Council requested that staff incorporate this proposal in the Responsible Contracting
Policy Resolution, contact the State Director of Industrial Relations to secure a written
confirmation of their acceptance of this procedure and report back to Council with
appropriate recommendations. This report responds to that request.
Prevailing Wage Requirements
Existing State Law requires the payment of prevailing wages to all persons employed by
a contractor or subcontractor on any Public Works Projects valued at $1000 or more and
is now and has always been, a requirement of City of Cupertino public works projects.
The Department of Industrial Relations (DIR) periodically publishes prevailing wage rate
schedules for the various trades and compliance is enforced by the DIR Division of
Labor Standards Enforcement (DLSE).
Prevailing Wage Complaint -Altemative Investigation Method
The concept approved by the Council on August 4, 2003 provides an alternative method
for the initial handling of a prevailing wage violation complaint. It does not substitute a
new method for the current procedure as provided through the DIR and its Division of
Labor Standards Enforcement (DLSE). Instead, it would allow a complainant to choose
either the current process for addressing a complaint through the DIR or to request that
the initial investigation into the alleged violation be accomplished by a City contractor
certified by the State D1R as qualified to investigate prevailing wage complaints.
Any complainant selecting this method would be required to post a surety in the form of a
cash deposit (or a letter of credit payable to the City) in an amount sufficient to cover the
estimated cost of the investigation. The investigation and its preliminary conclusions
would then be forwarded to the DSLE for review and adjudication and the issuance of
appropriate findings and determinations.
Once a final determination has been made by the DSLE, the City's investigator would be
paid for its work. Payment would be from either the surety posted by the complainant if
the DSLE's determination is that the complaint has no grounds, or, by the contractor if
the complaint is found to have merit and restitution and penalties are levied on the
contractor. In the latter case, the surety posted by the complainant would then be released
by the City.
In consultation with the BCTC, staff has prepared a new Resolution for the Responsible
Contracting Policy incorporating this investigation method as new paragraph 5. It should
be noted that the BCTC advised staff that there were still language upon which they
disagree, primarily relating to the expectation that the City will withhold payment from
the contractor based only on the investigation conclusions, which staff believes is
inconsistent and does not recommend the withholding of payments without a formal
Civil Wage and Penalty Assessment from DIR. BCTC's suggestions also continue to
refer to a Formal Labor Compliance program, which the Council clearly reaffirmed was
not the City's objective.
Approval of Director of Industrial Relations
In accordance with Council direction Staff has contacted the Office of Chuck Cake, the
Acting Director of the State department of Industrial Relations specifically requesting his
endorsement of City contract complaint investigators as a substitution for the State
investigative process now conducted by DLSE The BCTC had made a similar inquiry
(see attached letter from Robert Jesinger) dated August 15, 2003) but because of the
fundamental differences between the way the City views this proposal and how BCTC
continues to describe it, staff, following Council direction sent the City's own inquiry
(see attached letter dated August 18, 2003). Further, staff asked the Director for a list of
such state certified contractors.
As of the time of the distribution of this report, staff has not yet received a response upon
which the City can rely to ensure that our investigative process will, in fact, be accepted
as a replacement for the State process. In the absence of such assurances, staff would
recommend that the Council defer this item to the meeting of October 6, 2003 to provide
adequate time to acquire that assurance.
Proiects in the Pipeline
Deferring a decision until competent authority has provided the necessary assurances,
while clearly the appropriate thing to do, leaves some uncertainty around projects yet to
be bid. The largest of these is the Audio-Visual procurement and installation contract
(approximately $800,000), which is now ready for bidding.
It should be noted that staff continues to recommend against this proposal, whatever form
it may take and regardless of any response that may or may not be received from the state,
for all the reasons previously reported to the Council. Among the most important reasons
is the fact that it places workload and liability demands without assurance that these
demands will produce a commensurate improvement in resolving legitimate complaints.
Further, the State that should be improving its performance in this process and no City
should volunteer to take on a state responsibility at a time when the State is grabbing City
revenues and unloading its responsibilities onto local governments.
However, if it remains the Council's intention to adopt this proposal, some interim
accommodation is required to ensure that the Civic Center Audio-Visual project and
others will not be delayed. Staff therefore suggests that the resolution language
(specifically a summation of paragraph 5) as recommended by staff be incorporated into
the bid documents. Unlike the qualifications questionnaires for responsible contracting,
this does not require the contractor to do anything except to acknowledge this process as
part of the bid documents. If the DIR provides the necessary assurances then the projects
will have this policy incorporated within the contracts. If not or the policy is not adopted
it can be removed with a no-cost change order later.
STAFF RECOMMENDATION
It is recommended that the Council defer action on the Amended Responsible Contracting
Policy to October 6, 2003 to provide for a response from the Director of the State
Department of Industrial Relations with respect to the use of State certified investigators
by the City for enforcement of prevailing wage requirements on public works projects.
Submitted by:
Approved for submission:
Director of Public Works
David W. Knapp
City Manager
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING A POLICY FOR RESPONSIBLE CONTRACTING AND PREVAILING
WAGE VIOLATION iNVESTIGATIONS FOR PUBLIC WORKS PROJECTS
WHEREAS, the City of Cupertino, through its Capital Improvement Program contracts
for work on Public Works Projects as defined by the California Public Contracts Code; and
WHEREAS, the state law defines responsible contractor as one "...who has demonstrated
the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to
satisfactorily perform the public works contract."; and
WHEREAS, the City of Cupertino desires to ensure that it does business solely with
responsible contractors who abide by all applicable laws and regulations, including prevailing
wage requirements;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
adopts the following Policy for Responsible Contracting for Public W6rks Projects:
California law, as well as good business practices, mandates that public works contracts
be awarded to the lowest responsible bidder. "Responsible bidder" means a bidder who
has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity
and experience to satisfactorily perform the public works contract. This requirement
also includes but is not limited to, the maintaining of all proper licenses by the
contractor and its designated subcontractors, the maintaining of adequate insurance and
performance and payment bonds issued by insurance companies and sureties having an
established financial strength and acceptable commemial ratings, no prior history within
defined time limits of disqualifications or default terminations or convictions of public
statutes that would indicate the contractor is untrustworthy, and one that complies with
the California Labor Code regarding apprenticeship training.
Consistent with the definition of "responsible bidder" described above, it is the policy of
the City of Cupertino to exclude as non-responsible any bidder with outstanding
convictions or enforcement agency findings regarding prevailing wage, workplace
safety or environmental laws and/or regulations giving rise to criminal or civil penalties,
within four years prior to the date of the bid opening.
It is also the policy of the City of Cupertino to exclude as non-responsible any bidder
who has, within four years prior to the date of the bid opening been guilty (with respect
to other public works projects) of unreasonable time delays, non-responsiveness to
warranty claims, material defaults or breaches of contract. To this end, included in the
bid documents for construction of public works projects shall be a contractor
questionnaire and statement of qualifications, which addresses these issues, as well as
other indices of past performance, which may include the assessment of liquidated
damages and other work quality factors.
California law requires that prevailing wages be paid on all public works projects and it
is the policy of the City of Cupertino to require complete compliance with the
applicable prevailing wage statutes and to require affirmative acknowledgement of this
requirement by all bidders.
Workers employed by any contractor on public works projects for the City of Cupertino
shall be entitled to bring complaints regarding the failure of the employer to pay
prevailing wages to either the City of Cupertino or the California Department of
Industrial Relations, Division of Labor Standards Enforcement (DSLE). The City of
Cupertino, acting as the awarding body, shall contract with an independent investigator
to be the investigator for prevailing wage complaints. When such a worker or his or her
representative brings a complaint to the attention of the City of Cupertino, the worker or
his or her representative filing the complaint will submit a written claim to the City's
Director of Public Works specifying the alleged non-payment of wages or other labor
code violation.
The Director of Public Works or his or her designee shall receive the complaint and
shall require that a cash deposit or surety [such as a letter of credit] in a form acceptable
to the Director of Public Works be provided to the City in an amount sufficient to cover
the cost of the initial investigation by the City's independent investigator. The
investigator will conduct an investigation into the complaint raised by the worker.
Following its investigation, the investigator will issue its conclusions to the City. The
City of Cupertino shall immediately submit the conclusions of its investigation agency
to the DLSE for official adjudication, findings and determination.
If the DLSE determines that the contractor is in violation of the law as alleged by the
worker, then the contractor shall be responsible to pay the cost of the investigation in
addition to the penalties, forfeitures, and underpayment of wages found due and owing
by the DLSE. If the DLSE determines that the contractor has not violated the law as
alleged by the worker, then the cost of the investigation shall be paid out of the cash
deposit or surety submitted by the worker or the worker's representative.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
2nd day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTA1N:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CUPER TINO
City Hall
10300 Tone Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3354
FAX: (408) 777-3333
DEPARTMENT OF PUBLIC WORKS
Summary
AGENDA ITEM
AGENDA DATE September 2, 2003
SUBJECT AND ISSUE
Approve the concept of the installation of salt water Tropical Reef Aquarium of approximately
2,000 gallons in the lobby of the new Cupertino Library and accept, in principle, a donation of
$250,000 from Mr. Fred Chan for the fabrication and installation of the Aquarium and an
additional contribution in the form of a commitment for 5 years of annual maintenance of the
aquarium facility.
Authorize the City Manager to enter into an agreement with Mr. Chan, which states the donation
will be used exclusively for the aquarium, and should the aquarium not be constructed, Mr.
Chan's unused portion of the donation will be returned.
BACKGROUND
In July of 2003, Mr. Fred Chan, Chairman of ESS Technology, Inc. and a long time Cupertino
resident, met with Mayor Michael Chang and Vice Mayor Sandra James on several occasions to
explore the possibility for him to donate an aquarium to the citizens of Cupertino in the new
Library. Mr. Chan had indicated that he has a long time interest in aquariums and marine fish
and, in fact, has numerous aquariums throughout the offices of his businesses.
Following the initial meetings, staff met with Mr. Chan's aquarium designer, Bart Fenolio of
Dolphin Designs, and began to investigate the feasibility of locating a large aquarium in the
lobby of the Library. Subsequent meetings included the County Librarian, the project design
team from SMWM Architects with the principals of Tenji Associates, an aquarium consultant
group associated with the Monterey Bay Aquarium.
These discussions resulted in a consensus of everyone that a 2,000-gallon salt water aquarium,
and its associated equipment, could be fabricated and installed in a prominent location in the
Library lobby with minimum disruption to the normal library functions and traffic flow. It was
further determined that changes to the design of the Library systems and the disruption to the on
going construction, could be accommodated without impacting the scheduled opening date of the
Library in October 2004.
On August 4, 2003, Mayor Chang and Vice Mayor James and the other parties noted above
participated in a staff presentation to Mr. Chan, after which Mr. Chan formally agreed to the
concept of a Tropical Reef Aquarium, and committed to a total contribution to the project of
$250,000.00 for fabrication and further agreed to fund the cost of the annual maintenance of the
aquarium maintenance for a period of 5 years.
Staff will continue to work with the County Library staff and SMWM to ensure that the Library
lobby functions are not compromised by the inclusion of the Aquarium. Staff, will also continue
to develop a mutual cooperative educational program between the proposed Cupertino Library
Aquarium and the Monterey Bay Aquarium.
FISCAL IMPACT
There is no financial impact for the fabrication and installation of the Aquarium into the Library
as Mr. Chan has agreed to fund the project in the amount of $250,000.00. However, the City is
expected to incur some costs over and above Mr. Chan's donation for services from the City's
consultants from Tenji and some redesign costs by the architects and construction manager. This
additional cost is not expected to exceed $50,000.00 and can be accommodated within the
contingencies of the project budget.
STAFF RECOMMENDATION
Staff recommends that the City Council take the following action:
(a)
Approve the concept of an approximately 2,000 gallon salt water Tropical Reef Aquarium
in the lobby of the new Cupertino Library and accept, in pr/nciple, a donation of
$250,000.00 from Mr. Fred Chan for the fabrication and installation of the Aquarium with
an additional commitment for 5 years of maintenance of the aquarium facility.
Authorize the City Manager to enter into an agreement with Mr. Chan, which states the
donation will be used exclusively for the aquarium, and should the aquarium not be
constructed, Mr. Chan's unused portion of the donation will be returned.
Submitted by:
~. Ralph A. Quails, Jr.
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
CITY OF
CUPE INO
AGENDA NO. ~q
10300 To~e Avenue
Cupertino, CA 95014
(408) 777-3308
FAX(408) 777-3333
Community Development Department
SUMMARY
AGENDA DATE September 2, 2003
SUBJECT:
Discuss the fence petition between Cupertino Village and Linnet Lane in Sunnyvale
RECOMMENDATION:
Refer the issues of pedestrian access, noise, parking, debris, weeds and lack of landscaping to the
staff to meet with the petitioners, the City of Sunnyvale Neighborhood Preservation staff and the
property owner. Staffwill report back on the status of these issues following this meeting.
BACKGROUND:
In early August, 2003 the City received a
petition (attached) raising concerns about
the condition of a fence and neighborhood
impacts from operation of the Cupertino
Village Shopping Center.
The City of Cupertino Code Enforcement
Office has logged in about 20 hours
responding to complaints from several
neighboring residents during the past eight
months and Planning and City Manager
staff spent several hours fielding questions
and complaints regarding the residents
Existing fence with recent two-foot extension
Staffrecently discussed the issue with Sunnyvale City Manager Bob LaSalla and met and toured
the area with Christy Gunvalson from Sunnyvale Neighborhood Preservation staff. Additionally,
staff sent a courtesy notice to all petition signers advising them of the September 2, 2003, City
Council meeting to discuss their petition.
DISCUSSION:
The petition, signed prior to the latest extension of the fence shown in the above picture, raises
the following concerns:
1)
2)
Fence height, materials and gap under the fence
Visibility of signs, cars and lights over the fence
Disctms the fence petition between Cupertino Village and Linnet Lane in 9unnyvale
Si~pternber 2, 2003
Page 2
3)
4)
5)
6)
7)~
Security due to the ability to climb over the fence
Two pedestrian access openings fi:om Linnet to the center
Noise fi:om vehicles/customers, deliveries and maintenance equipment
Patron and/or customer parking on Linnet Lane
Debris, weeds and lack of landscaping
The petition asserts that the city should "enforce" the fence ordinance contained in Municipal
Code section 16.28 that requires a masonry barrier when new commercial buildings are
constructed next to residences.
History, of the Fence
· The previous fence was required as a
condition of the construction of the
shopping center in 1966 and was
requked to be at least four-feet higher
than the existing parking lot grade.
· The fence ordinance was subsequently
amended to require a masonry wall
when new commercial is constructed
next to residential uses.
Previous fence
Lowered fence while under construction
· The Property owner was asked to
existing wooden fence.
· Upon adoption of the new fence ordinance the pre-
existing 4+ foot wooden fence, shown above,
became a legal non-conforming fence.
· The property owner is allowed to maintain the
fence provided he do'es not change the fence in a
manner that increases the degree of non-
conformance with the fence ordinance.
· The fence was damaged in a storm in 2002 and
replaced with a new fence that was 1-2 feet shorter
than the pre-existing fence but otherwise
conformed to the original condition of approval.
increase the fence height to equal the previously
The fence height has been increased by approximately 2 feet and equals or exceeds the
previous fence height and has a smaller or equal gap to the previous fence.
The fence substantially conforms to the height and incorporates vertical wood slats
similar to the fence design located further South on Linnet Lane.
Fence Issues
Cities must show a reasonable relationship (i.e. nexus) between conditions to mitigate
development impacts and the degree of the impact. Construction of new buildings that create
Discuss the fence petition between Cupertino Village and Linnet Lane in 9unnyvale
September 2, 2003
Page 3
more noise or more activity would provide the necessary nexus to require installation of a
masonry barrier. Absent substantial development activity there is no basis to require installation
of a masonry barrier.
The property owner has voluntarily raised the fence height to the previous condition.
Consequently, staff believes the above items 1-3 relating to the lower wooden fence have been
addressed and that no further action by the city is necessary or appropriate.
Pedestrian openings
The petitioners are concerned that the two
pedestrian openings are causing problems with
on-street parking and invite easy access into
the neighborhood. The City of Cupertino
encourages a highly walk-able community and
these openings facilitate walk-ability. At least
one resident of Linnet asked that the openings
not be close and staff observed one resident of
Linnet Lane using the pedestrian operdng
during a site visit. Staff recommends that the
openings remain open unless there is
substantial evidence that the openings are a
nuisance to the neighborhood. Even if the city
wanted the openings closed there is no ability
for the city to force the property owner's
Pedestrian Opening
cooperation since there is no development application before the city at this time.
Noise from vehicles/customers, deliveries and
maintenance equipment
Several residents have complained about noise
from patrons and maintenance activities at the
shopping center. The property management has
assured the Code Enforcement office that they
advise contractors of the city laws relating to
noise and allowed hours of maintenance activity
and will monitor patron activity in the parking
lots, particularly during early morning and late
evening hours. In one incident a sheriff's deputy
responded to the complaint and cited the person
operating the power washer for operating outside
of the allowed maintenance hours. Staffwill again inform the property management company to
diligently police their own contractors and patrons in the parking lots. Unfortunately, there is no
better system than self policing and calls to the sheriffwhen that falls.
Discuss the fence petition between Cupertino Village and Linnet Lane in Sunnyvale
September 2, 2003
Page 4
Patron and/or customer parking on Linnet
The petitioners complain that during certain periods patrons of the center cannot find sufficient
parking in the parking lot and choose to park on Linnet Lane. The pictures in the petition show
extensive parking on the street. Clearly, the Cupertino Shopping Center is one of the most
popular centers in the city and parking standards are geared to average conditions. Occasionally,
a very successful center or business will exceed the available parking required by code. This
situation is complicated by the fact that Linnet Lane is located in the City of Sunnyvale which
has prohibited parking on the East side of the street adjacent to the center. Consequently, patrons
parking on Linnet use parking directly in front of the resident's homes. The City of Cupertino
has no direct control over whether the parking is controlled by limited hours or is made into
resident preferential parking. Staff believes the residents should cont'mue to work with the City
of Sunnyvale to explore techniques to ensure center parking does not spill over into the Linnet
neighborhood
Debris, weeds and lack of landscaping
Staff's review of the site showed some
dried grasses (weeds) and some small
evidence of debris. The petition pictures
also show some weeds and some grocery
carts along side of the fence. Staff
encouraged the property owner to replant
the area on the Linnet side of the fence and
police the area of debris.
Summary Recommendation
· .Staff recommends that the Council direct
Planning and Code Enforcement staff to
work with the petition signers,
representatives of the City of Sunnyvale
View looking South on Linnet Lane
and the shopping center owners to find solutions to resolve the remaining issues of pedestrian
access, noise, parking, debris, weeds and lack of landscaping. Staff will report back following
the meeting.
Director of Community Development
DrUid W. Kna~
City Manager
]~nclosurc$:
Notice sent to petition signers
Petition
CITY OF
CUPE INO
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COIVIMLINI'I'y ld~ VELOPMENT
August 25, 2003
Dear Resident:
Regarding: Linnet Lane Petition
The City of Cupertino recently received a petition from the Linnet Lane
neighborhood regarding the condition of a property line fence and other
disturbances from The Cupertino Village Shopping Center. The center is located at
the southwest corner of Homestead Road and Wolfe Road and is bounded by Linnet
Lane on the west.
Discussion of the petition has been agendized for the Cupertino City Council
meeting on Tuesday, September 2, 2003 as follows:
City Council Meeting
Tuesday, September 2, 2003
6:45 p.m., Council Chambers
10300 Torre Avenue, Cupertino
If you are interested in this petition, please plan to attend the meeting and/or if you
have questions, please feel free to call me at (408) 777-3218 or email me at
stevep@cupertino.org. The council agenda will be finalized on Thursday, August 28,
2003. You can access the agenda at www.cupertino.org by clicking on minutes and
agendas and then clicking on current agenda.
Director of Community Development
Cc:
Julia Miller, Mayor, City of Sunnyvale
Robert LaSala, City Manager, City of Sunnyvale
Christy Gunvalsen, Neighborhood Preservation Office
G: \ Planning \ Linnet Lane Hearing Letter. doc
PrintodonF~ecyc~c/Papor ~--(~ -~'~
August 1, 2003
To: Mayor, Vice Mayor and Council Members of Cupertino
Subject: Petition ofFence between Cupertino Village and Linnet Lane Sunnyvale
The residents of homes in the area from Homestead Road to Shetland Place and from
Linnet Lane to Heron Avenue petition the City of Cupertino to enforce the fence
ordinance. A proper fence according to the fence ordinance 16.28 of the Cupertino
Municipal Code can solve many problems the neighborhood is living with. These are
privacy, noise, litter, parking, traffic, landscaping and security.
The situation has gotten worst when the existing fence was replaced with a LOWER one.
The owner of Cupertino Village Shopping has proposed an inadequate solution with
unacceptable terms. Since the shopping center is in Cupertino we request help from the
City of Cupertino to enforce the Municipal Code of Cupertino.
The neighborhood has 156 homes of which over 80% of the homes were contacted in a
one week period of time. 96% of the contacted homes have signed the petition and are
concerned with the low fence, parking, traffic, litter, landscaping, privacy and security
problems. Over 90% of those contacted wanted the entrances from the shopping center to
Linnet Lane closed.
The Cupertino Village Shopping Center does not have enough parking for the number of
restaurants and shops. The overflow of traffic and parking is spilling over into Linnet
and other side streets, Parnell and Lark. Since there are no sidewalks on the shopping
center side of Linnet customers of the shopping center are walking in the middle of the
road to get to their cars. There have been many close calls and one day an accident will
occur. People are parking everywhere, including around comers causing blind spot for
people trying to make tums. Closing the entrances or enforcing some other regulations
will help the situation.
The residents would like to have a fence ofbequal height to the boarding apartment
complex (8 foot plus) with no entrances on Linnet Lane. The fence should have no gaps
to prevent litter escaping from the shopping center to Linnet Lane and be landscaped.
Please help us make the n~ghborhood a safer and nicer place to live in.
Dean Fujiwara, Repr~serit~tive of the Linnet Lane Neighborhood
1725 Linnet Lane
Sunnyvale, CA 94087
408-863-0704
d.fujiwara@attbi.com
July 25, 2003
To~
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Michael S. Chang PhD,
Mayor of Cupertino, mchang~cupertino.org - 408-255-0625
Sandra James,
Vice Mayor of Cupertino, sjames~cupertino.org - 408-777-3195
Dolly Sandoval,
Council Member of Cupertino, dsandoval~cupertino.org - 408-777-3192
Patrick S. Kwok,
Council Member of Cupertino, pkwok~cupertino.org - 408-777-3191
Richard Lowenthal,
Council Member of Cupertino, rlowenthal~cupertino.org - 408-777-3193
David Knapp,
City Manager of Cupertino, davek~cupertino.org - 408-777-3212
Steve Piasecki,
Director Community Development, stevep~cupertino.org - 408-777-3308
Charles Kilian,
City Attorney of Cupertino
Kimberly Smith,
City Clerk of Cupertino
Cupertino Village Associates, LLC
30 East Fourth Ave
San Mateo, CA 94401
Peter Pau
Sand Hill Properties - 650-344-1500
30 East 4th Avenue
San Mateo, CA 94401
Kitty Yao, Property Manager
CC.
City of Sunnyvale
City Hall
456 West Olive Avenue
Sunnyvale, CA 94086
P.O. Box 3707
Sunnyvale, CA 94088-3707
email: council@ci, sunnyvale.ca.us
408-730-7470
Julia Miller, Mayor of Sunnyvale
Tim Risch, Vice Mayor of Sunnyvale
Manuel Valerio, Council Member of Sunnyvale
Pat Vorreiter, Council Member of Sunnyvale
Jack Walker, Council Member of Sunnyvale
Fred Fowler, Council Member of Sunnyvale
John Howe, Council Member of Sunnyvale
Christy Gunvalsen, Neighborhood Preservation - 408-730-7610
We the undersigned, owners of residences within direct line of sight, along
with Chateau West Improvement Association and the surrounding
neighborhood of the newly built fence dividing Linnet Lane in Sunnyvale
from the parking lot of the Cupertino Village commercial center in Cupertino,
petition the City of Cupertino to require the owners of Cupertino Village to
comply with the provisions of the Cupertino Fence Ordinance, Chapter 16.28
of the Cupertino Municipal Code. Specifically, petitioners demand that the
owners of Cupertino Village be made to modify or replace the existing fence
so that the fence complies with the requirement ofB16.28.030 that fences
separating commercial zones from residential zones be constructed at a height
and with materials designed to 1) acoustically isolate part of or all noise
emitted, and 2) ensure visual privacy for adjoining residential dwelling units.
Prior to April 21, 2003 a fence stood on the site in substantial compliance with
Ch. 16.28, being approximately six (6) feet tall, measured from the top of the
underlying mound. However, that fence was blown down in two sections by a
storm in February 2003, and was replaced completely by the owners of
Cupertino Village with a fence approximately two (2) feet shorter, and
therefore inadequate to provide the neighborhood with the privacy, security
and noise insulation required by Ch. 16.28.
As the fence is now in violation of Ch. 16.28, the adjoining homeowners have
suffered a significant loss of privacy. Patrons at the restaurants and outdoor
cafe tables can now see directly into the living rooms, bedrooms, kitchens,
bathrooms and garages of the surrounding neighborhood. A nearly
unobstructed view is available to people standing in the Cupertino Village
parking lot. The problem is greatly exacerbated at night, when lights are on in
the bedrooms and living rooms. The new fence is therefore clearly not in
compliance with 1316.28.030.02, which requires that such fences"ensure visual
privacy for adjoining residential unit~'.
In addition, the violation of Ch. 16.28.030.1 has resulted in a considerable
increase in the noise level in the surrounding neighborhood. Loud car stereo
noise can be heard often at approximately 11:30 AM (during lunch hour) and
again at 9:30 PM (when the center closes) by center employees not including
noise from center customers at the local Cafe showing offtheir stereo to their
friends. With the summer hot weather now upon us there is an increased
amount of noise from the outdoor cafe after 10 PM with customers sticking
around after hours. In addition a letter was sent by City of Cupertino on Dec.
30, 2002 by Alex Wykoff to Ms. Karen Ngo, property manager of Cupertino
Village about noise problems from sidewalk pressure washers, parking lot
sweepers and vehicular deliveries not within allowed hours. There are still
instances of these noise problems still existing today. Therefore, the new
fence is also not in compliance with B 16.28.030.01, which requires that such
fences"acoustically isolate part of or all noise emitted by future uses within the
commercial, industrial, offices or institutional zones?)
Moreover, and no less significantly, the homeowners have suffered a
measurable decline in neighborhood security. At approximately Three (3) feet
high fence on a 1 foot dirt berm, the new fence can easily be'lumped', to
escape the shopping center after the commission of a crime, or to snatch
neighborhood children. The unimpeded view from the parking lot permits
easy"casing'of the residences for purposes of burglarizing them when the
residents leave their homes. Additionally, assailants have a direct line of sight
for the firing of weapons into the surrounding yards and homes. Senior
citizens that are home alone are worded about home invasion robberies that
could be planned by"casing'the neighborhood now possible with the lower
fence height. These are a few of many possibilities that could happen because
security to the neighborhood is reduced by the lower fence height.
The new fence has a substantial gap between the dirt berm and bottom of the
kick board to allow litter to blow onto Linnet Lane and into the surrounding
neighborhood. The prevailing winds disperse the litter down Linnet into the
community swimming pool causing a health hazard.
The reduction of the fence height has increased the ability to see garbage and
litter from the supermarket waste area. The very unpleasant sight will reduce
property values to the surrounding neighborhood.
The traffic department in Sunnyvale has requested the city of Cupertino to
block off the entrances to Cupertino Village parking lot from Linnet Lane.
Blocking the entrances would substantial reduce the overflow parking from
Cupertino Village Shopping Center into the surrounding neighborhood. The
residences have a street parking problem caused by the overflow and
inadequate parking facilities in Cupertino Village Shopping Center. When the
entrances are closed the present 3 foot high fence will not be tall enough to
prevent people parking and jumping over the fence to the shopping center.
The residence request that both Cupertino Village Shopping Center and
Cupertino Village Associates, LLC be a good neighbor and landscape the area
boarding Linnet Lane. At this time there are weeds and a few trees not giving
enough privacy coverage that the city of Cupertino normally requires in their
landscape requirements. In the past there was substantial tree growth to
provide privacy to the neighborhood. Most of the trees are now gone.
Attached are pictures showing:
1) Difference of fence height from the apartment complex to Cupertino
Village Center (8 foot versus 4 foot)
Please note the substantial difference in height of the new fence to the
adjacent property. (Note both properties was at one time owned by the same
party)
2) Fence height of the original fence (5 feet on 1 foot dirt berm)
Please note the height of fence by people going through the entrance.
3) Fence height of the new fence, 3 feet on 1 foot dirt-Note only waist level of
worker installing new fence. Picture taken from the window of a residence
showing Shopping Center in background, the cars could not be seen before
with the old fence.
People can jump over short fence. The short fence has caused a reduction of
privacy to the neighborhood along with a reduction of security.
4) Picture of new fence showing 6 inch gaps from the dirt to the bottom of the
kick board allowing debris to escape onto Linnet Lane and blow into the
association swimming pool down the street.
The litter and debris is causing a health hazard at the swimming pool and
decreasing the property value of the surrounding neighborhood.
5) Parking problem caused by fence entrances with shopping center parking
overflow. (No entrances less parking problem).
Picture from Lark down the Linnet to Shetland Place. The overflow of
parking is extending the whole length of Linnet Lane.
Z'4 -(5-
From Parnell down Linnet to Shetland Place
Note parking in no parking zone next to the shopping center fence (fire lane)
and down the side streets
Parnell to shopping Center
Note: Since there is a lack of available parking in Cupertino Village Shopping
center the overflow of parking is extending into the side streets of the
surrounding neighborhood in addition to Linnet Lane.
6) People walking in the middle of the street to get to their car on Linnet from
the shopping center. (hazard to drivers) (No entrances less problem) Since
there is no sidewalk on the Shopping center side of Linnet the customers of
Cupertino Village Shopping Center must walk on the road to get to their cars.
This is a hazard with an accident just waiting to happen.
7) Old picture from before 1990 showing trees on Linnet boarding shopping
center. (Lots of trees giving privacy to residences) There were a lot more
landscaping in the past. Cupertino Village Shopping center has allowed the
trees to die and did not replace them.
8) Old picture before 1990 showing tall cement fence in front of sports
complex (now Hilton). In the past there were tall cement fences adjacent to
the shopping center complex for a long time. Please note that the land from
Homestead to 280 was one property before. There was requirement for tall
fences for privacy long ago.
9) Picture of shopping carts and weeds next to the old fence. Example of what
the residence from Linnet must see daily. The sight decreases our property
value and makes the neighborhood look bad. Landscaping is needed or
should be enforced to prevent blight.
1 O) Picture from shopping center parking lot into surround neighborhood with
short fence. The residences lost privacy with the short fence. Security was
also lost since people can now hop over the short fence into the surrounding
neighborhood.
Due to the substantial decrease in visual privacy, acoustic insulation and
security, petitioners are concerned not only for the safety and well-being of
their families and homes, but also for the value of their property. Petitioners
therefore demand the City of Cupertino immediately enforce in full the
requirements of Chapter 16.28, and force the owners of Cupertino Village to
alter or replace the existing fence to the equivalent height of the boarding
apartment complex, block off the entrances to Linnet and put in landscaping
on the Linnet side of the fence. Because the City of Cupertino is responsible
for the proper enforcement of its fence ordinance, petitioners will hold the
City of Cupertino, in addition to the owners of Cupertino Village, liable for
any damages resulting from the continued failure of the new fence to comply
with Ch. 16.28, including but not limited to any resulting decline in the value
of the surrounding properties.
Chateau West Improvement Association
Jim Hunts-- President 3 7~, Cu v~
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Connie Loo - Board Member
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CUPEI TINO
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: September 2, 2003
Application No.: GPA-2003-02
Applicant: City of Cupertino
Property Location: 10455 Bandley Drive
Application Summary:
Authorize a General Plan Amendment to locate a church in an existing office
building.
RECOMMENDATION:
Staff recommends that the City Council:
· Authorize a public hearing to amend the General Plan GPA-2003-02.
BACKGROUND:
The applicant proposes a General Plan Amendment to locate a church in an
existing office building. The building is 37,120 square feet, and the applicant
proposes to use 23,000 square feet for church purposes.
The current land use designation is Office/Industrial/Commercial/Residential
and the proposed designation is Office/Industrial/Commercial/Residential/
Quasi Public. The current zoning is Planned Development (General Commercial,
Light Industrial, Residential 4-10 dwelling units per gross acre).
DISCUSSION:
The site consists of a 37,120 square foot, single story office building. Office uses
are located to the north, east and residential uses are to the west. The office
building to the south is being used temporarily as the Cupertino library.
Approximately 160 parking spaces are located in the front and rear of the
building. Parking meets both the office and proposed church use requirements,
although additional parking analysis will be provided during the use permit
process. The applicant's letter (Exhibit D) describes proposed activities with a
maximum attendance of 300 people on Friday nights and Sundays. Use by staff
and church members at other times of the week ranges from 10 to 50 people.
GPA-2003-02 2 September 2, 2003
There have been several conversions of office space to church uses in the past;
only one of them required a General Plan Amendment because the previous
Policy 2-80 allowed church uses without an amendment. In these cases, as in the
current case, one of the most significant considerations was the relationship of
the church use to the adjacent area. Staff believes that for the most part the
proposed church use can fit in with the context of the area, particularly since the
building will not change. Impacts on the adjacent residences and any concerns
that adjacent office users might have will need to be addressed at the use permit
stage. Also, the applicant will be contacting neighboring properties prior to the
public hearings.
FINDINGS:
To initiate an amendment, the City Council must find that a proposed
amendment will benefit the City and is compatible with the existing goals and
policies of the General Plan and the amendment should meet at least one of the
following criteria:
The proposal appears to support the existing general plan goals and
objectives (although the degree of public benefit could not be fully
ascertained until the project is fully assessed);
The General Plan calls for a diversity of land use, providing adequate land
area for employment, housing, shopping, entertainment, cultural
activities, etc. (Policy 2-1) Also, the North De Anza area is designated as
a high activity center.(Figure 2-A)
The proposal represents an unforeseen land use trend that has not been
previously considered;
Cupertino has received requests for church uses in office areas before, so
this is not an unforeseen trend.
The existing general plan policy, which precludes the proposal, is based
upon outdated or inaccurate information.
The elimination of Policy 2-80 was based on the inappropriateness of large
quasi-public uses in a non-quasi-public land use designation. This
proposal is for a small quasi-public use. This finding can be made.
Being able to make two findings, staff, therefore, believes there is sufficient cause
to consider an amendment to the land use element of the General Plan.
GPA-2003-02 3 September 2, 2003
PROCESSING:
The processing steps for a General Plan Amendment, upon the Planning
Commission's recommendation to the City Council, are:
1. City Council initiates consideration of a General Plan Amendment at a
regular meeting.
2. Planning Commission holds an advertised public hearing to discuss the
amendment and makes a recommendation to the City Council. In this
case, the public hearing will include the use permit for the applicant's
proposal, as well.
3. The City Council holds an advertised public hearing to approve or deny
the Planning Commission recommendation. If the City Council makes a
"substantial modification" to the recommended amendment that was not
discussed by the Planning Commission, the item must return to the
Planning Commission (California Government Code 65356).
Enclosures:
Exhibit A: Current Land Use Designation
Exhibit B: Aerial
Exhibit C: Office Lease Brochure
Exhibit D: Applicant's letter, dated August 18,2003
Prepared by: Ciddy Wordell, City Planner
Steve Piasecki
Director, Corrtrnunity Development
Approved by:
David W. Knapp
City Manager
G: \ Planning \ PDREPORT\ CC \ GPA-2OO3-O2.doc
Interstate 21~
EXHIBIT A
[] City Boundary
Parcels
~i~] Aerial Photographs
htlp:/laguardsr~rlMapGuidelhome/mapsJCupedJno.rnwf
SCALE I: 1,118
City of Cupertino
Tuesday, August 26, 2003 2:10 Pb
EXHIBIT C
Divisible to + 14,000 Square Feet
100% HVAC
Mostly Open Office/R&D, Perimeter
Private O~ces, Several Tiled Floor Lab
Areas, Lunchroom, Showers
4/1000 Parking
Grade Level Loading
Walking Distance to Stevens Creek
Blvd. Shops and Restaurants
Excellent 280 and 85 Access
Floor Plan on Next Page
Call Agents to Show
10455 Bandley Drive, Cupertino
+37,120 Square Feel
.m
EXHIBIT D
August 22, 2003
Honorable Mayor and City Council Members
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Re: Consideration of setting a public hearing for a General Plan amendment to change land use
designation for 10455 Bandley Drive
Honorable Mayor and City Council Members:
The Chinese Chumh in Christ (CCIC) requests your consideration to set a public hearing for a
proposed General Plan Amendment to change the land use designation of the prope~ located at
10455 Bandley Drive from the exiting '~)ffice/Industrial/Commemial/Residentiar' to the
"Office/Industrial/Commemial/Residential/Quasi Public". This proposal is to accommodate partial use
of the office building for a quasi-public (chumh) use.
For your information, the existing and proposed use of the building is as follows:
Ground Floor
Existing Use
37,120 s.f. Office (vacant)
Proposed Use
23,000 s.f. church offices and assembly
14,120 s.f. Office
The proposed church use schedule is as follows:
Weekdays
Weekdays, Saturday
Friday
Sunday
8am-5pm
varies time and date
7:30 pm - 10:30 pm
9am - 2 pm
The request is based upon the following facts:
Office Staff (approx. 10)
Sisters, Senior and Youth fellowships (approx. 50)
Bible Study and children classes (approx. 300)
Assembly (approx. 300)
The proposal supports the existing general plan goals and objectives because the General
Plan designates the property as an Office/Industrial zone, this application has a portion of the
property designated for office use.
2. The existing general plan policy, which precludes the proposal, is based on outdated or
inaccurate information because the elimination of Policy 2-80 was based on the
inappropriateness of large quasi-public uses in a non-quasi-public land use designation. This
proposal is for a small quasi-public use.
Your kind consideration and comments will be greatly appreciated. Should you have any questions, I
can be reached at 408-328-3517.
Sincerely,
Liang-Tsai Lin
Elder,
Chinese Church in Christ (CCIC)
lntorstate.280
EXHIBIT A
EXHIBIT B
EXHIBIT C
Divisible to ± 14,000 Square Feet
100% HVAC
Mostly Open Omce/R&D, Perimeter
Private Omces, Several Tiled Floor Lab
Areas, Lunchroom, Showers
4/1000 Parking
Grade Level Loading
Walking Distance to Stevens Creek
Blvd. Shops and Restaurants
Excellent 280 and 85 Access
Floor Plan on Next Page
Call Agents to Show
GL
10455 Bandley Drive, Cupertino
+37,120 Square Feet
N
STEVENS CREEK BI.VD,
CU?ERJ O
PARKS and RECREATION ADMINISTRATION
STAFF REPORT
Agenda Item Number
Agenda Date: September 2, 2003
SUBJECT
Report on formation of a Senior Citizens Commission.
BACKGROUND
The City currently offers programs for seniors via the Parks and Recreation Department
at the Cupertino Senior Center. These programs are primarily recreational/educational in
nature with referral assistance (via the Senior Center Case Manager) in the areas of
housing, counseling, and other social services.
The mission of the Cupertino Senior Center is:
Provide a welcoming and friendly Senior Center for everyone 50 years of
age and older, enhancing a healthy lifestyle through quality education,
recreation, services, travel, and volunteer opportunities.
Immediate oversight of Senior Center programs is by the Volunteer Advisory Council, a
self-selected body of Senior Center volunteers. All Advisory Council members are Senior
Center members.
City Council has requested a staff analysis of what role a Senior Citizens Commission
might play in improving communication and the delivery of senior services. The
following is a proposal for what the role of the Senior Citizens Commission might be.
Proposed mission of the Senior Citizens Commission: Advise the City Council on matters
relating to recreational, social, educational, safety, housing, transportation, and health
services to senior citizens within the community.
Current senior service programs funded by the City for which the Senior Citizens
Commission may be involved include: Outreach programs from Valley Transportation
Authority (VTA), senior adults legal assistance, and Cupertino Community Services for a
below market housing program for seniors
Other organizations for which the Senior Citizens Commission might provide a liaison
include: Project Match, Meals On Wheels (through the Council on Aging), and home
delivered meals (Valley Nurses' Association Health Trust).
September 2, 2003
Page 2 of 2
The Rebuilding Together program provides services to one or two clients per year in
Cupertino. Rebuilding Together preserves and revitalizes houses assuring that low-
income homeowners, particularly the elderly, can live in independence. The Senior
Citizens Commission may want to become involved in supporting these efforts.
Finally, the City has a representative from the Senior Center Advisory Council to the
Council on Aging. This representative has come from Senior Center staff
recommendations in past years with approval from the City Council. A Senior Citizens
Commission might prefer to select this representative from its ranks. This representative
could report back to the full Commission on Council on Aging issues.
RECOMMENDATION
It is recommended that, should the City Council choose to form a Senior Citizens
Commission, it meet quarterly in March, June, September, and December. The term of
the commissioners should be commensurate with other commissions--that is overlapping
four-year terms. It is recommended that commissioners be residents and over the age of
18.
Staff is seeking City Council review of this outline at this time and will return with a
resolution establishing the Cupertino Senior Citizens Commission if Council decides to
do so.
SUBMITTED BY:
Therese Ambrosi Smith, Director
Parks and Recreation
APPROVED FOR SUBMISSION
TO CITY COUNCIL:
Dav, id Knapp, City Manager
g:\parks m~d recreation admin\senior Citizens commXsr, com. staffreport 090203.doc
CU?E NO
Parks and Recreation Department
STAFF REPORT
Agenda Item Number 2'~
Agenda Date: September 2, 2003
SUBJECT
First reading of Ordinance No. 1~,2-t: An Ordinance of the City Council of the City of Cupertino
Amending Chapter 10.48 of the Cupertino Municipal Code Regarding Hours of Operation for
Landscape Maintenance Activities - Use of Power Equipment and Other Related Issues of
Clarification.
BACKGROUND
On December 16, 2002, the City Council voted to amend Chapter 10.48 of the Cupertino
Municipal Code, with Ordinance No. 1906, "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 10. 48 of the Cupertino Municipal code Regarding Hours of
Operation for Home Maintenance Activities - Use of Power Equipment and Other Related Issues
of Clarification." The amended language read:
"10.48. 051 Home maintenance activities
The use of motorized equipment for home and yard maintenance activities shall
be limited to the hours of 8 a.m. to 8 p.m. on weekdays and 9 a.m. to 6 p.m on
weekends and holidays, with the exception of maintenance activities for public
schools, which are allowed are allowed to begin at 7 a.m...."
Proposed language:
10.48.051 Home Landscape maintenance activities.
The use of motorized equipment for ~,~mc and yard landscape maintenance activities shall be
limited to the hours ofS: 00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on weekends
and holidays, with the exception of landscape maintenance activities for public schools, public
andprivate go~fcourses, and public facilities, which are allowed to begin at 7:00 a.m. The use
of motorized equipment for ~ landscape maintenance activities during these hours
is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by
the user to minimize the disturbances to nearby residents by, for example, installation of
appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and
locating equipment so as to generate minimum noise level on adjoining properties.
Pfinted on Recyded Paper ~ ? ~ [
September 2, 2003
Page 2 of 4
DISCUSSION
The original language of the ordinance does not refer to noise originating from landscape
activities on public, commercial, or industrial properties. It only refers to home and yard
maintenance. When the time change was proposed, the school district requested an exemption.
This created greater ambiguity in that schools are now exempt to a rule presumably drafted for
residential property. Code Enforcement officers have been applying this ordinance to all
properties.
Since the last revision of the ordinance, (which resulted in 8 a.m. and 9 a.m. start times on
weekdays and weekends respectively), staff has received complaints regarding Blackberry Farm
Golf Course maintenance. The course maintenance has always been performed early so that the
course would be ready for morning play. Deep Cliff Golf Course operates on an even earlier
schedule, as they are performing maintenance on 18 holes. City park and facility maintenance
occurs early so that the facilities are ready for daytime use, particularly in the summer when day
camps and other activities are occurring. Had staff understood, during the last revision of this
ordinance, that it would be applied to park and facility maintenance, we would have requested
exemptions for public facilities and golf courses at that time.
Code Enforcement staff have been involved in the drafting of the revision and believes that the
amendment will provide more consistent, reasonable enforcement.
Attached is a strike out/underlined version of the ordinance amendment.
STAFF RECOMMENDATION
Staff is recommending that Ordinance No. 1906 be amended to address all landscape
maintenance activities (as opposed to home and yard maintenance) and to exempt public and
private golf courses and public facilities from the same time restriction.
SUBMITTED BY:
APPROVED FOR SUBMISSION
TO CITY COUNCIL:
Therese Ambrosi Smith, Director
Parks and Recreation Department
David W. Knapp
City Manager
Carol Atwood, Director
Administrative Services
g:\parks and recreation admin\blackberry\noise ordinance amend 090203.doc
DRAFT
ORDINANCE NO. 1921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICPAL CODE REGARDING
HOURS OF OPERATION FOR HO..n~.E L/INDSC.4PE MAINTENANCE ACTIVITIES -
USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES OF
CLARIFICATION
WHEREAS, the City Council wishes to limit early moming use of motorized equipment
for hame landscape maintenance;
WHEREAS, the City Council wishes to clarify the measurement procedure for daytime
and nighttime maximum noise levels.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows:
10.48.051 Home Landscape maintenance activities.
The use of motorized equipment for home a~nd y~d landscape maintenance activities shall be
limited to the hours of8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on weekends
and holidays, with the exception of landscape maintenance activities for public schools, public
andprivate golf courses, and public facilities, which are allowed to begin at 7:00 a.m. The use
~f motorized equipment for home ~nd ym~d landscape maintenance activities during these hours
is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by
the user to minimize the disturbances to nearby residents by, for example, installation of
appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and
locating equipment so as to generate minimum noise level on adjoining properties.
10.48.040 Daytime and nighttime maximum noise levels.
Individual noise sources, or the combination of a group of noise sources located on the same
property, shall not produce a noise level exceeding those specified on property zoned as follows,
unless specifically provided in another section of this chapter:
Land Use at Point of Maximum Noise Level at Complaint Site of Receiving Property
Origin
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential 55 dBA 65 dBA
This ordinance shall take effect and be in force thirty (30) days after its passage.
Ordinance No. 1921
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 2"a
day of September 2003, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this __ 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
2
CUPEP INO
City Hall
10300 Torte Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
AGENDA DATE September 2~ 2003
SUBJECT AND ISSUE
An Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code
- Stormwater Pollution Prevention and Watershed Protection, establishing Storm Water
Pollution Prevention Measures for Land Development Projects.
BACKGROUND
The San Francisco Bay Regional Water Quality Control Board (Regional Board) issues National
Pollutant Discharge Elimination System CNPDES) permits that stipulate water quality
requirements for discharges to waters of the State. In 1990, the Regional Board issued a joint
NPDES permit to the Santa Clara Valley Nonpoint Source Pollution Control Program (Program),
consisting of 13 Santa Clara Valley cities, the County of Santa Clara, and the Santa Clara Valley
Water District, for discharge of storm water to local creeks and the San Francisco Bay.
The permit required the development and implementation of an Urban Runoff Management Plan
(Plan) containing control measures to be implemented by municipalities, residents, and
businesses to reduce storm water pollution. The Plan identified best management practices
(BMPs) for storm water pollution control, public outreach and education programs, and local
inspection and enforcement activities designed to improve storm water quality.
Past NPDES Permits
The Regional Board's regulation of storm water discharges has been based upon the
development and implementation of BMPs, as contrasted with specification of numerical
discharge standards. The Program entities have worked to continuously improve their urban
runoff management plans over the years to control pollution "to the maximum extent
practicable," based upon improvements in available technology, improved identification and
understanding of critical pollutants, and practical experience with various BMPs.
The Regional Board issues a new NPDES permit every five years, each time redefining what is
required to satisfy the standard of controlling storm water pollution "to the maximum extent
practicable." A second NPDES permit was issued to the Program in 1995.
Printed on Rocycled Paper o~ ~- [
The new permit required the co-permittees to adopt a series of performance standards which
specify the BMPs and the level of effort that is required for each of the elements covered by the
co-permittees' urban runoff management plans (e.g., industrial/commercial facility inspection
program, street maintenance, etc.). In 1997, the Program was renamed the Santa Clara Valley
Urban Runoff Pollution Prevention Program to better represent its adopted mission and eliminate
the public's confusion over the term "nonpoint source pollution."
Current NPDES Permit
The Regional Board approved the Program's third NPDES permit during 2001. The revised
permit (typically referred to as a "C-3" permit in reference to Provision C~3 of Order No 01-024
of the San Francisco Bay Regional Water Quality Control Board) requires further efforts by the
Program and the co-permittees to control storm water pollution. The key new provisions of the
revised permit involve requirements imposed upon land development and redevelopment
projects.
The revised NPDES permit focuses pr/madly on the potential impacts of land development and
redevelopment on storm water quality and establishes new requirements intended to mitigate
those impacts. The Regional Board has deemed land development activity as a significant
potential pollutant source in the region, threatening the water quality in local creeks and San
Francisco Bay.
The permit requires the co-permittees to modify any land development project approval
processes so that developers would have to incorporate treatment measures and other appropriate
source control and site design measures into projects to reduce pollutant discharges to the
maximum extent practicable. Adoption and enforcement of the proposed storm water ordinance
will fulfill the City's obligation to regulate land development activity in accordance with the
revised permit.
City Storm Water Pollution Prevention and Watershed Protection Ordinance
The proposed ordinance establishes a broad framework that gives the City the ability to regulate
land development and redevelopment projects that equal or exceed a minimum threshold size
specified in the revised NPDES permit. Initially the requirements would apply to projects that
create or replace one acre or more of impervious surface (i.e. buildings, parking lots, driveways,
patios, or other "hardscape" that generates storm runoff).
The current permit language lowers the threshold to 5,000 square feet beginning in October
2004, but Regional Board staff has indicated a willingness to relax the secondary threshold to
10,000 square feet, to exclude individual lot single-family residential development from the
requirements; and to extend the secondary implementation date to April 2005, in order to be
consistent with NPDES permits recently issued to other Bay Area storm water programs. Once a
final decision is reached, the ordinance will be revised to reflect those changes.
Projects that exceed the threshold size must reduce storm water pollution through a combination
of treatment, source control, and site design measures. Examples of these storm water control
measures are described below.
Treatment Measures are features that treat storm water runoff, using settlement, infiltration,
bioremediation, or filtration to remove pollutants that have accumulated as the runoff flows
across a developed site. Examples include:
· Vegetated swales
· Detention basins
· Catch basin filter inserts
Source Control Measures are features that prevent pollutants that may be present on a developed
site from entering storm water runoff. Examples include:
· Covered loading docks, dumpster areas, and fueling areas
· Indoor mat/equipment wash racks for food service facilities
Prohibition of storm drain connections for swimming pool, air conditioner, and fire sprinkler
system drains
Site Design Measures are features that reduce storm water pollution by decreasing or slowing
storm water runoff or interrupting the flow of runoff across a series of contiguous impervious
surfaces. Examples include:
· Clustering of structures in order to minimize land disturbance
· Roof downspouts that drain to landscaped areas
· Pervious pavement materials
· Minimization of directly connected impervious areas
The City has been requiring developers to incorporate these types of control measures into
projects for many years. Some of these measures can be seen at existing developments in the
city. The most significant changes imposed on developers by the new ordinance are the
requirements to size the control measures to handle a specified percentage of the storm runoff
and to maintain the control measures for the life of a project. Many of the technical requirements
are cited by reference rather than included directly in the ordinance.
At the Cotmtywide Program level, there has been an effort to provide regional guidance
documents in order to promote consistency between agencies to the greatest extent possible.
These reference documents will contain the technical information needed by project developers
and designers to comply with the storm water regulations. The availability of consistent
information throughout the county will make it easier for land development permit applicants to
comply with the new requirements.
The control measures required by the proposed ordinance will also have direct benefits on the
performance of the City's existing storm drain system. By their nature, many storm water
quality control measures also reduce storm water runoff volume and peak flow rates by
promoting storm water infiltration into the ground and interrupting the continuous flow of runoff
over impervious areas.
While these measures will not eliminate the need for storm drain capacity upgrades, they will
tend to reduce the magnitude of existing drainage system deficiencies as areas are redeveloped.
Community Outreach and Notice
Staff has conducted outreach activities to those impacted by these new storm water regulations at
both the local and regional level. Regionally, the Urban Runoff Program has prepared guidance
documents and conducted regional training workshops for agency staff as well as members of the
development community. At the local level, staff prepared an informational fact sheet on the
new regulations that has been distributed at the counter since March 2003. Staff also sent out a
direct mailing to potentially impacted property owners.
Watershed Protection Collaborative Coordination
On August 4, 2003, the Council adopted a resolution in support of the consensus document
approved by the SCVWD Watershed Collaborative. As part of the Collaborative work program
in the coming year, the participants will be developing standards and guidelines for watershed
protection. The efforts of the Collaborative are designed to be complementary to and consistent
with the C-3 provisions that the City's proposed ordinance represents.
FISCAL IMPACT
Initial evaluations indicate that the new storm water requirements may increase design and
construction costs by as much as two pement for developers whose projects must comply with
the ordinance. Adoption of the ordinance is not, however, expected to have a significant impact
on land development activity in Cupertino, since there will likely be relatively few developments
that will create one acre or more of impervious surface and thus be subject to the ordinance.
With respect to City costs, enfomement of the proposed ordinance will require additional effort
by Public Works and Planning staff during permit review and periodic follow-up inspections to
verify proper maintenance of storm water control measures. Because of the relatively small
number of development projects expected to exceed the initial one-acre threshold during the first
18 months of implementation, the need for additional staff is not anticipated at this time. Staff
will reassess workload impacts when the threshold compliance trigger is raised to 10,000 square
feet in April 2005.
SCHEDULE
Once enacted, the ordinance will be applicable to permit applications not deemed complete by
the City on or after October 15, 2003 for projects that equal or exceed the threshold size criteria.
This implementation schedule is consistent with the revised NPDES permit, which requires the
co-permittees to begin enforcing the new development-related storm water pollution prevention
requirements by October 15, 2003.
RECOMMENDATION
Staff recommends that the City Council conduct the first reading of Ordinance No. I~'Z,~-"An
Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code -
Stormwater Pollution Prevention And Watershed Protection."
Submitted by:
Ralph A. Quails, Jr. · _ e- ~v~c vaov-~
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
DRAFT
ORDINANCE NO. 1922
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.18 OF THE
CUPERTINO MUNICIPAL CODE - STORMWATER POLLUTION PREVENTION AND
WATERSHED PROTECTION
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION I
Amendments
Chapter 9.18 of the Cupertino Municipal Code, entitled Stormwater Pollution Prevention and
Watershed Protection, is hereby amended to read as follows:
9.18.010 - Purpose of Chapter
The U.S. Environmental Protection Agency has identified urban storm water runoff
as the leading cause of water pollution in the United States. Furthermore, both
federal and state agencies have identified storm water runoff as a major source of
pollution adversely impacting the beneficial uses of the South San Francisco Bay. As
a result, the California Regional Water Quality Control Board, San Francisco Bay
Region, has issued the City of Cupertino a National Pollutant Discharge Elimination
System ("NPDES") permit. The NPDES permit requires that the City of Cupertino
implement a Storm Water Management Program to control storm water runoff so that
it does not cause or contribute to a violation of the water quality standards of South
San Francisco Bay.
The purpose of this Chapter is, therefore, to protect health, life, resources and
property by providing minimum requirements designed to control the discharge of
pollutants into the City of Cupertino's storm drain system and to assure that
discharges from the City of Cupertino storm drain system comply with applicable
provisions of the Federal Clean Water Act and National Pollutant Discharge
Elimination System Permit No. CA0029718. Enactment of this Chapter falls within
the scope of the City of Cupertino police powers to protect the health, safety, and
welfare of its residents. Nothing in this Chapter is intended to preclude more
stringent federal or state regulation of any activity covered by this Chapter.
9.18.020 - Definitions
Replace the Definitions section in Chapter 9.18.020 with the following.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by this section, unless the context or the provision clearly requires
otherwise.
Ordinance No. 1922
10.
11.
APPLICANT. Any person, firn~, or governmental agency who executes the
necessary forms to procure official approval ora project or a permit to carry out
construction of a project.
BEST MANAGEMENT PRACTICE (BMP). A structural device or nonstrucmral
practice designed to temporarily store and/or treat stormwater mnoffin order to
reduce pollution, mitigate flooding and provide other amenities.
CITY. All the territory lying within the municipal boundaries of the City of
Cupertino, as presently existing, plus all territory which may be added thereto during
the effective term of the ordinance codified in this chapter.
COMMERCIAL VEHICLE WASHING FACILITY. A commercial facility
where vehicle washing is a primary business activity. Commercial vehicle washing
facilities include, but are not limited to, mobile washing figs.
COOLING SYSTEM. The pipes, heat exchangers and other appurtenances used to
convey cooling water in cooling towers, direct contact cooling systems and similar
fixed cooling systems. Multiple units ora cooling water system serving a building or
piece of equipment are considered as one system if the cooling water distribution
system units are physically connected.
DEEMED COMPLETE. The City reviews development applications within 30 days
of submittal to determine whether all the required information has been provided and
the application can be "deemed complete" and accepted. If the application submittal
is incomplete, staff sends a letter to the applicant indicating that the application is
"deemed incomplete" and lists the items needed to complete the application. If the
Planning Division's written determination is not made within 30 days after receipt of
the application, under State Law, it is deemed "complete" and staff proceeds with
processing the application.
DEVELOPMENT. A land development or land development project.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works and his or her
duly authorized agents and representatives.
DIRECTOR OF COMMUNITY DEVELOPMENT. The Director of Community
Development and his or her duly authorized agents and representatives.
EROSION AND SEDIMENTATION CONTROL PLAN. A plan designed to
minimize the accelerated erosion and sediment runoff at a site during land disturbance
activities.
EXISTING CONDITIONS. Refers to the conditions that exist on a site before the
commencement of a land development project and at the time the City of Cupertino
approves plans for the land development of a site. Where phased development or
Ordinance No. 1922
plan approval occurs (preliminary grading, roads and utilities, etc.), the existing
conditions are considered those at the time before the first item being approved or
permitted.
12. FLEET WASHING FACILITY. A facility for washing vehicles at a location
where a business maintains six or more vehicles.
13.
FOOD SERVICE FACILITY. Any nonresidential establishment that uses or
generates grease when preparing food. Food service facility does not include any
facility that prepares food for off-site cooking and consumption, or any facility that
does not use, generate, or dispose of grease in cooking or preparing food.
14. GREASE. Includes fats, oils, waxes, or other related constituents. Grease may be of
vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils,
and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of
mineral origin, including kerosene, lubricating oil, and road oil.
15. GREASE REMOVAL DEVICE. An interceptor, trap or other mechanical device
designed, constructed and intended to remove, hold or otherwise prevent the passage
of grease to the sanitary sewer.
16. HAZARDOUS MATERIAL. Any material so designated by Chapter 101 of this
code.
17. ILLICIT CONNECTION. The unauthorized connection ofa wastewater stream to
storm sewers.
18. IMPERVIOUS SURFACE. A surface composed of any material that significantly
impedes or prevents the natural infiltration of water into soil. Impervious surfaces
include, but are not limited to, rooftops, buildings, streets and roads, and any concrete
or asphalt surface.
19. EASEMENT. A grant or reservation by the owner of land for the use of such land
by others for a specific purpose or purposes, and which must be included in the
conveyance of land affected by such easement.
20. LAND DEVELOPMENT ACTIVITIES. Those actions or activities that comprise,
facilitate or result in land development.
21. LOADING DOCK. The area of a facility intended for the loading and unloading of
trucks, plus an additional radius of ten feet.
22. NEW DEVELOPMENT. A land development activity on a previously undeveloped
site.
3
0rdinanee No. 1922
23. NPDES MUNICIPAL STORMWATER DISCHARGE PER1VIIT. A National
Pollution Discharge Elimination System permit issued to the City of Cupertino by the
Regional Water Quality Control Board, San Francisco Bay Region.
24. NUMERIC BMP SIZING CRITERIA. Requirements for designing stormwater
BMPs that are included in the City's NPDES Municipal Stormwater Discharge
Permit and more specifically described in the Santa Clara Valley Urban Runoff
Pollution Prevention Program's "Guidance for Implementing Stormwater Regulations
for New and Redevelopment Projects."
25. OIL-WATER SEPARATOR. A receptacle designed and constructed to intercept,
separate, and prevent the passage of oils and sediments into the sewer system.
26. ON-SITE STORMWATER TREATMENT FACILITY. A stormwater treatment
facility located within the boundaries of the site.
27.
OPERATION AND MAINTENANCE AGREEMENT. A written agreement
providing for the long-term operation and maintenance of stormwater management
facilities and practices on a site or with respect to a land development project, which
when properly recorded in the deed records constitutes a restriction on the title to a
site or other land involved in a land development project.
28. OWNER. The legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person,
firm or corporation in control of the site.
29. PERMIT. The permit issued by the City of Cupertino to the applicant required for
undertaking any land development activity.
30. PERSON. Any person, firm, association, organization, partnership, business trust,
joint venture, corporation or company, and includes the United States, the State of
California, the County of Santa Clara, special purpose districts and any officer or
agency thereof.
31.
POST-DEVELOPMENT. Refers to the time period, or the conditions that may
reasonably be expected or anticipated to exist, after completion of the land
development activity on a site as the context may require.
32.
REDEVELOPMENT. A land development project on a previously developed site,
excluding ordinary maintenance activities, interior remodeling of existing buildings,
resurfacing of paved areas, and exterior changes or improvements which do not
materially increase or concentrate stormwater runoff, or cause additional stormwater
runoff pollution.
33. RUNOFF. Stormwater runoff.
4
Ordinance No. 1922
34. RUNON. Stormwater flow entering a specific location from elsewhere on or off the
site.
35. SANITARY SEWAGE OR SEWAGE. Water-carried wastes from residences,
business property, institutions and industrial property excluding ground water, surface
water, and storm waters.
36.
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION
PROGRAM (SCVURPPP). The Santa Clara Valley Urban Runoff Pollution
Prevention Program is an association of thirteen cities and towns in the Santa Clara
Valley, together with Santa Clara County and the Santa Clara Valley Water District.
Program participants, referred to as Co-permittees, share a common Municipal
NPDES permit to discharge stormwater to South San Francisco Bay.
37. SECONDARY CONTAINMENT. The level of containment external to and
separate from the primary containment.
38. SEWER SYSTEM OR SANITARY SEWER SYSTEM. All sewers and other
facilities for carrying, collecting, treating, and disposing of sanitary sewage.
39.
SITE. Any tract, lot or parcel of land or combination of tracts, lots, or parcels of
land, which are in one ownership, or are contiguous and in diverse ownership where a
development is to be performed as part of a unit, subdivision, or project.
40. STORM DRAIN. Any pipe, conduit or sewer of the city designed or used for the
disposal of storm and surface waters and drainage including unpolluted cooling water
and unpolluted industrial process water, but excluding any community sanitary sewer
system.
41. STORMWATER DISCHARGE. Any discharge from land that results or probably
will result in a discharge into watercourses. The discharges represent a process
whereby pollutants, debris and chemicals generated from various land uses
accumulate on streets, construction sites, parking lots and other exposed surfaces and
are washed off and carried away by stormwater runoff into watercourses. The major
pollutants of concern in these discharges are heavy metals, sediments, petroleum
hydrocarbons, organochlorine, pesticides and toxics.
42. STORMWATER MANAGEMENT. The collection, conveyance, storage,
treatment and disposal of stormwater runoff in a manner intended to prevent
increased flood damage, streambank channel erosion, habitat degradation and water
quality degradation, and to enhance and promote the public health, safety and general
welfare.
43. STORMWATER MANAGEMENT FACILITY. Any infrastructure that controls,
treats or conveys stormwater runoff.
Ordinance No. 1922
44. STORMWATER MANAGEMENT PLAN. A document describing how existing
runoff characteristics will be affected by a land development project and containing
measures for complying with the provisions of this ordinance.
45. STORMWATER POLLUTANT SOURCE CONTROL BMPS. Measures or
practices used to control stormwater pollution by eliminating contact between rainfall
and the potential source of contamination.
46.
STORMWATER POLLUTION PREVENTION PLAN. A document identifying
potential stormwater pollutant sources at a construction site, the stormwater source
control BMPs to be used to reduce these pollutants during and after construction and
a description of required BMP monitoring. Generally applies to construction projects
disturbing one or more acres.
47. STORMWATER RUNOFF. Water from rain, landscape irrigation, or other sources
that flows over the land surface without entering the soil.
48. UNPOLLUTED WATER. Water to which no constituent has been added, either
intentionally or accidentally, that would render the water unacceptable for disposal to
storm or natural drainages or directly to surface waters.
49. VEHICLE FLUID. A liquid used in or drained from a motor vehicle. Vehicle
fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid,
radiator fluid, hydraulic fluid, transmission fluid, and coolant.
50.
VEHICLE SERVICE FACILITY. A commercial or industrial facility that
conducts one or more of the following operations with respect to vehicles or
components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement,
engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle
washing.
51. WASTE. Sewage and soil from erosion and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with human habitation, or of human
or animal origin, or from any producing, manufacturing or processing operation of
whatever nature, including waste placed within containers of whatever nature prior to,
and for purposes of, disposal.
52. WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any
adjacent area that is subject to inundation from overflow or flood water.
53. WATER QUALITY IMPACT. Any deleterious effect on waters or wetlands,
including their quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses that are or may potentially be harmful or
injurious to human health, welfare, safety or property, to biological productivity,
6
Ordinance 1022
diversity, or stability or which unreasonably interfere with the enjoyment of life or
property, including outdoor recreation.
9.18.030 - Limitations on Point of Discharge
No person shall discharge any substance directly into a manhole or other opening in a
City storm drain other than through a city approved storm drain connection.
9.18.040 - Discharge into the Storm Drain Prohibited
A. It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any
storm drain or natural outlet or channel all waste, including but not restricted to,
sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising
from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents,
paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and
fertilizers.
B. It is unlawful to cause hazardous materials, domestic waste or industrial waste to be
deposited in such a manner or location as to constitute a threatened discharge into
storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a
condition creating a substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take immediate action to
prevent, reduce or mitigate damages to persons, property or natural resources.
Domestic or industrial wastes that are no longer contained in a pipe, tank or other
container are considered to be threatened discharges unless they are actively being
cleaned up.
C. The Director of Public Works may require that unpolluted cooling water or other
unpolluted water be discharged into a natural outlet. However, allowable discharges
shall not cause any impairment in the beneficial uses or quality of water of the state as
defined in the California Water Code or any special requirements of the Regional
Water Quality Control Board, San Francisco Bay Region or to injure or interfere with
the operation of the State's watercourses. City may, from time to time, by resolution
of the City Council adopt supplementary roles and regulations on discharge into any
storm drain or natural outlet or channel which shall have the same fome and effect as
!fset forth herein and for which the remedies herein for violation shall be applicable.
9.18.050 - Public Nuisance
The discharge of unscreened garbage, fruit, vegetable, animal or other solid industrial
wastes into any storm drain or natural outlet or channel, in violation of any provision
of this Chapter, is hereby declared to be a public nuisance and shall be handled in the
same manner as provided in Chapter 1.09 of this Code.
9.18.060 - Protection From Accidental Discharge
Each person shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this Chapter into any storm drain or natural
7
Ordinance No. 1022
9.18.070
9.18.080 -
9.18.090
outlet or channel. Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the user's expense.
Accidental Discharge -Notification of Discharge
All persons shall notify the Director of Public Works by telephone immediately upon
accidentally discharging wastes to enable countermeasures to be taken by the City to
minimize damage to storm drains and the receiving waters. This notification shall be
followed, within ten (10) days of the date of occurrence, by a detailed written
statement describing the causes of the accidental discharge and the measures being
taken to prevent future occurrences. Such notification will not relieve persons of
liability for violations of this Chapter or for any fines imposed on the city on account
thereof under Section 13350 of the California Water Code, or for violation of Section
5650 of the California Fish and Wildlife Code, or any other applicable provisions of
State or Federal laws.
Discharge Permitted Pursuant to NPDES Permit
The provisions of this Chapter shall not prohibit any discharge in compliance with a
valid NPDES permit issued to the discharger.
Stormwater Pollution Prevention Plan
Storm water pollution prevention plans (SWPPPs) shall be prepared and made
available at construction sites for all projects disturbing a soil area of one (1) or more
acres. Preparation of the SWPPP shall be in accordance with the most recent versions
of the "Guidelines for Construction Projects," published by the San Francisco Bay
Region of the California Regional Water Quality Control Board and the City of
Cupertino "Construction BMP Selection Matrix."
9.18.100
A.
Permanent Storm Water Pollution Prevention Measures Required
All development and redevelopment projects shall include permanent BMPs in
order to reduce the water quality impacts of stormwater runoff from the entire site
for the life of the project.
Significant Redevelopment projects that result in an increase of, or replacement
of, more than fifty (50) percent of the impervious surface of a previously existing
development shall include permanent BMPs sufficient to reduce water quality
impacts of stormwater runoff from the entire site for the life of the project.
Significant Redevelopment projects that result in an increase of, or replacement of
fifty (50) percent or less of the impervious surface of a previously existing
development shall include permanent BMPs sufficient to reduce water quality
impacts of stormwater runoff from the increased or replaced portion of the site for
the life of the project.
0rdinanee No. 1922
9.18.110
D. No final building or occupancy permit shall be issued without the written
certification of the Director of Public Works that the requirements of this chapter
have been satisfied.
Design and Selection of Best Management Practices
Stormwater quality best management practices shall be selected and designed to
the satisfaction of the Director of Public Works in accordance with the
requirements contained in the most recent versions of the following documents.
1. City of Cupertino BMP Selection Matrices (Construction and Post-
Construction);
2. Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP)
"Guidance for Implementing Stormwater Regulations for New and
Redevelopment Projects;"
3. NPDES Municipal Stormwater Discharge Permit issued to the City of
Cupertino by the California Regional Water Quality Control Board, San
Francisco Bay Region;
4. California BMP Handbooks;
5. "Start at the Source" Design Guidance Manual;
6. Bay Area Stormwater Management Agencies Association "Using Site Design
Standards to Meet Development Standards for Stormwater Quality - A
Companion Document to Start at the Source"; and
7. City of Cupertino Planning Procedures Performance Standard.
Numeric sizing criteria used to design stormwater pollutant removal treatment
systems shall be in accordance with the City's current NPDES Municipal
Stormwater Discharge Permit.
1. Treatment systems depending on volume capacity, such as detention/retention
units or infiltration structures, shall be designed to treat stormwater runoff
equal to:
a. The maximized stormwater quality capture volume for the area, based on
historical rainfall records, determined using the formula and volume
capture coefficients set forth in Urban Runoff`Quality Management, WEF
Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998)
pages 175-178 (e.g. approximately the 85 h percentile 24-hour storm
runoff event); or
b. The volume of annual runoff required to achieve 80 pement or more
capture, determined in accordance with the methodology set forth in
Appendix D of the California Stormwater Best Management Practices
Handbook for New Development and Redevelopment (2003), using local
rainfall data.
2. Treatment BMPs whose primary mode of action depends on flow capacity,
such as swales, sand filters, or wetlands, shall be sized to treat:
a. 10% of the 50-year peak flow rate; or
b. The flow of runoff produced by rain equal to at least two times the 85th
percentile hourly rainfall intensity for the applicable area, based on
historical records of hourly rainfall; or
9
Ordinance No. 1922
c. The flow ofrtmoffresulting from rain equal to at least 0.2 inches per hour
intensity.
9.18.120 Stormwater Management Plan Required
A. Development Permit Application Requirements
Applications for land development projects meeting the criteria below must be
accompanied by a Stormwater Management Plan, including stormwater quality
best management practices (BMPs), as required by this ordinance. The
Stormwater Management Plan shall detail how runoff and associated water
quality impacts resulting from the activity will be controlled or managed.
1. New commercial, industrial, residential or institutional development creating
one (1) acm or more of impervious surface, collectively over the entire project
site, including roof area, parking lots, streets and sidewalks;
2. Redevelopment of existing commemial, industrial, residential or institutional
parcel or parcels creating, adding or replacing one (1) acm or more of
impervious surface, collectively over the entire project site, including roof
area, parking lots, streets and sidewalks;
3. Public streets, roads and parking lots creating or replacing one (1) acre or
more of impervious surface, collectively over the entire project site.
4. Land development activities that are smaller than the minimum applicability
criteria set forth in items 1 and 2 above, if such activities are part of a larger
common plan of development, even though multiple, separate and distinct
land development activities may take place at different times on different
schedules.
B. Building Permit Requirements
No building, grading, or erosion and sediment control permit shall be issued until
the Stormwater Management Plan has been reviewed and approved by the
Director of Public Works.
9.18.130 Stormwater Management Plan Contents
The development permit applicant is responsible for submitting a Stormwater Management Plan
that meets the design requirements of this Ordinance. The plan shall include sufficient
information to evaluate the environmental characteristics of affected areas, the potential impacts
of the proposed development on water resources, and the effectiveness and acceptability of
measures proposed for managing stormwater runoff. The minimum information submitted for
support ofa Stormwater Management Plan shall be as follows:
A. Common address, parcel number and legal description of the site;
B. Contact information for all persons having a legal interest in the property;
C. Vicinity map;
D. A brief narrative description of the project;
E. Geotechnicial investigations including soil maps, borings, site-specific
recommendations, and any additional information necessary for the proposed
stormwater management design;
10
Ordinance No. 1922
9.18.140
F. Written or graphic inventory of natural resources existing at the site and in the
surrounding area, including, but not limited to, watercourses, wetlands, and native
vegetative areas;
G. Data for total site area, disturbed area, new and/or replaced impervious surface
area, and total impervious surface area;
H. Topographic survey information showing existing and proposed contours,
including all areas necessary for the post-development hydraulic analyses of
proposed stormwater management facilities;
I. Erosion and sediment control plan, as required by City Code Section 16.08,
Excavation, Grading and Retaining Walls;
J. A list of any other applicable environmental permits that will be required for the
project and the responsible agencies (examples: Santa Clara Valley Water
District, State Department ofFish and Game, Regional Water Quality Control
Board);
K. Hydrologic computations, including drainage area maps depicting existing and
post-development runoff flow paths and land use;
L. Hydraulic computations for existing and post-development conditions;
M. A list of all stormwater management facilities and practices to be employed at the
site;
N. A list of any regular on-site cleaning activities to be used as stormwater pollutant
source controls (example: pavement sweeping) and the schedules for these
cleaning activities;
O. Numeric BMP sizing criteria computations according to the SCVURPPP
"Guidance for Implementing Stormwater Regulations for New and
Redevelopment Projects;"
P. Structural and construction details for all components of the proposed drainage
system or systems and stormwater management facilities;
Q. Landscaping plan showing disposition of existing vegetation and any vegetative
site stabilization and/or landscape-based storm water management measures;
R. Cost estimates for all proposed on-site stormwater treatment facilities for the
purpose of calculating the amount of any required performance bonds;
S. BMP operation and maintenance procedures, including maintenance tasks,
inspection and maintenance schedule, the parties responsible for BMP operation
and maintenance, funding mechanisms for on-going operation and maintenance
and access and safety issues;
T. Certification by the owner/developer that all stormwater management
construction will be done according to this Stormwater Management Plan;
U. An as-built certification signature block to be executed by the responsible
registered civil engineer after project completion; and
V. Any other information as may be required by the Director of Public Works.
Preparation of the Stormwater Management Plan
A. The Stormwater Management Plan shall be prepared under the direction of a
professional civil engineer registered in the State of California. The responsible
11
Ordinance No. 1922
9.18.150
9.18.160
professional civil engineer shall stamp and sign the approved Stormwater
Management Plan.
The Director of Public Works may require a developer to provide a signed
certification from the civil engineer responsible for preparing the Stormwater
Management Plan that all stormwater best management practices have been
designed to meet the requirements of this Ordinance. Each certifying civil
engineer shall establish to the City's satisfaction that such person has been trained
on the design of stormwater quality best management practices not more than
three (3) years prior to the certification signature date. Qualifying training shall
be conducted by an organization with stormwater quality management expertise,
such as a university, the Bay Area Stormwater Management Agencies
Association, the American Society of Civil Engineers, the American Public
Works Association, or the California Water Environment Association.
Stormwater BMP Operation and Maintenance Responsibility
A. For the life of the project, all on-site stormwater management facilities shall be
operated and maintained in good condition and promptly repaired by the property
owner(s), an Owners' or Homeowners' Association or other legal entity approved
by the City.
B. Any repairs or restoration and maintenance shall be in accordance with City-
approved plans.
C. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Management Plan.
Stormwater BMP Operation and Maintenance Agreement
A. Prior to the issuance of any building permit requiring stormwater management
BMPs, the owner(s) of the site shall enter into a formal written stormwater BMP
operation and maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa
Clara and it shall be binding on all subsequent owners of land served by the
stormwater management treatment BMPs.
B. The stormwater BMP operation and maintenance agreement shall require that the
BMPs not be modified and that BMP maintenance activities not alter the designed
function of the facility from its original design unless approved by the City prior
to the commencement of the proposed modification or maintenance activity.
C. The stormwater BMP operation and maintenance agreement shall provide that in
the event that maintenance or repair is neglected, or the stormwater management
facility becomes a danger to public health or safety, the City shall have the
authority to perform maintenance and/or repair work and to recover the costs from
the owner.
D. The owner shall provide the City with three signed copies of the recorded
stormwater BMP operation and maintenance agreement.
12
Ordinance Iqo. 1022
9.18.170 Stormwater BMP Inspection Responsibility
The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a knowledgeable party.
Unless otherwise required by the Director of Public Works, stormwater facility
inspections shall be done at least twice per year, once in fall, in preparation for the
wet season, and once in winter. Written records shall be kept of all inspections
and shall include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List ofstormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site reinspection
9.18.180 Records of Maintenance and Inspection Activities
On or before April 15th of each year, the party responsible for the operation and maintenance of
on-site stormwater management facilities shall provide the Director of Public Works with
records of all inspections, maintenance and repairs.
9.18.190 Failure to Maintain
A. If the responsible party fails or refuses to meet the requirements of the stormwater
BMP operation and maintenance agreement, the City, after thirty (30) days
written notice, may correct a violation of the design standards or maintenance
requirements by performing the necessary work to place the facility or practice in
proper working condition.
B. In the event the City determines that the violation constitutes an immediate danger
to public health or public safety, 24 hours written notice from the City shall be
sufficient.
C. The City may assess the owner(s) of the property for the cost of repair work and
any penalties. This may be accomplished by placing a lien on the property, which
may be placed on the tax bill for such property and collected in the ordinary
manner for such taxes.
9.18.200 Inspection and Maintenance Easement
A. The Director of Public Works shall have access to all on-site stormwater
treatment facilities for the purpose of inspection and repair. This includes the
right to enter a property when the City has a reasonable basis to believe that a
violation of this ordinance is occurring or has occurred and to enter when
necessary for abatement of a public nuisance or correction of a violation of this
ordinance.
13
Ordinance No. 1922
9.18.210
B. Prior to the issuance of a building permit for which stormwater management
BMPs are required, the applicant/owner shall secure the necessary inspection and
maintenance easement(s) on a permanent basis. The terms of the inspection and
maintenance easement shall allow the City to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection and repair.
C. The inspection and maintenance easement will be recorded by the City with the
stormwater BMP operation and maintenance agreement and will remain in effect
even with transfer of title to the property.
D. The owner shall provide the City with three signed copies of the recorded
inspection and maintenance easement.
Stormwater Pollutant Source Control BMPs
A. Storm Drain Inlet Labeling
Storm drain inlets shall be clearly marked with the words "No Dumping - Flows
to Bay," or equivalent.
B. Drains and Drain Lines
1. Interior floor drains shall not be connected to the storm drain system.
2. Exterior drains within the following areas shall not be connected to the
storm drain:
a. Equipment or vehicle washing areas;
b. Areas where chemicals, hazardous materials, or other nncontained ·
materials are stored unless secondary containment is provided;
c. Equipment or vehicle fueling areas or fluid changing areas;
d. Loading docks where chemicals, hazardous materials, grease, oil, or
waste products are handled.
3. Where feasible, roof drains shall not connect directly to the storm drain
system. Roof runoff shall be directed to landscaped areas. Upon approval
of the Director of Public Works, projects located in hillside areas may be
exempt from these requirements.
4. Nonresidential facilities shall either: (a) provide secondary containment
for all roof-mounted equipment, tanks, and piping containing liquids other
than potable water; or (b) connect all roof drains and equipment discharge
lines to the sanitary sewer.
5. Boiler drain lines shall be connected to the sewer system and may not be
discharged to the storm drain system.
6. Cooling systems shall not be connected or allowed to drain to the storm
drain system.
7. Condensate lines shall not be connected or allowed to drain to the storm
drain system.
C. Pool and Spa Discharges
1. It shall be unlawful to discharge water from pools and spas to the storm
drain system.
2. When draining a pool, a hose or other temporary system shall be directed
into a sewer (not storm drain system) clean out.
14
Ordinance No. 1922
3. For swimming pools installed or remodeled after the adoption date of this
ordinance, a sewer clean out shall be installed in a readily accessible area,
within ten (10) feet of the pool edge, if possible.
4. De-chlorinated spa discharges may be directed to landscaped areas,
providing this does not generate runoffto the storm drain system.
Vehicle and Equipment Fueling Facilities
Vehicle or equipment fueling facilities installed or remodeled after the adoption
date of this ordinance shall be designed to prevent the rtmon of stormwater and
runoffof spills. This shall be accomplished by:
1. Paving the fueling area with concrete or other impervious surface;
2. Covering the fueling area and extending the cover a minimum often (I0) feet
beyond the fuel pumps in the directions of vehicle or equipment access and
egress; and
3. Grading the area (sloped inward) or installing a berm or curb around the
perimeter of the fueling area. Storm drains shall be prohibited in these fueling
areas.
Vehicle Service Facilities
1. No person shall dispose of, nor permit the disposal, directly or indirectly, of
vehicle fluids, hazardous materials, or rinsewater from parts cleaning
operations into storm drains.
2. All owners and operators of vehicle service facilities shall ensure that any
vehicle fluid, hazardous material, or rinsewater from parts cleaning operations
that comes into contact with any floor, pavement or ground surface is cleaned
up immediately from such surface.
3. No tanks, containers or sinks used for parts cleaning or rinsing shall be
connected to the storm drain system.
4. No person shall perform vehicle fluid removal outside a building, nor on
asphalt or ground surfaces, whether inside or outside a building, except in
such a manner as to ensure that any spilled fluid will be in an area of
secondary containment.
5. Leaking vehicle fluids shall be contained or drained immediately.
6. No person shall leave unattended drip parts or other open containers
containing vehicle fluid, unless such containers are in use or in an area of
secondary containment.
7. No person shall discharge wastewater from vehicle washing operations or
wash racks to a storm drain, or onto the ground.
8. No person shall discharge water from vehicle washing operations into the
storm drain, except that used for rinsing of vehicle exterior surfaces with
water to remove only atmospheric dust deposited on a vehicle when not in
use. This exception does not apply to commercial vehicle washing facilities
or fleet washing.
9. Vehicle service facilities shall be cleaned using only those methods of
cleaning that ensure that no materials are discharged to the storm drain
10. All owners and operators of vehicle service facilities shall ensure that spill
prevention and clean-up equipment and absorbent materials are kept in stock
at all times and are readily available for use.
15
OrSJnanee No. 1922
11. No acid-containing batteries shall be stored except within secondary
containment.
12. All owners and operators of vehicle service facilities shall post or cause to be
posted signs on all storm drains located on the property of the facility
notifying persons that the discharge of waste into the storm drain is illegal.
F. Food Service Facilities
1. Food service facilities shall have a sink or other area for cleaning floor mats,
containers, and equipment, which is connected to a grease removal device and
the sanitary sewer. The sink or cleaning area shall be large enough to clean
the largest mat or piece of equipment to be cleaned.
2. New buildings constructed to house food service facilities shall include a
covered area for a dumpster. The area shall be designed to prevent water
runon to the area and runoff from the area.
3. Drains that are installed beneath dumpsters serving food service facilities shall
be connected to a grease removal device.
G. Parking Garages
1. If installed, parking garage floor drains on interior levels shall be not be
connected to the storm drain, but to an oil/water separator prior to discharging
to the sanitary sewer system.
2. Parking garage oil/water separators shall have a minimum capacity of 100
gallons.
3. The parking garage oil/water separator shall be cleaned at a frequency of at
least once every twelve months or more frequently if recommended by the
manufacturer or as required by the City.
H. Root control chemicals.
No person shall discharge, dispose or add to the storm drain system any substance
to control roots.
I. Dumpsters
1. New buildings, except for single-family and duplex residences, shall provide a
covered-area for a dumpster.
2. The area shall be designed to prevent water runon to the area and runoff from
the area.
3. Dumpsters serving food service facilities shall be designed in accordance with
Section 9.18.200F, above.
J. Multi-Family Residential Vehicle Washing Facilities
l. New residential buildings with 25 or more units shall provide a covered,
bermed area for occupants to wash their vehicles.
2. The vehicle washing area shall be designed to prevent water runon to the area
and runoff from the area.
3. A drain shall be installed to capture all vehicle washwaters and shall be
connected to an oil/water separator prior to discharge to the sanitary sewer
system.
4. Vehicle washing area oil/water separators shall have a minimum capacity of
100 gallons.
16
Ordinance No. 1922
9.18.220
9.18.230
9.18.240
9.18.250
5. The oil/water separator shall be cleaned at a frequency of at least once every
six months or more frequently if recommended by the manufacturer or the
superintendent.
K. Copper roofing materials.
1. Copper metal roofing, copper granule-containing asphalt shingles and copper
gutters shall not be permitted for use on any residential, commemial or
industrial building for which a building permit is required.
2. Copper flashing for use under tiles or slates and small copper ornaments are
exempt from this prohibition.
Violation
Any person who violates any provision of this Chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapter
1.12 of this Code.
Civil Penalty For Violation -Payment of Funds to Account
Any person who violates any provision of this Chapter or any provision of any permit
issued pursuant to this Chapter shall he civilly liable to the city in a sum not to exceed
the amounts provided for in Government Code §§54740 and/or 54740.5. The City
may petition the Superior Court pursuant to Government Code §54740 to impose,
assess and recover such sums. The civil penalty provided in this section is cumulative
and not exclusive, and shall be in addition to all other remedies available to the City
under State and Federal law and local ordinances. Funds collected pursuant to this
Section shall be paid to City's Environmental Storm Management Account.
Civil Penalty for Illicit Discharges - Payment of Funds to Account
Any person who discharges pollutants, in violation of this Chapter, by the use of
illicit connections shall be civilly liable to the City in a sum not to exceed Twenty
Five Thousand Dollars ($25,000.00) per day per violation for each day in which such
violation occurs. The City may petition the Superior Court pursuant to Government
Code §54740 to impose, assess and recover such sums. The civil penalty provided in
this section is cumulative and not exclusive, and shall be in addition to all other
remedies available to the City under State and Federal law and local ordinances.
Funds collected pursuant to this section shall be paid to City's Environmental Storm
Management Account.
Notice of Violation
Unless the Director of Public Works finds that the severity of the violation warrants
immediate action under Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit
revocation or suspension, he/she shall issue a notice of violation which:
(1) Enumerates the violations found; and
17
Ord;nanee No. 1022
(2) Orders compliance by a certain date.
9.18.260 Administrative Penalties - Payment of Funds to Account
Whenever the City Manager or his/her designee finds that any person has violated
any notice, of violation requiting compliance with any provision of this Chapter, or
has violated any provision of this Chapter, he may assess an administrative penalty in
a sum not to exceed the amounts provided in Government Code {}54740.5. The
remedy provided in this Section is cumulative and not exclusive, and shall be in
addition to all other remedies available to the City under State and Federal law and
local ordinances. Funds collected pursuant to this section shall be paid to City's
Environmental Storm Management Account.
9.18.270 Severability
If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is
for any reason held to be unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining portion of this Chapter shall
not be affected thereby.
Section II
Applicability
The Stormwater Management Plan requirement of this ordinance applies to all new or
redevelopment projects, unless the project application was "deemed complete" by the Director of
Community Development prior to the effective date of this ordinance.
Section III
Enforcement
The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon
its becoming effective with the Sheriffs Office and the County of Santa Clara, State of
California.
Section IV
Publication
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation published and circulated in the city within fifteen {15) days after its passage, in
accordance with {}36933 of the Government Code; shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
18
Ordinance No. 1922
INTRODUCED at a regular meeting of the City Council this 2nd day of September, 2003,
and ENACTED at a regular meeting of the City Cotmcil this 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
19
ORDINANCE NO. 1923
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.08 OF THE CUPERTINO MUNICIPAL CODE
REGARDING WEED ABATEMENT
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
the Cupertino Municipal Code Section shall be amended to read as follows:
9.08.080 Notice of report.
The City Clerk shall post a copy of the report and assessment list specified in
Section 9.08.070 in a conspicuous place in *~'- '~;~ ~^~-~--, ,,r me ~,, ,,~,~o~ near the
main door of the city council chambers, together with a notice of the filing thereof and of
the time and place when and where it will be submitted to the City Council for hearing
and confirmation, notifying property owners that they may appear at such time and place
and object to any matter contained therein. In addition, the Fire M'2..~g~g! City Clerk shall
mail a copy of the notice and his the assessment list to all persons owning property
described in his the assessment list. The mailing labels shall be provided by the Fire
Marshal. The posting and mailing of the notice and assessment list shall be made and
completed at least ten days prior to the time for hearing objections by the City Council.
Such notice shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED
ABATEMENT NOTICE IS HEREBY GiVEN that on ., 2L9 20 the County
Fire Marshal filed with the City Clerk a report and assessment on abatement of weeds
within the City, copies if which are posted ~- *~'~ ~'~;', ~,-~-~-., -.~ t~~ ~;*., ,.rc,~. near the
main door of the city council chambers. NOTICE IS FURTHER GIVEN that on
,4-9 20 , at the hour of o'clock , in the chambers of the City
Council said report and assessment list will be presented for consideration and
confirmation, and that any and all persons interested, having any objections to said report
and assessments list, or to any matter or thing contained therein, may appear at said time
and place and be heard. Dated this day of _, J.9 20
City Clerk of the City of Cupertino
This ordinance shall take effect and be in force thirty (30) days after its passage.
Ordinance No. 1923
Page 2
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2nd day of
September 2003 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the __ day of 2003, by the following vote:
Vote:
Ayes:
Noes:
Absem:
Abstain:
Members of the City Council
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
CU?E NO
C~'~ Hall
! 0300 Torte A¥¢nu¢
Cupertino, CA 95014-3255
Telephone: (408) 777-3212
FAX: (408) ???-3366
da¥¢k~¢upcrtino.org
OFFICE OF THE CITY MANAGER
STAFF REPORT
Agenda Item Number
Agenda Date: September 2, 2003
SUBJECT AND ISSUE
Accept Annual Report from July 1, 2002 to June 30, 2003.
BACKGROUND
The attached annual report recounts City activities over the past fiscal year. It is provided for your
information and to create a history of the City's efforts on behalf of our residents.
The City of Cupertino is blessed with engaged residents, generous volunteers, dedicated commission
and committee members, an energetic and talented staff and a City Council dedicated to improving the
quality of life in our community.
In the crush of daily activities, it is helpful from time to time to step back and see just how much has
been accomplished.
RECOMMENDATION
Accept Annual Report from July 1, 2002 to June 30, 2003.
Respectfully submitted:
David W. Knapp, City Manager
Printed on Recycled Papor ~ ~- [
Annual Report
City of Cupertino
Fiscal Year 2002-03
Table of Contents
Introduction .............................................................................................. 4
State Budget Crisis ...................................................................................................................... 4
Capital Project Financing ............................................................................................................ 4
Corridor Master Planning ........................................................................................................... 4
Building Community .................................................................................................................. 5
Communications ......................................................................................................................... 5
Santa Clara Valley Water District (SCVWD) Collaborative ...................................................... 5
Commissions ............................................................................................................................... 6
Customer Service ........................................................................................................................ 6
Housing ....................................................................................................................................... 7
Accolades .................................................................................................................................... 7
Conclusion .......... : ....................................................................................................................... 7
Parks and Recreation Department ............................................................ 8
Senior Center .............................................................................................................................. 8
Activities ................................................................................................................................. 8
Services ................................................................................................................................... 8
Volunteers ............................................................................................................................... 9
Facility Use ............................................................................................................................. 9
Youth/Teen Division ................................................................................................................... 9
Summer Camps ....................................................................................................................... 9
Playgrounds ........................................................................................................................... 10
After School Enrichment Program ........................................................................................ I0
Teen Programs ...................................................................................................................... 10
Preschool Programs .............................................................................................................. 10
Sports and Fitness Division ...................................................................................................... 10
Blackberry Farm ....................................................................................................................... 11
Blackberry Farm Picnic Grounds .......................................................................................... 11
Blackberry Farm Golf Course ............................................................................................... 11
McClellan Ranch Park .......................................................................................................... 11
Quinlan Community Center/Cultural Division ......................................................................... 11
Quinlan Community Center .................................................................................................. 11
Cultural Division ................................................................................................................... 11
Administration .......................................................................................................................... 11
Parks and Recreation Commission ........................................................................................... 12
Teen Commission ..................................................................................................................... 12
Public Works Department ...................................................................... 13
Capital Improvement Program .................................................................................................. 13
Maintenance Achievements ...................................................................................................... 14
Community Development Department .................................................. 14
Planning Commission ............................................................................................................... 15
Current Planning/Development Review ................................................................................... 15
Advanced Planning ................................................................................................................... 16
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Housing Programs ..................................................................................................................... 16
Redevelopment Program ........................................................................................................... 17
Building Division ...................................................................................................................... 17
Administrative Services ............................................................................................................ 17
Sheriff' s Department .............................................................................. 17
Criminal Activity ...................................................................................................................... 18
Traffic ....................................................................................................................................... 18
Response Times ........................................................................................................................ 19
Other Activities ......................................................................................................................... 19
School Resource Officers ......................................................................................................... 20
Public Information Office ......................................................................21
Communications Audit Committee .......................................................................................... 22
AccessCupertino ....................................................................................................................... 22
Community Communications Survey ....................................................................................... 22
Community Meeting Hall ......................................................................................................... 22
Webcasting ................................................................................................................................ 22
Cupertino Scene ........................................................................................................................ 22
Public Access ............................................................................................................................ 23
Telecommunications Commission ............................................................................................ 23
Library .................................................................................................... 23
Library Commission ................................................................................................................. 23
Administrative Services Department ..................................................... 23
Finance ...................................................................................................................................... 23
Information Technology ........................................................................................................... 25
Human Resources ..................................................................................................................... 26
City Clerk .................................................................................................................................. 27
Fine Arts Commission .............................................................................................................. 28
Code Enforcement .................................................................................................................... 29
Public Safety Commission ........................................................................................................ 30
Emergency Preparedness .......................................................................................................... 30
Cupertino Amateur Radio Emergency Services (CARES) ....................................................... 31
Community Outreach ................................................................................................................ 33
Economic Development ............................................................................................................ 34
Treasury .................................................................................................................................... 34
City Attorney's Office ............................................................................ 34
Index ....................................................................................................... 37
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Introduction
State Budget Crisis
As with all California cities, Cupertino expended a great deal of effort this past year preparing
for the impacts of the chaotic state budget process and the inevitable resulting revenue loss. In
hard economic times, local governments experience lower revenues, but these losses are
compounded as the State balances its budget on the backs of cities, counties, schools and special
districts. In Cupertino, the largest of these cuts is to the Vehicle License Fee (VLF). When the
State had a nine billion dollar surplus, it decided to give taxpayers a break. Unfortunately, rather
than refunding any of its own revenues, the State generously gave back VLF money; city
revenue. The VLF has been dedicated exclusively to city services since its inception in 1935 and
has accounted for approximately 10% of our city's general fund.
Capital Proieet Financing
At the same time, Cupertino has embarked upon a very aggressive capital improvement program,
including a $25.5 million library and civic center project. The voters supported this project, in
part; through a 15-year extension of the utility users tax. This enabled the City to refinance
outstanding capital debt at a much lower rate of interest. The resulting savings will produce $1.4
million annually through 2015, the original sunset of our utility tax and debt obligations. The
transaction provided us the ability to fund the library and civic center.
Corridor Master Planning
Over the past several years, the residents of Cupertino acquired approximately 66 acres of land
along Stevens Creek, between Stevens Creek Boulevard and McClellan Road. This past year the
Parks and Recreation Department began developing a master plan for this land through an
unprecedented public participation process. The process included a series of focus groups, a
citywide survey, and "visioning" kits for everyone interested. These kits included maps,
templates for various uses (e.g. ball fields, parking, swimming pools, etc.). A videotape or DVD
was included showing the area and explaining the environmental and historical aspects of the
land along with its current uses. The video also explained City Council's criteria to be used in
developing a master plan for the corridor.
The visioning kits were approved for distribution in December. Requests for kits came from as
far away as Ontario, Canada, and by February, individuals, organizations, and classes (from 6th
grade to college-level) had reserved 320 kits. Three kick~off meetings were held to accommodate
the large number of participants needing initial instruction on how to use the kits. Six technical
support meetings were held to assist participants. One hundred and eight written and drawn
submittals were received by the April 25 deadline, several of them professional quality and all
containing creative and useful ideas Following a reception for participants, the Council and Parks
and Recreation Cormmission received presentations from approximately half of the participating
groups and individuals. Throughout the summer, groups continued to meet and compromise on
plans for the corridor. The Parks and Recreation Commission took public comment on elements
to be included a several meetings, and their input is being refined for Council review. The result
will be a thoroughly worked master plan in which a great many residents had a substantial role.
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Building Community
The City continues to pursue a multi-£aceted initiative toward building stronger relationships
with and among Cupertino residents. Improvements have been seen at every level. Participation
in the Block Leader Program has doubled to sixty-four residents. During the year, the City
provided basic training and advanced communications and facilitation training for new and
established leaders. A block leader recognition ceremony and Fall gathering event were held to
honor leaders and provide opportunities to stay connected with and among leaders. Block leaders
are now included in the City's Mapguide program for specific neighborhood development and
programs. A comprehensive block leader binder containing program information, such as tips on
how to meet your neighbors and details on how to start a block party and form Neighborhood
Watch groups were distributed to each leader.
Communications
While some e-government initiatives have been postponed due to budget constraints, we
continue to work to improve the quality, efficiency and effectiveness of city communications.
The Cupertino wcbsite now has active links to City Council and Planning Commission minutes
and staff report packets, as well as links to minutes archives and current agendas. The City
Clerk's staff is continuing to scan documents into the automated records management system,
which will make all resolutions, ordinances, and minutes available to the public on demand.
Webcasting continues to increase both in number of users and quality of service. With recently
completed upgrades, this 24-hour-a-day video library of local government decision-making will
put five years of video records, with a higher quality image, at the fingertips of the 91% of our
residents with intemet access at home. Webcasting makes this information available anywhere in
the world.
City Channel staff has been working closely with the Public Works Department, architects and
consultants on the engineering for the Community Meeting Hall. The in-house expertise and
design work done by City Channel staff last year has save the project tens of thousands of
dollars.
Santa Clara Valley Water District {SCVWD} Collaborative
The Council's adoption of the Resolution supporting the consensus of the SCVWD Collaborative
advances the principle that local control in land use planning and permitting is the primary
responsibility of cities and that such local control includes watershed protection. Ralph presented
the Council's Resolution to the SCVWD Board of Directors at their regular meeting on August
5, 2003 and the Board adopted their own version of the same resolution supporting the same
principles and continuing to hold their revised ordinance in abeyance.
The Board recognized Cupertino's role in initiating this Collaborative process, and all the Board
members specifically recognized and thanked Ralph for his leadership in proposing and leading
the effort over the last six months. Board member Greg Zlotnick noted that this effort is
becoming recognized nationally as a model for similar types of conflict resolution.
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Commissions
A major study of thc City's nine commissions was completed in June. Thc result is a stronger
link between City Council and commission goals, clarified roles for commissioners and staff,
better reporting on commission accomplishments and a new Commissioners Handbook,
published in August.
Customer Service
Simplifying and streamlining service delivery to constituents continues as a priority. As part of
this on-going effort, the City has established 777-CITY as a single, easy-to-remember point of
contact. This service was made possible with the help of Cupertino Union School District, which
gave this unused phone number to the City. Our philosophy is that it is not the resident's
responsibility to learn City organization and which phone number goes with a particular service
or office. Rather, it is the City's responsibility to receive the request and route it to the
appropriate person.
Resident concerns, questions and complaints are further served by a new channel of
communications we have implemented. Developed last year, AccessCupertino, collects, directs,
records and reports resident contacts and assures responsiveness to community issues. This
service not only allows city employees a more robust and seamless environment for service
requests, but AccessCupertino also allows the City to directly contact a resident, or groups of
residents, regarding issues about which they have contacted the city. AccessCupertino will also
poll customers regarding their service satisfaction and on a variety of other issues determined by
each depamnent.
This year, the City has done more surveys than any other. The biermial community survey is the
most rigorous survey done of the entire community. The most recent survey was completed in
September 2002. This survey shows that 87 percent of Cupertino residents were either "very" or
"somewhat" satisfied with the City's overall effort to provide municipal services. Less than five
percent of Cupertino residents stated they were either "very" or "somewhat" dissatisfied with
park and recreation services offered by the City.
As it was two years ago, race and ethnic relations remain an important issue within the City of
Cupertino. The overall perception of race relations has not changed significantly with over 80
percent of Cupertino residents stating that race and ethnic relations in the City were "excellent"
or "good." The proposal to establish a network of paths and roads for walking and biking within
the City as well as the creation of a downtown area along Stevens Creek Boulevard were well
received. Over 80 percent of residents initially supported the idea of establishing the network of
trails. This level of support only dropped by about 15 percent when it was added that this
network of paths would take space away designated for automobiles. Support for a newly created
downtown area received similar levels of support with three out of every four residents
supporting the proposal.
In addition to the biennial comprehensive community wide survey, the City also conducted many
targeted surveys. A scientific parks and recreation survey also found that 80 percent of City
residents support a trail network along Stevens Creek.
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A first-ever communications survey of city residents was also conducted this past year. This
survey of six hundred residents found that the Cupertino Scene continues to be a more important
source of community information than either the Cupertino Courier or San Jose Mercury News.
The survey showed an increasing use of the City website as a source of information. Surveys on
the Heart of the City Plan, and library services were also conducted this year in order to provide
staff direct resident input on current City projects.
Housing
The City of Cupertino is now an entitlement community. The City will deal directly with the
Department of Housing and Urban Development, although the City will continue to coordinate
with the county. Along with some additional reporting requirements, an additional $138,000 is
expected each year, with a total allocation of $313,00.
Other significant successes in the City's efforts to support affordable housing include one of the
first approved General Plan Housing elements in the state and the completion of Vista Village,
Cupertino's multimillion dollar collaboration with the County and Cupertino Community
Services. This effort was well documented in an article in May 2003, edition of Western City
Magazine, "Affordable Housing Isn't and Oxymoron in Cupertino Anymore."
Accolades
This past year saw continued awards, recognition and leadership for the City and its staff. For the
second year in a row, Cupertino was designated a "Very Low-Cost City" by the Kosmont Cost of
Doing Business Survey. The City Finance Department also again received the Government
Finance Officer's Association's Award of Excellence for the City's budget and annual financial
reports, confirming that City finances and reports continue to meet the highest standards. The
Community Development Department received a Helen Putnam Award for Excellence
Honorable Mention in the category of Planning and Environmental Quality for the innovative
General Plan Community Congress.
In addition to the usually high level of support for local service organizations, other staff are also
leaders in statewide organizations. Public Works Director, Ralph Qualls, joined the Board of the
League of California Cities. Public Information Officer, Rick Kitson, was President of the
California Association of Public Information Officials.
Conclusion
The excellence of our City services and organization is built on the integrity and excellence of
our staff. The economic outlook may be diminished, but the needs of the community and the
commitment of our staff has not. Even though economic storm clouds continue to hang over
Sacramento, our organization has not lost sight, nor waivered, from the priorities and high
standards set by the City Council and community.
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Parks and Recreation Department
There are five divisions within the Parks and Recreation Department. They include the Senior
Center, Youth and Teen Division, Fitness and Sports Division, Blackberry Farm/McClellan
Ranch, and Quinlan Community Center/Special Events. The following are highlights from last
year.
Senior Center.
This area provides centralized services for people aged 50 and over, including recreational
activities, social services, educational programs and information on health insurance,
immigration, housing, and other issues of interest. The Senior Center has 2,780 members this
year. Forty-five percent of the members are between the ages of 50 to 69, fifty-one percent are
aged 70 to 89 and four percent are over 90 years of age.
Activities
The Senior Center offered 9,300 hours of programming for fiscal year 2002-03 an increase from
8,000 hours last year. Mom than 62,000 seniors participants attended classes, socials, special
events and trips producing $527,000 in revenue.
As of January 2003, the Senior Center offered programs and classes on Monday through
Thursday evenings. The evening programs include 12 classes and socials held over four nights.
The Gathering is a new social program where senior members meet for an evening of learning
Persian culture, music, and dance. The program is conducted in Farsi and English.
During the year, the Senior Center offered six citizenship classes. 240 students attended the
program and, from it, 40 students became U.S. citizens. Sixteen different English as a Second
Language (ESL) classes were held at the Senior Center over the fiscal year in which 622 students
participated.
The city sponsored "Safety & Health Fair Day" was held in August 2002. Over 35 vendors from
non-profit health and safety agencies participated. Free health screenings were conducted along
with information on various health and safety topics were provided. For the afternoon session,
four bilingual health lectures were conducted. Over 400 seniors participated in the fair and
seniors said the event was well organized and they obtained useful information.
The Travel Program had 90 days of senior travel this year, up from 79 days last year. Twenty-
two day trips and six extended tours were offered.
Services
The Case Management Program works with frail elders and their families to reduce risk of
illness, death, or institutionalization by linking them with the services they need. By April 30,
2003, the Case Manager had met and exceeded client numbers and client contact hours required
by the $19,750 grant from the Council on Aging, Silicon Valley.
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The Case Manager offered two multi-session workshops for the Senior Center membership in the
past fiscal year: Writing an Ethical Will and Planning Ahead. In addition, she presented two
informational sessions to the membership: Long Term Care Insurance and Controlling Nursing
Home Costs. The Case Manager also expanded drop-in office hours to two mornings per week.
There is Chinese translation and interpretation available every Tuesday morning.
Eleven client households continue to benefit from weekly visits by Friendly Visitor volunteers.
At least 10 isolated elders per week receive monitoring phone calls from a Friendly Visitor who
works from the Senior Center.
As of September 2002, the Case Manager began supervising two paid social work interns for the
case management program. Each intern brought an additional language to the Senior Center
staff: Chinese and Vietnamese. In addition to assisting with the case management clients, they
also covered and assisted with translation and interpretation during open office hours and
housing consultations, and provided almost weekly outreach about services to other community
agencies serving Cupertino seniors such as the West Valley Nutrition Site, Cupertino
Community Services, and the Cupertino Senior Day Program.
Volunteers
The Senior Center greatly benefited from having 235 Senior Center member volunteers. The
different assignments for volunteers are front desk, translation and interpretation, hosting,
instruction, kitchen crew, performing groups, newsletter, special events, and social services.
There were over 18,000 volunteer hours logged this year, 2,000 more than last year.
A new Emergency Box Program started this year for students looking for community service
hours. Volunteer students are responsible for filling a box of emergency supplies for seniors in
the community and the case manager distributes the boxes to home bound seniors.
The volunteer translation and interpretation capabilities have expanded. The Senior Center can
now provide volunteer translators and interpreters for many guest speaker presentations and
services. In September 2002, the center began offering basic computer classes with volunteer
interpreters.
Facility Use
The Senior Center had 64 rental contracts that generated $26,825 in revenue. Additionally, the
City of Cupertino used the Senior Center 16 times for public meetings this past year.
Youth/Teen Division
Summer Camps
In addition to the six regular camp programs that are offered for youth, ages 4 to 15, a new
science camp, Adventurous Atoms, is being offered at Creekside Park for four one-week
sessions. This class is offered to preschoolers, ages 4 to 5 years. Currently, there are 70 children
enrolled, very high for a first-time program.
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Playgrounds
310 youth registered for the free, drop-in playground program, offered at five playground sites:
Creekside Park, Jollyman Park, Portal Park, Memorial Park, and Monta Vista Recreation Center.
Additional free programs offered to our camp and playground participants include the annual
Country Fair, Almost Anything Goes, Talent Show, and the annual Playground Challenge.
After School Enrichment Program
The After School Enrichment program offered classes in the areas of: art, music, foreign
language, science, karate, and dance. New classes offered included: chess, ceramics,
cheerleading, public speaking, debate, manners, and comedy workshops. The total number of
participants for the year was 1,443. (There were 754 participants in the fall 2002 and 689 in
spring 2003). The total annual revenue generated for the prograna was $221,579.
Teen Programs
Eleven middle school dances were provided this past year serving 3,214 participants. Based on a
Teen Commission recommendation, a high school dance was offered in January and was
attended by 116 high school students. The first-ever Skate Fest was held on October 11, 2002, at
Creekside Park. Approximately 45 teens enjoyed music, pizza, and of course, skate boarding.
The Teen Volunteer program continues to be successful with 40 teen volunteers already signed
up to work in our 2003 summer camp and aquatic programs. This year's volunteers were
integrated into the staff in-service training that was held during the week of June 16. In addition,
volunteers received a two-hour training session that will include policies and procedures.
Preschool Programs
The Parent-Tot program continues to grow with the addition of another class, which now
includes six classes that are all taught at the Portal Park building. This program generated
$49,662 in revenue this year. Based on past evaluations/mcoxnmendations from parents, the
preschool program enjoyed the addition of some new special events: ice cream social, family
barbecue, and a puppet show that was funded by the Fine Arts Commission. In addition, out-of-
town excursions were incorporated into the curriculum, which greatly enhanced the program.
The preschool program generated $205,989 and served over 150 students throughout the school
year.
Sports and Fitness Division
The Sports and Fitness Division includes the operation of the Cupertino Sports Center. This past
year, 8,000 tennis lessons were given to youth and 1,500 to adults. Last year's total lesson
revenue exceeded $761,000.
The Sports Center, including pass holder base of 800, generated over $1 million in revenue last
year.
The Summer Learn to Swim Program provided instruction to 1,650 participants last summer with
revenue of $84,500.
Them were 1,500 participants on 86 teams that played adult softball generating $43,000.
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Blackberry Farm
Blackberry Farm Picnic Grounds
More than 70,000 customers visited the Blackberry Farm Picnic Grounds during another
successful season. Over 500 reservations were taken for groups, companies and family
gatherings. Staff catered 50 events serving 11,174 meals. 102 full-season passes and 1 O-day
passes were purchased with 67% purchased by Cupertino residents. Total revenue from picnic
grounds operations was over $700,000.
Blackberry Farm Golf Course
The Blackberry Farm Golf Course enjoyed a very successful year. The maintenance of the golf
course has continued to improve with many customers expressing satisfaction. The golf course
accommodated 75,000 rounds of golf last year generating over $665,000.
McClellan Ranch Park
The Parks and Recreation Department's naturalist programs at McClellan Ranch were very well
attended. More than 3,000 elementary school children participated in the creek education
program. Nature camp and after school classes attracted over 500 participants. More than 900
visitors attended the Saturday drop-in Nature Museum for family programs, which are free. In
addition, 120 high school students participated in field studies at McClellan Ranch.
Quinlan Community Center/Cultural Division
Quinlan Community Center
There were 359 Quinlan Community Center rentals in the last fiscal year, generating $89,305.50.
The 128 rentals for Memorial Park facilities generated $6,580. Linda Vista Park was rented 66
times, generating $4,350. Twenty-six rentals for Portal Park produced $1,490 in revenue.
Cultural Division
In the last fiscal year, 447 cultural classes were offered for total revenue of $266,449.60. Of the
447 classes offered, 88 were for adults, 26 were for teens, and 333 were for youth. The total
number of participants in cultural classes was 3,441.
Administration
The following planning and analysis was done in addition to day-to-day operations:
Completed the Stevens Creek Trail Feasibility Study, through review by the City Council and
County Board of Supervisors
Completed the CEQA document for Study Area A of the Stevens Creek Trail. The City Council
and the Board of Supervisors also approved it.
Submitted two grant applications for Study Area A funding in partnership with the County of
San Mateo for trail construction. Construction has commenced on Study Area A trails.
Produced design kits for the Stevens Creek Corridor master plan project and distributed 320. 108
visions were received and presented to the City Council/Parks and Recreation Commission on
May 12. The master plan project is ongoing.
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Completed the programming and design for the Cupertino Sports Center remodel project.
Obtained grant funding for the renovation work at Portal and Wilson parks. The renovation
projects are underway.
Parks and Recreation Commission
The following are the accomplishments of the Parks and Recreation Commission:
Completed review of the Stevens Creek Trail Feasibility Study and made recommendations to
the City Council.
Reviewed Memorial Park use policies.
Received a report from the Public Dialogue Consortium on stakeholders' visions for the Stevens
Creek Corridor. Also received a report from Godbe Research on community attitudes regarding
use of the Stevens Creek Corridor parklands. Continues to work with the Steven Creek Corridor
visionaries on refining visions for presentation to the City Council in September.
Took public comment on the relocation of the 4th of July fireworks from De Anza College to
Cupertino High School.
Met with the City Manager on the role of commissions.
Teen Commission
The following are the accomplishments of the Teen Commission:
· The commission collected over 40 barrels of goods for the Canned Food Drive for
Cupertino Community Services.
· Two commissioners participated in city-made commercials promoting the Stevens Creek
Master Plan and the visioning kit. They also submitted two vision kits for Stevens Creek
Corridor Master Plan; the plans incorporated a permanent skate park, focused on
improving appeal to youth, and retained and improved trails.
· The commission held a public forum to gather input and opinions from skaters on the
Mobile Skate Park. Through this forum, it was determined that the skate park should be
parked according to the following schedule: Creekside Park Monday through Thursday
and Valley Church Friday through Sunday.
· The commission developed the annual teen job faire that was scheduled for the Quinlan
Center. Due to the economy, lack of employers, and job openings, the faire was
cancelled.
· With the assistance of the Parks and Recreation Department, the commission planned and
executed the first community dance for high school students at the Quinlan Community
Center. The successful event was publicized in Monta Vista, Homestead, and Cupertino
high schools.
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Other activities included: a ropes course to help current and new commissioners get
acquainted, met with the Fine Arts Commission regarding Teen Art Graras, and met with
the Teen Librarian on the library project.
Public Works Department
The Public Works Department provides services in three program areas involving:
· Engineeringg.' general municipal engineering of infrastructure, traffic engineering and
signal systems operations and maintenance for 55 fully actuated traffic signals,
architecture, and development review;
· Capital Improvements: design and construction of approximately $40 million of capital
projects including the Cupertino Public Library project, the Sports Center Renovation,
the Mary Avenue Pedestrian Footbridge, Four Seasons Plaza, Park renovations and other
like facilities;
· Environmental Management: the management of environmental programs including
the $1.75 million annual solid waste contract, storm water runoff permits and recycling of
waste materials.
Currently there are four managers and 11 staff professionals responsible for this entire program
and its workload.
In addition the Department operates the Municipal Service Center and provides maintenance
services through four Divisions associated with:
· Facilities: the maintenance of all City owned facilities including such major buildings as
City Hall, Library, Quinlan Center, Senior Center, along with the Creekside, Monta Vista
and Wilson Park Rec. Centers and other minor facilities;
· Grounds: all parks and grounds, including Memorial Park and ten neighborhood parks as
well as 52 acres of school playgrounds and related facilities;
· Streets: maintenance of all streets and facilities and equipment in the public right of way
including almost 450 lane miles of public streets, all sidewalks, curbs, gutters, signs and
markings, along with the storm drain system, over 13,000 street trees and approximately
32 acres of median and overpass landscaping;
· General Services: maintenance and installation of over 3,250 street lights, 155 pieces of
motorized or wheeled equipment, 200 power tools, the maintenance of the entire service
center yard are including storage of materials and hazardous waste and material disposal.
There are five managers and 50 field personnel responsible for this major workload and its
demands.
Capital Improvement Program
In implementing the largest and most aggressive capital improvement program ever, the Public
Works staff, working with the other departments and a team of consultants, has successfully
completed design and Phase I of the $24.3 million Civic Center and Library project including the
relocation of the existing Library, the $2.4 million Sports Center Renovation Project, and the $1
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million City Center Park project. All three projects have been successfully bid and construction
contracts have been awarded within the adopted budget and all are under construction on
schedule.
In addition to completing the feasibility study on the $6.8 million Mary Avenue Pedestrian
Footbridge, the Public Works staff has secured funding for design, a consultant contract for the
design of the bridge has been awarded, and work is underway. Staff continues to work with VTA
and Caltrans to ensure full grant funding for the project.
Aggressive management by Public Works staff on the San Tomas Aquino Trail project with the
many other agencies involved has maintained the project schedule and budget such that it was
advertised on time for construction bids in June and the project was completed and opened to the
public in March of 2003.
The following the success of the first Safe Routes to School (SRS) grant project completed in the
Monta Vista-Kennedy-Lincoln school area the staff has successfully pursued and received
approval for a second SRS grant for improvements to sidewalks, pedestrian crossings,
accessibility, loading and unloading areas at Cupertino High.
Maintenance Achievements
The most visible accomplishments by the Service Center continues to be the project for
upgrading and replacing all the City street signs with the newer, larger, more readable and
durable signs at the major street intersections and larger, more attractive signs at regular
intersections. Approximately 30% of the street signs on all city streets have been replaced with
the newer version and it is expected that over the next few years, all major streets will have been
changed over and a few years after that most residential areas will be complete.
Community Development Department
The Community Development Department is responsible for all current and advanced planning
and development related activities of the City. The current planning function reviews all
development applications. The long-range planning function prepares the City's General Plan
and plans for special planning areas such as Heart of the City and Monta Vista. The department
also perfom~s Redevelopment Agency and Economic Development functions and prepares the
City's Community Development Block Grant Program. It also provides inspection and plan
check services for all building permits and issues those permits upon compliance with building
codes and local approvals and ordinances. Department staff provides daily front counter,
telephone and Intemet coverage for direct business questions and general information services.
The Community Development Department also assisted other departments with development
projects including the Library, Community Room and Civic Plaza, the Sports Center, the Bicycle
and Pedestrian Guidelines and environmental review for the trails master plans and the Capital
Improvement Program.
The Department also provides staff support for the City Council and the Planning Commission,
Design Review Committee, Housing Commission, Environmental Review Committee, and
Economic Development Committee.
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Planning Commission
The Planning Commission consists of five residents appointed to four-year terms by the City
Council to hear and make recommendations on all current planning and advanced planning
applications described in the following sections. The five members currently include Chairperson
Angela Chen, Vice-Chairperson Taghi Saadati, and Commissioners Chuck Corr, Marty Miller
and Gilbert Wong.
Current Planning/Development Review
The number of current planning applications increased from 100 last year, to 130 applications
this year. Many of the more complex projects, for example the Town Center/Civic Park and the
Extended Stay Hotel (ESA), have gone through several study sessions or several rounds of
development review. The Planning Division continues to incorporate walk-ability (trails, paths,
public access) into all development projects (e.g. ESA, Town Center and Saron Gardens). The
current planning function also assists with zoning code enforcement for illegal uses or failure to
comply with conditions of approval.
The Planning Division worked on the following complex projects: · Villa Serra (preliminary application)
· Hewlett Packard site on Stevens Creek Boulevard and Finch Avenue (initiated General
Plan Amendment for housing and staff discussed development options with prospective
purchasers of the property)
· Verona Apartments (building plan check and inspection)
· Biltmore Apartments (building plan check and inspection)
· CCS 24 unit affordable project (building plan check and inspection)
· Tm Vigne 56 Townhomes and Commercial/Office building on Blaney Avenue and
Stevens Creek Boulevard (building plan check and inspection)
· Kelly Gordon eight single-family homes on Orion Lane (building plan check and
inspection)
· Town Center/Civic Park
· Astoria 46 Townhomes on Imperial Avenue in Monta Vista
· Campo de Lozano eight Townhomes on Rodrigues Avenue
· YMCA children's playground
· Temporary Library
· Oakmont Square Remodel (Homestead and Blaney)
· Oaks Shopping Center proposal to add residential units to an existing retail center
(preliminary application and study session)
· Forum at Rancho San Antonio, expansion of the assisted living care facility
· De Anza College Expansion, EIR review and comments
· City of Sunnyvale Moffett Park, EIR review and comments
· Capital Improvement Program Environmental Review
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· Bottegas 11,000 square foot commercial development at the Target Shopping Center
(halted pending Crossroads Streetscape Plan)
· Marketplace Shopping Center 38,000 square foot expansion and remodel
· BJ's Restaurant and Brewery replacing the Peppermill Restaurant on De Anza Boulevard
· Saron Gardens demolition of an existing 40 unit apartment and replace with 55 town
house units
· Wolf Camera, add eight condominiums and 1,800 square foot commercial expansion to
an existing commercial building site on South De Anza Boulevard
· Extended Stay America 120-room Hotel to replace the Santa Barbara Grill building
Advanced Planning
The major focus of the Advanced Planning program has been the General Plan Update. The
Planning Division also worked on the other long range planning projects listed below.
· General Plan Update:
· Held several GP study sessions with the City Council and Planning Commission.
· Introduced the GP update to the other commissions
· Completed administrative draft of the plan
· Held community meeting at De Anza College
· Coordinated staff work on the General Plan Task Force appointments
· Working with Santa Clara County on the Monta Vista Annexation
· Crossroads Streetscape Plan draft completed (deferred to General Plan Task Force
discussion)
· Vallco Fashion Park (discussions with prospective purchasers and study session
with the City Council)
· City Center/Civic Center Pedestrian Access Plan (draft being reviewed by Public
Works)
· Enviromnental Assessment for the Mary Avenue Bicycle/Pedestrian Bridge
· Noise Ordinance update
· Randy Lane and Larry Way Zoning Plan (Linwood Acres)
Housing Programs
The Plarming Division focused on several important housing related programs including the
following:
· Implemented the 2002/2003 Community Development Block Grant (CDBG) Program
· Transitioned from an Urban County CDBG Program to an Entitlement CDBG Program
· Adopted the CDBG Citizen Participation Plan
· Participated in a HUD pilot program for preparation of a Consolidated Plan
· Adopted the Consolidated Plan
· Awarded CDBG sub-recipient grants for the 2003/04 program year
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Redevelopment Program
Planning Division staff met with, responded to inquiries from the purchasers of Vallco Fashion
Park, and coordinated a study session with the City Council.
Building Division
The level of activity in the Building Division increased significantly from the prior year.
· Building staff processed and plan checked 1,990 building permit applications compared
to 1,610 in 2001/02 (24% increase).
· The Building Division conducted 17,020 building inspections in 2002/03 compared to
12,650 in 2001/02 (35% increase).
· Building valuation equaled $224,300,000 in FY 02/03 up from 84,400,000 in FY 01/02
(165% increase).
Administrative Services
The Administrative Services Division processes all of the building and planning permits and
staffs the front counter and telephones. In addition to day-to-day activities the Administrative
Services staff worked on the following special projects:
· Development Activity Report
· Building Permit, Inspection and Valuation Statistics
· Assisted with organizing and preparing of materials for the General Plan community
meeting and Task Force meetings
· Prepared 2003/04 budget
· Monitored and implemented the 2002/03 budget expenditures
· Added batch inspection feature to the Building Department Computer tracking system
(Encompass)
· Attended 2-day training seminar for Building Computer system (Pentamation-Encompass
Module)
· Provided Public Information services for Planning and Building Divisions
· Application forms are now on-line for minor building permits (e.g. signs, temporary
power, repipe/sewers/main service, swimming pools, furnace, re-roof and water heater)
Sheriff's Department
The Sheriff's Office is dedicated to preserving public safety by providing innovative and
progressive services in partnership with citizens. The principal mission of the office is to protect
of life and property. This service is provided by contract with the County Sheriff.
The Sheriff's Office Euro helicopter was delivered in September of 2002 and was in service by
February of 2003. The helicopter is assisting with patrol functions, search and rescue, traffic
monitoring, and other areas as needed.
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Criminal Activity
In fiscal year 2002-2003, Cupertino experienced a 15% increase in crimes against persons
(homicide, rape, assault, and robbery) compared to the same period last year. The national trend
for crimes against persons is an increase of 4.7%. This 15% increase reflects 13 additional
events. Some of the 13 events included: the death of a woman on June 25, 2003, investigated as a
homicide on Kingsbury Court with a suspect in-custody, and eight related sexual assaults over a
course of several months with a suspect arrested on June 6, 2003. Property crimes (burglary,
theft, and auto theft) showed an increase of two-tenths of one percent. The majority of the
increase in property crimes was auto thefts, with a 14% increase. There was an increase of five
reported auto thefts from the previous fiscal year. The national trend is an increase of
approximately 8% for property crimes. In response to these trends, we have conducted patrol
checks, undercover and special surveillance operations, initiated special news alerts, and
explored the expanding of the eCap system to Cupertino merchants. During this fiscal year,
patrol deputies and West Valley detectives have arrested over 63 subjects on follow-up
investigations, who were associated with felony property crimes in the West Valley area. The
Office has a "Cold Case Detective" following up on "serious" crimes against persons. This
detective submitted DNA evidence to the National Database for a 1995 rape ora 14-year-old girl
at a Cupertino park restroom. The DNA was matched to a sexual registrant living in Phoenix,
Arizona. He committed suicide and the case was closed.
Percent
Person Crimes 01-02 02-03 Change Difference
Homicide 0 1 + 1 + 100%
Rape 4 4 N/C N/C
Assault 66 73 +7 +11%
Robbery 1._~5 2._.q0 +._~5 +33%
TOTALS 85 98 +13 +15%
Percent
Property Crimes 01-02 02-03 Change Difference
Burglary 516 493 (-23) (-4%)
Theft 625 645 +20 +3%
Auto Theft 3___6 4__[1 +._~5 + 14%
TOTALS 1177 1179 +2 +.2%
Traffic
In fiscal year 2002-2003, there were 798 traffic accidents, a decrease of 243 from the previous
year. There were two fatal accidents during the year, and injury accidents increased by 14%.
There was a decrease in bicycle accidents by 60% and an increase in pedestrian accidents by
100%. The two fatal traffic accidents were at Stevens Creek at Camino Vista, and Rodrigues at
Torre.
Percent
Traffic Collisions 01-02 02-03 Change Difference
Faml 1 2 +1 +100%
I~ury 160 183 +23 +14%
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Property Damage 880 613 (-267) (-30%)
TOTALS 1041 798 (-243) (-23%)
Pedestrian Involved Accident 0 4 +4 +100%
Bicycle Involved Accident 5 2 (-3) (-6(}%)
TOTALS 5 6 I +20%
Percent
Traffic Citations Issued 01-02 02-03 Change Difference
Moving Citations 3600 3560 (-40) (-1%)
Non-moving Citations 2789 1863 (-926) (-33%)
Courtesy Citations 3375 2995 (-3801 (-11%)
TOTALS 9764 8418 (-1346) (-14%)
Response Times
The Sheriff's Office responded to 13,871 calls for service during the year. This was an increase
of 808 calls for service from the previous fiscal year. The following chart shows response times
for the year compared to last year. Response times start when County Communications receives
the call and obtains the purpose for the call. The information is relayed to a field deputy. The
time stops when the deputy arrives at the scene. We continue to strive to meet our goal of five
minutes for Priority 1, nine minutes for Priority 2, and twenty minutes for Priority 3 calls.
Response Times 01-02 # of Calls 02-03 # of Calls
Priority 1 5.93 92 5.21 111
Priority 2 9.34 6966 9.57 7526
Priority 3 19.36 6005 19.33 6234
Overall 11.54 13,063 11.37 13,871
Other Activities
In September 2002, deputies assisted Central Fire with a major gas leak at De Anza Blvd. and
Stevens Creek Blvd. Deputies evacuated several buildings and conducted traffic control in the
area. On May 7, 2003, deputies assisted Central Fire with a gas explosion, which destroyed a
home on Imperial Avenue. Deputies secured the scene for County Fire and conducted traffic
control, as did one of our CERT graduates who was the owner of the destroyed house.
Cupertino Motorcycle Deputies S. Evans and B. Davis placed second overall in the 2003 Annual
Pacific Grove Police Motorcycle Competition.
The City of Cupertino recognized Deputies D. Aulman, J. Post, and L. Valdez for locating and
saving the life of an elderly woman who became disoriented and fell into Regnart Creek below
the roadway on Bubb Road.
Department Improvements/Programs
In fiscal year 2002-03, the City of Cupertino and The Sheriff's Office hosted the Second Child
Safety Fair in cooperation with the office of Santa Clara County Board of Supervisor Liz Kniss,
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Vallco Shopping Center, the De Anza Kiwanis Club, Cupertino Rotary, and numerous other
public and volunteer organizations. Several bicycle helmets were given away, and numerous
gunlocks were distributed.
During the last twelve months, the Neighborhood Watch program in Cupertino saw its highest
rise in participation since it's inception in 1986. The jump in participation has brought the total
number of active Watch groups in the City to 37. Those groups are comprised of 762 residents
representing 135 residential streets. Likewise, the Email Community Alert Program (eCAP) has
grown to over 1,500 subscribers. Through this program detectives developed numerous tips and
leads from citizens for crimes occurring in Cupertino. This year, an arrest was made on a suspect
wanted for annoying children at a local park when an eCAP subscriber alerted us to his
whereabouts.
On June 23, 2003, the Sheriff's Office and the City of Cupertino hosted a "Merchant Watch"
crime prevention seminar at the Quinlan Community Center, in the Cupertino Room. The
Cupertino Chamber of Commerce and the Sheriff's Office mailed approximately 1,400 flyers to
business owners/merchants in the City of Cupertino. The seminar offered prevention tips for
fraud, burglaries/thefts, and the investigation process. There was an introduction to the new
Merchant Email Alert Program concept.
School Resource Officers continued their involvement in youth programs aimed at education,
prevention and intervention. The School Resource Officers organized and participated in the
Youth Court Program, Teen Academy, Cupertino Teen Forums, Sheriff's Summer Camp, De-
Anza College APALI 03 Class, numerous "Stranger Danger," and youth violence prevention
seminars. School Resource Officers also worked closely with school officials in offering
assistance, guidance, and intervention.
The Sheriff's Office Community Services Division hosted D.A.R.E. Programs, in cooperation
with the Cupertino Union School District and some private schools. 625 students in nine schools
in the City of Cupertino participated in this program. Students were provided with information
and tools to help prevent alcohol and drug use, violence, gangs, and build students' self esteem.
School Resource Officers
In cooperation with the high school and elementary school districts and sheriffs office,
Cupertino contracts for a sheriff's presence in our schools. This presence provides real-time
intervention in potential and developing problems and prevents them from happening or lessons
their impacts. The school resource officer also provides a role model for young people and an
approachable representative of law enforcement to help with the real problems our young people
face everyday.
During this past year, our collaboration provided two school resource officers. They provided
immeasurable support through their dedication to our youth and their ability to prevent problems
and provide an alternative to the criminal justice system when problems occurred. The school
resource officers meet with teachers, administrators and students to discuss issues and concerns
in the schools. They also work with students to solve personal problems. They also meet with
parents groups and parents individually.
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Last year they conducted the Cupertino youth court, held at the Los Gatos municipal court
facility. This program allows actual diversion by having defendants judged by a court of their
peers. They held to training sessions in which 75 new students were educated on our court
procedures and their responsibilities as prosecutors, defense attorneys, and injury members. The
youth court handled 15 cases last year.
In the middle schools, they conducted a social concerns and awareness program to at-risk
students entering high school the next year. This program helped middle school students
understand what behavior is acceptable and provides strategies for success during their high
school years. In addition, they conducted presentations on the problem of bullying with the entire
student population at Kennedy middle school, approximately 1400 students.
Other activities included monthly meetings with other Westside police agencies, probation, and
school officials and participation in the Student Wellness Committee (formerly known as
D.A.T.E. -Drug, alcohol and tobacco Education Advisory Committee), the annual "Cops and
Teens" program sponsored by the City of Cupertino and PDC (Public Dialogue Consortium), the
countywide Truancy Abatement Collaborative, and the "Safe Kids" Firearms Safety
subcommittee. The "SafeKids' Firearms Safety subcommittee participated in four major safety
events where we handed out free gunlocks to interested citizens. Our officers conducted
presentations to the Cupertino Quota Club, the Republican Women's Association, and the
parents of the Abundant Life Church in Cupertino. They also conducted presentations to several
local parent groups on trends that law enforcement is seeing in the community involving children
teens. SROs participated in the second annual Cupertino Safety Fair, as well as the annual
holiday shopping trip for needy students sponsored by the Rotary and Quota clubs.
They also participated in the S.A.V.E. (Safe Alternatives and Violence Education) program by
assisting with the facilitation and teaching. The class includes students throughout the County
who have been in trouble for possessing weapons, making threats, or who have been involved in
other forms of violence on or near school campuses. Them have been numerous students form
Cupertino referred to the program. The S.A.V.E. class is held every Saturday and participation
involved approximately one Saturday a month. SROs also assisted the Community Services Unit
with the annual Sheriff's Office camp held at Vasona Park. This year we accommodated
approximately 150 students.
Public Information Office
Continuing to build on the effort begun in the spring of 2001, Public information staff has been
implementing a strategic reassessment of city communications. Priority projects have focused on
greater capacity and coordination of communications so that the City will be better able to
communicate with, and to serve, the public. Enhanced coordination, higher standards and more
effective and targeted means of communication with city residents will continue to be a high
priority.
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Communications Audit Committee
The PlO convened and chairs the Communications Audit Committee (CAC), an
employee committee working to implement the recommendations of last year's
communications audit. Accomplishments to date include, recommending and
implementing a customer management system (AccessCupertino), distribution of
resource guide to all departments and creating designated display areas in city facilities.
AccessCupertino
Community congresses, surveys and staff have been unanimous in identifying
communications between city departments and the public as a priority. To address this
need, the CAC has evaluated and recommended a customer management system.
Branded locally as AccessCupertino, the PIO has conducted and coordinated staff
trainings and is managing the product rollout. AccessCupertino has been implemented for
staff use in July and will be available to the public this September.
Community Communications Survey
A survey specifically designed to assess the City's communication practices was mailed
to 600 random city residents. We received an outstanding response rate of nearly thirty
percent. Responses confirmed previous findings that the single most important source of
information about city services was the Cupertino Scene. The communications link
identified most consistently as needing improvement was the website.
Community Meeting Hall
Public information staff has played a significant role in the design of the audio/visual systems in
the new community meeting hall. At the same time as a thirty percent staff reduction at the City
Channel, staff has spent hundreds of hours working on re-engineering and redesign of the
Community Meeting Hall and city channel control room. The in-house expertise and design
work done by City Channel staff last year has save the project tens of thousands of dollars.
Webcasting
Working toward better integration and coordination of city communication resources,
City Channel staff implemented web-streaming January of last year. This service
continues to grow in popularity. During, or immediately following council meetings, as
many as 18 people may be viewing at any one time. 100 hits have been registered in a
single day. Use of webcasting continues to expand as an important research and
documentation resource for the public, media and city staff.
Cupertino Scene
Multiple surveys confirm that this publication remains the single most important source
of city information for the community. A new printing agreement has enabled us to print
8 of the Scene's 16 pages in four-color process for the same cost to the City as had been
spent for two-colors in 1998.
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30 2.5
Public Access
With no service reduction to resident producers, the City has negotiated an agreement to
provide public access services to Cupertino through KMVT. A savings of $57 thousand
will be realized annually.
Telecommunications Commission
The telecommunications Commission has been working closely with the Planning Commission
and Planning Department staff regarding the Wireless Services Master Plan. In spite of the recent
economic slow down, all indications are that pressure will increase to place more antennas closer
to residential neighborhoods. The draft Wireless Services Master Plan places the City ahead of
the legal and regulatory
Library
The Cupertino Library is a member of the Santa Clara County (SCC) Library system. The City
supplements the system's budget by $213,000 for 10 additional hours of operation. From July 1,
2002 through June 30, 2003, the Cupertino Library checked out 1,737,447 items to the
community, an average of 601 items per hour. There were 417,224 visits to the library during
that same time. This year, the library was closed for almost one and one-half months while staff
moved to a new temporary facility about one-third the size. Even with this situation, circulation
remained close to the prior year average of 624 items checked out per hour. During fiscal year
2002/03, library staff encouraged patrons to utilize the four automated check out machines. As a
result, annual check out rose from 227,278 items in the prior fiscal year to 412,000 this year, or
approximately 24% of the items checked through the system. This rate is the highest automated
checkout volume of any County library.
Library Commission
The Library Commission participated in an exchange program of books with our friendship city
Hsin Chu, Taiwan, this year. The Commission recently sponsored a very successful book review
of a popular Chinese author, and formed sub-committees that made recommendations on the
relocation to a temporary site, adequacy of parking, and items of importance for the new library
building.
Administrative Services Department
The Administrative Services Department is comprised of eight divisions including Finance,
Information Technology, Human Resources, City Clerk, Code Enforcement, Commnnity
Outreach (Emergency Preparedness, Leadership Cupertino and Tomorrow's Leaders Today),
Economic Development and Treasury.
Finance
The Finance Division provides accurate and timely maintenance of all City financial records,
collection, disbursement of all monies and payroll processing. It prepares all required Federal,
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State and other agency reports, prepares the budget and audit reports, and monitors the budget
activities for both operational and capital budgets. Business licenses are also processed out of
this section. Specific accomplishments this year include:
· Implemented budget cuts for the 2002/03 and 2003/04 fiscal years, while substantially
maintaining current service levels.
· Proposed and implemented the refinancing and additional debt issuance of all City debt
obligations which resulted in an annual debt service savings of $700,000 per year and the
ability to finance our five-year capital improvement program.
· Provided financial and trend information for the official statement and other disclosures
required for the 2002 debt refinancing and bond rating; coordinated appraisal contract for
bonded properties; worked with escrow agent on payoff of refunded issues and
development of new project construction fund; and established account with LAIF to
hold trustee bond proceeds.
· Finalized the City financing/debt issuance for the CCS affordable housing project and
monitored compliance for city funding to completion of project.
· Prepared financial systems to allow for implementation of GASB 34 for the 2002-03
annual financial reports in collaboration with the City's external auditor and the cities of
Campbell and Los Gatos. This included examination and appropriate modifications of our
accounting structure, revamping reporting schedules, and providing an inventory and
classification methodology for infrastructure reporting
· Worked with Public Works Department asset managers for each infrastructure category
that must be reported in the annual financial statements under GASB 34, to develop a
framework for the inventory and valuation of these assets at June 30, 2003.
· Obtained GFOA's Award of Excellence for the City's budget and annual financial
repons.
· Assisted in the development of on-line business forms and processes and incorporated
on-line Business License submittals and payments with on-site processing and issuance.
· Implemented on-line payments for retirement and healthcare benefit payments to
CalPERS.
· Implemented and proposed new revenue sources to augment the budget in the areas of
business licenses, miscellaneous services and oversized vehicle permit fees.
· Analyzed our existing SVACA animal control contract and recommended cost cutting
measures in the areas of operating and capital shelter costs. Currently soliciting Requests
for Proposals to ensure a cost/beneficial animal contract for fiscal year 2004/05 and
beyond.
· Provided bi-monthly financial update reports to the City Council.
· Implemented the Version 3.1 update for the Pentamation Fund Accounting System
including parallel testing of the new system in the areas of payroll and accounts payable.
· Drafted guidelines for purchasing approvals needed in the City, and developed final
matrix for departmental use.
· Assisted departments through a difficult budget year by providing both revenue and
expenditure projections via account and trend analyses.
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3 -zf
· Processed over 8,000 accounts payable checks, 1,000 purchase order requests, and 7500
paychecks; prepared 3,700 business license renewals and processed over 750 new
business license applications; approximately 700 false alarm invoices.
· Negotiated the 2003/04 Youth Probation Officer contract.
· Procured alternate-year contract for actuarial services for Worker's Compensation
liabilities and reserves review.
· Drafted RFP for the City's first actuarial analysis of the City's retiree medical benefit,
required for the future accrual and reporting of post-employment costs.
· Provided pre-award audit for design consultant for Mary Avenue Bicycle Footbridge,
required by Caltrans for federally funded projects.
· Provided staff support for the audit committee.
· Provided staff training on COGNOS - Pentamation's report writer program.
· Advanced cross-training efforts amongst accounting personnel.
Information Technology
This division provides and manages citywide information technology. The IT Manager and her
staff implement the City's Technology Master Plan, assist in training staff and troubleshoot
information systems including the web site, Finance and Building systems, the Records
Management system, Recreation Reservation systems, GIS data, Code Enfomement databases
and the specific departmental MS Access databases. The focus of this year's projects was to
streamline processes for both residents and employees of the City of Cupertino. With a more
robust and restructured backbone to the City's computer network, we are able to offer faster
assistance to customers and finish projects more efficiently. Extending our network outside of
City Hall allows staff to view email and even work from home.
Specific accomplishments this year included:
· Implemented Phase I of the E-government project, which expanded accessibility to city
residents via the web even after hours, and completed the planning for Phase II including
creation of the RFP, vendor meetings and department need assessments.
· Planned, trained on and implemented the new Windows 2000 operating system.
· Managed DSL setup and implementation for the City Hall Library Project, Monta Vista
Recreation Center and dial up at the Sports Center.
· Upgraded/added from 8 to 20 servers to our network including additional power
protection for all major equipment.
· Upgraded the Finance, Code Enforcement, Laserfiche and Weblink software packages.
· Evaluated new systems for permitting and inspections and for Blackberry Farm
reservations.
· Installed SPAM e-mail filtering, upgraded the network security systems, upgraded the
checkpoint firewall system, and identified and installed new antivirus programs for server
and desktop deployment.
· Identified and implemented network analysis tools including Fluke's OPV, Track It and
WebEx.
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· Designed and built an Information Technology Lab.
Installed network lines for the Sheriff's Department, Library Trailer, Sports Center
Trailer and other department relocations.
· Performed updates to our website on an ongoing basis and provided website training to
Park & Recreation, City Channel and Planning staff.
· Updated the GIS base map with over eight additional information layers in conjunction
with the GIS Master Plan.
· Continued enhancement of the MapGuide Project to provide easy access to maps and
reports.
· Deployed ArcView 8.2 software upgrades and provided training and support for all
ArcView and Mapguide users.
· Continued to implement the GIS system with FEMA map updates, zoning maps, and
annexation maps. Performed troubleshooting, installation and maintenance for 150 city
employees including upgrades to software applications and hardware drivers and 20
networked servers.
· Maintained contractual agreements with over two-dozen hardware/software vendors.
· Participated in the Countywide GIS Partnership project.
Human Resources
Human Resources is responsible for the administration of a full range of personnel and risk
management services. The scope of human resource functions includes employee relations,
recruitment and selection, classification, compensation, labor negotiations, training and
organizational development, employee benefits, retirement, workers compensation, insurance
administration and safety. Although recruitments were cut back as a result of a city-wide hiring
freeze this year, the division focused a great deal of attention on employee performance and
acceptable job standards. Special accomplishments are described below:
· Negotiated the 2003/04 employment contract with the City Employees Association.
Conducted county-wide salary and benefit surveys for 19 classifications; prepared new
and amended contract language; amended the Personnel Code, Administrative Procedures
and the Unrepresented Employees Compensation Program; and executed MOUs.
· Established an Administrative Procedure on recruitment sources to provide a broad
spectrum of notification including public service announcements, job announcements,
advertising, and utilization of employment websites, minority recruitment publications,
local colleges and universities and neighboring cities and counties.
· Reorganized Human Resources identifying a contact for each department. Provided cross
training for staff, better coverage during staff vacations and absences, & greater service
continuity.
· Prepared and executed an Agency Shop agreement with Operative Engineers, Local #3
(OE3). Met with OE3 and State Mediations Services for coordination of agency shop
petition and election. Implemented procedures for agency fee/fair share deductions.
· Conducted recruitments for full-time management, professional, clerical & maintenance
positions. Filled 58 part-time positions.
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30 .t9
· Chief Negotiator for labor management committees and Municipal Employee Relations
Officer resolving grievances, conducting investigations, and providing consultation on
progressive discipline.
· Negotiated lower long-term disability and life insurance premiums for the same level of
coverage.
· Negotiated new dental insurance rates within 1% of the existing premium costs.
· Implemented first stage compliance measures for the new Health Insurance Portability
and Accountability Act (HIPAA) including staff training, agency compliance
requirements and deadlines, HIPAA business associate agreements and privacy notices.
· Renegotiated and updated general liability, property, errors and omissions and earthquake
insurance policies.
· Received and analyzed quotes from medical insurance brokers for comparison with
existing CalPERS medical insurance options.
· Developed job selection instruments, administered qualifications appraisal boards and
written exams, and established eligible lists. Conducted new employee orientation and
exit interviews.
· Prepared quarterly reporting of new hires and tracked temporary employee hours.
· Established three new job classifications conducting job analysis, establishing minimum
qualifications, preparing class specifications, and making salary recommendations.
· Coordinated 19 BEST training classes and hosted two of five annual Bay Area
Consortium training events.
· Automated and streamlined OSHA reporting.
· Administered workers' compensation program including ergonomic evaluations for
employee workstations.
· Implemented major enhancements to deferred compensation programs and updated plan
documents pursuant to IRS Code amendments.
· Staged an employee wellness and benefits fair.
· Processed 21 liability claims and established a monitoring system to ensure timely
responses.
· Appointed to the Association of Bay Area Governments Plan Board of Directors,
Executive Committee.
· Staff liaison to the Safety Committee.
· Developed written procedure and provided staff training on systems salary
administration.
· Scheduled and monitored results of fingerprinted criminal history records checks, pre-
employment medical evaluations, and TB testing.
City Clerk
The City Clerk prepares the Council agenda and minutes, keeps an accurate record of all City
Council proceedings, maintains official copies of all city ordinances, administers oaths to City
officials, and is the custodian of the City seal. The Clerk's office also administers the local
elections and Fair Political Practices Commission filings. Weekly duties include preparation,
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distribution and posting of a variety of agendas and minutes, scanning City Council and Planning
Commission packets into an automated system which makes them available to the public on the
Internet, writing and submitting legal ads, and processing Council action items including
resolutions, ordinances, correspondence, maps, etc. The Clerk's Office also responds to records
requests, answers telephones for the Office and for City Hall reception, processes and distributes
in-house and postal mail, and provides much of the City's photocopying services. The City Clerk
staffs the Fine Arts Commission. In this fiscal year, the following tasks were completed:
· Participated in the Communications Audit Committee working on customer
communications, including and document preparation associated with a Customer
Response Tracking System to be implemented in 2003-2004.
· Processed City Council agendas, packets, and minutes for 37 meetings totaling over 129
hours
· Processed 180 legal ads, 140 resolutions, 24 ordinances, 23 claims, 7 annexations, and 6
appeals.
· Received and responded to (or forwarded to the appropriate department) approximately
40-50 e-mails per day from the City web site.
· Issued RFP and selected vendor to recodify the municipal code
· Researched, tested, and installed two replacement copiers for the City Clerk's Office
· Scanned into the Laserfiche Records Management program the packets and exhibits for
37 Council meetings and 18 Planning Commission meetings, as well as continuing to
scan in current and prior year resolutions, ordinances, and minutes of other commissions.
The Laserfiche database now contains 1804 documents totaling 37,192 pages that are
available to the public online.
· Arranged for microfilming of 1,535 files and permanent destruction of 86 files.
· Updated the candidate's handbook and the elections information page on the City's Web
site in preparation for November 2003 Council elections.
· Collected and reviewed statements of economic interest and campaign disclosure
statements required by the Fair Political Practices Commission.
· Recruited for all board and commission vacancies in January as well as four unscheduled
vacancy recruitments. There were 26 appointments made.
· Participated in regularly scheduled meetings totaling about 160 hours.
· Responded to miscellaneous record requests by the public and other agencies
approximately two to four times per week.
· Participated in an Emergency Operations Center tabletop exemise, received specialized
training related to City Clerk responsibilities and specific computer training in
PowerPoint and Excel software.
Fine Arts Commission
The Fine Arts Commission is composed of seven members who meet the second Tuesday at 7:30
p.m. at City Hall. This year's accomplishments included:
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· Received nominations and awarded the Distinguished Artist of the Year 2002 to ceramic
artist Mahoko Dahte.
· Sponsored a student art exhibition at the Cupertino Cherry Blossom Festival. The theme
was "Stevens Creek, Naturally", and featured 2- and 3-dimensional art representing the
indigenous plant, animal, and insect life of the creek.
· Distributed fine arts grants totaling $16,500 to a variety of artists and groups.
· Developed and promoted a new teen art grant program.
· Created informational brochures and flyers about art and recreation opportunities in 2003,
for distribution at an April 5 flea market event and the Cupertino Art and Wine festival.
· Continue to follow the progress of sculptor Roger Berry, who has been commissioned to
create a sculpture for the City Center Park.
· Amended criteria and contracts for selecting and placing public art, which culminated in
the loan of the sculpture "Torque" at the Quinlan Community Center.
· Submitted a request for a "1 Percent for Art" policy to be included in the General Plan as
a means to create a funding source for future permanent acquisitions.
· Participated in the screening of films for the annual Cinema at Sundown, a series of
multicultural movies shown outdoors in Memorial Park.
Code Enforcement
This division enforces the municipal code, including parking enfomement, abandoned vehicles,
health and safety violations and neighbor disputes. Staff also assists the Sheriff's Department by
responding to non-emergency calls in lieu of sworn law enforcement personnel improving
service and saving money. Specific accomplishments this year included:
· Expanded Division hours to increase customer service, cover specific athletic field use,
and monitor neighborhood concerns.
· Established Division office hours to provide increased customer service for walk-in
customers.
· Proposed the reconfiguration of the Sheriff, Code Enforcement and Disaster Preparedness
staff areas resulting in facility upgrades and enhanced customer service opportunities.
· Responded to 899 law enfomement calls for service totaling 1057.5 hours; a savings to
the City's law enforcement contract of $109,950 this year.
· Investigated and obtained compliance of 1192 code violation cases.
· Implemented an automated parking citation program for increased efficiency in parking
enforcement.
· Marked 130 abandoned vehicles, receiving reimbursement revenue from state AVASA
funds totaling $13,881 (represents 2 of 4 quarter receipts to date).
· Issued 3,127 parking citations totaling $100,754.
· Increased the bail schedule for municipal code violations and for parking violations.
· Provided increased street cleaning parking enforcement.
· Updated and amended the graffiti ordinance for increased cost recovery.
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· Updated and amended the massage ordinance to address changing needs within the
massage profession.
· Streamlined the process for issuing taxi permits.
· Continued City participation is the State of California AVASA program, which provides
state reimbursement for the removal of abandoned vehicles.
· Educated the Leadership Cupertino and Tomorrow's Leader's Today (TLT) participants
on Code Enforcement functions.
Public
Safet~ Commission
· Assisted the Public Safety Commission in identifying goals and objectives for the
2003/04 fiscal year. Facilitated and prepared a work plan for the commission to ensure
completion of those goals.
· Identified seven storage containers (8' x 20') at below-market prices to be used for Arks
housing emergency supplies throughout the City.
· Enrolled 20% of the commissioners in the CERT program to enhance their understanding
of the emergency response training course.
Emergency Preparedness
The mission of the division is to facilitate disaster readiness/preparedness of residents,
employees, government, businesses, special districts and agencies within the City of Cupertino.
This is done through public education, training, exercises and information exchange. Specific
accomplishments this year include:
· Expanded the Citizens Emergency Response Training (CERT) Program from four to five
classes, training approximately 35 citizens per class. The city now has 500 residents
trained in CERT.
· Implemented the Disaster Council / Citizen Corps Council concept which will enable all
community members who will be part of a disaster response to participate in the
emergency planning process.
· Conducted three Kaleidoscope Public Safety Camps for grades 6-12. To date, 150
students have completed the program.
· Facilitated the organization of two new neighborhood CERT teams, bringing the total to
ten.
· Organized and implemented the Regional CERT concept whereby graduates assemble at
local elementary schools and organize to help the surrounding area.
· Supported and participated in numerous neighborhood and school disaster drills.
· Purchased five emergency storage cargo containers for community disaster supplies.
· Continued facilitating monthly Cupertino Unified School District and Fremont Unified
School District emergency preparedness meetings to heighten disaster preparedness
efforts at our schools by coordinating parents, teachers and school administrators to
proactively discuss and implement emergency plans, disaster drills, etc. Provided disaster
training to the staff of two schools.
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· Participated in School Outreach Career Days for the three career days offered to our
elementary/middle school students.
· Provided a volunteer first aid station and communications for Cupertino Unity Parade
that involved CERT graduates and CARES communicators.
· Marketed Disaster Preparedness by meeting with management from the Vallco Regional
Mall, Apple Computer, Sunnyview Convalescent, Symantec and churches and discussed
their internal plans. Offered employee training through existing CERT program.
· Partnered with Vallco Mall and Apple Computer to hold CERT, CPR and First Aid
classes, that were open to the public as well as their own employees.
· Conducted 5 first aid and 5 CPR classes, training over 200 citizens.
· Provided on-site fire extinguisher service to Cupertino residents to encourage
preparedness and make it easier for them to have extinguishers serviced.
· Provided Disaster Preparedness Community Outreach through public presentations on a
regular basis for our community festivals, Health and Safety fairs and block parties.
· Provided Disaster Preparedness information brochures, throughout the community, to
keep this important subject matter in view at public buildings such as the library, city
hall, senior center and community center.
· Published Monthly Tips through articles on preparedness to our citizens via the City's
monthly newsletter, the Scene, and our website.
· Provided support for the Cupertino Amateur Radio Emergency System (CARES) group
by participating in monthly meetings and emergency drills. In addition, she has assisted
in upgrading their mobile receiver unit and computers.
· Conducted two BEST new employee orientation trainings in SEMS/Emergency
Preparedness, fire safety, terrorism, earthquake preparedness, CPR and First Aid.
· Informed administration and our Public Safety Commission on current events in the areas
of Disaster Preparedness.
· Conducted one EOC terrorism functional exercise involving City Staff and community
volunteers.
· Coordinated a full-scale decontamination exercise with County Fire, twenty student
volunteers, Nova Care Clinic and CARES to improve communication and coordination
between groups.
· Acted as Vice-President to the Santa Clara County Emergency Managers Association and
Secretary to the California Emergency Services Association and Bay Area Neighborhood
Emergency Teams.
Cupertino Amateur Radio Emergency Services (CARES)
During 2002, CARES ran weekly nets, held its monthly training meetings, coordinated
communications drills, and participated in community events.
With the tragedy of September 11 still fresh, CARES started the year with a sense of anxiety that
prompted a hard look at our response readiness.
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CARES entered 2002 with three objectives: focus on response effectiveness, address training
qualifications, and further explore community service opportunities. Here is how we did.
Response Effectiveness: CARES operationalized several procedures, methods, and other
information into Version 3.0 of the Cupertino ARES Standard Operating Procedures (SOP). New
topics included Emergency Net Logistics, a standard frequency channel line-up, adoption of the
Anderson PowerPole power connector, and finalizing specific operational management forms.
CARES also completed defining and incorporating a set of checklists into the SOP. These
checklists cover tasks and operations not regularly performed, but would need to be executed
quickly and effectively when required.
Training Qualifications: CARES developed its Training and Certification Program This program
describes how CARES will conduct the training operations required to build member skill
proficiency required to support our mission. With its first re-release in September 2002, the
initial focus of this program was on the Field Responder Certification for all interested members.
Other positions that require certification include Net Control Station Operator, EOC Radio Room
Operator, and Emergency Shift Supervisor.
Community Service: CARES participated in the 2002 ARRL Field Day and the Cupertino Art &
Wine Festival, with both venues featuring staffed infom I ation booths. Additionally, CARES
teamed up with Cupertino CERT (Community Emergency Readiness Training) volunteers during
the City's Oktoberfest Event to provide functional communications support for CERT's First Aid
mission. Because of a very positive experience from that partnership, we hope to repeat this
model in future events.
CARES membership was up 8% year over last year and we retired seven members from the
roster while adding 13 new members. Cupertino's CERT program continues to be a good source
of members who learn the value of communications needed to support their neighborhood.
Several of these new members are also affiliated with the Monta Vista High School Emergency
Response Team (MVERT). With support from Cupertino's Office of Emergency Services (OES),
these enthusiastic new members are working with their school to build awareness of emergency
preparedness and help support the school in the event of a disaster.
CARES members logged 1065 hours of volunteer hours. While this was 15% fewer hours than
last year, it tracked closely to 13% fewer events (an event is: checking into a radio net, attending
a meeting, responding to a drill, activation, or community event, or supporting an organized
neighborhood).
It is also worth noting that the 2002 volunteer hours were only 1% off the 2000 level, thereby
further attributing the 2001 spike to membership commitment and willingness to serve during the
events of 9/11.
Training activities continued to re-enforce the fundamental knowledge and skills that all
members are required to have for any emergency response, regardless of the cause.
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Training: To understand hazards that could naturally or accidentally occur in Cupertino, CARES
hosted presentations from the Union Pacific Railroad and the California Department of Forestry.
Presentations Orientation Training Sessions in 2002 were also made on Message Handling,
Operating in an Open Net, radio checks, and operating procedures. Additionally, we began to
look at man-made and technological disasters. CARES members heard from the Disaster
Medical Assistance Team (DMAT) CA-6 stationed in the San Francisco Bay Area. This was an
excellent presentation on how DMAT uses amateur radio and prepares for an urban disaster
response. We also received an introduction to the types of terrorist threats that potentially we
could encounter.
Drills: In 2002, CARES was re-aligned under the Planning/Intelligence Section ol~the City of
Cupertino's Standardized Emergency Management System (SEMS) organization structure.
Instead of acting as a logistical support service (when previously aligned to the Logistics
Section), CARES has been assigned a roll in Information Gathering. To this end, we continued to
refine and practice our Preliminary Damage Assessment procedures, thereby acknowledging that
we are potentially the first source of citywide status and information in the event of a wide-area
disaster.
CARES also participated in several City and County drills, including the City's Decontamination
Drill. This drill allowed the Santa Clara County Fire Department to practice their Decon
procedures on simulated casualties. These casualties were then triaged and processed at the City's
local Medical Center.
CARES completed and signed a Memorandum of Understanding with the Cupertino Sanitary
District (CUSD). Because of new, strict California standards for accidental discharge, CUSD
sees the partnership with CARES as valuable and a key resource during an emergency. While
still being refined, its role would be to provide additional communications and observer support
at critical CUSD facilities.
With preparedness being the primary operational state in which it operates, CARES will continue
to maintain a high level of preparedness on the part of its members through orientation sessions
and drills that align with its mission.
Community Outreach
Community outreach consists of two leadership programs and emergency preparedness
activities. These programs are offered by the City in an effort to encourage more citizen
involvement in government leadership roles and provide citizens with valuable skills to help
protect themselves during emergencies. In addition, this area also includes ongoing contact with
the Cupertino community. Accomplishments include:
· Completed the 2002/03 Leadership Cupertino (LC) and Tomorrows Leaders Today
(TLT) programs.
· Provided instruction in leadership skills, teambuilding and economic development for
Leadership Cupertino.
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· Held an alumni breakfast to encourage continued participation of the graduates for
Leadership Cupertino.
· Offered attendance in our BEST progran~s to LC participants to enhance their leadership
training opportunities.
Economic Development
The Economic Development section is responsible for identifying and implementing programs
specifically targeted to business retention, expansion and attraction. Specific accomplishments
this year include:
· Contacted our top business leaders to enhance dialogue between business, the City and
the Chamber.
· Performed exit interviews for all businesses leaving Cupertino.
· Coordinated monthly presentations from developers, retailers and economic development
consultants.
· Attended ribbon cutting ceremonies and issued congratulation notes for individual
promotions within our business community.
Treasur~
This function is responsible for investing a $43 million dollar portfolio based on cash flow needs,
the City's investment policy and State guidelines. This year we achieved a higher return on
investment than the LAIF benchmark for 12 months. In an environment of continued interest rate
decline, investments with slightly longer maturities, some with callable features, were procured
for higher yield. With conservative, short-term investments, the City is properly positioned for a
return to higher interest rates. Investment maturities correspond with our cash flow needs for the
Library/Civic Center projects. All policy/investment reports required by State Law and our City
ordinance were completed on a timely basis.
City Attorney's Office
The City Attorney's Office provides ongoing legal advice to the Council, the City's
Redevelopment Agency, commissions, committees, and staff; conducts litigation involving the
City; and enforces City ordinances.
During the past year, the City Attorney's Office has conducted the following litigation:
Civil Litigation
· International Disposal Corporation v. Cupertino.
A contract dispute with IDC led the City to withhold payment as an offset. This case
was settled in September 2002.
· Bianchi v. Cupertino.
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Bianchi claimed that his properties in Inspiration Heights were damaged when the
City allowed a neighboring property owner to make road improvements on San Jacinto Road.
City made a motion for Summary Adjudication in which two of the three causes of action
against the City were dismissed. This case was settled at a settlement conference in
November 2002, just before trial.
Schmidt v. City of Cupertino.
Schmidt filed Writ of Mandate to prevent City from enforcing City Council
resolution to disallow extension of use permit for vehicle storage. The City prevailed at
trial in October 2002.
Criminal Actions
· City v. Lai Yam.
A citation was issued for violation of the massage ordinance. A reduced charge was
offered when defendant expressed a wish to return to China. On July 24, 2002, the court was
offered proof that the defendant had, in fact, returned to China. The City dismissed the
charges.
· City v. Xing Wu.
A citation was issued for violation of the massage ordinance. No plea was entered.
While case was pending, Mr. Wu continued to operate a massage parlor. He was cited again.
One charge was dropped in an exchange for a guilty plea on the other. In October 2002, he
was sentenced to a fine and four days in jail, and probation.
· City v. Carla Morales.
A citation was issued for violation of the massage ordinance. City reduced
misdemeanor to infraction based upon defendant's no contest plea. Ms. Morales received a
fine and suspended sentence.
· City v. Ellis.
A citation was issued for violation of the noise ordinance for a nighttime delivery
truck. At the arraignment in January 2003, the trucking company appeared for Mr. Ellis. The
City reduced the misdemeanor to an infraction based upon defendant's no contest plea. Mr.
Ellis was fined.
The City Attomey's Office appeared in court on numerous misdemeanor violations of the
Animal Control ordinances including the following:
· City v. Lillian Wang. After a two-year attempt to get compliance, misdemeanor citation
for a barking dog violation.
· City v. Itsiao Ping Wu. Misdemeanor citation for an unlicensed dog nmning at large.
· City v. Jacobson. Misdemeanor citation for unlicensed, unvaccinated dog.
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· City v. Strong. Misdemeanor citation for dog running at large.
· City v. Prabhakear. Misdemeanor citation for dog running at large.
· City v. Bracero. Misdemeanor citation of unrestrained dog.
· City v. Martinez. Misdemeanor citation for unlicensed, unrestrained dog.
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Index
AccessCupertino ................................... 6, 22
Administrative Services ...................... 17, 23
Advanced Planning ................................... 16
Award .................................................... 7, 24
Blackberry Farm ............................. 8, 11, 25
Block Leader Program ................................ 5
Building Division ...................................... 17
capital improvement .............................. 4, 24
CARES .......................................... 31, 32, 33
Case Management Program ........................ 8
CDBG ....................................................... 16
City Attorney's Office ........................ 34, 35
City Channel ................................... 5, 22, 26
City Clerk .................................. 5, 23, 27, 28
City Council4, 5, 6, 7, 11, 12, 14, 15, 16, 17,
24, 27, 28, 35
civic center .................................................. 4
Code Enforcement .................. 23, 25, 29, 30
Commissioners Handbook .......................... 6
communications... 5, 6, 7, 21, 22, 28, 31, 32,
33
Communications Audit Committee .... 22, 28
Community Development ............... 7, 14, 16
Community Meeting Hall ..................... 5, 22
Criminal Activity ...................................... 18
Cupertino Courier ....................................... 7
Cupertino Scene .................................... 7, 22
Economic Development ................ 14, 23, 34
Finance ............................................ 7, 23, 25
Fine Arts Commission .................. 10, 13, 28
General Plan .................. 7, 14, 15, 16, 17, 29
Housing ........................................... 7, 14, 16
Human Resources ............................... 23, 26
Information Technology
IT ........................................................... 25
leadership programs .................................. 33
Library. 4, 5, 7, 13, 14, 15, 23, 25, 26, 31, 34
Mapguide .............................................. 5, 26
Mary Avenue Pedestrian Footbridge .. 13, 14
Neighborhood Watch ............................ 5, 20
Parks and Recreation Commission. 4, 11, 12
Parks and Recreation Department4, 8, 11, 12
Planning Commission ... 5, 14, 15, 16, 23, 28
Planning Division .......................... 15, 16, 17
Public Access ............................................ 23
Public Information .......................... 7, 17, 21
Public Safety Commission .................. 30, 31
Public Works Department ............... 5, 13, 24
Quinlan Community Center 8, 11, 12, 20, 29
Safe Routes to School ............................... 14
San Jose Mercury News .............................. 7
San Tomas Aquino Trail ........................... 14
School Resource Officer ........................... 20
Senior Center .................................... 8, 9, 13
Sheriff ......................... 17, 19, 20, 21, 26, 29
Sports Center ............................................. 12
Sports Center ..................... 10, 13, 14, 25, 26
state budget ................................................. 4
Stevens Creek ...... 4, 6, 11, 12, 15, 18, 19, 29
Survey ........................................... 4, 6, 7, 22
Teen ................................. 8, 9, 10, 12, 13, 20
Telecommunications Commission ............ 23
Traffic ................................................. 18, 19
Trail ..................................... 6, 11, 12, 14, 15
Treasury .............................................. 23, 34
Vallco ...................................... 16, 17, 20, 31
Vehicle License Fee .................................... 4
Volunteer ................................... 9, 20, 31, 32
Webcasting ............................................ 5, 22
Western City Magazine ............................... 7
Youth ........................................... 8, 9, 20, 25
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EXHIBITS
BEGIN
HERE
FXHIBIT
Silicon Valley Animal Control
Authority
Voting proposals
And
Percentage of .1PA
! SVACA Membership
6-30-03
# of
animals
% of
JPA
Cities sheltered total
% of
2,038
1,171
432
531
202
345i
4'727t_
43.11%
24.77%
9.14%
11 .'23%
4.27%
7.30%
0.17%
100.00%
SVACA
budget
30.01°/~o
32.42%
10.19%
10.10%
7.99%
8.42%
~Santa Clara
~S~a~ta C__
!Sunnyvale
Cupertino
# of % of
votes on
votes
1
1
1
7
0.00%
14.29%
14.29%
14.29%
100.00%
%
of budget bases on population, licensed animals, & shelter days
Monte Sereno
Los Gatos
100.00%
0.87%
Board
28.57%
2 28.57%
0 0.00%
SVACA Membershi )
¥1~1 I I1~/I~1 ~.~1 II1~/
% of % of % of
admin field shelter
budget budget 15u-dge~l~:
46.67% 39.07% 54.28~
16.22% 18.42% 14.03'
14.25% 14.55% 13.96~
10.03% 12.68% 7.38~
11.89% 13.87% 9.90~
0.94% 1.42% 0.45~
-.[ i~ 100.01% 100.00'
Average # of % of
% votes on votes
Board
46.67% 4 44.44%
16.22% 1 11.11%
14.25% 1 11.11%
10.03% 1 11.11%
11.89% 1 11.11%
0.94% 1 11.11%
100.00% 9 100.00%
,Id
:to 1-31-03
Santa Clara
Sunnyvale
Cupertino
iCampbell
Saratoga
Los Gatos
Monte Sereno
Field = % based on population, square miles & number of calls for field
~~ based on number of incoming strays for the period 2-1-02 t(
Current Options:
· No vote on current Board
· One vote on current Board
· Go back to SVACA for additional
discussion
EXHIBIT
From Parnell down Linnet to Shetland Place
Note parking in no parking zone next to the shopping center fence (fire linde)
and down the side streets
Parnell to shopping Center
Note: Since there is a lack of available parking in Cupertino Village Shopping
center the overflow of parking is extending into the side streets of the
surrounding neighborhood in addition to Linnet Lane.
2) Fence height of the original fence (5 feet on 1 foot dirt berm)
Please note the height of fence by people going through the entrance.
6) People walking in the middle of the street to get to their car on Linnet from
the shopping center. (hazard to drivers) (No entrances less problem) Since
there is no sidewalk on the Shopping center side of Lirmet the customers of
Cupertino Village Shopping Center must walk on the road to get to their cars.
This is a hazard with an accident just waiting to happen.
KEY-DATE
20020105
20020105
20020105
20020105
20020106
20020106
20020106
20020111
20020111
20020112
20020112
20020112
20020112
20020112
20020118
20020118
20020118
20020118
20020118
20020118
20020119
20020119
20020119
20020119
20020119
20020119
20020119
20020119
20020119
20020119
20020126
20020126
20020126
20020126
20020126
20020209
20020209
20020209
20020209
20020210
20020210
20020210
20020216
20020216
20020216
20020216
20020216
20020216
CIT-TIME-ISSUED
CIT-VlOL-CODE1
1926 1016020B
1924 1016020B
1915 22500E
1922 1016020B
1224 1024010
1223 1024010
1221 1024010
1325 1024010
1325 1024010
2011 1016020B
2020 1016020B
2018 1016020B
2014 1016020B
2016 1016020B
1750 1024010
1745 1024010
1740 1024010
1740 1016020B
1740 1024010
1742 1016020B
LINNETT PARNELL
LINNETT PARNELL
1757 LINETT LN
LINNETT PARNELL
LINNET PARNELL
LINNET PARNELL
LINNET PARNELL
1725 LINNETT
1729 LINNETT
LINNET @ PARNELL
LINNET @ PARNELL
LINNET @ PARNELL
LINNET @ PARNELL
LINNET @ PARNELL
LINNE'I-F PARNELL
LINNETT PARNELL
LINNETT PARNELL
LINNET @ PARNELL
LINNETT PARNELL
LINNET @ PARNELL
1330
1348
1345
1345
1333
1322
1318
1335
1320
1317
1315
1024010 1700 LINNET LN
1024010 1700 LINNET LN
1024010 1700 LINNET LN
1024010 1700 LINNET LN
1024010 LINNET LN
1024010 1700 LINNET LN
1024010
1024010
1024010
1024010
1016020B
1700 LINNET LN
1700 LINNET LN
1700 LINNET LN
1700 LINNET LN
1700 BLOCK OF LINNET
1328 1016020B
1318 1016020B
1322 1016020B
1325 1016020B
1255 1024010
1251 1024010
1250 1024010
1249 1024010
1520 1024010
1517 1024010
1519 1024010
1410 1024010
1221 1024010
1222 1024010
1220 1024010
1218 1024010
LINNET AT PARNELL
1700 BLOCK LINNET
1700 BLOCK OF LINNET
1700 BLOCK OF LINNET
1715 LINNET
1725 LINNET
1725 LINNET
1725 LINNE']-I'
1725 LINNET
1725 LINNET
1725 LINETT
LINNET @ PARNELL
1725 LINNET
1725 LINNET
1725 LINNET
1725 LINNET
1410
ClT-LOC
1024010 1700 BLK LINNETT PARNELL
20020216
20020216
20020218
20020218
20020218
20020223
20020224
20020224
20020224
20020407
20020413
20020413
20020430
20020509
20020509
20020509
20020529
20020529
20020531
20020602
20020609
20020609
20020609
20020610
20020731
20020731
20020731
20020803
20020803
20020803
20020803
20020803
20020803
20020810
20020810
20020810
20020810
20020810
20020810
20020810
20020817
20020817
20020818
20020907
20020907
20020907
20020908
20020912
20020913
1415
1218
1310
1314
1313
1216
1122
1545
1120
1013
721
1052
1315
1318
1316
1314
1139
1142
1313
1102
1039
1043
1041
1620
1310
1305
1305
1448
1443
1439
1441
1314
1436
1250
1257
1255
1252
1246
1236
1243
1247
1245
1434
1616
1618
1613
2007
1230
1319
1024010
1024010
1024010
1024010
1024010
1024010
1024010
1016020B
1024010
22502A
22502A
1024010
1024010
1024010
1024010
1024010
1024010
LINNET @ PARNELL
1725 LINNET
1725 LINNET
1725 LINNET
1725 LINNET
1725 LINNET
1725 LINNET
1700 BLK LINNET
1725 LINNET
824 LARK LINNET
824 LARK LINNET
LINNET AT PARNELL
LINNET AT PARNELL
LINNET AT PARNELL
LINNET AT PARNEK
1725 LINNET
1725 LINNET
22502A
1024010
1024010
1024010
1024010
1024010
1024010
1024010
1024010
1016020B
1016020B
1024010
1016020B
1016020B
1016020B
1024010
1016020B
1024010 1725 LINNET
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Good evening ladies & Gentlemen
My name is Steve Swenson,
I have lived in the neighborhood adjoining the shopping
center for the past 16 years.
This is my second appearance before the council. I also
addressed this body when the matter of the redevelopment
of the shopping center and construction of the apartments
and hotel were discussed.
Since living here I have seen substantial changes in the
development of the shopping center. When I first moved
here the shopping center was smaller, more cozy and a
much better fit for the overall residential theme of our
neighborhood.
Over the past few years the center has added a multiple
story apartment building, a hotel, and several additional
commercial shops. The shopping center has gone from a
neighborhood resource to a viable commercial center that
caters to non-local residents.
Just hook at the tour buses parked in the parking lot and you
will understand what I am talking about.
Because of the increase in business there has also been an
increase in the influx of cars and people. This has created
major parking issues for the center, and unfortunately our
neighborhood as well.
During weekends, holidays, and lunchtime on a daily basis,
our quiet residential neighborhood has become an adjunct
parking facility for patrons of the shopping center.
Both of these solutions, which you implemented, helped to
maintain the residential nature of our community.
We are asking you one more time to do the right thing.
We are asking that you completely close any pedestrian
access to our neighborhood by requiring the shopping
center construct a wall of suitable height and materials
to prevent anyone from accessing our neighborhood for
the purposes of parking and walking to the shopping
center. This would include closing off that portion of the
property which borders the church, and is not currently
fenced.
Parking enforcement is not the answer. Even with no parking
signs posted people continue to park there. This is a terrible
waste of our police officers valuable time, and once
enforcement drops off people will continue to park there.
We polled the residents of our neighborhood recently, and
90% of the residents agreed that pedestrian access to the
shopping center should be closed.
Those persons still wishing to walk to the shopping center
could still do so along Homestead road.
We are not living in 1965 anymore. To hold a commercial
center bordering on a residential neighborhood to a 1965
fence standard is not logical when the entire nature of that
shopping center has changed.
After reviewing the written and photographic evidence I have
provided, I think you will agree that a problem does exist.
Please help us to return our nei.qhborhood to the
peaceful and quiet haven we once enioyed by closinR all
pedestrian access from the shoppinR center.
Thank you for your time.
I'll be glad to answer any questions if you have them.
EXHIBITS
END
HERE