The URL can be used to link to this page

CC 10-20-03CITY OF CUPEP TINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday October 20, 2003 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to Marilyn Bonacurso in recognition of her saving the life of a Cupertino resident. (No documentation in packet). POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Approve the minutes from the October 3 and 6 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for October 3 and October 10, Resolution Nos. 03-189 and 03-190. 4. Adopt a resolution accepting Payroll for October 10, Resolution No. 03-191. October 20, 2003 Cupertino City Council Page 2 5. Approve an application for an Alcoholic Beverage License, Green Valley Liquors, 10073 Saich Way (existing liquor store). 6. Heung Ser Park, a single man, Mercedes Road, APN 342-22-044: A. Approve an Improvement Agreement, Resolution No. 03-192 B. Approve a Quitclaim Deed, Resolution No. 03-193 C. Approve a Grant of Easement, roadway, Resolution No. 03-194 7. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements): Jim Netzel and Zita S. Netzel, 10070 Hillcrest Road, APN 326- 16-019. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 8. Approve Application Nos. Z-2002-03 and EA-2002-20, City of Cupertino, Linwood Acres, Randy Lane and Lan'y Way between Lucille Avenue and Men-itt Drive, to rezone approximately 19 acres, consisting of 68 single-family residences from A1-43 Agricultural-Residential Zone and R1-7.5 Single Family Residence Zone to P(A1) Planned Development Zone. A Negative Declaration is recommended. (Continue to November 3 at the request of staff). 9. Approve Application No. MCA-2003-01 to amend Title 17 of the Cupertino Municipal Code regarding temporary signs, City of Cupertino, Citywidc. First reading of Ordinance No. 1926: "An Ordinance of thc City Council of thc City of Cupertino Amending Chapter 17.32 of the City's Ordinance Code Regarding Temporary Signs." PLANNING APPLICATIONS UNFINISHED BUSINESS 10. Consider amending the Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA) for voting and withdrawal changes. 11. Adopt a resolution regarding the Marine Aquarium (Continued from 10/6/03), Resolution No. 03-196 to: A. Approve the concept of the installation of a Marine Aquarium of approximately 4,000 gallons in the new Cupertino Library and accept, in principle, a donation of October 20, 2003 Cupertino City Council Page 3 $325,000 from Mr. Fred Chart for the fabrication and installation of the Aquarium and an additional contribution in the form of a commitment for five years of annual maintenance of the Aquarium facility and up to an additional five years of maintenance expenses to be shared equally with the City Approve the installation of a recognition Plaque in the Library with the Aquarium acknowledging the contribution of Fred and Annie Chan and their family Authorize the City Manager to enter into an agreement with Mr. Fred Chan, to accept the donation and the maintenance commitment that states that the donation will be used exclusively for fabrication, installation, and construction expense for the aquarium NEW BUSINESS 12. Presentation from the School Districts regarding attendance boundaries and projected number of students from new developments. (No documentation in packet. Continued from 10/6/03). 13. Review and approve mid-year budget adjustments for fiscal year 2003/04: Authorize transferring $60,000 of one-time year-end savings to establish the FY 2002-2003 Sports Center project budget of $2,400,000, as originally approved, and transferring $70,000 of one-time year-end savings, to increase the project budget to $2,470,000. Approve an increase in the project construction contingency authorization from $138,000 to $208,000 within the proposed budget of $2,470,000. See attached staff report Approve a fiscal year 2003/04 budget adjustment for the operation of the Cupertino Teen Center in the amount of $40,000. See attached staff report Authorize the use of $20,000 of year-end savings to provide for the funding of additional costs associated with the "top four" Operating Engineer's Local Number 3 (OE3) requirement based on newly submitted salary figures from San Jose Authorize the use of $80,000 of year-end savings to provide for the funding of unforeseen disciplinary actions and general liability claims 14. Adopt a resolution approving the second amendment to the Franchise Agreement between the City of Cupertino and the Los Altos Garbage Company dated December 4, 1995, in order to make clear the "debris box" definition, Resolution No. 03-195. 15. Select an alternate to the Valley Transportation Authority (VTA) board. October 20, 2003 Cupertino City Council Page 4 ORDINANCES 16. Conduct the second reading of Ordinance No. 1924: "An Ordinance of the City Council of the City of Cupertino Rezoning One Parcel Totaling .31 Gross Acres Parcel From P(Planned Development/With Limited Commemial/Office Use Activity) Zone to P(Planned Development/With Limited Commercial/Office Use/Vocational and Specialized School Activity) at 10650 Bubb Road." 17. Conduct the second reading &Ordinance No. 1925: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.040, Relating to Street Improvement Requirements, and Chapter 18.32, Section 18.32.030, Relating to Subdivision Frontage Improvements to Include Findings for Adoption of a Rural or Semi-Rural Street Designation." STAFF REPORTS 18. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet). 19. Receive a monthly status report on the Cupertino Civic Center and Library Project. COUNCIL REPORTS Mayor Michael Chang: Audit Committee Leadership Cupertino Legislative Review Committee Library Steering Committee 5 C's Liaison Santa Clara County Housing and Community Development Block Grant Program (CDBG) Alternate Santa Clara County Library District JPA Board of Directors Alternate Sister City Committee - Toyokawa West Valley Mayors and Managers Vice-Mayor Sandra James: Economic Development Committee Environmental Review Committee Alternate Leadership Cupertino Library Steering Committee Santa Clara County Emergency Preparedness Commission Santa Clara County Transportation Agency Policy Advisory Committee Alternate West Valley Mayors and Managers Alternate October 20, 200~ Cupertino City Council Page 5 Councilmember Patrick Kwok: Association of Bay Area Governments (ABAG) Bay Ama Air Quality Management District Board of Directors Library Steering Committee Alternate Guadalupc/Wcst Valley Flood Control and Watershed Advisory Committee Lower Peninsula Flood Control and Watershed Advisory Committee Santa Clara County Recycling and Waste Reduction Commission Santa Clara Valley Water Commission Sister City Committee - Toyokawa Alternate Councilmember Dolly Sandoval: Audit Committee Environmental Review Committee Legislative Review Committee 5 C's Liaison Santa Clara County Cities Association Alternate Santa Clara County Cities Association Legislative Task Force Santa Clara County Emergency Preparedness Commission Alternate Santa Clara County Housing and Community Development Block Grant Program (CDBG) Santa Clara County Transportation Agency Policy Advisory Committee Silicon Valley Animal Control Authority Board Member (SVACA) Alternate Councilmember Richard Lowenthal: Association of Bay Area Governments (ABAG) Altemate 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 Fome Alternate Santa Clara County Library District JPA Board of Directors Santa Clara Valley Water Commission Alternate Silicon Valley Animal Control Authority Board Member (SVACA) CLOSED SESSION 20. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. ADJOURNMENT October 20, 2003 Cupertino City Council Page 6 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. CUPEP INO ROLL CALL DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Friday, October 3, 2003 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 Quall; City Planner Cynthia Wordell; Parks and Recreation Director Therese Smith; Community Relations Coordinator Laura Lee; Secretary to City Manager Linda Lagergren; Capt. John Hirokawa, Santa Clara County Sheriff's Office; and City Clerk Kimberly Smith. CALL TO ORDER At 1:00 p.m. Mayor Chang called the meeting to order in the Blackberry Farm Retreat Center, 21975 San Fernando Ave, Cupertino. ORAL COMMUNICATIONS - None NEW BUSINESS 1. Status of City Council goals. Staff reviewed the status of the City Council's goals for 2003-2004 attached and incorporated as a part of these minutes. RECESS Council was in recess from 3:20 p.m. to 3:40 p.m. CLOSED SESSION At 3:40 p.m. Council went into closed session for a performance evaluation of the City Manager pursuant to Government Code Section 54957. At 5:30 p.m. Council reconvened in open session and announced that no action had been taken. October 3, 2003 Cupertino City Council Page 2 ADJOURNMENT At 5:30 p.m. the meeting was adjourned. 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. Project Goal City Council Goals 2003 -2004 October 2003 Update Status Comments 1. Library and Civic Center Under construction on schedule. Scheduled completion of project 10/04. >~ Financing mechanism in place (6/02) ~ Automated Checkout Machines Four automated checkout machines The Cupertino Library has the highest self- have been installed, checkout usage in the SCC system, representing 24% of check-out, or 412,000 items per year. 2. Trails Plan >- Stevens Creek Corridor Plan The Stevens Creek trail is a single On Sept. 15 the City Council directed staff to component of the Stevens Creek continue to work on the corridor plan including: Corridor Plan. On 9/15/03 the · Year-round use Council directed that the trail · Incorporating a multi-use trail through the corridor should be · Working with the Cupertino Historical multi-use. Society on the Center for Living History · Reducing the size of the picnic grounds · Changing the fee collection system Staff will return with a financial report on the ~ picnic grounds on October 6. ~ Implement San Tomas/Saratoga Creek Plan Completed and opened Feb. '03. · Street segment, signs and striping (9/01) · Bridge and creek segment, through Barrington neighborhood (1/03) q.a,o r~;~'a-e 1 of 11 Cupertino Council Goals - update September 10, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments Youth Issues ~ Skateboard Park Teen Commission Teen Center The Sk8mobile is now in use 7 days/wk; Monday through Thursday at Creekside Park and Friday, Saturday, Sunday at Valley Church. The 2003-04 Teen Commission was sworn in on September 9. Opens Feb. '04. The Sk8mobile is now free and unstaffed and is receiving much more use, particularly at Creekside. The Teen Commission began work on fumishing the Teen Center and are visiting other teen centers for ideas. The 2003-04 work program also includes developing the code of conduct and regulations for use of the center and program development and marketing. They will continue with other projects such as adopting a family and, if the economy permits, sponsoring a teen job fair. The Teen Center is included in the Sports Center remodel. Page 2 of 11 Cupertino Council Goals -update September 10, 2003 Project Goal City Council Goals 2003 -2004 October 2003 Update Status Comments I 4. Pursue "Downtown" Opportunities >' Develop a plan for the Crossroads block of City Council authorized the 81% of May 3, 2002, Conumunity Congress Stevens Creek Boulevard from De Anza Boulevard amendments to the Heart of the City respondents agreed with developing a downtown to Stelling Road. plan on January 22, 2002. village in Cupertino and 75% of the June 2002 Community Survey respondents supported creating a downtown in the Crossroads area. The Crossroads Streetscape plan went to the Planning Commission in Fall 2002, and was continued to enable the General Plan Task Force to consider height and setback recommendations. ~ Work with the Town Center developer to plan a Phase One of the Town Center plan , Hunter/Storm scaled back the plan but retained mixed used walkable plan was approved by the City Council in the mixed-use concept. August 2002. Applicant intends to follow with master plan approval in first quarter 2003. The following projects ~ncorporate walk-ability 5. Street Safety - Walkable Community City Center Pedestrian Plan draft components. } Ensure that "walkable city" concept is present in went to the City Council on October · Orion Lane-creek trail segments all City development/redevelopment projects 6, 2003. · Rodrigues Avenue creek trail segments · Astoria on Imperial Avenue included a On Sept. 15, 2003, the City Council Bubb to Imperial trail authorized the Ped/Bike · City Center- public access Commission to study Regnart Creek · Tra Vigne - public access Trail segments from Blaney Avenue · Saron Gardens - public access to Pacifica Avenue. · Town Center- public access · Oaks Shopping Center -- public access Page 3 of 11 Cupertino Council Goals - update September t0, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments 8. General Plan > The Administrative Draft of the Staffheld General Plan orientation meetings ~ General Plan Administrative Draft (6/02) General Plan was completed and with PC, P&R, BPAC, Housing Committee, the ~ Adopt plan (9/02) distributed for public review in business community and held a general the beginning of January 2003. community meeting. > CC/PC study sessions held in May 3, 2002, Community Congress focused on February and March 2003. ~ Appointed 74 member GP Task the General Plan update. Force > GP Task Force met from June - October 2003 >' Task Force recommendations will be presented to City Council following completion of their deliberations 9. Public Safety ~ Review traffic safety issues ~ Monta Vista Safe Routes Project Cupertino High School grant for $405,000 · Safe routes to school program (Monta Vista completed 11/01 approved. Design Fall '03 for completion in 9/01 and Cupertino High Schools 11/03) Spring '04. Garden Gate grant for $185,000. Still pending approval by Caltrans. · Review traffic safety for pedestrians Completed Final Pedestrian Transportation Guidelines to BPAC and Council 3/02 ~ Continue emphasis on Neighborhood Watch 44 active Watch Groups which represent 151 residential streets. Held 38 Neighborhood Watch meetings. 11 meetings were new groups to the program and 27 of them supported existing groups or revitalized inactive groups. Page 6 of 11 Cupertino Council Goals - update September 10, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments Establish an eCap Memhant Watch Program Continue emphasis on Emergency Response (ER) and Preparedness · Continue expanding of the CERT program · Develop High School ER Training · Ensure ER Training for City staff · Offer ER skills to 6th to 12th grade Provide an alert email system for businesses in the City, similar to the Neighborhood eCap Program. · Increased from 4 to 5 CERT classes/yr. · Conducted five first aid and five CPR classes · Implemented a Disaster Council/Citizen Corps Council · Organized two new neighborhood CERT teams. · Developed a model ER program with Monta Vista High School students ,, Updated Emergency Plan !2/02 Mandated SEMS training; First Aid and CPR to staff · Conducts on-going EOC drills · Offer Kaleidoscope Program 3 times/year Total of 500 residents trained in CERT. Total of 200 citizens trained. Enables community members to participate in emergency planning. Total of 10 neighborhoods trained. Total of 150 students trained to date. Page 7 of 11 Cupertino Council Goals - update September 10, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments * Develop City Evacuation Plan · Ensure ER Training for business/schools Expand Volunteer Program · Project begins early 2003 · Meet monthly with local business/school emergency planners and District officials Ongoing expansion of volunteer programs with Leadership Cupertino, TLT, CERT and Neighborhood Watch. Sheriff's volunteer program in Cupertino has begun. Five volunteers work on the Neighborhood Watch program exclusively. E-mail system to Neighborhood Watch participants was activated and to date we have 1200 e-mail alert subscribers. Page 8 of 11 Cupertino Council Goals - update September 10, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments I 10. Affordable Housing > Provide housing opportunities for Cupertino The Housing Element increased the The Santa Clara County Housing Trust Home workers BMR requirement from 10% to Ownership Assistance Program is applicable to 15%, and identified sites for Cupertino teachers and other public service additional housing units, workers. ~' Review Below Market Rate Program criteria BMR manual was updated in November 2002. ~ Teacher housing assistance programs City Council appropriated $220,000 Contract is being negotiated with Neighborhood · Develop teacher housing assistance program for a down payment assistance Housing Services of Silicon Valley and teacher (09/02) program for teachers, outreach is projected for October 2003. > CCS Affordable Housing Project CCS 24 unit affordable housing units and offices were completed in January 2003 11. Annexation ~ Monta Vista · Annex pockets using island annexation Monta Vista annexation process will July '02 staff began the process of coordinating procedures (6/02) be evaluated in Winter/Spring 2002. with Santa Clara County, preparing maps and identifying issues that need to be addressed in ~ Creston the "Annexation Answer Book." Staffheld · Annex individual contiguous parcels when Lot by lot Creston annexations are information meetings with residents of Monta redevelopment occurs on-going when major redevelopment Vista and is conducting an informal survey. of a home is proposed. Page 9 of 11 Cupertino Council Goals - update September 10, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments 12. Sports Center Building Strategy Under construction. > Complete ADA requirements and various other Reopening scheduled for Feb. '04. Currently, construction is three months ahead of modifications and upgrades schedule. 13. Four Seasons Corner and Intersection "Gateway" Under constmction. Completion scheduled for March '04. 14. School Partnerships The field house project is slightly Liability language in the agreement is under )~ Pursue partner opportunities with the three school behind schedule but should be discussion with the Districts attorneys. districts including: completed by the end of October. · Pool The Teacher Down Payment · Gym Assistance program has been · Traffic and parking approved. · Teacher housing Staff is working on a Senior/Teacher Matching program. The Public Safety Commission is working on improving traffic in the tri-schools neighborhood. The Safe Routes to Schools projects have proceeded with excellent cooperation between the City and Monta Vista, Cupertino and Garden Gate. Page 10 of 11 Cupertino Council Goals - update September 10, 2003 City Council Goals 2003 -2004 October 2003 Update Project Goal Status Comments De Anza/City recycling program - the City gives De Anza used computers and De Anza refurbishes them. 15. Senior Issues >' Explore Senior Commission Resolution establishing the Senior Commission scheduled for the October 6th Council meeting. 16. Internal Improvements City Council and Planning Commission packets and minutes are now on the web (also two years history) New Commissioners Handbook Access Cupertino tracks contacts with the City Video Streaming Program evaluation of Parks and Recreation programs Page 11 of 11 Cupertino Council Goals - update September 10, 2003 CU?e Tlno DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday October 6, 2003 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, Califomia, 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, City Attorney Charles Kilian, Public Works Director Ralph Qualls, City Planner Cynthia Wordell, Senior Planner Aarti Shrivastava, Assistant Planner Gary Chao; Associate Planner Peter Gilli; Senior Planner Colin Jung, Recreation Supervisor Mike O'Dowd, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Proclamation declaring November 2-8 as Youth Appreciation Week in Cupertino, to be presented to the Cupertino and De Anza Optimist clubs. This item was continued to October 20 at the request of the recipients. POSTPONEMENTS Item Nos. 13, 18, and 21 were postponed to October 20. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Ave., discussed a newspaper article and a letter from United States Representative Mike Honda objecting to the Domestic Security Enhancement Act of 2003 and how it impacts civil liberties within the United States even more than the Patriot Act. Mayor Chang noted that material regarding the positions that other cities had taken had been distributed to City Council once before. Councilmember James noted that historically the City Council did October 6, 2003 Cupertino City Council Page 2 not take a position on national politics. Mayor Chang asked staff to distribute the materials to the City Council again and if any of the Council members wish to pursue the matter, they will let the City Manager know to place it on the agenda. Council member Sandoval said that since she was a member of the Legislative Action Committee, she would work on the issue with the City Manager. Dennis Houlsby, 10255 Mira Vista, submitted a petition appealing a sidewalk requirement in his Monta Vista neighborhood. He said the requirement would remove a large tree and create a safety hazard. Public Works Director Ralph Qualls said item 25 on this evening's agenda would address the requirements. Lihuei Wei, 10823 Willowbrook Way, thanked the City Council on behalf of 58 families with special needs and 157 families of volunteers for a grant for Santa Clara County to provide childcare. Larry Loo, 10442 Scenic Circle, said he was not in favor of Stevens Creek Trail following Scenic Circle or any of the property on that street. Max Bokelman, 10432 Scenic Circle, showed some photos of the Scenic Circle area along with some alternative alignments for the Stevens Creek Trail. He said the alignment should not go along the west bank of the creek because it would have to go on the street, and would not be a rewarding view for trail users; it would expose the residents to night-time alcohol and drug parties; the neighborhood would become a trail staging and parking lot, and would degrade the quality of life as well as creating a safety hazard. He noted that both the Parks and Recreation Commission and the Stevens Creek Task Force recommended the east bank of the creek for the alignment. Bill Hawkes, Scenic Court resident, said he did not think the City Council should take a position on the Patriot Act or the Domestic Security Enhancement Act. He also spoke about the Stevens Creek Trail alignment and said the neighbors did not speak at the last City Council meeting because they felt they had convinced the Parks and Recreation Commission that the east side alignment was correct. He said that none of the commissioners were present to support that viewpoint, and by then it was too late for the neighbors to speak. He suggested some improvements in the community process, including an opportunity for feedback from the residents. Don Bantista asked the City Council to remove the west side alignment from the discussion. He said it was unreasonable to put the residents in this position over such a long period of time. He submitted a petition signed by the residents asking that the Stevens Creek trail alignment or access not be placed on the residential side of Scenic Circle. He said the petition also asked that the trail not be visible from the homes, that there be no access or bridges to the residential area, that it not be turned into a parking lot for the trail, and that no trees or shrubbery be removed. He said their concerns about the west side alignment included crime, public safety, traffic, decline in property values, and loss of privacy. October 6, 2003 Cupertino City Council Page 3 Bob Murphy said he was opposed to the trail alignment on Scenic Circle. His house is 60 feet from the creek, and it would be very distressing to have the trail there. He asked for a quick decision, because that too is affecting property values. Steve Moody, Scenic Circle resident, agreed with the previous speakers who were opposed to the trail alignment on the west side. He said the neighborhood is about beauty, privacy, and peacefulness, and a trail across the street from his house would destroy much of that. He said them are many other neighbors from other streets who are currently walk through the area, but that is very different than opening it up as a multi-use trail. Ken Jo said he was opposed to a west side alignment of the trail. He asked for information about zoning around the alignment, such as restrictions easements or setbacks. He also asked if the engineering, geology, and other reports are available to the public, and mentioned earlier problems with erosion near the creek. Parks and Recreation Director Therese Smith said that the information is available on the city's Web site under Stevens Creek Trail Feasibility Study, which was done over a two-year process. Lyman Black, 10338 Scenic Blvd., said the main issue seems to be one of trust and communication. He mentioned a petition with over 170 signatures that asked the trail route not go through the Blackberry Farm area. He said that one of Council's stated objectives was community and public involvement, but that involvement is being disregarded. He said that at the last Council meeting, there was suddenly a west side trail alignment along with a square dance pavilion, and possibly a pole barn. He said that the concerns expressed regarding this alignment apply to Scenic Boulevard, the Linda Vista area, and the Phar Lap/Oakdale area, and asked said that the west bank alignment should be taken off the table. Mr. Yuen, 10463 Scenic Court, expressed his objection to a trail of any kind near the Scenic neighborhood. He said if one must be built, it should be aligned on east side with no access to the Scenic neighborhood. He said it should not be visible from the homes, there should be no trail parking allowed, and no trees or vegetation trimmed. He said that in addition to an environmental analysis, there should be study done on the impacts to residents, or the Council should listen to them and put the trail on the east side. Mark Bums, member of the General Plan Task Fome, said he was opposed to the Stevens Creek Trail for the same reasons as the residents, and that there is a similar problem with the General Plan as well. He said that it is the government taking of land and of people's fight to privacy. He said there is a trend toward crisscrossing the city with paths and bikeways, and it is okay to influence new development in that way but inappropriate to impose it on neighborhoods with long-time residents Robert Levy, 10802 Wilkinson Ave., expressed sympathy for the residents of Scenic Circle. He said that people using the trail will expect a nature walk, and to view the heritage orchard and wildlife. He said that if it had been a walking trail or an opening in the fence, none of the problems would have arisen. Rhoda Fry, 10351 San Femando Ave., said she was also concerned about trash being a problem from the trail. She noted that the Blackberry Farm dumpster had not yet been covered, although October 6, 2003 Cupertino City Council Page 4 the trash is now picked up every night, and raccoons are now moving into the neighborhoods in search of food. She also discussed the good intentions when DACA was allowed to use the Blackberry Farm pool, but there was no enforcement and she was unable to use her master bedroom during the time that DACA was using the facilities. Mayor Chang said the concerns of Scenic Circle residents had been noted. He said that some speakers had mentioned "commitments" made by various commissions, but those advisory bodies can only make recommendations to City Council, which they have done on behalf of the residents, and those recommendations will be heavily considered by City Council. Parks and Recreation Director Therese Smith said the next step would be for Council to consider whether to collect an entry fee, which would be presented later this evening. After that, the environmental review process will begin, and she would recommend a review of an east bank alignment, a hiking trail only, and no trail. She said that additional public comment would be solicited after that scientific review is done, which will include parking issues, neighborhood issues, noise, and security. CONSENT CALENDAR Sandoval/Kwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 12, which was pulled for discussion, and No. 13, which was continued to October 20. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 2. Approve the minutes from the September 15 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for September 12, 19, and 26, Resolution Nos. 03-178 to 03-180. 4. Adopt a resolution accepting Payroll for September 26, Resolution No. 03-181. 5. Accept the Treasurer's Budget Report - August 2003. 6. Approve applications for an Alcoholic Beverage License: A. California Thai Kitchen, 10525 S. De Anza Blvd., Suite 100 (formerly Gourmet Wrap and Una Mas Restaurant) B. Oakville Market Place, 20558 Stevens Creek Blvd. (formerly McWhorter's) 7. Adopt a resolution approving the Community Development Block Grant Program Separation Agreement between the County of Santa Clara and the City of Cupertino, Resolution No. 03-182. 8. Adopt a resolution approving the destruction of records from the Finance Department, which are in excess of two years old, Resolution No. 03-183. October 6, 2003 Cupertino City Council Page 5 Adopt a resolution approving the lease agreement with Stevens Creek Quarry for use of their site for compost distribution, Resolution No. 03-184. 10. Adopt a resolution accepting the Watershed Action Plan as prepared by the Santa Clara Basin Watershed Management Initiative, and authorizing the City Manager to execute the Santa Clara Basin Watershed Management Initiative 2003 Signatory Document, to confirm the City's continued commitment to participation in the Watershed Management Initiative activities, Resolution No. 03-185. 11. Accept municipal improvements (grading, curb and gutter) for Reza Morouzi and Firouzeh Hoveidarad, 22771 Stevens Creek Boulevard, APN 342-12-036. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 12. Adopt a resolution endorsing the Valley Transportation Authority Community Design and Transportation (CDT) Program, Resolution No. 03-186. Robert Levy, 10802 Wilkinson Ave., said that the Valley Transportation Authority provides good service on the main traffic routes with high density, but it is provided at the expense of other pans of the city that are underserved or eliminated from the route. Sandoval/James moved and seconded to adopt Resolution No. 03-186 endorsing the Community Design and Transportation Program. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 13. Consider a budget adjustment in the amount of $75,000 to repair the fotmtain at the Quinlan Community Center. This item was continued to October 20 at the request of staff. PUBLIC HEARINGS Council concurred to hear items 14 and 15 together: 14. Approve Application No. U-2003-07, Steven Ma (ThinkTank Learning), 10650 Bubb Road, APN 362-01-022, for a use permit to operate a learning center in an existing building. 15. Approve Application No(s). Z-2003-05, EA-2003-13, Tom and Liz Jackson, 10650 Bubb Road, APN 362-01~022 to rezone a commercial/office building to allow vocational and specialized schools, subject to securing of a use permit. Conduct the first reading of Ordinance No. 1924: "An Ordinance of the City Council of the City of Cupertino Rezoning One Parcel Totaling .31 Gross Acres Parcel From P(Planned Development/With Limited Commercial/Office Use Activity) Zone to October 6, 2003 Cupertino City Council Page 6 P(Planned Development/With Limited Commemial/Office Use/Vocational and Specialized School Activity) at 10650 Bubb Road." Assistant Planner Gary Chao reviewed the staff report. He said the applicant wishes to operate a learning center in an existing office building, which had been used by a different agency as a learning and educational center for the pass eleven years without the benefit of a permit. Chao said the current zoning does not permit a school use, but the proposed educational center is consistent with the Commercial and Residential General Plan designation for the site. He said the site was recently a 7-11 market, and this proposed use will have less traffic. He said there would be a maximum of 46 students and 6 employees on site any one time, and classes are 4 p.m.-8:30 p.m. on weekdays and 10 a.m. - 9 p.m. on weekends. Virginia Logan, 21453 Shannon Ct., objected to this application. She said she lives off Bubb Road and school traffic is so heavy she cannot get on or off Shannon Court. She said the "keep clear" sign has no impact on drivers who are dropping off children. Bin Xu, 933 Bubb Rd., objected to this application and said that Bubb is already too crowded with 3 schools in the area, and this will create more impacts. Robert Levy, 10802 Wilkinson Ave., said he was a member of TSAC, the Tri-Schools Action Committee, and he was opposed to the application. He said although this appeared to be a good use with not many students, it is a small problem being added to a very large problem. Lowenthal/James moved and seconded to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Lowenthal/James moved and seconded to approve the applications as recommended by Planning Commission Resolution No. 6204, with an addition to the use permit to require the applicant to provide bicycle racks onsite. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. The City Clerk read the title of the ordinance. Kwok/Sandoval moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. PLANNING APPLICATIONS 16. Review the Planning Commission Minute Order related to the R1 Ordinance. (Continued from 9/15/03). Associate Planner Peter Gilli reviewed the staff report regarding the R1 Ordinance for residential development. October 6, 2003 Cupertino City Council Page 7 Mark Bums, 21269 Stevens Creek Blvd., asked to have clarification of the confusing language regarding floor area ratio (FAR) measurements, and Council members explained that the Planning Commission may choose to study that section. Sandoval/Kwok moved and seconded that the Planning Commission should limit its discussions to the items on exhibit A and defer any public hearing until after it has finished its study. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Following are the recommendations for changes or study from exhibit A that are open to review: Regulations affecting the review process for new development - changes recommended by staff and/or the Planning Commission a. RHS & R1 review for development on 30% slopes b. Two-story over 35% triggers design review c. Design Guidelines applied to all two-story homes d. Exceptions to R1 regulations e. Residential Design Approval process f. Procedures for review (includes story poles) g. Design Guidelines (not part of the ordinance, but part of the development review process) Non-Process regulations Second Story Area = 35% of first story Side Setback = 10 feet Sumharge = 15 feet applied in combination to front and side Planting to block two-story views Planting not necessary in certain cases Minor technical changes suggested by staff a. Lot Coverage of 45% b. Prescribed second story wall offsets c. Gable end with attic can encroach into building envelope d. Height exceeding 20 feet must meet second-story setbacks e. Blank single-story walls facing street 17. Adopt a resolution and Negative Declaration, and approve Application Nos. CP-2000-09 and EA-2003-08, City of Cupertino, Citywide, regarding the Wireless Facilities Master Plan, Resolution No. 03-187. Senior Planner Colin Jung reviewed the staff report for the master plan for the location, siting, design and entitlement of personal wireless service facilities throughout the City. Public Information Officer Rick Kitson said that the Telecommunications Commission, has been working hard to educate service providers and the community about high- speed intemet access, and they can also educate cell phone users about how to get in touch with October 6, 2003 Cupertino City Council Page their providers about increasing and improving service. Council concurred that this would be a useful step. KwokJJames moved and seconded to grant a Mitigated Negative Declaration for the master plan. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. KwokJJames moved and seconded to adopt Resolution No. 03-187 adopting the Wireless Facilities Master Plan in accordance with the recommendations by staff. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. UNFINISHED BUSINESS 18. Tropical Marine Aquarium in the lobby of the new Cupertino Library (Continued from September 15; request to continue to October 20 at the request of staff). Council concurred to continue this item to October 20, 2003. 19. Adopt a resolution establishing a Cupertino Senior Citizens Commission, Resolution No. 03-188. Parks and Recreation Director Therese Smith reviewed the staff report. Kwok/James moved and seconded to adopt Resolution No. 03-188 establishing a Cupertino Senior Citizens Commission; with an amendment to the fifth bullet to indicate that at least one commissioner shall be a member of the Cupertino Senior Center Volunteer Advisory Council. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 20. Stevens Creek Corridor Master Plan - Review the fiscal impacts of closing Blackberry Farm Picnic Grounds. Parks and Recreation Director Therese Smith presented a PowerPoint presentation reviewing the impacts of reducing the picnic grounds to a maximum of 200 with fixed picnic tables, and with the ability to expand capacity to 500 to accommodate large events with folding tables and chairs. Robert Levy, 10802 Wilkinson Ave., said that he thought it would be a gradual reduction of facilities over time so that the profit wouldn't be cut too much at one time. Rhoda Fry, 10351 San Fernando Ave., said that she didn't see worker's compensation, liability, insurance, etc. in the cost estimate. She wondered how the school camps would fit in since there are usually 1000 visitors per day. She said she liked the entry fee, but many swimmers per day would be needed to make the pool cost worthwhile. She thanked Council for listening to the neighborhood concerns. October 6, 2003 Cupertino City Council Page 9 Council members concurred that staff should proceed with a design that gives priority to creek restoration and which retains picnicking, in a more park-like fashion instead of a for-profit business. NEW BUSINESS 21. School District presentation regarding attendance boundaries and projected number of students from new developments. (Request continuance). Council concurred to continue this item to October 20 when all parties were available. 22. Review and approve Application Nos. CP-2003-02 and EA-2003-15, City Center Pedestrian Plan, including properties between Stevens Creek Blvd., Torre Ave., Town Center Lane, and De Anza Blvd. in the Heart of the City Specific Plan area including the Civic Center and Civic Park properties. (Continued from 9/15/03). Senior Planner Aarti Shrivastava reviewed the staff report about a unifying plan to connect the three major developments of the City Center, the Civic Park and the Civic Center, to include entry features, historic markers, banners, etc. Robert Levy, 10802 Wilkinson Ave. suggested that Council should not "count the view until it was hatched" because there are currently a number of trees along Town Center Lane, more may be added, and there will be speed bumps too. Council members asked staff to add signage (including signs indicating direction of Cupertino's Sister Cities), benches, fountains and entry features, to the proposed components of the plan, providing plan features within interior paths in the City Center area and along Town Center Lane/Civic Park Drive, and to install bike racks at convenient locations to encourage biking to these locations. Sandoval/James moved and seconded to approve the applications for the City Center Pedestrian Plan. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Mayor Chang reordered the agenda to hear item No. 25 next. 25. Rural neighborhood and street standards: Conduct the first reading of Ordinance No. 1925: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.040, Relating to Street Improvement Requirements, and Chapter 18.32, Section 18.32.030, Relating to Subdivision Frontage Improvements to Include Findings for Adoption of a Rural or Semi-Rural Street Designation." Public Works Director Ralph Quails reviewed the staff report and said that there are pockets of neighborhoods that, as they are developed, are required to install sidewalks, curbs and gutter, street lights and other improvements. Some residents have requested an October 6, 2003 Cupertino City Council Page 10 exception to those requirements in order to retain the character of their neighborhood. He said that a petition has already been received from Mann Drive and Corte Madeira, as well as from Dennis Houlsby who submitted a petition this evening regarding the Monta Vista neighborhood. Terry Griffin, 10727 Randy Lane, said he lived in one of semi-rural neighborhoods for which a petition has been submitted. He thanked the City Council for not enfoming a homogenized look throughout the neighborhoods. Donna Lowell, 10311 Mann Dr., referred to petition she submitted for Mann Drive and Corte Madeira and said although they already had curbs and gutters, the neighbors did not want sidewalks because of the amount of trees and vegetation that would be lost. Rhoda Fry, 10351 San Femando Ave., said that in the area between Stevens Creek Boulevard, McClellan Road, and Byme and Orange Avenues, the improvements are very inconsistent, which is both ugly and unsafe, such as when a sidewalk suddenly ends. She also asked about the new light poles that are not functional. Public Works Director Ralph Qualls said that it is the responsibility of PG&E to provide the power and there is a substantial lag time in their response. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. 23. Notice of commissions with terms expiring January 15, 2004, and selection of dates for applications (December 30, 2003) and interviews (January 12 and 13, 2004). The City Clerk announced that she had received a resignation letter, effective October 28, from Planning Commissioner Charles Corr because he is moving out of the city. She said that the unscheduled vacancy will he posted and can be filled in January along with the scheduled vacancies and the new positions on the Cupertino Senior Commission. She said that the commissions with vacancies are: CDBG Steering Committee; Cupertino Audit Committee; Cupertino Housing Commission; Fine Arts Commission; Parks and Recreation Commission; Planning Commission; Public Safety Commission; Telecommunications Commission; and Senior Commission. Council concurred to accept applications until 5:00 p.m. on December 30, 2003; to conduct interviews January 12 and 13 at 6:00 p.m.; and to conduct a separate interview for each commission if an applicant applies for two commissions. Staff was asked to include the notice of the Senior Commission vacancies in the Senior Center newsletter in multiple languages. 24. Schedule dates to declare election results, select new Mayor and Vice-Mayor, and hold a reception for new and outgoing officials. October 6, 2003 Cupertino City Council Page 11 The City Clerk reviewed the staff report and explained that new legislation requires that the City Council hold a meeting to declare election results and seat new members, and that the Mayor and Vice Mayor must be selected at the next regular meeting after the declaration of results. Council concurred to hold a regular adjourned meeting on December 1s' to swear in the new Council, to select the new Mayor and Vice-Mayor at the regular meeting of December 1sC, and to hold a reception after the regular meeting. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the "Best in the West" SWAT competition and participation by the Sheriff's Emergency Response Team; the annual Cupertino Educational Endowment Foundation (CEEF) Gala; a presentation by the Borland Company to the Economic Development Committee; the activities of the County Emergency Preparedness Commission; the opening of the Shaolin Kung Fu school in Cupertino, and the upcoming March ballot measure for the Library Joint Powers Authority. CLOSED SESSION 26. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. The City Attorney announced that no closed session was necessary at this time. ADJOURNMENT At 10:45 p.m. Council adjourned to a study session on October 17 at 1:00 p.m. at Blackberry Farm Retreat Center, 21975 San Fernando Ave., for a Council team-building workshop. 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. 03-189 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 OCTOBER 3, 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: Director of Administrative Services ' PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20tl'day of October ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino io/o~/o~ ACCOL~FTING PERIOD: 4/04 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.tran$_date between .09/29/2003. and ',10/03/2003,, CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 603076 V 08/08/03 2974 PERFORi~CE CONTRACTING 5708510 1020 603076 V 08/08/03 2974 PERFOR~CE CONTRACTING 8708510 1020 603076 V 08/08/03 2974 PERFOP34~CE CONTR3%CTING 4269212 TOTAL CHECK 1020 603676 V 09/12/03 2232 CARIAGA, LOURDES 110 1020 603676 V 09/12/03 2232 CARIAGA, LOURDES 110 TOTAL CHECK 1020 603732 V 09/12/03 2300 BARB;~qA LArY/ 5506549 1020 603932 V 09/26/03 2232 CARIAGA, LOURDES 110 1020 603932 V 09/26/03 2232 C~IAGA, LOORDES 110 TOTAL CHECK 1020 604053 10/03/03 2110 ABC BACKFLOW TESTING REP 1108407 1020 604054 10/03/03 1795 ~J~L CHEM SUPPLY CO INC 5208003 1020 604054 10/03/03 1795 ALL CHEM SUPPLY CO INC 5208003 TOTAL CHECK 1020 604055 10/03/03 2319 ALL CITY MANAGEMENT SERV 1108201 1020 604056 10/03/03 1519 1020 604056 10/03/03 1518 1020 604056 10/03/03 1519 1020 604056 10/03/03 1519 TOTAL C~ECK ADTREY SUPPLY CO INC 1108303 AUTREY SUPPLY CO INC 1108315 AUTREY SUPPLY CO INC 1108312 AUTREY SUPPLY CO INC 1108314 1020 604057 10/03/03 968 BAP AUTO PARTS 6308840 1020 604058 10/03/03 2013 BAY AREA DISTRIBUTING CO 6308840 1020 604059 10/03/03 I00 BMI IMAGING SYSTEMS 1104300 1020 604060 10/03/03 1145 CALIFORNIA SURVEYING & D 1108101 1020 604061 10/03/03 1476 C~ON DESIGN GROUP 1107301 1020 604061 10/03/03 1476 CA/TNON DESIGN GROUP 110 TOTAL CHECK 1020 604062 10/03/03 2232 C~IAGA, LOURDES 110 1020 604062 10/03/03 2232 CARIAGA, LOUEDES 110 TOTAL C~IECK 1020 604063 10/03/03 1460 TONI CARREIRO 5208003 1020 604064 10/03/03 148 CASH 1020 604064 10/03/03 148 CASH 1020 604064 10/03/03 148 C~H 1020 604064 10/03/03 148 C~H 1104510 1108406 6308840 1108830 ..... DESCRIPTION ...... SALES TAX PAGE AMOUNT SSGARNSMNT 0.00 -103.84 CSGAP. NSMNT 0.00 -306.50 0.00 -410.34 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 SERVICE AGREEMENT FOR FY 2003-2004 OPEN PURC 0.00 WHITE GOAL LINE FIELD 0,00 WHITE GOAL LINE FIELD 0.00 WHITE GOAL LINE FIELD 0~00 WHITE GOAL LINE FIELD 0.00 0.00 ~800.00 -306.50 -410.34 100.00 151.12 98.73 249.85 7487.40 753.52 753.51 753.51 753.51 3014.05 FY 2003-2004 OPEN PURC 0.00 19.49 FLEET EQUPT SUPPLIES 0.00 334.32 FY 2003-2004 OPEN PURC 0.00 232.00 OCE PAPER 0.00 67.00 ARCH REVIEW 7/31 0.00 15.89 ARCE REVIEW R#22640 O.OO 984.41 0.00 1000.00 REPL CK#603676 9/12 0.00 410.34 REPL CK#603932 9/26 0.00 410.34 0.00 820.68 GAP~GE SALE WEB CHGE 0.00 PETTy CASH 9/17-10/1 0.00 PETTY CASH 9/17-10/1 0.00 PETTY CASH 9/17-10/1 0.00 PETTY CASH 9/17-10/1 0.00 87,75 49.71 19.86 47.19 5.00 RUN DATE 10/02/03 TIME 08:29:54 10/02/03 CITY OF CUPEHTINO PAGE 2 ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FU~ SELECTION CRITERIA: transact.trans_date between "09/29/2003" and "10/03/2003" TOTAL CHECK 1020 604065 10/03/03 149 CASH 1103300 1020 604065 10/03/03 149 CASH 1104000 1020 604065 10/03/03 149 CASH 1104400 1020 604065 10/03/03 149 CASH 1107301 1020 604065 10/03/03 149 CASH 4239222 TOTAL CHECK 1020 604066 10/03/03 2210 CEEF/GA~A 1101000 1020 604067 10/03/03 1612 BARRIE D COATE 110 1020 604067 10/03/03 1612 BAP~IE D COATE 110 1020 604067 10/03/03 1612 BARRIE D COATE 110 TOTAL CHECK 1020 604068 10/03/03 3032 CONSTRUCTION TESTING SER 4269212 1020 604069 10/03/03 183 1020 604069 10/03/03 183 TOTAL CHECK COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 1020 604070 10/03/03 1194 COURTESY TOW 6308840 1020 604Q70 10/03/03 1194 COURTESY TOW 6308840 1020 604070 10/03/03 1194 COI/RTESY TOW 6308840 TOTAL CHECK 1020 604071 10/03/03 197 CTC FUNDING, LLC 1101500 1020 604072 10/03/03 192 CUPERTINO MEDICAL CENTER 1104810 1020 604073 10/03/03 194 CUPERTINO SUPPLY INC 5606660 1020 604074 10/03/03 214 DEPARTMENT OF TR3~NSPORTA 1108602 1020 604075 10/03/03 M D}{ULIPA/~, SUBRA 580 1020 604076 10/03/03 223 DON & MIKE'S SWEEPING IN 2308004 1020 604077 10/03/03 225 DONE RIGHT HOOFING & GUT 1108506 1020 604078 10/03/03 2578 ELEMENT K JOURNALS 5506549 1020 604079 10/03/03 253 EXC~GS LINEN SERVICE 5606620 1020 604079 10/03/03 253 EXCHANGE LINEN SERVICE 5606620 1020 604079 10/03/03 253 EXCHANGE LINEN SEHVICE 5606620 TOTAL CHECK 1020 604080 10/03/03 M Ebrahimi, Mohammad 550 1020 604081 10/03/03 261 FEHR & PEERS A~SOC INC 110 ..... DESCRIPTION ...... PETTY C3~SH 9/24-30 PETTY C~H 9/24-30 PET~Z CASH 9/24-30 PETTY CASH 9/24-30 PETTY C~H 9/24-30 M CbLANG & S JAMES ARBORIST REV R#22645 ARBORIST REV R#22943 ARBORIST REV H#23222 PUBLIC WOHKS CONTRACT PROF SVC 9/1 9/21 R#21032 GEO REVIEW FY 2003 2004 OPEN PORC FY 2003-2004 OPEN pLrRc FY 2003-2004 OPEN PURC OFFICE HENT AT 10320 S PX DOT PHYSICAL MISC SUPPLIES FY 2003-2004 OPEN PURC . Hefund: Check - REFLTND SEPT SWEEPING SVC LABOR INSTALL SIDING FY 2003-2008 OPEN PURC Hefund: Check - Surf t R#22324 TRANS CONSULT SALES TAX 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 O.0O 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 AMOb/qT 121.76 33.16 15.00 43.11 24.44 13.00 128.71 270.00 302.50 294.15 292.28 888.'93 1382.00 1855.00 100.00 1955.00 65.00 55.00 55.00 175.00 4569.00 55,00 230.83 92.96 100.00 11173,39 170.00 67.00 135.92 70.50 232.81 439.23 25.00 7334.62 RUN DATE 10/02/03 TIME 08:29:54 ~ FINANCIAL ACCOUNTING 10/02/03 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBLrRSEP4ENT FL~ SELECTION CRITERIA: transact.~rans_date between "09/29/2003" and "10/03/2003" 1020 604081 10/03/03 261 FE~IR & PEERS ASSOC INC 110 TOTA/~ ClqECK 1020 604082 10/03/03 2361 FIRST BANKCARD 1020 604082 10/03/03 2361 FIRST BANKCARD 1020 604082 10/03/03 2361 FIRST BANKC~D 1020 604082 10/03/03 2361 FIRST EANKCARD TOTkL CHECK 1108506 1108503 1108506 1108501 1020 604083 10/03/03 2361 FIRST 1020 604083 10/03/03 2361 FIRST BANKCA~RD TOTAL CHECK 1104000 1020 604084 10/03/03 2361 FIRST BP~NKClkRD 1020 604084 10/03/03 2361 FIRST BA~NKCARD 1020 604084 10/03/03 2361 FIRST BANKC/kRD 1020 604084 10/03/03 2361 FIRST BANKC~uRD TOTAL CHECK 1108503 1108314 4239222 4209546 1020 604085 10/03/03 2361 FIRST B~NKCkRD 1020 604085 10/03/03 2361 FIRST SANKCA~D 1020 604085 10/03/03 2361 FIRST BANKCARD 1020 604085 10/03/03 2361 FIRST B~%NHCAR/D 1020 604085 10/03/03 2361 FIRST B~2~KC3kRD TOTAL CHECK 1106647 5806349 1101065 1101065 1106265 1020 604086 10/03/03 2361 FIRST B;~NKC~%RD 1020 604086 10/03/03 2361 FIRST BANKC~iD 1020 604086 10/03/03 2361 FIRST BANKCOkRD 1020 504086 10/03/03 2361 FIRST BANKCARD TOTAL CHECK 1104000 4259212 6104800 5606640 1020 604087 10/03/03 2361 FIRST B/%NKC/kPdD 1020 604087 10/03/03 2361 FIRST BANKCARD TOTAL CHECK 1108501 4209546 1020 604088 10/03/03 2361 FIRST B;%NKC~ 1020 604088 10/03/03 2361 FIRST BANKCOkRD 1020 604088 10/03/03 2361 FIRST B/~NKCARD 1020 604088 10/03/03 2361 FIRST BkNKC/%RD 1020 604088 10/03/03 2361 FIRST B;~NKCAR/~ TOTAL C~CK 5806649 5606620 5606620 5606640 1106647 1020 604089 10/03/03 2361 FIRST B/%NKCARD 1020 604089 10/03/03 2361 FIRST BANKC3%RD 1020 604089 10/03/03 2361 FIRST BANKCA-RD 1020 604089 10/03/03 2361 FIRST BA/~KCAJiD 1020 604089 10/03/03 2361 FIRST BANKCAP~ 1020 604089 10/03/03 2361 FIRST B~-NKCARD i020 604089 10/03/03 2361 FIRST B~/~KC~D TOTAL CHECK 1104001 1103500 1103500 1103500 1103500 1101201 1103500 ..... DESCRIPTION R#22324 TPOkNS CONSULT SEPT STMT SEPT STMT SEPT STMT SEPT STMT COUNCIL DINNER FLORIST SEPT ST1MT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT ST~4T SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT SEPT STMT 0.00 5277.25 0.00 12611.87 0.00 38.06 0.00 35.99 0.00 51.86 0.00 173.86 0.00 299.77 0.00 95.40 0.00 63.86 0.00 159.26 0.00 205.13 0.00 1398.71 0.00 43.28 0.00 41.16 0.00 1688.28 0.00 33,20 O.OO 277.17 0.00 35.00 0.00 265.74 0.00 16.39 0.00 627.50 0.00 47.80 0,00 15.95 0.00 223.86 0.00 45.95 0.00 333.56 0.00 49.55 0.00 15.59 0.00 65.14 0.00 240.29 0.00 105.59 0.00 786.21 0.00 412.98 0.00 105.14 0.00 1650.21 LEAGUE OF CA ~[ANDBOOK 0.00 22.00 ONI PC OFFICE NATION 0.00 519.26 DATA DIRECT NETWORK 0.00 1272.58 A~ZON.COM VIDEO 0.00 353.32 B&H PHOTO VIDEO 0.00 94.80 WHOLE FOOD 5C SUPPLIE 0.00 14.97 US PL~kSTIC CORO VIDEO 0.00 110.28 0.00 2387.2I RLrN DATE 10/02/03 TITLE 08:29:54 - FINANCIAL ACCOIE~TING 10/02/03 CI/~f OF CUPERTINO ACCOUNTING PERIOD: 4/04 C~ECK REGISTER - DISBURSE~4ENT FLP~D SELECTION CRITERIA: transact.trans_date between -09/29/2003" and "10/03/2003', FLrhrD - 110 - GE~FER3~L FLqTD CASE ACCT CNECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT PAGE 4 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 604090 10/83/03 2361 FIRST BANKCARD 1108201 1020 604091 10/03/03 2361 FIRST BANKC3%RD 1108507 1020 604091 10/03/03 2361 FIRST BANKCARD 1108501 1020 604091 10/03/03 2361 FIRST BAMKCARD 5708510 1020 604091 10/03/03 2361 FIRST BANKCARD 1108505 TOTAL CBECK 1020 604092 10/03/03 2977 FLUKE Nq~TWORKS INC 6109856 1020 604093 10/03/03 281 GARDENI~ 1108407 1020 604093 10/03/03 281 GA~DE~%rI~ 1108407 1020 604093 10/03/03 281 GAXDENI~kND 6308840 TOTAL CNECK 1020 604094 10/03/03 M2004 1020 604095 10/03/03 291 1020 604096 10/03/03 1741 1020 604096 10/03/03 1741 1020 604096 10/03/03 1741 1020 604096 10/03/03 1741 TOT~J~ CBECK 1020 604097 10/03/03 298 1020 604097 10/03/03 298 1020 604097 10/03/03 298 1020 604097 10/03/03 298 TOTAL C~ECK 1020 604098 10/03/03 M 1020 604099 10/03/83 1898 1020 604099 10/03/03 1898 1020 604099 10/03/03 1898 TOTAL CHECK 1020 604100 1020 604101 1020 604102 1020 604103 1020 604103 1020 604103 TOTAL CHECK 10/03/03 2027 10/03/03 M2004 10/03/03 2090 10/03/03 2181 10/03/03 2181 I0/03/03 2181 1020 604104 10/03/03 M2004 GOLDEN TOUCH I~SCAPING 1108314 GOVCONNECTION INC. 6104800 GOVCONNECTION INC. 1104400 GOVCONNECTION INC. 1104400 GOVCON1FECTION INC. 6104800 GRAINGER INC 6308840 GRAINGER INC 1106505 GP. AINGER INC 1108503 GP. AINGER INC 1108503 GU~ASCIO, KAY 580 AUTOMATIC RAIN CO. 1108314 AUTOMATIC RAIN CO. 1108314 AUTOMATIC RAIN CO. 1108407 MARSMA BOVEY 1104400 HUMPHREY, PAT 110 IKON OFFICE SOLUTIONS 1101500 IMSA:INT'L ~3NICIPAL SIG 1108201 IMSA:INT'L MI3NICIPAL SIG 1108201 IMSA:INT'L ~g3NICIPAL SIG 1108201 IRWIN SAVODNIK M.D.;~ND 1104511 SEPT STMT 0.00 65.28 SEPT STMT 0.00 418.13 SEPT STM~ 0.00 99.99 SEPT S%~4T 0.00 64.97 SEPT STMT 0.00 144.31 0.00 727.40 OPTIVIEW CONSOLE AA*D S 0.00 11906.25 POLE PRLrNER 0.00 536.01 FUEL CAM A~D FOAM EAR 0.00 54.22 FY 2003-2004 OPEN PURC 0.00 126.18 0.00 716.41 ENC BOND R22086 0.00 500.00 ORCHARD MAINT VARIAN 0.00 2571.00 ADOBE ACROBAT A/TD FILE 0.00 219.00 ADOBE ACROBAT A~rD FILE 0.00 561.07 ADOBE ACROBAT ~ FILE 0.00 40.80 ADOBE ACROBAT ~ FILE 0.00 3011.18 FY 2003-2004 OPEN PURC 0.00 93.04 PY 2003-2004 OPEN PURC 0.00 97.37 FY 2003-2004 OPEN PURC 0.00 30.02 FY 2003-2004 OPEN PUNC 0.00 56.56 0.00 276.99 Refund: Check - FALL; 0.00 100.00 FY 2003-2004 OPEN PURC 0.00 152.60 FY 2003-2004 OPEN PURC 0.00 1313.82 FY 2003-2004 OPEN PI/RC 0.00 274.20 0.00 1740.62 VHS TAPES 0.00 60.46 REFD A/~BORIST DEPOSIT 0.00 697.50 CAMON COPIER 9/21/03 0.00 383.48 RON SILVA DUES 0.00 40.00 SHAWN TOGNETTI DUES 0.00 40.00 ANTHONY PRONI DUES 0.00 40.00 0.00 120.00 D~3TY FTNS EVAL 8/21 0.00 750.00 RUN DATE 10/02/03 TIME 08:29:54 10/02/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISB~/RSEMENT FL~ SELECTION CRITERIA: transact.trans_date between "09/29/2003" and "10/03/~003" FLS~D - 110 - GENERAL CASH ACCT CEECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 604105 10/03/03 M JIA~G, XINGlq3 580 I020 604106 10/03/03 M ~3%NIY~, SADANA~/DA24 580 1020 604107 10/03/03 M ~OLCZA~K, ELIZABE/"H 580 1020 604108 10/03/03 382 DAYTON PRINTING INC. 5506549 1020 604109 10/03/03 M Koser, Dolores 550 1020 604110 10/03/03 2300 BARBA~{A LAUX 5506549 1020 604111 10/03/03 M LI, KE 580 1020 604112 10/03/03 400 LIFETIME TENNIS INC 5706450 1020 604113 10/03/03 M LOCKWOOD, J~/LIA 580 1020 604114 10/03/03 408 LOS GATOS MEAT & SMOKEEO 5606620 1020 604114 10/03/03 408 LOS GATOS MEAT & SMOKEEO 5606620 TOTAL CHECK 1020 604115 10/03/03 2912 LUCKY I & I PORT~LE SER 5208003 1020 604116 10/03/03 1463 MAACO AUTO PAINTING & BO 6308840 1020 604117 10/03/03 1599 ~LNAGED HF~ILTH NETWORK I 1104510 1020 604118 10/03/03 M McAuliffe, Hazel 550 1020 604119 10/03/03 2862 NATURE WOK 5506549 1020 604120 10/03/03 M2004 NVB EQUIPMENT INC 5308840 1020 604120 10/03/03 M2004 NVB EQUIPMENT INC 6308840 1020 604120 10/03/03 M2004 ~EQUIP~ENT INC 6309840 TOTAL CHECK 1020 604121 10/03/03 M Nishihara, Dena M. 550 1020 604122 10/03/03 493 OFFICE DEPOT 1104510 1020 604122 10/03/03 493 OFFICE DEPOT 1104510 1020 604122 10/03/03 493 OFFICE DEPOT 9806249 TOTAL CEECK 1020 604123 10/03/03 494 OFFICE DEPOT, INC. 1101500 1020 604124 10/03/03 1190 RON;LLD OLDS 1103500 1020 604125 10/03/03 510 P.D.M. STEEL 1104400 DESCRIPTION ...... SALES TAX Refund: Check - FA~L; Refund: Check - FALL; Refund: Check - FALL; OCT NEWLETTER Refund: Check ~ Intro SERVICE AGREEMENT FOR Refund: Check - FALL; SERVICE AGREEMENT FOR P~EFD: 232761 & 232762 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC RENTAL 9/14 LA~OR MATERIALS OCT 1 TO 30 PREMIUM Refund: Check - cannot WED LUNCH 10/1 A/C REPAIR #114 A/C REPAIR ~117 SUPPLIES Refund: Check - USS Po EMPLYEE COFFEE EMPYEE COFFEE ENVELOPS ~KERS BOOKCASE SERVICE AGREEMENT FOE SUPPLIES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.O0 O.OO O.O0 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 PAGE 5 AMOUNT 89.50 76.00 43.00 941.78 55.00 800.00 159.33 96936.23 290.00 914.15 320.67 1234.82 92.01 2259.53 933.00 60,00 97.41 200.00 409.90 634.76 1244.66 96.79 43,36 90.36 230.51 324.74 273.12 440.75 RUN DATE 10/02/03 TIME 08:29:54 - FINANCIAL ACCOU~ING 10/02/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/04 C~ECK REGISTER - DISBURSEMENT FLr~ SELECTION CRITERIA: transac~.cran$_date between "09/29/2003" and "10/03/2003" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 604127 1020 604127 TOTAL C~ECK 1020 604128 1020 604128 1020 604128 1020 604128 1020 604128 TOTAL CNECK 1020 604129 1020 604130 1020 604131 1020 604132 1020 604133 1020 604134 1020 604134 TOTAL CHECK 1020 604135 1020 604136 1020 604137 1020 604139 I020 604139 1020 604140 1020 604141 1020 604142 1020 604142 1020 604142 1020 604142 1020 604142 1020 604142 TOT~kL CHECK 1020 604143 1020 604144 1020 604144 10/03/03 1528 I0/03/03 1528 10/03/03 1528 i0/03/03 1528 10/03/03 1528 10/03/03 M2004 10/03/03 M 10/03/03 M 10/03/03 526 10/03/03 690 10/03/03 2974 10/03/03 2974 PACIFIC UTILITY EQUIPMEN 6308840 PACIFIC UTILITY EQUIPMEN 6308840 PACIFIC UTILITY EQUIPMEN 6308840 PACIFIC UTILITY EQUIPMEN 6308840 PACIFIC UTILITY EQUIPMEN 6308840 PACIFIC WOMEN'S GOLF ASS 5606640 PAN, EVA 580 PATRAK, C~IA~U 580 PENINSUI~ DIGITAL IMAGIN 4239222 PENINSULA FORD 6308840 PERFORMA~NCE CONTRACTING 5708510 PERFOR/W~CE CONTP~kCTING 4269212 10/03/03 2914 10/03/03 M 10/03/03 545 10/03/03 2661 10/03/03 2802 10/03/03 M 10/03/03 M2004 10/03/03 594 10/03/03 594 10/03/03 594 10/03/03 594 10/03/03 598 10/03/03 594 FERMA-GREEN SUPREME INC. 6308840 PETERSON, LISA 580 JEFF PISERCHIO 5606640 PROFESSIONAL TURF MG~HT?, 5606640 QUANTUM DESIGN 6109856 10/03/03 10/03/03 10/03/03 2482 ROBERT HALF TECH/qOLOGY 6104800 2043 RUDE'S PEST MANAGEMENT 1108506 2043 RUDE'S PEST MANAGEMENT 1108321 DESCRIPTION ...... SALES TAX ST LIGHTS 8/22 9/22 0.00 RICOCHET 8/22-9/22 0.00 0.00 WORK ORDERS FOR 060 DO 0.00 WORK ORDERS FOR 060 DO 0.00 WORK ORDERS FOR 060 DO 0.00 WORK ORDERS FOR 060 DO 0.00 WORK ORDERS FOR 060 DO 0.00 0.00 COURSE RATING 9 HOLES 0.00 Refund: Check - FkLL; 0.00 Refund: Check - F~JoL; 0.00 CC&L AV PHOJ PLAN 0.00 FY 2003-2004 OPEN PURC 0.00 TIME MATRL C.O.2&3 I~OR AND MATERIAL TO 0.00 0.00 0.00 AIR FILTER 0.00 Refund: Check - FALL; 0.00 SERVICE AGREEMENT FOR 0.00 TECH SUPP WE 9/19 0.00 PEST CONTROL SVC 0.00 PEST CONTROL SVC 0.00 ~AGE 6 AMOUNT 13840.37 234.99 14075.36 409.75 356.50 304.87 356.50 950.83 2378.45 50.00 39.00 184.00 284.19 19.87 1086.14 2865.53 3951.67 17.83 192.00 1956.00 14947.92 1500.00 78.00 83.89 2666.66 964.22 964.22 2666.66 964.22 2666.66 10892.64 1494.00 150.00 150.00 RUN DATE 10/02/03 TIME 08:29:54 10/02/03 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FDND SELECTION CRITERIA: transact.Crans_date becween "09/29/2003" and "10/03/2003" CASH ACCT CHECK NO ISSUE DT ............. VENDOR ............ FUND/DEPT 1020 604144 10/03/03 2043 RLT~E'S PEST ~J~NAGEMENT 1108503 1020 604144 10/03/03 2043 RU~E'S PEST M3%NAGEMENT 1108504 1020 604144 10/03/03 2043 REYDE'S PEST ~AGEMENT 1108505 1020 604144 10/03/03 2043 RUDE~S PEST MANAGEHENT 1108506 1020 604144 10/03/03 2043 RUDE'S PEST MANAGEMENT 5708510 TOTAL CHECK 1020 604145 10/03/03 1636 SA~A CLA~ CTY SHERIFF 1104510 1020 604146 10/03/03 633 1020 604146 10/03/03 633 1020 604146 10/03/03 633 TOTAL CHECK SANTA CLARA COUNTY SRERI 5606620 SANTA CLARA CO~/NTY SHERI 5606620 SANTA CI3tRA COONTY SHERI 5606620 1020 604147 10/03/03 2875 SAVIN CREDIT CORP 1104310 1020 604149 10/03/03 652 SIERRA SPRINGS WATER CO. 1101500 1020 604150 10/03/03 653 SIGN CITY 1104400 1020 604151 10/03/03 2810 SMART & FINAL 5806349 1020 604152 10/03/03 M SUNG, SUSAN 580 1020 604153 10/03/03 529 1020 604153 10/03/03 529 TOTAL CHECK SL~G~J~D PENTA~TION, INC 6104800 SUNGAB/D PENTAMATION, INC 6104800 1026 604154 10/03/03 2863 SUNNYVALE-CUPERTINO 1101500 1020 604155 10/03/03 M SUR~SH, VA/WI 580 1020 604156 10/03/03 2045 SVCN 1020 604156 10/03/03 2045 SVUN 1020 604156 10/03/03 2045 SVCN TOTAL CHECK 5208003 5208003 5208003 1020 604157 10/03/03 695 1020 604157 10/03/03 695 1020 604157 10/01/03 695 1020 604157 10/03/03 695 1020 604157 10/03/03 695 1020 604157 10/03/03 695 1020 604157 10/03/03 695 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 SYSCO FOOD SERVICES OF S 1106500 SYSCO FOOD SERVICES OF S 5506549 1020 604158 10/03/03 M Srivastava, Manoj 550 1020 604159 10/03/03 M Strom, Joyce 550 1020 604160 10/03/03 724 TURF & INDUSTRIAL EQUIPM 5606620 ..... DESCRIPTION ...... SALES TAX AMOUNT PEST CONTROL SVC 0.00 150.00 PEST CONTROL SVC 0.00 150.00 PEST CONTROL SVC 0.00 150.00 PEST CONTROL SVC 0.00 150.00 ~ TREATMENT 0.00 175.00 0.00 1075.00 AUG 03 FGPRT 9 APPTS 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003 2004 OPEN PDRC 0.00 0.00 FY 2003-2004 OPEN PURC 0.00 WATER SERVICE SEPT 03 0.00 0.00 0.00 CERT DECALS PRESCHOOL SUPPLIES Refund: Check - FALL; 0.00 162.00 677,08 1015.62 677.08 2369.78 1519.79 27.87 185.25 127.65 55.00 ~INT RENEWAL OCT 03 0.00 17824.78 SFWR 5~AINT SUPPORT 0.00 619.62 0.00 18444.40 OCT 6 MONTLY MCLE MTG 0.00 Refund: Check - FALL; 0.00 28.00 91.09 1/4 SQ COMPOST 0.00 252.00 1/4 SQ GAUGE SALE AD 0.00 429.00 1/4 SQ GARAGE SALE AD 0.00 429.00 FY 2003-2004 OPEN PURC 0.00 748.83 FY 2003-2004 OPEN PURC 0.00 -35.00 FY 2003-2004 OPEN PURC 0.00 894.18 CAKE LOAF SHEET 0.00 181.30 DINiqER ROLL 0.00 85.43 SUPPLIES 0.00 70.69 EMPLYEE COFFEE 0.00 32.23 0.00 1977.66 Refund: Check - Cancel 0.00 Refund: Check - PACE T 0,00 750.00 25.00 PARTS 0.00 195.28 RUN DATE 10/02/03 TIME 08:29:54 FINANCIAL ACCOLTRTING 10/02/03 CITY OF C~PERTINO ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FLrND SELECTION CRITERIA: transact.trans_date between "09/29/2003" and "10/03/2003" 1020 604161 10/03/03 1578 UNITED RENTALS 2708404 1020 604162 10/03/03 2584 ONIVERS~-L DI~kLOG, INC. 1103300 1020 604163 10/03/03 M Ut~arwar, Veena 550 1020 604164 10/03/03 M VETRY, MIYUKI 580 1020 604165 10/03/03 750 VISION SERVICE PL~ (CA) 110 1020 804166 10/03/03 M Van Epps, Samantha 550 1020 604167 10/03/03 M Vilen, June 550 1020 604168 10/03/03 2904 WEBEX CO~ICATIONS INC 6104800 1020 604169 10/03/03 2856 WESCO GP, APKSCS 5806349 1020 604170 10/03/03 779 WEST-LITE SUPPLY CO INC 1108501 1020 604171 10/03/03 778 WESTEP~ PACIFIC SIGNAL L 1108602 1020 604172 10/03/03 M XIE, PEIJUAN 580 1020 604173 10/03/03 982 LINDA YELAVICB 5506549 1020 604174 10/03/03 M k/3~, SOPHIA 580 1020 604175 10/03/03 M Young, Siu 550 1020 604176 10/03/03 M ZH3~G, Yt3ANPENG 580 TOTAL CAMR ACCOLrNT TOTAL FUND TOTAL REPORT PAGE ..... DESCRIPTION ...... SALES TAX AMOUNT BL~K SIGNS 0.00 265.21 TP~SI~TSON 7/2348/23 0.00 4457.70 Refund: Check - Beyond 0.00 125.00 Refund: Check - F~.LL P 0.00 822.00 VISION OCT 2003 0.00 2184.32 Refund: Check - Deposi 0.00 750.00 Refund: Check - USS Po 0.00 116.00 MONTHLY 4 LICENSE 0.00 600.00 AFTERSUNL BROCHURE 0.00 3093.76 SUPPLIES 0.00 32.42 REPAIR UPGP~kDE V6I 0.00 1244.88 Refund: Check - FALL; 0.00 36.00 VOL LUNCH SUPPLIES 0.00 87.74 Refund: Check - FALL; 0.00 95.00 Refund: Check - Basic 0.08 60.00 Refund: Check - FALL; 0.00 39.00 0.00 274949.26 0.00 274949.26 0.00 274949.26 RUN DATE 10/02/03 TIME 08:29:54 DRAFT RESOLUTION NO. 03-19o 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 OCTOBER 10, 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: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of October ,2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~o/os/o3 ACCOUNTING PERIOD: SELECTION CRITERIA; CITY OF CUPERTINO 4/04 CHECK REGISTER - DISBURSE~tENT FL~ FUND - 110 - GENEP-~ FTJ~ CASH ACCT CEECK NO 1020 604070 V 1020 604070 V 1020 804070 V TOTAL CHECK 1020 604177 1020 604177 TOTAL CHECK 1020 604178 1020 604178 1020 604178 TOTAL CHECK 1020 804179 1020 604180 1020 604181 1020 604181 TOTAL CHECK 1020 604182 1020 604182 TOTAL CHECK 1020 604183 1020 604183 1020 604183 1020 604183 TOTAL CHECK 1020 604184 1020 604185 1020 604186 1020 604186 TOTAL C~ECK 10/03/03 1194 COLrRTESY TOW 6308840 10/03/03 1194 COURTESY TOW 6308840 10/03/03 1194 COURTESY TOW 6308840 10/10/03 1695 3M 2708405 10/10/03 1695 3M 2708405 10/10/03 M2004 A PERFECT CLIMATE 1100000 10/10/03 M2004 A PERFECT CLIM3~TE 1100000 10/10/03 M2004 A PERFECT CLIMATE 110 10/10/03 2259 10/10/03 2110 10/10/03 2982 10/10/03 2982 10/10/03 3057 10/10/03 3057 A-1 FENCE, INC. 1108314 ADC BACKFLOW TESTING REP 1108314 ABLE OlkrDERGROUNID 2109612 ADLE UNDERGROUND 2109612 10/10/03 2298 10/10/03 2298 10/10/03 2298 10/10/03 2298 APPLIED MICROFILM SYS., 1104300 APPLIED MICROFILm4 SYS., 1104300 10/10/03 96 10/10/03 M 10/10/03 100 lO/18/o3 1oo ~CH WIRELESS 1104400 ARCH WIRELESS 1108501 ADURWIRELESS 1108602 ADCH WIRELESS 1106265 1020 604187 10/10/03 2682 1020 604188 10/10/03 127 1020 604169 10/10/03 i30 1020 604190 10/10/03 1476 1020 604191 10/10/03 2232 1020 604191 10/10/03 2232 TOTAL CHECK ~d~ROWHEAD MTN SPRING WAT 5606620 BAGE, KSHA~ 580 SMI IMAGING SYSTEMS 1104300 BMI IMAGING SYSTEMS 1104300 CkLIFORNIA CAD SOLUTIONS 6109853 THE CALIFOP. NIA CKANNEL 1103500 CALIFORNIA pADK AZ~D RECR 5806449 CA/~NON DESIGN GROUP 110 CARIAGA, LOURDES 110 CARIAGA, LOURDES 110 ..... DESCRIPTION ...... SALES TAX FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC O.O0 0.00 YELLOW GREEN SHEETING 0.00 YELLOW GREEN SHEETING 0.00 0.00 DUPLICATE PERMIT RFD 0.00 DUPLICATE PEP. MIT RFD 0.00 DUPLICATE PERMIT RFD 0.00 0.00 COMPLETE ITEM #2 AND 3 BACKFLOW TESTING REPAIR STORM DRAIN PER REPAIR STORM DRAIN PER TONER/MOCROFILM MC~NE REPAIRS/MICROFILM MCH EMPLOYEE DRINKING WTR Refund: Check - REFD/TD FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC DATA CONVERSION 16549 PROGP~ING 0CT2003 RENEWAL/C.MANNING ADCRITECT REVW REFD 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 O.O0 PAGE 1 AMOUNT -55.00 -55.00 -65.00 -175.00 107.36 495.70 603.06 23.10 85.40 0.50 109.00 5100.00 150.00 4607.50 1096.06 5703.56 56.42 102.50 158.92 19.13 80.19 18.52 11.53 99.37 188.96 100.00 186.19 1736.97 150.00 253.34 130.00 1421.20 306.50 103.84 410.34 RUN DATE 10/09/03 TIME 11:31:14 - FIN;tNCIAL ACCOUNTING 10/09/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tra~sact.~rans_date between "10/06/2003" and "10/10/2003" FUND - 110 - GENEP~LL FI/ND PAGE 2 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 604192 10/10/03 144 CASH 5606640 1020 604192 10/10/03 144 CASE 1106647 1020 604192 10/10/03 144 CASH 5606620 1820 604192 10/10/03 144 CASE 5606620 TOTAL CHECK 1020 604193 10/10/03 149 C~E 1101000 1020 604193 10/10/83 149 CASE 1101201 1020 604193 10/10/03 149 CASH 1104000 1020 604193 10/10/03 149 C/%SH 1104100 1020 604193 10/10/03 149 CASH 1104300 1020 604193 10/10/03 149 CASH 1104310 1020 604193 10/10/03 149 CASH 1106100 1820 604193 10/10/03 149 C3%SH 1107501 1020 604193 10/10/03 149 C/~SH 1104000 1020 604193 10/10/03 149 CASH 2308004 1020 604193 10/10/03 149 CASH 6104800 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 604194 10/10/03 155 604195 10/10/03 1057 604195 10/10/03 1057 CENTP~kL WHOLESALE NL~SER 1108407 CERIDIAM BENEFITS SERVIC 110 CERIDIA~I BENEFITS SERVIC 1020 604196 10/10/03 1156 CHA 110 1020 604197 10/10/03 M2004 CHINESE HISTORICAL & 1101000 1020 604198 10/10/03 170 GEORGE MACFAR/~AklE CLOWAR 5806249 1020 604199 10/10/03 1612 BARRIE D COATE 110 1020 604200 10/10/03 178 COLONIAL LIFE & ACCIDENT 110 1020 604201 10/10/03 1194 COURTESY TOW 6308880 1020 604201 10/10/03 1194 COCHTESY TOW 6308840 1020 604201 10/10/03 1194 COCHTESY TOW 6308840 TOTAL CHECK 1020 604202 10/10/03 184 JAMES COURTNEY 5606620 604203 10/10/03 194 C"JPERTIN0 SUPPLY INC 5606620 604203 10/10/03 194 CUPERTINO SUPPLY INC 1108314 1020 1020 TOTAL CEECK I020 604204 10/10/03 M2084 1020 604206 10/10/03 210 DATACOM ~%RKETING 1106265 DEEP CLIFF A~SOCIATES L 5806449 PETTY CASH 6/04-9/26 0.00 61.18 PETTY CASH 6/04-9/26 0.00 127.54 PETTY CASH 6/04-9/26 0.00 2.91 PETTY CiLSH 6/04-9/26 0.00 34.23 0.00 225.86 PETTY CASE 10/01-07 0.00 10.00 PETTY CASE 10/01~07 8.00 14.97 PETTY CASE 10/01-07 0.00 13.80 PETTY CASE 10/01-07 0.00 13.80 PETTY CASH 10/01-07 0.00 13.80 PETTY CASH 10/01-07 8.00 6.38 PETTY CASH 10/81-07 0.00 13.80 PETTY CASE I0/01-07 0.00 32.46 PETTY CASH 10/01-07 0.00 28.99 PETTY C~E 10/01-07 0.00 14.98 PETTY CASE 10/01-07 0.00 13.80 0.00 176.78 I2M~DSCAPE SPLY 425250 *FLEX DEP/240125 *FLEX HLTE/240125 0.00 313.93 0.00 349.94 0.00 522.42 0.00 872.36 CHA 0.00 129.85 4 GUESTS 0.00 400.00 SERVICE AGREEMENT FOR 0.00 285.00 ARBORIST REVW R22275 0.00 272.95 *COLONIAL/ET013899 0.00 522.66 FY 2003-2004 OPEN PDRC 0.00 65.00 FY 2003-2004 OPEN PURC 0.00 65.00 FY 2003-2004 OPEN PURC 0.00 55.00 O.O0 185.00 SERVICE AGREENtENT FOR FY 2003 2004 OPEN PURC FY 2003'2004 OPEN PURC DATACOM BUSINESS DIRC SERVICE AGREEMENT FOE 0.00 300.00 0.00 125.85 8,00 27.84 0.00 153,69 0.00 449.00 0.00 3940.00 RUN DATE 10/09/03 TIME 11:31:14 - FINANCIAL ACCOUNTING 10/09/03 CITY OF CUPERTIN0 PAGE 3 ACCOLR~TING PERIOD: 4/04 CHECK REGISTER - DISBI/RSEMENT FL~ SELECTION CRITERIA: transact.trans_date between -10/06/2003- and "IQ/10/2003" ISSUE DT .............. VENDOR ............. FUND / DEIET DEPART~NT OF CONSERVATI 110 DEP~JlTMENT OF CONSERVATI 1100000 DEPARTMENT OF CONSERVATI 110 DISPENSING TECHNOLOGY 2708404 DUBAY'S TIRE SERVICE INC 6308840 EMPLO~ENT DEVEL DEPT 110 EMPLO~ENT DEVELOPMENT I10 ENGINEERING DATA SERVICE 1104300 ESBRO CHEMICAL 5606620 ESBRO CHEMICAL 5606620 EXC~kANGE LINEN SERVICE 1106265 FEDEP~L EXPRESS CORE 110 FEHR & PEERS ASSOC INC 110 FIRST BJkNKC3%RD 5506549 FOLGER GRAPHIC INC 1103400 FOSTER BROS SECURITY SYS 1106314 JOH~ FUNG 5806249 G~DENI~ 6308840 GARDENL~ND 1108408 GARDEN~ 1108303 GARDEN~ 1108408 GEORGE'S R3%DIATOR & SERV 6308840 GREGORY B. BRAGG & ;kSSOC 6204550 GGNGOR PROD/N;~RRATOR ~ 1103500 IAANDS ON LE;~qNING 5806349 EEkLTE CARE DENTAL TRUST 110 EE~TE C-ARE DENTAL TRUST II0 RE;kL~ C~E DENTAL TRUST 110 ..... DESCRIPTION SEISMIC FEES 7/1-9/30 SEISMIC FEES 7/1-9/30 SEISMIC FEES 7/1-9/30 SUPPLIES A25247 BRAKE JOB ]%25251 SDI/776-5260-0 POBLIC HEARING NOTICE FY 2003-2004 OPEN PHNC FY 2003 2004 OPEN PURC SPECIAL EVENT LINENS COURIER SERVICE BA~CE/CONSOLTANTS SEPT2003 STATEMENT OCTOBER 2003 SCENE SUPPLIES SERVICE AGREEMENT FOR FY 2003-2004 OPEN PORC PARTS/SUPPLIES A25242 PARTS/SUPPLIES 15889 P~TS/SUPPLIES A25241 HEATER CORE A25252 REVIEW SERV AUG2003 SCIENCE KITS FOR FALL L~Ep 1539-0004 OE3 1539-0005 CEA 1539-0006 AMOUNT 1372.60 2618.87 420.46 18163.59 576.25 452.52 384.48 837.00 61.36 17.74 640.00 76.80 2859.71 399.49 145.50 207.79 173.31 313.82 488.45 1183.37 411.62 1727.10 499.00 1873.80 3723.02 4117.68 6431.89 14272.59 RUN DATE 10/09/03 TIME 11:31:15 - FINANCIJkL ACCOUNTING 10/09/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBLrRSE~IEI~ FL~ SELECTION CRITERIA: transact.trans_dace between "10/06/2003" and "10/10/2003" CASH ACCT CMECK NO ISSUE DT .............. ~ENDOR ............. FUND/DEPT PAGE 4 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/i0/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 1020 604226 10/10/03 334 TOTAL CHECK 1020 604227 10/10/03 1020 604228 10/10/03 1020 604229 10/10/03 1020 604230 10/10/03 1020 604231 10/10/03 1020 604232 10/10/03 1020 604233 10/10/03 1020 604234 10/10/03 1020 604235 10/10/03 1020 604236 10/10/03 1020 604237 10/10/03 1020 604238 10/i0/03 1020 604239 10/10/03 1020 604240 10/10/03 HO~E DEPOT/GECF 5706450 HOME DEPOTIGECF 1108314 HOME DEPOT~GECF 1108314 HOME DEPOT~GECF 1108312 HOME DEPO' 'GECF 1108312 HOME DEPOT~GECF 5706450 HO~4EDEPOT'GECF 1108315 2360 PETE HOWES 1108201 343 IC~ RETIREMENT TRUST 45 110 2181 IMSA:INT'L MUNICIPAL SIG 1108602 353 IRON MoLrNTAIN 1104300 M2004 JERRY LU 2200000 2285 KATHRY1N KELLY JOESTEN 1106265 710 ICa~EN TOONBS 5806249 M2004 ]~%STELIC, JEANIqIE 5506549 1630 KIDZ LOVE SOCCER INC 5806449 377 PETER KOENLER 5806249 2300 BARBARA LAUN 5506549 3046 KEVIN LEE 5606620 396 PHILLIP M LENIH~ 5806449 3011 M~ING, COLLEEN 5706450 PARTS/SLrPPLIES 23853 0.00 37.56 P~d{TS/SUPPLIES 24189 0.00 52.56 PARTS/SUPPLIES 15691 0.00 97.72 P~kRTS/SUPPLIES 24505 0.00 42.59 PARTS/SUPPLIES 24511 0.00 34.73 PARTS/SUPPLIES 23848 0.00 18.78 P~TS/SUPPLIES 24248 0.00 47.46 PARTS/SUPPLIES 22486 0.00 33.21 P~kRTS/SUPPLIES 24125 0.00 28.11 PARTS/SUPPLIES 15896 0.00 84.91 PARTS/SUPPLIES 13072 0.00 45.79 PARTS/SUPPLIES 15595 0.00 36.74 PA~qTS/SUPPLIES A25207 0.00 42.10 P~kRTS/SUPPLIES 15973 0.00 57.66 P~kRTS/SUPPLIES A25237 0.00 338.78 pARTS/SUPPLIES 20570 0.00 15.07 PARTS/SUPPLIES 20530 0.00 32.66 PARTS/SUPPLIES 15596 0.00 36.74 pARTS/SUPPLIES A~5243 0.00 428.67 PARTS/SUPPLIES 27292 0.00 36.26 PARTS/SUPPLIES 15976 0.00 48.41 O.O0 1596.51 PESTICIDE EXAM CLASS 0.00 1250.00 *IC~ 0.00 6418.26 ;~AL DUNS/K.WOLFE 0.00 50.00 FY 2003 2004 OPEN PUNC 0.00 326.84 TLT REFUND 0.00 250.00 SERVICE AGREEMENT FOR 0.00 125.00 SERVICE AGREEMENT FOR 0.00 1952.20 CLASS MATERIAL PREP 0.00 60.00 SERVICE AGREEMENT FOR 0.00 9061.50 SERVICE AGREEMENT FOR 0.00 136.50 SERVICE AGREEMENT FOR 0.00 800.00 SERVICE AGREEMENT FOR 0.00 320.00 SERVICE AGREEMENT FOR 0.00 178.50 SUPPLIES 0.00 487.97 RLrN DATE 10/09/03 TIME 11:31:15 FINANCIAL ACCOLqT?ING 10/89/03 CITY OF CUPERTINO PAGE 5 ACCOLrNTING PERIOD: 4/04 CHECK REGISTER - DISBDRSEMENT FDND SELECTION CRITERIA: transact.trans_date between .10/06/2003. and "10/10/2003" 1020 604240 10/10/03 3011 M3%~ING, COLLEEN 5706450 TOTAL CHECK 1020 604241 10/10/03 2567 MISDU 110 1020 604242 10/10/03 447 MISSION UNIFORM SERVICE 1108201 1020 604242 10/10/03 447 MISSION UNIFORM SERVICE 1108201 1020 604242 10/10/03 447 MISSION UNIFORM SERVICE 1108201 1020 604242 10/10/03 447 MISSION UNIFORM SERVICE 1108201 1020 604242 10/10/03 447 MISSION UNIFORM SERVICE 1108201 1020 604242 10/10/03 447 MISSION UNIFOP~M SERVICE 1108201 TOTAL CHECK 1020 604243 10/10/03 454 PABLO A MOLINA JR 5606620 1020 604244 10/10/03 2183 MPLC:MOTION PICTURE LICE 5506549 1020 604245 10/10/03 2716 TIA/~A NARRUHN 5606620 1020 604246 10/10/03 302 NATIONAL DEFERRED COMFEN 110 1020 604247 10/10/03 499 DEBBIE O'NEILL 5606620 1020 604248 10/10/03 493 OFFICE DEPOT 1020 604248 10/10/03 493 OFFICE DEPOT 1020 604248 10/10/03 493 OFFICE DEPOT 1020 604248 10/10/03 493 OFFICE DEPOT 1020 604248 10/10/03 493 OFFICE DEPOT 1020 604248 10/10/03 493 OFFICE DEPOT TOTAL CHECK 1103500 1104000 1104400 6104800 1104300 1104300 1020 604249 10/10/03 501 OPERATING ENGINEERS #3 110 1020 604250 10/10/03 500 1020 604250 10/10/03 500 1020 604250 10/10/03 500 TOTAL CHECK OPERATING ENGINEERS PUB 1104510 OPERATING ENGINEERS PUB 110 OPEP~TING ENGINEERS PUB 1104510 1020 604251 10/10/03 981 ORCHA~tD SUPPLY HARDWARE 1108315 1020 604251 10/10/03 981 ORCHARD SUPPLY ~L~DWARE 1108503 1020 604251 10/10/03 981 ORC~L~RD SUPPLY PLARDW~RE 1108407 1020 604251 10/10/03 981 ORCPL~RD SUPPLY HARDWARE 1108407 I020 604251 10/10/03 981 ORC~L%RD SUPPLY I~WARE 1108312 1020 604251 10/10/03 981 ORCHARD SUPPLY HARDWARE 1108303 1020 604251 10/10/03 981 ORC~D SUPPLY }L~RDWARS 1108312 1020 604251 10/10/03 981 ORCPL~ SUPPLY HARDWARE 1108312 1020 604251 10/10/03 981 ORCPLARD SUPPLY ~ARDWARE 1108314 I020 604251 10/10/03 981 OHCM3%RD SUPPLY H~DWARE 1108312 1020 604251 10/10/03 981 OHCNARD SUPPLY HARDWARE 1108312 1020 604251 10/10/03 981 ORCI~SUPPLYHARDWARE 1108409 1020 604251 10/10/03 981 ORCHARD SUPPLY ~LARDWARE 1108407 ..... DESCRIPTION SUPPLIES J TRYBUS 385960533 FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PUNC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PUBC SERVICE AGREEMENT FOR UMBRELLA LICENSE SERVICE AGREEMENT FOR *NAT'L DEF SERVICE AGREEMENT FOR OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES RETIREE EMPLOYEES SPOUSAL PARTS/SUPPLIES 24203 PARTS/SUPPLIES 24159 PARTS/SUPPLIES 24194 PARTS/SUPPLIES A25227 PARTS/SUPPLIES 24244 PARTS/SUPPLIES 20579 PARTS/SUPPLIES 24243 pARTS/SUPPLIES A25236 PARTS/SUPPLIES 27280 PARTS/SUPPLIES 24245 PARTS/SUPPLIES 24247 PARTS/SUPPLIES 24190 PARTS/SUPPLIES 24196 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.O0 0.00 AMOUNT 392.56 880.53 15.6i 4.50 108.00 136.16 108.00 106.00 474.27 480.00 187.00 1120.00 16443.97 237.50 102.30 42.05 26.43 86.59 60.02 67.37 384.76 701.19 898.00 4490.00 4575.00 9963.00 36.75 44.35 59.44 236.81 18.89 26.46 25.95 522.13 43.29 37.78 28.73 23.99 27.03 RUN DATE 10/09/03 TIME 11:31:15 FINANCIAL ACCOUNTING 10/09/03 CITY OF CUPERTINO PAGE 6 ACCO~rNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT SELECTION CRITERIA: transact.trans_date between "10/06/2003" and "10/10/2003" 1020 604251 10/10/03 981 TOTAL CHECK ORCHARD SUPPLY ~L~WARE 1108312 1020 604252 10/10/03 2710 PABL0 ORTEGA 5606620 1020 604253 10/10/03 513 1020 604253 10/10/03 513 TOTAL CHECK PACIFIC GU & ELEC~/RIC ( 1108602 PACIFIC GAS & ELECTRIC ( 1108506 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 513 1020 608254 10/10/03 513 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/10/03 1020 604254 10/i0/03 1020 604254 I0/10/03 1020 604254 10/10/03 1020 604254 10/10/03 TOT;fL CNECK 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GA~S& ELECTRIC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GA~ & ELECTRIC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GAS & ELECTRIC PACIFIC GU & ELECTRIC PACIFIC GAS & ELECTRIC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC G~ & ELECTRIC 513 PACIFIC GA~ & ELECTRIC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GU & ELECTRIC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GAS & ELEC/q{IC 513 PACIFIC G~ & ELEC~IC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GU & ELECTRIC 513 PACIFIC GA~ & ELECTRIC 1188303 1108602 1108312 1108314 1108315 1108407 1108501 1108503 1108504 1108505 1108506 1108507 1108511 1108602 1108830 5208003 5606620 5606640 5708510 1108407 1020 604255 10/10/03 1528 1020 604255 10/10/03 1528 TOTAL C~ECK PACIFIC OTILITY EQUIPMEN 6308840 PACIFIC UTILITY EQUIPMEN 6308840 1020 604256 10/10/03 526 1020 604256 10/10/03 526 1020 604256 10/10/03 526 1020 604256 10/10/03 526 TOTAL CHECK PENINSU~ DIGITAL IMAGIN 110 PENINSULA DIGITAL IMAGIN 1108101 PENINSLr~ DIGITAL IMAGIN 1108101 PENINSULA DIGITAL IMAGIN 4239222 1020 604257 10/10/03 690 PENINSULA FORD 6308840 1020 604258 10/10/03 2247 PENINSULA 0IL COMP~/~ 2708404 1020 604259 10/10/03 3051 P~AMON A pERAZA 5606620 1020 604260 10/10/03 2974 PERFOR/~ANCE CONTRACTING 4259313 i020 604261 10/10/03 533 PERS LONG TER/4 CARE PROG 110 ..... DESCHIPTION ...... PARTS/SUPPLIES 24246 SERVICE AGREEMENT FOR 8/30-9/30 8/28-9/26 8/27-9/28 CREDIT ADJUSIMENT DWR 8/27-9/26 8/27-9/26 8/27 9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27*9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27-9/26 8/27~9/26 8/27-9/26 CREDIT AD0~3STMENT DWR RAPAIRS P~PAIRS IMPROVE PLJ~NS BMP SHEETS SUPPLIES/GATOR FOAM CC&L SUBMITTAL PLA~S FY 2003-2004 OPEN PURC [J%QOER ~INNER~25235 SERVICE AGREEMENT FOR TEMPORARY FENCING FOR PERS LTC/2405 SALES TAX 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUI~T 38.94 1170.54 960.00 2184.48 560.12 290.68 137.71 1180.72 4042.80 1043.61 6733.09 2192.58 73.68 807.96 364.90 1298.62 43.19 8,59 1687.94 178.93 -1405.44 -12250.48 9162.69 1322.02 3072.77 4394.79 51.58 69.82 263.05 34.53 418.98 19.93 402.88 640.00 9931.00 177.24 RT/N DATE 10/09/03 TIME 11:31:15 - FINANCIAL ACCOUNTING 10/09/03 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION C~ITERIA: transact.trans_date between "10/06/2OQ3" and "10/1o/2003, 1020 604262 10/10/03 M2004 PHIIONG & hUYEN LE 2200000 1020 604263 10/10/03 M2004 PRESTON PIPELINES 110 1020 604263 10/10/03 M2004 PRESTON PIPELINES ii00000 1020 604263 10/10/03 M2004 PRESTON PIPELINES 1100000 1020 604263 10/10/03 M2004 PRESTON PIPELINES 1100000 TOTAL C~ECK 1020 604264 10/10/03 2441 RENEE P~SEY 5806249 1020 604265 10/10/03 588 B~i{T RIBOTTA 5606620 1020 604266 10/10/03 2482 ROBERT HAJ~F TEC~OLOGY 6104800 ..... DESCRIPTION ...... SALES TAX AMOUNT TLT REFUND 0.00 250.00 REFL~ OF VOIDED RCPT 0.00 REFUND OF VOIDED RCPT 0.00 REFUND OF VOIDED RCPT 0,80 REFUND OF VOIDED RCPT 0.00 0.00 SERVICE AGREEMENT FOR 0.00 0.00 SERVICE AGREEMENT FOR C.FT/NDERBURK W/E 9/26 0.00 4.20 257.00 273.60 993.65 1528.45 920.00 1225.00 864.00 1020 604267 10/10/03 M2004 SAM LIAO 2200000 TLT REFUI~D 0.00 250.00 8/21 9/22/03 0.00 982.99 8/21-9/22/03 0.00 69.43 8/22-9/22/03 0.00 145.68 6/21-9/22/03 0.00 228.24 8/21-9/22/03 0.00 56.83 8/21-9/22/03 0.00 86.83 8/21-9/22/03 0.00 35.29 8/21 9/22/03 0.00 19.95 8/21-9/22/03 0.00 9.18 8/21-9/22/03 0.00 51.45 8/21-9/22/03 0.00 461.56 8/21-9/22/03 0.00 160.04 6/2149/22/03 0.00 1279.13 8/21-9/22/03 0.00 91.31 8/21-9/22/03 0.00 385.32 8/25-9/23/03 0.00 117.86 8/21-9/22/03 0.00 92.77 8/21-9/22/03 0.00 89.18 6/21-9/22/03 0.00 89.18 8/21-9/22/03 0.00 2835.22 8/21-9/22/03 0.00 31.70 8/21-9/22/03 0.00 3775.07 8/27-9/26/03 0.00 9.00 8/22-9/22/03 0.00 947.09 8/22-9/22/03 0.00 405.06 8/22-9/22/03 0.00 1381.43 8/20-9/22/03 0.00 1883.05 7/31-9/30/03 0.00 2880.69 7/31-9/30/03 O.O0 24.07 7/31-9/30/03 0.00 985.19 8/21-9/22/03 0.00 374.56 8/27-9/26/03 0.00 9.00 8/27-9/26/03 0.00 36.50 8/20-9/19/03 0.00 1344.35 8/2049/19/03 0.00 177.74 1020 604271 10/10/03 625 S~%N JOSE WATER COMPAJ~Y 1108314 1020 604271 10/10/03 625 S/~N JOSE WATER COMPA~ 1108407 1020 604271 10/10/03 625 SAM JOSE WATER COMPAMY 1108407 1020 604271 10/10/03 625 SA/q JOSE WATER COMPAxNY 1108407 1020 604271 10/10/03 625 SA~ JOSE WATER COMPAi~ 1108407 1020 604271 10/10/03 625 SA~ JOSE WATER COMPA/~Y 1108407 1020 604271 10/10/03 625 SA~JOSE WATER COMPA/~Y 1108407 1020 604271 10/10/03 625 SAX JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 S]~NJOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAM JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPA/~Y 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 S;{NJOSE WATER COMP/~NY 1108312 1020 604271 10/10/03 625 SAM JOSE WATER COMP~d~Y 1108407 1020 604271 10/10/03 625 SA/~ JOSE WATER COMPANY 5708510 1020 604271 10/10/03 625 SAN JOSE WATER COMPA~RTY 1108408 1020 604271 10/10/03 625 SAN JOSE WATER COMP~/~Y 1108504 1020 604271 10/10/03 625 SM JOSE WATER COMPA/TY 1108504 1020 604271 10/10/03 628 S~N JOSE WATER COMPANY 1108303 1020 604271 10/10/03 625 SA/~ JOSE WATER COMPANY 1108303 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 5606640 1020 604271 10/10/03 625 SAN JOSE WATER COMPA2~Y 1108504 1020 604271 10/10/03 625 SAN JOSE WATER COMPA/~Y 5606620 1020 604271 10/10/03 625 SAN JOSE WATER COMP~NY 5606620 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108312 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108312 1020 604271 10/10/03 626 SAN JOSE WATER COMPA~ 1108312 1020 604271 10/10/03 625 S;%NJOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMP~NY 4209116 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108505 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108505 1020 604271 10/10/03 625 SAN JOSE WATER COMPA/Ff 1108321 1020 604271 10/10/03 825 SAN JOSE WATER COMPANY 1108314 1020 604271 10/lg/03 625 SAN JOSE WATER COMPANY 1108321 RUN DATE 10/09/03 TIME 11:31:15 - FINANCIAL ACCOUNTING 10/09/03 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FTrND SELECTION CRITERIA: transac~.transdate between "10/06/2003" and "10/10/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 604271 10/10/03 625 SAN JOSE WATER COMP~NY 1108315 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108315 1020 604271 10/10/03 625 S~I~ JOSE WATER COMP~k~Df 1108314 1020 604271 10/10/03 625 SAiq JOSE WATER COMPA~TY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMP~2qY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108315 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108315 1020 604271 10/10/03 625 SJ%NJOSE WATER COMPAi~Y 1108315 1020 604271 10/10/03 625 S~N JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 S~N JOSE WATER COMPANY 1108506 1020 604271 10/10/03 625 S~N JOSE WATER COMP~J~TY 1108407 1020 604271 10/10/03 625 SA~ JOSE WATER COMP~kNY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMP~J~Y 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SA~ JOSE WATER COMPANY 1108321 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 685 SAN JOSE WATER COMPANY 5708510 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 5606620 1020 604271 10/10/03 685 SAN JOSE WATER COMPANY 1108506 1020 604271 10/10/03 625 SAi~JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 S~N JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 S;kNJOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMP~iqY 5606620 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 5708510 1020 604271 10/10/03 625 SAN JOSE WATER COMP~NY 1108303 1020 604271 10/10/03 625 SAN JOSE WATER COMPAN~f 1108303 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108303 1020 604271 10/10/03 625 SA~ JOSE WATER COMPANY 1108503 1020 604271 10/10/03 625 SA~ JOSE WATER COMPJ~qY 1108407 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108314 1020 604871 10/10/03 685 SAN JOSE WATER COMPANY 1108314 1020 604271 10/10/03 625 SA~ JOSE WATER COMPANY 1108507 1020 604271 10/10/03 625 SA/qJOSE WATER COMP~R~Y 1108314 1020 604271 10/10/03 625 SAZ~JOSE WATER COMPANY 1108314 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108302 1020 604271 10/10/03 625 SAN JOSE WATER COMPANY 1108314 1020 604271 10/10/03 625 SAN JOSE WATER COMPAZ~Y 1108314 TOTAL CHECK 1020 604272 10/10/03 258 SANTA CL~kRA COUNTy 110 1020 604273 10/10/03 2692 SBC 1020 604273 10/10/03 2692 SBC 1020 604273 10/10/03 2692 SBC 1020 604273 10/10/03 2692 SBC 1020 604293 10/10/03 2692 SBC 1020 604273 10/10/03 2692 SBC 1020 604273 10/10/03 2692 SBC ..... DESCRIPTION ...... SALES TBX AMOUNT 8/20-9/19/03 0.00 3353.52 8/20-9/19/03 0.00 119.51 8/20-9/19/03 0.00 1748.35 8/20-9/19/03 0.00 1495.38 8/20-9/19/03 0.00 36.50 8/20-9/19/03 O,00 2865.78 8/20-9/19/03 O.00 144.08 8/21-9/22/03 O.O0 37.99 8/21-9/82/03 0.00 80.04 8/21-9/22/03 O.O0 94.52 8/21-9/22/03 0.00 10.97 8/21-9/22/03 0.00 145.68 8/21-9/22/03 0.00 15.55 5/21-9/22/03 0.00 15.55 8/21-9/22/03 0.00 126.87 8/27-9/26/03 0.00 36.50 8/21-9/22/03 0.00 29.91 5/27-9/26/03 0.O0 9.00 8/21-9/22/03 0.00 88.46 8/21-9/22/03 0.00 101.70 8/21-9/22/03 0.00 15.55 8/21-9/22/03 0.00 40.68 8/21-9/22/03 0.00 153.75 8/21-9/22/03 0.0O 354.81 8/21-9/22/03 0.00 37.99 8/21-9/22/03 0.00 351.22 8/21 9/22/03 0.00 60.46 5/21-9/82/03 0.O0 875.89 8/21 9/22/03 0,00 2115.81 8/21-9/22/03 0.00 130.46 8/21-9/22/03 0.O0 144.82 6/21-9/22/03 0.O0 284.81 8/21-9/22/03 0.00 257.89 8/21-9/22/03 0.00 78.41 8/21-9/22/03 0.00 1368.87 8/21-9/22/03 0.00 284.81 8/21-9/22/03 0.00 1006.32 8/21-9/22/03 0.00 1532.16 8/27-9/26/03 0.00 9.00 0.00 42725.09 V OTREGA 563312780 0.00 588.00 1108504 8/27-9/26 0.00 1108501 8/89-9/28 0.00 5606620 8/29-9/28 0.00 5606640 8/29-9/28 0.00 1108201 6/29-9/28 0.00 1108501 8/29-9/88 0.00 1108503 8/29-9/28 0.00 77.80 65.15 163.04 171.12 254.19 116.48 55.57 RLTN DATE 10/09/03 TIME 11:31:15 - FINkNCIAL ACCOUNTING 10/09/03 CITY OF CUPERTINO ACCOLrNTING PERIOD: 4/04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.~rans_date between "I0/06/2002" and "10/10/2003" FUND - 110 - GENEP~L FUND CASH ACCT C"HECN NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 604273 10/10/03 2692 SBC 1108507 1020 604273 10/10/03 2692 SBC 1106508 1028 604273 10/10/03 2692 SBC 1108509 TOT;LL CNECK 1020 604274 10/10/03 511 SBC/MCI 1108501 1020 604275 10/10/03 2706 THOg~%S SCHROTH JR. 5606620 1020 604276 10/10/03 2439 SERVICE STATION SYSTEMS, 6308840 1020 604277 10/10/03 2810 SMJkRT & FINAL 5806349 1020 604278 10/10/03 665 SOUTH BAY METROPOLITAN 5806449 1020 604279 10/10/03 891 JOA~ SPITSEN 5506549 1020 604280 10/10/03 677 STATE STREET BANK & TRUS 110 1020 604281 10/10/03 M2004 STEPHEN & MIEW LING LEE 2200000 1020 604282 10/10/03 M2004 STROM, BRIAR 1100000 1020 604283 10/10/03 3058 CITY OF SLrNIFYVALE 2709432 1020 604284 10/10/03 2045 SVCN 1104300 1020 604285 10/10/03 3013 SWINERTON BUILDERS 4209224 1020 604285 10/10/03 3013 SWINERTON BUILDERS 4209223 TOTAL CHECK 1020 604286 10/10/03 2946 EDWIN TARG 5606620 1020 604287 10/10/03 3056 ~;%RVIN TAnG 5606620 1020 604288 10/10/03 700 TARGET SPECIALTY PRODUCT 1108303 1020 604288 10/10/03 788 TARGET SPECI;kLTY PRODUCT 1108407 TOTAL C~ECK 1020 604289 10/I0/03 701 TARGET STORES 5806349 1020 604289 10/10/03 701 TARGET STORES 5806349 1020 604289 10/10/03 701 TARGET STORES 5606680 TOT~tL CHECK 1020 604290 10/10/03 1993 TREA~UP~R OF ~DA COU 110 1020 604291 10/10/03 1201 ~IELOFF TOCAS & TP~%rEL 5506549 1020 604292 10/10/03 727 U S POSTMASTER 5806449 1020 604292 10/10/03 727 U S POSTMASTER 5806349 1020 604292 10/10/03 727 U S POS~STER 5806249 ..... DESCRIPTION 5/29-9/28 8/29 9/28 8/29-9/28 SERVICE AGREEMENT FOR MONITORING WELL PER QU SUPPLIES A25604 SERVICE AGREEMENT FOR SUPPLIES/GRATUITIES *PERS DEF PAGE 9 AMOUNT 55.57 61.40 55.54 1075.89 90.66 320.00 3089.00 110.55 3947.40 661.83 4130.64 RUN DATE 10/09/03 TIME 11:31:15 - FINARCIAL ACCOUNTING 10/09/03 CITY 0F CUPERTINO ACCOUNTING PERIOD: 4/04 C~ECK REGISTER - DISBtIRSE~iENT FUI~D SELECTION CRITERIA: transact.trans_date between "i0/06/2003" and "10/10/2003" FUND - 110 - GENER3%L FUND CASH ACCT CHECK NO TOTAL CHECK 1020 604293 10/10/03 1154 1020 604294 10/10/03 961 1020 604295 10/10/03 738 1020 604296 10/10/03 2979 1020 604297 10/10/03 1020 604298 10/10/03 310 1020 604299 10/10/03 746 1020 604300 10/10/03 M2004 1020 604301 10/10/03 745 1020 604301 10/10/03 745 1020 604301 10/10/03 745 TOTAL CHECK 1020 604302 10/10/03 M2004 1020 604303 10/10/03 M2004 1020 604304 10/10/03 761 1020 604305 10/10/03 768 1020 604306 10/10/03 794 1020 604307 10/10/03 3014 1020 604308 10/10/03 799 1020 604308 10/10/03 799 TOTAL CHECK TOTAL CASH ACC0~/NT TOTAL FUND TOTAL REPORT ISSUE DT .............. VENDOR ............. FUND/DEPT UNITED WAY OF SANTA CLAR 110 US BANK 3105306 VALLEY OIL COMPANY 6308840 VCI TELECOM INC 4209534 VERIZON WIRELESS 1108501 VERIZON WIRELESS 1102403 VIKING OFFICE PRODUCTS 1106500 VLADIMIR SHTEYN 2200000 VMI INC 6109872 VMI INC 6109872 VMI INC 1103500 W/LLL STREET JOLS~NAL 5506549 WANG, ST~NLEY 110 WEDEMEYER BAKERY 5606620 WEST GROUP pAyMENT CENTE 1101500 XEROX CORPOR3%TION 1104310 XL CONSTRUCTION CORPOP~AT 4269212 ZANKER ROAD LA. FILL 5208003 ZANKER ROAD LANDFILL 5208003 PAGE 10 ..... DESCRIPTION ...... SALES TAX AMOUNT 0.00 222.00 RUN DATE 10/09/03 TIME 11:31:15 - FINANCIAL ACCOL~ING DRAFT RESOLUTION NUMBER 03=191 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 October 10, 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 $ 436,923.78 Less Employee Deductions $(118~939.32) NET PAYROLL $ 317,984.46 Payroll check numbers issued 70846 through 71091 Void check number(s) PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of October ., 2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino CUPER TINO City Hall 10300 Torte Avenue Cupextino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND l. Name of Business: Location: Type of Business: Type of License: Reason for Application: Green Valley Liquors 10073 Saich Way (existing liquor store) Liquor Store Off-Sale General Person to Person Transfer AGENDA DATE0C.~' 20/.~0 _~ RECOMMENDATION There arc 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: C City Planner Submitted by: David W. Knapp, City Manager G:planning/misc/abcgreen valley2 Printed on Recycled Paper Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of Californi& TO: Department of Alcoholic Beverage Control 100 Pasco 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): 21 Transferor's license/name: File Number: 405872 Receipt Number: 1440391 Geographical Code: 4303 Copies Mailed Date: October 3, 2003 Issued Date: THACH KEVIN GREEN VA I I ,~y LIQUORS 10073 SAICH WY CUPERTINO, CA 95014 SANTA CLARA 371684 /PHAM THANH D! Census Tract 5078.06 Dropping Partner: Yes No __~ License Tyne Transaction Type Fee Type Master 21 OFF-SALE GENERAL PERSON TO PERSON TRANSF NA y 21 OFF~SALEGENERAL ANNUALFEE NA y 21 OFF-SALE GENERAL STATE FINGERPRINTS NA N Dup Date Fee 0 10/03/03 $1,274.00 0 10/03/03 $490.00 2 10/03/03 $78.00 Total $1,842.00 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 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: October 3, 2003 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive 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 this application is made; (4) that the transfer application or proposed transfer is 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 the Department. Applicant Name(s) Applicant S~n~ure~s) ~ . THACH KEVIN / DRAFT RESOLUTION NO. 03-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER HEUNG SER PARK, A SINGLE MAN, 10823 MERCEDES ROAD, APN 342-22-044 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Heung Ser Park, a single man, for the installation of certain municipal improvements at 10823 Mercedes Road and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20~h day of October, 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. 03-192 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Heung Ser Park LOCATION: 10823 Mercedes Road A. Faithful Performance Bond: $ 20,510.00 TWENTY THOUSAND FIVE HUNDRED AND TEN AND 00/100 DOLLARS B. Labor and Material Bond: $ 20,510.00 TWENTY THOUSAND FIVE HUNDRED AND TEN AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 2,385 TWO THOUSAND THREE HUNDRED EIGHTY FIVE AND 00/100 DOLLARS D. Development Maintenance Deposit: $1,000 ONE THOUSAND AND 00/100 DOLLARS E. Storm Drainage Fee: Basin 2 $ 364.91 THREE HUNDRED SIXTY FOUR AND 91/100 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 II $15,750 ACCT #: 280-4082 Water Main Reimbursement: 110-4554 Maps and/or Improvement Plans: As Specified in Item #21 J. N/A BY DEVELOPER RESOLUTION NO. 03-193 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM HEUNG SER PARK, A S1NGLE MAN 10823 MERCEDES ROAD, APN 342-42-044 WHEREAS, Heung Ser Park, a single man, has 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 20th day of October, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-22-044 Mercedes Road Heung Ser Park, a single man, hereinafter referred to as the "GRANTOR", this day of ~:~l;~-em ~f ,2003, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of Section 418 of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the llth day of April 1917 in Book P of Maps at Page 15, to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorize GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lots to take from said underground basin within the said lots any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authorization is made for the benefit of Section 418 within the above described subdivision and shall bind the owner of said lot within said subdivision. 1N WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: 'Heung Ser~l~k ~ ¥ / ' (Acknowledgment and Notarial Seal Attached) ALL-PURPOSE ACKNOWLEDGEMENT State of California County of SAU On l~P. 1 7 2003 before me, {DATEI personally appeared .M.~ '~ ~";t~ ~r' [] personally known to me - OR - SS. (NOTARY) [] proved to me on the basis of satisfactory evidence to be the person(y) whose name(~ is/a)~ subscribed to the within instrument and acknowledged to me that ~)she/they executed the same in .h~/her/their authorized capacity(i~), and that by ~/her/their signature(~ on the instrument the person(~, or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY{ lES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 RESOLUTION NO. 03-194 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM HEUNG SER PARK, A SINGLE MAN, 10823 MERCEDES ROAD, APN 342-22-044 WHEREAS, Heung Ser Park, a single man, 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 Califomia, 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 10823 Mercedes 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 20th day of October, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 342-22-044 Mercedes Road Heung Ser Park~ a single man~ grants to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and ail public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this i~'-day of -~:[~n/~.~003. (Notary acknowledgment to be attached) ALL-PURPOSE ACKNOWLEDGEMENT State of California County of On ,0~:P. 1 7 2003 (DATE) personally appeared [] personally known to me SS. before me, ' - oR - [] (NOTARY) SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(~) whose name(10 is/a~ subscribed to the within instrument and acknowledged to me that(~/she/they executed the same in t~/her/their authorized capacity(i&~), and that by ~/her/their signature(9~ on the instrument the persong('), or the entity upon behalf of which the person(10 acted, executed the instrument. WITNESS my hand and official seal. , / - ~ NO*^~'JS,ON^~Rt ' ~ OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(SI [] PARTNER(S) [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IESl OTHER RIGHT THUMBPRINT ~= OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 PORTION OF LANDS OF PARK TO BE DEDICATED TO CITY OF CUPERTINO MERCEDES ROAD Ail that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Beginning at the Northerly corner of Section 418 as shown on the "Map of Inspiration Heights" recorded in Book P of Maps, at Page 15, Santa Clara County Records; thence South 31 Degrees 50 Minutes 00 Seconds East a distance of 8.00 feet; thence South 65 Degrees 09 Minutes 43 Seconds West a distance of 45.27 feet to the Southerly rights of way line of Mercedes Road; thence North 54 Degrees 59 Minutes 55 Seconds East a distance of 45.00 feet to the point of beginning. Containing 0.004 acres more or less. 1 "=£0' 101.20' LANDS OF PARK SEC TI ON 418 OF INSPIRATION HEIGHTS BOOK R, PA GE 15 APN 342-22- ~¥ 0.269 ACRES GROSS O. 292 ACRES NET ?0 BE DEDICA[ED O. 004 ACRES ~ ?LAT I01.22' dERCEDES ?0 A CCO/~R~/V Y ~ DES£RIR T/ON WESTFALL ENGINEERS, INC. City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Deparlanent Agenda Item No. ~ Summary Agenda Date: October 20, 2003 Application: Z-2002-03, EA-2002-20 Applicant (s): City of Cupertino Property Location: Randy Lane and Larry Way between Lucille Avenue and Merritt Drive Application Summary: Rezoning approximately 19 acres, consisting of 68 single-family residences from A1-43 Agricultural-Residential Zone and R1-7.5 Single Family Residence Zone. BACKGROUND: On September 16, 2002, the City Council enacted an interim ordinance for the Linwood Acres neighborhood and directed staff to work with the residents to determine the appropriate regulations for the neighborhood. The Planning Commission acted on this item on September 2Z 2003. DISCUSSION: Errors were made in the public notification for this project. Staff requests that the item be continued to November 3, 2003 to allow for re-noticing. The second reading for the ordinance could be done at the November 17, 2003 Council meeting. S~bmi~Peter Gilli, Senior Planner Steve Piasecki David W. Knapp Director, Community Development City Manager cU?er t no City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 PAX (408) YYY-3335 Community Development Department Summary Agenda Item No.: Agenda Date: October 20, 2003 Application No.: Applicant: Property Owner: Location: MCA-2003-01 City of Cupertino City of Cupertino City-wide Application Summary: AMENDMENTS to Chapter 17.32 of the Cupertino Municipal Code regarding temporary signs. RECOMMENDATIONS: Staff recommends that the City Council: 1. Consider and provide input on the draft ordinance OR 2a. Approve application MCA-2003-01 on a 3-year trial basis and then re-evaluate the ordinance at that time. 2b. Conduct the first reading of Ordinance No. ~ q2.~ BACKGROUND: In 1997, the City Council adopted amendments to the sign ordinance that banned all temporary signs (including temporary political signs) from the public right-of-way and public property in order to eliminate the visual clutter associated with such signage and avoid the liability risks posed by the allowance of such signage on public lands. At that time the City Council determined, upon the advice of the City Attorney, that in order to regulate temporary political signs, it must prohibit all temporary signs on public property and in the public right-of-way. PrintodonRocyclodPapor (~--'~{ DISCUSSION: Earlier this year, City Council members and representatives of the Chamber of Commerce asked City staff to draft an amendment to the sign ordinance to allow temporary signs in the public right of way. Community Development staff has drafted the attached ordinance amending chapter 17.32 of the City's ordinance regarding temporary signs. The ordinance has been reviewed by the City Attorney, Public Works Department and Code Erfforcement Division. The Public Works Department has provided comments which are included below in a separate section. General Locations The draft ordinance limits the location of temporary signs to residential and institutional districts which includes the residential areas zoned: R1, RHS, R2, R3, R1C, A and Al, and the "institutional" areas zoned: BA, BQ PR and FP. The latter category includes public parks, public schools, churches, government lands and Deep Cliff Golf Course. Residential and institutional uses are largely located on less-traveled streets and need off-site signage for participants to locate temporary events on these properties. Also, these properties typically do not have permanent signs to advertise these temporary events. Commercial, office and industrial districts are excluded because these uses are located on more highly trafficked streets with greater public exposure and ample opportunities for permanent and temporary signage. Specific Locations The draft ordinance identifies locations in the public right-of-way that are unsuitable for temporary signs. These prohibitions are necessary to provide for the safety of pedestrians and motorists, This includes: · The street and street median, · Portion of the sidewalk or pathway needed for pedestrian travel and handicapped accessibility, · Any area that restricts the safe vision of any vehicular and pedestrian travel such as corner triangles and driveway site triangles, · Any obstruction of any directional, safety or other sign permitted by the City. The ordinance also provides for a mirdmum 18-inch setback of the sign from the face of the curb or street, whatever is the greater distance from the street. This is needed for safe clearance for bicyclists and passengers opening their car doors from on-street parking. Exhibit A depicts suitable locations for temporary signs in the public right-of-way. Please note that the public right-of-way is not clearly delineated in most areas. For example, in neighborhoods with a monolithic sidewalk, the public right-of-way can be 2 as much as 13 feet away from the face of the curb. Many residents perceive this portion of the public right-of-way as part of their property and may object to having an off-site, temporary sign placed in their "front yard". It should be the responsibility of the sign placers to educate the property owners about the location of the public right of way. Advantages of Temporary Sign Ordinance Amendments The ordinance amendments will allow residents, realtors and event organizers to provide off-site directional signage in the public right-of-way to garage sales, open houses, and community and private events. Unlike events in commercial areas, such temporary events are often in less-trafficked areas, and often rely on off-site exposure to direct participants to the events. Other possible beneficiaries include: election volunteers who could place directional signs to a polling location, churches who could advertise fund-raising activities, and political sign companies, who will have more leeway in the placement of temporary political signs. Disadvantages of Temporary Sign Ordinance Amendments The City Attorney has already opined that the City cannot adopt regulations that discriminate in favor of one type of temporary sign over another type, that is, the regulations must be "content neutral". In general, temporary directional signage must be treated the same as temporary political signs. If the ordinance amendments are adopted, staff expects there will be increased resident complaints about "sign clutter," particularly around election times. The most likely locations of this sign clutter will be busy residential neighborhood collector streets: Foothill, Stelling Road, Bubb Road, Miller Avenue, Bollinger Road, Rainbow Drive and McClellan Road, and probably streets around schools. There will be commensurate increases in code enforcement costs in order to address complaints and enforce code regulations for illegal signs. There will be increased liability exposure for the City from persons who may be injured as the result of a temporary sign placed in the public right-of-way, whether it is legally or illegally placed. Public Works Department Comments The Public Works department has reviewed the proposed ordinance and has raised two concerns about allowing temporary signs of any kind within the public right-of-way. First of all, there will be some effort required to enforce the provisions in the proposed 3 ordinance that will undoubtedly increase if temporary signs are allowed in park strips, even under the restrictions proposed. The more significant concern raised by Public Works is the risk of liability exposure to the City if a person is injured as a result of a temporary sign on a park strip or sidewalk. While experience in other cities suggests that this risk is not great, it is much more difficult to defend the City in such a circumstance if the ordinance allows the placement of temporary signs, even under certain enforceable criteria, than if there is a complete prohibition of such signs in the right-of-way. However, the Council may wish to proceed with the proposed sign ordinance and allow the placement of temporary signs in the right-of-way, understanding this risk, no matter how minimal it may be. In that event, Public Works has indicated that the restrictions for placing these signs in the proposed ordinance are appropriate and would help minimize that risk. Prepared by: Colin Jung, Senior Plarmer Steve Piasec~ci Director of Community Development APPROVED BY: David W. Knapp City Manager Enclosures: Ordinance No. [ ~3-~ Exhibit A: Suitable Locations for Temporary Signs in the Public Right-of-Way 4 text zs deleted text, underlined text is new text.) ORDINANCE NO. 1926 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 17.32 OF THE CITY'S ORDINANCE CODE REGARDING TEMPORARY SIGNS WHEREAS, the City of Cupertino has previously banned temporary signs from the public fight-of-way for purposes of preventing visual clutter and minimizing liability concerns; and WHEREAS, there are temporary events, such as, festivals, garage sales, elections and residential open houses of importance to the community, neighborhoods and residents that rely on temporary signs to provide information and directions for potential participants; and WHEREAS, these temporary events are primarily in residential and institutional districts that do not have the public exposure and permanent signs found in commercial districts; and WHEREAS, these temporary events do not need permanent signage, but it is in the interests of the City of Cupertino to allow temporary signage for the reasons aforementioned; and WHEREAS, there are locations in the public rights-of-way where temporary signage of limited size and quantity should not obstruct the safe passage of vehicles and pedestrians, not obstruct handicapped accessibility, not interfere with public signage and utility structures, and not obstruct sight lines for comer triangles or driveway site triangle; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLTPERTINO HEREBY ORDAINS AS FOLLOWS: 1. Amendment Chapter 17.32 of the City's ordinance code is hereby amended to read as follows: § 17.32.010 Temporary Signs--- LOCATION. A__g[. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system, public bridge, drinking Ordinance No. 1926 fountain, street sign or-traffic sign, traffic control pole or cabinet, or utility transformer vaults. Additionally, no temporary sign shall be placed, posted or otherwise affixed in the public right- of-way, except as provided in this section. The public right-of-way generally extends behind the sidewalk, (if one is present). B. Notwithstanding any provision to the contrary described in Section 17.32.010(A) above, temporary signs may be placed upon the public right-of-way as prescribed in the subsection below: 1. Shall only be located in the public right-of-way of a residential or institutional district~ as defined in this Title. 2. Shall be no larger than nine square feet of sign area per sign side with no more than two sides per sign. 3. Shall be no more than four feet tall measured from the grade of the sidewalk or adiacent ground level. 4. Shall have a maximum length of any part of the sign of four feet. C. Unless otherwise provided for in this chapter, all temporary signs, whether or not located in the public right-of-way: 1. Shall not be located on the street or on street medians. 2. Shall not be illuminated. 3. Shall not be located on private property without the oral or written consent of the owner or other person entitled to possession of said properW.. 4. Shall not obstruct the sidewalk or pathway needed for pedestrian travel. 5. Shall not obstruct pathways needed for handicapped accessibili ,ty~ which is 36 inches clear. 6. Shall not restrict in any way the safe vision of any vehicular or pedestrian traffic or obstruct any directional or safety sign or other sign permitted by the City. 7. Tempora .~ signs shall not be located within a comer triangle or a sidewalk site triangle as defined in Section 17.08.010. 8. All parts of the sign shall be set back a minimum of eighteen (18) inches from the face of the curb or from the edge of the street, whichever is the greater distance from the edge of the street. D. The provisions of Section 17.32.010(B) & (C) shall not be applicable to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the city-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; and 4. The maintenance of hazard markers or emergency signs. Ordlnane¢No. lO~6 ~ § 17.32.020 FLAGS. A. Special-event flags and streamers may be permitted on a temporary basis in all commercial districts in conjunction with a grand opening or special promotional activity. Flags will also be permitted in residential zones to identify model homes which are part of a new development. B. No special-event flag may be higher than 20 feet above ground level. C. No more than two flag poles shall be permitted for each model home for a maximum of one year. D. The number of flags or streamers permitted for a commercial activity shall be subject to the approval of the Director in conjunction with a comprehensive plan for the special-event promotion. Flags and streamers may be permitted for a two-week period. E. Special event flags or streamers shall be completely removed not later than five days after the special event to which they pertain is scheduled and are otherwise governed by the provisions of g 17.32.090. § 17.32.030 GARAGE SALE SIGNS. A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of this municipal code, shall be permitted which are less than eight square feet in area and six feet in height. These signs are to be located on the property where the sale is being conducted. B. Three additional garage sale signs may be allowed in the punic right-of-way in accordance with the restrictions stated in Section 17.32.010. ha-~ 17.32.9!0E ~-a C · ' dfcth .... § 17.32.040 TEMPORARY POLITICAL SIGNS. A. Notwithstanding any provision in this chapter to the contrary, temporary political signs are permitted in all zoning districts of the city, require no permits or approvals from the city, and are subject only to the following restrictions. 0rdlnanceNo. 1O~6 4 1. Like all other temporary signs, they are allowed in the public right-of-way pursuant to section 17.32.010(A)~ (B), and (C); 2. Like all other temporary signs, they sha!t shall not be located on private property without the oral or written consent of the property owner or other person entitled to possession of said property; 3. L!ke "!! ether ~r. ee:'"-! event tempere..D, s.~gns, Temporary political signs must be completely removed not later than five days after the election to which they pertain. The city, pursuant to the provisions of .~ 5 17.52 of this Municipal Code, may cause such signs remaining after expiration of the appropriate five-day period to be removed; 4. Like all other temporary signs, if the Director of Public Works finds that any temporary political sign otherwise permitted is an immediate peril or menace to pedestrian or vehicle traffic, he or she may cause it to be removed summarily pursuant to 17.52.040(C) ov o__f this Municipal Code. § 17.32.050 PROJECT ANNOUNCEMENT SIGNS. A. New projects under construction, including subdivisions of five units or more, may be permitted signs which state the name of the project and/or the contractors and developers involved with its construction. The signs shall be subject to the approval of the Director. B. No more than two freestanding signs containing the name of the project, the owner, address and telephone number, leasing information, dates of anticipated com. pletion and a listing of the contractors involved in the project are permitted for each project. C. Each sign shall be no larger than 32 square feet per side and no taller than six feet in height. D. Project announcement signs may be permitted for a maximum of one year or until all of the units are sold, whichever comes first. Extensions may be granted by the Director if the project has not been completed. § 17.32.060 RESIDENTIAL REAL ESTATE SIGNS. A. Suhiect to the restrictions contained in ~ 17.32.010, real estate signs shall be permitted in all zones for the purpose of announcing house sales, rentals and open houses. B. On-Site Requirements. Each parcel with a unit for sale or rent is permitted one sign per street frontage, with a maximum of two signs per parcel. Only one sign may be building-mounted. Each sign is limited to four square feet per side. Freestanding signs shall not exceed six feet in height and shall be subject to the requirements stated in 5 17.32.010. C. Off-Site Signs Announcing House Sales or Rentals. Signs located off-site announcing house sales or rentals are subject to the same requirements as on- site signs, as stated in division (B) above and [ 17.32.010. D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a maximum of three open house signs subject to the requirements stated in 5 17.32.010. E ~" epen" ...... ; .... u~,~ ~, ........ '~ ~-,, sunset. 0rdinanee No. 1926 5 § 17.32.070 SALE, RENT OR LEASING SIGNS. A. Sale, rent or leasing signs shall be permitted in all zones except residential zones. Signs for residential zones are stated in 5 17.32.060. B. The signs may include the name of the real estate agent or owner, the address, phone number and any other pertinent information. C. Each parcel shall be allowed to display one sale/rent/lease sign on each public street frontage. Each sign face shall be limited to 32 square feet, with a maximum of two faces per sign. Each sign shall be limited to a height of six feet. '~V' shaped signs are prohibited. D. A building mounted sale/rent/lease sign may be used in lieu of a freestanding sale/rent/lease sign. One building mounted sign may be placed on each building elevation facing an adjacent public street; provided that, a freestanding sale/rent/lease sign as described in division (C) above is not displayed concurrently on that public street frontage. The sign shall be restricted to 32 square feet of face area and shall be located and displayed in accordance with the provisions of [ 17.24.080 of this title regarding clearance, obstruction and roof-line line level. E. Signs for purposes of sale, rent or lease shall be permitted for display off site. Display of off-site signs shall be confined to private property, subject to the approval and cooperation of the property owner upon whose property the off-site sign is to be located. The off-site signs shall be limited to one sign per street frontage, with a maximum of two signs per off-site parcel. The off-site signs shall have a maximum of two faces, and shall not exceed 32 square feet in area per face, nor exceed a height of six feet. The location of the off-site signs is subject to 5 17.32.010. F. (1) For sale/rent/lease signs may be installed up to 30 days prior to any tenant vacancy. (2) Immediately following the close of sale, rent or lease of the space or building the sale, rent or lease sign shall be removed. G. For sale/rent/lease signs may not reasonably obstruct the visibility of any permanent ground sign. § 17.32.080 SUBDIVISION DIRECTIONAL SIGNS. A. Subdivision directional signs for developments within the city may be permitted in all zones other than residential, to direct customers along the most direct route through the city. Subdivisions not in Cupertino shall not be permitted subdivision directional signs. B. A total of three such signs per subdivision shall be permitted within the city as determined by the Director. C. Each sign shall not exceed six feet in height and 32 square feet in area and have no more than two sign surfaces. ~'V" shaped signs are prohibited. D. The signs may be permitted for a one-year period or until all units are sold by the subdivision developer, whichever comes first. Extensions may be granted by the Director if the project has not been completed. E. The location of subdivision directional signs shall be subject to ~ 17.32.010. F. Applications for subdivision directional signs shall include a list of all other existing signs for the same subdivision, indicating the sign surface area and street location of each sign. OrdinaneeNo. l~6 ~ § 17.32.090 TEMPORARY AND SPECIAL EVENT SIGNS AND PROMOTIONAL DEVICES. The Director may issue a permit for temporary special event signs, banners, pennants or balloons and promotional devices in all commercial, industrial, office or institutional districts subject to all criteria set forth in this section. A. (1) Each business may be permitted use of one temporary special event sign subject to the tenant schedule in divisions (C) and (D) below. Each business may have the use of temporary signs for a maximum of 120 days in a calendar year, but not to exceed 30 days during any permitted period. Each business may be granted a maximum of 12 permits in a calendar year. A minimum period of two weeks shall be required before a subsequent permit is granted. (2) One additional temporary sign and one additional promotional device may be allowed during thc first year of operation for a new business entity for purposes of announcing the grand opening of the business entity. (3) A portable freestanding temporary sign shall not exceed six feet in height and 32 square feet per face, with a maximum of two faces. Portable temporary freestanding signs, such as "A" frame or sandwich board signs, may not be set into thc ground and must be removed at the close of business each day. (4) A temporary banner shall be building mounted only, shall have only one face not exceeding 100 square feet in area and shall be placed on the building in accordance with the limitations specified in ~ 17.24.080 regarding clearance and roof-line level. B. (1) Special promotional devices, such as large balloons or searchlights, may be approved for a maximum three-day period or five days for grand openings, four times within a calendar year, subject to thc following: (a) Parking is not displaced; (b) The device is compatible with adjoining uses; of major concern is proximity to residential properties; (c) Thc device is not located in a landscaped front setback area; (d) Tethered balloons used for special promotional purposes may not exceed a height of 25 feet above the building where the special event is occurring; and (e) Meets the tenant schedule in divisions (C) or (D) below. (2) The Director, shall review a requested use of any special promotional device, such as searchlights, hot air balloons, rides, traffic/parking directional signs within the public right-of-way and the like, in relation to the type of activity and the appropriateness of the activity to the surrounding neighborhood. (3) There is no specific limitation on thc number of traffic/parking directional signs which may be used on a site on the specific day of the special promotional or temporary event. (4) However, the Director shall review the number and placement of signs requested to be placed in the public right-of-way and may restrict the number and placement of such signs in order to ensure that adequate sight distance and traffic safety clearances are maintained as required in ~ 17.32.010. C. A temporary sign and center-wide event signs may be permitted in accordance with the following schedule: Number of Tenants Number of Signs Permitted Three tenants to six One tenant display or tenants one center display Seven tenants to 13 One tenant display, plus tenants one center display 14 tenants to 20 Two tenant displays, tenants plus one center display 21 tenants to 27 ' Three tenant displays, tenants )lus two center displays 28 tenants or more Four tenant displays, plus four center displays D. (1) Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners. (2) Freestanding temporary or special event signs for individual tenants are not allowed. (3) Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of Tenants Number of Signs Permitted 20 to 27 tenants Two center displays ,28 tenants or more Four center displays E. (1) Notwithstanding any provision to the contrary contained in this chapter, but subject to any maximum duration regulations contained in this chapter, all special event temporary signs must be completely removed not later than five days after the conclusion of the special event to which they pertain. (2) The city, pursuant to 5 [ 17.52 of this Municipal Code. may cause the signs remaining after expiration of the appropriate five-day period to be removed. § 17.32.100 WINDOW SIGNS. A. Window signs shall be permitted in all commercial zones. B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed 25% of the window surface. C. (1) Signs within a window shall be considered temporary if they remain on the window for less than 30 days and shall not be subject to review. Ordinance No. 10~6 8 (2) Window signs intended to remain on display for more than 30 days shall be considered permanent window signs, as regulated by ~ 17.24.090. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of October 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 EXHIBIT A: (sheet 1) Suitable Location for Temporary SIFts tn Public Right-of-Way Centetitne 001 ~N~N tim f~m M Ii eM). $llns am pmhblted o~ street Utes mi arvey poM. - EXH~Brr A: (sheet 2) Suitable Location for Temporary Sl~s must be it bast 1 I' from the face cd' the crab or the edp of the street. s~u $1dew~ Site' SJlu m~e pmJ~btted on Slits am pnahbttecl on street trees and utility poles. Publtc RI 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. i 0 Meeting Date: October 20, 2003 SUBJECT AND ISSUE Consider amending the Joint Exercise of Powers Agreement (JPA) creating the Silicon Valley Animal Control Authority (SVACA) for voting and withdrawal changes. BACKGROUND While City Council has voted to withdraw from SVACA at the end of this fiscal year, Cupertino remains part of the JPA until then. With the withdrawal of the City of Sunnyvale, the board membership and voting rights need to be revisited and reallocated among the current 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. This amendment will apply to the City of Cupertino and give the City of Campbell and us a vote on the SVACA Board. Our staff analysis performed in 2002 identified several areas in the JPA agreement that are unclear and do not protect member agencies in case of withdrawal. This amendment clarifies distribution of excess operating reserves and holds agencies to long-term shelter obligations. The amendment will not apply to the City of Cupertino as we gave notice of withdraw on September 16, 2003 and therefore an established reserve limit will be non-applicable to our distribution of assets request. The attached agreement includes Section 6.1 as amended in April 2003. This section ensures that all budget increases voted by the SVACA Board must be approved by each of the six member agencies. RECOMMENDATION Staff recommends that the Council approve the amendment to the JPA agreement. Submitted by: Car~ A. Atwood Director of Administrative Services Appr~mission: Davi~'W. Knapp City Manager Printodon Rocycled Papor I ~ ~ [ SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING TI-IE 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 Agreemenfi 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 C.ode 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 Agroeraent - 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. fi, nimal 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. Section 1.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Division 7 of Title 1 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 1st 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. MemberAgenciesorMemberAgenc¥.' "MemberAgencies"meansallofthe 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. RulesoftheBoard. "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 H 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 AgreemenL: Silicon Valley Ammal Control Authority August 8, 2003 Page 3 of 21 of the Authority pursuant to the Bond Law. Each of the Member Agencies is authorized to exercise 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 repayment 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 execu[ed. 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 alternate 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 Con~'ol Authority August 8, 2003 Page 4 of 21 l O --ff 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 necessa~ 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) affmnaative 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. Section2.8. 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 Conlrol Authority ....... August 8, 2003 Page 5 of 21 10- 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 parties 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 shall 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 all 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 all 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 all 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 physical 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 actual 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 local 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 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 of Ten 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. ~. 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 activities 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 m is intended to nor shall it restrict or lirn~t 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. ~ 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 J¢i~lt'Exercise of Powers A~eement - 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 fome 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 fight 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~ettated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority . - August 8, 2003 Page 9 of 21 /0 l fO 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 enfome all the provisions of this Agreement. Section 4.3. Bond~. 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 Exercise of Powers. The Authority shall exemise in the manner heroin 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 exercised 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. Ob..Q.~g.li ations of Au~o__~9.0_~. 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. ~on 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 [o.- ff 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. Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year. If, during the course of any given fiscal year, there are proposed amendments to the budget that would require increased amounts to be paid by each Member Agency over and above the allocated proportional share attributed to the budget then in effect, each Member Agency shall approve the payment of such additional amount prior to final action by the Board of Directors to approve any such budget amendment. 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 correctiy 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. Second Restated and Amended Joint Exercise of Powers Agreement ~ Silicon Valley Animal Control Authority August 8, 2003 Page 11 of 21 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 fumish 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 I of each year. The Board of 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 percentage 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 Second Restated and Amended juMP'Exercise of Powers Agreement - Silicon Valley Animal Control Authority August 8, 2003 Page 12 of 21 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. 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~ment Continues. Notwithstanding the provisions of Section 9.1, each Member Agency agrees that the withdrawal of a Member Agency pursuant to this Article VIX[ 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 Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Conlrol Authority August 8.2003 Page 13 of 21''a "° 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 average pementage 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 earnings 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. ff 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 ~vithdrawal 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 AGRg, EMENT AND DISSOLUTION OF THE AUTHORITY Section 9.1. Termination. This Agreement shall terminate and the Authority shall be dissolved upon an agreement of all 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 cimumstances 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. Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority August 8. 2003 Page 14 of 21 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 divided among the current Member Agencies based on the above percentage, 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. Second Restated and Amended Joint Exercise of Powers Agx. e, ement - Silicon Valley Animal ConU'ol Authority August 8, 2003 Page.15 of 21 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 flail 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 shail be personally delivered or deposited in the U.S. mail, postage prepaid, addressed to 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 Second Restated and Amended~l'nt Exercise of Powers Agreement - Silicon Valley Animal ConUrol Authority August 8, 2003 Page 16 of 21 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 ASTOFORM: By: Its: Date: ATTEST: CITY OF CUPERTINO, a municipal corporation By: Its: Date: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: TOWN OF LOS GATOS, a municipal corporation By: Its~ Date: By: Its: Date: Se, do-fi'fl'Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority August 8, 2003 Page 17 of 21-" APPROVED AS TO FORM: By: Its: Date: ATYEST: CITY OF MONTESERENO, amunicipalcorporation By: Its: Date: By: Its: Date: APPROVED ASTOFORM: By: Its: Date: ATTEST: CITY OF SANTA CLARA, a municipal corporation By: Its: Date: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: CITY OF SARATOGA, a municipal corporation By: Its: Date: By: Its: Date: Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Contxol Authority August 8, 2003 - Page 18 of 21 EXHIBIT "A" ANIMAL CONTROL SERVICES The term' Ammal Control Services in the Agreement to which this Exhibit A 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 Ag~xfient - 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 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 /0 · Monitor quarantined biter animals · Conduct vaccination clinics and have available, free of charge to the public, rabies control information. 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 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 So~nmaVRestated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority ~qr~- Page 21 of 21 August 8, 2003 CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM ~[ AGENDA DATE October 20, 2003 SUBJECT AND ISSUE Approve the concept of the installation of a Marine Aquarium of approximately 4,000 gallons in the new Cupertino Library and accept, in principle, a donation of $ 325,000 from Mr. Fred Chan for the fabrication and installation of the Aquarium and an additional contribution in the form of a commitment for five years of annual maintenance of the Aquarium facility and up to an additional five years of maintenance expenses to be shared equally with the City. Approval of the installation of a recognition Plaque in the Library with the Marine Aquarium acknowledging the contribution of Fred and Annie Chan and their family. Authorize the City Manager to enter into an agreement with Mr. Fred Chan, to accept the donation and the maintenance commitment that states that the donation will be used exclusively for fabrication, installation, and construction expense for the aquarium. BACKGROUND In March of 2003, Mr. Fred Chan, Chairman of ESS Technology, Inc. and a long time Cupertino resident, met with Mayor Michael Chang, the Cupertino Library Foundation Fundraising Chair, Cupertino city staff and library staff, and suggested the donation of an Aquarium in addition to his pledge to donate to the Library campaign. Subsequently, during July of 2003, Mr. Chan met with Mayor Chang and Vice Mayor Sandra James on several occasions to explore the possibility of donating a marine 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. PrintedonRecycledPaper I ~ ~ [ These discussions resulted in a consensus of all concerned that a 4,000-gallon marine (salt water) aquarium, and its associated equipment, could be fabricated and installed in a prominent location adjacent to the Library lobby and within the Children's area on the first floor. This installation can be accomplished with minimum disruption to the normal library functions and traffic flow. It was further determined that necessary changes to the design of the Library systems and the resulting alterations to the building during the ongoing construction, if approved expeditiously, could be accommodated without impacting the scheduled opening date of the Library in October 2004. On October 9, 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 the Marine Aquarium and the design concept for its installation in the Children's Section on the first floor adjacent to the Library lobby. At the same time, Mr. Chan committed to a contribution to the City in the amount of $325,000.00 to fully fund the fabrication, installation and construction of the aquarium complex in the Library. According to the aquarium consultants, the maintenance costs of an aquarium of this size are expected to be approximately $12,000 annually. In order to ensure to full operation and care of the aquarium, Mr. Chan has further agreed to fund the entire cost of the annual maintenance of the aquarium for a period of 5 years and has committed to pay up to half of the maintenance that is not raised by a public donation effort. Lastly, in accordance with the Council's adopted building naming policy, Mr. Chan has requested that a plaque be installed near the aquarium that would read "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family, in loving memo~ of Mr. Pak Chung Chan." FISCAL IMPACT There is no financial impact for the fabrication and installation of the Aquarium into the Library as Mr. Chan has agreed to fully fund the project in the amount of $325,000.00. The City has incurred some minor concept development costs and is expected to incur some additional minor costs to manage the installation of the facility over and above Mr. Chan's donation for services. The total of the costs incurred thus far and the expected additional City costs together are not expected to exceed $15,000.00 and can be accommodated within the approved project budget. STAFF RECOMMENDATION Staff recommends the adoption of resolution No. 03 - [ ~ ~- to: (a) Approve the concept of an approximately 4,000 gallon salt water Marine Aquarium to be installed adjacent to the lobby in the children's area in the new Cupertino Library and accept, in principle, a donation of $325,000.00 from Mr. Fred Chan for the fabrication and installation of the Marine Aquarium with an additional commitment to fund 5 years of maintenance of the aquarium facility and a further commitment to pay up to half of the maintenance that is not raised by a public donation effort. c) b) Approve the installation of a plaque by the aquarium stating "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan." Authorize the City Manager to enter into an agreement with Mr. Chan to formally accept the funds, and that the donation will be used exclusively for the aquarium design, fabrication and installation. Submitted by: David W. Knapp City Manager DRAFT A RESOLUTION OF T~£ CITY COU~C~ O~ THE CI~¥ O~ CUPERTINO APPROVING THE CONCEPT OF THE INSTALLATION OF A MARINE AQUARIUM OF APPROXIMATELY 4,000 GALLONS IN THE NEW CUPERTINO LIBRARY; ACCEPTING, IN PRINCIPLE, A DONATION OF FROM MR. FRED CHAN FOR THE FABRICATION, INSTALLATION AND LIMITED MAINTENANCE EXPENSES OF THE AQUARIUM; APPROVING INSTALLATION OF A RECOGNITION PLAQUE; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MR. FRED CHAN TO ACCEPT THE DONATION AND THE MAINTENANCE COMMITMENT WITH CERTA1N CONDITIONS WHEREAS, discussions between Mr. Fred Chan and City official and staffhave resulted in a consensus of all concerned that a 4,000-gallon marne (salt water) aquarium, and its associated equipment, could be fabricated and installed in a prominent location adjacent to the Library lobby and within the Children's area on the first floor; and WHEREAS, Mr. Chan has committed to a contribution to the City in the amount of $325,000.00 to fully fund the fabrication, installation and construction of the aquarium complex in the Library; and WHEREAS, Mr. Chan has further agreed to fund the entire cost of the annual maintenance of the aquarium for a period of five (5) years and has committed to share the cost equally with the City for ~ additional five years with the knowledge that maintenance costs of an aquarium of this size are expected to be approximately $12,000 annually, according to aquarium consultants; and WHEREAS, in accordance with the Council's adopted building naming policy, Mr. Chan has requested that a plaque be installed near the aquarium that would read "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family, in loving memory of Mr. Pak Chung Chan." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby: 1. Approves the concept of the installation of a marine aquarium of approximately 4,000 gallons in the new Cupertino library. 2. Accepts, in principle, a donation of $325,000.00 from Mr. Fred Chan for the fabrication and installation of the Aquarium with an additional commitment to fund 5 years of maintenance of the aquarium facility and a further commitment to share the maintenance costs equally with the City for an additional five years. 3. Approves the installation of a plaque by the aquarium stating "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan." Resolution No. 0g-195 Authorizes the City Manager to enter into an agreement to formally accept the above- mentioned funding and agree that the donation will be used exclusively for the aquarium design, fabrication and installation ora 4,000-gallon marine aquarium. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of October, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 ADMINISTRATIVE SERVICES DEPARTMENT Agenda Item No. [ '/~ SUMMARY Meeting Date: October 20, 2003 SUBJECT AND ISSUE Review and approve mid-year budget adjustments for fiscal year 2003/04. BACKGROUND During the year staff reviews the budget, compares it to actual revenues and expenditures and proposes mid-year and final budget adjustments to mom accurately reflect the status of operating and capital project accounts. Our guidelines require that these adjustments be approved by the City Council. Tonight we have four budget adjustments for Council consideration: a) Authorize transferring $60,000 of one-time year-end savings to establish the FY 2002-2003 Sports Center project budget of $2,400,000 as originally approved, and transferring $70,000 of one-time year-end savings to increase the project budget to $2,470,000. Approve an increase in the project construction contingency authorization from $138,000 to $208,000 within the proposed budget of $2,470,000. See attached staff report. b) Approve a fiscal year 2003/04 budget adjustment for the operation of the Cupertino Teen Center in the amount of $40,000. See attached staff report. c) Authorize the use of $20,000 of year-end savings to provide for the funding of additional costs associated with the "top four" OE3 requirement based on newly submitted salary figures from San Jose. d) Authorize the use of $80,000 of year-end savings to provide for the funding of disciplinary actions, investigations and general liability claims. FISCAL IMPACT The preliminary close for the fiscal year 2002/03 shows the General Fund with a savings of approximately $270,000 over budget projections. This amount was a direct result of the salary and benefit savings realized from our selective hiring freeze and additional Printod on Rocyc/od Papor [ ~'J~ -- [ savings in other expenditures from all departments. This amount is over and above our $10 Million Economic Uncertainty Reserve. The above adjustments total $270,000 and could be funded from this unexpected savings. RECOMMENDATION It is the staff recommendation that the City Council approve the above adjustments. Submitted by: Cm/ol A. Atwood Director of Administrative Services App~d~s bmission: David W. Knapp City Manager 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM AGENDA DATE October 20~ 2003 SUBJECT AND ISSUE Authorizing transferring $60,000 of one-time year end savings to establish the FY 2002-2003 Sports Center project budget of $2,400,000, as originally approved, and transferring $70,000 of one-time year end savings, to increase the project budget to $2,470,000. Approve an increase in the project construction contingency authorization from $138,000 to $208,000 within the proposed budget of $2,470,000. BACKGROUND On May 27, 2002, Council adopted the FY 2002-2003 Capital Improvement Program (CIP), which identified the Sports Center budget of $2,340,000 of funding in FY 2001-2002 and $60,000 in available funding from the prior year for a total project budget of $2,400,000. The Council had established the project budget at that level as a "downsized" project from the earlier years when the budget was proposed at $4,400,000. On June 16, 2003, Council awarded the construction contract for the Sports Center remodel to XL Construction in the amount of $1,721,187, including two add alternates, and authorized the use of $138,000 of project funds to be used for construction contingency. Budget Adjustment - $ 60,000 In accordance with Council, direction, during the latter part of FY 2001-2002, staff and the project consultant developed several alternatives for Council consideration for a downsized program for the sports center project. The cost of this effort, during FY 2002-2003 was approximately $60,000 consisting of consultant services in developing the program and the 2.4 million dollar budget for the "downsized" project for Council approval. This expenditure inadvertently reduced the project budget by that amount and was not corrected with the adoption of the FY 2002-2003 CIP to the effect that project fund balance beginning in July of 2002 was instead approximately $2,340,000 or approximately $60,000 short of the Council directed budget of $2,400,000. Additional Construction Costs Projection - $70,000 During the course of the remodeling of the Sports Center facility, extensive and here-to-fore unknown water damage to the structure was discovered along with some severe deterioration at several locations in the laminated structural beams. These conditions were not known, and could not have been known during the design of the building remodel without demolishing some of the internal surface features of the building. The details of these conditions are described below and the projected cost of the repair work is approximately $70,000. ANALYSIS At the time of award, staff reported to Council that the contract amount exceeded the Engineer's Estimate by approximately $188,000. At the time, based on the project budget of $2,400,000 on July 1, 2002 it was expected that the savings necessary to balance the budget with the higher bid cost could be found in the reduction of projected expenses, such as some of the fixtures and equipment not included in the bid, and that unforeseen conditions could be covered by the $138,000 construction contingency. However, the quantity of unforeseen construction conditions which have arisen have increased the projected project costs and will consequently require consideration of an increase in the project budget of approximately $70,000. A summary of these unforeseen conditions follows. Water Damage. Staff has learned that during the many years of operation of the two spas in the Sports Center, there were numerous occasions when they were allowed to overflow by pass holders who had turned them on and then walked away to use the locker rooms. These overflow events allowed many gallons of water to nm across the floors and seep under and into the walls surrounding the spas. The results of this abuse were clearly evident when the walls were stripped of their finish materials during demolition. Many of the wood stud framing materials had decayed beyond further use and had to be replaced, rather than reused, as called for in the contract. The replacement necessity extended into nearly every wall in the former restrooms, showers, saunas, and locker rooms. Structural Deficiencies. Internal structural sub members between the main glue-laminated wood beams, (glu-lams) supporting the roof, were also found to be severely cracked and poorly connected, requiring additional supports and anchoring devices. These problems occurred in approximately 8 critical locations. The contractor also discovered that the main concrete walls of the new multipurpose room had never been completely anchored to their adjoining walls at each end near the roof. The defect had been concealed by the former ceiling and wall finish material, and once discovered, required a rather significant structural repair of concrete and reinforcing bars 25 feet above the floor. Dry Rot and Internal Termite Damage. Additionally, dry rot and internal termite damage has been found on several columns that support the north side deck. Two of these columns, and one or more cross members, have been exposed to standing water for many years and require complete replacement, in conformance with current structural codes, making their reconnection to the existing roof structure difficult and expensive. This damage was not apparent in the initial inspections and evaluations during design and did not appear until after exterior materials had been removed during the remodeling. FISCAL IMPACT This action would require a one-time budget appropriation from one-time year end savings, in the amount o£$130,000 to fund the balance o£the original Council approved budget o£$2,400,000 and to increase the budget to $2,470,000. Funding included in the project budget Acct. July 1, 2002 $ 2, 340,000 Additional Funding from one-time year end savings 60,000 Total Fully funded approved budget $ 2,400,000 Additional Contingency Funding from one-time Year-end savings 70~000 Total Proposed Final project budget $ 2,470,000 STAFF RECOMMENDATION Staff recommends the City Council Authorize the use of $60,000 o£one-time year end savings to restore the Sports Center project budget o£ $2,400,000, and the use o£ $70,000 increasing the total project budget to $2,470,000, and increasing the cons~ction contingency authorization from $138,000 to $208,000. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager / 3/ -3 CITY OF CUPERJINO Parks and Recreation Department STAFF REPORT Agenda Item No.: } 3 ]~ Agenda Date: October 20, 2003 SUBJECT Approve a fiscal year 2003/04 budget adjustment for the operation of the Cupertino Teen Center in the amount of $40,000.00. BACKGROUND Pursuant to City Council goals, a Teen Center was included in the Cupertino Sports Center remodeling project. The Teen Commission is currently working on the planning for furnishing, marketing, and opening the new facility. When the fiscal year 2003/04 budget was adopted, nothing was included for the operation of the Teen Center because it was assumed the center would not be ready to open until mid June 2004. However, the Sports Center remodeling project is five months ahead of schedule. Staff anticipates opening the Sports Center on Saturday, January 10, 2004. The Teen Center could be opened at the same time if an operating budget is approved. The Teen Center will be located on the first floor with an exclusive entrance and is proposed to operate per the following schedule: · School year: o Monday through Thursday, 3 p.m. to 9 p.m. o Friday, 3 p.m. to 10 p.m. o Saturday, noon to 10 p.m. o Sunday, noon to 5 p.m. Summer and school vacations: o Monday through Friday, noon to 10 p.m. o Saturday, noon to 10 p.m. o Sunday, noon to 5 p.m. Attached is a breakdown of the cost for operating the Teen Center. A minimum amount of time was included for staffmeetings, planning, and program preparation, per week. The majority of the time budgeted will be for direct leadership with youth. The budget is based on six months of operation (January to June) for the 2003/04 fiscal year. October 20, 2002 Page 2 0£3 FISCAL IMPACT Funds are available from 2002/03 year-end savings, if Council chooses to open the Center in January. As an alternative, the Council may choose to wait until the beginning of the 2004/05 fiscal year. STAFF RECOMMENDATION Staff recommends that funds be appropriated in the amount of $40,000 for the first six months of operation of the Cupertino Teen Center. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Therese Ambrosi Smith, Director Parks and Recreation Department David W. Knapp City Manager mp g:\parks and recreation admin\teens\teen center budget cc I 01003.doc October 20, 2002 Page 3 of 3 Cupertino Teen Center Service Level Enhancements 2003~O4 Account Teen Center Total All # 6343 5502 Salaries P.T. $33,600 $33,600 6111 Materials & Supplies $2,750 $2,750 5505 Overtime $- 6114 Postage $1,200 $1,200 6216 Conference Meeting S- Expense 6226 Membership & Dues $- 6219 Mileage S- Reimbursement 6112 Printing and $1,500 $1,500 Duplicating 6112 Rec. Schedule $- 7011 Training $200 $200 7060 Rental Service $- 6203 Professional $500 $500 Services 7014 Contract Instructors/Prof Services 7071 Bank Charges $- Rec Bucks $- 6205 State Mandated $250 $250 Costs 6130 Maintenance of S- Equipment Subtotal of $40,000 $- $- $- $40,000 Projected Expenses CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Iq AGENDA DATE October 20, 2003 SUBJECT AND ISSUE Adoption of Resolution NO. 03- ~ ~ approving the second Amendment to the Franchise Agreement between the City of Cupertino and Los Altos Garbage Company dated December 4, 1995, in order to make clear the "debris box" definition. BACKGROUND Recently, staffhas received several inquiries regarding the use of debris boxes for the disposal of solid waste, construction, demolition and like materials. From these inquiries, it appears that some confusion is occurring around the language in the franchise agreement with the Los Altos Garbage Company (LAGCO) that applies to the requirements for the exclusive hauling of debris boxes by LAGCO. The agreement generally requires that any hauling box, used to collect solid waste and demolition and/or construction waste, is to be hauled by the franchised hauler, i.e., LAGCO. The exception to this requirement is that any non-franchised hauler may haul any "source separated" recyclable materials. The confusion comes from the current definition of debris box as described in the agreement, which is specifically referred to as a "roll-oW' container. The fact that the container has the ability to roll-off a truck is irrelevant as to who hauls the container, i.e., either the franchised hauler (LAGCO) or any other non-franchised hauler. In order to help clarify the definition of "debris box", referred to in Section 1.12 of the franchise agreement, an amendment to the agreement is necessary such that a debris box shall mean "any waste container" used to collect and accumulate solid waste, and to clarify that a container that "rolls-off" a truck is not part of the definition. LAGCO has agreed to this amendment. FISCAL IMPACT There is no fiscal impact in approving this amendment. Priatedon Recyclod Papor i q'~- [ RECOMMENDATION Adopt Resolution No. 03- ~, authorizing the Mayor to execute the second amendment to the Franchise Agreement between Los Altos Garbage Company and the City of Cupertino. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager t q-A_ RESOLUTION NO. 03-196 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND LOS ALTOS GARBAGE COMPANY, INC. WHEREAS, it is necessary to amend the Franchise Agreement with Los Altos Garbage Company, Inc. in order to help clarify the definition of "debris box", referred to in Section 1.12 of the franchise agreement; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes said amendment to the franchise agreement, effective immediately. IT IS FURTHER RESOLVED that the City Council authorizes the City Manager to execute said amendment on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20'h day of October, 2003, by the following vote: Vote AYE S: NOES: ABSENT: ABSTAiN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino A CLARA I~e~y Transportation Authority October 3, 2003 Mayor Michael Chang City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Mayor Chang: I am providing for your information a copy of the Santa Clara Valley Transportation Authority's (VTA) Board Rotation Schedu]e for the years 2000-2009. The schedule reflects the VTA Joint Powers Agreement and the established Group 3 Cities' Rotation Schedule. The City of Cupertino is scheduled to have an alternate member on the VTA Board of Directors for a two-year term, the years 2004 and 2005. Please confirm Cupertino's appointment with Sandra Weymouth, VTA Board Secretary no later than December 15, 2003. Your city's representative will begin his or her term at VTA's Board of Directors regular meeting on January 8, 2004. Do not hesitate to contact Sandra Weymouth, Board Secretary, at (408) 321-5621 if you need additional information. fiape Kennedy, Chairperson ~TA Board of Directors Enclosures Cc: /Council Member Dolly Sandoval, PAC ~/Iember Richard Lowenthal, PAC Member Alternate David Knapp, City Manager Peter M. Cipolla, VTA General Manager 3331 North First Street · San Jose, CA 95134-1906 · Administratio;; 408.321.5555 · Customer Service 408.321.2300 · Aalie y rc nLsAp r;ation Authority VTA Board Rotation 2000-2009 Master Calendar ~ ~ ~- 2001 2002 2003 2004 200~5 2006 200~7 200__8 2009 Campbell A M M M CupertLno A A M A Gilroy A A M M A A M M Los Altos A A M M M M Los Altos Hills I i A A M M Los Gatos A A A M M Milpitas A A M M A A Monte Sereno M A A Morgan Hill M M A A M M Mountain View M M M M Palo Alto A A M M M M San Jose 5MiA 5MIA 5MIA 5M/A 5MIA 5M/A 5M/A 5MIA 5M/A 5M/A Santa Clara M M M M M M A A M M Saratoga A A M M Sunnyvale M M M M M M M M A A County 2M/Jk 2M/A 2M/A 2M/A 2M/A 2M/A 2M/A 2M/A 2M/A 2M/A Italics reflects changes in Group #3 per West Valley Mayor's election of Jane Kennedy to second consecutive term, 09.26.02. DRAFT ORDINANCE NO. 1924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING ONE PARCEL TOTALING .31 GROSS ACRES PARCEL FROM P(PLANNED DEVELOPMENT/WITH LIMITED COMMERCIAL/OFFICE USE ACTIVITY) ZONE TO P(PLANNED DEVELOPMENT/WITH LIMITED COMMERCIAL/OFFICE USE/VOCATIONAL AND SPECIALIZED SCHOOL ACTIVITY) AT 10650 BUBB ROAD. WHEREAS, an application was received by the City (Application no. Z-2003-05) for the rezoning of properties to P(Planned Development/with Limited Commercial/Office Use/Vocational and Specialized School Activity); and WHEREAS, the rezoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A and amended conditions as Exhibit B as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and Exhibit B is hereby rezoned to P(Planned Development/w/th Limited Commercial/Office Use/Vocational and Specialized School Activity ); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 6th day of October, 2003 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 20th day of October 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ORDINANCE NO. 1925 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE, CHAPTER 14.04, SECTION 14.04.040, RELATING TO STREET IMPROVEMENT REQUIREMENTS, AND CHAPTER 18.32, SECTION 18.32.030, RELATING TO SUBDIVISION FRONTAGE IMPROVEMENTS, TO INCLUDE FINDINGS FOR ADOPTION OF A RURAL OR SEMI-RURAL STREET DESIGNATION THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 14.04, Section 14.04.040, is amended to add the following: Certain local streets not covered under the hillside development provisions of this Code may be of such a nature that the City can determine them to be eligible for modified street improvement standards. Developers of properties that front on unimproved or partially improved portions of such a street may apply to the City to modify the improvement standards for that street by requesting that the City adopt a rural or semi-rural designation for that street. The City Council, upon the recommendation of the City Engineer, may approve a rural or semi-rural designation for a street, based upon the following findings. For either a rural or a semi-rural street designation: 1. Conventional improvements are not appropriate due to the character of development in the area, and surrounding developed properties lack such improvements. 2. If sidewalk is not to be provided, the street is not on a recognized route to school. 3. If sidewalk is not to be provided, traffic conditions on the street are such that pedestrians may travel safely along the street without a separate pedestrian pathway. 4. There are no significant accessibility issues that will arise from lack of sidewalk or the use of alternate sidewalk. 5. Waiver of streetlights or alternate streetlights would not contribute to an unsafe condition for traffic, pedestrian travel, or the security of the surrounding neighborhood. There are no maintenance or replacement issues with any alternate proposed. In addition, for a semi-rural designation: 1. Adequate drainage along the street and in the surrounding area exists, or can be achieved, with alternate curb and gutter or dike. 2. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a semi-rural designation for their street. The petition must make it clear that streetlights may not be totally waived along the street, but may still be required at larger spacings or at important locations, such as intersections, along the street. In addition, for a rural designation: 1. Adequate drainage along the street and in the surrounding area exists, or can be achieved, without curb and gutter. l~rcl~nance ]qo. 1095 2. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a rural designation for their street. The petition must make it clear that streetlights may not be totally waived along the street, but may still be required at larger spacings or at important locations, such as intersections, along the street. The petition must also make it clear that street sweeping cannot be performed on streets where there is no curb and gutter. Alternates to standard high curb and gutter (Type A2-6, Fig. 1-16, City of Cupertino Standard Details) that will typically be acceptable are roll curb (Type E, Ibid.) and A.C. Dike (Type A3-6D, Ibid.) If no projects to which a rural or semi-rural standard would apply have occurred along a street within five years of the date that the City Council approved a rural or semi- rural designation for that street, the rural or semi-rural designation will expire, and the standard improvements will again be required for the street until such time that the City Council approves a new rural or semi-rural designation for the street by the process outlined in this section. Any surveys, studies, plans, profiles, etc., determined by the City Engineer as necessary for making any of the foregoing findings for a rural or semi-rural street designation shall be the responsibility of the applicant for such designation. The City will specify the form and content of petitions. Typical "rural" and "semi-rural" street sections are shown in Figure 1-11 of the City of Cupertino Standard Details. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 18.32, Section 18.32.030, is amended to add the following: Any street previously granted a rural or semi-rural designation under the provisions of Section 14.04.040 shall be improved to the standard adopted for that street. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of October 2003, and ENACTED at a regular meeting of the City of Cupertino this 20th day of October 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPEI TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX~ (40~) 777-33q3 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM [~ AGENDA DATE October 20~ 2003 SUBJECT AND ISSUE Cupertino Civic Center and Library Project - Status Report. BACKGROUND On June 16, 2003, the Council awarded the construction contract for the Civic Center and Public Library project to Swinerton Construction in the amount of $ 15,042,000.00, which included $ 347,000.00 in add alternates to the project. On August 4, 2003, the Council approved the "adding back" of five items to the project for a total cost of $740,000, all of which have been restored to the project. These items restored include additions and upgrades to the audio-visual system, furniture and equipment, and ceiling and acoustic systems in the Community Hall, as well as various telecom and power outlets including wireless communication infrastructure in the Library, and the patios adjoining either end of the Community Hall. Construction Status The Phase Il project construction is approximately 10% complete. Most foundation systems and floor slab electrical and plumbing systems are complete. The structural steel framework for the Community Hall has been erected. Structural steel framing for the Library is scheduled to begin in mid-November. The construction project has thus far experienced no significant problems that would impact either the budget or schedule. The project is on schedule for completion in October 2004. On November 3, 2003 staff will provide a report to the Council on the schedule and timing for the purchase of the Library furniture, fixtures and equipment (FF&E). The most urgent need, given fabrication, shipping and installation lead times is the shelving for the collections with an estimated cost of $450,000 which is not within the project budget as it is to be funded by through the fund raising campaign being conducted by the Library Foundation. Printed on Recycled Paper i ~-- ( Budget Summary Program Budget (Library, Plaza & Community Hall) (Less) Community Fund Raising Commitment (FF&E) $25,500,000 (1,200,000) Balance Project Budget (Approved Aug 2001) $ 24,300,000 Project Expenditure Estimates The following expenditure estimates are unchanged from the report provided to the Council on August 4, 2004, except for the inclusion of the "add-backs" approved by the Council at that time. Budget estimates: Soft Costs Architectural Consultants - Design Construction Management (CM) Consultants Specialty Consultants (AV, GeoTech, etc.) Total Hard Costs Temporary Library Phase I Construction Contract Phase 1I Construction Contract "Add-Back" Items (Approved 8-04-03) Phase II Project - other expenditures $ 3,100,000 1,200,000 300,000 $ 4,600,000 500,000 475,000 15,760,000 705,000 1,410,000 $ 18,850,000 Total Project Cost Estimate to Date: $ 23,450,000 End of Project Contingency 850,000 Total Project Estimate $ 24,300,000 This report is for information only and no action is required. Submitted by: alph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager