Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CC 02-17-04
Amended 2-12-04 to add closed session item 10.1 CUPE INO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Tuesday, February 17, 2004 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 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. 1. Approve the minutes from the January 20, February 2, and 3 City Council meetings. Adopt resolutions accepting Accounts Payable for January 30 and February 6, Resolution Nos. 04-261 and 04-262. Adopt resolutions accepting Payroll for January 30 and February 13, Resolution Nos. 04- 263 and 04-264. Adopt a resolution authorizing the City Manager to execute a Local Agency - State Agreement with the California Department of Transportation to receive Bicycle Transportation Account (BTA) grant funds for the Mary Avenue Bicycle Footbridge Project in the amount of $600,000.00, Resolution No. 04-265. February 17, 2004 Cupertino City Counc{l Page 2 Cupertino Redevelopment Agency Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement with the Cupertino Union School District (CUSD) to provide for a temporary school pedestrian crossing guard at Collins School during construction related to the conversion of Collins School from an elementary to a middle school, and authorizing the City to receive funds from the CUSD for the crossing guard, Resolution No. 04-266. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements). No documentation in packet: a) William Hurt, 21860 Alcazar Avenue, APN 357-14-036 b) Richard Joseph and Grace Perez, 10485 Byme Avenue, APN 357-12-040 c) Steven and Laura Patterson, 10106 Crescent Court, APN 326-17-029 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS Consider request to reconsider Application Nos. Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA-2003-11, Ken Busch/Regis Homes, 21255 Stevens Creek Boulevard, APN(s): 326-27-035 (Oaks Shopping Center). (Applicant requests that this item be continued). PLANNING APPLICATIONS UNFINISHED BUSINESS Adopt a resolution adopting a Donor Recognition Artifacts Policy and Procedure, Resolution No. 04-270. NEW BUSINESS Reorganization proceedings for territory designated as Monta Vista 02-07. (Continued from 2/2/04): a) Verify the number of protests b) Adopt a resolution making determinations and approving the reorganization for territory designated as Monta Vista 02-07, consisting of approximately 43.41 acres of developed and undeveloped, tmincorporated property generally bounded by Stevens Creek Boulevard, Union Pacific Railroad tracks, McClellan Road and Blackberry Farm, commonly known as Monta Vista, and the detachment of the February 17, 2004 Cupertlno City Council Page Cupertino Redevelopment Agency same territory that is within the Santa Clara County Lighting Service Area, Resolution No. 04-267 10. Cupertino Civic Centers and Library Project: (a) Recommend the allocation of up to $350,000.00 in end of project contingency funds for upgrades and add-backs to the project scope of the Library/Civic Center Project (b) Report on Library Furniture, Fixtures, and Equipment (FF&E) funding and allocation of funds in the amount of $439,248.00 for the Book Stack Shelving Contract and in the amount of $150,000.00 for Amendment No. 4 to the SMWM Design Agreement for a total allocation of funds $589,248.00 (c) Consider bid protest, review bids, waive minor irregularities in the bid documents, and award the Civic Center & Library Project-Book Stack Shelving Contract, Project No. 2003-05 to The Ross McDonald Company, Inc., the lowest responsive, responsible bidder, with the base bid amount of $418,440.00 plus Alternate No. 1 in the amount of $20,808.00 for a total of $439,248.00 (d) Adopt a Resolution authorizing the City Manager to negotiate and execute Amendment No. 4 to the Design Agreement with SMWM Architects for Library FF&E design services in the amount of $125,000.00, and authorizing the Director of Public Works to approve up to $25,000.00 of additional services for a total authorization of $150,000.00, Resolution No. 04-268 CLOSED SESSION 10.1 Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with representatives Dick Whitmore, David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. NEW BUSINESS (continued) 11. Adopt resolutions approving fiscal year 2003/04 terms and conditions of employment for the bargaining unit represented by Operating Engineers, Local Union 3 (OE3), and approving extended benefits for the City Employees' Association and unrepresented employees, Resolution Nos. 04-269, 04-271, 04-272, and 04-273. 12. Deny request for fee waivers from three organizations in the amount of $225.00 each to' hang banners across Stevens Creek Boulevard. 13. Accept a donation from the Langlois Unitrust in the amount of $17,153.25 for use at the Cupertino Senior Center. February 17, 2004 Cupertino City Council Page Cupertino Redevelopment Agency ORDINANCES STAFF REPORTS 14. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). COUNCIL REPORTS ADJOURNMENT Adjourn to Monday, March 1 at 5:00 p.m. for a joint study session with the Planning Commission to consider recommendations from the .General Plan Task Force, Council Chambers, City Hall, 10300 Tone Avenue. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In compliance with the Americans with Disabil!ties Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons wtth qualified disabilities. If you re. quire special assistance, please contact the cry clerk's office at 408-777-3223 at least 48 hours tn advance of the meeting. CUPEI TINO DRAFT MINUTES Regular Meeting Tuesday, January 20, 2004 ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. At 5:00 p.m., Mayor James called the meeting to order in Conference Room C. STUDY SESSION Discuss the options for the purchase of the FF&E (Furniture, Fixtures, and Equipment) for the new library as well as funding for the purchase and installation of shelving. Public Works Director Ralph Quails gave a PowerPoint presentation. His comments included: · The entire library project is on schedule and it should open October 2004 · The library shelving package has gone out to bid, and the bids will be opened January 22 and brought to Council sometime in February · The engineer's estimate is $550,000 for the shelving and the total FF&E is $1.3 million · No City money has been budgeted for the shelving project. Options without funding would be to downsize the offices or have used furniture · He mentioned Council-approved upgrades that are underway such as the signage and the community hall garden rooms (patios). Remaining upgrades include the kitchen, conference room, and stone paving for a total of $350,000.00 for all the add-backs · $475,000.00 of uncommitted funds would be leftover from the project budget as project contingency, but is not expected to be needed to finish any of the buildings or the plaza · Options to fund the shelving project include: advancing monies from other City funds such as the $475,000 from the uncommitted contingency, the solid waste fund (would have to pay back with interest), or the general fund reserve; eliminate funding of extra library hours; and have the library department generate some revenue by charging for services such as book holds, with permission of the Library JPA January 20, 2004 Cupertino City Council Page 2 Administrative Services Director Carol Atwood sunanarized the 2003/04-budget revenue and said that the City is projecting a $3 million loss. She said staff would be bringing to Council budget cuts in the amount of $1.7 million and asking Council to take $1.5 million from thc Economic Uncertainty reserve. She recommended not funding extra library hours instead of using more Economic Uncertainty funds, and investigate the feasibility of charging for holds. She said that currently the City has $60 million in debt, and she anticipates that it will be necessary to use the economic reserves in fiscal year 2004/05 as well. Lowenthal, who is also a member of the Library JPA board, suggested that the City discontinue the library hours subsidy and let the JPA internally decide to charge for holds to fund the extra hours. Nicol Lea, Library Foundation member, said that the fundralsing campaign is doing well. She said she felt confident that the money could be raised using a unified approach. She recommended caution regarding the message the City sends to the community regarding reducing library hours to fund the campaign, because that would be another hurdle that the campaign would have to overcome to raise funds. Melinda Cervantes, County Librarian, said that the JPA board meets next on January 29 and it will be discussing a potential fee for holds and other fees. She said that the software would need to be upgraded first. She said that the monies collected for hold fees and other fees would go into the revenue stream and would then be allocated to each city. She said she could not guarantee that the fees from every hold placed at the Cupertino library would go back to Cupertino. She said that Cupertino wasn't alone in considering extra library hours on Sunday since only two other libraries were able to fund the extra hours. She said the county library is projected to lose a substantial portion of its operating budget and even with the passage of Measure B, it may lose some of the current hours it operates. Pat Rogers, President of the Library Foundation, said that the Foundation has been thinking about making a donation to the fundraising campaign but that much of the money is tied up in endowments. He said that this would be discussed at the meeting of January 28. He said they had planned to make the contribution in April, but he would ask the board if it could happen sooner. Kathy Stakey, member of the Friends of the Library, said that the Cupertino Library averages 160,000 items checked out each month, 650 items per hour, and about 26,000 visits each month. She said that Cupertino has one of the highest usages in the entire system. January 20, 2004 Cupertino City Council Page 3 Mary-Aun Wallace, Cupertino Librarian, said that Sunday is the busiest day of the week. Eno Schmidt, Chair of the Library Commission and Treasurer of the Library Foundation, commended staff for having brought the project in under budget and for having saved a money that could be re-directed to the upgrades. He said that some of that savings has not been re-directed into the FF&E campaign, and he suggested that be considered. Lowenthal said that due to the dire budget situation, money from the uncommitted fund should go back into the General Reserve. He suggested a deadline of February 15 to raise the $550,000.00 for the shelving, or funding would have to be cut for extra library hours so the shelving could be purchased.. He said the next deadline would be April 15, when an additional $550,000.00 was needed for the library furnishings. He said the last $200,000.00 for staff furnishings could be obtained later when the money has been raised. Nicol Lea suggested having June 15 as a deadline for the final $200,000.00. Qualls said that staff could defer bringing to Council the bid award until February 17. Sandoval said that it was bad fiscal management to take one-time-cost monies from the reserves to fund on-going operational costs. She said she really didn't want to take any money from the reserves to fund the project, and the first goal should be to get it from the campaign. The second option would be to debt financing for the one-time monies. She said that the community should know that the City might still have to still be limiting library hours next year, in order to pay for the library. Kwok, Wang and James were opposed to using the reserves. James said she would be interested in debt financing. Discuss the Fourth of July budget. Parks and Recreation Director Therese Smith gave a PowerPoint presentation on the Fourth of July fireworks. She highlighted the recommended detonation site of Cupertino High School, visibility, and budget. She said that $6,000.00 is currently available and the City needs an additional $60,000.00. She said that in order to provide entertainment at three venues (Sedgwick, Hyde, and Creekside), an additional $13,000.00 would be needed. RECESS Council recessed from 6:40 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE January 20, 2004 Cupertino City Council Page 4 At 6:45 p.m., Council reconvened in the Council Chambeirs, and Mayor Jmes led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. Mayor James reordered the agenda to take up item number 22 first. CLOSED SESSION 22. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp, Carol Atwood, Ralph Quails, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. City Attomey Charles Kilian stated that the City Council met in closed session regarding negotiations with the OE3 labor union. He said the discussion was an update on status and Council took no action. CEREMONIAL MATTERS - PRESENTATIONS Wave Award presented to the Cupertino Senior Television Productions for their program "The Better Part," a public access program created by seniors for seniors. An excerpt was shown of an ABC news story regarding the 20-year anniversary of this group. Mayor James presented a proclamation to Diane Benedetti on behalf of Cupertino Senior Television Programs. Ms. Benedetti said the group has agreed to film a "living history" program, as suggested by Mayor James, in which seniors would relate stories from their own personal histories. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR January 20, 2004 Cupertino City Council Page 5 Lowenthal/Kwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of items 8 and 10, which were pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Approve the minutes from the December 15, 18, January 5, 9, 12 (mended), and 13 City Council meetings. Adopt resolutions accepting Accounts Payable for December 19, 26, and January 9, Resolution Nos. 04-243 through 04-245. 6. Adopt a resolution accepting Payroll for January 2, Resolution No. 04-246. Adopt a resolution approving the destruction of records from the City Clerk, Code Enforcement, and City Manager offices, Resolution No. 04-247. Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Kimley-Hom and Associates, Inc. for design services for the Safe Routes to School Cycle 3 Project in an amount not to exceed $90,000.00 and further authorizing the amount of $15,000.00 for additional services that may be required upon approval of the Director of Public Works, for a total allocation amount of $105,000.00, Resolution No. 04-249. 11. Approve the Planning Commission nomination of Taghi Saadati for Environmental Review Committee alternate. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Adopt a resolution supporting Measure B to continue support for Santa Clara County libraries, Resolution No. 04-248. Sandoval said this measure, to be placed on the March 2 ballot, would help to fund the library functions by extending the parcel tax assessment for seven years. Lowenthal said it would slightly raise the tax, for a total of $33.67 per year, which is about 20% of the overall library budget. He said if it failed, there would be a large impact on the materials funding and the library may have to close for one day a week. He said that a kickoff event would be held at the Senior Center on February 11 at 5:30 p.m., and anyone wishing to participate or contribute could contact him or Councilwoman Sandoval. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 04-248. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 10. Authorize the City Manager to sign a lease agreement for the rental of the Sirmms house. January 20, 2004 Cupertino City Council Page 6 Sandoval gave some background on the Simxns house, which was acquired some years ago when the area was at some risk of development. She said it served as affordable housing for single parent families, but they have moved out and the building is badly in need of repair. She said a master plan is being developed for the area, but that will take some time to implement, so this two-year lease will bring in rent in the meantime. Robert Levy, Wilkinson, said he understood that the Council was postponing activity on the creek trail over a lack of funds, and he did not wish this property to be sold or given a permanent leasehold. Lowenthal/Kwok moved and seconded to authorize the City Manager to sign a lease agreement. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARINGS 12. Consider renewing bingo permits for St. Joseph of Cupertino Church and Cupertino Coordinating Council. At 7:42 p.m. Mayor James opened the public hearing. There were no speakers, and the hearing was closed. Lowenthal/Sandoval moved and seconded to renew the bingo permits. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 13. Order the abatement of public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 03-225, Resolution No. 04-250. Kwok/Lowenthal moved and seconded to adopt Resolution No. 04-250. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 14. Consider the Schedule and Options for the purchase of Furniture, Fixtures, and Equipment (FF&E) for the new Cupertino Public Library. Public Works Director Ralph Qualls said a study session on this topic had been held earlier, and suggested that Council discuss the item at this time but defer action on this item until February 17 when he will be presenting the results of a bid opening. Nicol Lea, representing the Cupertino Library Campaign, invited the conlnlunity to contribute towards the purchase of fumiture, shelving, and other elements in the new January 20, 2004 Cupertino City Council Page 7 15. library. She said a new category for donations had been created, and there was a need for 150 shelves available for sponsorship at $1,000 each. She thanked those who had already made donations, and said that said a meeting would be held at Cupertino National Bank on Friday, January 30, for anyone who was interested. Lowenthal/Kwok moved and seconded to defer action until February 17 on both the FF&E as well as the decision about adding back portions of the project. Vote: Ayes: James, Kwok, Lowenthai, Sandovai, and Wang. Noes: None. Absent: None. Adopt a resolution authorizing removal of the traffic barrier from Pacifica Drive and denying the petition to permanently close Silverado Avenue, Resolution No. 04-251. Public Works Director Ralph Quails reviewed the staffreport and the traffic study. The following individuals were in favor of removing the gate: · Leonard Ezerski, Farallone Dr. · Jim Rodriquez, Somerset Ct. · Jody Hansen, Silverado Ave., Chief Executive Officer of the Cupertino Chamber of Commeme · Earl Schmieding, Farallone Dr. · Sally Larson, Rodrigues Ave. Their comments included: 1) Emergency vehicles need to get through quickly; 2) It's a hindrance to parents dropping off children at school; 3) The gate is illegal; 4) Since the construction of Highway 85, traffic has been reduced in that area; 5) It is easier and safer to reach De Anza Blvd. from Silverado; 6) Cupertino isn't a gated community; 7) Have as many streets possible provide access to the new library. Steven Scharf, Somerset Dr., said he was opposed to removing the traffic barrier without further information. He asked that any action on the gate wait until a proper traffic study on the gate could be done, and after the new library and Cupertino Town Center were built and fully occupied. He said that the CalTrans Office of Traffic Control Devices indicates that traffic control devices were not included in the state definitions since 1984, and the City Council minutes of October 1, 1984 state that the City Council acknowledged the change in the California law and the City Attorney acknowledged that the device was legal. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04~251. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. January 20, 2004 Cupertino City Council Page 8 16. Review and approve mid-year budget adjustments for fiscal year 2003/04: (a) Authorize transferring $60.000.00 to provide additional funding for Phase II of the Yellow and Pedestrian Head LED Traffic Signal Upgrade project from the Minor Signal Upgrades Account (b) Authorize transferring $131,000.00 to the City Center Park project from the Traffic Operations Account ($91,000.00), Memorial Park Ball Field CIP (($25,000.00) and Portal/Wilson Park Renovation CIP ($15,000.00) (c) Authorize appropriating $66,000.00 from the General Fund Economic Uncertainty Reserve to fund the 2004/05 fireworks (d) Authorize reductions from various accounts in the amount of $1.7 million, and the use of the Economic Uncertainty Reserve in the amount of $1.5 million to fund the projected revenue shortfall for the fiscal year 2004/04 Administrative Services Director Carol Atwood reviewed the staff report. Council members discussed the Economic Uncertainty Reserve and considered whether to keep funding the City's out-of-pocket costs for festivals such as the Cherry Blossom Festival, Unity Parade, and the Art and Wine Festival. Sandoval said she would like to go on record as giving notice to those non-profit organizations that the City will charge them out-of-pocket costs beginning July 1, 2004, and will continue that practice into the furore as long as necessary. She suggested that the city continue to pay those costs out of Economic Uncertainty Reserve this year, since the community events have already been advertised. Council concurred to direct staff to come back with other recommendations for funding the cultural and community events instead of charging out-of-pocket costs, and to give notice to event planners regarding next year's festivals. KwolUSandoval moved and seconded to approve (a) and (b). Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Sandoval moved and seconded to approve (d), except for the $24,000 for festival support to be discussed at a later date. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Mayor James reordered the agenda to take up item number 17 next and to come back to number 16 (c), community fireworks. January 20, 2004 Cupertino City Council Page 9 17. Consider terminating the Red Light Running Program. Mayor 16. Public Works Director Ralph Quails reviewed the staff report. Captain John Hirokawa of the Santa Clara County Sheriffs Office said that there had been a decrease in the number of vehicles running red lights, but it's not clear whether it was due to the cameras or increased education regarding the hazard. He said that approximately 100 citations per month were written based on the camera system, but there was limited compliance and only about 35% of those fines were collected. He talked about other traffic enfomement options available. Kwok/Lowenthal moved and seconded to terminate the program. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. James reordered the agenda to discuss Item number 16 (c) next. Review and approve mid-year budget adjustments for fiscal year 2003/04: (c) Authorize appropriating $66,000.00 from the General Fund Economic Uncertainty Reserve to fund the 2004/05 fireworks Parks and Recreation Director Therese Smith repeated the slide presentation on the Fourth of July fireworks, which had been given at the earlier study session. She highlighted the recommended detonation site of Cupertino High School, range of visibility, and budget impacts. Robert Levy said that the City should be concerned about spending money on other issues such as filling potholes, rather than a 20-minute firework show. There was a clarification that the amount to be appropriated is $60,000. Kwok/Lowenthal moved and seconded to authorize the appropriation of funds in the amount of $60,000. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 18. Adopt the updated Emergency Operations Plan. Emergency Services Coordinator Marsha Hovey reviewed the staff report. She described a new program for which the City is recruiting called the Medical Reserve Corps. She said that the Office of Emergency Services received a $50,000 grant for the next three from the Surgeon General's Office to improve the disaster medical response capability of the City, since it doesn't have a full-service hospital. She explained that the City is looking for community members with medical backgrounds who would not have to respond to a local hospital in the event of a disaster, and so could help out the Community January 20, 2004 Cupertino City Council Page 10 Emergency Response Training (CERT) teams in first aid. She said that the City would pay for all of their training. Sandoval/Lowenthal moved and seconded to adopt the updated Emergency Operations Plan. Vote: Ayes: James, Kwok, Lowcnthal, Sandoval, and Wang. Noes: None. Absent: None. 19. Set a date or dates to consider recommendations from the General Plan Task Force. Council selected March 1 at 5:00 p.m. and March 2 from 3:00 p.m. to 6:00 p.m. for a joint study session with the Planning Commission, assuming there will be a quorum. 20. Conduct the first reading of Ordinance No. 1934: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.80.010 of the City's Ordinance Code Modifying the Composition of the Fine Arts Commission.''' The City Clerk read the title of the ordinance. KwokJLowenthal 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: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES 21. Conduct the second reading of Ordinance No. 1933: "An Ordinance of the City Council of the City of Cupertino Rezoning Approximately 4.3 Acres of Property from ML(Light Industrial) to P(Res) for Imperial Avenue." Kwok/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Rhoda Fry, San Femando Avenue, said that she is against rezoning. She said that having light industrial on Imperial provides a habitat for businesses that serve the community by providing a variety of jobs and broadening the diversity of the tax revenue base. She asked the Council to preserve light industrial on Imperial. Community Services Director Steve Piasecki said that this rezoning only involves the Astoria development that already has residential on it and does not encroach further into Imperial Avenue. He said this item is to correct an oversight when the project first went ahead. Kwok/Sandoval moved and seconded to enact Ordinance No. 1933. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. January 20, 2004 Cupertino City Council Page 11 STAFF REPORTS City Clerk Kimberly Smith said that the City Clerk's Office would re-advertise vacancies for the Housing Commission, the Bicycle Pedestrian Commission and the Community Development Block Grant (CDBG) Committee, and would hold interviews on March 15 at 5:00 p.m. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, which included: The Santa Clara County Cities Association will form an ad-hoc group with the Silicon Valley Manufacturing Group, Joint Venture of Silicon Valley, and with the Silicon Valley/San Jose Chamber of Commerce to discuss ways to improve the business climate in Silicon Valley; The Library JPA has a February 11 kick-off at the Cupertino Senior Center for the Measure B campaign; The Lunar New Year Unity Parade will be awarded the Bridge Award by the Cupertino Chamber of Commerce on February 3; On March 5 at 3:00 p.m. at the HP property on Pruneridge, Beez Jones, a community volunteer and one of the City's founders, will be honored and a plaque will be put up on the old barn at that site; The City Council goal-setting session went well; Council took a hike to inspect the Stevens Creek Trail Alignment; The new Cupertino Sports Center and Teen Center would open on January 10; There will be two evenings of commission interviews; A new CERT training class will begin; and Bhai World Religion Day was held at Quinlan Community Center. ADJOURNMENT At 9:50 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, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/City Council/Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CUPEI TINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, February 2, 2004 PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval (7:58 p.m.), and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piaseeki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. CLOSED SESSION Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with representatives Dick Whitmore, David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. This closed session was tabled. Another closed session was held later in the evening. Mayor James reordered the agenda to discuss item 12 next. NEW BUSINESS 12. Presentation from Fremont Union High School District (FUHSD) regarding projected number of students from new developments. (No documentation in packet). Stephen Rowley, Superintendent of the Fremont Union High School District (FUHSD), gave a slide presentation titled "School Capacities and the Impact of Growth." He said that this year the district expects no new revenues, additional State budget cuts, and health care costs are increasing. He explained that, both locally and nationally, there is a large increase in the number of students coming into high schools. He said that next year FUHSD expects 400 more students, and they must absorb the costs associated with those students. February 2, 2004 Cupertino City Council Page 2 He said that commercial growth in Cupertino and Sunnyvale brings tax dollars into the district, and increases in property tax are also beneficial, but demographic growth has a negative impact. He added that new development can be either good or bad for the district's capacity. Rowley explained that a "revenue limit" means the schools receive a blend of both local and property taxes, as well as some state aid. As property tax increases, state aid decreases and districts become "basic aid" districts. He said that FLrHSD is one of the poorest basic aid districts, and that not all districts have the same limits. Rowley said that currently there is $6,120 per student, and in 2004-05 that is expected to drop to $5,759 per student because of the extra 400 students coming into the system from the 9th grade. Rowley also discussed school capacity and enrollment figures, and said in 2003-04 there were 100 spaces available, but in 2006-07 that will drop to a negative 54 at Cupertino High School. He said that can probably be managed, but in Fremont and Homestead the impacts on capacity are much more severe. He explained that for each home valued at $1 million, schools receive about $1,800. He noted that it typically costs $6,000 per student to p~ovide services, unless they are special education students, which cost an additional $15,000 per child. Rowley said that they feel their enrollment projections and capacities are very accurate, but there is really no way to anticipate the impact on education costs of a specific development, given the margin of error. He said that their concern was less about growth than demographic dynamics. Mike Refetto, Assistant Superintendent, said that city staff provides the district with information about pending application, and projections are developed on a case-by-case basis. He said that they do not consider cumulative impacts of multiple developments unless the complex will bring in a couple hundred students, and he explained that the district's greatest role occurs at the time of General Plan changes Rowley said that the school district would be exploring a parcel tax, which they feel would be the best way to restore fimding to the high school district. Council received the report, and no action was taken. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None February 2, 2004 Cupertino City Council Page 3 ORAL COMMUNICATIONS Kathy Stakey, representing the Friends of Cupertino Library, said that Council had discussed closing the library on Sundays. She said that was a matter of great concem, because it is one of the library's busiest days, and one of the few available for families to go together. She asked if the Council could publicize this issue to the connnunity to be heard prior to a decision. Dorothy Stow, Los Ondas Way, said that the March 2 election would include Measure B, which would keep the Santa Clara Library system strong. She explained that the current voter- approved parcel tax, which provides 21% of the library system's budget, would end this year, that Measure B would extend the tax for 7 years at a cost of $42 per year per parcel. She said that if the measure fails, there would be reduced library hours, fewer books and research materials, and fewer literacy programs. She encouraged people to get involved by contacting her. CONSENT CALENDAR Lowenthal/Kwok moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of No. 6 that was pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: None. Absent: Sandoval. Adopt resolutions accepting Accounts Payable for January 16 and 23, Resolution Nos. 04-252 and 04-253. 3. Adopt a resolution accepting Payroll for January 16, Resolution No. 04-254. 4. Accept the Treasurer's Budget Report for December 2003. Adopt a resolution accepting the Treasurer/Deputy Treasurer appointment, Resolution No. 04-255. Adopt a resolution approving the final map of tract'no. 9476, located on Stevens Creek Boulevard, Stevens Creek Apartments, a Califomia Limited Partnership (Verona), and authorizing signing of final map, Resolution No. 04-257. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements), Tra Vigne Village and Plaza (Stevens Creek Investors, Inc.), APN 316-21-029. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Adopt a resolution authorizing staff to apply for California Department of Transportation Safe Routes to School Program, Cycle 5, grant funds for the Garden Gate Elementary School Neighborhood, and approving an additional appropriation of $27,500.00 to provide a total $47,500.00 in local match funds required for the City to receive the grant funds, Resolution No. 04-256. February 2, 2004 Cupertino City Council Page 4 Public Works Director Ralph Quails explained that the staff report asks for an appropriation of funds, but at this time only a commitment is required, and the funds will be requested later if the grant is awarded. KwokdLowenthal moved and seconded to adopt Resolution No. 04-256. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: None. Absent: Sandoval. PUBLIC HEARINGS Consider adopting a resolution making determinations and approving the reorganization for territory designated as Monta Vista 02-07, consisting of approximately 43.41 acres of developed and undeveloped, unincorporated property generally bounded by Stevens Creek Boulevard, Union Pacific Railroad tracks, McClellan Road and Blackberry Farm, commonly known as Monta Vista, and the detachment of the same territory that is within the Santa Clara County Lighting Service Area, Resolution No. 04-258. Community Development Director Steve Piasecki reviewed the staff report and explained that it is a request to bring the unincorporated areas in the Monta Vista area into the City of Cupertino. He showed slides that included a map showing the areas to be incorporated, and a chart comparing this reorganization to other county pockets that were brought into the city. He explained that there is an alternate method that allows for areas less than 75 acres to be annexed regardless of protest, but that is not in keeping with the Council's policy of only annexing people who want to come into the city. Mayor James opened the public hearing at 7:48 p.m. to receive public testimony and protests. One additional written protest was received, and there were three speakers. Robert Levy, Wilkinson Avenue, said he hoped sufficient notice was provided, because when heatings were noticed on the Stevens Creek Trail and Regnart Trail, many people said they did not receive the information and only heard about it from friends. Mike Langberg, resident of Monta Vista, said he had seen many changes in the last I0 years, and those would continue whether or not the properties were incorporated into the City. He said he was concerned about sidewalks being put in, lax enforcement of building rules, etc., and felt that becoming a part of the city would give them a stronger voice in the outcome, since about 60% of the neighborhood is already in the city. Rhoda Fry, San Femando Avenue, said the influence of the City of Cupertino had degraded their quality of life, and she asked that it be fixed. Her suggestions included acknowledging the Town of Monta Vista's history, eliminating diesel buses from the neighborhood, improving the entrance to Blackberry Farm, instituting design reviews for new construction, and address problems such as power poles in middle of the street, two street lights next to each other, and even out the streetscape instead of alternating street and sidewalk. Mayor James noted that one reason for the current inequities is that the city and county have different standards. l:ebruary 2, 2004 Cupertlno City Councll Page 5 Mayor James asked if any Monta Vista registered voter or property owner who had filed a protest wished to withdraw it. There were no requests for withdrawal, and Mayor James closed thc public hearing at 7:55 p.m. and asked the City Clerk to determine the value of the submitted written protests. City Clerk Kimberly Smith said that an election could have been triggered if protests were received from 25% of the property owners that owned 25% of the total land valuation. She said that there were insufficient protests from property owners to trigger an election, because that required 25% of the property owners that owned 25% of the total land valuation, and that threshold had not been reached. She said an election could also be triggered if protests were received from 25% of the registered voters residing in the unincorporated pockets, but she could not make an immediate determination as to whether sufficient valid protests had been received. She asked that the item be continued so she could obtain the most current list of registered voters. Kwok/Wang moved and seconded to continue this item to February 17. Vote: Ayes: James, Kwok, Lowenthal, and Wang. Noes: None. Absent: Sandoval. PLANNING APPLICATIONS - None UNFINISHED BUSINESS 10. Review and approve mid-year budget adjustments for fiscal year 2003/04. At 7:58 p.m., Council member Dolly Sandoval was present. Administrative Services Director Carol Atwood reviewed the staff report and explained that at the January 20 meeting staff presented Council with $3.2 million in budget reductions. Council approved that with the exception of three items, and asked staff to identify additional cuts or revenues instead in lieu of eliminating $24,000 for actual costs for community festivals through June 2004. Atwood recommended that the Council make the following adjustments to the mid-year budget in lieu of charging for festivals. Election Cost Savings $10,000 Reduce Community Congress budget $10,000 Reduce Telecommunication Legal budget $ 4,000 $24,000 Lowenthal/Sandoval moved and seconded to make the three adjustments as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. February 2, 2004 Cupertino City Council Page 6 11. Consider Donor Recognition Artifacts Comxnittee report and give direction to staff on developing a policy. City Manager David Knapp reviewed the staff report and the request from the Cupertino Educational Endowment Fund (CEEF) for a donor ~'ecognition area in City Center Park. Kwok said he was concemed that, in terms of monetary contributions, this proposal was not consistent with Resolution No. 03-162, the policy for naming city facilities and recognizing donors. He said that the donation would come from CEEF, a nonprofit organization, and suggested that the phrase in the policy criteria be amended fi.om "donor organization" to "recipients." He wondered whether other groups should also be allowed to participate, such as private schools and nonprofits that support education, including the Rotary Club or the YMCA. He also asked if the nonprofits should have the authority to put these items on city-owned property. Steve Andrews, member of the CEEF board, said that the organization has given over $8 million to the school district over the years, and that their intention was to install pavers in a public location, in that way giving recognition to those private citizens that have provided that money. Eleanor Watanabe, director of CEEF, asked for the Council's support, and said this is a wonderful way for CEEF and the City, as partners, to acknowledge the donors who support education. Council members discussed some changes to the policy criteria. Sandoval suggested that, when crafting the policy language, it should not specify just the City Center Park. She suggested that the staff recommendation at that time include putting the CEEF bricks in the city center park, which would differentiate the policy fi.om the action. Kwok said that there was ample support from the other Council members to proceed with this project. He said he had a great deal of respect for CEEF, and he wanted potential donors to know that the City Council is united. Also, he felt the criteria changes addressed some of his concerns, so he would vote in support of a motion to proceed. Sandoval moved to make the changes in the policy criteria listed in the staff report (shown below) and direct staff to develop a policy for approving and install donor artifacts, including the criteria changes. Lowenthal seconded. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. The criteria changes were as follows: Dznzr ergm~zat!zns wau!d ~= !im'.'tefl to The authorized foundations of public school districts only (i.e., ~ Foothill-De Anza Community College, Cupertino Union, Fremont Union High School) February 2, 2004 Cupertino City Council Page 7 13. 14. · Installing artifacts should be limited to City Center Park only and the City exclusively will determine what space in the park is available and direct and approve the appearance and specifications for any donor artifact · The public school entity should bear all cost associated with installing the artifacts including but not limited to the design, fabrication, installation and any other incidental expenses associated with the installation · No installation of a combination of tiles, bricks, etc. should be permitted that would form a mosaic · The City shau!d reserves the exclusive right to remove the donor artifacts as it deems appropriate. Discuss the possible restructuring of the Valley Transportation Authority (VTA) board (Request by Council member Sandoval). Sandoval recommended that the Council not sUpport the suggestion by the City of Milpitas to expand the VTA board to 21 members. She said that if it were to be expanded so every city had a vote, then a small city such as Monte Sereno, with a population of 3,000, would have a vote with the same weight as Cupertino's population of 52,000 or San Jose's population of 93,000. She noted that if the board were going to be larger than 15 members, it would require approval by the state legislature. Sandoval said that the West Valley cities have much stronger communication, and it is often looked upon as the model for discussion in the VTA. She said that the south and north-county groups are be encouraged to share their knowledge as they sit on the VTA board as members and alternates, and that packets are available electronically so all cities can stay up to date. Sandoval said that, in the future, the board might want to consider different city groupings that are based on size instead of geography. Review and adopt City Council goals for 2004. Council members reviewed the goals as revised at the January 9 study session, and made the following additional revisions: · Add the phrase "Items are not in priority order" at the top of the document Goal 3, Parks, reorder the bullets as follows: (1) Complete the Stevens Creek Corridor Master Plan; (2) Complete the environmental review...; (3) Support the Cupertino Historical Society...; (4) Work with the Santa Clara Valley Water District...(5) Apply for grant funding; (6) Renew the Blue Pheasant lease. Goal 7, Economic Development, amend the first arrow to read "Encourage, retain and support a healthy environment for retail growth" · Goal 8, General Plan, add a comment that a General Plan Task Force was established · Goal 9, Public Safety, add an arrow titled Red Light education, and add a comment that "Since the red light camera system was eliminated, funds will be provided for the Bicycle Pedestrian Commission to expand the red light education program that they began with articles in the Cupertino Scene" February 2, 2004 Cupertino City Council Page 8 Robert Levy, Wilkinson Drive, referred to Goal 14, School Partnerships status, which stated that the Public Safety Commission was working to improve traffic in the tri- schools neighborhood. Levy said the commission's agendas and minutes reflect some discussion on this topic, but members of the tri-schools action committee were not aware of it. He said there might be a lack of communication that should be addressed. He also asked if it was appropriate for the library to have a coffee shop when the city is struggling to raise money for construction and furnishings. James said that the coffee shop space will be leased out and will be revenue-producing. She said that no construction money was needed, only additional funds for furnishings and fixtures. Joe Walton, a member of the Cupertino Bicycle Pedestrian Commission, said the Commission feels that the Stevens Creek Trail should be a multi-use trail, available to both walkers and cyclists, and that he was not aware of a trail in the region that wasn't multi-use. Rhoda Fry, San Fernando Avenue, suggested the definition of multi-use be specified, since it means different things to different people. She also suggested an ambassador on the staff be assigned so the public would know who to contact on each of these items. Ann Ng, Bollinger Drive, spoke in favor of continuing the concept of a multi-use trail throughout the entire corridor, including the area where the Historical Society buildings will be. 15. Lowenthal asked that the Bicycle Pedestrian Cbmmission give recommendations or testimony to Council on realistic methods to limit bicycle speeds on trails shared with pedestrians. Deborah Jamison, Rumford Drive, said there are various ways to achieve the goal of providing trails access for various users. She said some plans would have a bifurcated trail at Stevens Creek Boulevard, so that the pedestrians, strollers and wheelchairs would proceed along a narrower, more natural trail. She said that the city is fortunate that there are two parallel roads on either side of the corridor, and there are many options. Lowenthal/Kwok moved and seconded to adopt the City Council goals as revised. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Adopt a resolution expressing intent to enter into a long-term, no-cost lease with Cupertino Historical Society (CHS) for renovation, occupation, and management of the Stocklmeier property and the historic barn and blacksmith shop at McClellan Ranch Park, upon reaching fundraising goals, Resolution No. 04-259. Therese Smith, Parks and Recreation Director, said that the Cupertino Historical Society proposed to renovate the house for purposes of providing a living history center, and that proposal was consistent with the vision that came out of the community process regarding February 2, 2004 Cupertino City Council Page 9 16. the best use of Stevens Creek Corridor Park. She said they estimate it may take 3-5 years to raise sufficient funds to renovate all buildings, but may recommend doing it in phases. Mark McKenna, Vice-President of the Cupertino Historical Society, said that the Historical Society has the will and the passion necessary to create the Living History Center and encouraged Council's support. Christine Jeffers, Executive Director of the Cupertino Historical Society and Museum, said the Center would provide children with hands-on learning opportunities such as cutting cots, pressing grapes, making butter, and making silicon chips. She said that they already have offers from volunteers to repair the barn, and that they would hire a campaign consultant to assist them in fundraising. She said the city would be considered a partner in this process, and the Society would accept any limits placed upon them, and that it was important to act swiftly to save the structures. Robert Levy, Wilkinson Avenue, said this proposal would have many ramifications and the Stevens Creek Trail corridor hasn't been designed yet. He said he liked the idea, but thought the city was jumping in too soon, and should first make decisions such as addressing parking needs. Donna Austin, DeAnza Circle, spoke in favor of the intent to enter into a lease, and said that McClellan Ranch was a hidden treasure. Deborah Jamison, Rumford Drive, said that in May of 1993 the McClellan Ranch Master Plan was adopted and the residents have been waiting for action. She said she supported the Historical Society's proposal because they have the plan and the passion to make it succeed. Rhoda Fry, San Femando Avenue, spoke in favor, and said that work should be done quickly because the buildings were deteriorating rapidly. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04-259 expressing the City's intent to enter into a 30-year, no-cost lease agreement with the Cupertino Historical Society for renovation, occupation, and management of the Stocklmeier property, and the barn and blacksmith shop at McClellan Ranch, upon achievement of fundraising goals within the next 3 to 5 years. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Consider holding a study session on Tuesday, February 3 at 3:00 p.m. to discuss economic development. (No documentation in packet). Council concurred that they would meet the following day at 3:00 p.m. February 2, 2004 Cupertino City Council Page 10 17. Select dates for Teen Commission application deadlines and interviews. Council concurred with the following deadlines, and directed staff to make follow-up phone calls to the applicants prior to the interviews. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. · Applications due in the City Clerk's Office · Council members receive matrix of applicants · Council members return matrix to City Clerk · Council members receive final packet · Interviews are held beginning at 3:00 p.m. . Friday May 7 Thursday, May 13 Friday, May 21 Thursday, May 27 Tuesday, June 1 18. Operating Engineer's Local Union No. 3 labor negotiations: Adopt a resolution confmning impasse and unilaterally implementing the City's last, best, and final offer to the bargaining unit represented by Operating Engineer's, Local Union No. 3, Resolution No. 04-260 No action was taken on this item. b) Conduct a closed session regarding Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with representatives Dick Whitmore, David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3 At 10:12 p.m. Council recessed to a closed session. At 10:28 p.m. Council reconvened in open session in the Council Chambers. The City Attorney announced that the City Council had discussed various options and that the motion to be made now is to adopt a tentative agreement as was outlined by Mr. Qualls in closed session. Public Works Director Ralph Qualls noted that the terms were agreed to by the negotiators and ratified by the membership of the union. Lowenthal/Kwok moved and seconded to direct staff to prepare a Memorandum of Understanding for signature by the union representatives, and to continue this item to the next meeting. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ORDINANCES 19. Conduct the second reading of Ordinance No. 1934: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.80.010 of the City's Ordinance Code Modifying the Composition of the Fine Arts Commission." February 2, 2004 Cupertino City Counc!l Page 11 Kwok/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Kwok/Lowenthal moved and seconded to enact Ordinance No. 1934 Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various corrununity events, including openings on the civil grand jury; the successful State of the City address by the Mayor,; the Chinese Lunar New Year celebration at Homestead High School; a celebration to honor Beez Jones scheduled for March 5; and a press conference regarding the library fundraising campaign scheduled for Thursday. Wang reported that she was recently appointed to the County Parks and Recreation Commission. Lowenthal reported that he was appointed as chairman of the Library Joint Powers Authority for the County of Santa Clara. Sandoval reported that she was appointed to co-chair the Silicon Valley Manufacturing Group housing leadership council, and they have a lunch meeting on February 18 on the Fruitvale ART station and project. ADJOURNMENT At 10:37 p.m. the meeting was adjourned to Tuesday, February 3 at 3:00 p.m. for a study session regarding economic development, City Hall Conference Room C, 10300 Torte Avenue, Cupertino, CA 95014. 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, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/City Council/Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. OF CALL TO ORDER DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, February 3, 2004 At 3:07 p.m., Mayor James called the meeting to order in Conference Room C, 10300 Torte Avenue, Cupertino. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, City Planner Ciddy Wordell, Senior Planner Peter Gilli, Senior Planner Colin Jung, Assistant Planner Gary Chao, and Deputy City Clerk Grace Johnson. STUDY SESSION Economic Development Mayor James said that the purpose of the study session was to gather information from real estate and retail professionals in the community regarding their thoughts about Cupertino's future economic development. Mike Bruner, real estate professional, said that he has been in the real estate business for 20 years and had previously worked on the General Plan. He said that in order for retail to be successful, there have to be enough people in the community spending money to support the retail, and there shouldn't be too much retail. He said that the community needs to be willing to grow or the retail developments will go to other communities. He suggested that Cupertino do a study regarding the types of retail users and where the best place would be for large retail uses. Mike Rohde, Vallco Fashion Park property manager, said that mixed use is a good idea for the Vallco site, especially if it included housing, restaurants, retail, and possibly a hotel all on one site. He said that retail sales tax draws more income to Cupertino than housing. Emily Chen, co-owner of Vallco Fashion Park, said that her group needs support from the City in order for Vallco to be successful. She said that if the City limits height and appears to be anti-growth, than theaters would not be built there, retail would go February 3, 2004 Cupertino City Council Page 2 elsewhere, and the shopping center would not be viable. She said that the idea for Vallco is to build its own character that is different from Valley Fair and the Stanford shopping center. City Planner Ciddy Wordell and City Attorney Chuck Kilian commented that Vallco is under the old General Plan until 2006 through the original Development Agreement with Westfield. Under that plan, the theater height requested would be allowed. Kilian suggested that they write a new agreement that is up to date and easier to work with. Lowenthal mentioned that he would like to discuss the needs of Vallco and Cupertino's economic development with the anti-growth, anti-height community ad hoc group and try to negotiate with them. John Nguyen, co-owner of Vallco Fashion Park, said that the goal for Vallco is to add a lot of diversity, including many types of restaurants. Randol Mackley, retail and leasing professional, gave a PowerPoint presentation that addressed how the City could position its retail inventory to be competitive with other shopping centers, and be representative of the community over the next decade. The slides included the following topics · Pictures showing the style of shopping centers from the 50's to the present · Demographics of Cupertino including population, estimated average household income, education, and percentage of renters · General retail trends · Map showing Cupertino retail districts · Description of Cupertino as a high income commtmity; core location for high tech industry; example of the American Melting Pot with significant Asian community · Description of Cupertino as not a tourist destination; historical, scenic or amusement attraction; regional transportation hub or gateway; central business district; convention city; vertically urban community · Existing inventory of the different types of shopping centers · Future inventory · Pictures of a shopping center before and after being rehabilitated · Picture of a mixed-use center · To take caution in developing a center and take into consideration uses in conflict such as parking; odor intrusion; business hours; access; security; aesthetic; limited critical mass · Curb-side retail · Sales are most important in recruiting retail tenants · Recruitment strategies · How much influence a city has over market forces · Encourage retailers by listening to and considering why a retailer needs certain "success features" February 3, 2004 Cupertino City Council Page 3 Recommendations included: soliciting market input; putting energy into designs that are enduring and not trendy; focusing on quality; developing entry gateways; and testing new ideas with what has been successful elsewhere Kwok said that he is willing to work with the height issue for the theaters and the density issue for the residential to make Vallco as viable as possible within constraints and community input. He encouraged the Vallco owners to come to Council soon with a proposal. Sandoval said that she liked what she saw so far concerning Vallco and would like to see a more fleshed-out proposal. Wang said that the community is reliant on sales tax and she would like to see retail revitalized and to work on developing a downtown. Lowenthal said that he would like to see staff develop a Cupertino marketing packet, as Mackley suggested in his PowerPoint presentation. He said that he isn't looking for more retail, but better service for residents, and to make existing retail successful. He said he would like to see theaters, bookstores, and better restaurants and wants to connect with what the residents really want. He said that he would like to reinforce the other side of the issue that density isn't necessarily a bad thing. ADJOURNMENT At 5:52 p.m. the meeting was adjourned. Because of the President's Day holiday, the next City Council meeting will be held on Tuesday, February 17, 2004, at 6:45 p.m. Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Interact at www.cupertino.org. Click on Agendas & Minutes/City Council/Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. DRAFT RESOLUTION NO. 04-261 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 JANUARY 30, 2004 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 17thday of February .2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 01/29/04 ACCOL~ING PERIOD: SELECTION CRITERIA: CITY OF CUPERTINO 7/04 CHECK REGISTER - DISBDRSEMENT FU~ transact.trans_date between "01/26/2004" and "01/30/2004" CASH ACCT CHECK NO 1020 606055 1020 606056 1020 606057 1020 606057 TOTAL CHECK 1020 606058 1020 606059 1020 606059 TOTAL CHECK 1020 606060 1020 606060 1020 606060 1020 606060 TOTAL CHECK 1020 606061 1020 606061 1020 606061 TOTAL CHECK 1020 606062 1020 606063 1020 606064 1020 606065 1020 806066 I020 606067 1020 606067 TOTAL CHECK 1020 606068 1020 606068 1020 606068 1020 606066 1020 606068 1020 506068 TOTAL CHECK 1020 606069 1020 606069 1020 606069 1020 606069 ISSUE DT ............. VENDOR ............. FLrgD/DEPT 01/30/04 2825 ACADEMIC CHESS 5806349 01/30/04 1680 ~DV~NTAGE GRAFIX 1107501 01/30/04 1795 ~J~L CHEM SUPPLY CO INC 5208003 01/30/04 1795 ALL CHEM SUPPLY CO INC 5208003 .... DESCRIPTION ...... SALES TAX SERVICE AGREEMENT FOR 0.00 INSPECTION NOTICES SUPPLIES 17370 SUPPLIES 17370 01/30/04 44 AMERICA/g RED CROSS 1104400 SUPPLIES 01/30/04 57 ~K 1104510 COFFEE SUPPLIES 01/30/04 57 ~J~K 1108201 COFFEE SUPPLIES AJ~TISTIC PL~T CREATIONS 5706450 ~2{TISTIC PI~ CREATIONS 1108901 ARTISTIC PL~ CREATIONS 1108503 ARTISTIC pL~T CREATIONS 1108504 01/30/04 61 01/30/04 61 01/30/04 61 01/30/04 61 01/30/04 968 BAP AUTO PARTS 6308840 01/30/04 968 BAP AUTO P~RTS 6308840 01/30/04 968 gAP AUTO PARTS 6308840 01/30/04 2889 BAY CONSTRUCTION INC 4209119 01/30/04 1348 BAYSHORE FENCE CO INC 1108503 01/30/04 M B~L~GAVA, VINITA 580 01/30/04 874 C & H DISTRIBUTORS INC 5708510 01/30/04 1476 CA~ON DESIGN GROUP 110 01/30/04 2232 C~IAGA, L0~R/DES 110 01/30/04 2232 C~RIAGA, LOUP~ES 110 01/30/04 147 CASH . 5506549 01/30/04 147 CASH 1106500 01/30/04 147 CASH 5506549 01/30/04 147 CASH 5506549 01/30/04 147 CASH 1106500 01/30/04 147 CASH 5506549 01/30/04 148 CASH 1108201 01/30/04 148 CASH 6308840 01/30/04 148 CASH 1108314 01/30/04 148 CASH 1108407 0,00 0.00 0.00 0.00 0.00 O.O0 0.00 0.00 PAGE 1 AMOUNT 6679.99 386.48 92.71 151.12 243.83 775.00 79.83 35.95 115.78 pI2%NTS FOR SPORTS CENT 0.00 1276.00 PI~ CARE J~2003 0.00 260.00 PLAiqT CARE JkN2003 0.00 100.00 PI~T CAS{E JAM2003 0.00 100.00 0.00 1736.00 FY 2003-2004 OPEN PDRC 0.00 FY 2003-2004 OPEN PUEC 0.00 FY 2003-2004 OPEN PUEC 0.00 0.00 7.42 18.06 4.87 30.35 PUBLIC WORKS CONTRACT 0.00 40030.16 REPAIR FENCE 0.00 185.00 Refund: Check - WINTER 0.00 294.00 9UtXI ]{ACKS 0.00 242.93 ~J{CHITECT RVW R23909 0.00 960.00 P.C~H 11/03 1/02 0,00 155.25 P.CASH 11/03-1/02 0.00 2.37 p. CASH 11/03-1/02 0.00 37.22 p. CA~H 11/03-1/02 0.00 21.65 P.CASH 11/03-1/02 0.00 6.35 P.CA~H 11/03-1/02 0.00 70.04 0.00 293.88 p. CASH 1/21-1/26 0.00 5.00 P.CASH 1/21-1/26 0,00 39.08 P.CASH 1/21-1/26 0.00 40.00 P.CASH 1/21-1/26 0.00 4.54 RUN DATE 01/29/04 TIME 10:15:02 01/29/04 CITY 0P CUPR~TIN0 ACCOUNTING PERIOD: 7/04 C~ECK REGISTER - DISB~/RSEMENT FUND SELECTION CRITERIA: transact.trans_date between "01/26/2004" and "01/30/2004" FgI%rD 110 - GENER3%L FD'~ CASM ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 606069 01/30/04 148 CASH 1108201 TOTAL CHECK 1020 606070 01/30/04 149 C3%SH 1104300 1020 606070 01/30/04 149 CASH 1104310 1020 606070 01/30/04 149 CASH 1104000 1020 606070 01/30/04 149 CASH 1104510 1020 606070 01/30/04 149 CASH 1104000 1020 606070 01/30/04 149 CA~SH 1104100 1020 606070 01/30/04 149 CASH 1104400 1020 606070 01/30/04 149 C/%SH 1104510 TOTAL CHECK 1020 606071 01/30/04 1057 1020 606071 01/30/04 1057 TOTAL CHECK CERIDI~N BENEFITS SERVIC 110 CERIDI~J~ BENEFITS SERVIC 110 1020 606072 01/30/04 1156 C~LA 110 1020 606073 01/30/04 2871 JACKSON CHOW 5806349 1020 606074 01/30/04 170 GEORGE MACFARI~E CLOWAR 5806249 1020 606075 01/30/04 178 1020 606075 01/30/04 178 TOTAL CHECK COLONIAL LIFE & ACCIDENT 110 COLONI~LL LIFE & ACCIDENT 110 1020 606076 01/30/04 3032 CONSTRUC~fION TESTING SER 4239222 1020 606077 01/30/04 183 1020 606077 01/30/04 183 TOTAL CHECK COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ~SO INC 110 1020 606078 01/30/04 1130 ThE COhET WORKS 5706450 1020 606079 01/30/04 187 NL~RY J CRAWFOR/) 5806349 1020 606079 01/30/04 187 ~ARY J CRAWFORD 5806349 TOTAL CHECK 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 1020 606080 01/30/04 191 TOTkL CHECK CUPERTINO CH3~ER OF COM 1108001 CUPERTINO C~ER OF COM 1107200 CUPERTINO CF3L~BER OF COM 1104300 CUPERTINO C~ER OF COM 1106100 CUPERTINO CFL~ER OF COM 6104800 CUPERTINO C~ER OF COM 1104000 CUPERTINO CFL~ER OF C0M 1104400 CUPERTINO CHA~ER OF COM 1104510 CUPERTINO C~ER OF COM 1108001 CUPERTINO C~U~ER OF COM 1101200 CUPERTINO CN3~ER OF COM 1101000 ..... DESCRIPTION ...... P.CASH 1/2141/26 P.CASH 1/14-1/28 P.CASH 1/14-1/28 P.CASH 1/14-1/28 DEP#240125 HLTH#240125 EMPLOYEE CONTRIBGTION SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR EE CONTR #E7013899 EE CONTR #E7013899 PUBLIC WORKS CONTRACT GEOLOGIC REVIEW GEOLOGIC R~W R24298 ROLLER REPLACEMENTS SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR QUALLS PIASECKI/WORDELL SMITH T. SMITH SERRATOS A/WOOD/AUGUSTINE HOVEY ABE T. GREEN I~GERGREN SANDOVAL/WA-NG 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 4.42 93.04 10.80 7.65 47.25 6.00 84.87 259.57 126.92 643.95 770.87 140.85 5299.99 570.00 339.09 468.20 807.29 8604,81 810.00 850.00 1660.00 438.86 331.73 686.87 1018.60 25.00 50.00 25.00 25.00 25.00 50.00 25.00 25.00 25.00 25.00 50.00 350.00 RUN DATE 01/29/04 TIME 10:15:02 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 CHECK REGISTER - DiSB[IRSEMENT FLeD SELECTION CRITERIA: transact.trans_date between "01/26/2004" and "01/30/2004" FUND 110 - GENEP~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT DESCRIPTION ...... SALES TAX PAGE 3 AMOUNT 1020 606081 01/30/04 191 1020 606081 01/30/04 191 1020 606081 01/30/04 191 1020 606081 01/30/04 191 1020 606081 01/30/04 191 TOTAL CHECK 1020 606082 01/30/04 192 1020 606083 01/30/04 M 1020 606084 01/30/04 M 1020 606085 01/30/04 1034 1020 606086 01/30/04 1020 606087 01/30/04 CUPERTINO CHA~4BER OF COM 1101000 CUPERTINO CHAMBER OF COM 1101200 CUPERTINO CHAMBER OF COM 1104000 CUPERTINO CHEER OF COM 1106100 CUPERTINO C}Q~4BER OF COM 1103300 CUPERTINO MEDICAL CENTER 5806449 Chandler, Jean 550 Coles, Patricia 550 DAILY JOUP~NAL CORPORATIO 1101500 M DAMp, KAREN 580 1020 606088 01/30/04 2321 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606069 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 1020 606089 01/30/04 209 TOTAL CHECK 1020 606090 01/30/04 1838 1020 606091 01/30/04 214 1020 606092 01/30/04 220 1020 606093 01/30/04 225 DAVCO WATERPROFFING SERV 5708510 DE ANZA SERVICES INC 5708510 DE ANZA SERVICES INC 1108509 DE ANZA SERVICES INC 1108504 DE A~ZA SERVICES INC 5708510 DE ANZA SERVICES INC 5708510 DE A~ZA SERVICES INC 5708510 DE A~ZA SERVICES INC 1108506 DE ANZA SERVICES INC 1108507 DE A~ZA SERVICES INC 1108508 DE ANZA SERVICES INC 1108511 DE ANZA SERVICES INC 1108501 DE ~NZA SERVICES INC 1108502 DE ANZA SERVICES INC 1108505 DE A~ZA SERVICES INC 1108503 DE ANZA SERVICES INC 1108303 DE ANZA SERVICES INC 1108302 DE ANZA SERVICES INC 1108315 DE A~ZA SERVICES INC 1108314 DE A~ZA SERVICES INC 1108407 DE ~2~ZA SERVICES INC 5606640 DELL M3%RKETING L.P. 6109856 DEPAR~%~ENT OF TRANSPORTA 1108602 DISCOUNT SCHOOL SUPPLY 5806349 DONE RIGHT ROOFING & GUT 5708510 WANG/KWOK KIgAPP ATWOOD SMITH EITSON TB/W.ABIGANIA Refund: Check - Southe Refund: Check Southe S.CLARA/S.MATEO RULES Refund: Check - WINTER 0.00 ?0.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 210.00 0.00 15.00 0.00 585.60 0.00 585.60 0.00 97.43 0.00 100.00 REFD DEV MAINT FEE 0.00 84.40 REPAIR ROOF 0.00 835.42 0.00 1134.37 0.00 714,28 0.00 6244.50 0.00 1348.65 0.00 95.00 0.00 413,64 0.00 346.84 O,O0 2228.38 0.00 141.53 0.00 1168.89 0.00 2881.17 0.00 1885.66 O.O0 3535.12 0.00 2008.63 0.00 1494.23 0.00 747.10 O.O0 747.10 0.00 4482.63 0.00 1014.93 0.00 901.29 0.00 33313.94 OETIOLEX GX270T 512MB 0.00 14756.65 FY 2003-2004 OPEN PQRC 0.00 115.84 PRESCHOOL SPLY A25700 0.00 344.03 TIME/MATERIALS 0.00 1177.34 RUE DATE 01/29/04 TIME 10:15:03 - FINANCIAL ACCOUNTING 01/29/04 CITY OF CUPERTINO ACCOIINTING PERIOD: 7/04 CHECK REGISTER - DISBURSEMENT FLRgD SELECTION CRITERIA: transact.trams_date between "01/26/2004- and "01/30/2004" FUND - i10 GENERAL FUND CASR ACCT CHECK NO ISSUE DT .............. VENDOR ........... FUND/DEPT 1020 606094 01/30/04 228 1020 606095 01/30/04 233 1020 606096 01/30/04 2762 1020 606097 01/30/04 242 1020 606098 01/30/04 243 1020 606099 01/30/04 250 1020 606100 01/30/04 251 1020 606101 01/30/04 253 1020 606102 01/30/04 M 1020 606103 01/30/04 260 1020 606103 01/30/04 260 TOTAL C~ECK 1020 1020 1020 TOTAL CHECK 606104 01/30/04 2361 606105 01/30/04 2361 606105 01/30/04 2361 1020 606106 01/30/04 2361 1020 606106 01/30/04 2361 TOTAL CHECK 1020 606107 01/30/04 2361 1020 606107 01/30/04 2361 1020 606107 01/30/04 2361 1020 606107 01/30/04 2361 TOTAL CNECK 1020 606108 01/30/04 2361 1020 606108 01/30/04 2361 1020 606108 01/30/04 2361 TOTAL CHECK 1020 606109 01/30/04 2361 1020 606110 01/30/04 2361 1020 606110 01/30/04 2361 1020 606110 01/30/04 2361 TOTAL CHECK DUBAY'S TIRE SERVICE INC 6308840 ECONOMIC DRIVING SCHOOL 5806249 ELEVATOR SERVICE CO., IN 5606660 EMPLOYMENT DEVEL DEPT 110 EMPLOIq~ENT DElrELOPMENT 110 EUPHP~AT MI~SEL~4 OF ART 5806349 EVANS WEST V~kLLEY SPP~AY 1108315 EXCH~GE LINEN SERVICE 1106265 Everitt, Marjorie 550 FEDERAL EXPRESS CORP 1101060 FEDERAL EXPRESS CORP 1101000 FIRST BANKCBH~D 5708510 FIRST EAiqKCARD 1101000 FIRST BA~KCARD 5708510 FIRST BANKCARD 1108507 FIRST BA~KCAP~ 4209546 FIRST BANKCARD 1108501 FIRST BANKCAP~D 1108502 FIRST BA~KCARD 5708510 FIRST BANKCARD 1101000 FIRST BANKCARD 1103500 FIRST BANKCARD 1103300 FIRST BANKC~JRD 1108201 FIRST BANKCARD 5708510 FIRST BA~KCJ~RD 1108507 FIRST BANKC~D 1108504 ..... DESCRIPTION ...... SALES TAX AMOUNT FRON~ ALIG~q~NT A25345 0.00 73.25 SERVICE AGREEMENT FOR 0.00 3150.00 REPAIRS BLUE PHEASANT 0.00 422.50 SIT W/H 932-0014-5 0.00 17241.83 SDI~776-5260 0 OP ENG 0.00 1209.44 SERVICE AGREEMENT FOR 0.00 1887.49 DOP~T SPP~AY CRKSIDE 0.00 1800.00 LINENS/SPECIAL EVENT O.00 165.68 Refund: Check - Southe 0.00 885.60 COURIER SERVICE 0.O0 13.64 COURIER SERVICE 0.00 3.76 0.00 17.40 0.00 STATEMENT J~292004 JA~ 2004 STATEMENT JAN 2004 STATEMENT 0.00 0.00 0.00 173.16 267.58 12.32 279.90 STATEMENT JAN2004 O.O0 46.66 STATE,lENT JAN2004 0,00 42.37 0.00 89~03 STATEMENT JA~2004 0.00 ' 145.06 STATEMENT J~2004 O.00 257.22 STATEMENT JAN2004 0.00 38.84 STATEMENT JAN2004 0.00 136.80 0.00 577.92 STATEMENT JA~2004 0.00 87.68 STATEMENT JAN2004 0.00 38.45 STATEMENT JkN2004 0.00 108.00 0.00 234.13 STATEMENT JAN2004 0.80 38.00 STATEMENT JAN2004 0.00 170.21 STATEMENT JAN2004 0.00 61.01 STATEMENT JAN2004 0.00 30.62 0.00 261.84 RUN DATE 01/29/04 TIME 10:15:03 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact.crans_date between "01/26/2004" and "01/30/2004" CASH ACCT CHECK NO 1020 606111 01/30/04 262 1020 606112 01/30/04 2843 1020 606113 01/30/04 266 1020 606113 01/30/04 268 1020 606113 01/30/04 268 TOTAL CHECK 1020 606114 01/30/04 277 1020 606115 01/30/04 281 1020 606116 01/30/04 M2004 1820 606117 01/30/04 291 1020 606118 01/38/04 2046 1020 606119 01/30/04 2546 1020 606119 01/30/04 2546 TOTAL CHECK 1020 606120 01/30/04 327 1020 606120 01/30/04 327 TOTAL CHECK 1020 606121 1020 606122 1020 606122 TOTAL CHECK 01/30/04 2947 01/30/04 1235 01/30/04 1238 1020 606123 01/30/04 2612 1020 606124 01/30/04 1898 1020 606124 01/30/04 1898 1020 606124 01/30/04 1898 1020 606124 01/30/04 1898 1020 606124 01/30/04 1898 1020 606124 01/30/04 1898 1020 606124 01/30/04 1898 TOTAL CHECK FIRST PI~ACE INC 1104300 FOLGER GRAPHIC INC 1103400 POSTER BROS SECURITY SYS 1108501 FOSTER BROS SECURITY SYS 5708510 FOSTER BROS SECURITY SYS 5708510 JOHN FUNG 5806249 GARDENLAND 6308840 GIEFER, LISA 1101070 GOLDEN TOUCH LJ%NDSCAPING 1108312 GOVERNMENT FINANCE OFFIC 1104000 GEORGE THOMAS MCCARROLL 5708510 GEORGE THOMAS MCCARROLL 5708510 HELLO DIRECT INC 1108601 HELLO DIRECT INC 1108601 HEXAGON TRANSPORTATION C 1108601 RIGI4i~kRK LIFE INSURANCE 110 HIGHb~%RK LIFE INSURANCE 6414570 RONALD HOGIJE 5506549 AUTOMATIC RAIN CO. 5606620 AUTOMATIC RAIN CO. 1108314 AUTOMATIC RAIN CO. 1108315 AUTOMATIC RAIN CO. 1108303 AUTO.TIC R3~IN CO. 1108303 AUTOMATIC RAIN CO. 1108303 AUTOMATIC RAIN CO. 1108407 1020 606125 01/30/04 343 1020 606126 01/30/04 2872 1020 606127 01/30/04 2669 1020 606128 01/30/04 M2004 ICMA RETIREMENT TRUST-45 110 IES LANGUAGE FOUNDATION 5806349 IMAGISTICS INT'L, INC. 1108201 INST. OF TRANS. ENGINEER 1108601 PAGE 5 ..... DESCRIPTION ...... S~tLES TA/( AMOLINT SUPPLIES 17132 0.00 175.74 JANUARY 2004 SCENE 0.00 2864.63 KEY/LOCK SUFPLIES 0.00 27.19 LOCK/KEY SUFPLIES 0.00 197.97 LOCK/KEY SUPFLIES 0.00 651.15 0.00 878.31 SERVICE AGREEMENT FOR 0.00 121.25 FY 2003-2004 OPEN FURC 0.0O 193.77 CONF 3/31-4/2 PERDIEM 0.00 190.50 INSTALL 40 NEW APRICOT 0.00 1800.00 CAFR EXCELLENCE AW;%RD 0.00 415.00 TIME/MATERIALS 0.00 1935.00 TIME/MATERIALS 0.00 275.00 0.00 2210.00 SUFFLIES A25353 0.00 223.70 SUFFLIES A25360 0.00 84.25 0.00 307.95 SERVICE AGREEMENT FOR 0.00 4170.00 LIFE AD & D 0.00 9352.82 LTD 0.80 7459.61 0.00 16812.43 SERVICE AGREEMENT FOR 0.00 300.00 SUFPLIES 0.00 154.28 FY 2003-2004 OPEN PURC 0.00 199.73 FY 2003-2004 OFEN PURC 0.00 222.78 FY 2003-2004 OFEN PURC 0.00 137.21 FY 2003-2004 OPEN PURC 0.00 74.04 FY 2003-2004 OPEN PURC 0.00 50.88 FY 2003-2004 OPEN PURC 0.0O 48.93 0.00 887.85 DEFERRED COMPENSATION 0.00 6031.75 SERVICE AGREEMENT FOR 0.00 480.00 COFIER 10/01-12/31 0.00 130.32 MAA~JAL A25032 0.00 228.00 RUN DATE 01/29/04 TIME 10:15:03 - FINANCIAL ACCOUNTING 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 CHECK REGISTER - DISBL~RSEMENT FUB~ SELECTION CRITERIA: transact.~rans_date besween "o1/26/2004" and "01/30/2004" FUND - I10 - GENEPJIL FL~ND CASE ACCT CHECK NO ISSUE DT .............. VENDOR ........ FUND/DEPT 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 606129 01/30/04 2374 JII PROMOTIONS, INC. 1101000 606130 01/30/04 3067 F~MVT 15 1101031 606131 01/30/04 2300 BARB;~JlA LALIX 5506549 606132 01/30/04 390 L3%WSON PRODUCTS INC 2308004 606132 01/30/04 350 LAWSON PRODUCTS INC 2308004 606133 01/30/04 392 606134 01/30/04 1602 LEAGUE OF CALIFORJMIA CIT 1101070 MBIA MUNISERVICES COMPAN 1100000 608135 01/30/04 M2004 MCC~B - HOUSING BLqtFAU 1101070 606136 01/30/04 2554 MCPh%STER-C3kRR 5708510 1020 606137 01/30/04 2567 MISDU 110 1020 1020 1020 1020 606138 01/30/04 448 606139 01/30/04 M 606140 01/30/04 302 606141 01/30/04 489 MISSION VBLLEY FORD INC 6308840 N~JDERL FkE 580 NATIONAL DEFERRED COMPEN 110 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOT~.L CHECK 1020 1020 1020 NOTEWORTHY MUSIC SCROOL 5806349 606142 01/30/04 493 OFFICE DEPOT 1101000 606142 01/30/04 493 OFFICE DEPOT 1104100 606142 01/30/04 493 OFFICE DEPOT 1107503 606142 01/30/04 493 OFFICE DEPOT 1107301 606142 01/30/04 493 OFFICE DEPOT 5706450 606142 01/30/04 493 OFFICE DEPOT 1108201 606142 01/30/04 493 OFFICE DEPOT 1108101 606142 01/30/04 493 OFFICE DEPOT 1108201 606142 01/30/04 493 OFFICE DEPOT 1104400 606142 01/30/04 493 OFFICE DEPOT 1108601 606142 01/30/04 493 OFFICE DEPOT 1107301 606142 01/30/04 493 OFFICE DEPOT 1107503 606142 01/30/04 493 OFFICE DEPOT 5806249 606142 01/30/04 493 OFFICE DEPOT 1108201 606142 01/30/04 493 OFFICE DEPOT 1104300 606143 01/30/04 M 606144 01/30/04 501 606145 01/30/04 1528 OGWIIDIRE, CHARLES 580 OPERATING ENGINEERS #3 110 PACIFIC UTILITY EQUIPMEN 6308840 PAGE 6 ..... DESCRIPTION ...... SALES TAX AMOUNT COUNCIL NAME BA/)GES 0.00 243.29 PUBLIC ACCESS NOV03 0.00 3004.16 SERVICE AGREEMENT FOR 0.00 800.00 SUPPLIES A25359 0.00 15.86 SUPPLIES A25359 0.00 301.58 0.00 317.44 CONF REG/L.GIEFER 0.0O 450.00 S.T~Df 3RD QTR 2003 0.00 1250.00 MCCVB HOTEL/L.GIEFER 0.00 341.14 SUPPLIES 0.00 85.98 TRYBUS 385-96-0533 0.00 223.00 #55 REPAIRS 0.00 2093.73 Refund: Check - Return 0.00 300.00 DEFERRED COMPENSATION 0.00 17317.67 SERVICE AGREEMENT FOR 0.00 3647.57 SUPPLIES 0.00 116.07 OFFICE SUPPLIES 0.00 132.91 OFFICE SUPPLIES 0.00 135.29 OFFICE SUPPLIES 0.00 56.53 OFFICE SUPPLIES 0.00 235.98 OFFICE SUPPLIES 0.00 113.57 OFFICE SUPPLIES 0.00 99.88 OFFICE SUPPLIES 0.00 4.50 OFFICE SUPPLIES 0.00 247.49 OFFICE SUPPLIES 0.00 54.11 OFFICE SUPPLIES 0.00 12.96 OFFICE SUPPLIES 0.00 133.70 OFFICE SUPPLIES 0.00 308.74 OFFICE SUPPLIES 0.00 50.15 OFFICE SUPPLIES 0.00 62.66 0.00 1764.54 Refund: Check - Return 0.00 750.00 UNION DLrES 0.00 715.81 REPAIRS 038 0.00 1694.53 RUN DATE 01/29/04 TIStE 10:15:03 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 CHECK REGISTER - DISBURSEMEN~ FI/~7D SELECTION CRITERIA: transact.trans_date between "01/26/2004" and "01/30/2004" CASH ACCT CHECK NO 1020 606145 TOTAJ~ C~ECK 1020 606146 01/30/04 515 1020 606146 01/30/04 515 1020 606146 01/30/04 515 1020 606146 01/30/04 515 TOTAL CHECK 1020 606147 01/30/04 526 1020 606148 01/30/04 690 1020 606149 01/30/04 533 1020 606150 01/30/04 2661 1020 606151 01/30/04 3106 1020 606152 01/30/04 2380 1020 606153 01/30/04 2802 1020 686154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 578 1020 606154 01/30/04 878 TOTAL CHECK 1020 606155 01/30/04 581 1020 606156 01/30/04 3072 I020 606157 01/30/04 1200 1020 606158 01/30/04 590 1020 606159 01/30/04 3060 1020 606160 01/30/04 3070 1020 606160 01/30/04 3070 1020 606160 01/30/04 3070 TOTAL C~ECK 1020 606161 PACIFIC WEST SECURITY IN 5708510 PACIFIC WEST SECURITY IN 5708510 PACIFIC WEST SECURITY IN 5708510 PACIFIC WEST SECI/RITY IN 1108504 PENINSUL~ DIGIT~ IMAGIN 1108101 PENINSUL3% FORD 6308840 PERS LONG TERM CARE PROG I10 PROFESSIONAL %~JRF MG~NT, 5606640 PUBLIC RESOURCE MGMNT GR 1107200 PURCHASE POWER 1104310 DESIGN 6109856 COLLEEN REGAN 5806449 COLLEEN REG~ 5606600 COLLEEN REGAN 5806249 COLLEEN REG~N 5806349 COLLEEN REGION 5806449 COLLEEN REGION 5806349 COLLEEN REG~ 5806249 COLLEEN REG~a~ 5606600 COLLEEN REG/kN 1106500 COLLEEN REGAN 1106500 RELIABLE 1107503 RESCO PLASTICS INC 1108303 REST ROOM WORLD 1108303 RICE VOSS TRUCKING INC 2109612 JAMIE RIEGEE 5806349 SAJBRE CONTROLS INC 1108407 S~kBRE CONTROLS INC 1108314 S~3RE CONTROLS INC 1108501 01/30/04 959 THE M/{RCURy i~EWS 1104000 ..... DESCRIPTION ...... SALES TAX REPAIRS 079 0.00 0.00 PAGE 7 AMOUNT 2047.20 3741.73 MONITOR FEE FEB2004 0.00 50.00 MONITOR FEE 9tAR2004 0.00 80.00 MONITOR FEE JAN2004 0.00 50.00 SERVICE CALL 1/06 O.O0 35.00 0.00 185.00 BMP SHEETS 0,00 69.82 FY 2003-2004 OPEN PURC 0.00 7,65 LTC ACCT#2405 0.00 117.80 MONTHLY M~INT. JAN04 0.00 FEE & R3%TE STI/DY SERV 0.00 METER RESET BAJ~ DUE 0.00 14947.92 14500.00 197.24 FEBD4 WEB HOST FEE O.O0 1500.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 0.00 538.54 112.47 561.76 561.76 561.76 538.54 538.54 107.82 161.56 166.50 3851.25 OFFICE SUPPLIES 0.00 140.08 4 X 12 X 12 ~DIXITUFF R 0.00 1484.16 SUPPLIES 0,00 148.75 SERVICE AGREEMENT FOR 0,00 MIDWEST INSTRUMENT BAC 0.00 MIDWEST INSTR[/MENT BAC 0.00 MIDWEST INSTRUMENT BAC 0.00 0.00 S10.00 350.00 350.00 153.94 853.94 2/10-4/19/04 0.00 37.89 RUN DATE 01/29/04 TIME 10:15:03 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trams_date between "01/26/2004" and "01/30/2004" FUND - 110 - GENERAL FUND CASE ACCT CHECK NO 1020 606161 TOTAL CHECK 1020 606162 01/30/04 258 1020 606163 01/30/04 1702 1020 606164 01/30/04 2224 1020 606165 01/30/04 1919 1020 606165 01/30/04 1919 TOTAL CHECK 1020 606166 01/30/04 1150 1020 606167 01/30/04 1648 1020 606168 01/30/04 2876 1020 606169 01/30/04 2692 1020 606170 01/30/04 511 1020 606170 01/30/04 511 TOTAL CHECK 1020 606171 01/30/04 2651 1020 606172 01/30/04 3053 1020 606173 01/30/04 2810 1020 606173 01/30/04 2610 TOTAL CHECK 1020 606174 01/30/04 891 1020 606175 01/30/04 671 1020 606176 01/30/04 1421 1020 606176 01/30/04 1421 TOTAL CHECK 1020 606177 01/30/04 677 1020 606178 01/30/04 2513 1020 606179 01/38/04 1027 1020 606179 01/30/04 1027 TOTAL CHECK 1020 606180 01/30/04 529 1020 606180 01/30/04 529 SAiqTA CLAR3% COUNTY 110 SA~NTA CLARA COUNTY LIBRA 1101040 SANTA CLAPJ% CNTY CLERK/R 110 SANTA CLARA VALLEY TRJ~NS 5500000 SANTA CLARA VALLEY TRANS 5500000 SAVIN CORPOP,3%TION 1104310 SAVIN CORPORATION (SUPPL 1104310 SAVIN CREDIT CORP 1104310 SBC 5708510 SBC/MCI 1108501 SBC/MCI 1108501 SCANTRON CORPORATION 1104100 CHRISTINE SHEPHERD 5806349 SMART & FINAL 5806349 SMART & FINAL 5806349 JOAN SPITSEN 5506549 STANDARD BUSINESS MACHIN 1104530 STkNLEY STEEMER 5706450 STANLEY STEEMER 5708510 STATE STREET BANK & TRUS 110 MART~A MARIA STEINER 5506549 STEVENS CREEK QUARRY CON 2109612 STEVENS CREEK QUARRY CON 2109612 SUNGARD PENTAMATION, INC 6109856 SUNGARD PENTAMATION, INC 6104800 ..... DESCRIPTION 1/27-4/26 ORTEGA 563-31-2780 SUNDAY HOURS FY03/04 NEG DECLARE FEE TICKETS/PASSES DEC03 TICKETS/PASSES JAN04 1 6062379 11/2 2/2/04 P6021200058 1/28-4/27 M3720300010 TO 2/15 12/08-1/07 $2522405 12/15-1/15 2003 TkX FORMS A25828 SERVICE AGREEMENT FOR SUPPLIES 25475 OFFICE SUPPLIES 25474 REFRESHMENTS 1/22 COPIER DRUN UNIT CARPET CLEANING CARPET CLEANING DEF#PROG-450151 SERVICE AGREEMENT FOR TIME/MATERIALS DELIVERY SAND A25357 S.TAX INV 23009 MAINT. 10/1-9/30/04 PAGE 8 AMOUNT 49.26 83431.00 227.50 175.00 402.50 5887.81 936.00 1057.60 91.65 92 .46 108.27 252.61 446.67 33.23 63 .42 252 . 15 240.00 480.00 3962.86 1302.00 255.90 1557.90 3532.75 RUN DATE 01/29/04 TIME 10:15:03 - FINANCIAL ACCOUNTING 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 C74ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "01/26/2004" and "01/30/2004" FUND - 110 - GENER3%L FUND CASN ACCT CHECK NO TOTAL CHECK 1020 606181 1020 606182 1020 606183 1020 606183 TOTAL CHECK 1020 606184 1020 606184 1020 606184 1020 606184 TOTAL CHECK 1020 606185 1020 606186 1020 606187 1020 606187 1020 606187 1020 606187 1020 606187 1020 606187 1020 606187 1020 606187 1020 606187 TOTAL CHECK ISSUE DT ............. VENDOR ............ FUND/DEPT 01/30/04 1406 SU~A~E CHEVROLET 6308840 01/30/04 1825 SUPERIOR FRICTION 6308840 01/30/04 2045 SVCN 1104300 01/30/04 2048 SVCN 1104300 01/30/04 695 01/30/04 695 01/30/04 695 01/30/04 695 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 01/30/04 696 TADCO SUPPLY 5706050 01/30/04 M T~EL, BRITNEY 580 01/30/04 701 TARGET STORES 5706450 01/30/04 701 TARGET STORES 5806349 01/30/04 701 TARGET STORES 1106343 01/30/04 701 TARGET STORES 5706450 01/30/04 701 T~RGET STORES 5706450 01/30/04 701 TARGET STORES 5706450 01/30/04 701 TARGET STORES 1106343 01/30/04 701 TARGET STORES 1106248 01/30/04 701 TARGET STORES 5806349 1020 606188 01/30/04 1763 1020 606189 01/30/04 M2004 1020 606190 01/30/04 1993 1020 606191 01/30/04 724 1020 606192 01/30/04 2665 1020 606183 01/30/04 M 1020 606194 01/30/04 2638 1020 606194 01/30/04 2638 TOTAL CHECK 1020 606195 01/30/04 2226 1020 806196 01/30/04 M2004 THEATERFUN INC 5806349 TOM JACKSON 110 TREASURER OF AI2~DA COU 110 TURF & INDUSTRIAL EQUIPM 5606620 ERIN TURI 5806349 Thompson, Dolores 550 UNISOURCE MAINTENANCE SU 5706450 UNISOURCE MAINTENANCE SU 1106343 UNITED RENTALS HIGhq~AY T 5708510 UNITED STATES GOLF ASSOC 5606640 DESCRIPTION ...... SALES TAX FY 2003-2004 OPEN PURC BRAKE PARTS A25361 FY 2003 2004 OPEN PORC FY 2003-2004 OPEN PDRC COFFEE SUPPLIES CAKE,MUFFINS,ETC CAKE,MUFFINS,ETC CAKE,MUFFINS,ETC SUPPLIES Refund: Check FALL E SUPPLIES A26200 SUPPLIES 22975 SUPPLIES A25773 SUPPLIES 25470 SUPPLIES A26280 SUPPLIES A26281 SUPPLIES A25620 SUPPLIES A25736 SUPPLIES A25736 SERVICE AGREEMENT FOR REFD UNUSED NOTICE DP A LOPEZ JR 566398126 BILLY GOST QB1004 BLOW SERVICE AGREEMENT FOR Refund: Check - Sou0he SUPPLIES SUPPLIES SIGN BI~KS A25347 F01295014BAC221SEV0 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 PAGE 9 AMOUNT 4850.36 46.96 278.02 74.25 90.75 165.00 276.94 184.17 46.00 630.02 141.72 100.00 84.64 16.33 64.94 32.40 43.29 58.41 97.40 38.40 10.81 446.62 810.50 104.59 253.84 1058.69 1072.49 885.60 300.00 135.75 435.75 I00.00 RUN DATE 01/29/04 TIME 10:15:03 - FINAMCIAL ACCOUNTING ?_-1'o 01/29/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 7/04 CHECK REGISTER - DISBURSEMENT FI/ND FLqqD - 110 GENERAL FL~ CASH ACCT CHECK NO 1020 606197 1020 606198 1020 606198 TOTAL CHECK 1020 606199 1020 606200 1020 606201 1020 606202 1020 606203 1020 606204 1020 606205 TOTAL CASH ACCOUNT TOTAL FUND TOT;iL REPORT ISSUE DT .............. VENDOR ............. FUND/DEPT 01/30/04 1154 UNITED WAY OF SANTA CL~ 110 01/30/04 738 VALLEY OIL COMEA~ 6308840 01/30/04 738 VALLEY OIL COMPLY 6308840 01/30/04 2979 VCI TELECOM INC 4209534 01/30/04 742 COSETTE VIAUD 5806349 01/30/04 1329 VICENT WAng 1106500 01/30/04 774 WESTER~ HIGHWAY PRODUCTS 2708405 01/30/04 2498 KIERSA WITT 1101070 01/30/04 2456 WORLD JOURNAL 1103300 01/30/04 962 LINDA YELAVICH 5506549 ..... DESCRIPTION .... i- EMPLOYEE CONTRIBUTION SUPPLIES FY 2003-2004 OPEN PORC PUBLIC WORKS CONTRACT SERVICE AGREEMENT FOR PIANO TLINING FY 2003-2004 OPEN PURC STDY SESSION MATERIAL RFP/LIBR3~Y CAFE BIRTHDAY REIMBURSE SALES TAX 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 PAGE 10 AMOUNT 102 . 85 13.18 3587.05 3600.23 108728 . 19 733.33 70.00 727 .45 64 . 93 514 . 00 47.36 493180.17 493180.17 493180.17 RUN DATE 01/29/04 TIME 10:15:03 - FINANCIAL ACCOUNTING RESOLUTION NO. 04-262 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 HEREINAFI'ER DESCREBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING FEBRUARY 06, 2004 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE 1T RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIlED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th .day of February ,2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino o~/os/o~ ACCOUNTING PERIOD; SELECTION CRITERIA: CITY OF CUPERTINO 8/04 CHECK REGISTER - DISBURSEMENT F[/ND transact.trams_date between "02/02/2004" and "02/06/2004" CASH ACCT CHECK NO 1020 604506 V 10/24/03 M 1020 606078 V 01/30/04 1130 1020 606206 02/06/04 858 1020 606207 02/06/04 13 1020 606208 02/06/04 26 1020 606209 02/06/04 3113 1020 606210 02/06/04 44 1020 606211 02/06/04 M2004 1020 606212 02/06/04 96 1020 606213 02/06/04 3094 1020 606214 02/06/04 2504 1020 606215 02/06/04 968 1020 606215 02/06/04 968 1020 606215 02/06/04 968 1020 606215 02/06/04 968 TOT~L CHECK 1020 606216 02/06/04 720 1020 606217 02/06/04 2895 1020 606218 02/06/04 127 1020 606219 02/06/04 124 1020 606219 02/06/04 124 TOTAL CHECK 1020 606220 02/06/04 132 1020 606228 02/06/04 132 1020 606220 02/06/04 132 1020 606220 02/06/04 132 TOTAL CHECK 1020 606221 02/06/04 I49 1020 606221 02/06/04 149 1020 606221 02/06/04 149 1020 606221 02/06/04 149 1020 606221 02/06/04 149 TOTAL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT Logan, Jesse 550 THE COURT WORKS 5706450 ACI HOLDINGS, INC. 1100000 ACME & SONS SANITATION C 5606640 AIR FILTER CONTROL INC 5708510 ~4ERIC~%N CLE2~AY, INC. 2708404 AMERICA/q RED CROSS 1104400 AMERICANS FOR THE ARTS 1101042 ARROWHEAD MTN SPRING WAT 5606620 DESHiVYUYd{ SACHIN AVINASH 5786450 ~/~NE-LOHRAINE B~14I 5706450 BAF A[ITO pARTS 6308840 BAP ANTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BATTERY SYSTEMS 6308840 BROWING FERRIS INDUSTRIE 5208003 THE CALIFORNIA CH~.NNEL 1103500 CALIFORNIA SAFETY & CLEA 6308840 CALIFORNIA SAFET~ & CLEA 1108407 C2%LIFORNIA WATER SERVICE 1108314 C~J~IFORNIA WATER SERVICE 1108508 CALIFORNIA WATER SERVICE 1108509 CALIFORNIA WATER SERVICE 1108407 C-ASH 1101000 CASH 1104000 C~E 1104510 CASH 1104510 CASH 1106100 PAGE I .... DESCRIPTION ...... SALES TAX AMOUNT REFDS 44813 & 44815 0.00 -54.00 ROLLER REPI~ACEMENTS O.0O -438.86 OCT-DEC 2003 0.00 336050.93 FY 2003-2004 OPEN PURC 0.00 172.83 FILTERS 0.00 207.67 SUPPLIES 0.00 418.88 CERTIFICATION FEES 0.00 424.00 AMER FOR ARTS Rhq4L 0.00 50.00 BOTTLED DRINKING WTR 0.00 54.32 SERVICE AGREEMENT FOR 0.00 315.00 SERVICE AGREEMENT FOR 0.00 280.00 FY 2003-2004 OPEN PURC 0.00 17.14 FY 2003-2004 OPEN PURC 0.00 38.95 12/20-1/21 0.00 14.99 12/20-i/21 0.00 467.22 P.CASH 1/30-2/03 0.00 26.00 P.CASN 1/30-2/03 0.00 46.06 P.C~H 1/30-2/03 8.00 7.85 RUN DATE 02/05/04 TIME 10:98:02 - FINANCIAL ACCOU~ING 02/85/04 CITY OF CUPERTINO ACCOLr~ING PERIOD: 8/04 ClqECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "02/02/2004" and "02/06/2004" FUND - 110 - GENERA~ FDI~D CASB ACCT CRECK NO 1020 606222 02/06/04 152 1020 606223 02/06/04 1820 1020 606224 02/06/04 2769 1020 606225 02/06/04 158 1020 606226 02/06/04 M2004 1020 606227 02/06/04 166 1020 606226 02/06/04 1333 1020 606229 02/06/04 1363 1020 606229 02/06/04 1363 TOTAL CHECK 1020 606230 02/06/04 1612 1020 606231 02/06/06 173 1020 606232 02/06/04 2857 1020 606233 02/06/04 1130 1020 606233 02/06/04 1130 TOTAL CHECK 1020 606236 02/06/04 1194 1020 606235 02/06/04 197 1020 606236 02/06/04 1407 i020 606237 02/06/04 191 I020 606238 02/06/04 192 1020 606239 02/06/04 194 1020 606239 02/06/04 194 1020 606239 02/06/04 194 1020 606239 02/06/04 194 TOTAL CHECK 1020 606240 02/06/04 M 1020 606241 02/06/04 1242 1020 606241 02/06/04 1242 TOTAL CBECK 1020 606242 ISSUE DT .............. VENDOR ............. FUND/DEPT CEB:CONTINUING EDUCATION 1101500 CERIDIAN BENEFITS SERVIC 110 CFL~RLES M SALTER ASSOCIA 4239222 CHEMSEARCH 1108005 CINDY HENRY i100000 KIMBERLY MARIE CLARK 5806449 CLASS SOFTWARE SOLUTIONS 1106500 CLEAN SOURCE 1108501 CLEAN SOURCE 1108504 BANRIE D COATE 110 COCA-COLA BOTTLING OF CA 5706450 CONCUR INC 2159620 THE COURT WORKS 5706450 THE COURT WORKS 5706450 COURTESY TOW 6308840 CTC FU/VDING. LLC 1101500 CUI~ING HENDERSON TIRE 6308840 CUPERTINO CI~ER OF COB 1101200 C~JPERTINO MEDICAL CENTER 5806449 CUPERTINO SUPPLY INC 1108314 CUPERTINO SUPPLY INC 1108315 CUPERTINO SUPPLY INC 5708510 CUPERTINO SUPPLY INC 5708510 DAILEY, CBERYL 580 DIGITAL PRINT IMPRESSION 1104310 DIGITAL PRINT IMPRESSION 1104310 02/06/04 223 DON & MIKE'S SWEEPING IN 2308004 ..... DESCRIPTION ...... CA GOV TORT LIAB 4TH JAN2004 FSA ADN CONS~UCTION ADMINISTR SUPPLIES A25352 REFD DEV MAINT FEE SERVICE AGREEMENT FOR SUPPLIES 7260 SUPPLIES SUPPLIES ARBORIST R~W R~23942 FY 2003-2004 OPEN PURC SERVICE AGREEMENT FOR ROLLER REPLACEMENTS RETUP~ FY 2003-2004 OPEN PURC RENT FEB2004 70-1D-CU FY 2003-2004 OPEN PURC STAR AWDS 3/13 KNAPP TB/J.LUCO FY 2003-2004 OPEN PQRC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC Refund: Check - WINTER LOGO ENVELOPES WINDOW LETTER3{EAD ENV (10K) STREET SWEEP JA~2004 PAGE 2 SALES TAX AMOUNT 0.00 135.85 0.00 58.50 0.00 5491.85 0.00 251.37 0.00 432.06 0.0O 57.75 0.00 26.00 0.00 97,42 0.00 97.43 0.00 194.85 0.00 520.00 0.00 308.49 0.00 10060.10 0.00 438.86 0.00 -219.42 0.00 219.44 0.00 0.00 4797.00 0.00 101.20 0.00 75,00 0.00 15,00 O.OO 220.39 0. O0 17 . 53 0.00 65 . 72 0.00 71.22 0.00 374.86 0.00 ?5.00 0.00 5957.05 0.00 4046.33 0.00 10003.38 0.00 13782.36 BUN DATE 02/05/04 TIME 10:48:02 FINANCIAL ACCOUNTING 02/05/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/04 CHECK REGISTER - DISBL~SEMEI4T FLS~D SELECTION CRITERIA: ~ransact.transdate between "02/02/2004" and "02/06/2004" FT~ - 110 - GENER3%L FI/ND CASH ACCT CHECK NO ISSDE DT .............. VENDOR ............ FL~/DEPT PAGE 3 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 606243 02/06/04 M DevereaHx, Ruth 550 1020 606244 02/06/04 M Dhar, Vijay 550 1020 606245 02/06/04 2239 ECS IMAGING INC 6104800 1020 606246 02/06/04 2762 ELEVATOR SERVICE CO., IN 5606660 1020 606247 02/06/04 1949 EVENT SERVICES 1108503 1020 606248 02/06/04 2361 FIRST B~/~KCARD 5506549 1020 606248 02/06/04 2861 FIRST B~NKCARD 5506549 1020 606248 02/06/04 2361 FIRST BA-NKCA~RJD 5506849 TOTAL CHECK 1020 606249 02/06/04 2361 1020 606250 02/06/04 2843 1020 606251 02/06/04 3076 1020 606252 02/06/04 281 1020 606252 02/06/04 281 1020 606252 02/06/04 281 1020 606252 02/06/04 261 1020 606252 02/06/04 281 1020 606252 02/06/04 281 TOTkL CHECK 1020 606253 02/06/04 3108 1020 606254 02/06/04 296 1020 606255 02/06/04 298 1020 606255 02/06/04 298 1020 606255 02/06/04 298 TOTAL CHECK I020 606256 02/06/04 M 1020 606257 02/06/04 3026 1020 606257 02/06/04 3026 1020 606257 02/06/04 3026 TOTAL CHECK 1020 606258 02/06/04 2565 1020 606259 02/06/04 3111 1020 686260 02/06/04 2064 FIRST BANKCAZ~D 5706450 FOLGER GRAPHIC INC 1103400 G BORTOLOTTO & CO., INC 2709450 GARDENIJK~ 6308840 C~DENLA~ 6308840 GARDENI~ 1108408 GARDENI~ 6308840 GARDENLAND 6308840 GEORGIA GERBER 4239222 ~3%REN GOTTLEIB 5806449 GRAINGER INC 1108502 GRAINGER INC 2708405 GRAINGER INC 2708405 Green, Kay 550 EERNING DNDERGROU~ SUPP 1108602 HOBEE'S DE ANZA 1101000 ROWARD G HOFF JR. 1104400 Refund: Check - Museum 0.00 19.00 Refund: Check - $150 d 0.00 600.00 Im~SERFICRE MAINT. 0.00 12913.65 ELEVATOR REPAIRS 0.00 253.50 REA~f~J~ 1/01-1/31 0.00 162.38 STATEMENT J~%N2004 0.00 23.90 STATEMENT J~N2004 0.00 136.00 STATEMENT JAN2004 0.00 2263.34 FEB2004 SCENE PUBLIC WORKS CONTP~CT 0.00 2786.16 0.00 1130.47 FY 2003-2004 OPEN PURC 0.00 105.11 FY 2003-2004 OPEN pI/RC 0.00 187.40 PARTS/SUPPLIES A25365 0.00 477.13 FY 2003 2004 OPEN PL~C 0.00 4.73 FY 2003-2004 OPEN PURC 0.00 193.77 FY 2003-2004 OPEN PURC 0.00 38.80 0.00 1006.94 SCI/LP~3RES 1ST PYMT 0.00 29250.00 SERVICE AGREEMENT FOR 0.00 1620.00 SUPPLIES 0.00 114.54 PARTS/SUPPLIES A25366 0.00 78,44 P~J~TS/SUPPLIES A25366 0.00 24.21 0.00 217.18 Refund: Check - class 0.00 60.00 CRA 1539-0006 0.00 6160.12 L~EP 1539-0004 0.00 3723.02 OE3 1539-0005 0.00 4117.68 0.00 14000.82 12 EACH POLE FLANGES B 0.00 493.62 MAYOR'S BRHFST 1/20 0.00 62.03 TEACR CERT CLJ%SS 0.00 50.00 RUN DATE 02/05/04 TIME 10:48:03 - FINILNCIA~ ACCOL~NTING ACCOL~TING PERIOD: 8/04 CHECK REGISTER - DISBURSEMENT FU~D SELEOTION CRITERIA: transact.trans_date between "02/02/2004" and "02/06/2004" FLr~TD - 110 - GENEPJ%L FU~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 606261 02/06/04 334 1020 606261 02/06/04 334 1020 806261 02/06/04 334 1020 606261 02/06/04 334 1020 606261 02/06/04 334 1020 606261 02/06/04 334 1020 606261 02/06/04 334 1020 606261 02/06/04 334 1020 606261 02/08/04 334 1020 606261 02/06/04 334 TOTAL CHECK 1020 606262 02/06/04 1898 1020 606262 02/06/04 1898 TOTAL CHECK 1020 606263 02/06/04 2027 1020 606264 02/06/04 2360 1020 606265 02/06/04 M I020 606266 02/06/04 1981 1020 806267 02/06/04 M2004 1020 606268 02/06/04 M2004 1020 606269 02/06/04 M 1020 606270 02/06/04 1972 1020 606270 02/06/04 1972 TOTAL CHECK 1020 606271 02/06/04 373 1020 606272 02/06/04 382 1020 606273 02/06/04 M 1020 606274 02/06/04 2517 1020 606275 02/06/04 400 1020 606276 02/06/04 2357 1020 606276 02/06/04 2357 1020 606276 02/06/04 2357 TOTAL CHECK 1020 606277 02/06/04 M HOME DEPOT CREDIT SERVIC 1108409 HOME DEPOT CREDIT SERVIC 1108409 HOME DEPOT CREDIT SER~IC 1108303 HOME DEPOT CREDIT SERVIC 2708405 HOME DEPOT CREDIT SERVIC 1108407 HOME DEPOT CREDIT SERVIC 1108508 HOME DEPOT CREDIT SERVIC 1108312 HOME DEPOT CREDIT SERVIC 1108830 HOME DEPOT CREDIT SERVIC 5606640 HOME DEPOT CREDIT SERVIC 2708404 AUTOMATIC PAIN CO. 1108321 AUTOS~ATIC RAIN CO. 1108314 MARSHA HOVEY 1104400 PETE HOWES 1108201 Hartinger, Virginia 550 INTERSTATE TP~AFFIC CONTH 2708405 JAMES PUBLISHING, INC. 1101500 JEFF YANG 110 JESSIE LOGAN 550 KI~;kLL-MIDWEST 6308840 KIMEA. LL-MIDWEST 6308840 KIRK XPEDX 1104310 DAYTON PRINTING INC. 5506549 Kadkhodayan, gomayoon 550 LJ%FCO 1107305 LIFETIME TEhq~IS INC 5706450 LIGHTHOUSE 6308840 LIGHTHOUSE 6308840 LIGHTHOUSE 6308840 Lin, Chiung-Chih (George 550 ..... DESCRIPTION ...... SALES TAX AMOUNT PARTS/SUPPLIES 24187 0.00 39.97 PARTS/SUPPLIES 20209 0.00 20.46 PARTS/SUPPLIES 13076 0.00 28.04 PARTS/SUPPLIES 25364 0.00 104.86 PkRTS/SUPPLIES 20308 0.00 30.57 PARTS/SUPPLIES 20303 0.00 26.39 PARTS/SUPPLIES 27300 0.00 37.25 PARTS/SUPPLIES 20532 0.00 99.02 PARTS/SUPPLIES 15993 0.00 369.88 PARTS/SUPPLIES 25354 O.O0 324.32 0.00 1080.76 FY 2003-2004 OPEN PUEC 0.00 228.20 FY 2003-2004 OPEN PUNC 0.00 149.56 0.00 377.76 CERT SUPPLIES 0.00 62.42 SAFETY TRAINING 0.00 405.00 Refund: Check - Museum 0.00 19.00 SIGN BI~KS A25367 0.00 152.63 CA COURTS/JLq}GES 0.00 187.69 REFD DEV MAINT FEE 0.00 584.53 REFDS 44813 & 44815 0.00 54.00 SPOT LIGHTS A25329 0.00 366.52 SUPPLIES 0.00 66.03 0.00 432.55 FY 2003-2004 OPEN PURC 0.00 629.17 NEWSLETTER FEB04 0.00 985.08 Refund: Check - Surger 0.00 35.00 FEE/REORG MVISTA 2-07 0.00 340.00 1/19-2/01/04 0.00 9874.43 SUPPLIES 20309 O.O0 27.97 SUPPLIES 20211 8.00 12.19 SUPPLIES 20210 0.00 24.38 0.00 64.54 Refund: Check - Full r 0.00 300.00 RUN DATE 02/05/04 TIME 10:48:03 - FINANCIAL ACCOUNTING 02/05/04 CITY OF CUPERTINO ACCOUNTING PERIOD: 8/04 CHECK REGISTER - DISBURSEMENT FtrND SELEC~fION CRITERIA: transact.trans_date between "02/02/2004" and "02/06/2004" FUND - 110 - GENERAL FUND CASH ACCT C~ECK NO ISSUE DT ............. VENDOR ............ FOND/DEPT PAGE 5 ..... DESCRIPTION ..... SALES TAX AMOUNT 1020 606278 02/06/04 1599 I020 606279 02/06/04 424 1020 606280 02/06/04 2554 1020 606281 02/06/04 3112 1020 606282 02/06/04 1868 1020 606283 02/06/04 1023 1020 606284 02/06/04 M 1020 606285 02/06/04 2726 1020 606286 02/06/04 485 1020 606286 02/06/04 465 TOTAL CHECK 1020 606287 02/06/04 470 1020 606288 02/06/04 3109 1020 606288 02/06/04 3109 TOTAL CHECK 1020 606289 02/06/84 2488 1020 606290 02/06/04 2206 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 1020 606291 02/06/04 493 TOTAL CHECK I020 606292 02/06/04 3095 1020 606293 02/06/04 833 1020 606293 02/06/04 833 1020 606293 02/06/04 833 MA/gAGED HEALTH NETWORK I 1104510 MARCHA~NT TRAVEL 550 MCMASTER CARR 1108505 MERRY MART UNIFORMS, INC 1103300 METRO MOBILE CO~JNICATI 1108314 MASSOLrD MODJTEBEDI 1107502 MONNICK, JOANN 580 ** MOSS & B~g/qETT 1101031 MOLq~TAIN VIEW GARDEN CEN 1108302 MOUNTAIN VIEW GARDEN CEN 1108302 MUSSON THEATRICAL 1103501 NATIONAL ELEVATOR CO. IN 5708510 NATIONAL ELEVATOR CO. IN 5708510 POWERPI~ 6308840 O.K. FIRE EQUIPMENT COMP 1104400 OFFICE DEPOT 1104300 OFFICE DEPOT 1104300 OFFICE DEPOT 1104300 OFFICE DEPOT 1107301 OFFICE DEPOT 1107503 OFFICE DEPOT 1108601 OFFICE DEPOT 4239222 OFFICE DEPOT 1108101 OFFICE DEPOT 1104400 OFFICE DEPOT 1104000 OFFICE DEPOT 5806249 OFFICE DEPOT 1107503 OFFICE DEPOT 1106343 EVAM OLDS 1103501 P E R S 110 P E R S 110 P E R S 110 FEB 2004 ASSIST PRG 0.00 970.50 DEPST 10/10-17 2004 0.00 3500.00 SUPPLIES 0.00 34.18 SISTER CITY SHIRTS 0.00 208.38 SERVICES 0.00 98.00 PI~ REVIEW SERVICES 0.00 17840.00 Refund: Check WINTER 0.O0 47.00 FRA/gCHISE RENEWAL 0.00 1622.80 SUPPLIES 0.00 202.05 SUPPLIES 0.00 569.01 O.00 771.06 RENTAL OF EQUIPMENT FO SERVICE CALL REPAIRS 0.00 794.93 0.00 15.00 0.00 150.00 0.00 165.00 REPAIRS A25369 0.00 375.74 POWDER 0.00 125,78 OFFICE SUPPLIES 0.00 30.27 OFFICE SUPPLIES 0.00 80.02 OFFICE SUPPLIES 0.00 56.61 OFFICE SUPPLIES 0.00 92.54 OFFICE SUPPLIES 0.00 92.53 OFFICE SUPPLIES 0.00 35.78 OFFICE SUPPLIES 0.00 118.73 OFFICE SUPPLIES 0.00 67.56 OFFICE SUPPLIES 0.00 248.52 OFFICE SUPPLIES 0.00 8.49 OFFICE SUPPLIES 0.00 97.48 OFFICE SUPPLIES 0.00 97.10 OFFICE SUPPLIES 0.00 8.65 0.00 1034.28 INSTALLATION PROJECT 0.00 708.00 PERS SPEC 0.00 114.44 PERS BI3YEACK 0.00 462.65 PERS 1959 0.00 118.11 RUN DATE 02/05/04 TIME i0:48:03 - FINANCIAL ACCOUNTING o~/os/o~ ACCOI/NTING PERIOD: SELECTION CRITERIA: CITY OF CUPERTINO 8/04 CHECK REGISTER - DISBURSEMENT FU~ transact.trans_date between "02/02/2004" and "02/06/2004" CASH ACCT CHECK NO 1020 606293 02/06/04 833 1020 606293 02/06/04 833 1020 606293 02/08/04 833 TOTAL CHECK 1020 606294 02/06/04 513 1020 606294 02/06/04 513 1020 606294 02/06/04 513 1020 606294 02/06/04 513 TOTAL CHECK 1020 606295 02/06/04 M2004 1020 606296 02/06/04 545 1020 606297 02/06/04 546 I020 606297 02/06/04 546 TOTAL CHECK 1~20 606298 02/06/04 3064 1020 606299 02/06/04 581 1020 606300 02/06/04 2371 1020 606301 02/06/04 602 1020 606302 02/06/04 2043 1020 606302 02/06/04 2043 1020 606302 02/06/04 2043 1020 606302 02/06/04 2043 TOTAL CHECK 1020 606303 02/06/04 2833 1020 606304 02/06/04 M 1020 606305 02/06/04 M 1020 606306 02/06/04 M 1020 606307 02/06/04 M 1020 606308 02/06/04 2465 1020 606309 02/06/04 2170 1020 606310 02/06/04 1636 1020 606311 02/06/04 M ISSUE DT ............ VENDOR ............ FUND/DEFT P E R S 110 P E R S 110 P E R S 110 PACIFIC GAS & ELECTRIC ( 1108407 PACIFIC GAS & ELECTRIC ( 1108506 PACIFIC GAS & ELECTRIC ( 1108506 PACIFIC G/%S & ELECTRIC ( 1108506 pADDLE PALACE 5506549 JEFF PISERCHIO 5606640 PITNEY BOWES INC 1104310 PITNEY BOWES INC 1104310 RACHEL QUILTER 5806449 RELI~kBLE 1107503 RON GATES' T~SMISSION 6308840 ROYAL COACH TOURS 5506549 RUDE'S PEST MANAGEMENT 1108501 RL~DE'S PEST ~/qAGEMENT 1108506 RURE'S PEST MANAGEMENT 1108504 RURE'S PEST MANAGEMENT 1108505 TH~ RUNYA-N 5706450 Ramsauer, Alice 550 Rodgers, Nancy 550 Ruden, Jeanne 550 SAKAKIBARA, SONOKO 580 SAN JOSE BOILER WORKS, I 1108501 SAN JOSE GENERATOR 6308840 SANTA CLAR~ CTY SHERIFF 1104510 SAXENA, SEEMA 588 DESCRIPTION PERS EMPLOYER CONT PERS BUYBACK PERS EMPLOYEE CONT 12/27-1/27 12/27 1/27 12/27-1/27 4B PINGPONG BALLS FY 2003-2004 OPEN PURC FY 2003-2004 OPEN PURC SERVICE AGREEMENT FOR OFFICE SUPPLIES REPAIRS DEGAS & G/SULLIVAN RODENT BAIT RODENT BAIT RODENT BAIT RODENT BAIT SERVICE AGREEMENT FOR Refund: Check - Beach Refund: Check - Class REFD 248268 & 248269 SUPPLIES REBUILT STRTR A25373 FINGERPRINTS DEC2003 Refund: Check - SPRING PAGE 6 AMOUNT 7014.30 123.70 25795.84 33629 . 04 7.19 25.21 24.09 12.66 69.15 22 . 95 1956.00 248.76 209 . 00 457.76 85.80 51.20 1762 . 98 693.22 225.00 225.00 225 , 00 RUN DATE 02/05/04 TIME 10:48:03 - FINANCIAL ACCOUNTING 05/05/04 PAGE 7 ACCOL~NTING PERIOD: SELECTION CRITERIA: CITY OF CUPERTINO 8/04 CHECK REGISTER DISBURSEMENT FLr~D ~ransact.trans_da~e between "02/02/2004" and "02/06/2004" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 606314 02/08/04 511 SBC/MCI 1108507 1020 606314 02/06/04 51i SBC/MCI 6104800 1020 606314 02/06/04 511 SBC/MCI 1108501 1020 606314 02/06/04 511 SBC/MCI 1109407 1020 606314 02/06/04 511 SBC/MCI 1108504 1020 606314 02/06/04 511 SBC/MCI 1108511 1020 606314 02/06/04 511 SBC/MCI 1106647 1020 606314 02/06/04 511 SBC/MCI 1107301 1020 606314 02/06/04 511 SBC/MCI 5606640 1020 606314 02/06/04 511 SBC/MCI 5606820 1020 606314 02/06/04 511 SBC/MCI 6104800 1020 606314 02/08/04 511 SBC/MCI 1108201 1020 606314 02/06/04 511 SBC/MCI 5708510 1020 606314 02/06/04 511 SBC/MCI 5208003 1020 606314 02/06/04 511 SBC/MCI 1108602 1020 606314 02/06/04 511 SBC/MCI 2308004 1020 606314 02/06/04 511 SBC/MCI 1108601 1020 606314 02/06/04 511 SBC/MCI 5706450 1020 606314 02/06/04 511 SBC/MCI 5606620 1020 606314 02/06/04 511 SBC/MCI 1108507 1020 606314 02/06/04 511 SBC/MCI 1108503 1020 606314 02/06/04 511 SBC/MCI 1108501 1020 606314 02/06/04 511 SBC/MC8 1106265 1020 606314 02/06/04 511 SBC/MCI 1108102 1020 606314 02/06/04 511 SBC/MCI 1108101 1020 606314 02/06/04 511 SBC/MCI 1108001 1020 606314 02/06/84 511 SBC/MCI 1107502 1020 606314 02/06/04 511 SBC/MCI 1107501 1020 606314 02/06/04 511 SBC/MCI 1107503 1020 606314 02/06/04 511 SBC/MCI 1108504 1020 606314 02/06/04 511 SBC/MCI 1107302 1020 606314 02/05/04 511 SBC/MC2 1101200 1020 606314 02/06/04 511 SBC/MCI 1107301 1020 606314 02/05/05 511 SBC/MC5 1107200 1020 606314 02/06/04 511 SBC/MCI 1106500 1020 606314 02/06/04 511 SBC/MCI 1106529 1020 606314 02/06/04 511 SBC/MCI 1106265 1020 606314 02/06/04 511 SBC/MCI 1106265 1020 606314 02/06/04 511 SBC/MCI 1106100 1020 606314 02/06/04 511 SBC/MCI 1106265 1020 606314 02/06/04 511 SBC/MCI 1104400 1020 606314 02/06/04 511 SBC/MCI 1104530 1020 606314 02/06/04 511 SBC/MCI 1106647 1020 606314 02/06/04 511 SBC/MCI 1104510 1020 606314 02/06/04 511 SBC/MCI 1104200 1020 606314 02/06/04 511 SBC/MCI 1104100 1020 606314 02/06/04 511 SBC/MCI 1104000 1020 606314 02/06/04 511 SBC/MCI 1103500 1020 606314 02/06/04 511 SBC/MCI 1103300 1020 606314 02/06/04 511 SBC/MCI 1104300 1020 606314 02/06/04 511 SBC/MCI 1101500 ..... DESCRIPTION ...... SALES TA~ AMOUNT #5170211 12/01-12/27 0.00 15.31 #0215331 1/01-1/31 0.00 289.61 00213488 1/01-1/31 0.00 588.61 TELEPHONE SERV DECO3 0.00 14.59 TELEPHONE SERV DEC03 0.00 32.17 TELEPHONE SERV DEC03 0.00 60.50 TELEPHONE SERV DEC03 0.00 272.27 TELEPHONE SERV DEC03 0.00 60.50 TELEPHONE SEHV DEC03 0.00 30.25 TELEPHONE SERV DEC03 0.00 151.26 TELEPHONE SERV DEC03 0.00 574.79 TELEPHONE SERV DEC03 0.00 210.57 TELEPHONE SERV DEC03 0.00 242.02 TELEPHONE SERV DEC03 0.0O 30.25 TELEPHONE SERV DEC03 0.00 121.01 TELEPHONE SERV DEC03 0.00 30.25 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 363.00 TELEPHONE SERV DEC03 0.00 302.52 TELEPHONE SERV DEC03 0.00 60.50 TELEPHONE SERV DEC03 0.00 818.10 TELEPHONE SERV DEC03 0.00 679.53 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 30.25 TELEPHONE SERV DEC03 0.00 286.58 TELEPHONE SERV DEC03 0.00 151.26 TELEPHONE SERV DEC03 0~00 30.25 TELEPHONE SERV DEC03 0.00 393.27 TELEPHONE SERV DEC03 0.00 121.01 TELEPHONE SERV DEC03 0.OO 121.01 TELEPHONE SERV DEC03 0.00 60.50 TELEPHONE SERV DECO8 0.00 90.76 TELEPHONE SERV DEC03 0.00 272.27 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 363.02 TELEPHONE SERV DEC03 0.00 30.25 TELEPHONE SERV DEC03 0.00 60.50 TELEPHONE SEHV DEC03 0.00 484.03 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 211.76 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 211.76 TELEPHONE SERV DEC03 0.00 30.25 TELEPHONE SERV DEC03 0.00 181.51 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 181.51 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 90.76 TELEPHONE SERV DEC03 0.00 50.50 TELEPHONE SERV DEC03 0.00 270.64 TELEPHONE SERV DEC03 0.00 332.77 RUN DATE 02/05/04 TIME 10:48:03 - FINANCIAL ACCOUNTING 02/05/04 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD: 8/04 CI4ECK REGISTER - DISB[/RSEMENT FL~q/D SELECTION CRITERIA: transact.~ran$_date between "02/02/2004" and "02/06/2004" ..... DESCRIPTION ...... S~J~ES TAX TELEPHONE SERV DEC03 TELEPHONE SERV DEC03 O.00 0.00 CERT SRIRTS 0.00 STAXF SHIRTS 0.00 L~DER 17371 O.00 SERVICE AGREEMENT FOR 0.00 SUBDIV MAP ACT M3%NUAL 0.00 REEL TABLE HE~ED DRL~4 A 0.00 BOU~ARY FEE M.VISTA 0.00 FY 2003-2004 OPEN PURC 0.00 FY 2003-2004 OPEN PURC O.00 0.00 INSTALLATION PROJECT 0.00 SERVICE AGREEMENT FOR 0.00 SUPPLIES 0.00 BOOSTER PAC A~5363 0.00 Refund: Check - WINTER #309369653 JAN03 0.00 #508881609 JAN04 0.00 OFFIC~ SUPPLIES 0.00 OFFICE SUPPLIES 8.00 0.00 VISION INSUP~CE 0.00 SERVICE AGREEMENT FOR 0.00 SUPPLIES 0.00 SUPPLIES 0,00 AMOUNT 151.26 181.51 9982.12 519.60 324.75 844.35 75.76 3078.36 54.26 3199.27 350.00 33.00 35.75 68.75 1895.50 1058.62 358.16 74.00 74.00 74,00 222.00 399.45 130.00 57.03 72.66 78.41 597.42 675.83 2184.68 1080.00 116.56 665.30 RUN pATE 02/05/04 TIME 10:48:03 - FIN~CI~ ACCOUNTING 02/05/04 CITY OF CUPERTINO PAGE 9 ACCOL~NTING PERIOD: 8/04 CHECK REGISTER - DISBL~SEMENT FLrND SELECTION CRITERIA: transact.trans_date between "02/02/2004" and "02/06/2004" C~H ACCT CHECK NO TOTAL CHECK ISSUE DT ............. VENDOR ........ FLr~D/DEPT 1020 606334 02/06/04 M WISS~, KELLY 580 1020 606335 02/06/04 792 LILY WU 5706450 1020 606336 02/06/04 805 1020 606336 02/06/04 805 1020 606336 02/06/04 805 1020 606336 02/06/04 805 1020 606336 02/06/04 805 1020 606336 02/06/04 805 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL REPORT ZUMWALT ENGINEERING GROU 1108601 ZUMWALT ENGINEERING GROU 4209534 ZUMWALT ENGINEERING GROU 4209534 ZL~ALT ENGINEERING GROU 1108601 ZL~4WAJ~T ENGINEERING GROU 1108601 ZUMW;tLT ENGINEERING GROU 4209834 ..... DESCRIPTION ..... Refund: Check - Return SERVICE AGREEMENT FOR PROJECT MGMT SVC PROJECT MGMT SVC PROJECT MGMT SVC PROJECT MGMT SVC PROJECT MGMT SVC PROJECT MGMT SVC SALES TAX 0.00 AMOUNT 781.86 0.00 300.00 0.00 228.00 0.00 478.28 0.00 0.05 0.00 2.45 0.00 1964.12 0.00 41.59 0.00 0.60 0.00 2487.09 0.00 688335.81 0.00 688335.91 0.00 688335.91 RUN DATE 02/05/04 TIME 10:48:03 - FINANCI/LL ACCOUNTING RESOLUTION NUMBER 04-264 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON February 13,2004 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 $ 424,070.77 Less Employee Deductions $(119,365.26) NET PAYROLL $ 304,705.51 Payroll check numbers issued 72890 through 73111 Void check number(s) CERTIFIED: ~.~. ~ ~-~)'77'~3~ D~rector of Adm~mstrat~ve Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this lTth . day of Februar7 ,2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354. FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM AGENDA DATE February 17, 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04- ~ ~'~ authorizing the City Manager to execute a Local Agency State Agreement with the California Department of Transportation to receive Bicycle Transportation Account (BTA) grant funds for the Mary Avenue Bicycle Footbridge Project in the amount of $600,000.00. BACKGROUND The Mary Avenue Bicycle Footbridge Project consists of the design and construction of a bicycle footbridge on Mary Avenue over Interstate Route 280 in the City of Cupertino. The Project will provide a bicycle and pedestrian connection between the cities of Cupertino and Sunnyvale in a bikeway corridor on Mary Avenue between Homestead Road and Stevens Creek Boulevard, and will link up with DeAnza College on the south. The Project will include gateways, paths, the bridge, residential buffering elements, and landscaping. The major stakeholder is the City of Cupertino, owner of the Mary Avenue right of way. The California Department of Transportation, the City of Sunnyvale, Homestead High School, the Santa Clara Valley Transportation Authority, and neighboring residents at both ends of the bridge are also important stakeholders. Embracing the project enthusiastically as the number one project in its Measure B Bicycle Expenditure Program, the Santa Clara Valley Transportation Authority (VTA) committed $5,440,000.00 of the funding necessary for the project. The City, in turn, committed itself to the task of assembling the local share of the project funding, as shown below. As part of the City's efforts in that regard, staff submitted a November 2002 application to California Department of Transportation for a Bicycle Transportation Account (BTA) grant to assist the City of Cupertino in financing the required local match funding for the project. The application for the BTA grant funds has been approved in a maximum amount of $600,000.00. The Department of Transportation requires that the City enter into a Local Agency - State Agreement in order that the City may receive BTA grant funds. Pnnted on Recycled Paper Budget and Funding of the Project The Santa Clara Valley Transportation Authority (VTA) committed funds in the amount of $5,440,000.00 of the total original program estimate of $6,800,000.00 to develop the Project under the Santa Clara County Bicycle Expenditure Program. Since that time, staff has, working with the design team of Biggs-Cardosa Associates, Inc/HNTB determined that it would be desirable to include a project contingency of $250,000 (5% of the construction cost estimate) which will give the City greater flexibility to address any unforeseen circumstances that may arise in the design and construction of the project. The total project estimate is therefore increased to $7,050,000. The State of Califoruia had, through the efforts of Senator Byron Sher's office, previously committed $500,000.00, and the City of Sunnyvale has committed to $110,000.00 to help fund the Project. Of the estimated $1,000,000.00 remaining to be funded, the City's adopted Capital Improvements Program allocated an amount of up to $400,000.00, and the balance was expected to come from Bicycle Transportation Account (BTA) grant funds. The California Department of Transportation has now approved a maximum amount of $600,000.00 in BTA grant funds, which now fully funds the project to the current estimate of $7,050,000. The details of budget and costs are as follows: Budget Item Amount Cost Estimate for Constxuction Contingency Design Construction Management Feasibility Study (Completed) $ 5,000,000 250,000 1,300,000 300,000 200,000 Total Project Budget $ 7,050,000 Funding Sources Item Amount VTA Grant Share (80%) State Transportation Fund (Sher) City of Sunnyvale Bicycle Transportation Account City of Cupertino CIP $ 5,440,000 500,000 110,000 600,000 400,000 Total Project Funding $ 7,050,000 Biggs Cardosa Associates, Inc./HNTB, the City's design and engineering consultant for the Mary Avenue Bicycle Footbridge, has been proceeding with design of the bridge, with an anticipated completion of design in the fourth quarter of 2004. Construction is proposed to begin in the spring of 2005 for completion in spring of 2006. FISCAL IMPACT As approved by the California Department of Transportation, in a maximum amount of $600,000.00, the BTA grant will give the City greater flexibility in addressing any unforeseen circumstances that may arise in the design and construction of the Mary Avenue Bicycle Footbridge Project. STAFF RECOMMENDATION Adopt Resolution No. 04- /'~ ~' authorizing the City Manager to execute a Local Agency- State Agreement with the California Department of Transportation to receive Bicycle Transportation Account (BTA) grant funds for the Mary Avenue Bicycle Footbridge Project in the amount of $600,000.00. Submitted by: Director of Public Works Ap~mission: David W. Knapp City Manager DRAFT RESOLUTION NO. 04-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY-STATE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE BICYCLE TRANSPORTATION ACCOUNT GRANT FUNDS FOR THE MARY AVENUE BICYCLE FOOTBRIDGE WHEREAS, there has been presented to the City Council an approved Bicycle Transportation Account grant for the Mary Avenue Bicycle Footbridge; and WHEREAS, the California Department of Transportation requires that the City enter into a Local Agency - State Agreement in order that the City may receive Bicycle Transportation Account grant funds; NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute a Local Agency - State Agreement for the Mary Avenue Pedestrian Footbridge Project in order to receive $600,000.00 in Bicycle Transportation Account grant fimds. PASSED AND ADOPTED at a regular meeting of the City coUncil of the City of Cupertino this 17th day of February 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino cu eKnno Summary AGENDA ITEM AGENDA DATE February 17~ 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04- ),,~a g , authorizing the City Manager to execute a cooperative agreement with the Cupertino Union School District to provide for a temporary school pedestrian crossing guard at Collins School during construction related to the conversion of Collins School from an elementary to a middle school, and authorizing the City to receive funds from CUSD for the crossing guard. BACKGROUND The Cupertino Union School District (CUSD) is in the process of converting Collins School in Cupertino from an elementary to a middle school. CUSD has determined that its operations during construction will have an impact on the local traffic during the school drop-off and pickup times such that a crossing guard on a pedestrian crosswalk on Merritt or Vista Drive adjacent to the school might be needed during construction activities. It is expected that the crossing guard will be needed from March through mid-June and September through mid-December 2004. Public Works currently maintains a contract with a provider of crossing guards for other locations in the City. Both Public Works and CUSD believe that CUSD funding a crossing guard for the approximately seven month period while classes are in session during construction at Collins School would be the most efficient and cost effective method of providing a temporary crossing guard. FISCALIMPACT Since the cooperative agreement with CUSD will require that CUSD provide the funding for a temporary crossing guard at Collins School for above-named period, there will be no fiscal impact on Cupertino. STAFF RECOMMENDATION Adopt Resolution No. 04- J- ~C~ , authorizing the City Manager to execute a cooperative agreement with the Cupertino Union School District to provide for a temporary school pedestrian crossing guard at Collins School during construction related to the conversion of Collins School from an elementary to a middle school, and authorizing the City to receive funds from CUSD for the crossing guard. Submitted by: Director of Public Works A~~ubmission: David W. Knapp City Manager RESOLUTION NO. 04-266 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE CUPERTINO UNION SCHOOL DISTRICT TO PROVIDE FOR A TEMPORARY SCHOOL PEDESTRIAN CROSSING GUARD AT COLLINS SCHOOL AND AUTHORIZING THE CITY TO RECEIVE FUNDS FROM CUPERTINO UNION SCHOOL DISTRICT FOR THE CROSSING GUARD WHEREAS, section 45450 et seq. of the Education Code and Section 21100 (i) of the California Vehicle Code provide for the furnishing of school crossing guards; and WHEREAS, the School District recognizes the need for a temporary school crossing guard and has agreed to provide the funds necessary to furnish a temporary crossing guard at Collins School in Cupertino; and WHEREAS, CITY currently maintains a contractor to furnish crossing guards. NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager execute a cooperative agreement with the Cupertino Union School District (CUSD) to provide for a temporary school pedestrian crossing guard at Collins School during construction related to the conversion of Collins School from an elementary to a middle school, and authorizing the City to receive fimds from CUSD for the crossing guard. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of February 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY Agenda No. "~ Agenda Date February 17, 2004 Application No.: Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA-2003-11 Applicant: Ken Busch / Regis Homes Property Location: 21255 Stevens Creek Boulevard APPLICATION SUMMARY: Consider request to reconsider Application Nos. Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA-2003-11. RECOMMENDATION: The City Council may take one of the following actions: 1. Continue the item until all members of the City Council are present, as requested by the applicant; 2. Reject the reconsideration petition; a. The City Council may direct the applicant to submit new development applications based on one of the conceptual plans; 3. Refer one of the conceptual plans to the Planning Commission for a report and recommendation to the City Council; 4. Re-open the public hearing and then re-vote on the original application; BACKGROUND The applicant, Regis Homes, proposed demolition of vacant commercial area and the construction of 49 townhonse units at the Oaks Shopping Center. On December 15, 2003, the City Council defied the proposed project at the Oaks Shopping Center on a 2-2-1 vote. Regis Homes petitioned for reconsideration on December 23, 2003 (attached). The applicant held a neighborhood meeting on Wednesday, February 4, 2004. Staff did not attend this meeting. DISCUSSION Option 1: Continuance The applicant requests a continuance until such time that all City Councilmembers are present (attached). Printed on Recycled Paper Regis Homes Reconsideration 2 Option 2: Legislative Act In a letter addressed to the City Council dated February 10, 2004 (attached), the City Attorney outlined the legal basis for this reconsideration and advised that the rezoning component is a legislative action that is not subject to reconsideration. Thus, the Council can choose to reject the petition for reconsideration. Option 2a: Re-file Development Applications The applicant submitted two new conceptual plans summarized as follows: Table 1: Comparison of Conceptual Alternative Plans Denied Hans Exhibit A Exhibit B Residential Units 49 29 35 Commercial Area (sq. ft.) about 53000 about 59,000 about 56,000 Plan Elements Retain Mary Avenue Retain Mary Avenue Narrow Mary Avenue width width Remove vacant theater Remove vacant theater Remove vacant theate~ and restaurant and restaurant and restaurant Remove Tsunami Keep Tsunami Sushi Keep Tsunami Sushi Sushi tenant space tenant space tenant space Add 3,000 sq. ft. to the west of Tsunami Sushi * The Oaks Shopping Center currently has about 71,000 sq.ft, of commercial area If the City Council believes that one of the conceptual plans has merits then the Council should reject the reconsideration and direct the applicant to re-apply for development applications and pay the appropriate review fees. Option 3: Refer conceptual plans to the Planning Commission The City Council could choose to refer the applicant's concepts to the Planning Commission for review. These new plans will require levels of review consistent with a brand new development application: · The environmental review documents must be modified to reflect the changed plan and a new traffic study may be necessary since the additional commercial area is expected to have more traffic impacts than the former project. · Detailed plans must be reviewed by the City's Planning, Building, Engineering, Traffic and Environmental Resources division, in addition to the County Fire Department, County Sheriff, Cupertino Sanitary District, Cupertino Unified School District and Fremont Union High School District prior to the Planning Commission hearing. Reg/s Homes Reconsideration 3 Due to the level of review required, staff believes it is more appropriate to have the applicant re-apply and pay new review fees (Option 2a). Option 4: Re-open Public Hearing As outlined in the City Attorney's letter, the Council is not obligated to reconsider the application since the past action was a legislative act. The Council could choose to re-open the public hearing specifically to allow the applicant to respond to issues related to past attempts to lease the vacant space in the center. Then the Council should re-vote on the previous plan concept. Enclosures: Reconsideration Letter dated December 23, 2003 Continuance Request dated February 9, 2004 City Attorney Letter dated February 10, 2004 Exhibit A Exhibit B Prepared by: Peter Gilli, Senior Planner Steve Piasecki Director of Community Development Approved by: D~avid~W.~app City Manager REGIS HOMES December 23, 2003 Ms. Kim Smith City Clerk City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3255 DEC 2 9 2003 CUPERTINO CITY CLERK Via Fax (408) 777-3366 RE: Request for Reconsideration of Applications Nos. Z-2003-03, TM-2003-03, U- 2003-05, EXC-2003-04, EA-2003-11, Ken Busch/Regis Homes, 21255 Stevens Creek Boulevard, APN 326-27-035 (Oaks Shopping Center/The Oaks) Dear Ms. Smith We request a reconsideration of the decision made by the City Council on The Oaks agenda item based on Municipal code section 2.08.096 for the following reasons. We met with the city council and planning commission in a study session to discuss the proposed improvements at The Oaks and the vacation of Mary Ave in May and were encouraged to continue the planning process including the vacation of Mary Ave. We continued to be encouraged by and had numerous meetings with city staff regarding the improvements and the vacation of Mary Ave. The planning commission also recommended approval of the improvements and vacation of Mary Ave. During the city council meeting the public meeting was closed and the city council discussed the benefits and their concerns of the proposal and never gave the applicant the opportunity to address council concerns, of which we had no prior indication. The city council should have given the applicant the oppommity to address the concerns raised by the city council. At the city council meeting there was significant discussion and questions regarding the attempts to lease the vacant space on the western portion of the shopping center and the overall retail environment in Cupertino. During the city council discussion it appeared we should have provided additional detail of the leasing efforts and the overall retail Regis Homes of Northern California, Inc~ 901 Mariners Island Boulevard, Suite 700, San Marco, California 94404 T: 650-378-2800 F: 650-570-2233 environment in Cupertino. We were not aware this information would be required, and feel it would h~ve an irapact on the decision made by the city council. The city council decision is not consistent with the planning commission recommendation, the city staffreport and the information presented at the public meeting. Lastly, Mayor Sandra James stated that although there was no conflict of interest she would not vote on The Oaks agenda item, but would chair the meeting. Since Mayor James does not have a financial interest in The Oaks agenda item she should have taken part in the vote of this item. However, once she stated she would not vote on this item she had an obligation to not chair the meeting and leave the council chambers. This impacted the city council from conducting a fair hearing on this item. In summary, we feel the City of Cupertino criteria for reconsideration are met and we ask the city council to reconsider the above referenced item. If there are any questions please contact me at (650) 377-5805. Sincerely, Ken Busch Cc~ Chuck Kilian (408) 777-3401 Steve Piasecki (408) 777-3333 REGIS HOMES Februat79, 2004 Ms. Klm Smith City Clerk City of Cupertino 10300 Torte Ave Cupertino, CA 95014-3255 Via Fax (408) 777-3366 RE: Reconsideration of Applications Nos. ~2003-03, TM-2003-03, U-2003-05, EXC- 2003-04, EA-2003-1 l, Ken Busch/Regis Homes, 21255 Stevens Creek Boulevard, APN 326-27-035 (Oaks Shopping Center/The Oaks Reconsideration) Dear Ms. Smith It has come to our attention that not all City Council members will be present when the City Council reconsiders the above referenced apphcations on February 17, 2004. We request that the reconsideration be rescheduled to a date that all City Council members are present. We do not have an objection to this reconsideration to be schedule beyond sixty days from the filing of our petition. If there axe any questions please contact me at (650) 377-5805. Sincerely, Ken Busch Cc~ Chuck Kilian (408) 777-3401 Steve Piasecki (408) 777-3333 P,~is I-IomeJ ofNozv, hem Cali~omla, Ina 901 Mazin~r$ l~lmd Boul,~'~d, S~itc 700, Sa Marco, C.~l~rnia 94404 T: 650.578-25n0 F: 6~50-570-2233 cuPeP t no office of the City Attorney 10320 S. DeAnza Blvd., #ID Cupertino, CA 95014 Ph: (408) 777-3403 Fax: (408) 777-3401 Charles T. Kilian City Attorney Eileen H. Murray Assistant City Attorney February 10, 2004 Honorable Mayor and Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Request for Reconsideration of Applications Nos. Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA-2003-11, Ken Busch/Regis Homes, 21255 Stevens Creek Boulevard, APN 326-27-035 (Oaks Shopping Center/l'he Oaks) Dear Mayor and City Council: The above applicants have requested reconsideration of the council's previous decision made on December 15, 2003 in which the above-described applications were denied by a 2-2 vote'with one abstention. The key decision was to deny the applicants' request for a re-zoning of the Oaks Shopping Center (Application Z-2003-03). The denial of the change of zone request rendered moot the remaining applications for a tentative subdivision map, use permit, and exception. The adoption or amendment of a zoning ordinance is a legislative act generally requiring no specific findings of fact. Arnel Development Company v. City of Costa Mesa, 28 Cai. 3d 511,169 Cai Rptr. 904 (1980). Government Code Section § 36 936 provides that the passage of any ordinance requires the recorded majority vote of the total membership of the city council. Hence, the council's 2-2-1 vote as to Application Z-2003-03 resulted in a denial of the application. The Honorable Mayor and Member of the City Council February 10, 2004 Page 2 Municipal Code Section 2.08.095 provides that any interested party may file a petition with the city clerk seeking reconsideration of any adjudicatory decision of the city council. The denial of the applicant's re-zoning request was a legislative, not an adjudicatory act. Hence, reconsideration of the decision is not appropriate. Assuming, for purposes of argument, however, that the council could re- consider its previous decision, any request must specify precise grounds for reconsideration. The council cannot consider any other grounds not specified in the request. The applicants have specified three grounds for re-consideration: 1 ) Municipal Code Section 2.08.096 B (1) provides that the city council may re-open the hearing to consider "new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing." The applicant argues that the council, after hearing all sides, closed the public hearing, discussed the application raising concerns regarding the applicant's attempts to lease vacant space and the overall retail environment in Cupertino. According to the applicant, the council should have re-opened the hearing to allow the applicant to present additional evidence regarding these issues. The question before the city council is whether the applicant should have reasonably foreseen these concerns and therefore should have included the information in its presentation. If so, then the applicant failed to utilize due diligence in presenting its case. If not, the council, if it allows any reconsideration at all, may wish to m-open the hearing for the limited purpose of presenting this "new" information. 2) Municipal Code Section 2,08.096 B 5(a) provides that a rehearing may be allowed if the council abused its discretion by "not proceeding in a manner required by law." In this case, the applicant simply alleges that the "city council's decision is not consistent with the planning commission recommendation, the city staff report or the information presented at the public hearing." The applicants fail to present any legal authority, nor can they, for the proposition that city council decisions should always be consistent with a planning commission recommendation or staff report. Furthermore, the applicants fail to demonstrate that its denial is inconsistent with al__[I the information which was provided by al_l parties. The Honorable Mayor and Members of the City Council February 10, 2004 Page 3 3) The applicants also argue, without citing any specific grounds in the City's reconsideration procedural ordinance, that Mayor Sandra James should not have abstained from the vote. Legal research by this office fails to disclose any competent legal authority which prohibits council member from abstaining from a vote, particularly when the council member outlined her reasons for not voting. In the event that the applicants attempt to use the reconsideration process to present a new plan which was not previously considered by either the planning commission or the city council, evidence regarding the new proposal should not be considered as grounds for reconsideration. Section 65857 of the California Government Code provides that the city council may approve, modify or disapprove the recommendations of the planning commission with respect to re-zoning of property; however "any modification of the proposed ordinance or amendment by the legislative body .not previously considered by the planning commission.., shall be referred to the planning commission for report and recommendation...' Hence, with respect to any proposed new plan, the council should either reject it and direct the applicant to re-apply or refer it back to the planning commission for a report pursuant to Section 65857, Recommendations (1) The city council should reject the petition for reconsideration since the instant decision was legislative and not adjudicatory in nature. (2) If the city council wishes to.consider the petition, it should determine whether any grounds exist to justify reconsideration. Aside from the request to present new information, the petition fails to provide any colorable basis for reconsideration. If the council finds that the applicants' failure to present additional information was excusable, then it should re-open the hearing for the limited purpose of hearing the new information and then re-vote on the application. (3) In the event that the applicants seek to present a new plan not previously considered, then the new plan should either be rejected (subject to re-application) or referred to the planning commission for a report and recommendation to the city council. The Honorable Mayor and Members of the City Council February 10, 2004 Page 4 I will be happy to answer questions from the council at the next council meeting. Sincerely, Charles T. Kilian City Attorney CTK/dej cc: City Clerk City Manager Director of Planning & Community Development City Clerk FEB, 11. 2004 i:05PM AVErY/ACCO 130 E, Dnna Street Mountain Vlew~ Californl;t 94041.1599 February 11, 2004 ("~70 N $ Ti~u CT] 0N NO, 61~7 P, 2 Telephone (650) 961-8330 Fax (650) 965.9188 COMPANY Honorable Members of the Cupertino City Council 10300 Torte Avenue Cupertino, CA 95014 Re: Application Number Z-2003-03, Request to Rezone Oaks Shopping Center Dear Honorable Members of the Cupertino City Council: we oppose the rezoning the Oaks Shopping Center. Based on our thirty years of managing the Glenbrook apartments across the street we con honestly say that the recent economic cycle has been a tough one but things are starting to get better. We don't like having 29 vacant apartments dght now but we would never consider a change of use. But we know that we have to put up with economic cycles. There is little we can do to educate you because you are experienced at analyzing issues in Cupertino. However we would ask three questions: 1. If the HeRman Group from Chicago wants to maximize their investment at the Oaks Shopping Center why would they not at least talk to Peter Pau of Sandhill Development about his desire to purchase and build a new Shopping Center? (parenthetically, I have only met him a few times but observed Peter Pau for the last 15-years and he is a no-nonsense, straight forward person who puts his money where his mouth is. We have a property in San Mateo and I have observed his tenacity in making large developments Work from start to end, What he could do at the Oaks Shopping Center with new retail buildings would be phenomenal for the citizens of Cupertino, the city sales tax revenue, and the obvious increase in property taxes. The Heitman website advertises five shopping centers for sale but only 2.5 acres of land is listed under the Oaks. Why not "consider" an outright sale? 2. A slide was shown at the last City Council meeting to explain the dozens of improvements that could be made to the shopping center if the Regis Homes Proposal was allowed to go ahead. It included painting the shopping center and adding new signage and taking care of trees. The applicant has gone to great lengths to try and convince council members that an anchor tenant cannot be found for the Oaks Shopping Center and it begs a question: if these improvements were done by the owner in advance of looking for a tenant, would it not help the situation? (parenthetically, I have never seen an owner in Cupertino have to wait to lease a space in order to paint their property or improve signage). 3. When we look at the Heitman website, www. Heitman.com/prepertybrokers.asp you will see that Heitman is advertising the sale of the 2.5 aores called 'q'he Oaks Land." This begs the question, is the priority selling the land or trying to lease the anchor space at the Oaks Shopping Center, and is this the practice that the City Council wants to encourage other shopping center owners to follow during the Iow point of an economic cycle? Like so many people involved in this issue, we do not think of ourselves as opponents ora development, but we are opponents of a change in use to a well-located retail center. We also D/B/Ltr/5003 Crowded: Some schools have open space Continued from page 1 The district is neutral on growth issues in Cupertino, but Rowley said that the proposed Oaks development could bring in $54,000 in property taxes. The district's student generation model indicates ~at ff the mixed-use plan went forward, five students would enter local high schools, which could lessen the potential economic benefits. "Commercial growth is really a good thing, and student residential growth is not such a good thing for us," he said. Rowiey also addressed overcrowding in the schools. Figures show that Fremont High School is over capacity by 29 students and Monta Vista is over by one student. Cupertino, Lynbrook and Homestead high schools are all operating below capacity right now, but projections made using proven formu- las show available room dropping over the next few years. Rowley said district projections from seven to eight years ago have been accurate within a few students for each school. The state considers 27 students per reg- ular classroom and 11 students per spe- cial-education classroom as capacity. All Fremont Union schools had been dosed to intradistrict transfers due to modem- ization projects, but at the board meeting on Feb. 3, Homestead and Lynbrook were reopened for intradistrict transfers became they are the only schools with substan~al room. Next year, Cupertino High School is projected to have a stu- dent body number right at capacity. Attcr hearing R0wlcy's prcsentati0n, city council members questione~i~lhe flexibility of borders within the ~Ct. "Read my lips, no new boundaries,V Rowley said jokingly. He added that .the board would have to have a "dramatic and compelling" reason to change boundaries as they are now, especially since Fremont Union doesn't proxdde transportation for its students" The district is currently working with- in the daily schedule and the available space at each high school. "These are strict [capacity] guidelines that we're following," Rowley said. "These push us to greater efficiency if we're pressed. We're not going to use cafeterias." Options include eliminating study hails and using odd times during the school day for core classes, which could prove inconvenient for students. But schools like Homestead, which was recently refurbished, have a simpler task of dealing with solutions than do the overcrowded schools because they have space for 518 additional students, "Homestead has an easier time with seven periods than Monm Vista [does]," Rowley said. The presentation was intended to educate the city council on potential impacts of development decisions, and while several members said they were already aware of concerns, the raw num- bers painted a more complete picture. "We're not going to approve a very large residential developmant, because we're cognizant of these things," said Mayor Sandy James. Cupertino Courier Article - 2/11/04 To the Attention of the City Council Members From: Erwin Webster EXHIBIT A r EXHIBIT B 0 © '0 0 0 F EXISTING 8UILDING --j MODIFIED E MODIFIED EXISTING BUILDI BUILDING cuPeM no City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek~cupertino.org OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number Agenda Date: February 17~ 2004 SUBJECT AND ISSUE Adopt Donor Recognition Artifacts Policy and Procedure. BACKGROUND On February 2, 2004, City Council directed staff to develop a policy along the lines outlined at that meeting. RECOMMENDATION Adopt resolution regarding the Donor Recognition Artifacts Policy and Procedure. Respectfully submitted: David W. Knapp, City Manager Printed on Recycled Paper DRAFT RESOLUTION NO. 04-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A DONOR RECOGNITION ARTIFACTS POLICY AND PROCEDURE WHEREAS, the City Council wishes to adopt a policy that would define the policies, procedures, and responsibilities for accommodating donor 'artifacts on City property; NOW, THEREFORE, BE RESOLVED that the City Council of the City of Cupertino hereby adopts the attached Donor Recognition Artifacts Policy and Procedure. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of February 2004, by the following vote: Vote AYES: NOES: ABSENT: ABSTAiN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City qf Cupertino City of Cupertino Donor Recognition Artifacts Policy and Procedure Purpose The purpose of this document is to define the policies, procedures, and responsibilities associated with accommodating donor recognition artifacts on City property. Policy Guidelines 1. Locating donor recognition artifacts on City property is limited to the authorized foundations of public school districts only (De Anza - Foothill Community College District, Cupertino Union School District, and Fremont Union High School District). 2. The authorized foundation will bear all the costs associated with installing the artifacts including, but not limited to, design, fabrication, purchasing, installation and any other associated costs. 3. The City, exclusively, will determine the type, size, design, and location of donor recognition artifacts. Procedure 1. The authorized foundation desiring to locate donor recognition artifacts on City property will first make a proposal to the City Manager. 2. The City Manager will consult with City staffand develop a recommendation for presentation to the City Council. 3. The City Council will make the final determination as to every aspect of the proposal. 4. The City will make reasonable efforts to preserve any donor artifacts on City property. If the artifact cannot continue to be reasonably maintained, it may be removed by order of the City Council. 5. The artifact may be removed by the City Council at anytime for any reason. CUPEP INO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. 6] AGENDA DATE: February_ 17, 2004 SUMMARY: Reorganization proceedings for territory designated as Monta Vista 02-07 consisting of: 1. The armexation to the City of Cupertino of approximately 43.41 acres of developed and undeveloped, unincorporated property generally bounded by Stevens Creek Boulevard, Union Pacific Railroad tracks, McClellan Road and Blackberry Farm, commonly known as Monta Vista. 2. The detachment of the same territory that is within the Santa Clara County Lighting Service Area. RECOMMENDATION: Staff recommends that the City Council: 1. Adopt a Negative Declaration for the reorganization project, Monta Vista 02-07; 2. Order the change of reorganization per the model resolution. BACKGROUND: On February 2, 2004, the City Council considered the reorganization rifled Monta Vista 02-07. The public hearing was opened and one unincorporated property owner spoke in favor of annexation and another property owner spoke against City development practices and other activities in the neighborhood. One resident submitted a signed annexation protest form. The mayor asked if there were any other protests to be submitted during the public hearing; none were submitted. The mayor asked if anyone who submitted a protest wanted to retract it; none were retracted. The mayor closed the public hearing, which closed the protest period. The City Clerk could not immediately determine the value of the submitted written protests. The protest valuation was close to the 25% registered voter level, which would have required a public vote on the reorganization. Since the last registered voter Printed on Recycled Paper Monta Vista 02-07 Reorganization Page 2 February 17, 2004 list was obtained in mid-December 2003, the Clerk said she needed to obtain an updated registered voter list to determine ff additional protestors qualified as registered voter protestors during the last month and a half. DISCUSSION: Protest Count In the February 2, 2004 staff report to City Council, the preliminary protest counts were calculated by Planning staff. The City Clerk determines the final protest count and protest valuation. The list of registered voters residing in the affected territory was obtained by the Clerk from the County Registrar of Voters and is current as of the morning of February 3, 2004. Additional voters appeared on the list, bringing the total to 314 registered voters. The City Clerk reports that 108 valid protests to the reorganization proceedings were received, and the value of those protests submitted prior to the close of the public hearing constituted 23.2% of the 314 registered voters residing in the affected territory- a minimum of 25% is required for an election. The Clerk also reports that 30.5% of the 298 property owners who own 20% of the $37,987,763 total assessed land valuation submitted protests-- a minimum of 25% of the landowners who own at least 25% of the assessed land valuation is required for an election. In conclusione protestors to the reorganization did not reach the necessary protest thresholds for registered voters or property owners to require an election on the issue. Therefore, approximately 77% of the Monta Vista registered voters and about 70% of the property owners did not oppose annexation to Cupertino. Ci~_ Taxes and Fees Upon annexation, unincorporated areas receive city services and are subject to city taxes and fees. The city taxes and fees that would be extended to this area include: 1. The Utility Users' Tax, which is currently 2.4% of the natural gas, electricity and local and long distance telephone charges. Homeowners age 65 or over may apply for utility tax exemption; 2. The Storm Drainage Service Fee, which is currently $12.00 per single- family or duplex residential parcel per year, $144.00 per acre of apartment, commercial, or industrial land, and $36.00 per acre of vacant land; and 3. The Business License Fee, which is currently $100.00 per year for most home businesses. Monta Vista 02-07 Reorganization Page 3 February 17, 2004 At the same time, County service fees will be removed. The County lighting service area fee of about $8.00 on Monta Vista property owner tax bills will be removed by the County. Appealing Decision to LAFCO Pursuant to Section 56757(d) & (f) of the California State Government Code, this reorganization proceeding is subject to appeal to the Local Agency Formation Commission (LAFCO), because it involves territory for which the general plan land use designation has changed from the time that the city urban service area was last adopted by LAFCO. The statutory basis for an appeal is unclear to staff. The appeal petition must be signed by at least 50 registered voters in the county, and be submitted directly to the LAFCO Executive Officer within 15 days of the adoption by the City Council of the resolution approving the annexation. There is an appeal fee charged to the appellants and payable to LAFCO. Finalization q[ the Reorganization Once the City Council orders by resolution the change of reorganization, the paperwork and filing fees are submitted to the LAFCO Executive Officer. The work is reviewed for completeness and the LAFCO Executive Officer will record a certificate of completion after the expiration of the appeal period. The recordation date of the certificate of completion is the effective date of the reorganization (annexation). If the City's decision is appealed to LAFCO, the completion of the reorganization will be delayed until after the LAFCO appeal hearing. Prepared by Colin Jung, Senior Planner Steve Piasecki Director of Community Development Approved by: David W. Knapp City Manager Enclosures: City Council Ordering Resolution, Map and Legal Description ERC Recommendation, Initial Study & Negative Declaration G: planning/pdreport/cc/montavista2 RESOLUTION NO. 04-267 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAK1NG DETERMINATIONS AND ORDERING THE CHANGE OF REORGANIZATION OF TERRITORY DESIGNATED "MONTA VISTA 02-07," CONSISTING OF 1) ANNEXATION OF ABOUT 43.41 ACRES OF TERRITORY GENERALLY BOUNDED BY STEVENS CREEK BOULEVARD, UNION PACIFIC RAILROAD TRACKS, MCCLELLAN ROAD AND BLACKBERRY FARM, AND 2) THE DETACHMENT OF THE SAME TERRITORY WITHIN THE SANTA CLARA COUNTY LIGHTING SERVICE AREA WHEREAS, on January 5, 2004, the City Council adopted Resolution No. 04- 238, initiating proceedings for annexation of the area designated "Monta Vista 02-07"; and detaching the same territory that is within the Santa Clara County Lighting Service Area. WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body, and therefore the City Council of the City of Cupertino is now the conducting authority for said reorganization; and WHEREAS, said territory is inhabited and all owners of land included in the proposal have not consented to this reorganization; and WHEREAS, in accordance with Sections 57025 and 56157 of the California Government Code, the City of Cupertino has provided mailed notice of the hearing on the reorganization to all property owners of record and registered voters within 300 feet of the exterior boundary of the affected territory, affected agencies and other interested parties and notification of their eligibility to protest this City-initia'ted proceeding with instructions on how to prepare a valid, written protest; and WHEREAS, the City of Cupertino opened and conducted a public heating on the reorganization in accordance with Section 57050 of the California Government Code, to accept protests and withdrawals of protests, objections or evidence which is made, presented, or filed; and WHEREAS, the City of Cupertino, subsequently closed the public hearing on February 2, 2004, and intends to determine the value of the written protests in order to take the appropriate action on the reorganization. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: Resolution No. 04-267 Page 2 That it is the conducting authority pursuant to Section 56757 of the California Government Code for the reorganization of territory designated "Monta Vista 02- 07", more particularly described in Exhibits "A & B"; That the following findings are made by /he City Council of the City of Cupertino: a. That said territory is inhabited and comprises approximately 43.41 acres. That the annexation is consistent with the orderly annexation of tenitory within the City's urban service area and is consistent with the City policy of annexing when providing City services. The City Council has completed an initial study and has found that the reorganization of said territory has no significant impact on the environment, and approves the granting of a Negative Declaration. The City Council has prezoned the subject territory that constitutes the entirety of the subject reorganization to pre-R1-8, pre-R1-7.5, Pre-P(Res 4.4-12), Pre-P(Res 4.4-7.7) or Pre-P(ML) on June 4, 1984; or prezoned the territory to pre-P(CN, ML, Res 4-12) on September 15, 1980. That the territory is within the city urba¢ service area as adopted by the Local Agency Formation Commission (LAFCO). That the County Surveyor has determined the boundaries of the proposed reorganization to be definite and certain, and in compliance with the Commission's road annexation policies. The City has reimbursed the County for actual costs incurred by the County Surveyor in making this determination. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. That the proposed annexation does not split lines of assessment or ownership as determined by the Santa Clara County Assessor's Office. i. That the proposed annexation is consistent with the City's General Plan. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. That the City has complied with all conditions imposed by the Commission for inclusion of the territory in the City's urban service area. Resolution No. 04-267 Page 3 That 108 valid protests to the reorganization proceedings were received by the Clerk of the City of Cupertino, and the value of those protests submitted prior to the close of the public heating constituted 23.2% of the 314 registered voters residing in the affected territory; and 30.5% of the 298 property owners who own 20% of the $37,987,763 total assessed land valuation and that the last equalized County assessment roll and Registrar of Voters list of registered voters within the unincorporated Monta Vista area were used to make these determinations. BE IT FURTHER RESOLVED: A) City of Cupertino taxes and fees will be extended to this territory, which includes: 1) The Utility Users' Tax of 2.4% of the natural gas, electricity, local and long distance telephone charges; 2) The Storm Drainage Service Fee on an annual basis is $12.00 per single-family or duplex residential parcel; $144.00 per acre of apartment, commercial, or industrial land, and $36.00 per acre of vacant land; 3) The Cupertino Business License Fee applicable to businesses in the City and currently $100.00 per year for most home-based businesses. B) The Santa Clara County Lighting Service Area Assessment of about $8.00 per year shall be removed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17~ day of February 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA 42-07 All of that real property situate in the County of Santa Clara, State of California, not previously annexed to the City of Cupertino and lying within the area delineated by a boundary that is described as follows: BEGINNING at the Northeast corner of Parcel A as shown on that certain Record of Survey recorded on July 9, 1964 in Book 182 of Maps at page 5, Santa Clare County records, said point also being on the Southerly boundary of Stevens Creek Boulevard and the Westerly boundary of the annexation to the City of Cupertino entitled "McClellan No. l- A"; thence leaving the Northerly boundary of said Parcel A and proceeding Northwest along the Westerly boundary of annexation McClellan No. 1-A N20°30'09"VV 43.34 feet more or less to the intersection thereof with the center line of Stevens Creek Boulevard, 71.00 feet wide as shgwn on said map; thence leaving the Westedy bounclary of said annexation McClellan No. 1-A and continuing along the Southerly boundary of annexation McClellan No. 1-A N90°00'00"W 201.70 feet more or less to a point on the Southeasterly comer of the annexation to the City of Cupertino entitled 'Rifredi 63-9"; thence leaving the Southerly boundary of the aforementioned annexation McClellan No. 1-A and continuing along said Southerly boundarY of annexation Rifredi 63-9 N90°00'00'W 125.00 feet more or less to a point on the Southerly boundary of the aforementioned annexation McClellan No. l-A; thence leaving the Southerly boundary of the aforementioned annexation Rifredi 63-9 and continuing' along said Southerly boundary of annexation McClellan No. 1-A N90°00'00"W 93.82 feet to a point on the Westerly boundary of said annexation McClellan No. l-A; thence leaving the Southerly boundary of said annexation McClellan No. 1-A and continuing along the Westerly boundary of annexation Mcclellan No. 1-A N00°00'00"W 29.93 feet more or less to the Southeasterly comer of the annexation to the City of Cupertino entitled "Mann/Adriana 80-32"; thence leaving the Westedy boundary of the aforementioned annexation McClellan No. 1-A and continuing along said boundary of annexation Mann/Adriana 80-32 N90°00'00"W 35.00 feet more or less to a point on the Easterly boundary of the annexation to the City of Cupertino entitled "Mann 80-3"; thence leaving the boundary of the aforementioned annexation Mann/Addana 80-32 and continuing along said boundary of annexation Mann 80-3 S00°00'00"W 30.00 feet more or less to a point on the Southerly boundary of said annexation Mann 80-3; thence continuing along said Southerly boundary N90°00'00"W 296.73 feet more or less to a point on the Easterly boundary of said annexation Mann 80-3; thence along said Easterly boundary S00°00'00"W 30.00 feet more or less to a point on the boundary of aforementioned annexation Mann/Adriana 80-32; thence leaving the Easterly boundary of the aforementioned annexation Mann 80-3 and continuing along said Eastedy boundary of said annexation Mann/Adriana 80-32 S00°00'00"W 298.12 feet more or less to a point on the Northerly boundary of Granada Avenue and the Southerly boundary of said annexation Mann/Adriana 80-32; thence leaving the Eastedy boundary of annexation Mann/Addana 80-32 and continuing along the Southerly boundary of annexation Mann/Adfiana 80-32 N90°00'00"W 205.30 feet more or less to a point on the Westerly boundary of annexation Mann/Adriana 80-32; thence leaving the Northerly boundary of Granada Avenue and proceeding along said .boundary of annexation Mann/Addana 80-32 N00°00'00'W 198.12 feet more or less; ther, N90°00'00'W 100.12 feet more less; thence S00°00'00"W 198.12 feet more or less to a point on the Northerly boundary of Granada Avenue; thence continuing along said Northerly boundary Ng0°00'00"W 300.45 feet more or less; thence leaving the Northerly boundary of Granada Avenue and proceeding along the boundary of annexation "Mann/Adriana 80-32" N00°00'00"W 328.15 feet more or less to a point on the monument line of Old Stevens Creek Blvd. as shown on that certain Parcel Map recorded May 26, 1983 in Book 513 of Maps at page 19, Santa Clara County records; thence continuing along said monument line and said boundary line of annexation Mann/Addana 80-32 N90°00'00*W 220.00 feet more or less to a point on the monument line of Byme Avenue as shown on said Parcel Map and the boundary of the annexation to the City of Cupertino entitled "Byme 78-2'; thence leaving the boundary of the aforementioned annexation Mann/Adriana 80-32 and continuing along said boundary of annexation Byme 78-2 N90°00'00"W 20.00 feet more or less to a point on the Westedy boundary of Byme Avenue; thence continuing along said Westedy boundary S00°00'00"W 290.00 feet more or less; thence continuing along the boundary of said annexation Byme 78-2 Ng0°00'00"W 305.33 feet more or less to the Northwest comer of Lot no. 31 as shown on that certain map entitled "Tract No. 150, Stevens Creek Subdivision Map No. 2," as recorded in Book 5 of Maps at pages 4 and 5 Santa Clara County records, said point also being on the Easterly boundary of the annexation to the City of Cupertino entitled "Blackberry 91-0'; thence leaving the Southerly boundary of the aforementioned annexation Byme 78-2 and continuing along said Westerly boundary of said Tract Map and the Easterly boundary of said annexation Blackberry 91-0 the following courses and distances: S03°03'00"E 101.84 feet, S06°43'30'W 126.05, S15°04'00"E 95.58 feet, S01°41'30"E 92.22 feet, S06°15'00"E 48.91 feet, S28°53'00"E 140.96 feet, S04°26'30"E 139.81, S03°16'30"W 109.72, S08°29'30'E 101.39 feet, S46°15'30"E 47.28 and S00°00'00"W 462.56 feet more or less to a point on the Southwest comer of Lot no. 11 as shown on said Tract Map and the Northerly boundary San Fernando Avenue; thence continuing along said Northerly boundary and along the Southeasterly boundary of the aforementioned annexation Blackberry 91-0 S57°30'00"W 165.98 feet more or less to the Westedy boundary of San Femando Avenue; thence continuing along the Westedy boundary of San Femando Avenue and the Southeasterly boundary of the aforementioned annexation Blackberry 91-0 S00°O0'00"W 30.00 feet more or less to the Northeast comer of Lot 59 as shown on that certain map entitled "Tract No. 211 Stevens Creek Subdivision Map No. 4" as recorded in Book 7 of Maps at page 31 Santa Clara County records; thence leaving the Westerly boundary of San Fernando Court and proceeding along the boundary of the aforementioned annexation Blackberry 91-0 and the Northerly boundary of said Lot 59 S69°11'30"W 124.90 feet more or less to an angle point on the Northerly boundary of said Lot 59; thence continuing along the boundary of said subdivision as shown on the aforementioned Map for Tract No. 211 and the boundary of the aforementioned annexation Blackberry 91-0 the following courses and distances: S83°09'00"W 239.08 feet, S42°55'00"W 138.86 feet, S36°42'00"E 47.56 feet, S33°31'O0"E 93.06 feet, S30°31'00"E 79.45 feet and S45°33'00"E 189.70 feet more or less to the Southwest comer of Lot 43 as shown on aforementioned Map for Tract No. 211; thence along the Eastedy boundary o¢ the aforementioned annexation 'Blackberry 91-0" the following courses and distances: S12o00'00"E 61.34 feet, S24°04'30"E 92.58 feet and S12°51'30"W 172.35 feet more or less to the Southwest corner of Lot 4 as shown on that certain map recorded in Book 649 of Maps at pages 41 and 42, Santa Clara County Records, said point also being on the Northern boundary of the annexation to the City of Cupertino entitled 'D'Amico 72-6A"; thence leaving the boundary of aforementioned annexation "Blackberry 91-0" and bound of t n ×ati0n "O'Amic0 72-6A" and the Norther(¥ boundary of McClellan Road N90°00'00"E 351.37 feet more or less to a point on the Easterly boundary of aforementioned annexation "D'Amico 72-6A"; thence leaving the Northerly boundary of McClellan Road and continuing along the Easterly boundary of aforementioned annexation "D'Amico 72-6A' S00°00'00"E 40.00 feet more or less to a point on the Southerly boundary of McClellan Road; thence continuing along said boundary of McClellan Road and said boundary of aforementioned annexation "D'Amice 72-6A" along a non-tangent curve to the left with a radial beadng of N00°O0'00"E, a radius of 15.00 feet an intemal angle of 90° and an arc length of 23.56 feet to a point of tangency on the Eastedy boundary of said McClellan Road; thence continuing along said boundary of McClellan Road and the Eastedy boundary of aforementioned annexation 'D'Amico 72-6A' S00°00'00'E 205.24 feet more or less to a point on the Northerly boundary of the annexation to the City of Cupertino entitled "McClellan 70-6"; thence leaving the Eastedy boundary of the aforementioned annexation "D'Amico 72-6A" and the Easterly boundary of the aforementioned McClellan Road and proceeding along said Northerly boundary of said annexation "McClellan 70-6" N90°00'00'E 164.00 feet more or less to a point on the Eastedy boundary of aforementioned annexation "McClellan No. l-A"; thence leaving the Northerly boundary of aforementioned annexation "McClellan 70-6" and proceeding along said boundary of aforementioned annexation "McClellan No. I-A' N00°O0'00'E 240.24 feet more or less to a point on the center line of aforementioned McClellan Road; thence continuing along said center line of McClellan Road and said boundary of aforementioned annexation "McClellan No. l-A" N90°00'00"E 861.62 feet; thence leaving said center line and proceeding NO0°00'00'E 30.00 feet more or less to a point on the Northerly boundary of McClellan Road and the Easterly boundary of Orange Avenue; thence leaving the Northerly boundary of McClellan Road and continuing along said Easterly boundary of Orange Avenue and the boundary of aforementioned annexation "McClellan No. l-A" N00°00'00'E 339.90 feet more or less; thence leaving the Easterly boundary of Orange Avenue and continuing along the boundary of aforementioned annexation 'McClellan No. 1-A' N90°O0'O0"E 130.00 feet more or less; thence N00°00'00"E 50.00 feet more or less; thence N90°00'00"E 168.25 feet more or less; thence N00°00'00"E 100.00 feet more or less; thence N90°00'00'E 161.87 feet more or less; thence N00°00'O0"E 170.50 feet more or less; thence N90°00'00"E 330.00 feet more or less; thence NO0°00'00"E 1,782.75 feet more or less; thence continuing along the boundary of aforementioned annexation "McClellan No. I-A" N20°30'09"W 159.13 feet more or less to the point of BEGINNING of this description. The parcels to be annexed within the above described boundary have a total area of 43.41 acres more or less and lie entirely within the County of Santa Clara, State of California. Revised 9-18-03 J:LlOBS~Cup-Monta Vista annexation~Lega/stOvera/I-Revg-18, doc CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE December 10, 2003 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on December 10, 2003. PROIECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: SP-2001-05 (EA-2003-17) City of Cupertino Monta Vista DISCRETIONARY ACTION REQUEST The annexation to the City of Cupertino of 43.41 acres of unincorporated residential, commercial and industrial developed property generally bounded by Stevens Creek Boulevard, the Union Pacific Railroad tracks, Blackberry Farm and McClellan Road, commonly know as Monta Vista. Detachment of same territory within the Santa Clara County Lighting Service District. FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Environmental Review Committee recommends the granting of a Negative Declaration finding that the project is consistent with the General Plan and has no significant environmental impacts. Steve Piasec~<i Director of Community Development g/erc/REC EA-2003-17 CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department Staff Use Only EA File No. EA-2003-17 Case File No.SP-2001-05 PROJECT DESCRIPTION: ~,ttachments cost/revenue ~stimates Project Title: Monta Vista 02-07 Reorganization Project Location: Area bounded by Stevens Creek Blvd., Union Pacific Railroad tracks, Blackberry Farm, McClellan Road Project Description: Annexation to the City of 43.41 acres of unincorporated developed and undeveloped property and the detachment of the same territory that is within the Santa Clara County Li~lhting Service District. Environmental Setting: Urban setting with sinqle and multi-family residential uses, commercial and liqht industrial uses PROJECT DESCRIPTION: Site Area (ac.) - 43.41 Building Coverage - n/a % Exist. Building - n/a s.f. Proposed Bldg. - n/a s.f. Zone - various G.P. Designation - various Assessor's Parcel No. ~ - I)o,~'~t~0_~ If Residential, Units/Gross Acre - various Total# Rental/Own Bdrms Total s.f. Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) [] Monta Vista Design Guidelines [] S. De Anza Conceptual [] N. De Anza Conceptual [] S. Sara-Sunny Conceptual [] Stevens Crk Blvd. Conceptual [] Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - s.f. Employees/Shift - Parking Required Project Site is Within Cupertino Urban Service Area - FAR - Max. Parking Provided YES [] NO [] A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. AppendixA- Hillside Development 7. Land Use Map 8. Noise Element Amendment 9. City Ridgel[ne Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) t4. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance C. CITYAGENClES Site 19. Community Development Dept. List ~'.. 20. Public Works Dept. 21. Parks & Ae(~reation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25.' County Departmental of Environmental. ". Health OUTSIDE AGENCIES (Continued) 26. Midpenfnsula Regional Open Space District 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Un[on School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CALTRANS 35. County Transportation Agency 36. Santa Clara Valley Water Distdct OUTSIDE AGENCY DOCUMENTS 37. I~AAQMD Survey of Contaminant Excesses 38. FEMA Flood Maps/SCVVVD Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. CalEPA Hazardous Waste and Substances Site OTHER SOURCES : 44. Project Plan Set/Application Materials. 45. Field Reconnaissance 46. Experience w/project of similar scope/characteristics 47. ABAG Projection Series A. Complete all information requested'on the Initial Study Cover page. LEAVE BLANK SPACES,' - _ · ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. ~ ' · B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each page. F. Upon completing the checklist, sign and date the Preparer's Affidavit. C. Please attach the following materials before submitting the Initial Study to the City. ,"Project Plan Set of Legislative Document ,"Location map with site clearly marked (when applicable) ISSUES: = ~-- ,., ._ 03 ~- z0 [and Supporting Information Sources] ,~ .:_~)_E emm '~-03 ~ '=- ~ o~ ~ _E · III. AIR QUALITY -Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of [] [] [] [] the applicable air quality plan? [5,37,42,44] ! b) Violate any air quality standard or [] [] [] [] contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net [] [] [] [] ~ncrease of any criteria pollutant for which the project region is non-attainment under an app cab e federal or state ambient air quality '" standard (including releasing emissions .. which exceed quantitative thresh01dsfor '- . ozone precursors)? [4,37,44] .... . d) Expose sensiti~e receptors to substantial . .~ [] [] , ~ .,1~ ~ollutant concentrations? [4 37 44] . ~.. e) Create objectionable odor~ a~fecti'ng a [] [] [] [] · substant a number of people? [~ 37 44]' ,~. i · IV. BIOLOGICAL RESOURCES -- Would the project: ~ ' a) Have a substantial adverse effect, either [] [] [] [] directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any [] [] [] [] riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on [] [] [] [] i federally protected wetlands as defined by I Section 404 of the Clean Water Act ~ (including, but not limited to, marsh, vernal [and Supporting Information Sources] ~O01, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,3§,44] d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] i e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an :adopted:: Habitat Conservation Plan,.Natural~ ~,: ~ Community Conservation P an, or othe[, approved local, regional, or State habitat conservation plan? [5,10,26,27] . V. iCULTURAL RESOURCES ~,Would the, project: . ~ :. a) Cause a substantial adverse change in the significance of a historical resource as defined n {}15064.57 [5 13 41] b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to {}15064.5? [5113,41] c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ! delineated on the most recent Alquist-Priolo i Earthquake Fault Zoning Map issued by the ISSUES: [and Supporting Information Sources] State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? 2,5,10,44] iii) Seismic-related ground failure, including liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] b) Result in substantial soil erosion or the loss of topsoil? [2,5,10,44] c) Be located on a geologic unit o~ soil ~hat is, unstable, or that would become pnstab!~ as a result of the project, and potenti~ally i'esu t, ~n on- or off-site landslide, lateral spreading, subsidence liquefaction or collapse?' [2,5,10,39] d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997) creat ng substant a rsks to life o,r,~ property? [2,5,10] ....... e) Have soils ncapable of adequately supporting the use of septic tanl~s alternative waste water d sposal systems where sewers are not available for the' disposal of waste water?. [6,9,36,39] VII, HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, , substances, or waste within one-quarter mile ISSUES: [and Supporting Information Sources] of an existing or proposed school? I [2,29,30,40,44] d) Be located on a site which is included on a list of hazardous materials sites compiled ~ursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a pri~/~te · airstrip, would theproject result in a saf,ety . hazard fOr people res dng or Working i~ the~'; project area? [ ] g) Impair implementation of or physically. ~ interfere with an adopted emergency response plan or emergency evacuation.' plan? [2,32,33,44] h) Expose people or structures to a significant risk of Ioss~ injury or death . ~ . involving wildland fires, including whe~:& wildlands are adjacent to urbanized area~'or where residences are intermixed with wildlands?[1,2,44] i VIII. HYDROLOGY AND WATER QUALITY ' -- Would the project: a) Violate any water quality standards or waste discharge requirements? [20,36,37] b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] ISSUES: t[and Supporting Information Sources] e) Create or contribute runoff water which would exceed the capacity of existing or )lanned stormwater drainage systems or provide substantial additional sources of ~olluted runoff? [20,36,42] f) Otherwise substantially degrade water quality? [20,36,37] g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of , a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or mudflow? [2,36,38] IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? [7,12,22,41] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but . not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] c) Conflict with any applicable habitat conservation plan or natural community conservation plan? [1,5,6,9,26] X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to ISSUES: [and Supporting Information Sources] the region and the residents of the state? [5,10] b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,I0] XI. NOISE -- Would the project result in: i a) Exposure of persons to, or generation of, 'no~se levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of excessiVe groundbome vibration or g roundborne noise levels? [8,18,44] c) A subStantial permanent increase in · ambient noise levels in the project vicinity above [evel~ existing without the project? [8,18] d) A subStantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] Xll. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] ISSUES: [and Supporting Information Sources] b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? [3,16,44] Xlll. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the >rovision of new or physically altered governmental facilities, need for new or )hysically altered governmental facilities, the construction of which could cause significant mvironmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the )ublic services: Fire protection? [19,32,44] Police protection? [33,44] Schd61s? [29,30,44] Parks? [5,17,19,21,26,27,44] Other public facilities? [19,20,44] XlV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreat ona facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is ' substantial in relation to the existing traffic ._o ISSUES: [and Supporting Information Sources] ~ .~--E _~ ~ ~ ~. e .- -- _ load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, [] [] [] [] a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, [] [] [] [] including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] d) Substantially increase hazards due to a [] [] [] [] design feature (e.g, sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadeRuate emergency access? [] [] [] [] [2,19,32,33,44] 0 Result in inadequate parking capacity? [] [] [] [] [17,44] g) Conflict with adopted policies, plans, or [] [] [] [] programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment [] [] [] [] requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of [] [] [] [] I new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of [] [] [] [] new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] ISSUES: = ~ '" .- o~ ~- ~o ~. [and Supporting Information Sources] ~ ~ E ~e co~ '~ ._--~ o emro ~ E _E · -- -u)'-- e) Result in a determination by the [] [] [] [] wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] f) Be served by a landfill with sufficient [] [] [] [] permitted capacity to accommodate the project's solid waste disposal needs? [?] g) Comply with federal, state, and local [] [] [] [] statutes and regulations related to solid waste? [?] XVII. MANDATORY FINDINGS OF SIGNIFICANCE (To be completed by City Staff) a) Does the project have the potential to [] [] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ~ b) Does the project have impacts that are [] [] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental [] [] effects which will cause substantial adverse effects on human beings, either directly or ! indirectly? D PREPARER'S AFFIDAVIT I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signature ~--~)~---- Print Preparer's Name ENVIRONMENTAL EVALUATION (To be Completed by City Star0 ( ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [] Aesthetics [] Agriculture Resources [] Air Quality [] Biological Resources [] Cultural Resources [] Geology/Soils [] Hazards & Hazardous [] Hydrology / Water [] Land Use / Planning Materials Quality [] Mineral Resources [] Noise [] Population / Housing [] Public Services [] Recreation [] Transportation/Traffic [] Utilities / Service [] Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: [] The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be: prepared. [] Although the proposed project cou!d have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] Th~ proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [] Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Staff Evalua~/¢ ~/ fiRC Chairperson Date / ! Date Urban Pockets I Annexation Estimates I0-20-97 Garden Ylonta Gate Vista Total Impact on City Revenues Utility tax - PG&E 10,714 61,027 Udlity tax - Phone Franchise Fee - Garbage Franchise Fee - Water 4,821 7,976 2,464 Rancho Rinconada 6,998 ' 43,315 3,149 . 19,492 5,210 32,248 1,449 8,966 5,832 36,096 630 3,780 28,280 169,680 21,308 127,851 27,462 45,435 12,879 50,856 Franckise Fee - PG&E 8,928 Franchise Fee - TCI 900 5,310 Motor Vehicle 40,400 238,360 Gas Tax SubVention 30,441 179,600 Property tax 15,700 8,856 Total Estimated Revenue $122,344 $81,713 Impact on City Expenditures Law Enforcement Code Enforcement (Officer and car) 63,559 10,000 44,492 7,000 266,949I · 375,000 42,0001 59,000 1,620 ~blic Works Street Trees 9,600 0 38,400I 48,000 0 15,000 Street Sweeping Leaf Pick up Storm 4,000 6,480 8,100 60,000 75,000 16,000I 20,000 Street Lights ~, 3,360 0 13,440 I 16,800 Ctrcbs, Gutters & Sidewalks 6;100 0 24,400 I 30,500 Street Maintenance 18,460 0 73,840 [ 92,300 Total Estimated Expenditures $131,699 $51,492 $541,509[ t s30,221 I $724,700 Net Cost Per Year -$9,3561 -$52,5871 -$31,7221 Per Santa Clara County Sheriff Department I I i Per Public Works Department. Monta Vista streets are already annexed to City so there is no new right-of-way costs. Urban Pockets i ! Annexation Estimates ~1. I~ ' 10-20-97 ] ! ,' Garden : Monta Rancho i Gate ', Vista Rinconada I Total Revenue Assumptions: 1. No new sales tax - purchase patterns i~ place , : 2. Number of Households ; 372i 243 ! 1504 3. Property Tax: i { ; Total assessed value [ 71,363,222! 40,252,8421 215,880,2981 x 1% tax rate ! 713,632! 402,528~ 2,158,803i x CupertLno's share ~ 2.2% ' $I5,700! $8,8561 $47,494[ Avg rate of $L200' PIti * 2.4% [ 10,7141 6,9981 43,315i 5. Utility Tax - Phone I [.! Avg rate of $540' HH * 2.4% ! 4,821 3,I49i 19,4921 6. Garbage Franchise: { One can rate of $14.89*12*H}I*12Vo $7,976[ $5,210~ $32,248 7. Water Franchise: [ Avg rate of $276 * 8%/mcr * 2%fee * HH i $1,4491 $8,966 Avg rate of $276 * 20%/,ncr * 2%fee * H3I $2,464 [ 8. PG&E Franchise: $8,928 Av~ rate of $1,200' PIPI * 2% $5,8321 $36,096 9.Motor Vehicle I $40.40/pop * popular/on projection $40,400 $28,2801 $I69,680 10.Population projection 1,000 7001 4,200 11.TCI Franchise 5%*60%*$30*pop $90C $630[ $3,780 I I cxcel~mnexation of urban pocketa CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7,1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on February 2, 2004. PROJECT DESCRIPTION AND LOCATION EA-2003-17 Application No.: Applicant: Location: SP-2001-05, Monta Vista 02-07 City of Cupertino Monta Vista DISCRETIONARY ACTION REQUEST The annexation to the City of Cupertino of 43.41 acres of unincorporated residential, commercial and industrial developed property generally bounded by Stevens Creek Boulevard, the Union Pacific Railroad tracks, Blackberry Farm and McClellan Road, commonly know as Monta Vista. Detachment of same territory within the Santa Clara County Lighting Service District. FINDINGS OF DECISIONMAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA200317 SHEET 2 TRACT NO. 651 KNOLL VISTA SUBDIVISION SHEET 1 82-M-5 SHEET INDEX ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 Exhibit: B CREEK NO. 2 SHEET 4 TRACT NO. STEVENS CREEK MAP NO. 5 7-M-14 & 42 11 P.b 10 13 STEVENS CREEK DIVISION NO. 1 -45 P-M-20 AVE. -M-46 9 LOMI NO. OLIVE AVE. 97 ",rAN SUBDIVISION 5-M-45 R.O,S. ALCAZAR AVE. NOONAN CT. 300 NO. 2 SHEET 7 1" = 400' PM 280-M-20 'SHEET 6 SHEET 5 I TRACT MONTA VISTA P-M-21 REVISED SEPT. 18, 2005 + + + + W W + + ~"~ANN/AF)~IANA + + + i,,~+ + + + + + + + + + + + + + 4- + + ~Lll+ . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++4- +++++ +++++4- +++4-++ ++4-++4-+ +++++++ "MANN/ADRIANA + 80-32" ++ +++ ++ "MANN 80-3" , 68-4" + + + + + + + + + L6 "PASADENA 70-2" ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 · .'.':.' ...'.v." -'""-'"McCLELLAN NO. l-A" '"'.'...v "RIFREDI 63-9"' "PASADENA ¢IMPERIAL/MONTA 80-35" 67-1" . .......... GRANADA AVE. SUREX -)))i "McCLELLAN NO. · SEE SHEET 8''''''''''''''''~''" 1" = 100' REVISED SEPT. 18, 200. SHEET 1 OF 14 ~,."~/.,'= ~X ~Xo~ '- * + + * * + * + + + * * * + * + * ~' ,~_0 .-'O~'o'LI~ + + +LI/ + + + + + + + + + + . + + + o~o o o_o~.o~o-ozo~o 'o~o"~ 'qxN% %%%% %'<.:.,.,~%-,%."L~ '~ ~ *- : - ~- ~- ? 1" = ~00' < - ~ o o <.-o o 'o'~o '~:~%%%.'%.~X%%%%%%%% ~ * * * + *<- + * + * * * I~1 ~'_ /_ ~2 '~ m 0 0 0 C' 'x~x~% ~ ~ A A m_ Z= A ~ A A A ~ + + + + , + __ CO = LEGEND: o 0 o ~, (3_0 o ,~,_0 0~¢. t~(-' ',-; ~; 0~0 0 0 <_, xxx. n~ ',aa ~', ~AA~z + ~ , · + = + ' + ' - ~ ~-r ILl DELINEATION LINE ~2 /~O~_',~O¢,O,~',~0¢, ),.0'¢7( %~.'~.a,,~z~d ~.~,~a~. + + ~ + t + + + + PROPOSED ANNEXATION %-- /E,O,Z,O¢O~O~O¢O~,)~t) (xNx"q.~a'.c,,~,~,~z~..~aa~-z + + + . + . . + + + LIMITS & CURRENT .....~/ //%*/ ./~/ ~. ~, ,~., ~, ,~ .~ , ._)O..~paaaa~a:)a~a~~t xxxx . ^ ~ ' I,I CUPERTINO CITY LIMITS ///;×/./b.q~<-~',z. 0 ,/?nO © ,> F; (.N~,~AAAA/: AAA&Aa, ....... -...,- LLI CITY LIMITS OF CUPERTINO /~/////~/~ ~ 357-11-002 xx-%x~-x, . .......... ~ + ~ + + + + + + + PER ANNEXATION "BYRNE ¢i/~./~¢¢~'--'4 LOT 51 TR 150 ~N.~ ^ ,~ ¢, .', ~, .... *,', ¢, ¢. ', + + * L15 + + + + + + + AVENUE 78-2",',',',' , AVE CITY LIMITS OF CUPERTINO PER ANNEXATION "STEVENS , CREEK 78-17" SEE SHEET 3 CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE 79_9,, CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE LEi~ AVENUE 01-05" CITY LIMITS OF CUPERTINO <<:l~ PER ANNEXATION "BYRNE AVENUE 95-04" <ILl CITY LIMITS OF CUPERTINO Z PER ANNEXATION "BYRNE .[~:Z~'< AVENUE 82-04-" ~-~ CITY LIMITS OF CUPERTINO PER ANNEXATION ,~/ "BLACKBERRY 91-0" REVISED SEPT. 18, 2003 SHEET 2 OF "BLACKBERRY 91-0"m PROPOSED ANNEXATION-' 1.153 AC. (4.9,34-5 SQ. FT. ,"SAN FERNANDO 98-13" "SAN FERNANDO COURT 198-02" PROPOSED ANN '0.4-33 AC (18,861 SQ. Fi'. '-,"SAN FERNANDO AVE. 557-12-061 DOC #16284084 357-12-008 DOC #16304183 357-12-007 DOC 557-12-004 DOC #11224013 01-07" 357-12-016 357-12-025 357-12-024 557-12-022 "SAN FERNAND~ AVENUE 95-01 357--12-020 357-12-019 557-12-018 "SAN CT. 91-2" "SAN FERNANDO COURT 98-15" "BLACKBERRY 91-0"% 357-12-017 L ' ,-,LL,LLL ANNEXATION LLJ LL0.324 AC. (14,100 SQ. FT.)L,.L -- ~ McCLELLAN 87-04- 'L-L L_L_ LL LLLLLL -LLLLLLLLi :"D'AMICO 72-6~ 357--12-026 357--12-027 "BYRNE ~\ --.~ 98-12" A\ 99-10 AVE 89-02" E 00-06" ~AVENUE AVE/ 357-12-035 357-12-036 DOC # 357-12-057 DOC #15935841 357-12-058 DOC #16104670 357-12-059 DOC #9814480 -"BYRNE AVE.. 98-10" 357-12-041 DOC ~ SHEET 5 :)SED ANNEXATION 0.74-4 AC. (32,387 SQ. FT.) 1" = 100' ALCAZAR AVE. ANNEXATION 0.165 AC. (7,195 SQ. FT.) ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 AVENUE% IE AVENUE~ ANNEXATION 1.196 AC. (52,094- SQ. FT.) AVE. LEGEND: DELINEATION LINE PROPOSED ANNEXATION LIMITS & CURRENT CUPERTINO CITY LIMITS ANNEXA~ON 1.135 AC. (49,430 SQ. FT.) SEE SHEET 5 "HOWELl 76-9" w w w REVISED 18, 200Z SHEET 4 OF 14 LAVENUE :96-02" "DOLORES . . AVENUE 02-04" "BYRNE SEE SHEET 5 v'"BYRNE7wv vvvvv v v9~ v v v v v v v v 357-14-033 -14-072 OC AVENUE DOLOI + + + + + ++ + + + + ++ + + + + + 4- + "ALCAZAR AVENUE 89-07" EALCAZAR AVE. 357-14-034 (685-M-8 PROPOSED ANNEXATION 0.463 AC. (20,180 SQ. FT. "ALCAZAR AVENUE ~ 86-01" PROPOSED ANNEXATION 0.345 AC. (15,010 FT.) "ALCAZAR AVE. '00-08" ~ "ALCAZAR ~97-10" "DOLORES AVENUE 96-03" -40.00' "DOLORES AVENUE 88-1s"-AVE 357-14-047 AVENUE .357-14-011 357-14-009 --"ALCAZAR AVE. 98-04" PROPOSED ANNEXATION 1.081 AC. (47,089 SQ. FT.) "ORANGE AVENUE "ALCAZAR AVENUE ~ 80-49" "ORANGE AVENU ~ 89-06" "DOLORES 94-06"- :McCLELLAN ROAD- [] [] [] "FUCHS 76-4"o [] OOOOOO0000000 OOOOOOOO00000 O00000OO0000O 357-14-01,3 DOC #13615556 PCL A 428-M-: "ORANGE ~ ~ 357-14-010 357-14-008 357-14-005 ~- ~- '~- 80-37" "HOWELL ................................. {{'}}}}}}}}}}}}}}}}}}}] }}}}}}!' '{"~ PROPOSED ' ~,N'NEXATiON .... :-i':'i-i'i'i'i'i i ]'i-i-i':-i-i ]-i i :i i-:':' 6-01 v.v.v'. .... ~.-+m ~.. ~.o~ o,~/ ~1. r ~.) .... .-.. .v.- .' ...- v '". ............... .v.v.v.v.v.'. '.....'v.-', ........... .v.v... AR A 357-19-009 ~ 73-8" ~ .v 00-10" ~:::}}} .'.'.'..'..' .'..' '..'..v .v.-. ..... L5 2 ............. McCLELLAN NO. 1-A''.'v -'-' .' :i::i iOiONAN CT. 1" = 100' LEGEND: DELINEATION LINE PROPOSED ANNEXATION LIMITS &: CURRENT CUPERTINO CITY LIMITS ANNEXATION TO THE CITY OF CUPERTINO MONTA VIS. FA -02-07 REVISED SEPT. 18, 2003 SHEET 6 OF 14- ~. .-', ~ ~ ~*_ ~, <'> q~ ~'.%' /% (]~m~, ' ~ -~--%L'. L , , ~ .-- 357--12--058 ~ ~ ~ .~ ' ' ,,, <~ x~/*'"~-~/% ~7 O %/~V~ .~ 4> ..~2¢%[ ~m,~LL_i ~, ¢ ~.~mm~L ,"tYR~E AVENUE~ 357-14-011 557-14-009 ; ~. , ,~ ~DOLORES% '~ ~ A <~ ~ ~-O ~ ~ ~ m -~'. _~: ,, ,, m~-, -~,' ' ,' '. DOC ~98~4480 ~x-~,,~ ~ : ,, ', ~;~% __ ~' . "' /x ~ "P/AE~PFPBV a~ n"m (~ %/ ~' ~w ~ .... L_~¢ , McCLELLAN 87-04 M~ ........ ~ ~ -- */ / ~_ BYRNE AVE.~ L~, . ~ ,, . -~ DOC ¢13615556 ~/' v ~ ~ ~ ¥ ~ ~ ,' '~ ~~ ' , , , ,~-.~. ; , ., % 98-10 l: ( ¢ - -~ : o > ~ 'v__ A ~ (> ~ %/. ~A ~ 4> *~/ Xe, ,~¢ ~' ' ' ; ~' . ' I ' {(--~ '-~% %- I 357--14--010 I 357--14--008 ' 357--14--005 ~428 M 3 ~,/,~ Y ' Z ' ~.,,7~ ' ~/'~ , / -/ ~ ////////////////,.~x '/ ~ ~' ' ' ~ ~ ~ ~,?.~>~ ,~ ~ T~ ~" ' ,,~ .'~5 <~ ~ ~ ~, x x, '~' ;~, x ~. ~ >, ?' x x ~¢.,~ ~%~J,.~,?~?..¢~z,.¢~¢~z¢ ¢,¢~,~ ¢"'- ........ /.McCLELLAN ROAD1 ..... .... '///YxY/x'//,~x ~/. ¢,/27 x~y//~</~ '//~?,<(4//x/~./..~//~ ?>' .%.;,x,o~,.//.~ ~; ~////////D~ 4~?~F~Z/ZP ~/2Xk~P~?/~'~' R-m O0"~]~Z//~ "+" . ..~..' "~ '.'"'.': :'~."~'~'PRopOsED A~N~XA~O~ .... ~~ ~~ ~~-~u~, ~/~ ? ? ? '. 1.415 AC. (6%647 SQ. .~7~/~Z~ ;~2~X~ ¢~/~ ..:~;..~.~.~'~%~ ¢~.~..z , , , "."."' .'.' "." ..... ~ BYRNE AVENUE..--.'" '...'..v '. .--~. ~..~..,~,~/~.~ , ................ , ~/..'~' 5~6-o8-o~ ' ' ' ' . '' .''"' '. .... . '. '('~''~ ;'' .'::.' //,~//~ Y/Ix'/~'/7~,;~(//' . ,,' o .' ,' .' ' ~' '-/x CX4fXe~/.~'/~>2 ¢ ':¢2 ' ' ~' x: % PRoPosED ANNEXA~ON .... ."' '. · v ....... .. /.//~ ,~,9',',¢,(/~/~67q , ', ~..-, r. ;, ~. ~ -~--..[i [[ 1.135 AC. (49,430 sq. FT.) · ,."//////////// ///.?//////~'//7 ,: / '; ' <' , /,; ~ :' ~ ' '~//'/7//~9'/; ~/~'~4" ¢-' / '~' '~ z,. 1, .-' 1; '. / , ~./..// .. ,./ Xx~, // ~ ' x ,,/ ~ ' ~.- ,-. ',.~ , LEOEND: [ "'- DEUNEAT~ON UNE ANNEXATION TO THE ~"= ~oo' CITY OF CUPERTINO PROPOSEB ANNEXATION UMITS e MONTA VISTA -02-07 CURRENT CUPERTINO CITY LIMITS REVISED SEPT. 18, 2003 SHEET 5 OF 14 SAN "ORANGE AVENUE "SAN FERNANDO AVE "ORANGE ~ 92-01" FERNANDO AVE. "ORANGE AVENUE I~ ~, l, ~'1, 90-08" "ALCAZAR AVENUE ~ 80-49" PROPOSED ANNEXATION 5.896 AC. (256,835 SQ. FT.) SEE OLIVE AVE. ABANDONED SHEET 8 "ALMADEN 357-19-054 .357--19-052 357-19-030 557-19-029 357--19-028 357-19-027 357-19-026 357-19-025 .357-19-024 357-19-023 "ALCAZAR AVENUE ~;:7~88-04" AVE" 357-19-083 "OLIVE AVENUE 80-47" × T~ AR ALCAZAR AVENUE 86-01" ~ 557-19-045 DOC #15455512 357-19-044 DOC #14608501 557-19-045 DOC #10201905 357-19-116 DOC #13126701 357-19-085 .'.'.' -.- DOC #15689369 357-19-053 357-19-052 357-19-050 DOC #16245520 ANNEXATION 0.2,32 AC. (10,125 SQ. FT.) "IMPERIAL AVENUE 89-o9" t ~ "IMPERIAL AVENUE -1" ~ ANNEXATION 0.309 AC. (15,500 SQ. FT.) 1" = 100' ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 "IMPERIAL AVENUE 98-08" ~ -~-,,-.L_~ ' , PROPOSED ANNEXATION .357-19-04-6 RIAL AVENUE· ...'."'.. 0.2,:32 AC. (10,125 SQ. FT.) DOC #12719849 _i ...... m 557-19-115 .... VE. :" v }}..}: }.-....}L58 .........:-....: :.:.:...:.-:.....'-.: ': :--:. {. ~"McCLELLAN'~' NO. l-A" LEGEMD: DELINEATION LINE PROPOSED ANNEXATION LIMITS &: REVISED SEPT. 18, 200,3 SEE SHEET CURRENT CUPERTINO CITY LIMITS SHEET 7 OF 14- 1" = 100' '"ORANGE AVE. 90-02", ;"LOMITA 94-09" 357-18-002 357-18-032 357-18-031 357-18-023 357-18-024 357-18-025 PROPO.. ,:3.757 "LOMITA AVE. 97-15" "LOMITA 84-2" % "OLIVE AVENUE ~ 90-05"- 72-4" 357-18-022 557-18-021 ED ANNE <ATION (165, 57 SQ. FT.) 7 7 7 "OLIVE ~ 93-02" 89-08" + + 357-18-006 557-18-007 557-18-008 357-18-009 "IMPERIAL AVENUE 85-02" .Fl/./ ~,SUREX ::SEE SHEET ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 LEGEND: DELINEATION LINE PROPOSED ANNEXATION LIMITS &: CURRENT CUPERTINO CITY LIMITS p'ERiAL 80_24'/i :"WRIGHT 74-6" ' .......... 76-2%L OSED ANNEXATION 0.294. AC. (12,825 SQ. FT.) ::.:-SEE SHEET 7 REVISED SEPT. 18, 2003 SHEET 8 OF 14 o w w I (/~ w w 03 LD GRANADA AVE.:-'. 557-17-045 557-17-04-6 0.821 ANNEXATION AC. (35,750 SQ. FT.) 1" = 100' LOMITA AVE. LEGEND: DELINEATION LINE PROPOSED ANNEXATION LIMITS &: CURRENT CUPERTINO CITY LIMITS CITY LIMITS OF CUPERTINO PER ANNEXATION "GRANADA 75-4" CITY LIMITS OF CUPER~NO PER ANNEXATION "PASADENA 70-2" CITY LIMITS OF CUPERTINO PER ANNEXATION "PASADENA AVENUE 99-01" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 90-02" ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 REVISED SEPT. 18, 2003 SHEET 9 OF 14- 0 SEE PROPOSED SHEET 2 PROPOSED ANNEXA~ON 0.123 AC (5,565 SQ. FT.) GRANADA SEE SHEET 1 1" = 100' ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 SEE SHEET 11 LEGEND: PROPOSED ANNEXATION CURRENT CUPERTINO CITY CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA AVENUE 88-12" CITY LIMITS OF CUPERTINO-_~_ PER ANNEXATION "LOMITA AVENUE 90-07" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 02-01" CITY LIMITS OF CUPERTINO ~1 PER ANNEXATION "GRANADA AVENUE 95-05" AVE. i i 357-16-057 ' ~ 357-16-058 ITS & 557-16-061 _IMITS ~)¢~"~ ~ ~OPOSED ANNEXA~ON~ ..-~. AC (49,045 SQ. ~.) ~ ~ z 1.126 CITY LIMITS OF CUPERTINO 75-3" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAKAE 76-5" CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA 80-4" CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA AVENUE 97-07" + + + + + + + CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 82-04" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE 79-9" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 97-03" CITY LIMITS OF CUPERTINO PER ANNEXATION "GRANADA AVENUE 89-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "GRANADA AVENUE 89-05" ......... .:....:...... :. CITY LIMITS OF CUPERTINO ::::::::::::::::::::::::::::::::: PER ANNEXATION "BYRNE ............. AVENUE 90-01" F.,/,'x., CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA AVENUE 88-09" PER ANNEXATION "HERMOSA 71-15" ...... CITY LIMITS OF CUPERTINO .... PER ANNEXATION "GRANADA 89-03" CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA AVENUE 87-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA 71-12" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 97-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE 68-4" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 90-02" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 00- 04" REVISED SEPT. 18, 2003 SHEET 10 OF 14 Ld SEE SHEET 10 H 357-16- 357-16- 046 047 357-16-051 357-16-072 0 357-16-070 PROP 357-15-101 357-15-002 357-15-080 357-15-079 357-15-023 ALMADEN AVE. SEE SHEET 12 ITA AVE. 7 LEGEND: 1" = 100' ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 PROPOSED ANNEXATION LIMITS &: CURRENT CUPERTINO CITY LIMITS CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 90-01" CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA AVENUE 88-09" CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA 94-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA AVENUE 92-06" CITY LIMITS OF CUPERTINO PER ANNEXATION "HERMOSA 71-12" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAKAE 76-5' CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA 80-4" CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA AVENUE 97-07" CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA AVENUE 97-16" CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA AVENUE 98-06" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN AVENUE 97-01" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN AVENUE 99-04-" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN AVENUE 84-5" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 84-1" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 82-04" REVISED SEPT. 18, 200,3 SHEET 11 OF 14- 1" = 100' W W I W W ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 LOMITA AVE. PROPOSED 0.445 AC (19,371 SQ. FT.) SEE SHEET 11 PROPOSED ANNEXATION 0.228 AC, (9,936 SQ, FT,' PROPOSED 0.128 AC. SQ. PROPOSED ANNEXATION 0.162 AC. (7,062 SQ. FT.) I PROPOSED ANNEXATION 0.105 AC. (4,555 SQ. FT.) PROPOSED ION AC. (15,650 FT.) 357-15-030 ADEN AX 357-15-055 357-15-078 357-15-077 357-15-049 0.456 SAN FERNANDO AVE. SEE SHEET 15 t: } CITY LIMITS OF CUPERTINO IzvWWWW~I CITY LIMITS OF CUPERTINO,,ALMADEN i PER ANNEXATION "LOM~TA v v ~ ~ 7 PER ANNEXATION AVENUE 97-07" AVENUE 95-06" F/~//////~ CITY LIMITS OF CUPERTINO ~L/XvXX/x,/~~ CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN PER ANNEXATION "LOMITA 84-5" AVENUE 97-16" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN 80-13" t~ + + I CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA AVENUE 96-14" LEGEND: PROPOSED ANNEXATION LIMITS &: CURRENT CUPERTINO CITY LIMITS CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO 00-09" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 88-03" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN AVENUE 92-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN AVENUE 96-15" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN AVENUE 99-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 92-02" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALMADEN 89--11" CITY LIMITS OF CUPERTINO PER ANNEXATION "LOMITA AVENUE 90-07" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 90-02" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO 88-07" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 00-05" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 8,1-04" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 97-15" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 84-1" REVISED SEPT. 18, 2005 SHEET 12 OF 14 LLJ Ld Ld ;AN FERNANDO 557-15-076 557-15-075 Z SEE SHEET 12 357-15-054 357--15-055 357-15-056 4.300 (187,316 FT.) LEGEND: _CAZ: SEE SHEET 6 357-15-057 557-15-058 357-15-064 AVE 357-15-110 DOC 357-15-061 Doc ~ 557-15-062 557-15-063 1" = 100' ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 + + + CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 84-1" CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO 88-07" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 98-12" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 01-08" PROPOSED ANNEXATION LIMITS &: CURRENT CUPERTINO CITY LIMITS CITY LIMITS OF CUPERTINO PER ANNEXATION "SAN FERNANDO AVENUE 81-04" CITY LIMITS OF CUPERTINO PER ANNEXATION "BYRNE AVENUE 99-09" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALCAZAR AVENUE 89-07" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALCAZAR AVENUE 81-01" CITY LIMITS OF CUPERTINO PER ANNEXATION "ALCAZAR AVENUE 80-49" CITY LIMITS OF CUPERTINO PER ANNEXATION "ORANGE AVENUE 90-08" REVISED SEPT. 18, 200,3 SHEET 1,3 OF 14 LINE TABLE LINE BEARING LENGTH L1 N20'30'O9"W 4-5.34 L2 Ngo"oo'oo"w 201.70 L5 NgO°OO'OO"W 125.00 L4 Ngo'oo'oo"w 93.82 L5 NOO'OO'OO"W 29.95 L6 : N90'OO'OO"W 35.00 L7 SO0'O0'O0"W 30.00 L8 Ngo'oo'oo"w 296.75 Lg SO0"O0'O0"W 50.00 LIO SO0"O0'O0"W 298.12 L11 N90"OO'OO"W 205.30 L12 NOO'OO'OO"W 198.12 L15 Ngo"oo'oo"w 100.12 L14 SO0'O0'O0"W 198.12 L15 N90'OO'OO"W 500.4-5 L16 NOO'OO'OO"W 528.15 L17 N90'OO'OO"W 220.00 L18 N90'OO'OO"W 20.00 L19 SO0'O0'O0"W 290.00 L20 Ngo'oo'oo"w 305.33 L21 S03"05'00"E 101.84- L22 S06'43'30"W 126.05 L23 S15'04'00"E 95.58 L24 S01 '41 '50"E 92.22 L25 S06' 15'00"E 48.91 L26 S28'53'00"E 140.96 L27 S04'26'50"E 159.81 L28 SO3" 16'50"W 109.72 L29 S08'29'30"E 101.39 L30 S46'15'30"E 4-7.28 L31 SO0'O0'O0"W 462.56 L32 S57'30'00"W 165.98 L33 SO0'O0'O0"W 30.00 L54 S69' 11 '50"W 124..90 L35 S85'09'00"W 239.08 L56 S42'55'00"W 158.86 L57 S56"4.2'00"E 4-7.56 L58 S55°31 'O0"E 95.06 L59 S50"31 'O0"E 79.4-5 L40 S4.5'55'00"E 189.70 LINE TABLE LINE BEARING LENGTH L4.1 S12'O0'O0"E 61.54 L4-2 S24-'04'30"E 92.58 L43 S12'51'30"W 172.55 L44- N90"OO'OO"E 551.57 L45 SO0'O0'O0"E 40.00 L46 SO0'O0'O0"E 205.24 L4.7 N90'OO'OO"E 164.00 L48 NOO'OO'OO"E 24-0.24 L49 N90"OO'OO"E 861.62 LSO NOO'OO'OO"E 50.00 L51 NOO'OO'OO"E 539.90 L52 N90'OO'OO"E 150.00 L53 NOO'OO'OO"E 50.00 L54 N90'OO'OO"E 168.25 L55 NOO'OO'OO"E 100.00 L56 Ngo'oo'oo"E 161.87 L57 NOO'OO'OO"E 170.50 L58 Ngo"oo'oo"E 550.00 L59 NOO'OO'OO"E 1,782.75 L60 N20'50'og"w 159.15 ANNEXATION TO THE CITY OF CUPERTINO MONTA VISTA -02-07 REVISED SEPT. 18, 2002 SHEET 14 OF 14 PROPOSED ANNEXATION x. x'," '"'","; 0.405 AC (17,626 SQ. FT.) ?~ ~. / i ~ ~ + -- ._ ,-, c,, ,,o ,.. ,.,:, =o~o "':.-,~ .... ,.L'~ -'x.,' /'.'.'.'.'.'.'.'.'~, r~. ~ t'..- r'-- / ,~,, ,,._ i i i i L.r ) U) + + tD XMM'~ LO LO ~ LO ~",--,'~,~--./ ! I I ~ ~ + + ~ 1~ ~'3 , ,, __ ~ ~ , '~2'~,'w~'>~ ~ - ~ ~ '~/ '~ I + + ~o~ ) CLd '~.x~'~d'~ / ~.'--~ ,~', I i ii ~ i I+ + : la~ ---- ~. L~ ~ u - 7'> ' I I AC (52,006 SQ. FT.) .. J 0.5.37 AC (2.3,.395 SO FT.)-" %}' ,/"<..,'; ...- ::{ _/ 1" = 100' (..) -]- LLI' <::[, LEGEND: '~ ~ ¢ '~ = =: CITY LIMITS OF CUPERTINO CITY LIMITS OF CUPERTINO DEUNEATION L, NE ~.~A~._~.~i PER ANNEXAT, ON "BYRNE ..,'~%.,'.%7 PER ANNEXATION 79-9" ,' " "BLACKBERRY 91-0" Z. PROPOSED ANNEXATION L ...... I CITY LIMITS OF CUPERTINO ~ CITY LIMITS OF CUPERTINO LIMITS & CURRENT I ___I PER ANNEXATION "BYRNE~ PER ANNEXATION "SAN CUPERTINO CITY LIMITS ,-- AVENUE 01-05" (_.~' ' FERNANDO AVENUE 84-1" ANNEXATION TO THE CITY LIMITS OF CUPERTINO + + + + CITY LIMITS OF CUPERTINO~ CITY LIMITS OF CUPERTINO + + + PER ANNEXATION "BYRNE --}-~'-', ? CITY OF CUPERTINO PER ANNEXATION "BYRNE + + + + PER ANNEXATION "BYRNE AVENUE 78-2" AVENUE 95-04"% /'~' ~-~ AVENUE 97-o6" MONTA VISTA -02-07 ._.....x, C,T¥ '""'TS 0.' C U,:.,.T,,.,O C,T¥ ,..,,.,T. C'T¥ .,,,.,.'S 0.-CU,:,.',.O ,:,ER ANNEXAT, ON "STevENS PER ANNEXATION "BYRNE PER A,,,NEXAT,ON "~'YRNE ,E~T. ',,~. ~00..* CREEK 78-17" AVENUE 82-04" AVENUE 94-01" SHEET 3 OF l Z CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS Summary AGENDA DATE February 17~ 2004 SUBJECT AND ISSUE Recommend the allocation of up to $350,000 in end of project contingency funds for upgrades and add-backs to the project scope of the Library/Civic Center Project. Report on Library Furniture, Fixtures and Equipment (FF&E) funding and allocation of funds in the amount of $439,248 for the Book Stack Shelving Contract and in the mount of $150,000 for Amendment #4 to the SMWM Design Agreement for a total allocation of Funds of $589,248. BACKGROUND The Council received the attached report on January 20, 2004 regarding the funding for FF&E for the Cupertino Library project. In addition staff recommended the allocation of $350,000 in end of project contingency funds for upgrades and add-backs to the Civic Center/Library Project. The Council, upon staff's suggestion deferred consideration of the matter to February 17, 2004 to coincide with a report on the bids and contract award for the Book Stack Shelving contract and to further identify a source of funding for the contract. This report responds to that request. End-of-Proiect Contingency and "add-backs" to the Proiect Scope As noted in previous reports, in order to ensure that the construction bids received for the Library and Civic Center project would be within the adopted budget, a number of items were removed or downgraded in the project during the value-engineering phase. On August 4, 2003 the Council approved the top five add-backs in the total amount of $705,000, therefore leaving a balance for the end-of-project contingency of $850,000. On November 17, 2003, the Council authorized the amount of $25,000 from the end-of project contingency to develop the final bidding documents for the shelving, leaving a current balance of $825,000. Printed on Recycled Paper As discussed with Council on several prior occasions, staff continues to recommend that the three "add-back" items (in the amount of $350,000) not approved at the August 4, 2003 meeting be funded and added to the project at this time. These include upgrades to the Community Hall FF&E ($85,000), Plaza Stone Paving Upgrade ($215,000), and the memorial Redwood Grove Improvements ($50,000). In funding all these important upgrades, the balance in the end of project contingency would be reduced to $475,000. A summary of these transactions and recommendations is provided below. Item Amount Funding Available 8-04-03 $1,555,000 Add-backs approved 8-04-03 (705,000) Bid Package Design allocated 11-17-03 (25,000) Recommended Additional Add-backs 2-17-04 (350,000) Proposed Balance $ 475,000 Staff is recommending that the Council approve these final add-backs to the project at this time so that the additional design and construction activities and acquisition of materials can proceed on a schedule that assures their inclusion prior to the completion of the project in October 2004 Funding for the Award of the Book Stack Shelving Contract and FF&E Design Agreement with SMWM Architects. As noted in the earlier report the contract for the Book Stack Shelving materials was bid during the month of January with a bid opening scheduled for January 22, 2004. The bids were received on that date and the lowest responsive and responsible bid is in the amount of $439,248. The project estimate for this work was $550,000. On a separate item on today's agenda, staff is recommending award of that bid and funding in that amount is now required. In addition, staff has successfully negotiated a contract amendment for FF&E design services with the project architects SMWM. The budget estimate for this work was $125,000 and the negotiated amendment is in that amount. Also, staff is proposing including an allowance of $25,000 for additional services that may be required on a case- by-case basis for a total contract amount of up to $150,000. These additional services, as with other agreements are at the City's option upon approval by the Director of public Works. As with the Shelving contract, on a separate item on today's agenda, staff is recommending approval of the Amendment and that funding is also required at this time. Library FF&E Fundraising Campaign ("Campaign") The Campaign has established a fund raising goal of $1,500,000 for the entire Library FF&E, including the cost of the campaign and the design and installation of appropriate donor plaques. If that goal is realized the FF&E costs will be fully funded. Currently, as noted above, funds in the amount of $589,248 are required to award the shelving contract and the design services contract amendment. Although the Campaign has, in recent weeks, been aggressively pursuing and acquiring funding towards its goal, as of the date of this report it is uncertain as to whether sufficient cash on hand has been received to fund the $589,248 as requimdi On February 17, 2004, the date of the Council action on the above items, funding for all or whatever portion of funding (if any) remains necessary after the campaign funds are applied will need to be advanced from existing City funds. The current proposal as discussed by the Council and staff is to advance the money from the General Fund Economic Uncertainty Reserve to be repaid annually beginning in FY 2004-2005 by eliminating the City funding of extra library operating hours in the amount of $130,000 annually. Staffwill provide Council with a supplemental report with specific amounts of funding required from each source at the Council meeting once the final accounting of cash in hand donations has been completed by the Campaign. Schedule of Design, Fabrication and Delivery of remaining items of F&E The balance of the original FF&E scope including the interior fumiskings for the Library public areas and lobbies estimate purchase will need to be made during the March and April time period, the estimated cost of which remains at approximately $750,000. In addition, it is estimated that the Campaign will need to provide additional funding (over and above the $750,000) of approximately $100,000 for design, fabrication and installation of the various donor plaques in the facility. Conclusions and Recommendations As noted previously, to fund any shortfall in FF&E costs not provided by the Campaign, the most readily available source over which the City Council has complete control is to eliminate the extra library hours, advance the money for the FF&E form the General Fund Economic Uncertainty Reserve and pay off the debt annually with the savings from the extra library hours. Since staff cannot, in good faith, recommend that the Council spend any project or other City budgeted funds for the FF&E, staff would recommend Council approval of this option, if required. 10o,-3 Staff will provide a supplemental report at the COuncil meeting on February 17, 2004 defining specific recommendations to allocate funds from specified sources in the exact amounts necessary for the approval of the Shelving Contract award and the SMWM Agreement Amendment. FISCAL IMPACT The allocation of $350,000 for the Library/Civic Center project "add-backs" from the end of project contingency would leave an uncommitted balance of $475,000 in that fund. The fiscal impact of the award of the shelving contract and the approval of the design agreement amendment will be detailed in the supplemental report to the Council at the February 17, 2004 meeting. STAFF RECOMMENDATION Approve the allocation of $350,000 from the end-of-project contingency for the three additional add-backs to the project leaving an uncommitted balance of $475,000 in the end-of-project contingency. Approve the allocation of $589,248 from sources to be determined from the proceeds of the Library FF&E Fundraising Campaign and/or, if necessary, advanced from the General Fund Economic Uncertainty Reserve. Submitted by: Ralph A. Qualls, Jr. Director of Public Works ved fi ubmission: 15~vic~ W. Knapp City Manager CUPEI INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 AGENDA ITEM Summary DEPARTMENT OF PUBLIC WORKS AGENDA DATE February 17, 2004 SUBJECT AND ISSUE Consider bid protest, review bids, waive minor irregularities in the bid documents, and award the Civic Center & Library Project - Book Stack Shelving Contract, Project No. 2003-05 to the Ross McDonald Company, Inc., the lowest responsive responsible bidder, with the base bid amount of $418,440 plus Alternate No. 1 in the amount of $20,808 for a total of $439,248. BACKGROUND On December 31, 2003 the City advertised for bids for the Civic Center & Library Project Book Stack Shelving. The scope of work included the installation of pre-fabricated metal shelving and the fabrication and installation of wood end panels with attached signage placards. The Contract Documents and Specifications were prepared by SMWM, the architects of the Civic Center Project, and approved by the City and County Library staff. An add alternate was included in the bid to install new book stack shelving in the library staff area in lieu of installing owner provided shelving. On January 22, 2004, three bids received by the Clerk's Office, were opened and publicly read, as summarized below: Bidder Base Bid Ross McDonald Company Hopley Company Engineer's Estimate T. E. Schmidt & Sons, Inc. $418,440 $445,500 $550,000 $918,654 The apparent low bidder, using the base bid in accordance with the instructions to bidders, was determined by staff to be Ross McDonald and the other two bidders were informed of that decision before leaving the bid opening. ANALYSIS Public Works has reviewed the bids and determined the low bidder to be responsive and responsible, in accordance with the Contract Documents and the public contract code. Pnnted on Recycled Paper ] O~-- I Bid Protest Following the determination of the low bidder, the apparent high bidder, T. E. Schmidt & Sons, Inc., has filed a written protest of the determination of the responsive low bid. A series of letters describing the basis for Schrnidt's protest are attached for reference. The responding letters from staff on each of the protest points made by T. E. Schmidt & Sons, are also attached for reference. Staff in consultation with the City Attomey's office and the City's consulting Contracts Attorney, Stephen Cali, of Wulfsberg Reese Colvig and Firstman, is satisfied that the protest has no merit and has so advised T. E. Schmidt & Sons. A summary of the points raised in protest and the basis for the City's rejection of each protest point is as follows: Summary of Protest Items and City Responses 1) Ross McDonald did not list the Worden Company as a "Listed Subcontractor" as required by Public Contract Code. City Response: The Worden Company is not a sub contractor, as defined by public contract code and does not have to be listed. 2) The fabricator of the wood end panels must be a Woodwork Institute (formerly WIC) member and since the Worden Company is not a member of the Woodwork Institute, Ross McDonald should be found to be Non-Responsive. City Response: The Worden Company will become a member of the Woodwork Institute and obtain the necessary fabrication Certifications of Compliance to meet the Specifications. 3) The installer of the wood end panels must be a Woodwork Institute (formerly WIC) member and since the Ross McDonald Company is not a member of that institute, they should be found Non-Responsive. City Response: The Ross McDonald Company does not have to be a member of the Woodwork Institute to obtain the necessary installation Certifications of Compliance to meet the Specifications. Ross McDonald will obtain the certifications required in the Specifications. 4) Veneer backs and end panels may not have been required on shelves placed against drywall. City Response: Veneer backs and end panels are required on shelves placed against drywall, as stated and shown in the Bid Documents. 5) It is required that the wood products proposed by the Worden Company meet the standards of the Forest Stewardship Cotmcil by coming from "well managed" forests. City Response: The Worden Company wood products will be from "well managed" forests identified by the Forest Stewardship Council. Bill Schmidt, President of T. E. Schmidt & Sons, Inc., has not agreed with the City's findings and has not yet agreed to drop his protest. He has, therefore, been advised, by letter, that he may attend the Council meeting on February 17, 2004 to formally raise his protest points at that time. FISCAL IMPACT This action would require either an allocation of the proceeds from the Library FF&E Fundraising Campaign and/or an advance from the General Fund Economic Uncertainty Reserve, as may be determined from another earlier item on the Agenda, in the mount of $439,248. STAFF RECOMMENDATION It is recommended the City Council consider the bid protest, review bids, waive minor irregularities in the bid documents, and award the Civic Center & Library Project - Book Stack Shelving Contract, Project No. 2003-05, and Alternate No. 1, to the Ross McDonald Company, Inc., the lowest responsive responsible bidder, with the base bid amount of $418,440 plus the Alternate No. 1 amount of $20,808 for a total of $439,248. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager CUPER TINO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 AGENDA ITEM Summary DEPARTMENT OF PUBLIC WORKS AGENDA DATE February 17, 2004 SUBJECT AND ISSUE Review and adopt Resolution No.aq-,~ [~ authorizing the City Manager to Negotiate and Execute Amendment No. 4 to the Design Agreement with SMWM Architects for Library FF&E design services in the amount of $125,000, and authorize the Director of Public Works to approve up to $25,000 of additional services for a total authorization of $150,000. BACKGROUND On June 21, 2001, Council approved an Agreement with SMWM for professional design services for the Cupertino Library in the amount of $2,304,000. On March 5, 2002, Council approved Amendment No.1 with SMWM for expanded professional services for the Cupertino Civic Center, Library and Civic Plaza bringing the total contract amount to $2,504,000. On June 16, 2003, Council approved Amendment No. 2 with SMWM for Construction Administration Services bringing the total contract amount to $3,227,000. On December 15, 2003, Council approved Amendment No. 3 with SMWM for design upgrades following a significant savings in bids, bringing the contract amount to $3,469,000. ANALYSIS The Library Foundation, in pursuit of its commitment to raise $1,500,000 in funds for the Library furniture, fixtures and equipment, has included in its goal the necessary design services of SMWM for the design and specification of all the FF&E in the public spaces and has further agreed to advance funds to the City for those design services from the fund raising effort. As with the other components of the design of the project, the City will manage the design professionals through the existing contractual relationship in the form of an amendment. Proposed Amendment No. 4, will authorize SMWM to identify specific types of furniture, materials, fabrics, features, and develop bid packages for fabrication, delivery and installation, in accordance with the needs of the Library staff. This effort is above and beyond the work that SMWM provided in the selection of the Book Stack Shelving, which was previously authorized. A large proportion of the book stacks on the second level have integral lighting attached to them and their layout and subsequent bid documents were accomplished as part of the building design. FISCAL IMPACT This action would require either an allocation of the proceeds from the Library FF&E Fundraising Campaign and/or an advance from the General Fund Economic Uncertainty Reserve, as may have been approved by another item on today's Council Agenda, in the amount o£ $150,000. STAFF RECOMMENDATION Staff recommends the City Council authorize the City Manager to Negotiate and Execute Amendment No. 4 to the Design Agreement with SMWM Amhitects for Library FF&E design services in the amount of $125,000, and authorize the Director of Public Works to approve up to $25,000 of additional services for a total authorization of $150,000. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager RESOLUTION NO. 04-268 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT NO. 4 TO THE DESIGN AGREEMENT WITH SMWM ARCHITECTS FOR LIBRARY FF&E DESIGN SERVICES 1N THE AMOUNT OF $125,000, AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE UP TO $25,000 OF ADDITIONAL SERVICES FOR A TOTAL AUTHORIZATION OF $150,000 WHEREAS, on June 12, 2001, the City entered into an Agreement with Simon Martin- Vegue Winkelstein Moils (SMWM) for professional design services for the Cupertino Library in the amount of $2,304,000; and WHEREAS, Amendment No. 1, for expanded professional design services, was executed on March 5, 2002, in the amount of $200,000; and WHEREAS, Amendment No. 2, for Contract Administration services during the construction of Phase 2 expanded professional design services, was executed on June 16, 2003, in the amount of $615,000; and WHEREAS, Amendment No. 3, approved on December 15, 2003, authorized up to an additional $350,000 to provide additional design services, development of plans and specifications, and specific details of extra work and also authorized $100,000 for additional services as required and approved by the Director of Public Works through the completion of the Civic Center and Library Project; and WHEREAS, Amendment No. 4 will authorize SMWM to identify specific types of furniture, materials, fabrics, features, and develop bid packages for fabrication, delivery and installation of these materials, in accordance with the needs of the Library staff and authorize the Director of Public Works to approve up to $25,000 of additional services for a total authorization of $150,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute said Amendment No. 4 on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of February, 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTA1N: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /0 CUPEI INO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3213 FAX: (408) 777-3109 SUMMARY HUMAN RESOURCES Agenda Item No. I [ Meeting Date: February 17, 2004 SUBJECT AND ISSUE Approve fiscal year 2003/04 terms and conditions of employment for the bargaining unit represented by Operating Engineers, Local Union No. 3 (OE3), and approve extended benefits for the City Employees' Association and unrepresented employees. BACKGROUND Terms and conditions of employment am amended following negotiations with recognized employee organizations. The City has reached tentative agreement with OE3 on a package of salary and benefit increases balanced by cost saving measures including work furloughs. The negotiated package is within City Council authorization with an approximate cost of 6.70% (the net difference between a 7.63% salary and benefit increase less the savings of two work furlough days). Resolution No. 04-a~ amends the terms and conditions of employment with OE3 as summarized below: · Contract term from 02/18/04 to 06/30/04. · 5.874% "top four" salary increase effective July 1, 2003 for 44 Maintenance Workers and one Street Lighting Worker, and a 0.91% "top four" salary increase for two Equipment Mechanics. · Future benchmark adjustments moved from "top four" to "top six" with OE3 waiving any such adjustment for fiscal year 2004/05. · 1.895% City paid CalPERS retirement cost increase. · Two unpaid work furlough days in fiscal year 2003/04. · Employees hired prior to April 1986 provided with Medicare option. · 7.5% bilingual pay differential (when used). · Increase service requirement for retiree medical to a sliding 10 to 20 year vesting schedule (new hires only). As noted above, the negotiated package provides employees hired prior to April 1986 with the option to participate in Medicare, a program from which they are currently excluded. This will provide our long-term employees with an optional benefit currently afforded to employees hired after April 1986 for whom Medicare is required. Resolution 04-231 amends Section 218 (d)(4) of the City's California State Social Security Agreement to provide a pre- 1986 Medicare option. Printed on Reeycled Papor I l f l EXTENDED BENEFITS The memorandum of understanding with CEA includes an extended benefits provision that requires the City to extend the more favorable package negotiated by OE3 to CEA employees. On July 1, 2003, 45 OE3 employees received a 5.874% salary increase and two received a 0.91% increase for an overall cost of 5.625%. CEA employees received a 3.5% salary increase on July 1, 2003. To fulfill CEA's extended benefits provision, a 2.125% salary adjustment is required. Resolution No. 04-.~2. amends the memorandum of understanding with CEA by granting the required 2.125% salary increase retroactive to July 1, 2003. The same 2.125% increase is recommended for unrepresented confidential and management employees for consistency with past practice. Resolution No. 04-2'23 adjusts the salary schedule of the unrepresented employees' compensation program accordingly. FISCAL IMPACT The cost to implement the negotiated package for OE3 and to reflect the extended benefits provisions described above is $155,828. RECOMMENDATION Staff recommends that the City Council adopt Resolution Nos. 04~b~ ,04-2-/I, 04-2.7 ~ and 04-0203 as described herein. Submitted by: S~ndy Ab~ Human Resources Manager Approved by: a~d~W. ~pp City Manager DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND OPERATING ENGINEERS LOCAL NO. 3, AFL-CIO WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of Operating Engineers Local No. 3, the recognized representative of the Public Works Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of February, 2004 by the folloWing vote: VOTE AYES: NOES: ABSENT: - ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino MEMORANDUM OF UNDERSTANDING City of Cupertino and Operating Engineers Local No. 3 February 18, 2004 -June 30, 2004 Table of Contents Category Definitions Union Recognition Non-Discrimination Representation Rights Agency Shop City Rights Permanent Transfers Notification of Proposed Change Hours of Work: Overtime Compensation for Services Public Employees Retirement Contribution Health and Welfare Benefits Insurance Paid Absences Sick Leave Conversion Work Furlough Safety Equipment City Sponsored Recreation Programs Training and Tuition Reimbursement Temporary Disability Benefits Disciplinary Action Layoffs Reinstatement Grievance Procedure Impasse Procedure Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page Number 1 1 2 2 2 6 6 6 7 8 11 11 12 12 17 18 18 19 19 20 20 21 21 21 23 Category Continuation of Benefits Separability Ratification Term Elmwood Work Furlough Program Salary Range Section 26 27 28 29 Attachment A Attachment B Page Number 24 24 24 24 26 28 MEMORANDUM OF UNDERSTANDiNG Between CITY OF CUPERTINO and OPERATiNG ENGiNEERS LOCAL UNION NO. 3, AFL-CIO This agreement, entered into the 18th day of February, 2004 between the official representatives of the City of Cupertino, hereinafter referred to as "City", and the official representatives of the Operating Engineers Local Union No. 3, AFL-CIO, hereina~er referred to as "Union", sets forth the agreement resulting from the several discussions held between the two parties concerning the wages, hours, and other terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive majority representative. This agreement represents the entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral. General Provisions SECTION 1: DEFiNITIONS 1.1 City - the City of Cupertino, a municipal corporation 1.2 Union - the Operating Engineers Local Union No. 3 1.3 Employee - All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. SECTION 2: UNION RECOGNITION Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusive representative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as determined by the Municipal Employee Relations Officer: · Equipment Mechanic · Street Lighting Worker · Maintenance Worker I · Maintenance Worker II · Maintenance Worker III 2.1 The City shall promptly notify the Union of its decision to implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit. SECTION 3: NON-DISCRIMINATION In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all employees shall have equal opportunity in employment without regard to race, religion, political affiliation, national origin, sex, handicap, sexual orientation or age. SECTION 4: REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation right under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action. 4.3 The Union may select two (2) employees from the Service Center as Union Steward. 4.4 In addition to his/her regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum. 4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues or appropriate agency fee from the earned wages of each employee within the bargaining unit upon receipt of signed authorization to do so from each employee concerned. Terminations and other personnel changes affecting dues payment will be provided to the Union by the City. 4.6 The City and the Union desire to work towards a good working environment which includes productivity and respect for each individual regardless of classification or representation. SECTION 5: AGENCY SHOP Except as provided otherwise herein, the provisions of this Section shall apply to all employees of the City in all classifications represented by the Union when on paid status, except those mutually designated classifications and mutually designated employees who are employed for no more than 1000 hours per fiscal year. The provisions of this Section shall not apply to individual employees who have been properly and finally determined to be management or confidential employees. For the term of this Agreement, ali current and future employees of the City as described above, except as set forth below, shall, as a condition of continued employment, become and remain a member of the Union or, in lieu thereof, shall pay a service fee to the Union. The service fee payment shall be established annually by the Union. 5.1 Employee Rights 5.1.1 The City and the Union recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join, and participate in employee orgaaizations. Neither party shall discriminate against an employee in the exercise of these alternative rights. 5.1.2 Accordingly, membership in the Union shall not be compulsory. An employee has the right to choose, either; to become a member of the Union; or, to pay to the Union a fee for representation services; or, to refrain from either of the above courses of action upon the grounds set forth in Section 5.6 below. 5.2 Employee Selection 5.2.1 Any regular employee, must, within thirty (30) days of their employment with the City, submit to the City either a signed authorization to deduct dues as a member of the Union; or, sign and deliver to the City a written assignment authorizing deduction of the properly established agency fee as defined in Section 5.3.1 below, subject to the conditions set forth in Section 4.5 of this MOU. Upon receipt of the duly completed authorization, the City will deduct from the pay of the employee and pay to the Union the normal and regular monthly fee. If the employee is granted an exception from these fees based on a religious exception as explained in Section 5.6 below, the employee must designate a charity from Section 5.6.2 to which the appropriate amount will be paid through payroll deduction. 5.2.2 If a person fails to make any of the designations set forth above within the thirty (30) day period, they will be given notice by the City that the Agency Fee deduction will be made beginning with the first full pay period following the expiration of the thirty (30) day period. The City and the Union agree that the Agency Fee shall be paid in exchange for representation services necessarily performed by the Union in it's capacity as exclusive bargaining agent and in conformance with it's duty of fair representation of said employee who is not a member of the Union. 5.2.3 Any regular employee who makes a designation to pay the Agency Fee within the above thirty (30) day period may at anytime thereafter join the Union and provide to the City a signed authorization to deduct dues as a member of the Union in lieu of the Agency Fee. 3 5.2.4 5.2.5 5.3 5.3.1 5.3.2 5.4 5.5 During the last thirty (30) days of this Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, any employee who is a member of the Union, may, by written notice to the Municipal Relations Officer or designee, resign such membership and change their status to the Agency Fee or exempt category in accordance with the provisions of this article. The Union specifically agrees that the provisions of Secfion 5.7 of this Section apply to any claims against the City or any of its agents or employees regarding the payroll deduction of Agency Fee. Definition of Agency Fee The Agency Fee collected from non-member bargaining unit employees pursuant to Section 5.2.1 of this Memorandum of Understanding shall be limited to the Union's (local, state, and national) annual costs for representing such employees. Such amount shall be those amounts for full-time employees as are certified to the Municipal Employee Relations Officer/Human Resources Manager or designee, from time-to-time by the designated officer of the Union as the Agency Fee. The Union certifies that this "representation fee" includes only those costs actually incurred by the Union in representing employees, who are not also members of the Union, in matters specifically and directly connected with the enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union further certifies that this "representation fee" excludes all other costs, fees, and adjustments including, but not limited to: Union fines, back dues, initiation fees, or any other charge required as a condition of Union membership; any and all amounts which may be used, directly or indirectly, for political or ideological activities, any and all amounts which do not constitute costs actually incurred by the Union in representation matters specifically and directly connected with the bargaining of, enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union specifically agrees that the provisions of Secfion 5.7 of this Section apply to any claims against the City or any of it's agents or employees regarding the appropriateness of the amount of any "representation fee" set forth in this Section. Exceptions The provisions of Section 5 shall not apply to non-benefited part-time employees. Financial Reporting 5.5.1 The Union shall submit to the City a detailed written financial report of it's financial transactions in the form of a balance sheet and an operating statement, certified as to accuracy by the Union's Executive Secretary. Each year such reports shall be verified and submitted in writing to the City's Human Resources Manager by the Union within 60 days of July 1. 5.5.2 The Union will provide a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker not chosen by the Union and will make provision for an escrow account to hold amounts reasonably in dispute while challenges are pending. 5.6 Employees Exempted from Obligation to pay the Union 5.6.1 Any employee shall be exempted from the requirements of Section 5.2 above if such employee is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and is recognized by the National Labor Relations Board to hold such objections to Union membership. Such employee shall, upon presentation of membership and historical objection satisfactorily to the City and the Union, pay the required service fee to a recognized non-profit charity. 5.6.2 Such exempt employee shall, as outlined in Section 5.6.1 above, as an alternative to payment of an Agency Fee to the Union pay an equal amount equivalent to such Agency Fee to either: a) The United Way; b) Combined Health Agencies Drive (C.H.A.D.); c) Any charity jointly agreed upon by the City and the Union. Such charities cannot be affiliated in any manner with the Union, nor can such charity be related to an established religious organization. 5.7 Hold Harmless The Union shall hold the City harmless and shall fully and promptly reimburse the City for any reasonable legal fees, court costs, or other litigation expenses incurred responding to or defending against any claims against the City or any of it's agents, or employees, in connection with the interpretation, application, administration or enforcement of any section in the Memorandum of Understanding pertaining to Agency Fees. 5 5.8 Expiration Date of Agency Fee Provisions It is agreed and understood by the parties to this memorandum of Understanding that the provisions, rights and obligations herein pertaining to payment of any Agency Fee and dues deduction shall not survive beyond the term of this Memorandum of Understanding, and shall accordingly expire at the expiration of this Memorandum, provided however that, pursuant to Government Code Section 3502.5, this Section 5 may be rescinded in its entirety by a majority vote of all the employees in the unit covered by this Memorandum of Understanding. It is understood and agreed that: (1) a request for such a vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees covered by this Section; (2) such vote shall be by secret ballot; and (3) such vote may be taken at any time during the term of this Memorandum of Understanding, but in no event shall there be more than one vote taken during such term. SECTION 6: CITY RIGHTS The fights of the City include, but are not limited to, the exclusive fight to determine the mission of its constituent departments, commissions and boards; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of govermmental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union. SECTION 7: PERMANENT TRANSFERS Employees shall be notified in writing of any permanent transfer from one division to another ten (10) working days prior to the effective date. SECTION 8: NOTIFICATION OF PROPOSED CHANGE City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters relating to the scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice. In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without pr/or notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution regulation consistent with the agreement. SECTION 9: HOURS OF WORK: OVERTIME 9.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days with two consecutive days off. 9.2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten days prior notice. Volunteers will be sought for any change in regular work hours to a shift beginning after 9:00 a.m. If there are no volunteers, the regular employee with the least seniority will be assigned for a maximum of twelve months. The city will attempt to make four-month assignments when possible. Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.) 9.3 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest per/ods not taken. 9.4 Overtime Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 7 9.5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 9.5.1 Meal Periods A paid meal period and a $12 meal allowance shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes. 9.6 Compensatory Time Off At the employee's discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned CTO, shall be allowed to schedule CTO at the employee's discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing. CTO may be accrued for up to 80 hours. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may exercise his/her option one time each calendar year to convert any/or all accumulated compensatory time to cash. 9. 7 Leave Accruals An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period. SECTION 10: COMPENSATION FOR SERVICES 10.1 Salary Range a. Approximate monthly salary ranges as listed on Attachment B will apply for each classification effective at the beginning of the pay period in which July 1, 2003 occurs. b. The City agrees to pay a 10% differential to employees assigned to lead responsibilities for the work furlough program. Other employees assigned to the work furlough program will receive a 5% pay differential. The City agrees to conduct a compensation (salary and retirement only) survey in 2004. The following Santa Clara County cities will be used in the compensation survey: Campbell Los Gatos Mt. View Santa Clara Gilroy Milpitas Palo Alto Saratoga Los Altos Morgan Hill San Jose Sunnyvale d. Comparable classifications must be found in at least six (6) cities for a benchmark classification to be considered. The City of Cupertino will place in the top six cities in compensation (salary & retirement) as listed by the Bay Area Employee Relations Service where applicable as of 05/31/04, using comparables from Milpitas at 37.5 hours/week and Los Gatos at Parks & Maintenance Worker Trainee. Any benchmark increase for fiscal year 2004/05 will be waived by OE3. Any compensation adjustment for a benchmark classification (the two underlined classifications below) to place in the top six cities will also be provided to classifications related to the benchmark as set forth below: Equipment Mechanic Maintenance Worker I Maintenance Worker II Maintenance Worker III Street Lighting Worker 10.2 Bilingual Pay Differential a. An employee who uses bilingual skills as approved by his/her supervisor and who passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay differential only for the work time during which employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. 10.3 Out-of-Class Temporary assignments to a position assigned to a classification in a higher pay grade shall be compensated at a rate seven and one half percent greater than that of the regular position, for the number of hours so assigned. The temporary assignment shall be authorized in writing by the Supervisor or Superintendent of Public Works. No employee shall work in a higher classification without written notice. A copy of the authorization shall be submitted with the timesheet for the affected pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 10. 4 Standby Compensation Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated at the following rate per 128 hours so assigned. July 1, 2003 - $200.00 Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides a response time of 30 minutes or less. 10.5 Callback Pay If any employee is called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and one-half (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the normal rate of pay. 10. 6 Mileage Reimbursement Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS. 10. 7 Probationary Period/Salary Advancement The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter. 10. 8 Special Skills Compensation - Qualified Applicator's Certificate/Welding Effective July 1, 2000 an employee possessing a valid QAC will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to tasks requiring possession of the QAC. An employee possessing a valid Certificate of Welding, qualified in mild steel, pipe, stainless steel, and aluminum, will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to perform welding on the following "public liability" and/or "public safety" tasks. 10 a. Playground equipment b. Trailer hitches c. Trailers d. Welding and installing cranes e. Water tanks f. Other welding tasks assigned 2. Special Skills Compensation - Assigned Use of Class B Driver's License An employee is eligible to receive a five percent (5%) premium pay when assigned to operate/drive a vehicle requiring a commercial Class B driver's license. 10.9 Flexible Staffing - Maintenance Worker I/II An employee shall be eligible to advance from Maintenance Worker I to Maintenance Worker II after one year of satisfactory service at the maximum salary step of Maintenance Worker I and with the recommendation of the department head. SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. The City will pay the increased FY 2003/04 CalPERS retirement cost of 1.895%. This does not obligate the City to pay any additional CalPERS retirement costs above the 1.895% increase now or in the future. SECTION 12: HEALTH AND WELFARE BENEFITS The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement. July 1, 2003 - $762.50 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. In instances where the premium for the insurance plan selected is less than the City's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. An employee may elect to have excess medical continued as deferred compensation at the employee's discretion. 11 SECTION 13: INSURANCE ]3. I_ Long Term Disability The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. !3.2 Life Insurance The City shall provide life insurance and accidental death and dismemberment coverage for each employee in the mount of five times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 13.3 Vision Care Insurance The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.74 monthly. SECTION 14: PAID ABSENCES 14.1 Fixed Holidays The City shall provide the following fixed paid holidays for eligible employees covered by this agreement: 1. NewYear's Day 2. Martin Luther King Day 3. Washington's Birthday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year's Eve When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non- work day. 12 Nothing contained herein shall preclude the right of the department head, with the approval of the appointing authority, to reschedule work assigmnents or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 14.].1 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved sh6rt term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 14.2 Floating Holiday Leave In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (I) hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. Each pay period an employee will be credited with .77 hours of holiday leave. Holiday leave may be accumulated up to 40 hours. 14.3 Vacations All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval. An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned. Represented employees may convert, on a once per calendar year basis, unused vacation time for payment subject to the following conditions: 1. The employee must have accrued vacation of at least 120 hours. 2. Any payments made for unused vacation will be subject to all appropriate taxes. 3. Minimum exchange will be 8 hours, maximum exchange will be 40 hours. 4. All changes are irrevocable. 14.3.1 Vacation Accrual Rate Benefited full-time employee's accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. 13 Service Time Hrs of Accrual Per Pa,/ Annual Accmals Maximum Accrual Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. 14.3.2 Full vacation leave shall be taken at one time by any one employee whenever possible. The time during the calendar year at which an employee shall take his/her vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave of less than the full amount earned may be taken with the approval of the department head. 14.3.3 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence. ]4.3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. 14.4 Sick Leave All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half (1/2) hour increments. 14.5 SICK LEAVE VERIFICATION A Department .Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of ver/fication where leave abuse is suspected. 14 If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. 14.6 Personal Leave The City shall allow accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours or for family medical emergencies. 14. 7 Bereavement Leave Employees shall be granted paid bereavement leave not to exceed a total of 24 hours upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, children, step-children, domestic partner, grandparent, grandchildren, mother-in-law and father-in-law. ]4.8 Military Leave Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to determine when such leave shall be taken. ]4.9 Pre~nancy Disability Leave A pregnant employee is entitled to up to four months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefi'om. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than 4 weeks) before the date she expects to take the leave and the estimated duration of the leave until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. ]4. ] 0 Adoption Leave Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. 15 14.11 Absence Notification An employee is expected not to absent herself/himself from work for any reason, other than personal illness, without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor or office personnel on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. 14.12 Catastrophic Leave 1. The City's catastrophic leave committee wilI establish a definition of catastrophic or life-threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from their physician to determine the applicant does suffer a catastrophic or life-threatening illness. 2. Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. 3. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Personnel Officer when applying for funds. 4. A recipient must have used all of their available leave hours before he/she is eligible. 5. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). 14.13 Family Leave The City of Cupertino will comply with State and Federal Family Leave Laws. 16 SECTION 15: SICK LEAVE CONVERSION 15.1 Sick Leave is not vested under California statutory law. 15.2 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate averaged over the immediate past 60 complete months of employment multiplied by the total number of non-vested hours. ]5.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. ]5.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-hail (1/2) of vacation accrued during the previous twelve (12) months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least 60 calendar days in advance of intended vacation utilization. b. The granting of such exchange and subsequent use will be at the discretion of the department head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the convened vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. d. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. 17 Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the irdtial exchange was implemented. SECTION 16: WORK FURLOUGH During fiscal year 2003/04, all employees will take two unpaid work furlough days on May 28, 2004 and a date to be announced during which City facilities will be closed. SECTION 17: SAFETY EQUIPMENT The City will pay on an armual basis the following amount to employees for the purchase of steel toed safety shoes and rain gear during the term of this agreement: July 1, 2003 - 400.00 The City shall retain the right to establish minimum safety and quality standards for the steel toed safety shoes, clothing and safety equipment to be used while performing assigned tasks. The city will provide to the employee the following: hard hat, safety glasses, ear protection, gloves, chain saw slip-on foot protection for employees who operate chain saws, orange safety tee shirts and/or uniform shirts (11), sweatshirts, orange safety jacket (1 jacket every other year), and rain boots. The city will continue to provide and launder shirts or overalls, which shall be worn while carrying out the duties of the city. It is the responsibility of the employee to have the required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite with the required clothing and/or safety equipment. Hard hats must be worn when work performed by an employee is equal to, or above his/her eye level. Steel toed safety shoes must be worn at all times during the workday. For new employees, the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30). 18 Any employee who, for whatever reason, terminates his/her employment with the City before the beginning of the next fiscal year, shall return to the City the prorated value of said safety equipment allowance. SECTION 18: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. SECTION 19: TRAiNiNG AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees and to adopt a trairfing policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program. A copy of the supervisor & superintendent's recommendation to the department head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the department head for approval or denial. Once a training program has been approved, any employee covered by this agreement will be eligible for reimbursement. However, an employee shall not receive any reimbursement until providing satisfactory proof of successful completion of the program. 19.1 Service Center Safety/Training Committee The City and the Union agree to form a committee to jointly develop a safety/training program to include, but not limited to: CPR, first aid, safe work habits and emergency response roles. The City shall have two members and the Union shall have one member from each Service Center Bureau. 19 SECTION 20: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of, or in the course of, the performance of l'fis job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by state law. 20.1 Use of Sick Leave to Supplement Temporary Disability Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. Sick leave hours used will subsequently be credited to the employee's account by dividing the employee's base hourly rate into the mount that the employee would have received in industrial injury pay. SECTION 21: DISCIPLINARY ACTION The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken. The first and/or mOst modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified tkrough the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and termination. When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property fights" of the employee as defined by the courts of California, it shall be referred to the Director of Public Works. A written notice from the Director of Public Works to the employee at least five days prior to any action, shall state the proposed disciplinary action. The notice shall also contain: a. effective date and time of the proposed action b. the alleged reason for the proposed action c. the acts or omission which support the allegation d. the materials upon which the allegation(s) are based and access to any other related items 20 e. a"Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee's fight of appeal f. a statement that the action will become final if the employee fails to respond to the notice within the specified time It is understood that an employee's request for a Skelly meeting will postpone the effective date of action until the Skelly has been heard and the City has responded to issues raised in the Skelly meeting. In this case the effective date will be five (5) days from the Director's response. SECTION 22: LAYOFFS Layoffs of employees may be made by the appointing authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the appointing authority, will cause the least disruption of service to the City; taking into consideration seniority, performance or whether the employee's skills can be replaced by the existing work force. The City will provide a 30 day notice to any employees identified for layoff. The names of employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten business days to a written notice of such opportunity shall cause that name to be removed from the recall list. SECTION 23: REiNSTATEMENT With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the employee, for all purposes, shall be considered as though they had received an original appointment. SECTION 24: GRIEVANCE PROCEDURES Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. 21 The supervisor shall give the employee an oral answer within t~ve (5) calendar days after such presentation. Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in wr/ting to the employee's next h/ghest supervisor within five (5) calendar days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provisions or provisions of this Agreement or work roles which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within five (5) calendar days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person desiggaated for this purpose shall provide the employee a written answer within five (5) calendar days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the ghevance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's department head within five (5) calendar days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The department head shall discuss the gr/evance within ftve (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the department head shall give the City's written answer to the employee within five (5) calendar days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) calendar days after the decision is provided at the third step. l) The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. 2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the heating, subject to the availability of Union and City representatives. 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. 4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the heating or the submission ofbr/efs by the parties, whichever is later. 22 5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in wr/ting. 6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, i~¢aore, add to, or subtract from the provisions of this Agreement. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the fome and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only. SECTION 25: IMPASSE PROCEDURE The following procedures, extracted from the Municipal Code (Section 2.52.410), shall apply in the event the parties are unable to resolve and impasse satisfactorily: 25.1 Impasses A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 1. Mediation (or conciliation). (Defined in Section 2.52.290) Ali mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position concerning the issue. 2. A determination by the City Council after a hearing on the merits of this dispute. 3. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: 23 a) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and b) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half of the City and one-half by the employee organization or employee organizations. SECTION 26: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 27: SEPARABILITY In the event any provisions of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 28: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Union following signing of this memorandum by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City. 28.! Extended Benefits It is understood and agreed that any more costly total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Union. The more favorable terms will be incorporated into this agreement. SECTION 29: TERM This agreement shall be effectively commencing at 12:01 a.m. February 18, 2004 and ending at 11:59 p.m. June 30, 2004. 24 OPERATING ENGINEERS LOCAL CITY OF CUPERTINO UNION No. 3 Brian W. Gathers David W. Knapp Karl L. Olsen Carol A. Atwood Cindy Martinez Ralph A. Quails, Jr. Marc A. LaBrie Sandy Abe Bob Highbaugh Date: Date: Reviewed by City Attorney Charles T. Kilian Date: 25 Attachment A Elmwood Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties. Affected Employees: 1. All employees hired on or after January 1, 1995 may be required to participate in the Elmwood Work Furlough Program (EWFP). 2. Participation by employees hired prior to January 1, 1995 will be on a voluntary basis. Participation: 1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP. 2. Assistant Crew Leader will be assigned as necessary to the EWFP. 3. Employees will be provided ten (10) calendar days notice prior to permanent assignment with the EWFP. 4. With the exception of volunteers, employees with the least seniority who have received EWFP training will be assigned within 30 days of the completion of training to participate as staffing is required. Compensation: 1. Administrative Crew Leader - 10% above base pay. 2. Assistant Crew Leader - 5% above base pay. Responsibility: The following responsibilities/tasks are assigned to participants in the EWFP. 1. Administrative Crew Leader a. Knowledge of EWFP policies, rules, and regulations. b. Daily administrative of the EWFP. c. Assignment of irLmates consistent with direction of the responsible Public Works Supervisor. d. Conduct an 8:00 a.m. roll call at the beginning of each day. e. Notify Elmwood if an inmate does not arrive on time. f. Assign tools and safety equipment to imnates. g. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual". h. Conduct a 4:00 p.m. roll call at the end of each day. 26 An Administrative Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. 2. Assistant Crew Leader a. Knowledge of EWFP policies, rules, and regulations. b. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual". c. Contact the Administrative Crew Leader concerning EWFP issues. d. Lock and secure Corporation Yard at the end of the day. An Assistant Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. Liability: An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while performing duties within the scope of his/her job. 27 SECTION 10. lA: APPROX. MONTHLY SALARY RANGES ATTACHMENT B Classification Step 1 Step 2 Step 3 Step 4 Step 5 Equipment Mechanic $4,384 $4,603 $4,834 $5,075 $5,328 Maintenance Worker I $3,573 $3,752 $3,940 $4,138 $4,3441 Maintenance Worker II $3,752 $3,940 $4,138 $4,344 $4,564 Maintenance Worker I11 $4,138 $4,344 $4,564 $4,792 $5,033 Street Lighting Worker $4,228 $4,440 $4,662 $4,895 $5,146 Return to: California Public Employees' Retirement System Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 RESOLUTION 04-271 DRAFT WHEREAS, the City of Cupertino (Official Name of Public Agency) hereinafter designated as "Public Agency", desires to establish a "deemed" retirement system pursuant to Section 218(d)(6) of the Federal Social Security Act composed of positions of members of the California Public Employees' (Retiremem System) Retirement System, hereinafter designated "Present Retirement System", desiring "Medicare- Only" coverage, and to include services performed by individuals employed by the Public Agency in positions covered by said "deemed" retirement system, as members of a coverage group established by Section 218(d)(4) of said Act, in the Califomia State Social Security Agreement of March 9, 1951, providing for the coverage of public employees under the Health Insurance system established by said Act as amended; and WHEREAS, State and Federal law and regulations require, as a condition of such coverage, that a division be authorized by the Board of Administration, California Public Employees' Retirement System; and WHEREAS, it is necessary that the "Public Agency" now designate any services which it desires to exclude from coverage with respect to such coverage group under said Health Insurance system; and PERS-MED-40D (12/94) -1- DIVISION RESOLUTION (MEDICARE) WHEREAS, it is necessary for the Public Agency to set forth the modification, if any, of the benefits and contributions under the Present Retirement System that may result from coverage under the said insurance system with respect to such coverage group; NOW, THEREFORE, BE IT RESOLVED, that the Board of Administration, California Public Employees' Retirement System, be and hereby is requested to authorize the foregoing division; and BE IT FURTHER RESOLVED, that upon receipt of authorization from the Board of Administration a division shall be conducted in accordance with the requirements of Section 218(d) of the Social Security Act, and applicable State and Federal laws and regulations; that each eligible member of the Present Retirement System at the time of the division shall be furnished a form to permit the member to elect whether or not his services should be excluded from or included under the said California State Social Security Agreement as hereinbefore provided; with such "Medicare-Only" coverage effective as to services performed on and after January 1, 2005 ; and (Date) BE IT FURTHER RESOLVED, that the following services with respect to said coverage group of the Public Agency shall be excluded from coverage under said agreement: 1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and 2. Services excluded by option of the Public Agency: xx a. 'No optional exclusions desired. b. Service performed: PERS-MED-40D (12/94) -2- DIVISION RESOLUTION (MEDICARE) BE IT FURTHER RESOLVED, that with respect to the said coverage group the benefits and contributions of the Present Retirement System shall not be modified in any way; and BE IT FURTHER RESOLVED, that notice of the division shall be given to members of the Present System not less than ninety days prior to the date of the division; provided however, that notice shall be given to employees becoming members of the Present Retirement System after the date of such notice up to and including the date of the division on the date on which they attain membership in the system, and that Sandy Abe, Human Resources Manager (Name and Title of Local Official) is hereby designated and appointed to conduct such division on behalf of the Public Agency in accordance with law, regulations, and this resolution, including the fixing of the date and the giving of proper notice thereof to members of the Present Retirement System and to all such eligible employees; and BE IT FURTHER RESOLVED, that the Public Agency will pay and reimburse the State at such time and in such amounts as may be determined by the State the approximate cost of any and ail work and services relating to such division. Presiding Officer City of Cupertino Official Name of Public Agency PERS-MED-40D (12/94) -3- 1 -3 ? DIVISION R~SOLUTION (MJEDICAR~) (Nme) of the hereby certify the foregoing to be a full, true, and correct copy of Resolution No. adopted by the day of ~ the office. (Title) , State of Califomia, do of the at the regular/special meeting held on ., as the same appears of record in my IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said ., at my office this day of (Signature) (Title) PERS-MED-40D (12/94) DIVISION RESOLUTION (MEDICARE) DRAFT RESOLUTION NO. 04-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION WHEREAS, the memorandum of understanding between the City and of the City Employees' Association (CEA) includes an extended benefits provision, and WHEREAS, the extended benefits provision states that any more favorable total compensation package agreed to by the City with another bargaining unit during the life of the agreement will be extended to CEA, and WHEREAS, the City has negotiated a more favorable compensation package with Operating Engineers, Local Uff~on No. 3, and WHEREAS, the salary schedule for CEA employees requires a 2.125% salary adjustment in accordance with the negotiated extended benefits provision. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby amend the Memorandum of Understanding between the City of Cupertino and the City Employees' Association as shown in Attachment "A". PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of February, 2004 by the following vote: VOTE AYES: NOES: ABSENT: ABSTAIN: MEMBERS OF THE CITY COUNCIL ATTEST: APPROVED: City Clerk Mayor, City of Cupertino SECTION 2: SALARY SCHEDULE ATTACI-IMENT A Classification Step 1 Step 2 Step 3 Step 4 Step 5 ~,ccountClerk $3,704.00 $3,973.0(; $4,172.00 $4,380.00 $4,599.00 ~,dministrativeClerk $4,011.00 $4,211.00 $4,422.00 $4,643.00~ $4,875.00 ~,ssistant Civil Engineer $5,681.00 $5,965.00 $6,263.00 $6,577.0C $6,905.00 ~,ssistant Planner $5,127.00 $5,383.0(~ $5,652.00 $5,935.00 $6,232.00 Associate Civil Engineer $6,123.00 $6,428.00 $6,750.00 $7,088.00 $7,441.00 Associate Planner $5,525.00 $5,801.00 $6,092.00 $6,396.00 $6,716.00 Building Inspector $5,856.00 $6,149.00 $6,457.00 $6,780.00 $7,119.00 Case Manager $4,102.00 $4,307.00 $4,522.00 $4,748.00 $4,986.00 Code Enforcement Officer $4,739.00 $4,976.00 $5,225.00 $5,487.00 ! $5,761.00 Engineering Technician $4,831.00 $5,073.00 $5,326.00 $5,593.00 $5,872.00 Environmental Programs Assistant $4,865.00 $5,108.00 $5,363.00 $5,632.00 $5,913.00 Facility Attendant $2,880.00 $3,024.00 $3,175.00 $3,334.00 $3,500.00 Office Assistant $3,204.00 $3,364.00 $3,533.00 $3,709.00 $3,895.00 Pro Shop Attendant $2,739.00 $2,876.00 $3,020.00 $3,171.00 $3,330.0¢ Producer $4,219.00 $4,430.00 $4,652.0¢ $4,884.00 $5,129.0¢ Program Promotions Director $3,840.00 $4,032.00 $4,234.0£ $4,446.00 $4,668.00 Public Works Inspector $5,856.0¢ $6,149.00 $6,457.0¢ $6,780.00 $7,119.00 Receptionist/Clerk $2,900.0¢ $3,045.00 $3,197.00 $3,357.00 $3,525.00 Recreation Assistant $2,064.00 $2,167.00 $2,275.00 $2,389.00 $2,509.00 Recreation Coordinator $3,840.00 $4,032.00 $4,234.00 $4,446.00 $4,668.00 Senior Engineering Technician $5,206.00 $5,467.00 $5,740.00 $6,027.00 $6,328.00 Senior Office Assistant $3,558.00 $3,736.00 $3,922.0(~ $4,119.00 $4,324.00 Senior Planner $5,925.00 $6,221.00 $6,532.001 $6,859.00 $7,202.00 Senior Traffic Technician $5,206.00 $5,467.00 $5,740.00 $6,027.00 $6,328.0(~ Special Programs Coordinator $3,533.00 $3,710.00 $3,895.00, $4,090.00 $4,295.00 Traffic Signal Technician $5,418.00 $5,689.00 $5,974.00 $6,272.00 $6,586.00 Traffic Technician $4,831.00 $5,073.00 $5,326.00 $5,593.00 $5,872.00 RESOLUTION NO. 04-273 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 00-185, UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees' Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment "A" which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 17~ day of February, 2004 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City of Cupertino ATTACHMENT A Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation Effective July 1, 2003 CITY OF CUPERTINO CLASSES AND POSITION/CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE JULY 1, 2003 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Cotmcil can modify these rates. Classification Step 1 Step 2 Step 3 Step 4 Step 5 City Attorney $14,534.00 City Manager $15,854.00 Director of Administrative Services $10,364.00 $10,882.00 $11,426.00 $11,997.0(: $12,597.00 Director of Community Development $9,742.00 $10,229.00 $10,740.00 $11,277.0¢ $11,841.00 Director of Parks and Recreation $9,742.00 $10,229.00 $10,740.00 $11,277.0(: $11,841.00 Director of Public Works $10,675.00 $11,103.0(: $11,658.00 $12,241.0¢ $12,853.00 Members of the City Council $618.85/month Members of the Planning Commission $50.00/meeting (maximum $200.00/month) CITY OF CUPERTINO CLASSES OF POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS EFFECTIVE JULY 1, 2003 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney $6,198.00, $6,508.00 $6,834.00 $7,175.00 $7,534.0C Assistant Director of Public Works $8,407.0(: $8,827.00 $9,269.00 $9,732.00 $10,219.00 Building Official $7,643.0(: $8,025.00 $8,426.00 $8,847.00 $9,290.00 City Clerk $6,198.00 $6,508.00 $6,834.00 $7,175.00 $7,534.00 City Planner $7,643.00 $8,025.0.0 $8,426.00 $8,847.00 $9,290.00 Environmental Programs Manager $6,106.00 $6,411.00 $6,732.00 $7,069.00 $7,422.00 Finance Manager $7,310.00 $7,675.00 $8,059.00 $8,462.00 $8,885.00 Human Resources Manager $7,310.00 $7,675.00 $8,059.00 $8,462.00 $8,885.00 Information Technology Manager $7,071.00 $7,425.00 $7,796.00 $8,186.00 $8,595.00 Public Information Officer $6,198.00 $6,508.00 $6,834.00 $7,175.00 $7,534.00 Public Works Project Manager $6,198.00 $6,508.00 $6,834.00 $7,175.0(: $7,534.00 Public Works Supervisor $5,723.00 $6,009.00 $6,309.00 $6,625.0(: $6,956.00 Recreation Supervisor $5,723.00 $6,009.00 $6,309.00 $6,625.0(: $6,956.00 Senior Architect $7,643.00 $8,025.00 $8,426.00 $8,847.0(: $9,290.00 Senior Civil Engineer $7,643.00 $8,025.00 $8,426.00 $8,847.00 $9,290.00 Service Center Manager $7,643.00 $8,025.00 $8,426.00 $8,847.00 $9,290.00 CITY OF CUPERTINO CLASSES OF POSITION BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1, 2003 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant $5,125.0(; $5,382.00 $5,651.00 $5,933.00 $6,230.00 Accounting Technician $4,756.0(; $4,994.00 $5,243.00 $5,506.00 $5,781.00 Administrative Secretary $4,270.0(; $4,483.00 $4,708.00 $4,943.00 $5,190.0(~ Community Relations Coordinator $4,927.0(; $5,174.00 $5,433.00 $5,704.00 $5,989.00 Deputy City Clerk $4,270.0(; $4,483.00 $4,708.00 $4,943.00 $5,190.00 GIS Coordinator $4,927.0(; $5,173.00 $5,432.00 $5,703.00 $5,989.0(; Human Resources Analyst $5,125.0(; $5,382.00 $5,651.00 $5,933.00 $6,230.0(~ Human Resources Technician $4,756.0(; $4,994.00 $5,243.00 $5,506.00 $5,781 Network Specialist $4,927.0(; $5,174.00 $5,433.00 $5,704.00 $5,989.0(; Secretary to the City Attorney $4,671.0(; $4,905.00 $5,150.00 $5,408.00 $5,678.0(; Secretary to the City Manager $4,671.0(; $4,905.00 $5,150.00 $5,408.00 $5,678.0(~ Web Specialist $4,927.0(~ $5,173.00 $5,432.00 $5,703.00 $5,989.00 CUPER TINO City ~Iall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3210 FAX: (408) 777-3366 AGENDA ITEM PUBLIC WORKS DEPARTMENT Summary AGENDA BATE February 17, 2004 SUBJECT AND ISSUE Recommendation to deny request for fee waivers from three organizations in the amount of $225.00 each to hang banners across Stevens Creek Boulevard. BACKGROUND With the adoption of the 2003-04 budget, the City Council established a fee of $225.00 to hang banners that advertise community-wide events that take place in Cupertino. The fee was established and approved by Council to cover the direct cost for city staff time to hang and remove the banners across Stevens Creek Boulevard. Attached are the three separate letters from Rhody Co. Productions for the Hewlett Packard Up and Coming Race, Cupertino Chamber of Commeme Art and Wine Festival and the Cupertino Community Services Auction and Barbecue. All three are requesting fee waivers because they represent fundraising activities for non-profit organizations. FISCAL IMPACT Waiving of these fees will incur $675.00 in unrecovercd costs to the General Fund for services performed by City forces installing banners without charge. STAFF RECOMMENDATION Staff recommends that the Council deny each of the separate requests for a waiver of the $225.00 fee to hang a banner across Stevens Creek Boulevard. Submitted by: Ralph A. Quails, Jr. Director of Public Works Approved for submission to the ~ty Council: Dav~p City Manager CITY OF CUPERTINO Parks and Recreation Department STAFF REPORT Agenda Item Number I.~ Agenda Date: February 17, 2004 SUBJECT Accept a donation from the Langlois Unitrust in the amount of $17,153.25 for use at the Cupertino Senior Center. BACKGROUND Attached is a letter from Gladys Langlois regarding this contribution. Her mother, Trina Kortright, was a member of the Cupertino Senior Center from 1975 to 1985. She passed away in 1992 and the estate is now settled. A check for $17,153.25 has been received as a donation in honor of Trina Kortright. STAFF RECOMMENDATION Accept the donation from the Langlois Unitrust in the amount of $17,153.25 for use at the Cupertino Senior Center. SUBMITTED BY: Theres~c? Ambrosi Smith, Director Parks and Recreation Department APPROVED FOR SUBMISSION TO CITY COUNCIL: David W. Knapp City Manager Renaigcnce January 21, 2004 City of Cupertino 21251 Stevens Creek Blvd. Cupertino, CA 95014 Dear Sir or Madam: Renaissance Administration LLC is pleased to inform you that the, City of Cupertino was named as a Charitable Remainderman of Langlois 1992 Unitrust, dated 9-22-92. Upon the accelerated collapse of this trust, Mr. and Mrs. Ronald L. Langlois, the trustees, have directed us to present the enclosed check of $17,153.25 for the use at the Cupertino Senior Center. You may contact Renaissance Administration LLC at (800) 843-0050. Please understand, however, that certain information about the girl can be made available only by permission of the trustees. Once again, Renaissance Administration LLC is pleased to have played a part in helping Mr. and Mrs. Ronald L. Langlois make this charitable gift. We are confident that their generosity will help City of Cupertino carry on the work to which they are so deeply committed. Sincerely, RENAISSANCE ADMINISTRATION LLC Jeff Allen Senior Client Services Specialist Enclosure as stated cc: Mr. and Mrs. Ronald L. Langlois, Trustees 61 O0 West 96th Street · Suite 1 O0 · Indianapolis, IN 46278 · 800 843-0050 · Fax 317 843-5417 · www.reninc.com Ron & Gladys Langlois P.O. Box ??P3 Cupertino, CA 95O15 EXHIBITS BEGIN HERE February 14, 2004 Monta Vista 02-07 Annexation Complaint Prepared by: Susan Sievert 10301 Byme Ave, Monta Vista, CA 95014 EXHI IT hTIoq . Monta Vista 02-07: The City of Cupertino has violated both state and federal Public Hearing Notice Law. Therefore, we request that the City Council of Cupertino: 1) invalidate staff' s Monta Vista 02- 07 report and recommendation, 2) terminate the 02-07 proceedings, and finally, order an evaluation into all City of Cupertino public noticing practices. Property Owner Public Hearing Notice The following nine properties were not on staff s "unincorporated M. V. mailing list -property owners," and did not receive the state and federal law mandated Public Hearing Notice. Subsequently, their lack of protest were "deemed voluntarily waived" (counted in favor of annexation). Fretwell Hazel V 10139 Byme Ave West Betty L Trustee Anonuevo Alexander; Dong Lily Erickson Robert W; Matsuda Hisae Serang Omar A; Woodrow Melissa A Heilman John J; Faustene V Jr. Malan Steven A; Janel L Trustee 10127 Byrne Ave 22080 San Fernando Ct. 10455 Byme Ave 10484 Byrne Ave 10340 Orange Ave 10361 Imperial Ave 357 11 009 357 11 008 357 12 011 357 12 037 357 14 013 357 19 025 357 19 116 Piotrkowski Michael N; Laurie 21917 Alcazar Ave 357 15 072 Note: Piotrkowski Public Hearing Notice mailing address does not exist.6 Examination: Q to planning staff: "Where did the unincorporated mailing list originate?" A: "Registered voter information came from the County Registrar of Voters. Property owner information came from Metroscan -- a private, for-sale real estate database..." Q to planning staff.' "What did the state law say in terms of what lists to use for 1) the residents, and 2) the property owners." A: "Registered Voters ~- Use voters list in the office of the county clerk or registrar of voters. Property Owners -- Use most recent assessment roll prepared by the county. Conclusion: The law clearly specifies the use of a county prepared assessment roll that is used 'for the purpose of the annual levy and collection of any taxes or assessments" -- not a 3~d party, "private, for-sale real estate database." Question for the City Council: Can you please have staff explain why there were 274 property owners in their February 2nd, 2004 staff`report, and 298 property owners in their staff`report, a mere 2 weeks later? Reference: CorteseiKnox-Hertzberg Local Government Reorganization Act of 2000 Section 56018. "Benefit district" means a district containing lands which are, or will be, benefited by their inclusion within the district the owners of those lands being entitled, under state or federal statutes or the California Constitution or the United States Constitution, to notice by mail or personal service and hearing prior to the inclusion of the lands within the district. Section 56051. "Last equalized assessment roll" means the last equalized assessment roll or book used by a county, city, or district for the purpose of the annual levy and collection of any taxes or assessments imposed by the county, city, or district. Section 56105. Any protest or objection pertaining to the regularity or sufficiency of any proceedings or commission proceedings shall be in writing, clearly specify the defect, error, irregularity, or omission to which protest or objection is made and shall be filed within the time and in the manner provided by this division. Any protest or objection pertaining to any of these matters which is not so made and filed is deemed voluntarily waived. Section 56157. (f) To all registered voters and owners of property, to the address as shown on the most recent assessment roll being prepared by the county at the time a resolution of application is adopted to initiate proceedings... The unincorporated Monta Vista property owner's/registered voter's mailing lists, prepared by and obtained from Cupertino's planning staff. (Note: the lists match the planning staff report) The February 2, 2004 staff report, including the unincorporated Monta Vista property owner's/registered voter's mailing lists, certified by the City of Cupertino's Clerk, and obtained on January 29, 2004. (Note: the lists match the planning staff report) The Property Owners Tally Sheet, prepared from the county assessors roll, and used by the City of Cupertino's Clerk to validated the protests. Certified and obtained February 12, 2004. E-mail exchanges with the City of Cupertino's planning staff. page 2 of 2 Library Donor List Account No 423-0000-4813 2/17/04 Donor Date Amount For Friends of the Cupertino Library 11/24/03 $75,000 Children's Story Room Dick and Carolyn Randall 1/26/04 $25,000 Outdoor Art Sculpture Dick and Carolyn Randall 1/30/04 4,250 29,250 Outdoor Art Sculpture Cupertino Library Foundation 2/3/04 150,000 Children's Room Friends of Dr. Michael Chang: Erica Yew 2/11/04 100 LTC John Swensson 25 Den and Pam Fong 1,000 Gilbert and Allen Wong 1,000 David and Cathy Tsang 2,000 Ann Woo and John Chu 1,000 Hsing and Margaret Kung 2,000 Hsia Chou 500 Tao and Ying Chow 500 Ping and Jim Fang 1,000 Mary-Ann Wallace and Joe Ribera 1,000 Otto Lee 200 Siyu Foundation 1,000 Frances and James Lin 100 Arthur Low 50 Yu Fen Lai and Tsung Chuan Whang 100 Ron Call 2,000 Various 3,725i Michelle Hu 3,70{3 Hung Wei 1,00{3 Steve Ting 1,00{3 Michael Chang 1,00{3 Isabel Chiu 20(~ 24,200 Dias To be identified 2/13/04 25,000 To be identified To be identified 2/17/04 50,000 To be identified 353,450 EXHIBITS END HERE