CC 06-07-04
CITY OF
CUPEIQ1NO
AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, June 7, 2004
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
1.
Annual report from the Teen Commission. (No documentation in packet).
2.
Proclamation recognizing Al Tsugawa. (No documentation in packet).
3.
Proclamation for the World War II Memorial. (No documentation in packet).
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
4.
Approve the minutes ftom the May 17,24, and June 1 City Council meetings.
5.
Adopt resolutions accepting Accounts Payable for May 14,21, and 28, Resolution Nos.
04-319 through 04-321.
June 7, 2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 2
6.
Adopt a resolution accepting Payroll for May 21, Resolution No. 04-322.
7.
Adopt a resolution approving an application for grant funding under the Land and Water
Conservation Fund for Stevens Creek Corridor Park, Resolution No. 04-323.
8.
Adopt a resolution approving an Easement Maintenance Agreement with Murano
Homeowners Association, 7308 and 7310 Rainbow Drive, Resolution No. 04-324.
9.
Adopt a resolution approving the Parcel map and improvement plans for Lands of
Moxley, Moxley Properties-Cupertino, a California Limited Partnership, 21949 Lindy
Lane, APN 356-25-016, Resolution No. 04-325.
10.
Adopt a resolution authorizing execution of a Cooperative Agreement with the City of
Sunnyvale for funding of the Mary Avenue Pedestrian Bridge, Resolution No.04-326.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
11.
Consider an appeal of the Planning Commission's denial of the use permit (U-2003-l2),
to install a 55-foot tall personal wireless service facility, consisting of six, 4.25 feet tall
panel antennas mounted on an artificial treepole and associated base equipment at an
existing shopping center, Cingular Wireless, 10881 S. Blaney Ave., APN 369-34-052.
(The appellant has withdrawn the appeal).
12.
Consider approving Application No.(s) ASA-2004-05, U-2004-04, EXC-2004-03, EA-
2004-05; Stevens Creek Office Center Associates (Good Earth Restaurant); 20807
Stevens Creek Boulevard; APN 326-32-051:
a.
Adopt a Negative Declaration
b.
Approve architectural and site review for a new 7,100 square foot, one-
story retail building and site improvements
c.
Approve a use permit to demolish an existing, vacant restaurant and
construct a 7,100 square foot, single-story retail building and site
improvements
d.
Approve an exception to the front setback as required by the Heart of the
City Specific Plan
13.
2004-05 budget:
a)
Consider the Fourth of July funding for July 2005
June 7, 2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 3
b)
Consider the 2004-05 budget
14.
Consider adopting a resolution establishing an Emergency Communication Response Fee
(9-1-1), Resolution No. 04-327, and conduct the first reading of Ordinance No. 1937:
"An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 to the
Cupertino Municipal Code Pertaining to 9-1-1 Emergency Communication System
Response Fee." (This item was continued ftom April 19).
PLANNING APPLICATIONS
UNFINISHED BUSINESS
NEW BUSINESS
15.
16.
17.
18.
19.
20.
Consider objections to proposed removal of brush and order abatement of public nuisance
(city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution
No. 04-302, Resolution No. 04-328.
Consider authorizing the City Manger to execute documents regarding the potential
partial pre-payment ofthe City Attorney's housing loan.
Consider a Weekly Single-Stream Recycling program.
Direct staff to send a letter opposing SB 744 (Dunn) -land development, because it could
preempt local land use authority by the California Department of Housing and
Community Development.
Consider adopting a resolution authorizing the City Manager to sign a Core Natural Gas
Sales and Aggregation agreement with Association of Bay Area Governments (ABAG)
Power, Resolution No. 04-329.
Receive a report on additional sign for the new Cupertino Community Hall.
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
CLOSED SESSION
ADJOURNMENT
June 7, 2004
Cupertino City Council
Cupertino Redevelopment Agency
Page 4
REDEVELOPMENT AGENCY MEETING
ROLL CALL
ORAL COMMUNCATIONS
APPROVAL OF MINUTES
A.
Approve the minutes from the June 16,2003 meeting.
PUBLIC HEARING
B.
Review the Cupertino Redevelopment Agency Operating Budget for 2004-05.
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of
the meeting.
C f
CUPEIQ1NO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Monday, May 17,2004
ROLL CALL
City Council members present: Vice-Mayor Patrick Kwok, and Council members Richard
Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: Mayor Sandra James.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City
Attorney Charles Kilian, Community Development Director Steve Piasecki, Parks and
Recreation Director Therese Smith, Recreation Supervisors Christine Hanel, Don McCarthy,
Tom Walters, and Mike O'Dowd, and Deputy City Clerk Grace Schmidt.
At 5:03 p.m., Vice-Mayor Kwok called the meeting to order in Conference Room C of City Hall,
10300 Torre Avenue, Cupertino, California.
STUDY SESSION
1.
Conduct a study session and receive on an overview of the Parks and Recreation budget.
Parks and Recreation Director Therese Smith gave a PowerPoint presentation on the
overview of the Parks and Recreation budget. She said that 7% of the City's General
Fund expenditure goes to Parks and Recreation. She highlighted the five divisions within
Parks and Recreation; recreation programs that are paid for fto the General Fund and
Enterprise Funds; how staffing costs are allocated; current vacancies as of May 2004;
what is not included in the budget; revenue/expense by division and fund; department
reductions since midyear; how staffing costs are allocated; and which programs are
divided into full-cost recovery, partial-cost recovery, and full General Fund support.
Council and staff discussed festivals that the city subsidizes. Smith said that of the $6,000
out of pocket costs that the City pays, 1/6 goes toward Parks and Recreation expenses,
2/6 goes toward Public Works expenses, and 1/2 goes for Sheriff Department coverage.
Council discussed giving the responsibility for sheriff cost to the festival organizers.
Council also discussed ideas for helping the festivals to save money such as using
Community Emergency Response Team (CERT) and Cupertino Amateur Radio
Emergency Service (CARE) volunteers rather than sworn officers.
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May 17, 2004
Cupertino City Council
Page 2
Council briefly discussed the fireworks. Lowenthal suggested that the City give the
community a year's notice and encourage the community to £und its ovvn fireworks next
year.
Vice-Mayor Kwok asked for public comment and the following individuals spoke.
Frank Jelinch stated his support for the Shakespeare Festival. He said that once the
festival leaves Cupertino, it wouldn't come back because another city would take it up.
He encouraged Council to consider the festivals' 20-year history and keep the program.
Toby Leavitt, Executive Director of the Shakespeare Festival, said that Memorial Park is
the best venue for the Shakespeare Festival and that Cupertino has the best community
spirit. She said that the festival organizers raise $100,000 and receive $25,000 ftom the
City as a subsidy. This is not a fundraising event, and the amount only covers the cost of
the event. The festival is ftee to everyone, but a hat is passed at the end of the show. She
said that over 51 % of attendance is ftom Cupertino residents.
John Ennals also spoke in support of the Shakespeare Festival. He said that since the
event is in August, the organizers would need to be given notice as soon as possible in
order to make other arrangements.
Christine Kennedy-Pierce, Senior Commissioner, offered her support for the Shakespeare
Festival and the funding for the Senior Center Case Manager position.
Lucille Honig stated her support for the Cherry Blossom Festival. She said that the
festival is a fundraiser and that since its inception over 190 students have been sent to
Cupertino's Sister City, Toyokawa. She said that the Sister City relationship has brought
in 200 cherry trees to Memorial Park, lanterns throughout the City, a clock, and 20,000
trees for the library area.
Virgil Kline, representing the Toyokawa Sister City Committee, asked Council to give
consideration to festival seniority and especially the Cherry Blossom Festival. He said
that food booths at the event are non-profit so other local organizations also benefit.
Trisha Kline said that many friendships have been made through the Toyokawa student
exchange program.
RECESS
Council was in recess ftom 6:25 p.m. until 6:50 p.m.
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Vice-Mayor Kwok called the meeting to order in the Council Chambers, 10300
Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
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May 17,2004
Cupert;no C;ty Counca
Page 3
ROLL CALL
City Council members present: Vice-Mayor Patrick Kwok, and Council members Richard
Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: Mayor Sandra James.
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, Recreation Supervisor
Christine Hanel, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS
The City Clerk announced that the Council had viewed a thank-you card from the Portal School
students for the class on water pollution and creek protection.
ORAL COMMUNICATIONS
Dennis Whittaker, representing the Concerned Citizens for Cupertino (CCC), said he wished to
clarify misrepresentations in the May 5 editorial in the Cupertino Courier by a council member.
Whittaker read portions of the editorial and also talked about current and future impacts on the
schools as a result of additional housing developments and the potential impacts on views as a
result of taller buildings and schools. Council member Lowenthal responded that he stood by his
statement about the theaters not being allowed in their original location if the initiatives passed.
Lowenthal also said that the Cupertino Chamber of Commerce had voted unanimously to oppose
the initiatives because they were bad for business.
Santa Clara County Sheriffs Captain John Hirokawa said that an identity theft forum, would be
presented free of charge on May 27, 5:30 p.m. to 8:30 p.m., at the Quinlan Community Center.
He said that the forum was sponsored by the Sheriffs Office and the City of Cupertino, and
presenters would include members of the Sheriffs Office, the joint terrorism task force, the
computer high-tech task force, and the U.S. Postal Service.
CONSENT CALENDAR
Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as
recommended, with the exception of item No.2, which was pulled for discussion. Vote: Ayes:
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James.
3.
Adopt resolutions accepting Accounts Payable for April 30 and May 7, Resolution Nos.
04-309 and 04-310.
4.
Adopt a resolution accepting Payroll for May 7, Resolution No. 04-311.
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Cupert;no C;ty Counc;¡
May 17, 2004
5.
6.
7.
8.
Page 4
Accept the Treasurer's Budget Report for March 2004.
Accept applications for an Alcoholic Beverage License:
a)
b)
Dynasty Seafood Restaurant, 10123 N. Wolfe Rd., Ste. 1688
Coach House Wine and Liquors, 1655 S. De Anza Blvd.
Adopt a resolution authorizing a request to the Metropolitan Transportation Commission
for an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle
Project grant funding for the Mary Avenue Bicycle Footbridge, in the amount of
$63,317.00, Resolution No. 04-312.
Adopt a resolution authorizing the City Manager to execute a Waiver of Claims and
Indemnification Agreement between the City and the Metropolitan Transportation
Commission (MTC) for the City to receive consultant services at no cost to the City for a
joint Regional Signal Timing Program (RSTP) traffic signal timing study along De Anza
Boulevard and Saratoga-Sunnyvale Road with the City of Sunnyvale, Resolution No. 04-
313.
9.
Adopt a resolution approving the First Amendment to Agency Agreement for countywide
Household Waste Collection Program, Resolution No. 04-314.
10.
Accept city projects performed under contract (No documentation in packet):
a)
De Anza Boulevard Advanced Traffic Management System (ATMS), Project No.
9534, VCI Telcom, Inc.
b)
Cupertino Adaptive Traffic Control System, Project No. 9535, Republic Electric
11.
Adopt a resolution supporting California's law to reduce global warming pollution,
Resolution No. 04-315.
12.
Adopt a resolution approving the Parcel map and Improvement Plans, Lands of Debcor,
Inc., 1358 South Stelling Road, APN 366-17-098, Resolution No. 04-316.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
2.
Approve the minutes from the April 27, May 3 and 4 City Council meetings.
LowenthallWang moved and seconded to approve the minutes with amendments to the
April 27 minutes, to reflect Kris Wang absent, and the May 3 minutes, to expand upon
comments by Patrick Kwok on page two and Richard Lowenthal on page six. Vote: Ayes:
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James.
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May 17,2004
Cupertino City Council
Page 5
PUBLIC HEARINGS
13.
Conduct a public hearing and receive recommendation from the Parks and Recreation
Commission regarding a name for the park/plaza at the comer of Stevens Creek and De
Anza Boulevards.
Parks and Recreation Director Therese Smith said that the Parks and Recreation
Commission held a public hearing, and no individuals wished to speak. The commission
recommends the name of Cali Mill Plaza in recognition of the historic granary that had
been located on that site.
Barbara Rogers spoke in favor ofthis recommendation. She said that the Cali family was
the first in this area, and they had been good citizens throughout the years.
The public hearing was closed at 7:06 p.m.
Lowenthal/Sandoval moved and seconded to name the area at the corner of Stevens Creek
and DeAnza Boulevards "Cali Mill Plaza." Vote: Ayes: Kwok, Lowenthal, Sandoval,
and Wang. Noes: None. Absent: James.
Sandoval noted that this name complies with the City's naming policy to recognize
people in this community who have given great service to the city and residents of
Cupertino.
UNFINISHED BUSINESS - None
NEW BUSINESS
14.
Adopt a resolution authorizing the City Manager to negotiate and execute a Non-
Exclusive Installation and Service Agreement between the City and MetroFi, Inc. for the
installation of a wireless communications system throughout the City, and any associated
agreements with PG&E that may be necessary, Resolution No. 04-317.
Rick Kitson, Public Information Officer, said the Telecommunications Commission had
seen a presentation on this topic previously, and were very supportive.
Council member Sandoval said that the Council should continue to monitor discussions at
the national level regarding taxing broadband Internet access, because there may be a
threat to a crucial state and local revenue streams.
Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04-317. Vote: Ayes:
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James.
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May 17,2004
Cupertino City Council
Page 6
15.
Review bids and award a contract for the Civic Center and Library Furniture Project,
Project 2004-03 to the low bidder, and accept Add Alternates as appropriate.
Public Works Director Ralph Qualls reviewed a staff report handed out at the meeting
dated May 17,2004, for this item.
Nicol Lea, Library Campaign Project Coordinator, said this is a great bid for the
furniture, and she thanked the staff, City Manager, and Council for their leadership. She
said that donors can get information about the fund-raising campaign by visiting
www.cupertinolibrary.org and anyone is welcome to join the campaign. She said that on
Wednesday, 11 :30 a.m. at City Hall, there will be an event to recognize the donors.
Lowenthal/Sandoval moved and seconded to award the Civic Center and Library
Furniture, Project No. 2004-03, to One Workplace L. ferrari, LLC, including Add
Alternate No.8, for a total contract amount of $685,651.00. Vote: Ayes: Kwok,
Lowenthal, Sandoval, and Wang. Noes: None. Absent: James.
16.
Review bids and award a contract to the lowest responsive and responsible bidder, Toll
Architectural Graphics, in the amount of $84,786.00 for the Civic Center and Library
Project for Signage.
Public Works Director Ralph Qualls reviewed a staff report handed out at the meeting
dated May 17,2004, for this item.
Council members discussed whether the Cupertino Community Hall signage should also
reflect that it is the Council Chambers.
Nicol Lea, Library Campaign Project Coordinator suggested that the Council review how
the signs will look and where they will be placed. She explained it was important for the
campaign to be able to honor their verbal commitments to the donors in terms of donor
recognition. She also asked for a letter or intent or written agreement which states that the
library has first right of refusal to for use of the community hall without a fee. She said
that the committee is looking for less expensive options for donor recognition, since the
original estimate was $150,000, but that they will make sure that donors of $1,000 or
more will be recognized in the Library.
Sandoval/Lowenthal moved and seconded to award the contract to Toll Architectural
Graphics in the amount of $84,786.00 for the Civic Center and Library Project Signage,
and directed staff to have the architects prepare mockups of both exterior and interior
signage for Council review, including an example of an exterior sign with the words
"Community Hall" in large letters and "Council Chambers" in smaller letters. Vote:
Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James.
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May 17,2004
Cupert;no City Council
Page 7
17.
Adopt a resolution authorizing the City Manager to sign an Electric Program Windup
Agreement with ABAG Power, Resolution No. 04-318.
Lowenthal/Wang moved and seconded to adopt Resolution No. 04-318. Vote: Ayes:
Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James.
18.
Consider canceling the regular meeting of August 2, 2004. (No documentation in packet).
Lowenthal/Wang moved and seconded to cancel the regular Council meeting of August
2, 2004. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent:
James.
ORDINANCES - None
STAFF REPORTS
19.
Receive a report on a potential Santa Clara Valley Water District partnership for stream
rehabilitation.
Parks and Recreation Director Therese Smith reviewed her staff report and slides. She
said the Water District has a number of commitments that may be satisfied through a
partnership with Cupertino, including habitat restoration and water supply management in
the stream reach between the Stevens Creek reservoir and Highway 280, which includes
the Blackberry Farm area. She reviewed the joint project goals, which included
developing a master plan for the corridor that incorporates the restoration plan and that
maximizes a sustainable ecosystem. Smith said that the Water District board will review
this proposal in June, and if they agree the matter will be brought back to the City
Council in the fall.
Council received the report.
20.
Receive a report on Teen Center use.
Christine Hanel, Recreation Supervisor for the Youth and Teen division, gave an update
on teen center usage and distributed charts illustrating attendance statistics. She said that
the Teen Commission provided significant input regarding policies and procedures, as
well as helping to select the television, computers, and snack bar foods. They also
changed the age requirements to permit students from 8th through 12th grades instead of
restricting attendance by age. She highlighted information from the evaluation forms,
and said the attendees have been polite and respectful and there have been no discipline
issues. Hanel noted that effective July 1, there will be a fee charged for non-residents,
which comprise about 12% of the attendees. She said that staff is also beginning to
promote the center for rentals. The Teen Commission meets on the first Monday and third
Wednesday of the month at the Sports Center conference room at 6 p.m., and more
information on the commission is available from www.cupertinoteens.org
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May 17,2004
Cupertino City Council
Page 8
21.
Receive status report on General Fund Revenue and Expenditures. (No documentation in
packet).
Administrative Services Director Carol Atwood said the financial situation is relatively
unchanged from last month. As of the end of Apri12004, revenues are down $1.6 million
compared to last year, but half ofthat is the vehicle license fee take-away. Also, sales tax
revenue is down as is the city's interest on its portfolio. Atwood said that the
departments have been saving money and expenditures are under budget by $1.2 million,
so the net difference is $400,000. She said that the Governor's proposed budget would
claim an additional $625,000 from the city in the next two fiscal years, with a promise to
pay back 71 % of that in the third fiscal year.
Public Works Director Ralph Qualls reported in more detail on the League of California
Cities' Local Taxpayers and Public Safety Protection Act, which has qualified for the
ballot, and the compromise proposed by Governor Schwarzenegger.
COUNCIL REPORTS
Counci] members highlighted the activities of their meetings, committees and various
community events, including the following: The graduation ceremony for the Sheriffs Teen
Academy; the Asian-American Leadership Academy in Washington D.c.; the community fund-
raising effort for the library; the fish-a-thon for disabled children at Stevens Creek reservoir; a
taping for The Better Part senior programming at the new studio in Mountain View regarding the
Lunar New Year Unity Parade; the Cupertino Chamber of Commerce mixer at the Hilton Garden
Inn; and the World Journal Mother's Day festival. Council members also highlighted upcoming
events including on Wednesday, the CREST awards (Cupertino Recognizes Extra Steps Taken)
and a press release regarding library fundraising, and the budget study session next Monday.
CLOSED SESSION - None
ADJOURNMENT
At 8:37 p.m. the meeting was adjourned to Monday, May 24 at 3:30 p.m. for a budget advisory
session in City Hall Conference Room C, 10300 Torre Avenue.
Kimberly Smith, City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223, and also on the Internet at
www.cupertino:2!:,g. Click on Agendas & Minutesl City Councill 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.
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CITY OF
CUPERJINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Monday, May 24, 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, Community Development Director Steve Piasecki, Parks and
Recreation Director Therese Smith, Finance Manager Carol Augustine, and Deputy City Clerk
Grace Schmidt.
At 3:34 p.m., Mayor James called the meeting to order in the Council Chambers of City Hall,
10300 Torre Avenue, Cupertino, California.
STUDY SESSION
1.
Study session on the 2004-2005 budget.
City Manager David Knapp highlighted the budget status and the prognosis for next year.
He summarized the status of financial impacts on the city, including sales tax, hotel tax,
utility users tax, vehicle license fees, interest earnings, and State raids on City funds. He
noted that expenses that are up, explained that vacant positions that won't be filled, and
discussed program cuts. He said that the City would need to find new revenue sources or
curtail service levels.
Administrative Services Director Carol Atwood showed a PowerPoint presentation that
provided an overview of the budget and highlighted budget projections ftom 2003-04 and
2004-05, General Fund trends, changes in programs, and the projected Reserve Fund.
Public Works Director Ralph Qualls reviewed the State's budget proposal and how it
would impact the city.
Atwood reviewed the departmental budgets and the proposal to implement a 911 Access
Fee.
Parks and Recreation Director Therese Smith, Community Development Director Steve
Piasecki, and Public Works Director Ralph Qualls reviewed their specific departmental
budgets.
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May 24, 2004
Cupert:no C;ly Counca
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Qualls reviewed the staff report on weekly single-stream recycling and the Capital
Improvement Projects (CIP) budget. Council directed staff to bring the weekly recycling
item back on June 7. Council also directed staff to bring back the CIP items regarding the
U-turn at Prospect and Saratoga/Sunnyvale Rd. to see if it could be done less
expensively; to put Elm Court on the unfunded list and possibly make it a Special
Assessment District; to try to obtain grant money, including money from the Valley
Transportation Authority (VTA), for the Mary Avenue Crosswalk; to investigate ways to
obtain grants, and defer projects if necessary; to try to obtain grant money for the
Lawrence Expressway- Mitty crossing as a possible Safe Routes to School and the
possibility of joining with other entities including VTA; and to bring back a priority list
ofCIP projects.
RECESS
The City Council was in recess from 5:55 p.m. to 6:33 p.m.
At 6:33 p.m. the Mayor called for public comments.
Mavis Smith, Senior Citizens Commissioner, said that the Case Manager position at the
Senior Center was very important. She said she had some ideas to help fund this position
very inexpensively. She also supported the Block Leader program as a crime prevention
program in the community.
Knapp and City Attorney Charles Kilian reviewed the memo on potential partial pre-
payment of Kilian's housing loan. Council directed staff to bring this item back to
Council on June 7.
Kwok said he was concerned about dipping into the Economic Uncertainty Reserve Fund
and he would like to examine service levels and efficiencies. He said he would like to
fund the Case Manager position in order to receive $20,000 matching grant monies ftom
the County. He supported the festivals as cultural events, but wanted to waive the City
facility "in kind costs" only and not the out-of-pocket costs. He said he would like to
consider cutting the $30,000 for translation costs, and he said the CIP budget was
acceptable. Kwok said he preferred not to defer maintenance costs because the city ends
up paying more money later. He also wanted to look into cutting costs in the City
Attorney's office and Teen Center support staff.
Sandoval said she was concerned with using one-time dollars for on-going expenses and
would like to be able to leverage grant money through other organizations. She said she
was not optimistic about the State paying back money it had taken, and the City may have
to pick up the costs. She said she would like to consider fees, such as the 911 Access Fee,
Blackberry Farm Golf Course fee, and a fee differential for non-residents, especially for
parking at the Senior Center. She supported the festivals as an important service that is
provided to the community, and suggested restricting funding on actual payments, but
continuing in- lieu costs. She asked staff to research the minutes regarding having
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May 24, 2004
Cupert:no C;ty Council
Page 3
different public forums for the budget. She suggested taking out advertising space in the
Courier to advertise the budget hearings and change in programs.
Wang said that there is a need to generate more revenue rather than just looking at cutting
expenditures. She said she supported the community festivals and agreed with Sandoval
and Kwok on cutting actual costs but continuing to help with in-lieu facility costs. She
said that the Parks and Recreation Department needed to be more self-supporting by
generating more revenue. She said she would like to fill the Case Manager position and to
have staff analyze that position versus all the current vacancies to see which would most
benefit the community. She also asked staff to review the costs of running the Teen
Center.
Lowenthal suggested reducing the Teen Center costs by having only one staff person
instead of two. He said he would like to examine the 5 C's and Block Leader programs in
detail, and to compare them with other valuable programs that are currently being cut. He
said that for 2005 he would like to reduce the City's funding of the fireworks by half, and
give the community a chance to raise additional funds. He said he wanted to look
examine costs associated with the Community Access Channel, the Government Channel,
and the city's web site to be sure they are providing what the community desires. He
suggested that the Scene be emailed to residents as a cost-cutting measure, rather than
delivered by the postal service. He wondered what Cupertino gets for the money spent on
emergency preparedness. He supported the sale of City property and was in favor of
increasing fees for non-residents at City facilities. He said he was opposed to the 911
Access Fee since it is a way to tax people without their knowing about it. He supported
the festivals because they are a bargain for the City and are good for the community. He
suggested not charging the festival coordinators for opportunity costs, but instead give
them options and allow them to use volunteers to cut Sheriff costs. He said that cutting
the DARE program, the School Resource Officers, and the Case Manager position would
hurt the community the most.
James suggested using qualified volunteers to fill the Case Manager position. She said
she doesn't support the 911 Access Fee because the City is sending the wrong message to
the community. She said that the DARE program, School Resource Officers, and the
Case Manager position are very important. She said that in general she was opposed to
using one-time money to fund on-going personnel costs, but to use that money to fund
current positions is fine. She agreed with Kwok regarding the festivals and wondered how
the City could justify cutting law enforcement and case management to fund the festivals.
She agreed that the City should support the festivals in good times, but now the
organizers would have to pay for their own operating costs and for sheriff expenses. She
said that she would like to see the translation services continue for Chinese press
translation. She agreed that the Teen Center could cut costs by using only one full-time
staff person and utilize other staff for emergencies. She said she would like to see what
the services are provided by the Community Outreach programs. She agreed that
em ailing the Scene would be good to cut postage costs, and she supported selling the City
property.
L{-II
May 24,2004
Cupertino City Counc;¡
Page 4
ORAL COMMUNICATIONS - None
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.
ADJOURNMENT
At 7:30 p.m. the meeting was adjourned to Tuesday, June I at 3:00 p.m. for Teen Commission
interviews, Sports Center Conference Room, 21111 Stevens Creek Blvd., Cupertino, CA 95014.
Grace Schmidt, 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 Internet at
www.cupertino.org. Click on Agendas & Minutesl 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.
L{ -{ ;}-
CITY OF
CUPEIQ1NO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, June 1,2004
ROLL CALL
At 3:09 p.m. Acting Mayor Lowenthal called the meeting to order in the Cupertino Sports Center
Conference Room, 21111 Stevens Creek Blvd., Cupertino, California.
City Council members present: Council members Richard Lowenthal, Dolly Sandoval, and Kris
Wang. Council members absent: Mayor James and Vice-Mayor Kwok.
Staff present: City Manager David Knapp and Deputy City Clerk Grace Schmidt.
TEEN COMMISSION INTERVIEWS
1.
Interview applicants for the Cupertino Teen Commission.
Council interviewed 25 teens from grades eight through twelve. The following 4
individuals were appointed to 2-year terms:
Kim June
Sinan Zafar
Addar Weintraub
Nathaniel Fung
Two positions were held open and teens ftom Hyde Middle School and Homestead High
School will be interviewed at a later date.
ADJOURNMENT
At 6:45 p.m. the meeting was adjourned.
Grace Schmidt, Deputy City Clerk
C{ ~( ')
DRAFT
RESOLUTION NO. 04-319
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 DESCRffiED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
MA Y 14, 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 "An.
CERTIFIED:
~ {J Œfwv--vJ
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~day of June , 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
5-1
05/13/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/IO/2004" and "05/14/2004"
FUND - 110 - GENERAL FUND
CASH ACcr CHECK NO
ISSUE DT _nn_---_nnVENDORn_-_nnnn FUND/DEPT
1020 608025 05/11/04 3165 INTERTILE 4239222
1020 608026 05/14/04 M20O4 AARON FRIEDMAN 1106343
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108501
1020 608027 05/14/04 9 ABA!) POWER PURCHASING PO 1108509
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108507
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108506
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108508
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 5708510
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108505
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108504
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 5606620
1020 608027 05/14/04 9 ABAG POWER PURCHASING PO 1108503
TOTAL CHECK
1020 608028 05/14/04 29 LYNNE DIANE AITKEN 5806449
1020 608029 05/14/04 2276 ALHAMBRA 1104510
1020 608029 05/14/04 2276 ALHAMBRA 1104510
1020 608029 OS/14/O4 2276 ALHAMBRA 1106265
TOTAL CHECK
1020 608030 05/14/04 34 ALL CHEMICAL DISPOSAL IN 11080OS
1020 608031 OS/14/04 2319 ALL CITY MANAGEMENT SERV 1108201
1020 608032 05/14/04 2330 AMERICAN INDUSTRIAL SUPP 1108314
1020 608033 05/14/04 M ARAL, GURCAN 580
1020 608034 05/14/04 2298 ARCH WIRELESS 1106265
1020 608034 05/14/04 2298 ARCH WIRELESS 1108501
1020 608034 OS/14/04 2298 ARCH WIRELESS 1108602
1020 608034 05/14/04 2298 ARCH WIRELESS 1104400
TOTAL CHECK
1020 608035 05/14/04 96 ARROWHEAD MTN SPRING WAT 5606620
1020 608036 05/14/04 M BAINS, KULVINDER 580
1020 608037 05/14/04 968 BAP AUTO PARTS 6308840
1020 608037 05/14/04 968 BAP AUTO PARTS 6308840
1020 608037 05/14/04 968 BAF AUTO PARTS 6308840
1020 608037 05/14/04 968 BAP AUTO PARTS 6308840
1020 608037 05/14/04 968 BAP AUTO PARTS 6308840
1020 608037 05/14/04 968 BAP AUTO PARTS 6308840
1020 608037 05/14/04 968 BAP AUTO PARTS 6308840
TOTAL CHECK
1020
608038
05/14/04 2013
BAY AREA DISTRIBUTING CO 2708404
RUN DATE OS/13/O4 TIME 15,53,52
n - nDESCRIPTIONnn_-
SALES TAX
DEPOSIT CC PLAZA TILE 0.00
TEEN CENTER G!\MES 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
MAY 2004 & TRUE UP 0.00
0.00
SERVICE AGREEMENT FOR 0.00
EMPLOYEE BOTTLED WTR 0.00
EMPLOYEE BOTTLED WTR 0.00
FY 2003-2004 OPEN PURC 0.00
0.00
WASTE DISPOSAL 0.00
CRDSS GUARDS MAY 2004 0.00
SUPPLIES A254O1 0.00
Refund, Check - Retrun 0.00
61870762 5/02-6/01 0.00
61870762 5/02-6/01 0.00
61870762 5/02-6/01 0.00
61870762 5/02-6/01 0.00
0.00
BOTTLED DRINKING WTR 0.00
Refund, Check - SUMMER 0.00
FY 2003-2004 DPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
0.00
CARE CLEANER A25481 0.00
- FINANCIAL ACCOUNTING
~
PAGE 1
!\MOUNT
34477.00
54.10
1342.39
63.35
392.55
130.93
59.27
663.15
251. 08
2179.21
787.65
772.42
6642.00
280.00
145.15
193.00
77.80
415.95
3930.39
7487 .40
497.28
750.00
74.21
38.37
45.09
18.73
176.40
113.90
80.00
24.94
45.40
17.19
45.78
128.28
89.50
38.72
389.81
327.60
)'-J-
05/13/04
ACCOUNTING PERIOD, '1/04
CITY OF CUPERTINO
CHECK REGISTER - DISSURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/10/2004" and "05/H/2004"
FUND - '10 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT nnnn_-----VENDOR-hn_n_nn FUND/DEPT
1020 6OSO39 05/14/04 2614 BESAM AUTOMATED ENTRANCE 1108505
1020 608040 05/14/04 2934 BINDVIEW CORPORATION 6104800
1020 608041 05/14/04 3063 DINA BISTRY 5806449
1020 608042 05/14/04 100 BMI IMAGING SYSTEMS 1104300
1020 608043 05/14/04 1712 BOETHING TREELAND FARMS 4239222
1020 608044 05/14/04 M BRDCKSTEIN. SILVIA seD
1020 6OSO45 05/14/04 133 CAL-LINE EQUIPMENT CO IN 6308840
1020 608045 05/14/04 133 CAL-LlNE EQUIPMENT CO IN 6308840
TOTAL CHECK
1020 608046 05/14/04 124 CALIFORNIA SAFETY & CLEA 6308840
1020 6OSO47 05/14/04 809 CALIFORNIA SPORT OESIGN 1106343
1020 6OSO47 05/14/04 809 CALIFORNIA SPORT DESIGN 1106342
TOTAL CHECK
1020 6OSO48 05/14/04 148 CASH 1108503
1020 6OSO48 05/14/04 148 CASH 6308840
1020 6OSO48 05/14/04 148 CASH 1108303
1020 608048 05/14/04 148 CASH 1108505
1020 6OSO48 05/14/04 148 CASH 1108201
TOTAL CHECK
1020 608049 05/14/04 149 CASH 1104310
1020 6OSO49 05/14/04 149 CASH 1104400
1020 608049 05/14/04 149 CASH 1104530
1020 608049 05/14/04 149 CASH 1107200
1020 608049 OS/14/04 149 CASH 1107301
1020 6OSO49 05/14/04 149 CASH 1108101
1020 6OSO49 05/14/04 149 CASH 2204011
1020 608049 05/14/04 149 CASH 1101060
1020 6OSO49 05/14/04 149 CASH 1100000
TOTAL CHECK
1020 6OSO50 05/14/04 155 CENTRAL WHOLESALE NORSER 1108303
1020 6OSO51 05/14/04 M CHANG, MICHAEL 5SO
1020 6OSO52 05/14/04 M CHANG. PATRICK seo
1020 608053 05/14/04 166 KIMBERLY MARIE CLARK 5SO6449
1020 608054 05/14/04 173 COCA-COLA BOTTLING OF CA 5606620
1020 6OSO54 05/14/04 173 COCA-COLA BOITLING OF CA 5706450
RUN OATE 05/13/04 TIME 15,53,52
--u-DESCRIPTIONnn --
MAINTENANCE TO 3/22/5
YEARLY MAINTENANCE
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PURC
CC AND LIBRARY TREES.
Refund, Check SPRING
SHARPEN BLADES A25470
SHARPEN BLADES A25470
SUPPLIES 20239
STAFF/VOLUNTEER SHIRT
STAFF/VOLUNTEER SHIRT
P. CASH 5/03-5/10
P. CASH 5/03-5/10
P. CASH 5/03-5/10
P. CASH 5/03-5/10
P. CASH 5/03-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
P.CASH 5/05-5/10
LANDSCAPE SPLY A25488
Refund, Check Return
Refund, Check SUMMER
SERVICE AGREEMENT FOR
FY 2003-2004 OPEN PORC
FY 2003-2004 OPEN PURC
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 2
AMOUNT
530.00
2208.54
228.SO
103.52
29038.35
17 .50
SO.OO
75.00
155.00
48.71
473.89
2714.46
3188.35
4.33
4.00
12.96
31. 74
9.39
62.42
22.39
14.17
18.92
40.00
60.00
23.se
32.84
14.99
-5.02
221.87
243.35
300.00
25.00
166.50
2447.10
432.07
)'-3
05/l3/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
SELECTION CRITERIA, transact-trans_date between "05/IO/2004" and "05/14/2004"
CHECK REGISTER - DISBURSEMENT FUND
CASH ACCT CHECK NO
FUND - 110 - GENERAL FUND
TOTAL CHECK
1020
1020
6OSO55
60SO55
6OS055
6OS055
1020
1020
1020 6OSO55
TOTAL CHECK
1020 6OSO56
1020 608057
1020 6OSO58
1020 6OSO59
1020 6OSO60
1020 608061
1020 6OS062
1020 6OSO62
TOTAL CHECK
1020 6OSO63
1020 6OSO64
1020 6OSO65
1020 60 SO 66
1020 6OSO67
1020 60 SO 68
1020 60 SO 68
TOTAL CHECK
1020
608069
1020 60 SO 69
1020 6OSO69
TOTAL CHECK
1020 6OSO70
1020 6OSO70
TOTAL CHECK
1020
6OSO71
1020
60 SO 72
ISSUE DT uuhu_uu-VENDORu--huu_u FUND/DEPT
05/14/04 175
05/14/04 175
05/14/04 175
05/14/04 175
05/14/04 175
05/14/04 3100
05/14/04 2857
05/14/04 3032
05/14/04 M
05/14/04 1194
05/14/04 192
05/14/04 194
05/14/04 194
05/14/04 2230
05/14/04 3163
05/14/04 M
05/14/04 890
05/14/04 M2004
05/14/04 1596
05/14/04 1596
05/14/04 850
05/14/04 850
05/14/04 B50
05/14/04 1242
OS/14/04 1242
05/14/04 220
05/14/04 2113
RUN DATE 05/13/04 TIME 15,53,53
COCA-COLA USA
COCA-COLA USA
COCA-COLA USA
COCA-COLA USA
COCA-COLA USA
5606620
5606620
5606620
5606620
5606620
COMCAST
57OS510
CONCUR INC
2159620
CONSTRUCTION TESTING SER 4239222
CORRADI, JEAN
5SO
COURTESY TOW
6308840
CUPERTINO MEDICAL CENTER 5B06449
CUPERTINO SUPPLY INC
CUPERTINO SUPPLY INC
57OS510
5606660
NANCY CZOSEK
1101070
DATACOMPUTER PRODUCTS
6104SO0
DE ANZA LIONS CLUB OF CU 580
DE ANZA PRINTING SERVICE 4239222
DEREK FLUKER
110
DESIGN IN WOOD FURNITURE 5706450
DESIGN IN WOOD FURNITURE 5706450
DIDDAMS AMAZING PARTY ST 5SO6349
DIDDAMS AMAZING PARTY ST 1101060
DIDDAMS AMAZING PARTY ST 1101060
DIGITAL PRINT IMPRESSION 1104510
DIGITAL PRINT IMPRESSION 1107301
DISCOUNT SCHOOL SUPPLY
5SO6349
DLT SOLUTIONS INC
6104SO0
-huDESCRIPTION-u_h
FOUNTAIN MACHINE SERV
FOUNTAIN MACHINE SERV
FOUNTAIN MACHINE SERV
FOUNTAIN MACHINE SERV
FOUNTAIN MACHINE SERV
5/07-6/06 SERVICE
SERVICE 4/01-4/30/04
PUBLIC WORKS CONTRACT
Refund, Check - SPRING
FY 2003-2004 OPEN PURC
TB/E. GRIFFIN
SUPPLIES
SUPPLIES
COMMN STUDY SESSION
CD CLEANING KIT AND PR
REFD, 267361 & 267362
BOOKMARKS/LIBRARY
REFD UNUSED ARBOR DPS
DELIVERY/SET-UP CHRG
COURT FURNITURE
SUPPLIES 25515
BALLOONS A25726
BALLOONS A25722
EMPLOYMENT APPS IlK)
B. CARDS/C. WORDELL
SUPPLIES A25721
REF,1941lO ITAK)
SALES TAK
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O. 00
- FINANCIAL ACCOUNTING
PAGE 3
AMOUNT
2879.17
21.65
21. 65
21.65
21.65
21.65
IOS.25
91. 90
32317.50
168.00
349.00
85.00
15.00
1457.13
126 .10
1583.23
B6 .06
616.50
ISO. 00
207.00
160.40
392.00
B4B6 .SO
887B .SO
49.12
29.20
29.20
107.52
7B4.75
6B. 04
B52.79
76.64
7B.71
5'-L(
05/13/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
PAGE 4
SELECTION CRITERIA, transact-trans_date between "05/10/2004" and "05/14/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUND/DEPT
-----DESCRIPTION-- -_h
SALES TAX
AMOUNT
1020 608073 05/14/04 3031 DOGGIE WALK BAGS, INC. 1108314 DISPENSER BAGS 0.00 895.64
1020 608073 05/14/04 3031 DOGGIE WALK BAGS, INC. 1108315 DISPENSER BAGS 0.00 895.64
1020 608073 05/14/04 3031 DOGGIE WALK BAGS, INC. 1108303 DISPENSER BAGS 0.00 895.64
TOTAL CHECK 0.00 2686.92
1020 608074 05/14/04 2664 KATHLEEN DUTRA 5806449 SERVICE AGREEMENT FOR 0.00 504. 00
1020 608075 05/14/04 3083 DYNAMIC GRAPHICS. INC. 1103400 LIQUID LBRY SUBSCRIPT 0.00 79. 00
1020 608076 05/14/04 233 ECONOMIC DRIVING SCHOOL 5806249 SERVICE AGREEMENT FOR 0.00 3010 .00
1020 608077 05/14/04 249 ESBRO CHEMICAL 5606620 FY 2003-2004 OPEN PURC 0.00 372 .18
1020 608077 05/14/04 249 ESBRO CHEMICAL 5606620 FY 2003-2004 OPEN PURC 0.00 431. 28
TOTAL CHECK O. 00 803.46
1020 608078 05/14/04 250 EUPHRAT MUSEUM OF ART 5806249 SERVICE AGREEMENT FOR 0.00 3570 .50
1020 608079 05/14/04 1949 EVENT SERVICES 1108503 RENTAL 4/01-4/30/04 0.00 162.38
1020 608080 05/14/04 260 FEDERAL EXPRESS CORP 1108601 COURIER SERVICE 0.00 19.70
1020 608080 05/14/04 260 FEDERAL EXPRESS CORP 1104330 COURIER SERVICE 0.00 18.42
TOTAL CHECK 0.00 38 .12
1020 608081 05/14/04 2558 FEET FIRST ENTERTAINMENT 5806349 JR HIGH DANCE DJ 5/12 0.00 380. 00
1020 608082 05/14/04 3062 JULIA FENG 5806449 SERVICE AGREEMENT FOR 0.00 911.11
1020 608083 05/14/04 2619 GENEVIEVE FIRE 2308004 SERVICE 3/01-4/30/04 0.00 5700.00
1020 608084 05/14/04 2361 FIRST SANKCARD 6109856 EXABYTE ORDER 0.00 6063 .62
1020 608085 05/14/04 262 FIRST PLACE INC 1104300 NAME PLATES 17134 0.00 22.24
1020 608086 05/14/04 818 BEACON FIRE « SAFETY, LP 5606620 SYSTEM SERVICE 0.00 971.65
1020 608087 05/14/04 268 FOSTER BROS SECURITY SYS 1108503 KEY/LOCK SUPPLIES 0.00 104.18
1020 608087 05/14/04 268 FOSTER BROS SECURITY SYS 1108303 KEY/LOCK SUPPLIES 0.00 248.78
TOTAL CHECK 0.00 352.96
1020 608088 05/14/04 1571 FUEL FILTRATION 1108005 FUEL STORAGE TANK SERV 0.00 4990.00
1020 608089 05/14/04 2476 GARDEN EQUIPMENT CLINIC 1108503 SUPPLIES 0.00 131. 31
1020 608089 05/14/04 2476 GARDEN EQUIPMENT CLINIC 1108201 SUPPLIES 0.00 1379.59
TOTAL CHECK 0.00 1510.90
1020 608090 05/14/04 776 GCS WESTERN POWER « EQUI 6308840 PARTS A25429 0.00 400.63
1020 608091 05/14/04 1489 GODBE RESEARCH « ANALYSI 1103300 COMMUNITY SURVEY 2004 0.00 11172.50
1020 608092 05/14/04 1741 GOVCONNECTION, INC. 1107405 ADOBE ACROBAT PROF EXE 0.00 423.26
RUN DATE 05/13/04 TIME 15 ,53,53 - FINANCIAL ACCOUNTING
s--)
05/13/04
CITY OF CUPERTINO
PAGE 5
ACCOUNTING PERIOD, 11/04
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/10/200'" and "05/14/200'"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT nn__n---n-VENDORn-n-n-n_- FUND/DEPT - - - --DESCRIPTION-h- n SALES TAX AMOUNT
1020 608092 05/14/04 1741 GOVCONNEC'rION. INC. 6104800 ADOSE ACROBAT PROF EXE 0.00 1839.70
TOTAL CHECK 0.00 2262.96
1020 608093 05/14/04 298 GRAINGER INC 1108312 PARTS/SUPPLIES 20346 0.00 45.93
1020 608093 05/14/04 298 GRAINGER INC 1108312 PARTS/SUPPLIES 20347 0.00 45.93
TOTAL CHECK O. 00 91.86
1020 608094 05/14/04 899 GUZZARDO, ASSOCIATES IN 1108101 SERVICE AGREEMENT FOR 0.00 1841.82
1020 608095 05/14/04 315 JILL HAFF 5806449 SERVICE AGREEMENT FOR 0.00 350.00
1020 608096 05/14/04 3026 HEALTH CARE DENTAL TRUST 110 UNREP 1539-0004 0.00 3723.02
1020 608096 05/14/04 3026 HEALTH CARE DENTAL TRUST 110 CEA 1539-0006 O. 00 5978.94
1020 608096 05/14/04 3026 HEALTH CARE DENTAL TRUST 110 OE3 1539-0005 0.00 4117.68
TOTAL CHECK O. 00 13B19.64
1020 608097 05/14/04 1235 HIGHMARK LIFE INSURANCE 110 LIFE AD. D 0.00 9256.52
1020 608097 05/14/04 1235 HIGHMARK LIFE INSURANCE 6414570 LTD 0.00 7459.53
1020 608097 05/14/04 1235 HIGHMARK LIFE INSURANCE 110 LIFE AD. D 0.00 9271.52
1020 608097 05/14/04 1235 HIGHMARK LIFE INSURANCE 6414570 LTD 0.00 8423.33
TOTAL CHECK 0.00 34410.90
1020 608098 05/14/04 334 HOME DEPOT CREDIT SERVIC 5606640 SUPPLIES 15999 O. 00 452.82
1020 608099 05/14/04 2299 ROBERT WOSLEY 1108201 HAZWOP REFRESSHER CLS 0.00 1100.00
1020 608100 05/14/04 995 INSERV COMPJ\NY 1108504 WATER TRTMNT MAY 2004 0.00 211.63
1020 608100 05/14/04 995 INSERV COMPJ\NY 1108501 WATER TRTMNT MAY 2004 O. 00 211.63
TOTAL CHECK O. 00 423.26
1020 608101 05/14/04 353 IRON MOUNTAIN 1104300 RECORDS STORAGE 0.00 519.09
1020 608102 05/14/04 3085 J.J.R. CONSTRUC'rION INC 2708403 PUBLIC WORKS CONTRACT O. 00 93725.41
1020 608103 05/14/04 1934 JIM'S REFRIGERATION 5606620 FREEZER SERVICE 0.00 350.00
1020 608104 05/14/04 2285 KATHRYN KELLY JOESTEN 1106265 SERVICE AGREEMENT FOR 0.00 200. 00
1020 608105 05/14/04 ME2004 KAREN LEVY 5806449 AQUATIC SUPPLIES 0.00 117.44
1020 608106 05/14/04 369 KELLY-MOORE PAINT CO INC 1108504 PAINT SUPPLIES 0.00 43.74
1020 608106 05/14/04 369 KELLY-MOORE PAINT CO INC 1108501 PAINT SUPPLIES 0.00 6.08
1020 608106 05/14/04 369 KELLY-MOORE PAINT CO INC 1108501 PAINT SUPPLIES O. 00 28.91
TOTAL CHECK O. 00 78.73
1020 608107 05/14/04 M2004 KEN FOOT 1104400 MEC CRT CLASS 0.00 225.00
1020 608107 05/14/04 M2004 KEN FOOT 1104400 GENERATOR SUPPLIES 0.00 69.40
TOTAL CHECK O. 00 294.40
1020 608108 05/14/04 373 KIRK XPEDX 1104310 COLOR PAPER SUPPLY 0.00 314 .47
RUN DATE 05/13/04 TIME 15,53,53
- FINANCIAL ACCOUNTING
)'-&
05/13/04 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/10/2004" and "05/14/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 608109 05/14/04 3092 KATHY KLEIN 5806449 SERVICE AGREEMENT FOR 0.00 286.00
1020 608110 05/14/04 377 PETER KOEHLER 5806249 SERVICE AGREEMENT FOR 0.00 117.00
1020 608111 05/14/04 1258 DONNA KREY 1103501 2004 CREST AWARDS 0.00 530.00
1020 608112 05/14/04 2300 BARBARA LAUX 5506549 SERVICE AGREEMENT FOR 0.00 800.00
1020 608113 05/14/04 1217 THE LEARNING GAME 5806349 SUPPLIES 22964 0.00 16 .64
1020 608114 05/14/04 M LEE, JEE IN 580 Refund, Check - SUMMER 0.00 43 .00
1020 608115 05/14/04 2999 LESCO 1108312 FY 2003-2004 OPEN PURC 0.00 948.27
1020 608116 05/14/04 400 LIFETIME TENNIS INC 5706450 ACADEMY TRNG 3/15-21 0.00 29671.45
1020 608117 05/14/04 M LIU. BENJAMIN 580 Refund, Check - SPRING 0.00 36 .00
1020 608118 05/14/04 M LIU, CHUNMEI 580 Refund, Check - SUMMER 0.00 118.00
1020 608119 05/14/04 M LO. ELIZABETH 580 Refund, Check - SPRING 0.00 32.50
1020 608120 05/14/04 M2004 LOCAL GOVERNMENT PUBLICA 1101500 LONGTIN 04 UPDATE 0.00 119.56
1020 608121 05/14/04 2912 LUCKY I & I PORTABLE SER 5208003 PRORATE 13 DAYS 0.00 38.70
1020 608122 05/14/04 2356 LYNX TECHNOLOGIES 6109853 DEVELOP WEB BASED APPL 0.00 5000.00
1020 608122 05/14/04 2356 LYNX TECHNOLOGIES 6109853 03/04 BASEMAP UPDATES 0.00 1625. 00
TOTAL CHECK 0.00 6625.00
1020 608123 05/14/04 M MA, JUSTINE 580 Refund, Check - SPRING 0.00 25.00
1020 608124 05/14/04 1599 MANAGED HEALTH NETWORK I 1104510 MAY04 EMPLOYEE ASSIST 0.00 970.50
1020 608125 05/14/04 2713 REBECCA MCCORMICK 5806449 SERVICE AGREEMENT FOR 0.00 280.00
1020 608126 05/14/04 435 METAL BUILDING COMPANY 4209216 STREET SOTRAGE BLDG 0.00 11000.00
1020 608127 05/14/04 3041 MADHUWANTI MlRASHI 5506549 SERVICE AGREEMENT FOR 0.00 360.00
1020 608128 05/14/04 474 NATIONAL BUSINESS FURNIT 1106343 FOLDING TABLES 17477 0.00 259.21
1020 608129 05/14/04 M2004 NCBPA 1108201 C.MABOTAS TRAIN 5/20 0.00 46.00
1020 608130 05/14/04 3166 NEVIL TRANSPORTATION GRO 1101500 OFFICE RELOCATION 0.00 1980.47
1020 608131 05/14/04 2488 POWERPLAN 6308840 PARTS A25482 0.00 109.94
1020 608132 05/14/04 2576 O.C.JONES AND SONS, INC 2709430 PUBLIC WORKS CONTRACT 0.00 48280 .98
1020 608133 05/14/04 493 OFFICE DEPOT 1104300 REF, 243960357001 0.00 -10.99
RUN DATE 05/13/04 TIME 15,53,53
- FINANCIAL ACCOUNTING
5'-{
05/13/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
PAGE 7
SELECTION CRITERIA, transact.trans_date between "05/10/2004" and "05/14/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT _u_----------VENDOR------------- FUND/DEPT -----DESCRIPTION---_u SALES rAX AMOUNT
1020 608133 05/14/04 493 OFFICE DEPOT 1104300 OFFICE SUPPLIES 0.00 59.76
1020 608133 05/14/04 493 OFFICE DEPOT 1104510 OFFICE SUPPLIES 0.00 34.55
1020 608133 05/14/04 493 OFFICE DEPOT 1104530 OFFICE SUPPLIES 0.00 64.93
1020 608133 05/14/04 493 OFFICE DEPOT 1104200 OFFICE SUPPLIES 0.00 120.83
1020 608133 05/14/04 493 OFFICE DEPOT 1104100 OFFICE SUPPLIES 0.00 22.02
TOTAL CHECK 0.00 291.10
1020 608134 05/14/04 500 OPERATING ENGINEERS PUB 1104510 H & W PW RETIRED SPL 0.00 3812.50
1020 608134 05/14/04 500 OPERATING ENGINEERS PUB 110 H & W PW EMPLOYEES 0.00 4248.00
TOTAL CHECK 0.00 8060.50
1020 608135 05/14/04 1220 ORCHARD SUPPLY HARDWARE 1108503 PARTS/SUPPLIES 0.00 93.54
1020 608135 05/14/04 1220 ORCHARD SUPPLY HARDWARE 1108505 PARTS/SUPPLIES 0.00 39.45
1020 608135 05/14/04 1220 ORCHARD SUPPLY HARDWARE 5708510 PARTS/SUPPLIES 0.00 8.24
1020 608135 05/14/04 1220 ORCHARD SUPPLY HARDWARE 1108504 PARTS/SUPPLIES 0.00 72.46
1020 608135 05/14/04 1220 ORCHARD SUPPLY HARDWARE 11OB314 PARTS/SUPPLIES 0.00 45.44
1020 608135 05/14/04 1220 ORCHARD SUPPLY HARDWARE 1108504 ON-TIME DISCOUNT 0.00 -0.48
TOTAL CHECK 0.00 258.65
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 1108315 PARTS/SUPPLIES 24516 0.00 24.18
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 1108303 PARTS/SUPPLIES 24388 0.00 27.02
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 2708405 PARTS/SUPPLIES 20310 0.00 24.57
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 1108409 PARTS/SUPPLIES A2S456 0.00 38.89
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 6308840 PARTS/SUPPLIES 20228 0.00 47.60
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 6308840 PARTS/SUPPLIES 20232 0.00 43.28
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 1108312 PARTS/SUPPLIES 27297 0.00 41.11
1020 608136 05/14/04 981 ORCHARD SUPPLY HARDWARE 1108303 PARTS/SUPPLIES 24298 0.00 35.13
TOTAL CHECK O. 00 281. 78
1020 608137 05/14/04 505 ORLANDI TRAILER 6308840 TRAILER PARTS 20240 0.00 39.26
1020 608138 05/14/04 833 PER S 110 BUYBACK 0.00 123.70
1020 608138 05/14/04 833 PER S 110 EMPLOYEE 0.00 25777 .03
1020 608138 05/14/04 833 PER S 110 EMPLOYER 0.00 7016 .18
1020 608138 05/14/04 833 PER S 110 1959 SURVIVOR 0.00 114.39
1020 608138 as/14/04 833 PER S 110 SPECIAL 0.00 140.25
1020 608138 05/14/04 833 PER S 110 BUYBACK 0.00 462.65
TOTAL CHECK 0.00 33634.20
1020 608139 05/14/04 833 PER S 110 EMPLOYEE 0.00 216 .60
1020 608139 05/14/04 833 PER S 110 1959 SURVIVOR 0.00 2.00
1020 608139 05/14/04 833 PER S 110 EMPLOYER 0.00 58.64
TOTAL CHECK 0.00 277.24
1020 608140 05/14/04 513 PA'CIFIC GAS & ELECTRIC 1 1108508 3/06-5/05 12 MOS) 0.00 83.98
1020 608141 05/14/04 1699 PACIFIC GAS & ELECTRIC C 4239222 TRENCHING 10350/10400 0.00 29564.36
1020 608142 05/14/04 515 PACIFIC WEST SECURITY IN 1108504 SERV CALL 4/29 0.00 120.83
1020 608143 05/14/04 1952 PAPA 1108407 M.LOOMIS SEMINAR 7/28 0.00 55.00
RUN DATE 05/13/04 TIME 15,53,53
- FINANCIAL ACCOUNTING
C)-y
05/13/04 CITY OF CUPERTINO PAGE 8
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "05/10/2004" and "Os/H/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT - -- - -DESCRIPTION------ SALES TAX AMOUNT
1020 608144 05/14/04 1952 PAPA 1108407 R.WINSLOW SEMINAR 0.00 55.00
1020 608145 05/14/04 520 PAPERDIRECT INC 5706450 OFFICE SUPPLY A262'5 0.00 191.82
1020 608146 05/14/04 3146 PATTERNSOFT INC 5BO6249 SERVICE AGREEMENT FOR 0.00 386.00
1020 608147 05/14/04 526 PENINSULA DIGITAL lMAGIN 1108101 SUPPLIES A25038 0.00 309.05
1020 608148 05/14/04 2914 PERMA-GREEN SUPREME INC. 6308840 RETAINER CLIP 20238 0.00 6.20
1020 608149 05/14/04 542 PINE CONE LUMBER 1108501 SUPPLIES 0.00 10.53
1020 608149 OS/14/04 542 PINE CONE LUMBER 1107501 SUPPLIES 0.00 109 .43
TOTAL CHECK O. 00 119.96
1020 608150 05/14/04 545 JEFF PISERCHIO 5606640 SERVICE 4/28-5/11 0.00 1956. 00
1020 608151 05/14/04 M2004 PRATHlMA MURTHY 110 DEV MAINT FEE REFD 0.00 310.76
1020 608152 05/14/04 3106 PUBLIC RESOURCE MGMNT GR 1107200 DEVELOPMENT FEE 0.00 4350.00
1020 608152 05/H/04 3106 PUBLIC RESOURCE MGMNT GR 1107200 RATE STUDY CONSULTANT O. 00 1450 .00
TOTAL CHECK 0.00 5BOO.00
1020 60"53 05/14/04 2BO2 QUANTUM DESIGN 6109863 WEB HOSTING MAY 2004 0.00 1500.00
1020 608154 05/14/04 2649 QUILL 1101500 OFFICE SUPPLIES 0.00 69 .22
1020 608154 05/14/04 2649 QUILL 1101500 OFFICE SUPPLIES O. 00 2.73
TOTAL CHECK 0.00 71.95
1020 608155 05/14/04 M2004 RAMON PEREZA 1104510 FINGERPRINT REFUND 0.00 18.00
1020 608156 05/14/04 2441 RENEE RAMSEY sa 06249 SERVICE AGREEMENT FOR 0.00 1547.51
1020 608157 05/14/04 576 REED & GRAHAM INC 5606620 HYDRO PATCH O. 00 554.78
1020 608158 05/14/04 2482 ROBERT HALF TECHNOLOGY 6104800 C.FUNDERBURK 5/07 0.00 288.00
1020 608158 05/14/04 2482 ROBERT HALF TECHNOLOGY 6104BOO K.STAMES 4/23 0.00 1520.00
1020 608158 05/14/04 2482 ROBERT HALF TECHNOLOGY 6104800 C. FUNDERBURK 4/23 0.00 864.00
1020 6OB158 05/14/04 2482 ROBERT HALF TECHNOLOGY 6104800 C.FUNDERBURK 4/09 0.00 864. 00
1020 6OB158 05/14/04 2482 ROBERT HALF TECHNOLOGY 6104800 C.FUNDERBURK 4/16 0.00 864 .00
1020 608158 05/14/04 2482 ROBERT HALF TECHNOLOGY 6104800 C.FUNDERBURK 4/30 0.00 864.00
TOTAL CHECK 0.00 5264.00
1020 608159 05/14/04 602 ROYAL COACH TOURS 5506549 MYSTERY TRIP 4/26 0.00 2459.17
1020 6OB159 05/14/04 602 ROYAL COACH TOURS 5506549 NASA AMES TOUR 5/04 0.00 542.14
TOTAL CHECK 0.00 3001. 31
1020 608160 05/14/04 M ROYER, CHERYL 580 Refund, Check Return 0.00 300.00
1020 608161 05/14/04 2043 RUDE'S PEST MANAGEMENT 1108504 RODENT BAIT 0.00 180 .00
1020 6OB161 05/14/04 2043 RUDE'S PEST MANAGEMENT 1108501 RODENT BAIT 0.00 180.00
RUN DATE 05/13/04 TIME 15,53,53
- FINANCIAL ACCOUNTING
~-7
05/13/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
PAGE 9
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "OS/IO/2004" and "as/14/2004"
FUND - 110 - GENERAL FOND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FOND/DEPT --- - -DESCRIPTION,-- -- - SALES TAX AMOUNT
1020 60B161 05/14/04 2043 RUDE'S PEST MANAGEMENT 1108506 RODENT BAIT 0.00 IBO.OO
1020 60B161 05/14/04 2043 RUDE'S PEST MANAGEMENT 1108503 RODENT BAIT 0.00 180.00
1020 608161 05/14/04 2043 RUDE'S PEST MANAGEMENT 1108507 ANT CONTROL 0.00 300.00
1020 608161 05/14/04 2043 RUDE'S PEST MANAGEMENT 1108505 RODENT BAIT 0.00 180.00
TOTAL CHECK 0.00 1200.00
1020 608162 05/14/04 M SAKAKIBARA. KUMIKO 580 REFOS 268786 & 268787 0.00 499.00
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108504 3/31-4/29/04 0.00 9.00
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108321 1/26-4/26 0.00 189.75
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108321 TO 4/29 0.00 114.26
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/04 0.00 462.77
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 69.02
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5606620 2/25-4/23/04 0.00 79.36
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 91.87
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 99.20
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 28.69
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 28.69
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 23.20
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 14.86
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 11. 20
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 34.18
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 311.64
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 121.17
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108312 3/29-4/26/04 0.00 565.33
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 67.31
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5708510 3/29-4/26/04 0.00 297.94
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 2/25-4/23/04 0.00 119.27
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108408 3/26-4/26/04 0.00 120.26
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108504 3/29-4/26/04 0.00 89.16
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 110B504 3/29-4/26/04 0.00 94.66
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/04 0.00 87 .33
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 110B314 2/25-4/26/04 0.00 173.29
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/04 0.00 1037 .83
1020 60Bl67 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 30.52
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5606640 3/29-4/26/04 0.00 1843.01
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108507 3/29-4/26/04 0.00 83.67
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/04 0.00 332.74
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/04 0.00 327.24
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108302 3/29-4/26/04 0.00 301.60
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/04 0.00 1002.99
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/31-4/29/04 0.00 9.00
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/04 0.00 164.25
1020 608167 as/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 92.82
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108503 3/29-4/26/04 0.00 81.84
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/04 0.00 1513.99
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/04 0.00 499.39
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/04 0.00 880.33
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5708510 3/29-4/26/04 0.00 338.23
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 38.76
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5606620 3/29-4/26/04 0.00 131.28
RUN DATE 05/13/04 TIME 15,53,53 - FINANCIAL ACCOUNTING
<) -fO
05/13/04 CITY OF CUPERTINO PAGE 10
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact . trans_date between "OS/lO/2004" and "OS/14/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT _uu__nnn-VENDORnnn_-_Uh FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT
1020 6OBl67 05/14/04 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/04 O. 00 92.79
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/04 0.00 50.67
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 15.B7
1020 6OBl67 05/14/04 625 SAN JOSE WATER COMPANY 110B506 3/29-4/26/04 0.00 2B.69
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5606620 3/29-4/26/04 0.00 B.75
1020 6OBl67 05/14/04 625 SAN JOSE WATER COMPANY 5708510 3/31-4/29/04 0.00 9.00
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 25. 03
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108321 3/31-4/29/04 0.00 36 .50
1020 6OB167 05/14/04 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/04 0.00 96 .49
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 110a407 3/29-4/26/04 0.00 15.87
1020 6Oa167 05/14/04 625 SAN JOSE WATER COMPANY 110a407 3/29-4/26/04 0.00 17.70
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 0.00 112.02
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 2/25-4/23/04 0.00 IB.12
1020 6OB167 05/14/04 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/04 0.00 9.37
1020 60a167 05/14/04 625 SAN JOSE WATER COMPANY 110B5O6 3/29-4/26/04 O. 00 37 .B5
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/04 O. 00 64 .40
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 110a4O7 3/29-4/26/04 0.00 38.76
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108315 3/26-4/26/04 0.00 63.45
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108315 3/26-4/26/04 0.00 1720 .B6
1020 6OB167 05/14/04 625 SAN JOSE WATER COMPANY 1108315 3/12-4/29/04 0.00 36 .50
1020 6OB167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/03-4/30/04 0.00 191. 96
1020 60al67 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/04 0.00 153.26
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/26-4/26/04 0.00 136B.02
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 110a407 3/26-4/26/04 O. 00 1200.BB
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 110a314 3/29-4/27/04 0.00 1111.75
1020 60al67 05/14/04 625 SAN JOSE WATER COMPANY 1108315 3/26-4/26/04 0.00 121.94
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 110a315 3/26-4/26/04 0.00 1912.13
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 110a321 3/26-4/26/04 O. 00 155.38
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/26-4/26/04 0.00 643.81
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 2/25-4/23/04 0.00 101.33
1020 6Oal67 05/14/04 625 SAN JOSE WATER COMPANY 1108505 3/31-4/29/04 0.00 9.00
1020 60a167 05/14/04 625 SAN JOSE WATER COMPANY 1108505 3/29-4/26/04 0.00 329.07
1020 60Bl67 05/14/04 625 SAN JOSE WATER COMPANY 110B407 3/04-5/03/04 0.00 102.75
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/03-4/30/04 0.00 37.75
1020 6Oa167 05/14/04 625 SAN JOSE WATER COMPANY 1108502 3/31-4/29/04 LIBRARY 0.00 36.50
1020 6OB167 05/14/04 625 SAN JOSE WATER COMPANY 5708510 2/24-4/23/04 0.00 123.31
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 110B506 2/25-4/26/04 O. 00 35.22
1020 60a167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 2/25-4/26/04 0.00 54 .25
1020 6OB167 05/14/04 625 SAN JOSE WATER COMPANY 1108314 3/03-4/30/04 0.00 126.89
1020 6OBl67 05/14/04 625 SAN JOSE WATER COMPANY 110a314 2/25-4/26/04 0.00 159.93
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108321 3/03-4/30/04 0.00 489.0B
1020 60a167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/04-5/03/04 0.00 76.75
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/04-5/03/04 0.00 125.11
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 110a314 3/04-5/03/04 0.00 19.00
1020 60Bl67 05/14/04 625 SAN JOSE WATER COMPANY 1108312 3/05-5/04/04 0.00 1449 .1B
1020 6Oal67 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/04-5/03/04 0.00 41.47
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 1108321 3/03-4/30/04 0.00 1425. 04
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 110a407 3/OJ-4/30/04 0.00 56.33
1020 60B167 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/03-4/30/04 0.00 225.39
1020 60al67 05/14/04 625 SAN JOSE WATER COMPANY 1108407 3/03-4/30/04 0.00 145.54
1020 60Bl67 05/14/04 625 SAN JOSE WATER COMPANY 110a312 3/26-4/26/04 o. 00 1310.48
RUN DATE 05/13/04 TIME 15,53,53 - FINANCIAL ACCOUNTING
5-11
05113/04
ACCOUNTING PERIOD, H/04
CITY OF CUPERTINO
P~GE 11
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/10/2004" and "05/14/2004"
FUND - HO - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT _uuhnnn-VENDOR-_nhh____- FUND/DEPT nn-DESCRIPTION-h--- SALES TAX AMOUNT
1020 6OBl67 05/14/04 625 SAN JOSE WATER COMPANY HOB312 3/29-4/26/04 0.00 748.47
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5606620 3/29-4/29/04 0.00 96.49
1020 608167 05/14/04 625 SAN JOSE WATER COMPANY 5606620 3/29-4/29/04 0.00 133.11
TOTAL CHECK 0.00 28828 .16
1020 60816S 05/14/04 979 CITY OF SAN JOSE 2109612 MAINTENANCE FY2003/04 0.00 4000.00
1020 60Bl69 05/14/04 1873 SANTA CLARA CNTY FIRE DE 1104510 CPR TRAIN/SPORTS CTR 0.00 100.00
1020 6OS170 05/14/04 M2004 SANTA CLARA COUNTY HOS201 J.BISELY 0.00 90.00
1020 60SI71 05/14/04 633 SANTA CLARA COUNTY SHERI HOS6OI H/P UP & RUNNING 0.00 3742.13
1020 60S172 05/14/04 164S SAVIN CORPORATION {SUPPL 1104310 H24008O0225 5/13-S/12 0.00 159.48
1020 60S173 05/14/04 2S75 RICOH CUSTOMER FINANCE C H04310 JO131303354 MAY 2004 0.00 114.66
1020 6OBl74 05/14/04 2S75 RICOH CUSTOMER FtNANCE C H04310 JO131303354 MAY 2004 O. 00 H4.66
1020 60Bl75 05/14/04 2397 SAVIN CREDIT CORPORATION 1104310 H2400S00225 JUNE 2004 0.00 137 .S3
1020 60S176 05/14/04 2692 SBC 110S509 7317142 APRIL 2004 0.00 55.36
1020 60S176 05/14/04 2692 SBC HOasOS 7317142 APRIL 2004 0.00 61.19
1020 60S176 05/14/04 2692 SBC HOS507 7317142 APRIL 2004 0.00 55.35
1020 60S176 05/14/04 2692 SBC HOas03 7317142 APRIL 2004 0.00 55.35
1020 60Bl76 05/14/04 2692 SBC 110asOl 7317142 APRIL 2004 0.00 116.84
1020 60S176 05/14/04 2692 SBC 1108201 7317142 APRIL 2004 0.00 253.03
1020 60Bl76 05/14/04 2692 SBC 5606640 7317142 APRIL 2004 0.00 168.09
1020 60Bl76 05/14/04 2692 SBC 5606620 7317142 APRIL 2004 0.00 162 .44
TOTAL CHECK 0.00 927.65
1020 60S177 05/14/04 647 ELIZABETH SHANNON 5806449 SERVICE AGREEMENT FOR 0.00 567 .00
1020 60Bl78 05/14/04 2915 SHOPKEY 6308840 RNWL MECHANIC SOFTWRE 0.00 1860.82
1020 60SI79 05/14/04 651 SIERRA PACIFIC TURF SUPP 5606620 ROUND-UP A26004 0.00 281.45
1020 60S180 05/14/04 652 SIERRA SPRINGS WATER CO. 1101500 EMPLOYEE BOTTLED WTR 0.00 9.70
1020 60BlBl 05/14/04 2810 SMART & FINAL 5806349 SUPPLIES A25724 0.00 126.98
1020 608181 05/14/04 2BlO SMART & FINAL 5706450 SUPPLIES A26331 0.00 290.12
TOTAL CHECK O. 00 417.10
1020 60S182 05/14/04 2320 SNAP-ON INDUSTRIAL 630SS40 TOOLS A254S6 0.00 49.16
1020 60BlS3 05/14/04 10H STATE BOARD OF EQUALlZAT HO APRIL04 PREPAYMENT 0.00 589. 00
1020 60S1S4 05/14/04 6S4 CHERYL STOOOARD 5S06449 SERVICE AGREEMENT FOR 0.00 315.00
1020 60S1as 05/14/04 951 SUMMERWINDS GARDEN CNTR. H08303 LANDSCAPE SPLY A25489 0.00 250. 06
1020 60Blas 05/14/04 951 SUMMERWINDS GARDEN CNTR, 1108303 LANDSCAPE SPLY A25449 0.00 90.93
RUN DATE 05/13/04 TIME 15,53,53
- FINANCIAL ACCOUNTING
5"' -{ J....
05/13/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/10/2004" and "05/14/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUND/DEPT
TOTAL CHECK
1020 608186 05/14/04 689 SUMMIT UNIFORMS 1104530
1020 608187 05/14/04 1825 SUPERIOR FRICTION 6308840
1020 608188 05/14/04 2045 SVCN 1104300
1020 608188 05/14/04 2045 SVCN 1104300
1020 608188 05/14/04 2045 SVCN 1104300
1020 608188 05/14/04 2045 SVCN 1104300
1020 608188 OS/14/04 2045 SVCN 1104300
TOTAL CHECK
1020 608189 05/14/04 695 SYSCO FOOD SERVICES OF S 5606620
1020 608190 05/14/04 701 TARGET STORES 5706450
1020 608190 05/14/04 701 TARGET STORES 5706450
1020 608190 05/14/04 701 TARGET STORES 5706450
TOTAL CHECK
1020 608191 05/14/04 3167 TEREX UTILITIES WEST 6308840
1020 608192 05/14/04 708 NANCY THOMPSON 5806449
1020 608193 05/14/04 709 LOU THURMAN 5806449
1020 608194 05/14/04 648 TNT ENTERPRISES. INC. 5606620
1020 608195 05/14/04 1193 TOMARK SPORTS 1108303
1020 608196 05/14/04 2665 ERIN TURI 5806249
1020 608197 05/14/04 1793 UNIQUE TRUCK EQUIPMENT 6308840
1020 608198 05/14/04 7" VALLEY OIL COMPANY 6308840
1020 608199 05/14/04 M2oo4 VINOD BANSAL 110
1020 608200 05/14/04 750 VISION SERVICE PLAN (CA) 110
1020 608201 05/14/04 745 VMI INC 1103500
1020 608202 05/14/04 3035 DORIS VOLZ 5506549
1020 608203 05/14/04 2904 WEBEX COMMUNICATIONS INC 6104800
1020 608204 05/14/04 M ZANDBERGS, MONIR 580
1020 608205 05/14/04 625 SAN JOSE WATER COMPANY 1108506
TOTAL CASH ACCOUNT
RUN DATE 05/13/04 TIME 15,53,53
-----DESCRIPTION------
SHIRT/G. LEE
BRAKE PARTS A25490
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN FURC
RETURN
SUPPLIES A25690
SUPPLIES A25690
REPAIRS/MAINTENANCE
SERVICE AGREEMENT FOR
SERVICE AGREEMENT FOR
SAND
DELUXE BETTER BOX
SERVICE AGREEMENT FOR
VEHICLE EXHAUST EXTRAC
FY 2003-2004 OPEN PURC
SW BOND RELEASE
VISION INSURANCE
BREAKOUT BOX 16475
SERVICE AGREEMENT FOR
MONTHLY SUBSCRIPTION
Refund, Check - REFUND
SIMMS 11/22/03-5/06/4
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 12
AMOUNT
340.99
63.87
"3.49
52.25
44.00
44.00
41.25
104.50
2".00
3918.10
-92.00
12.98
86.56
7.54
2526.59
315. 00
1457.74
792.06
1193.72
811.75
992.00
238.85
4050.00
2157.18
285.78
30.00
600.00
300 .00
170.00
596361.32
':)- (3
05/13/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/10/2004" and "05/14/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT __n_nn-n_-VENDORnu_nn-u- FUND/DEPT
TOTAL FUND
TOTAL REPORT
RUN DATE 05/13/04 TIME 15,5) ,5)
h---DESCRIPTIONn_h-
SALES TAX
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 13
AMOUNT
596361. 32
596361. 32
)-{y
RESOLUTION NO. 04-320
DRAFr
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 DESCRlBED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERlOD ENDING
MAY 21, 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:
~(J.~.
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~day of June ,2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
<)-{)
OS/20/04
ACCOUNTING PERIOO, n/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact.trans_date between "05/n/2004" and "05/n/2004"
CASH ACCT CHECK NO
FUND - 110 - GENERAL FUND
ISSUE DT --------------VENDOR------------- FUND/DEPT
1020
1020
608206
608206
TOTAL CHECK
1020
1020
1020
1020
608207
608207
608207
608207
1020 608207
TOTAL CHECK
1020 608208
1020 608209
1020 608210
1020 608211
1020 608212
1020 608212
1020 608212
TOTAL CHECK
1020
608213
1020
608214
1020 608215
1020 608215
TOTAL CHECK
1020 608n6
1020 608216
1020 608216
TOTAL CHECK
1020 608217
1020 608218
1020 608219
1020 608219
TOTAL CHECK
1020
1020
608220
608220
1020 608220
TOTAL CHECK
1020
608221
OS/21/04 1695
OS/21/04 1695
OS/21/04 4
OS/21/04 4
OS/21/04 4
OS/21/04 4
OS/21/04 4
OS/21/04 2328
OS/21/04 2161
OS/21/04 1680
OS/21/04 28
OS/21/04 44
OS/21/04 44
OS/21/04 44
OS/21/04 2676
05/n/04 50
OS/21/04 720
OS/21/04 720
OS/21/04 2680
OS/21/04 2680
OS/21/04 2680
OS/21/04 3050
OS/21/04 904
OS/21/04 2232
OS/21/04 2232
OS/21/04 146
OS/21/04 146
OS/21/04 146
OS/21/04 M2004
3M
3M
A T & T
A T & T
AT & T
AT & T
AT & T
2708405
2708405
n08501
n08501
1108501
1108501
1108501
A/C SERVICE & OESIGN CO. n08503
ADVANTAGE GRAFIX
ABAG,ASSOC OF BAY AREA G 1104540
1104000
AIRGAS NCN
AMERICAN RED CROSS
AMERICAN RED CROSS
AMERICAN REO CROSS
AMERIGAS
ANOERSON CHEVROLET/GEO
BATTERY SYSTEMS
BATTERY SYSTEMS
BERRYMAN & HENIGAR
BERRYMAN & HENIGAR
BERRYMAN & HENIGAR
VASANTHI BHAT
1108314
n04400
n04400
1104400
5606620
6308840
6308840
6308840
n07502
n07502
1107502
BNY WESTERN TRUST COMPAN 3655301
5506549
CARIAGA, LOURDES
CARIAGA, LOURDES
CASH
CASH
CASH
CENTEX HOMES
RUN DATE OS/20/04 TIME 10,34,45
110
110
1106343
5806249
5806349
110
~
PAGE 1
- - - --DESCRIPTION- ----- SALES TAX AMOUNT
SUPPLIES NOT TO EXCEED 0.00 1403.87
SUPPLIES 0.00 733.22
0.00 2137. 09
MAY 2004 STATEMENT 0.00 44.93
MAY 2004 STATEMENT 0.00 22.68
MAY 2004 STATEMENT 0.00 22.68
MAY 2004 STATEMENT 0.00 22.68
MAY 2004 STATEMENT 0.00 22.68
0.00 135.65
SERVICE CALL 4/27 0.00 297.27
LIBERTY MUTUAL LEGAL 0.00 3384.81
MYLAR DIVIDERS A25834 0.00 275.78
FY 2003-2004 OPEN PURC 0.00 40.48
WORKPLACE BOOKS 0.00 175. 00
CERT EXERCISE 5/01 0.00 36.90
C.GEISSINGER REGISTR. 0.00 225.00
0.00 436.90
PROPANE 0.00 347.83
MOLDING CLIPS 20242 0.00 7.58
FY 2003-2004 OPEN PURC 0.00 136.29
SUPPLIES 0.00 532.27
0.00 668.56
PLAN CK AFD ADDITION 0.00 765.90
LIVNG AM ADDITION 0.00 643.43
NEW SFD 0.00 n97.15
0.00 2606.48
SERVICE AGREEMENT FOR 0.00 385.00
FEE 02 COP REF & CIP 0.00 2740.00
CSGARNSMNT 0.00 306.50
SSGARNSMNT 0.00 103.84
0.00 410.34
P.CABH 4/28-5-17 0.00 19.99
P.CABH 4/28-5-17 0.00 29.49
P.CASH 4/28-5-17 0.00 135.12
0.00 184.60
ABA FENCING LIGHT 0.00 50.00
- FINANCIAL ACCOUNTING
5'-fh
05!20!04
ACCOUNTING PERIOD, 11!04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-erans_date between "05/"/2"4" and "05/n/2"4"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT u__hhhh--VENDORuuhh_uh FUND!DEPT
1020 608221
TOTAL CHECK
05!2l!04 M2"4
110
CENTEX HOMES
1020 608222
1020 608222
TOTAL CHECK
05!21!04 1057
05!21!04 1057
CERIDIAN BENEFITS SERVIC 110
CERIDIAN BENEFITS SERVIC 110
1020 608223 05!21!04 1156 CHA 110
1020 608224 05!2l!04 2626 CHANG, CHEN-YA 1103300
1020 608225 05!21!04 178 COLONIAL LIFE & ACCIDENT 110
1020 608225 05!2l!0< 178 COLONIAL LIFE & ACCIDENT 110
TOTAL CHECK
1020 608226 05!2l!04 2026 COOPERATIVE PERSONNEL SE 1104510
1020 608226 05!2l!04 2026 COOPERATIVE PERSONNEL SE 1104510
TOTAL CHECK
1020 608227 05!2l!04 1579 CUPERTINO LOC-N-STOR LLC 1108503
1020 608227 05!21!04 1579 CUPERTINO LOC-N-STOR LLC 1108503
TOTAL CHECK
1020 608228 05!2l!04 192 CUPERTINO MEDICAL CENTER 5806449
1020 608229 05!2l!04 194 CUPERTINO SUPPLY INC 1108501
1020 608230 05!2l!0< 196 CUPERTINO TOW 6308840
1020 608231 05!21!04 210 DEEP CLIFF ASSOCIATES L saO6449
1020 608232 OS!2l!04 1838 DELL MARKETING L.P. 6109856
1020 608232 05!21!04 1839 DELL MARKETING L. P. 6109856
1020 608232 05!21!041838 DELL MARKETING L.P. 6109856
1020 608232 05!21!04 1838 DELL MARKETING L.P. 6109856
1020 608232 05!21!04 1838 DELL MARKETING L.P. 6109856
TOTAL CHECK
1020 608233 05!2l!04 676 DEPARTMENT OF JUSTICE 1104510
1020 608234 05!21!04 2795 DEVCON ASSOCIATES XVI 4239222
1020 608235 05!21!04 1912 ELESCO,EMERGENCY LIGHTIN 1108504
1020 608236 05!2l!04 2886 KATHLEEN ELLIOTT 2204011
1020 608237 05!21!04 240 ELI2ABETH ANN ELLIS 1101070
1020 608239 05!21!04 242 EMPLOYMENT DEVEL DEPT 110
1020 608239 05!21!04 243 EMPLOYMENT DEVELOPMENT 110
RUN DATE 05!20!04 TIME 10,34,45
PAGE 2
UU-DESCRIPTIONU_U- SALES TAX AMOUNT
ASA FENCING LIGHT PAV 0.00 400.00
0.00 450.00
'FLEX DEP!240125 0.00 151.92
'FLEX HLTH!240125 0.00 643.95
0.00 795.87
CHA 0.00 140.85
CLIPPING SERV 4!1-30 0.00 200.00
'COLONIAL!E7013899 0.00 283.08
COLONIAL/E7013899 0.00 363 .17
0.00 646 .25
E3127 ENTRY CLERICAL 0.00 -140.00
MAINT WORKER 0.00 925.75
0.00 785.75
G34 FY03-04 OPEN PUR 0.00 217.00
FY 2003-2004 OPEN PURC 0.00 217.00
0.00 434.00
TB/L. CHRISTENSEN 0.00 15.00
FY 2003-2004 OPEN PURC 0.00 372.06
PLAT TIRE 0.00 35.00
SERVICE AGREEMENT FOR 0.00 3360.00
CITY CLERK SERVICE SHO 0.00 2275.66
CITY CLERK SERVICE SHO 0.00 2836.85
CITY CLERK SERVICE SHO 0.00 1474 .36
CITY CLERK SERVICE SHO 0.00 64.90
CITY CLERK SERVICE SHO 0.00 242.59
0.00 6894.36
FINGERPRINTS APRIL04 0.00 640.00
TEMP LIBRY RENT JUN04 0.00 16180.00
SUPPLIES 0.00 64 .43
TLT EXPENSE REIMB. 0.00 87.39
MTGS 2!23 4!26 0.00 750.00
SIT!932-0014-5 0.00 18341. 93
SDI!n6-5260-0 0.00 1148.46
- FINANCIAL ACCOUNTING
)-(7
OS/20/04
ACCOUNTING PERIOD, 11/04
SELECTION CRITERIA,
CITY OF CUPERTINO
FUND - 110 - GENERAL FUND
.erans_date between "05/17/2004" and "05/21/2004"
CHECK REGISTER - DISBURSEMENT FUND
CASH ACCT CHECK NO
1020
608240
1020 608241
1020 608241
1020 608241
1020 608241
TOTAL CHECK
1020 608242
1020 608242
1020 608242
1020 608242
TOTAL CHECK
1020 608243
1020 608244
1020 608245
1020 608245
1020 608245
1020 608245
1020 608245
1020 608245
1020 608245
1020 608245
1020 608245
1020 608245
TOTAL CHECK
1020 608246
1020 608246
TOTAL CHECK
1020
608247
1020
608248
1020 608249
1020 608249
1020 608249
1020 608249
TOTAL CHECK
1020
1020
608250
608250
1020 608250
TOTAL CHECK
1020
608251
ISSUE DT h_hhh_hhVENDORhhhhhh- FUND/DEPT
OS/21/04 253
OS/21/04 262
OS/21/04 262
OS/21/04 262
OS/21/04 262
OS/21/04 2BI
OS/21/04 281
OS/21/04 281
OS/21/04 281
EXCHANGE LINEN SERVICE
5606680
FIRST PLACE INC
FIRST PLACE INC
FIRST PLACE INC
FIRST PLACE INC
2204010
1103300
1103300
1103300
GARDENLAND
GARDENLAND
GARDENLAND
6308840
6308840
6308840
6308840
GARDENLAND
OS/21/04 776 GCS WESTERN POWER & EQUI 6308840
OS/21/04 1741 GOVCONNECTION, INC. 6104800
OS/21/04 298 GRAINGER INC 1108005
OS/21/04 298 GRAINGER INC 2708405
OS/21/04 298 GRAINGER INC 1108408
OS/21/04 298 GRAINGER INC 2708405
OS/21/04 298 GRAINGER INC 6308840
OS/21/04 298 GRAINGER INC 6308840
OS/21/04 298 GRAINGER INC 6308840
OS/21/04 298 GRAINGER INC 1108303
OS/21/04 298 GRAINGER INC 1108830
OS/21/04 298 GRAINGER INC 110BO05
GREGORY B. BRAGG & ASSOC 6204550
GREGORY B. BRAGG & ASSOC 6204550
HERNING UNDERGROUND SUPP 1108314
HILTI
2708405
OS/21/04 2630
OS/21/04 2630
OS/21/04 329
OS/21/04 2540
OS/21/04 IS98
OS/21/04 1898
OS/21/04 1898
OS/21/04 1898
OS/21/04 2027
OS/21/04 2027
OS/21/04 2027
OS/21/04 343
AUTOMATIC RAIN CO.
AUTOMATIC RAIN CO.
AUTOMATIC RAIN CO.
AUTOMATIC RAIN CO.
1108314
1108314
1108312
1108312
MARSHA HOVEY
MARSHA HOVEY
MARSHA HOVEY
1104400
1104400
1104400
ICMA RETIREMENT TRUST-45 110
RUN DATE OS/20/04 TIME IQ,34,45
-- h-DESCRIPTIONhhh
SALES TAX
FY 2003-2004 OPEN PURC 0.00
LC GRAD GIFTS 6/04 0.00
RECOGNITION AWARD 0.00
CREST AWARD ENGRAVING 0.00
APPREC CLOCK 0.00
0.00
FY 2003-2004 SUPPLIES 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC o. 00
O. 00
SUPPLIES 0.00
ADOBE ACROBAT PROF EXE 0.00
PARTS/SUPPLIES 0.00
PARTS/SUPPLIES 24524 0.00
PARTS/SUPPLIES 0.00
PARTS/SUPPLIES 24524 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
PARTS/SUPPLIES 0.00
0.00
APRIL 04 BILL REVIEW 0.00
MAY 04 CLAIM ADM 0.00
0.00
SUPPLIES NOT TO EXCEED 0.00
TOOLS/SUPPLIES A25484 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
FY 2003-2004 OPEN PURC 0.00
0.00
MED RESERVE CORP TRN 0.00
CERT MEETING 0.00
CERT SUPPLIES 0.00
0.00
-ICMA 0.00
- FINANCIAL ACCOUNTING
PAGE,
AMOUNT
277 .06
397.20
316.09
86.60
74.45
874.34
103.98
41.68
404.42
89.40
639.48
72.87
BI8.37
6.10
11. 13
142.30
SO .43
34 .33
117.21
101. 74
1522.9S
72 .05
111.06
2169.30
1473. 00
1653.75
3126.75
930.95
346.40
66 .39
150.37
42.41
272.54
531. 71
306.40
136.20
77 .89
520 .49
5625.20
~-rl
OS/20/04
ACCOUNTING PERIOD, 11/ 04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/17/2004" and "05/21/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUND/DEPT
1020 608252 OS/21/04 3160 IMAGE PERSPECTIVES HO4400
1020 608253 OS/21/04 3085 J.J.R. CONSTRUCTION INC 5708510
1020 608254 OS/21/04 ME2004 JEFF TRYBUS 1104530
1020 608255 OS/21/04 1972 KIMBALL-MIDWEST 6308840
1020 608256 OS/21/04 3067 KMVT 15 1101031
1020 608257 OS/21/04 376 KNORR SYSTEMS INC 5606620
1020 608258 OS/21/04 2323 KWIK-WAY MUFFLER SERVICE 6308840
1020 608259 OS/21/04 385 LAB SAFETY SUPPLY 1108005
1020 608260 OS/21/04 3155 LEE WAYNE CORPORATION 1103300
1020 608261 OS/21/04 1396 LIEBERT CASSIDY WHITMORE 1104511
1020 608261 OS/21/04 1396 LIEBERT CASSIOY WHITMORE 1104511
TOTAL CHECK
1020 608262 OS/21/04 2653 LIFE SAFETY ASSOCIATES 1104400
1020 608263 OS/21/04 408 LOS GATOS MEAT & SMOKEHO 5606620
1020 608264 OS/21/04 2356 LYNX TECHNOLOGIES 6109871
1020 608265 OS/21/04 1378 RlCAROO MARTINEZ 5706450
10Z0 608266 OS/21/04 1968 MAZE AND ASSOCIATES 1104000
1020 608267 OS/21/04 Z567 MISDU 110
1020 608268 OS/21/04 447 MISSION LINEN SUPPLY 1108201
1020 608268 OS/21/04 447 MISSION LINEN SUPPLY 1108201
TOTAL CHECK
1020 608269 OS/21/04 1906 MITY-LITE INC 5806249
1020 608270 OS/21/04 1023 MASSOUD MODJTEHEDI 1107502
1020 608270 OS/21/04 1023 MASSOUD MODJTEHEDI 1107502
1020 608270 OS/21/04 1023 MASSOUD MODJTEHEDI 1107502
1020 608270 OS/21/04 1023 MASSOUD MOOJTEHEDI 1107502
1020 608270 OS/21/04 1023 MASSOUD MDDJTEHEDI 1107502
1020 608270 OS/21/04 1023 MASSOUD MODJTEHEDI 1107502
1020 608270 OS/21/04 1023 MASSOUD MODJTEHEDI 1107502
TOTAL CHECK
1020
608271
OS/21/04 302
NATIONAL DEFERRED COMPEN 110
RUN DATE OS/20/04 TIME 10,34,45
PAGE 4
- ----DESCRIPTION--- - --
SALES TAX
AMOUNT
SUPPLIES 0.00 579.38
REMOVE SIDEWALK, CURB 0.00 1800.00
REPAIR/ACCESSORIES 0.00 122.01
FLEET SUPPLIES A25487 0.00 329.17
PUBLIC ACCESS APRIL04 0.00 3039 .16
POOL SERV/PARTS 0.00 747.78
MUFFLER REPAIR A25425 0.00 156.96
HAZMAT BAGS 0.00 147.05
CREST AWARO 0.00 297 .18
LABOR RELATIONS SERV 0.00 3840. 00
EMPLYMNT LAW CONSULT 0.00 367.00
0.00 4207.00
KEYRING/LATEX GLOVES 0.00 177 .12
FY 2003-2004 OPEN PURC 0.00 53.55
GIS/SRIDGES & FREEWAY 0.00 2500.00
EOUIPMENT MAINTENANCE 0.00 125.00
6/30/04 AUDIT 0.00 282.50
J TRYBUS 385960533 0.00 221. 50
FY 2003-2004 OPEN PURC 0.00 87.24
FY 2003-2004 OPEN PURC 0.00 87.93
0.00 175.17
3 FT X 8FT SPECKLED GR 0.00 1143.74
10555 MARY AVE 0.00 56. 00
20488 STEV CRK 0.00 333.00
18881 LDRRE AVE 0.00 55.00
19637 AMHERST DR 0.00 690.00
10420 LINDSY AVE 0.00 561. 00
20488 STEV CRK 0.00 1104.00
21740 ALCAZAR 0.00 2820.00
O. 00 5619.00
-NAT'L DEF 0.00 18015.93
- FINANCIAL ACCDUNTING
5'~7
OS/20/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/17/2004" and "05/21/2004"
CASH ACCT CHECK NO
FUND - 110 - GENERAL FUND
ISSUE DT --------------VENDOR------------- FUND/DEPT
1020
608272
1020
608273
1020
608274
1020
1020
1020
1020
1020
1020
608275
608275
608275
608275
608275
608275
1020 608275
1020 608275
1020 608275
1020 608275
1020 608275
1020 608275
TOTAL CHECK
1020
608276
1020
608277
1020
1020
1020
1020
1020
608278
608278
608278
608278
608278
1020
608278
TOTAL CHECK
1020
1020
608279
608279
608279
1020
1020 608279
1020 608279
1020 608279
TOTAL CHECK
1020 608280
1020 608280
TOTAL CHECK
1020
608281
1020
608282
1020
608283
OS/21/04 M
OS/21/04 2639
OS/21/04 2206
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 493
OS/21/04 1190
OS/21/04 501
OS/21/04 833
OS/21/04 833
OS/21/04 833
OS/21/04 833
OS/21/04 833
OS/21/04 833
OS/21/04 513
OS/21/04 513
OS/21/04 513
OS/21/04 513
OS/21/04 513
OS/21/04 513
OS/21/04 690
OS/21/04 690
OS/21/04 533
OS/21/04 1929
OS/21/04 495
NORDYKE. LYNN
NOVA PARTNERS INC
580
O.K. FIRE EQUIPMENT COMP 1104400
4239222
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
RONALD OLDS
OPERATING ENGtNEERS #3
PER S
PER S
PER S
PER S
PER S
PER S
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PENINSULA FORD
PENINSULA FORD
PERS LONG TERM CARE PROG 110
LEON C. PIROFALO
1107301
2204010
1104000
23OBO04
1108101
5706450
1104510
2308004
2308004
l1OB101
1108201
1101200
1103500
110
110
110
110
110
110
110
( 5606620
( 5606620
( 1108506
( 1108602
( 1108407
( 4259313
6308840
6308840
PRIME OFFICE PRODUCTS, I 1107301
1107302
RUN DATE OS/20/04 TIME 10,34 ,"
-----DESCRIPTION------
Refund, Check - SPRING
PUBLIC WORKS CONTRACT
EXTINGUISHERS RECHRG
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
COFFEE SUPPLIES
REF, 245247786-001
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
REPAIRS 4/7-5/13
UNION DUES
PERS EMPLY
'PERS BYBK
PERS 1959
'PERS BYBK
PERS SPEC
PERS EMPLR
3/27-4/26
3/27-4/26
3/27-4/26
3/31-4/30
4/01-4/30
4/21-4/30 CITY CTR PK
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
PERS LTC/2405
APRIL 04 MONTHLY
MICROPHONE/CONF
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 5
AMOUNT
39.50
54930.00
160.25
74.56
94.63
146 .49
124.21
42.52
1749.65
86.73
-9.11
9.11
203.08
56 .33
66.65
2644.85
805.00
715.81
25646.96
123.70
114.39
462.65
124.12
6991.77
33463.69
21.22
125.14
1.67
19.93
7.18
35.67
210.81
36.68
370.20
406.88
119.15
4109.90
97 .49
C;-}./)
OS/20/04 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, .rrans_dare berween "05/17/2004" and "05/21/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT _uuu_--_u-VENDOR-uu--hhu FUND/DEPT uu -DESCRIPTION- - -_h SALES TAX AMOUNT
1020 608284 OS/21/04 509 PW SUPERMARKETS INC 1101060 SUPPLIES A25720 0.00 150.73
1020 608285 OS/21/04 576 REED & GRAHAM INC 5606620 HYDRO PATCH 0.00 554.78
1020 608286 OS/21/04 1071 REPUBLIC ELECTRIC 1108602 SERVICE AGREEMENT FOR 0.00 1290.00
1020 608286 OS/21/04 1071 REPUBLIC ELECTRIC 1108602 SERVICE AGREEMENT FOR 0.00 4796.00
TOTAL CHECK 0.00 6086.00
1020 608287 OS/21/04 2482 ROSERT HALF TECHNOLOGY 6104800 K.STARNES 5/07 0.00 1406.00
1020 608287 OS/21/04 2482 ROBERT HALF TECHNOLOGY 6104800 K.STARNES 4/30 0.00 1520.00
TOTAL CHECK 0.00 2926.00
1020 608288 OS/21/04 602 ROYAL COACH TOURS 5506549 SF TOUR 6/4 0.00 572.36
1020 608289 OS/21/04 2011 S.O.S. SURVIVAL PRODUCTS 1104400 SUPPLIES A25832 0.00 63.18
1020 608290 OS/21/04 625 SAN JOSE WATER COMPANY 1108321 1/26-5/10 (3MOS) 0.00 436.09
1020 608290 OS/21/04 625 SAN JOSE WATER COMPANY 4239222 1/26-4/26 10800 TORRE 0.00 369.90
TOTAL CHECK 0.00 805.99
1020 608291 OS/21/04 626 SANTA CLARA CO DEPT OF R 1102100 CITATIONS MAR 2004 0.00 3615.00
1020 608292 OS/21/04 2sa SANTA CLARA COUNTY 110 V ORTEGA 563312780 0.00 588 .00
1020 608293 OS/21/04 628 SANTA CLARA COUNTY SHERI 1102100 LAW ENFORCEMENT MAY04 0.00 477846 .40
1020 608294 OS/21/04 633 SANTA CLARA COUNTY SHERI 5606620 BBF 5/8-9 2004 0.00 1116.89
1020 608295 OS/21/04 1150 SAVIN CORPORATION 1104310 1-5062442 0.00 1827.37
1020 608295 OS/21/04 1150 SAVIN CORPORATION 5506549 1-5062442 0.00 1218.24
1020 608295 OS/21/04 1150 SAVIN CORPORATION 5706450 1-5062442 O. 00 304.56
1020 608295 OS/21/04 1150 SAVIN CORPORATION sa 06249 1-5062442 0.00 1360.27
1020 608295 OS/21/04 1150 SAVIN CORPORATION sa 06349 1-5062442 0.00 318.77
1020 608295 OS/21/04 1150 SAVIN CORPORATION sa 06449 1-5062442 0.00 253.80
TOTAL CHECK 0.00 5283 .01
1020 608296 OS/21/04 2875 RICOH CUSTOMER FINANCE C 1108201 J8332201915 JUNE04 0.00 130.94
1020 608297 OS/21/04 2692 SBC 1108501 3/29-4/28 O. 00 64.90
1020 608297 OS/21/04 2692 SBC 1108504 3/27-4/26 0.00 77.51
TOTAL CHECK 0.00 142.41
1020 608298 OS/21/04 511 SSC/MCI 1101500 #2719421 4/07-5/06 0.00 244.87
1020 608298 OS/21/04 511 SBC/MCI 1108503 #2719770 4/07-5/06 0.00 89 .30
1020 608298 OS/21/04 511 SBC/MCI 1108501 #2719771 4/07-5/07 0.00 89 .30
1020 608298 OS/21/04 511 SBC/MCI 1108501 #2719421 4/07-5/06 O. 00 244.87
1020 608298 OS/21/04 511 SBC/MCI 1108503 #2719421 4/07-5/06 0.00 244.87
1020 608298 OS/21/04 511 SBC/MCI 5708510 #2719421 4/07-5/06 0.00 244.87
1020 608298 OS/21/04 511 SSC/MCI 1108504 #2719421 4/07-5/06 0.00 489.68
1020 608298 OS/21/04 511 SBC/MCI 1101500 #2719770 4/07-5/06 0.00 89.29
1020 608298 OS/21/04 511 SBC/MCI 1108501 #2719770 4/07-5/06 0.00 89 .30
RUN DATE OS/20/04 TIME 10,34 ,45
- FINANCIAL ACCOUNTING
)-LI
OS/20/04 CITY OF CUPERTINO PAGE 7
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, t.ansact.t.ans_da<e between "05/17/2004" and "05/21/2004"
FUND - 110 - GENERAL POND
CASH ACCT CHECK NO ISSUE DT uuu---_uuVENDOR-_u--uu_u FUND/DEPT -----DESCRIPTlONuuu SALES rAX AMOUNT
1020 608298 OS/21/04 511 SSC/MCI 1108504 #2719770 4/07-5/06 0.00 89.30
1020 608298 OS/21/04 511 SBC/MCI 1108505 #2719770 4/07-5/06 0.00 89.30
1020 608298 OS/21/04 511 SBC/MCI 5708510 #2719770 4/07-5/06 0.00 89.30
1020 608298 OS/21/04 511 SBC/MCI 5606620 #2719770 4/07-5/06 0.00 89.30
1020 608298 OS/21/04 511 SBC/MCI 1108505 #2719421 4/07-5/06 0.00 244.87
1020 608298 OS/21/04 511 SBC/MCI 1108501 #5171195 4/01-5/15 0.00 87.23
1020 608298 OS/21/04 511 SBC/MCI 1108501 #2522405 4/01-5/15 0.00 16.31
TOTAL CHECK 0.00 2531. 96
1020 608299 OS/21/04 2810 SMART & FINAL 5806249 SUPPLIES A25727 0.00 12.38
1020 608299 OS/21/04 2810 SMART & FINAL 1106343 SUPPLIES A25727 0.00 17.10
1020 608299 OS/21/04 2810 SMART & FINAL 5806349 SUPPLIES A25727 0.00 178 .34
1020 608299 OS/21/04 2810 SMART & FINAL 5806449 ACCT3140 4/5/04 0.00 288 .62
TOTAL CHECK 0.00 496.44
1020 608300 OS/21/04 1090 STATE BOARD OF EQUALlZAT 1107305 REORGANIZATION FEE 0.00 850.00
1020 608301 OS/21/04 677 STATE STREET BANK & TRUS 110 .PERS DEF 0.00 3962.86
1020 608302 OS/21/04 529 SUNGARD PENTAMATION. INC 6104800 BANK TRANS/CHECK 0.00 454.65
1020 608303 OS/21/04 3013 SWINERTON BUILDERS 4239222 PUBLIC WORKS CONTRACT 0.00 1523072.00
1020 608304 OS/21/04 695 SYSCO FOOD SERVICES OF S 5506549 SOCIAL ACTIVITIES 0.00 310.98
1020 608304 OS/21/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2003-2004 OPEN PURC 0.00 602.95
1020 608304 OS/21/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2003-2004 OPEN PURC 0.00 82.22
TOTAL CHECK 0.00 996.15
1020 608305 OS/21/04 1065 T AND 0 COMMUNICATIONS I 6104800 TIME/MATERIALS 0.00 220.00
1020 608306 OS/21/04 700 TARGET SPECIALTY PRODUCT 1108201 TRAINING 0.00 900.00
1020 608307 OS/21/04 989 THOMPSON PUBLISHING GROU 1104510 FLSA SUBSCP 11/1/04 0.00 359.00
1020 608308 OS/21/04 1993 TREASURER OF ALAMEDA COU 110 A LOPEZ JR 566398126 0.00 253.84
1020 608309 OS/21/04 1154 UNITED WAY OF SANTA CLAR 110 UNITED WAY 0.00 99.00
1020 608310 OS/21/04 2584 UNIVERSAL DIALOG. INC. 1103300 TRANSLATION 0.00 1674.00
1020 608311 OS/21/04 310 VERIZON WIRELESS 1107503 #408456999 APRIL2004 0.00 260.11
1020 608311 OS/21/04 310 VERIZON WIRELESS 1104530 #408456999 APRIL2004 0.00 64.38
1020 608311 OS/21/04 310 VERIZON WIRELESS 1108504 #408456999 APRIL2004 0.00 372.39
1020 608311 OS/21/04 310 VERIZON WIRELESS 5208003 #408456999 APRIL2004 0.00 44.49
1020 608311 OS/21/04 310 VERIZON WIRELESS 1108102 #408456999 APRIL2004 0.00 171.57
1020 608311 OS/21/04 310 VERIZON WIRELESS 1108503 #408456999 APRIL2004 0.00 95.61
1020 608311 OS/21/04 310 VERIZON WIRELESS 1108005 #408456999 APRIL2004 0.00 63.04
1020 608311 OS/21/04 310 VERIZON WIRELESS 1101200 #408456999 APRIL2004 0.00 53.48
1020 608311 OS/21/04 310 VERIZON WIRELESS 5606620 #408456999 APRIL2004 0.00 44.49
1020 608311 OS/21/04 310 VERIZON WIRELESS 5806649 #408456999 APRIL2004 0.00 44 .48
1020 608311 OS/21/04 310 VERIZON WIRELESS 6104800 #408456999 APRIL2004 0.00 48.44
RUN DATE OS/20/04 TIME 10,34,45
- FINANCIAL ACCOUNTING
<)-22-
05120104
ACCOUNTING PERIOD, 11/04
CITY OF CUFERTINO
SELECTION CRITERIA, transaot-trans_date between "05/n/2004" and "05/21/2004"
CHECK REGISTER - DISBURSEMENT FUND
CASH ACCT CHECK NO
FUND - 110 - GENERAL FUND
1020 608311
1020 608311
1020 608311
1020 608311
1020 608311
TOTAL CHECK
1020 608312
1020 608312
TOTAL CHECK
1020
608313
1020
608314
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
ISSUE Dr u__uu_u---VENDORuUUU-hU FUND/DEPT
OS/21/04 310 VERIZON WIRELESS 1107501
OS/21/04 310 VERIZON WIRELESS 1108501
OS/21/04 310 VERIZON WIRELESS 1108201
OS/21/04 310 VERIZON WIRELESS 1108602
OS/21/04 310 VERIZON WIRELESS 1108505
OS/21/04 774
OS/21/04 774
WESTERN HIGHWAY PRODUCTS 2708405
WESTERN HIGHWAY PRODUCTS 2708405
OS/21/04 373
XPEDX
1104310
OS/21/04 2243
YALE-PACIFIC. INC.
6308840
RUN DATE OS/20/04 TIME 10,34,45
PAGE ß
- UhDESCRIPTION- U - h SALES TAX AMOUNT
#408456999 APRILZO04 0.00 211.81
#408456999 APRIL2004 0.00 731.56
#408456999 APRILZO04 0.00 586.41
#408456999 APRIL20O4 0.00 181.90
#408456999 APRIL2004 0.00 88.96
0.00 3063 .12
FY 2003-2004 OPEN PURC 0.00 1316.86
FY 2003-2004 OPEN PURC 0.00 211. 09
0.00 1527.95
COLOR PAPER SUPPLY 0.00 362.37
LPG TANK A25494 0.00 172 .89
0.00 2259652.99
0.00 ZZ59652.99
0.00 2259652.99
- FINANCIAL ACCOUNTING
'5"--1-)
DRAFT
RESOLUTION NO. 04-321
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 DESCRffiED FOR GENERAL AND
MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING
MAY 28, 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:
~{)'~S .
lrector 0 mstratIve ervlccs
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ~day of June , 2004, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
5' - 'LL(
OS/27/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact.trans~date between "05/24/2004" and "05/28/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT --------------VENDOR------------- FUND/DEPT
- ----DESCRIPTION------
SALES TAX
1020 608204 V 05/14/04 M ZANDBERGS, MONIR 580 Refund, Check - REFUND 0.00
1020 GO8315 OS/28/04 1695 3M 2708405 SUPPLIES NOT TO EXCEED 0.00
1020 GO 8316 OS/28/04 2382 AM FIRE PROTECTION SERV 5GO66GO GREASE EXHAUST CLEAN 0.00
1020 GO 83 17 OS/28/04 2825 ACADEMIC CHESS 5806349 SERVICE AGREEMENT FOR 0.00
1020 GO8318 OS/28/04 13 ACME & SONS SANITATION C 5GO6640 PY 2003-2004 OPEN PURC 0.00
1020 608319 OS/28/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25516 0.00
1020 GO 8319 OS/28/04 1884 ALSERTSONS-NORTHERN DIVI 5806349 SUPPLIES A25725 0.00
1020 GO8319 OS/28/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 22934 0.00
TOTAL CHECK 0.00
1020 608320 OS/28/04 2276 ALHAMBRA 5706450 BOTTLED DRINKING WTR 0.00
1020 608321 OS/28/04 M AMARAL. DARCI 580 Refund, Check - Return 0.00
1020 608322 OS/28/04 50 ANDERSON CHEVROLET/GEO 6308840 FUEL PUMP RELAY 20248 0.00
1020 608322 OS/28/04 50 ANDERSON CHEVROLET/GEO 6308840 SWITCH/RESISTOR 20248 0.00
TOTAL CHECK 0.00
1020 608323 OS/28/04 M2004 ANNIE MAC 1100000 ISSUED TO CITY IN ERR 0.00
1020 6O83Z4 OS/28/04 57 ARAMARK 1104510 EMPLOYEE COFFEE SERV 0.00
1020 608324 OS/28/04 57 ARAMARK 1108201 EMPLOYEE COFFEE SERV 0.00
TOTAL CHECK 0.00
1020 608325 OS/28/04 61 ARTISTIC PLANT CREATIONS 1108501 PLANT CARE MAY 2004 0.00
1020 608325 OS/28/04 61 ARTISTIC PLANT CREATIONS 1108504 PLANT CARE MAY 2004 0.00
1020 608325 OS/28/04 61 ARTISTIC PLANT CREATIONS 5708510 PLANT CARE MAY 2004 0.00
1020 608325 OS/28/04 61 ARTISTIC PLANT CREATIONS 1108505 PLANT CARE MAY 2004 0.00
TOTAL CHECK 0.00
1020 608326 OS/28/04 2945 NATASHA AUSTIN 5806249 SERVICE AGREEMENT POR 0.00
1020 608327 OS/28/04 1519 AUTREY SUPPLY CO INC 1108312 PAINT MACHINE A25491 0.00
1020 608328 OS/28/04 2504 ANNE-LORRAINE BARI 5706450 SERVICE AGREEMENT FOR 0.00
1020 608329 OS/28/04 2601 BALL HITCH RAMPS 1106343 SKATE RAMP REPAIRS 0.00
1020 608330 OS/28/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00
1020 608330 OS/28/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00
1020 608330 OS/28/04 968 SAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00
1020 608330 OS/28/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00
1020 608330 OS/28/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00
1020 GO833O OS/28/04 968 BAP AUTO PARTS 6308840 FY 2003-2004 OPEN PURC 0.00
TOTAL CHECK 0.00
RUN DATE OS/27/04 TIME 07,59,OS
- FINANCIAL ACCOUNTING
~
PAGE 1
AMOUNT
-300.00
1725.24
575.00
6304.00
172.83
48.87
100.00
20.74
169 .61
GO.65
750.00
10.38
25.14
35.52
238 .08
476.13
62.93
539.06
200.00
2GO .00
128.00
130.00
718.00
507.50
113.15
490.00
220.00
46.88
130.86
49.80
103.01
55.52
-103.01
283.06
5'-2:)
OS/27/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
PAGE 2
SELECTION CRITERIA, transact. trans_date between "05/24/2004" and "05/2B/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT _un---------VENDOR------------- FUND/DEPT u-- -DESCRIPTION------ SALES TAX AMOUNT
1020 608331 OS/2B/04 3172 BAY AREA PARENT 5706450 SPORTS CENTER AD 0.00 663. 00
1020 608331 OS/2B/04 3172 BAY AREA PARENT 5706450 SPORTS CENTER AD 0.00 665. 00
TOTAL CHECK 0.00 132B. 00
1020 608332 OS/2B/04 M BHATT. BINA 580 Refund, Check - SUMMER 0.00 160.00
1020 608333 OS/2B/04 100 BMI IMAGING SYSTEMS 1104300 MICROFILMING 0.00 664.32
1020 608334 OS/2B/04 2895 BROWING-FERRIS INDUSTRIE 5208003 VOLUME APRIL 2004 o. 00 116233.14
1020 608335 OS/2B/04 M Benedetti. Diane 550 Refund, Check - Refund 0.00 66. 00
1020 608336 OS/2B/04 127 THE CALIFORNIA CHANNEL 1103500 PROGRAMMING MAY2004 0.00 253.34
1020 608337 OS/2B/04 124 CALIFORNIA SAFETY & CLEA 1108409 OISP GLOVES A25498 0.00 661.72
1020 608337 OS/2B/04 124 CALIFORNIA SAFETY & CLEA 1108409 SUPPLIES 0.00 83 .2B
TOTAL CHECK 0.00 745. 00
1020 6OB338 OS/2B/04 1476 CANNON DESIGN GROUP 1101070 ARCHITECT RVW 0.00 31.47
1020 608338 OS/2B/04 1476 CANNON OESIGN GROUP 110 R2502B ARCHITECT RVW 0.00 240. 00
1020 608338 OS/2B/04 1476 CANNON OESIGN GROUP 110 R25015 ARCHITECT RVW 0.00 1000.00
1020 608338 OS/2B/04 1476 CANNON DESIGN GROUP 110 R24533 ARCHITECT RVW 0.00 480.00
1020 608338 OS/2B/04 1476 CANNON DESIGN GROUP 110 R24804 ARCHITECT RVW 0.00 480.00
1020 608338 OS/2B/04 1476 CANNON DESIGN GROUP 110 R23912 ARCHITECT RVW 0.00 623.31
1020 608338 OS/2B/04 1476 CANNON DESIGN GROUP 110 R24957 ARCHITECT RVW o. 00 480. 00
1020 608338 OS/28/04 1476 CANNON DEStGN GROUP 110 R24953 ARCHITECT RVW 0.00 625.22
TOTAL CHECK 0.00 3960. 00
1020 608339 OS/2B/04 14B CASH 6308840 P.CASH 5/12-5/20 0.00 64 .69
1020 608339 OS/2B/04 148 CASH 1108201 P.CASH 5/12-5/20 0.00 14.80
1020 608339 OS/2B/O4 148 CASH 1108501 P.CASH 5/12-5/20 O. 00 3.43
1020 608339 OS/2B/O4 148 CASH 1108830 P.CASH 5/12-5/20 0.00 15.59
TOTAL CHECK 0.00 98 .51
1020 608340 OS/2B/04 149 CASH 1101000 P.CASH 5/17-5/24 0.00 10.00
1020 608340 OS/2B/04 149 CASH 1100000 P.CASH 5/17-5/24 0.00 -0.25
1020 608340 OS/2B/04 149 CASH 1104100 P.CASH 5/17-5/24 0.00 50.00
1020 608340 OS/2B/04 149 CASH 1107301 P.CASH 5/17-5/24 0.00 20.00
1020 608340 OS/2B/0< 149 CASH 110B601 P.CASH 5/17-5/24 0.00 45.00
1020 6OB34O OS/2B/04 149 CASH 1104510 P.CASH 5/17-5/24 0.00 11.00
1020 608340 OS/2B/O4 149 CASH 2204010 P.CASH 5/17-5/24 0.00 37.88
TOTAL CHECK O. 00 173.63
1020 608341 OS/2B/04 152 CEB,CONTINUING EDUCATION 1101500 CA ADMIN MANDAMUS 3RD 0.00 115.23
1020 608342 OS/2B/04 2871 JACKSON CHOW 5806349 SERVICE AGREEMENT FOR 0.00 3822.00
1020 608343 OS/2B/04 173 COCA-COLA BOTTLING OF CA 5706450 FY 2003-2004 OPEN PURC O. 00 150.85
1020 608344 OS/2B/O4 1194 COURTESY TOW 6308840 FY 2003-2004 OPEN PURC 0.00 64.00
RUN DATE OS/27/04 TIME 07,59,OS
- FINANCIAL ACCOUNTING
~~2b
OS/27/04 CITY OF CUPERTINO PAGE 3
ACCOUNTING PERIOD, 13/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/24/200<" and "05/28/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT n_nnn_----VENDORnn_nn_n- FUND/DEPT -_n-DESCRIPTION------ SALES TAX AMOUNT
1020 GO8345 OS/28/04 187 MARY J CRAWFORD 5806349 SPORTS,FUN . GAMES 0.00 856.80
1020 GO8345 OS/28/04 187 MARY J CRAWFORD 5806349 JKR NC O'KAIGAN DOJO 0.00 1038 .34
TOTAL CHECK 0.00 1895.14
1020 GO8346 OS/28/04 M CUPERTINO NAT'L LITTLE L 580 DEPOSIT ROOM 11/15/03 0.00 300.00
1020 GO 8347 OS/28/04 2628 CUSHMAN CONSTRUCTION COM 1308314 REPAIR TENNIS COURT AT 0.00 577 .50
1020 GO8348 OS/28/04 M DASHIRO, YUKI 580 Refund, Check - SPRING 0.00 56.00
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 5GO6620 INITIAL CLEAN-UP 5/3 0.00 263 .25
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 5GO6640 JANITORIAL MAY20o< 0.00 450.64
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1108509 JANITORIAL MAY2004 0.00 714.28
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308506 JANITORIAL MAY2004 0.00 346.84
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1108504 JANITORIAL MAnO04 0.00 6244.50
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 5708510 JANITORIAL MAY2004 0.00 5311. 03
1020 GO 8349 OS/28/04 209 DE ANZA SERVICES INC 1308507 JANITORIAL MAY2004 0.00 2228.38
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308505 JANITORIAL MAY2004 0.00 3535.12
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1108508 JANITORIAL MAY2004 0.00 141.53
1020 608349 OS/28/04 209 DE ANZA SERVICES INC 1108511 JANITORIAL MAY2004 0.00 1163.89
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308501 JANITORIAL MAY 2004 0.00 2520.21
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308502 JANITORIAL MAY 2004 0.00 1665.66
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308503 JANITORIAL MAY 2004 0.00 2008.63
1020 GO 8349 OS/28/04 209 DE ANZA SERVICES INC 1108303 JANITORIAL MAY 2004 0.00 1494 .23
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308302 JANITORIAL MAY 2004 0.00 747.10
1020 GO 8349 OS/28/04 209 DE ANZA SERVICES INC 5606620 JANITORIAL MAY2004 0.00 450.65
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308314 JANITORIAL MAY 2004 0.00 1829.16
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308407 JANITORIAL MAY 2004 0.00 1014.93
1020 GO8349 OS/28/04 209 DE ANZA SERVICES INC 1308315 JANITORIAL MAY 2004 0.00 747.10
TOTAL CHECK 0.00 32877.13
1020 GO8350 OS/28/04 M DE URIOSTE. CAAA 580 RFDS 271723 . 271724 0.00 276.00
1020 GO8351 OS/28/04 M DELROSARO. VALERIE 580 Refund, Check - SUMMER 0.00 lGO .00
1020 608352 OS/28/04 M Devereaux. Ruth 550 Refund, Check - Refund 0.00 475.00
1020 GO8353 OS/28/04 3147 MARTHA ENGBER 5706450 SERVICE AGREEMENT FOR 0.00 350.00
1020 GO8354 OS/28/04 234 ENGINEERING DATA SERVICE 1104300 PUBLIC HEARING NOTICE 0.00 298.68
1020 GO8355 OS/28/04 250 EUPHRAT MUSEUM OF ART 5806349 SERVICE AGREEMENT FOR 0.00 3396 .67
1020 608356 OS/28/04 M FA. BINHUAI 580 Refund, Check - SUMMER 0.00 62.00
1020 GO8357 OS/2a/04 2GO FEDERAL EXPRESS CORP 4239222 CC'L FURNITURE PROJ 0.00 190.21
1020 GO8358 OS/28/04 2361 FIRST BANKCARD 1301200 STATEMENT MAY2004 0.00 57a. 92
1020 GO8358 OS/28/04 2361 FIRST BANKCARD 1303500 STATEMENT MAnO04 0.00 22.25
TOTAL CHECK 0.00 GO 1. 17
RUN DATE OS/27/04 TIME 07,59,05
- FINANCIAL ACCOUNTING
<;'-27
OS/27/04 CITY OF CUPERTINO PAGE 4
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact-trans_date between "05/24/2004" and "05/2B/20""
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT ------------ --VENDOR-h---------- FUND/DEPT - -h -DESCRIPTION-- - - -- SALES TAX AMOUNT
1020 608359 OS/28/04 266 RYAN FORBES sa06449 SERVICE AGREEMENT FOR 0.00 2171.40
1020 608360 OS/28/04 3132 SOPHIE GIARETTA 5706450 SERVICE AGREEMENT FOR 0.00 456.00
1020 608361 OS/28/04 298 GRAINGER INC 1108503 FY 2003-2004 OPEN PURC 0.00 79.54
1020 608361 OS/28/04 298 GRAINGER INC 1108503 FY 2003-2004 OPEN PURC 0.00 30.20
TOTAL CHECK 0.00 109.74
1020 608362 OS/28/04 2531 GURSHARN SIDHU 5606620 ELECTRICAL WORK 0.00 5200.00
1020 608363 OS/28/04 M2004 RAN CHIEH LIN 110 RFO ENCROACH SOND 0.00 500.00
1020 608364 OS/28/04 M HASEGAWA. KOJI saD Refund, Check - SPRING 0.00 62 .00
1020 608365 OS/28/04 1410 HILLYARD 5606640 SUPPLIES 0.00 308.67
1020 608366 OS/28/04 2540 HILTI 2708405 EPOXY SUPPLIES A25496 0.00 532.97
1020 608367 OS/28/04 2612 RONALD HOGUE 5506549 SERVICE AGREEMENT FOR 0.00 200.00
1020 608368 OS/28/04 M HSU, YUCHUAN sao Refund, Check SUMMER 0.00 56. 00
1020 608369 OS/28/04 M2004 HUANG. JESSICA 1104510 FINGERPRINT REFUND 0.00 20.00
1020 608370 OS/28/04 337 HUSBANDS. ASSOCIATES 1108314 LIDS A25480 0.00 503.98
1020 608371 OS/28/04 M Huffman, Bettie 550 REFOS 57660 . 54661 0.00 500.00
1020 608372 OS/28/04 2090 IKON OFFICE SOLUTIONS 1107501 CANON LASER FAX 0.00 1500.62
1020 608372 OS/28/04 2090 IKON OFFICE SOLUTIONS 1108101 CANON LASER FAX 0.00 1500.63
TOTAL CHECK 0.00 3001.25
1020 608373 OS/28/04 2528 INDOOR BILLBOARD 1108303 FY 2003-2004 OPEN PURC 0.00 214 .05
1020 608373 OS/28/04 2528 INDOOR BILLBOARD 1108302 FY 2003-2004 OPEN PURC 0.00 214.05
1020 608373 OS/28/04 2528 INDOOR BILLBOARD 1108312 FY 2003-2004 OPEN PURC 0.00 214.05
1020 608373 OS/28/04 2528 INDOOR BILLBOARD 1108315 FY 2003-2004 OPEN PURC o. 00 214.04
1020 608373 OS/28/04 2528 INDOOR BILLBOARD 1108314 FY 2003-2004 OPEN PURC 0.00 214.04
TOTAL CHECK 0.00 1070.23
1020 608374 OS/28/04 2285 KATHRYN KELLY JDESTEN 1106265 SERVICE AGREEMENT FOR 0.00 175.00
1020 608375 OS/28/04 1122 JOHNSTONE SUPPLY 1108501 FILTERS A25505 O. 00 124.65
1020 608375 OS/28/04 1122 JOHNSTONE SUPPLY 1108501 FILTER S A25505 0.00 208.96
TOTAL CHECK 0.00 333.61
1020 608376 OS/28/04 M KIM. LILLIAN sao Refund, Check - SUMMER 0.00 32.00
1020 608377 OS/28/04 371 LISA KING 5806449 SERVICE AGREEMENT FOR 0.00 925.00
1020 608378 OS/28/04 372 KINKO'S INC 1108601 STREET CLOSURE A2S001 0.00 163.67
RUN DATE OS/27/" TIME 07,59,05
- FINANCIAL ACCOUNTING
s--2%
05(27(04
ACCOUNTING PERIOD, 11(04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05(24(2004" and "05(28(2004"
FUND - 110 - GENERAL FUND
1020
CASH ACCT CHECK NO
608379
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
1020
608380
608381
608382
608383
608384
608385
608386
608387
608388
608389
608390
608391
608392
608393
608394
608395
1020 608396
1020 608396
TOTAL CHECK
1020
1020
608397
1020 6083"
TDTAL CHECK
6083"
1020
608399
1020 608400
1020 608400
TOTAL CHECK
1020
608401
05(28(04 382
ISSUE DT --------------VENDOR------------- FOND(DEPT
5506549
05(28(04 M
05(28(04 390
05(28(04 2999
05(28(04 1396
05(28(04 400
05(28(04 408
05(28(04 M
05(28(04 3159
05(28(04 2942
05(28(04 M
05(28(04 M
05(28(04 424
05(28(04 1670
05(28(04 465
05(28(04 M2004
05(28(04 473
05(28(04 485
05(28(04 485
05(28(04 489
05(28(04 494
05(2B(04 494
05(28(04 505
05(28(04 2444
05(28(04 2444
05(28(04 526
DAYTON PRINTING INC.
LAW. YUMEI
LAWSON PRODUCTS INC
LESCO
580
2708405
110B312
LIEBERT CASSIDY WHITMORE 1104510
5706450
LIFETIME TENNIS INC
LOS GATOS MEAT & SMOKEHO 5606620
550
Lowenstein. Karen
JOSE A RODRIQUEZ
1106265
MACKE WATER SYSTEMS, INC 110B501
580
MAEDA. HIROMI
MALLORY, CAROLYN
MARCHANT TRAVEL
MATTHEW'S CONCRETE
580
550
4209216
MOUNTAIN VIEW GARDEN CEN 110B314
1104510
NARRUHN, TIANA
NASER DISTRIBUTORS INC
NEWMAN TRAFFIC SIGNS
NEWMAN TRAFFIC SIGNS
5606620
2708405
2708405
NOTEWORTHY MUSIC SCHOOL 5B06349
OFFICE DEPOT, INC.
OFFICE OEPOT, INC.
ORLANDI TRAILER
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
1101500
1101500
630BB40
1108101
110BB30
PENINSULA DIGITAL lMAGIN 110
RUN OATE OS/27(04 TIME 07,59,OS
--- - -DESCRIPTION------
SENIOR NEWSLTR JUNE
Refund, Check - SUMMER
SUPPLIES A25497
FY 2003-2004 OPEN PURC
FAIR LABOR STANDARDS
SERVICE 4(26-5(23(04
FY 2003-2004 OPEN PURC
Refund, Check - Refund
LOBBY FUNITURE QC 70%
RENTAL 6(01-7(31(04
Refund, Check - SPRING
Refund, Check - SUMMER
TRIP 10(10 Q.CRUISE
REMOVE EXISTING ASPHAL
FY 2003-2004 OPEN PURC
FINGERPRINT REFUND
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
SERVICE AGREEMENT FOR
OFFICE SUPPLIES
OFFICE SUPPLIES
HITCH PINS 20244
4(22-5(20 WIRELESS TR
4(22-5(20
IMPROVE PLANS
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
FINANCIAL ACCOUNTING
PAGE 5
AMOUNT
562.90
10.00
291.20
580.22
102.84
60517. BO
371.34
66 .00
4429.90
60.00
65.00
26 .00
600.00
6163.00
251.14
25.00
625.34
-233.75
3289.50
3055.75
5BBB .25
384 .27
" .16
47B .43
28 .15
979.03
10724."
11703.97
111.50
)'-L1
OS/27/04 CITY OF CUPERTINO PAGE 6
ACCOUNTING PERIOD, 11/04 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact . trans_date between "05/24/2004" and "05/28/2004"
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR----hh----- FUND/DEPT -----DESCRIPTION- - - -- - SALES TAX AMOUNT
1020 608402 OS/28/04 545 JEFF PISERCHIO 5606640 SERVICE 5/12-5/25 0.00 1956. 00
1020 608403 OS/28/04 3149 MELISSA PIITILLO 5706450 SERVICE AGREEMENT FOR 0.00 360.00
1020 608404 OS/28/04 M PRUITT. MILES 580 Refund, Check SUMMER 0.00 210.00
1020 608405 OS/28/04 2380 PURCHASE POWER 1104310 POSTAGE METER CHARGE 0.00 6069.00
1020 608406 OS/28/04 3093 Q. C. DOUGHTY 5706450 SERVICE AGREEMENT FOR o. 00 760. 00
1020 608407 OS/28/04 3023 REALNETWORKS INC 1103500 UPGRADE/SUPPORT 0.00 718.35
1020 608408 OS/28/04 590 RICH VOSS TRUCKING INC 5208003 COMPOST HAULING 0.00 700.00
1020 608409 OS/28/04 3060 JAMIE RIEGER 5806349 SERVICE AGREEMENT FOR 0.00 429.00
1020 608410 OS/28/04 602 ROYAL COACH TOURS 5506549 SFO & PACBELL PARK 0.00 666.05
1020 608411 OS/28/04 2833 THEA RUNYAN 5706450 SERVICE AGREEMENT FOR 0.00 560.00
1020 608412 OS/28/04 3173 S & S SUPPLIES & SOLUTIO 6308840 TOOLS A25413 0.00 986.98
1020 608412 OS/28/04 3173 S & S SUPPLIES & SOLUTIO 6308840 TOOLS A25413 0.00 -259.70
TOTAL CHECK 0.00 727.28
1020 608413 OS/28/04 M2004 SANTA CLARA COUNTY 1104400 2004 MERSHP DUES 0.00 50.00
1020 608414 OS/28/04 1636 SANTA CLARA CTY SHERIFF 1104510 FINGERPRINTS MAR20O4 0.00 126.00
1020 608415 OS/28/04 633 SANTA CLARA COUNTY SHERI 5806349 JR HI DANCE 5/14 0.00 433.10
1020 608416 OS/28/04 1648 SAVIN CORPORATION {SUPPL lI04310 H3720300010 5/22-8/21 0.00 1554.00
1020 608417 OS/28/04 2692 SBC lI08501 4/0B-5/07 0.00 55.13
1020 608417 OS/28/04 2692 SBC lIOB501 4/0B-5/07 0.00 55.13
1020 608417 OS/28/04 2692 SSC 570B510 4/08-5/07 0.00 55.13
1020 60B417 OS/28/04 2692 SBC lI08501 4/0B-5/07 O. 00 55.13
TOTAL CHECK 0.00 220.52
1020 608418 OS/28/04 M SHEA, JOANNA 5BO Refund, Check - SPRING 0.00 25 .00
1020 60B419 OS/28/04 3053 CHRISTINE SHEPHERD 5806349 SERVICE AGREEMENT FOR o. 00 352.50
1020 608420 OS/28/04 M SHIN. KYONG MO 580 Refund, Check - SUMMER 0.00 248.00
1020 608421 OS/28/04 2051 SIADAT ENTERPRISES, INC. 6308840 CAR WASHES APRIL04 0.00 97.50
1020 608422 OS/28/04 2810 SMART & FINAL 5806349 SUPPLIES A25742 0.00 168.02
1020 608423 OS/28/04 M SOLARI. STACIE 580 Refund, Check - SUMMER 0.00 145.00
RUN DATE OS/27/04 TIME 07,59,06
- FINANCIAL ACCOUNTING
')-JD
OS/27/04 CITY OF CUPBRTINO PAGE 7
ACCOUNT,"G PERIOD, 11/04 CHECK REGISTER ~ DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/24/2004" and "05/28/2004"
FUND ~ 110 ~ GENERAL FUND
CASH ACCT CHECK NO ISSUE DT hhhhh~h~VENDORh~~hh~~h- FUND/DEPT ~ ~h~DESCRIPTIONhh~~ SALES TAX AMOUNT
1020 608424 OS/28/04 3171 STAPLES BUSINESS ADVANTA 1104100 COFFEE SUPPLIES 0.00 105.05
1020 608424 OS/28/04 3171 STAPLES BUSINESS ADVANTA 1104310 PAPER 0.00 242.48
TOTAL CHECK 0.00 347.53
1020 608425 OS/28/04 529 SUNGARD PENT>MATION. INC 6104SO0 DATALINE CHRGS APR04 0.00 123.92
1020 608426 OS/28/04 2045 SVCN 1104300 FY 2O03~2004 OPEN PURC 0.00 33.00
1020 608426 OS/28/04 2045 SVCN 1104300 FY 2003~2004 OPEN PURC 0.00 38 .50
1020 608426 OS/28/04 2045 SVCN 1104300 FY 2O03~2004 OPEN PURC 0.00 52.25
TOTAL CHECK 0.00 123.75
1O20 608427 OS/28/04 M SWIFT, MIRNA 580 Refund, Check - SPRING 0.00 62.00
1020 608428 OS/28/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2003-2004 OPEN PURC 0.00 2169 . 08
1020 608428 OS/28/04 695 SYSCD FOOD SERVICES OF S 5606640 SUPPLIES 0.00 214.44
TOTAL CHECK 0.00 2383.52
1020 608429 OS/28/04 M Smullen. Valerie 550 Refund, Check - Refund 0.00 66 .00
1020 608430 OS/28/04 700 TARGET SPECIALTY PRODUCT 1108407 FY 2O03~2004 OPEN PURC 0.00 1487.87
1020 608431 OS/28/04 701 TARGET STORES 5806249 SUPPLIES 25506 0.00 8.42
1020 608431 OS/28/04 701 TARGET STORES 5SO6349 SUPPLIES 25514 0.00 32 .24
1020 60843l OS/28/04 701 TARGET STORES 5706450 SUPPLIES A25691 0.00 117.28
TOTAL CHECK 0.00 157.94
1020 608432 OS/28/04 1763 THEATERFUN INC saO6349 SERVICE AGREEMENT FOR 0.00 1676.50
1020 608433 OS/28/04 2545 TICKETEASY 5506549 SANTA ROSA TOUR 5/27 0.00 n2.50
1020 608433 OS/28/04 2545 TICKETEASY 5506549 HAIRSPRAY 6/4 0.00 998.40
TOTAL CHECK 0.00 InO. 90
1020 608434 OS/28/04 3105 CELESTE TILLSON saO6349 SERVICE AGREEMENT FOR 0.00 637.34
1020 608435 OS/28/04 3174 TOYOTA MOTOR SALES USA. 6308840 RAV-4 EXTENSION 0.00 77".00
1020 608436 OS/28/04 2665 ERIN TORI saO6349 SERVICE AGREEMENT FOR 0.00 610.00
1020 608437 OS/28/04 727 U S POSTMASTER 5806249 POSTAGE STAMPS 0.00 74.00
1020 608437 OS/28/04 727 U S POSTMASTER 5806349 POSTAGE STAMPS 0.00 74.00
1020 608437 OS/28/04 727 U S POSTMASTER 5806449 POSTAGE STAMPS 0.00 74.00
TOTAL CHECK 0.00 222.00
1020 608438 OS/28/04 738 VALLEY OIL COMPANY 6308840 FY 2003~2004 OPEN PURC 0.00 75.54
1020 608438 OS/28/04 738 VALLEY OIL COMPANY 6308840 FY 2O03~2004 OPEN PURC 0.00 4198 .49
TOTAL CHECK 0.00 4274.03
1020 608439 OS/28/04 M VAN GOOL, FRANKA 580 Refund, Check ~ SUMMER 0.00 369.00
1020 608440 OS/28/04 742 COSETTE VIAUD 5806349 SERVICE AGREEMENT FOR 0.00 683.67
RUN DATE OS/27/04 TIME 07,59,06
~ FINANCIAL ACCOUNTING
~ - 2>[
OS/27/04
ACCOUNTING PERIOD, 11/04
CITY OF CUPERTINO
CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA, transact. trans_date between "05/24/2004" and "05/28/2004"
CASH ACCT CHECK NO
FUND - 110 - GENERAL FUND
1020
608441
l020
608442
l020 608443
1020 608443
TOTAL CHECK
1020 608444
l020 608445
l020 608446
l020 608447
l020 608448
l020 60844'
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
OS/28/04 766
ISSUE DT --------------VENDOR------------- FUND/DEPT
WEST BAY STUMP REMOVAL I 11083l5
OS/28/04 768
OS/28/04 774
OS/28/04 774
OS/28/04 2969
OS/28/04 792
OS/28/04 l08l
OS/28/04 962
OS/28/04 M
OS/28/04 M
RUN DATE OS/27/04 TIME 07,59,06
WEST GROUP PAYMENT CENTE 110l500
WESTERN HIGHWAY PRODUCTS 2708405
WESTERN HIGHWAY PRODUCTS 2708405
WIC, WONDER ICE CREAM 01 5606620
LILY WU
5706450
YAMAGAMI 'S NURSERY
1108312
LINDA YELAVICH
5506549
YD. YOUNG
580
YD. YOUNG
580
-----DESCRIPTION------
STUMP GRINDING (24)
CA LEGAL FILING DIR.
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
FY 2003-2004 OPEN PURC
SERVICE AGREEMENT FOR
LANDSCAPE SPLY 13078
MAY BIRTHDAYS
Refund, Check - SUMMER
Refund, Check - SUMMER
SALES TAX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- FINANCIAL ACCOUNTING
PAGE 8
AMOUNT
840.00
340.H
5788 .51
3098 .12
8886 .63
415.45
304.00
27.26
169.51
no.oo
320.00
345194.82
345H4.82
345194.82
Ç'- J;)..
RESOLUTION NUMBER 04-322
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
May 21,2004
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
$ 439,911.50
Less Employee Deductions
$(122,660.97)
NET PAYROLL
$ 317 250.53
Payroll check numbers issued 74590 through 74829
Void check number(s)
CERTIFIED: ~ t1 ~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of
Cupertino this ~ day of June , 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
~ -I
F
CUPEIQ1NO
PARKS AND RECREATION ADMINISTRATION
STAFF REPORT
Agenda Item Number Î
Agenda Date: June 7, 2004
SUBJECT
Approve application for grant funding under the Land and Water Conservation Fund for Stevens Creek
Corridor Park.
BACKGROUND
Funding is available ftom the Land and Water Conservation Fund (L WCF) for outdoor recreation
purposes. This grant program can match state funding for local projects.
We have begun, what will likely be a multi-year effort, to assemble the funds necessary to bring a
community vision for the Stevens Creek Corridor to fruition. L WCF funding is particularly attractive
because no local match is required. We have already secured state funds for this project and they can be
used to meet the required match.
On December 15, 2003, the City Council authorized the city manager to enter into a contract for $220,000
of Per Capita Funds under the 2002 Resources Bond Act for the Stevens Creek Corridor Project. The
Council has also authorized the contract for Roberti-Z'Berg-Harris Block Grant Funds in the amount of
$129,165. Staff is now processing an application for $80,000 from the Land and Water Conservation
Funds.
Funds currently available or pending review for this project to date include:
. $220,000, 2002 Resources Bond Act - Secured
. $129,165, Roberti-Z'Berg-Harris Block Grant - Secured
. $833,000, Urban Park Act - Applied, pending word in fall 2004
. Amount to be detennined, Santa Clara Valley Water District partnership (various funding sources)
. $80,000, Land and Water Conservation Fund - currently applying
RECOMMENDATION
Authorize, by Resolution next in order, application for $80,000 from the Land and Water Conservation
Fund for the Stevens Creek Corridor Project.
SUBMITTED BY:
APPROVED FOR SUBMISSION
T1J£TCIL:
David W. Knapp
City Manager
fì\~
Therese Ambrosi Smith, Director
Parks and Recreation Department
g:\parks and <ecreation admin\l stevens creek coITidor\staff<eports~wcf & reso to cc 060704.doc
P,inted on Recycled Pape,
I-I
RESOLUTION NO. 04-323
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE
STEVENS CREEK CORRIDOR PARK PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of
a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds
to the State of Cali fomi a and its political subdivisions for acquiring lands and developing
Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for
administration of the program in the State, setting up necessary rules and procedures governing
Applications by local agencies under the program; and
WHEREAS, said adopted procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of Applications and the
availability of eligible Matching funds prior to submission of said Applications to the State; and
WHEREAS, the proposed Stevens Creek Corridor Park Project is consistent with the
Statewide Comprehensive Recreation Resources Plan California Outdoor Recreation Plan -
2002; and
WHEREAS, the Project must be compatible with the land use plans ofthose jurisdictions
immediately surrounding Project;
NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council hereby:
1.
Approves the filing of an Application for Land and Water Conservation Fund assistance;
and
2.
Certifies that said agency has Matching funds ftom the following source: 2002 Resources
Bond Act allocation and can finance 100 percent ofthe Project, half of which will be
reimbursed; and
3.
Certifies that the Project is compatible with the land use plans of those jurisdictions
immediately surrounding the Project; and
4.
Appoints the City Manager as agent of the Applicant to conduct all negotiations and
execute and submit all documents, including, but not limited to, Applications, contracts,
amendments, payment requests, and compliance with all applicable current state and
federal laws which may be necessary for the completion ofthe aforementioned Project.
,-2
Resolution 04-323
June 7, 2004
Page 2 of2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
l-J
RESOLUTION NO. 04-324
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF EASEMENT MAINTENANCE AGREEMENT
BETWEEN THE CITY AND MURANO HOMEOWNERS ASSOCIATION,
A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION,
LOCATED ON IMPERIAL A VENUE; DEVELOPER
WHEREAS, there has been presented to the City Council a proposed Easement
Maintenance Agreement between the City of Cupertino and Murano Homeowners Association, a
California Nonprofit Mutual Benefit Corporation, to allocate the costs of maintenance, repair and
replacement between the Association and City of the easement areas leading ftom the project to
Poppy Way and related improvements, including the trail, landscaping, and hardscaping, and the
portion of the walkways for Residential Lots 3, 4, 5, 6, 7, 53, 54, and 55, which is located on real
property owned by the City; and
WHEREAS, said Easement Maintenance Agreement establishes certain criteria and
procedures for the accomplishment of said maintenance, repair, and replacement of the above-
listed areas.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2004, by the following vote:
Vote
Members Qfthe.Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
or-I
RESOLUTION NO. 04-325
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE PARCEL MAP AND IMPROVEMENT PLANS OF PROPERTY
LOCATED AT 21949 LINDY LANE, APN 356-25-016; DEVELOPER,
MOXLEY PROPERTIES-CUPERTINO, A CALIFORNIA LIMITED PARTNERSHIP;
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT; AUTHORIZING
SIGNING OF PARCEL MAP AND IMPROVEMENT PLANS
WHEREAS, there has been presented to the City Council for approval of the parcel map
and improvement plans of property located at 21949 Lindy Lane, APN 356-25-016 by Moxley
Properties-Cupertino, a California Limited Partnership; and
WHEREAS, there has been presented to the City Council a proposed agreement for the
construction of streets, curbs, and gutters and for other improvements, and good and sufficient
bonds (letter of credit), fees, and deposits having been presented for the faithful performance of
said work and the carrying out of said agreement; and said map, agreement, and bonds having
been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT:
a.
b.
Said parcel map and improvement plans herein referred to are hereby approved.
The offer of dedication for street areas and all easements is hereby accepted.
The City Engineer is hereby authorized to sign said improvement plans.
The City Engineer and the City Clerk are hereby authorized to sign said parcel
map and have it recorded.
The Mayor and the City Clerk are hereby authorized to execute the agreement
herein referred to.
c.
d.
e.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June 2004, by the following vote:
Vote
Members Qfthe Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
q-I
Resolution No. 04-325
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT:
Three Single Family Homes
Moxley Properties-Cupertino, a California Limited Partnership
LOCATION:
21949 Lindy Lane
A. Faithful Performance Bond: $ 94,605.50
NINETY-FOUR THOUSAND SIX HUNDRED FIVE AND 501100 DOLLARS
B. Labor and Material Bond: $ 94,605.50
NINETY-FOUR THOUSAND SIX HUNDRED FIVE AND 50/100 DOLLARS
C. Checking and Inspection Fees: $ 4,730.28
FOUR THOUSAND SEVEN HUNDRED THIRTY AND 28/100 DOLLARS
D. Development Maintenance Deposit:
ONE THOUSAND AND 00/100 DOLLARS
$ 1,000.00
E. Storm Drainage Fee: Basin #2
TWO THOUSAND EIGHTY AND 00/100 DOLLARS
$ 2,080.00
F.
One Year Power Cost:
NA
G.
Street Trees:
By Developer
H. Map Checking Fee:
FOUR HUNDRED SIXTY-THREE AND 00/100 DOLLARS
$
463.00
1. Park Fee: Zone III $ 31,500.00
THIRTY-ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
J.
Water Main Reimbursement:
N/A
K.
Maps and/or Improvement Plans:
As specified in
Item #21 of agreement
~-2-
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777-3333
F
CUPEIQ1NO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
ID
AGENDA DATE June 7, 2004
SUBJECT AND ISSUE
Adoption by the City Council of Resolution No. 04-3210 , authorizing the City Manager to
execute a Cooperative Agreement with the City of Sunnyvale to receive $110,000.00 in funds
previously committed by Sunnyvale to the Mary Avenue Bicycle Footbridge Project.
BACKGROUND
The Mary Avenue Bicycle Footbridge Project consists ofthe 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 in the project budget and funding, the City of Sunnyvale previously committed
$110,000.00 toward the local share of the project funding. The City of Sunnyvale proposes to
deliver those funds to Cupertino through execution of a cooperative agreement that formalizes
Sunnyvale's financial contribution to the project. The agreement also specifies that the financial
contribution to the project will be in the form of a $55,820.00 cash payment and a pass through
of $54,180.00 of Sunnyvale's allocation of Transportation Development Act Article 3 (TDA 3),
for a total of $11 0,000.00.
Pdnted on Recycled Paper
{ 0-1
Bud,get and Fundin,g of the Project
Budl!et
Item
Amount
Cost Estimate for Construction
Contingency
Design
Construction Management
Feasibility Study (Completed)
$ 5,013,317
300,000
1,300,000
300,000
200,000
Total Project Budget
$ 7,113,317
Fundinl! Sources
Item
Amount
VTA Grant Share (80%)
State Transportation Fund (Sher)
City of Sunnyvale
Bicycle Transportation Account
TDA 3 (non-BEP)
City of Cupertino CIP
$ 5,440,000
500,000
110,000
600,000
63,317
400.000
Total Project Funding
$ 7,113,317
FISCAL IMPACT
Execution of the cooperative agreement with Sunnyvale will allow the City to receive the
$110,000.00 committed by Sunnyvale toward the local share of the project funding.
STAFF RECOMMENDATION
Adopt Resolution No. 04- '3.2(. , authorizing the City Manager to execute a Cooperative
Agreement with the City of Sunnyvale to receive $110,000.00 in funds previously committed by
Sunnyvale to the Mary Avenue Bicycle Footbridge Project.
Submitted by: 11 Å~
~U_""V
Director of Public Works
submission:
IO~2
RESOLUTION NO. 04-326
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF
SUNNYVALE CONCERNING THE MARY A VENUE BICYCLE FOOTBRIDGE
WHEREAS, THE city of Sunnyvale has committed $110,000.00 for the Mary
Avenue Bicycle Footbridge; and
WHEREAS, the City of Sunnyvale wishes to enter into cooperative agreement to
transfer said committed funds to the City of Cupertino.
NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City
of Cupertino hereby authorizes the City Manager to execute a Cooperative Agreement
between the City of Cupertino and the City of Sunnyvale for the Mary Avenue Pedestrian
Footbridge Project in order that the City of Cupertino can receive from the City of
Sunnyvale $110,000.00 committed to the Project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
(0 - 3
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY 0
CUPEIQ1NO
Community Development Department
SUMMARY
AGENDA NO.JL
AGENDA DATE Tune 7,2004
SUMMARY: APPEAL of the Planning Commission denial of the use permit (U-2003-
12) to install a 55-foot tall personal wireless service facility, consisting of six, 4.25 feet
tall panel antennas mounted on an artificial treepole and associated base equipment at
an existing shopping center.
RECOMMENDATION:
Staff recommends this itern be removed from the calendar.
DISCUSSION:
Please find attached a letter from Cingular Wireless requesting withdrawal of the
appeal application.
Enclosures:
Withdrawal letter from the applicant dated May 18, 2004
Prepared by: Gary Chao, Assistant Planner
Ã7L
Steve Piasecki
Director of Community Development
APPROVED BY:
~:~pp
City Manager
G:\Planning\PDREPORT\ CC\ U-2003-12appeal.doc
P,¡nted on Recycled Pap",
I\~(
MAY .18. 20Ø4
1:48PM
RUTH 8. GOING INl;
R+Ci
Rutn and Going, Inc.
FAX
Engineering
Planning
To;
City Clerk
City of Cupertino
FAX: (408) 777-3366
Leah Hernikl
Mainn; Address,
P.O. Sox 26480
San Jose
CA 95159-6480
From:
Re:
Appeal ofU-2003-l2
22'6 Tho Alam.d.
Sarua Clara
CA 95050
Ph: (40S) 235-2400
Fox: (408) 236-2410
Date:
May 18,2004
On behalf of Cingular Wtteless. please withdraw the request for an appeal I filed on
May 10, 2004, for the PllllUrlng Commission decision regarding U-2003.l2.
Please feel free to contact me if there are any questions,
~~
Leah Hemikl
Contract Plam1er for Cingular Wireless
Phone: (408) 236-2400, ext. 117
FAX: (408) 236-2410
(( -.2
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
f !.X (40g) 777 ðððð
CITY OF
CUPERJINO
Community Developrnent Department
SUMMARY
AGENDA NO. I;)...
AGENDA DATE Tune 7, 2004
SUMMARY:
File Nos. U-2004-04, ASA-2004-05, EXC-2004-03, and EA-2004-05:
USE PERMIT and ARCHITECTURAL & SITE APPROVAL to demolish an
existing, vacant restaurant (former Good Earth) and construct a 7,100 square foot
single-story, retail building and site improvements at 20807 Stevens Creek
Boulevard, APN 326-32-051;
EXCEPTION to the front setback as required by the Heart of the City Specific
Plan
RECOMMENDATIONS:
The Planning Commission recommends approval of:
1. The negative declaration, file number EA-2004-05.
2. The use permit application, file number U-2004-04, in accordance with the
model resolution (See attached resolution no. 6245).
3. The architectural and site approval, file no. ASA-2004-05, in accordance with
the model resolution (See attached resolution no. 6246).
4. The front setback exception request to the Heart of the City Specific Plan, file
no. EXC-2004-03, in accordance with the rnodel resolution (See attached
resolution no. 6244.)
BACKGROUND:
The Planning Commission heard this item on May 10, 2004. Staff presented
information pertaining to parking, traffic, site design and architectural design in
its staff report (Exhibit A-I).
The prospective tenants: a coffee shop and bakery/cafe have a deadline for
construction and occupancy of the proposed building. Staff has worked closely
with the applicant and City Architect to bring this project to the decisionmakers
Printed on Recycled Paper
/2-1
in a timely fashion. There are still building design details and streetscape
improvement details that need additional work. Staff and the Planning
Commission have recommended that this design review be conducted by the
Director of Community Development at the building permit stage in order to
expedite the project.
Staff has determined a worst case parking need of 61 parking stalls; 35 are
provided on-site. The project has access to several hundred existing parking
stalls on the office building sites through joint access and parking easements - 30
of these office parking spaces are immediately adjacent to the project and were
used by the forrner Good Earth Restaurant.
DISCUSSION:
A couple of Commissioners had concerns with parking and were interested in
additional requirements to make sure the parking worked properly. The
concerns were echoed by a member of the public who was also concerned with
the front setback exception for the building. The Commission was less concerned
about the exception, noting that the average front building setback was greater
than 35 feet in its approval of the exception request.
The Planning Commission recommended approval of the project on unanimous
votes and added the following conditions to the ASA and use permit approvals.
1) If parking became a problem, the use permit would be brought back
before the planning commission for its review.
2) Design features be added to the project to percolate and retain storm
flows on the project site.
3) That on-street parking on this segment of Stevens Creek Boulevard must
be reviewed by staff to ensure safety.
Enclosures:
Planning Commission Resolution Nos. 6244,6245,6246
Exhibit A-l: Planning Commission Staff Report dated 5/10/04
Negative Declaration
Plan Set
Prepared by: Colin J ung, Senior Planner
~.
Steve Piasecki
Director of Community Developrnent
g:planning/pdreport/ cc/U-2004-<J4 cc.doc
1):ejY:
~
City Manager
(2-1-
EXC-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6244
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECCOMMENDING APPROVAL OF AN EXCEPTION TO THE FRONT SETBACK AS
REQUIRED BY THE HEART OF THE CITY SPECIFIC PLAN
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2004-03
Kevin Jones (Good Earth Restaurant)
20807 Stevens Creek Boulevard
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Specific Plan Exception, as described on Section I of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
Public Hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support this
application, and has satisfied the following requirements:
1. There are extraordinary conditions not generally applicable to similar uses,
which justify the exception. The project provides a significant outdoor dining
area in the front yard, which is visually enhanced and defined by the articulation
of the building mass that encroaches on the 35-foot front setback;
2. The exception departs from the requirements of this chapter to the minimum
degree necessary to allow the project to proceed, in that the average front
building setback from curbline is greater than 35 feet;
3. The exception will not adversely affect neighboring properties
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this rnatter, application no. EXC-2004-O3 is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2004-03, as set forth in the Minutes of the Planning Commission
Meeting of May 10, 2004, and are incorporated by reference herein.
/)..-3
Model Resolution
Page 2
EXC-2004-03
May 10, 2004
SECTION III: CONDITIONS
DEVELOPMENT DEPT.
ADMINISTERED
BY
THE
COMMUNITY
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31,
2004 and consisting of six sheets labeled AO through A4 and one unlabeled sheet
titled: AL.T.A. Survey for Stevens Creek Office Center, except as may be amended
by the conditions contained in this approval.
2. NOTICE OF FEES. DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
3. FRONT SETBACK EXCEPTION
A front setback exception for the building of up to five feet is granted.
PASSED AND ADOPTED this 10th day of May 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Is I Steve Piasecki
Steve Piasecki
Director of Community Development
Isl TaghiSaadati
Taghi Saadati, Chairman
Cupertino Planning Commission
gjplom,Ù,g/pdreport/res/EXC-2004-03 res
/ 1. -L(
U-2004-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6245
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING,
VACANT RESTAURANT AND CONSTRUCT A 7,100 SQUARE FOOT, SINGLE-STORY
RETAIL BUILDING AND SITE IMPROVEMENTS LOCATED AT 20807 STEVENS CREEK
BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-04 (EA-2004-05)
Applicant: Kevin Jones (Good Earth Restaurant)
Location: 20807 Stevens Creek Boulevard
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of rnaps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
/2-5
Resolution No.
Page 2
U-2004-04
May 10, 2004
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No(s). U-2004-O4
(EA-2004-05), as set forth in the Minutes of the Planning Commission Meeting of May 10,
2004, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31, 2004
and consisting of six sheets labeled AO through A4 and one unlabeled sheet titled:
A.L.T.A. Survey for Stevens Creek Office Center, except as may be amended by the
conditions contained in this approval.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein rnay include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations,and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
3. REVISED LANDSCAPE PLAN REQUIRED .
The applicant shall provide a revised site and landscape plan, detailing the required front
setback and streetscape improvements needed to meet the intent of the Heart of the City
Specific Plan. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
4. REVISED ARCHITECTURAL PLANS REQUIRED
The applicant shall provide revised architectural drawings and a façade design that is
consistent with the design review comments of the City Architect as stated in his letter of
April 19,2004. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
/7.. -~
Resolution No.
Page 3
U-2004-04
May 10, 2004
5. STREET IMPROVEMENTS
The applicant shall develop street improvement plans that include street parking with no
reduction in the number of through lanes. The Director of Community Development shall
work with the Director of Public Works to evaluate the safety of such an on-street parking
plan along this segment of Stevens Creek Boulevard. Such parking will not be required if
it cannot be dernonstrated to be safe.
6. EVALUATION OF DRIVEWAY GATE STRUCTURE
At the building permit stage, the applicant shall provide a structural evaluation of the
driveway wooden entry gate to ensure its structural soundness and safety.
7. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, to be irnplernented
at such time that the City can require the same of adjacent property owners, subject to
approval of the City Attorney. The easement shall be recorded prior to issuance of
building occupancy.
8. POTENTIAL PARKING PROBLEMS
If project parking becomes a problem, the Planning Commission may re-open the use
permit at a public hearing and require permit modifications to address parking problems.
9. STORM FLOW PERCOLATION AND DETENTION
At the building permit stage, the applicant shall provide site design measures that.
increase on-site percolation and detention of storm flows. Design rneasures shall be
reviewed and approved by the Director of Community Development.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Street widening, irnprovements and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
11. CURB AND GUITER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference
to adjoining properties, and shall be no higher than the maximurn height permitted by
the zone in which the site is located.
( Z -")
Resolution No.
Page 4
0-2004-04
May 10, 2004
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. Please contact Army Corp of Engineers
and! or Regional Water Quality Control Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need
to be constructed or renovated.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
18. UNDERGROUND UTILITIES
The developer shall comply with the requirernents of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the City Engineer.
19. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payrnent of fees, including but not limited to checking and
inspection fees, storrn drain fees, park dedication fees and fees for undergrounding of
utilities. Said agreement shall be executed prior to issuance of construction perrnits.
Fees:
a. Checking & Inspection Fees:
$ 6% of Off-Site Improvement
$2,268.00 minimum
b. Grading Permit: $ 6% of Site Improvernent Cost
c. Developrnent Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ 894.37
e. Power Cost: **
f. Map Checking Fees: N! A
g. Park Fees: N! A
h. Street Tree N! A
Cost or
¡,¿-'if
Resolution No.
Page 5
U-2004-04
May 10, 2004
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
a.
Faithful Performance Bond: 100% of Off-site and On-site Irnprovements
Labor & Material Bond: 100% of Off-site and On-site Irnprovement
On-site Grading Bond: 100% of site improvements.
b.
c.
-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the tirne of
recordation of a final map or issuance of a building permit in the event of said change
or changes, the fees changed at that tirne will reflect the then current fee schedule.
20. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground such
that said equiprnent is not visible from public street areas.
21. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreement with San Jose Water for water service to
the subject developrnent.
22. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP shall be included in
your grading and street improvement plans.
Pre and post-development (BMPs) shall be included within every plan set to the
rnaximum practicality, which could include but not limited to grassy swales, sand
filters, detention basins, pavers, permeable pavement and additional landscaping.
23. TRAFFIC
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department. Clearance by the Public Works Department is
needed prior to obtaining a building perrnit
24. ENCROACHMENT PERMIT
The developer shall be required to obtain an encroachment permit for all work that is
performed in the City's right of way. Please contact Diane Arrants at (408) 777-3245 for
information regarding this perrnit.
12-;
Resolution No.
Page 6
U-2004-04
May 10, 2004
25. SHARED DRIVEWAY
The developers of both sites must submit a signed agreement approved by the City,
which sets aside a driveway easement along their adjoining properties.
26. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Oearance by the Public Works Department is needed prior to
obtaining a building permit.
PASSED AND ADOPTED this 10th day of May 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chen, Giefer, Miller, Wong & Chair Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
/ s/ Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/ Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G:\Plarnring\PDREPORT\RES\ U.2OIJ4-O4 res.doc
[2 ~(O
ASA-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6246
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR A NEW 7,100 SQUARE
FOOT, ONE-STORY RETAIL BUILDING AND SITE IMPROVEMENTS AT 20807 STEVENS
CREEK BOULEVARD.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-05, EA-2004-05
Kevin Jones (Good Earth Restaurant)
20807 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elernents that cornpliment the existing and
neighboring structures;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2004-05
(2-1(
Resolution No.
Pap;e 2
ASA-2004-05
May 10, 2004
set forth in the Minutes of the Planning Commission meeting of May 10, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31, 2004
and consisting of six sheets labeled AO through A4 and one unlabeled sheet titled:
A.L.T.A. Survey for Stevens Creek Office Center, except as may be amended by the
conditions contained in this approval.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Goverrunent
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Goverrunent Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
3. REVISED LANDSCAPE PLAN REOUIRED
The applicant shall provide a revised site and landscape plan, detailing the required front
setback and streetscape improvernents needed to meet the intent of the Heart of the City
Specific Plan. The plan shall be reviewed and approved by the Director of Community
Development prior to building permit approval.
4. REVISED ARCHITECTURAL PLANS REOUIRED
The applicant shall provide revised architectural drawings and a façade design that is
consistent with the design review comments of the City Architect as stated in his letter of
April 19,2004. The plan shall be reviewed and approved by the Director of Community
Developrnent prior to building permit approval.
5. STREET IMPROVEMENTS
The applicant shall develop street irnprovernent plans that include street parking with no
reduction in the number of through lanes. The Director of Community Development shall
work with the Director of Public Works to evaluate the safety of such an on-street parking
plan along this segment of Stevens Creek Boulevard. Such parking will not be required if
it cannot be demonstrated to be safe.
( 2.-{1-.
Resolution No.
Page 3
ASA-2004-05
May 10, 2004
6. EVALUATION OF DRIVEWAY GATE STRUCTURE
At the building permit stage, the applicant shall provide a structural evaluation of the
wooden entry gate to ensure its structural soundness and safety.
driveway
7. RECIPROCAL INGRESSÆGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, to be implemented
at such time that the City can require the same of adjacent property owners, subject to
approval of the City Attorney. The easement shall be recorded prior to issuance of
building occupancy.
8. POTENTIAL PARKING PROBLEMS
If project parking becomes a problem, the Planning Commission may re-open the use
permit at a public hearing and require permit modifications to address parking problerns.
9. STORM FLOW PERCOLATION AND DETENTION
At the building permit stage, the applicant shall provide site design measures that
increase on-site percolation and detention of storm flows. Design measures shall be
reviewed and approved by the Director of Community Development.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING
Street widening, improvernents and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
11. CURB AND GUTIER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference
to adjoining properties, and shall be no higher than the maximum height perrnitted by
the zone in which the site is located.
13. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
14. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
(2-(3
Resolution No.
Pa¡;e 4
ASA-2004-05
May 10, 2004
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. Please contact Army Corp of Engineers
and/ or Regional Water Quality Control Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need
to be constructed or renovated.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
18. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the City Engineer.
19. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for undergrounding of
utilities. Said agreernent shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
$ 6% of Off-Site Improvement
$2,268.00 minirnum
b. Grading Permit: $ 6% of Site Improvement Cost
c. Developrnent Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 894.37
e. Power Cost: **
f. Map Checking Fees: N/ A
g. Park Fees: N/ A
h. Street Tree N/ A
Cost or
**
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
/2-(1.{
Resolution No.
Page 5
ASA-2004-05
May 10, 2004
a.
b.
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
c.
-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change
or changes, the fees changed at that time will reflect the then current fee schedule.
20. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground such
that said equipment is not visible frorn public street areas.
21. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to
City Standards and shall reach an agreernent with San Jose Water for water service to
the subject development.
22. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP shall be included in
your grading and street improvement plans.
Pre and post-development (BMPs) shall be included within every plan set to the
maximum practicality, which could include but not limited to grassy swales, sand
filters, detention basins, pavers, perrneable pavement and additional landscaping.
23. TRAFFIC
The applicant shall submit a traffic control plan to the City to be approved to the
satisfaction of the Traffic Department. Clearance by the Public Works Department is
needed prior to obtaining a building permit
24. ENCROACHMENT PERMIT
The developer shall be required to obtain an encroachment permit for all work that is
performed in the City's right of way. Please contact Diane Arrants at (408) 777-3245 for
information regarding this permit.
25. SHARED DRIVEWAY
The developers of both sites rnust submit a signed agreement approved by the City,
which sets aside a driveway easernent along their adjoining properties.
12--{)
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
EXHIBIT A-I
Application: U-2004-04, ASA-2004-05, EXC-2004-03, EA-2004-05
Agenda Date: May 10, 2004
Applicant: Stevens Creek Office Center Associates
Owner: Stevens Creek Office Center Associates
Location: 20807 Stevens Creek Boulevard, APN 326-32-051
Application Summary:
ARCHITECTURAL & SITE APPROVAL, USE PERMIT to dernolish an existing, vacant
restaurant (forrner Good Earth) and construct a 7,100 square foot single-story, retail
building and site improvements.
EXCEPTION to the front setback as required by the Heart of the City Specific Plan
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of:
1. The negative declaration, file number EA-2004-05.
2. The use permit application, file number U-2004-04, in accordance with the rnodel
resolution.
3. The architectural and site approval, file no. ASA-2004-05, in accordance with the
model resolution.
4. The front setback exception request to the Heart of the City Specific Plan, file no.
EXC-2004-03, in accordance with the model resolution
Project Data:
General Plan Designation: Commercial/Office/Residential
Zoning Designation! P( Stevens Creek Boulevard Conceptual Zoning)/
Specific Plan Heart of the City Specific Plan
Acreage: 0.67 acres
Height: 27.5'
Stories: 1 story
Parking Required: specialty foods
(1 stall/250 square feet) 7,100 sq.ft./250 = 29 stalls, or
(1 staIl/3 seats) 181 (est. seats)/3 = 61 stalls
35 stalls onsite, several hundred shared with adjacent
Office buildings
Paring Supplied
Project Consistency with: General Plan:
Zoning:
Yes
Yes
Environmental Assessment:
Negative Declaration
12-{f
BACKGROUND:
The applicant, Stevens Creek Office Center Associates, has requested a use permit to
allow the dernolition of a 4,680 square foot, vacant restaurant building, formerly known
as the Good Earth Restaurant, and the construction of a 7,100 square-foot general retail
building. The tenants have not been finalized yet, but are expected to be a coffee shop
and specialty restaurant.
The surrounding land uses are offices to the west and north, a restaurant use to the east
and more commercial uses to the south across Stevens Creek Boulevard.
The use permit and exception are being expedited by staff to accommodate the
applicant's desire to get their prospective retailers tenanted as soon as possible.
DISCUSSION:
Parking
A conservative estimate of the parking need for this 7, 100 square foot retail building
ranges from 29 parking stalls for general retail uses to 61 parking stalls for two specialty
food retailers, assuming a rnaximum seat count of 181 seats. The seat count is partially
based on conversations with the larger of the two potential tenants.
Onsite parking is 35 stalls, which is 57% of the maximum need. The additional
potential parking need will be met through a shared parking arrangement with the
abutting office buildings that have hundreds of nearby surface parking stalls with 30
spaces immediately adjacent. Cross ingress/ egress and parking easernents are already
in place. Additional parking will be provided by continuing the line of street parking
from the Chevrolet automobile dealership.
Traffic
The increase in building square footage/ seating will generate additional traffic, but not
to a significant degree. Based on the higher traffic-generating food uses (restaurants),
the net increase in A.M. peak hour traffic is estimated to be 19 trips split 50/50 east and
west, and 37 more P.M. peak hour trips also split 50/50 east and west.
Signalized intersections at Saich Way and Stevens Creek Blvd. and Stelling Road and
Stevens Creek Blvd. are currently operating at LOS (Level of Service) D or better. The
increment of new trips is expected to have a less than significant impact on these
intersections.
Site Design
The enclosed site plan does not show the rnain vehicular access to the site, which is
provided on the west side by a 2-way rnain entry driveway that also serves the abutting
office buildings owned by the applicant. This driveway access is depicted in the aerial
photograph (Exhibit A). This is the sarne access that was used by the former Good
Earth Restaurant. A secondary one-way exit is proposed on the east side. The site plan
{ 2-lt
shows a conceptual one-way entrance on the adjacent eastern property (Bombay Oven),
but this has not been agreed to by the adjacent property owner. This plan provides
flexibility for two different access options. Pinal ingress/ egress designs cannot occur
until the adjacent eastern property redevelops.
There are several problems with the site design that are being corrected by the applicant
and the revised plans will be available at the hearing.
1) The building needs to be shifted about 10 feet to the east to allow for adequate
separation between the existing wooden entrance feature and the building.
2) The front building setback from the face of the curb is only 25 feet, where the
Heart of the City Plan requires a minimurn of 35 feet. A previous design
iteration of the plan showed a minor building encroachment of 2 to 3 feet in the
front setback, and staff felt comfortable recommending a specific plan exception
for that minor encroachment. The building can be easily shifted back without
interfering with the parking arrangement and vehicle circulation.
3) The front setback landscape improvements are critical to the streetscape appeal
of the project and staff has not received an acceptable landscape plan. The Heart
of the City Specific Plan requires: 1) a lO-foot wide curbside landscaping strip
with street trees, 2) a six-foot wide public sidewalk, and 3) a 19-foot wide
landscaping strip on the inside of the sidewalk, or 16 feet if the exception request
is granted. For the back-of-sidewalk landscape strip, pedestrian connections to
the building, plantings, furniture, decorative fencing and outdoor seating and.
dining are appropriate and will be shown in the landscape plan. A condition of
approval in the ASA approval and use permit require the applicant to submit a
landscape plan for the approval of the Community Development Director prior
to building permit approval.
Architectural Design
In general, the proportions of the building and the overall design are acceptable to
staff; however, the building lacks a considerable amount of detail and richness that
would rnake it a more attractive destination for business. The City Architect has'
reviewed the design and offers numerous recommendations for improving the
design (Exhibit B).
A condition of approval in the ASA approval and use permit require the applicant to
submit architectural drawings for review and approval by the Community
Development Director in accordance with the recommendations of the City
Architect, Larry Cannon, prior to building permit approval.
Enclosures:
Model Resolutions for ASA-2004-05, U-2004-04, EXC-2004-03
Initial Study and ERC recommendation
{z-{1
Exhibit A: Aerial of Existing Site Circulation
Exhibit B: Design Comments from Larry Cannon dated 4/19/04
Plan Set
Submitted by: Colin Jung, Senior Planner
Approved by: Steve Piasecki, Director of Community Development
G :p [an nin g/pdreportjpc UsereportsjU - 2004-04. doc
4
[L- ')j)
I
CUPEIQ1NO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
PROJECT DESCRIPTION:
Project Title: New. One-Story Retail Buildina
Project Location: 20807 Stevens Creek Blvd.
Project Description: Use Permit, ASA Review to demolish an existina. vacant
restaurant buildina and construct a one-story. 7.100 SQuare foot. retail buildina
with site imDrovements. Heart of the City Front Setback ExceDtion
Environmental Setting:
Proiect site is an urbanized ¡nfill site on Steven Creek Blvd. developed with an
abandoned 4,680 SQuare foot restaurant buildinQ
PROJECT DESCRIPTION:
Site Area (ac.) - 0.67 Building Coverage - 24.0 % Exist. Building - ~ ¡,~~.
Proposed Bldg; - 7,100 s.f. Zone -----..E G.P. Designation -Commercial/Office/Residential
Assessor's Parcel No. - 326 -~-~ If Residential, Units/Gross Acre - n/a
Unit Type #1
Unit Type #2
Total# Rental/Own Bdrms Total s.t. Price
Unit Type #3
Unit Type #4
Unit Type #5
Applicable Special Area Plans: (Check)
0 Monta Vista Design Guidelines
0
S. De Anza Conceptual
0
0
N. De Anza Conceptual
0
S. Sara-Sunny Conceptual
Stevens Crk Blvd. Conceptual
0
Stevens Creek Blvd. SW & landscape
ftt
Heart of the City Specific Plan Area
ItNon-Residential,BuildingArea- 7.100 s.f. FAR-24% Max.n/a
Employees/Shift - -----1-Parking Required 29 Parking Provided 35
Project Site is Within Cupertino Urban Service Area - YES A NO
0
(2-:21
A. CUPERTINO GENERAL PLAN SOURCES
1. land Use Element
2. Public Safety Element
3. Housing Element
4. Transportation Element
5. Environmental Resources
6. Appendix A- Hillside Development
7. Land Use Map
8. Noise Element Amendment
9. City Ridgeline Policy
10. Constraint Maps
D. OUTSIDE AGENCIES (Continued)
26. Midpeninsula Regional Open Space District
27. County Parks and Recreation Department
28. Cupertino Sanitary District
29. Fremont Union High School District
30. Cupertino Union School District
31. Pacific Gas and Electric
32. Santa Clara County Fire Department
33. County Sheriff
34. CAL TRANS
35. County Transportation Agency
36. Santa Clara Valley Water District
B. CUPERTINO SOURCE DOCUMENTS
11. Tree Preservation ordinance 778
12. City Aerial Photography Maps
13. "Cupertino Chronicle" (California History
Center. 1976)
14. Geological Report (site specific)
15. Parking Ordinance 1277
16. Zoning Map
17. Zoning Code/Specific Plan Documents
18. City Noise Ordinance
E. OUTSIDE AGENCY DOCUMENTS
37. BAAQMD Survey of Contaminant
Excesses
38. FEMA Flood Maps/SCVWD 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
C. CITY AGENCIES Site
19. Community Development Dep!. List
20. Public Works Dep!.
21. Parks & Recreation Department
22. Cupertino Water Utility
F. OTHER SOURCES
44. Project Plan Set/Application Materials
45. Field Reconnaissance
46. Experience w/project of similar
scope/characteristics
47. ABAG Projection Series
D. OUTSIDE AGENCIES
23. County Planning Department
24. Adjacent Cities' Planning Departments
25. County Departmental of Environmental
Health
A. Complete Ell 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 Daae.
F. Upon completing the checklist, sign and date the Pre parer's Affidavit.
G. Please attach the following materials before submitting the Initial Study to the City.
,rProject Plan Set of Legislative Document
,r Location map with site clearly marked (when applicable)
/2-22--
EVALUATION OF ENVIRONMENTAL IMPACTS:
>"" C ë c ~ ¡;"g...
- c
~l'iü ~ l'i..c.2 E ..cuU Ü
ISSUES: ë!E~ I-c¡::...'t;io 1-c¡::111 0 III
~P:1i .!aI e- VI'- C. zc.
[and Supporting Information Sources] C ) C E VI C E .§
õ.!aI- j.!aI ~ 8 C ).!aI-
c.u¡ u¡ .E ....Iu¡
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a 0 0 0 lEt
scenic vista? [5,9,24,41,44]
b) Substantially damage scenic resources, 0 0 0 fil
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway? [5,9,11,24,34,41,44]
c) Substantially degrade the existing visual 0 0 0 JX
character or quality of the site and its
surroundings? [1,17,19,44]
d) Create a new source of substantial light or 0 0 0 Ji't
glare, which would adversely affect day or
nighttime views in the area? [1,16,44]
II. AGRICULTURE RESOURCES: In
determining whether impacts to agricultural
resources are significant environmental
effects, lead agencies may refer to the
California Agricultural Land Evaluation and
Site Assessment Model (1997) prepared by
the California Dept. of Conservation as an
optional model to use in assessing impacts ,
on agriculture and farmland. Would the ,
project:
a) Convert Prime Farmland, Unique 0 0 0 ¡¡(. !
Farmland, or Farmland of Statewide ./
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use? [5,7,39]
¡b) Conflict with existing zoning for 0 0 0 -it
I agricultural use, or a Williamson Act
I contract? [5,7,23]
c) Involve other changes in the existing 0 0 0 flI-
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use? [5.7,39]
(2-2-J
I »- c:-e c:~ c:-e oil
- c:
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,~ U I.) .cu,C'-" .cuI.)
ISSUES: -e!E~ I-¡¡::-~o I-¡¡::C'CJ
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[and Supporting Information Sources] en c: E
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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 0 0 0 &
the applicable air quality plan? [5,37,42,44]
b) Violate any air quality standard or 0 0 0 &l
contribute substantially to an existing or
projected air quality violation? [5,37,42,44]
c) Result in a cumulatively considerable net 0 0 0 Jit
increase of any criteria pollutant for which
the project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions
which exceed quantitative thresholds for
ozone precursors)? [4,37,44]
d) Expose sensitive receptors to substantial 0 0 0 ~
pollutant concentrations? [4,37,44]
e) Create objectionable odors affecting a 0 0 0 R
substantial number of people? [4,37,44]
IV. BIOLOGICAL RESOURCES .. Would
the project:
a) Have a substantial adverse effect, either 0 0 0 ft(
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 0 0 0 ß(
riparian habitat or other sensitive natural
I 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 0 0 0 P\
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
{2-2J{
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::: ï: j .!2I e- ø'- a. za.
[and Supporting Information Sourcesl <II c: E c: E .E
õ.!2I- ~.!2I ~ 8 .. .!2I-
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pool, coastal, etc.) through direct removal, I
filling, hydrological interruption, or other
means? [20,36,44] I
d) Interfere substantially with the movement 0 0 O ;q:
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites? [5,10,12,21,26]
e) Conflict with any local policies or 0 0 0 JiQ,
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 0 0 0 ~
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? [5,10,26,27]
V. CULTURAL RESOURCES .. Would the
project:
a) Cause a substantial adverse change in 0 0 0 )(.
the significance of a historical resource as
defined in §15064.5? [5,13,41]
b) Cause a substantial adverse change in 0 0 0 J(
the significance of an archaeological
resource pursuant to §15064.5? [5,13,41]
c) Directly or indirectly destroy a unique. 0 0 0 ;gf
paleontological resource or site or unique I
geologic feature? [5,13,41]
d) Disturb any human remains, including 0 0 0 N I
those interred outside of formal cemeteries?
1[1,5] I
I VI. GEOLOGY AND SOILS - Would the
I project:
I a) Expose people or structures to potential ¡
I substantial adverse effects, including the risk !
of 1055, injury, or death involving: I
I i) Rupture of a known earthquake fault, as :
0 0 0 þt I
!
i delineated on the most recent Alquist-Priolo !
I Earthquake Fault Zoning Map issued by the ¡
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ISSUES: <:!E~ I-c;::-'!;;O l-c;::tO 0 to
::: ï: "i .21 e- .,'- c. zc.
[and Supporting Information Sources] .. c: E ., c: E .ê
õ.!2'- j,!2' i 8 .. ,21-
Q.U) U) .E ..JU)
State Geologist for the area or based on
I other substantial evidence of a known fault?
I Refer to Division of Mines and Geology
Special Publication 42. [2,14,441
I ii) Strong seismic ground shaking? 0 0 0 ä.
1[2,5,10,44]
iii) Seismic-related ground failure, including 0 0 0 JQ.
liquefaction? [2,5,10,39,44]
iv) Landslides? [2,5,10,39,44] 0 0 0 ~
I b) Result in substantial soil erosion or the 0 0 0 .rxt
loss of topsoil? [2,5,10,441
c) Be located on a geologic unit or soil that is 0 0 0 O?L.
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
[2,5,10,39]
d) Be located on expansive soil, as defined 0 0 0 !it
in Table 18-1-B of the Uniform Building Code
(1997), creating substantial risks to life or
property? [2,5,10]
e) Have soils incapable of adequately 0 0 0 !Ill
supporting the use of septic tanks or '.,
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water? [6,9,36,39] -
VII. HAZARDS AND HAZARDOUS "-,
I MATERIALS - Would the project:
a) Create a significant hazard to the public or 0 0 0 1'<:
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 0 0 0 ~
the environment through reasonably
foreseeable upset and accident conditions I
involving the release of hazardous materials I
into the environment? [32,40,42,43,44]
I c) Emit hazardous emissions or handle 0 0 0 .Jl\l
I hazardous or acutely hazardous materials, I
i substances, or waste within one-quarter mile
/1-2-io
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ISSUES: 1:!EE ';;;!EÉ~8. 1-0;::'" 0 '"
Q) C E g: §¡ ~;¡;¡ 5 In .- C. zc.
[and Supporting Information Sources] In C E .5
Õ .2'- ., .2'-
0..(1) ...Jiij:E.Ë ...J(I)
of an existing or proposed school?
[2,29,30,40,44]
d) Be located on a site which is included on a 0 0 D .ìQ.
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment? [2,42,40,43]
e) For a project located within an airport land 0 0 0 I5a;,
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 private 0 0 0 ì&
airstrip, would the project result in a safety
hazard for people residing or working in the
project area? []
g) Impair implementation of or physically 0 0 0 ~
interfere with an adopted emergency
response plan or emergency evacuation
plan? [2,32,33,441
h) Expose people or structures to a 0 0 0 ;gL
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas or
where residences are intermixed with
wildlands?[1 ,2,44]
VIII. HYDROLOGY AND WATER QUALITY
-- Would the project:
a) Violate any water quality standards or 0 0 0 ~
waste discharge requirements? [20,36,37]
b) Substantially deplete groundwater 0 0 0 Æ(
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]
(2-2'7
ISSUES:
[and Supporting Information Sources]
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion of siltation on- or off-site?
[14,20,36]
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site
[20,36,38]
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff? [20,36,42]
f) Otherwise substantially degrade water
quality? [20,36,37]
g) Place housing within a 1 OO-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 1 OO-year flood hazard area
structures which would impede or redirect
flood flows? [2.38]
i) Expose people or structures to a significant
II risk of loss, injury or death involving flooding,
including flooding as a result of the failure of
a levee or dam? [2,36.38]
II 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
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0
0
0
0
0
0
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ISSUES: 1:!E~ I-¡¡:::...~O ';;;!E:g,
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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 0 0 0 ~
conservation plan or natural community
conservation plan? [1.5,6,9.26]
IX(b) Project requests an exception to the Heart of the City Specific Plan to reduce the required
building front setback of 35 feet to the face of the curb.
X. MINERAL RESOURCES -- Would the
project:
a) Result in the loss of availability of a known 0 0 0 fl\
mineral resource that would be of value to
the region and the residents of the state?
[5.10]
b) Result in the loss of availability of a 0 0 0 ~
locally-important mineral resource recovery
site delineated on a local general plan,
specific plan or other land use plan? [5,10]
XI. NOISE -- Would the project result in:
a) Exposure of persons to, or generation of, 0 0 0 ~
noise 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 0 0 0 JJIt
excessive groundborne vibration or
ground borne noise levels? [8,18,44]
c) A substantial permanent increase in 0 0 0 ft1:
ambient noise levels in the project vicinity
above levels existing without the project?
[8.18]
d) A substantial temporary or periodic 0 0 0 JJIt !
increase in ambient noise levels in the
project vicinity above levels existing without !
the project? [8,18,44] I
e) For a project located within an airport land 0 0 0 J& I
I
{2- 2 ~
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.!!! u u .r: u .r: .-.. .r:uU
ISSUES: ~!E ~ 1-0::...';0 I- ,- C'CI 0 C'CI
m'c'¡.~2- en!: Co zCo
[and Supporting Information Sources] <II <: E en <: E §
õ.~- j.~ ~ 8 ( .~-
D..rn rn .E ..Jrn
I 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 0 0 0 ~
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels? [8,18]
XII. POPULATION AND HOUSING -- Would
the project:
a) Induce substantial population growth in an 0 0 0 ß\
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)? [3,16,47,44]
b) Displace substantial numbers of existing 0 0 D )?{
housing, necessitating the construction of
replacement housing elsewhere? [3,16,441
c) Displace substantial numbers of people, 0 0 0 J(
necessitating the construction of ..
replacement housing elsewhere? [3,16,44]
XIII. PUBLIC SERVICES
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
i Fire protection? [19,32,44] 0 0 0 :Ø
!
I Police protection? [33,44] 0 0 0 ~
Schools? [29,30,44] 0 0 0 ~
I
I Parks? [5,17,19,21,26,27,44] 0 0 0 JZ
¡ Other public facilities? [19,20,44] 0 0 0 ÆT
( Z - 30
ISSUES:
[and Supporting Information Sources]
XIV. RECREATION --
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
[5,17,19,21,26,27,441
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. TRANSPORTATIONrrRAFFIC--
Would the project:
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a) Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)? [4,20,35,44]
XV(a) The ITE Trip Generation Manual, 2195 Update to the 5th Edition was used to
eva1uate the A.M. and P.M. peak hour vehicle tripS between the previous land use: Code
831, Quality Restaurant of 4,680 square feet and the proposed land use. Preliminary
tenants include a Code 831, Quali~ Restaurant of 5,155 square feet and a Code 832, High
~ u ~~tg,vit~~Igtg~ rf ~\r~ ~~e~ itS ~3f50 o~~;t ~~~t~eIt ea ~ât ~ ~ c~;r~e ~ ~ M~' ~eJke~ ~ u ~~~ ~~~~g
split 50/50 east and west.
I A CMA Traffic Analysis is not required as the additional forecasted trips are under 100.
I Signalized intersections at Saich Way and Stevens Creek Blvd. and Stelling Road and
Stevens Creek Blvd. are currently operating at LOS D or better. The increment of new trips
is expected to have a less than significant Impact on these intersections.
XV(f) Parking capacity is not an issue. The site will be allowed to share hundreds of
parking stalls available at the adjacent office buildings.
I 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,?]
0
0
0
0
0
0
0
JQ.
0
0
0
0
0
0
0
0
~
~
12-- '3 {
»... C'E C£ C'E l
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ISSUES: ~!E ~ I-;;:::..."io 1-;;:::111 0 III
::: ï: '!i .~ e- en'- a. za.
[and Supporting Information Sources] .. C E en C E .§
Õ .2'- ~.2' :¡¡¡ 8 .. .E' -
Q,en en -= ...Jen
I d) Substantially increase hazards due to a 0 0 0 ~
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)? [20,35,44]
e) Result in inadequate emergency access? 0 0 0 Æ[
[2,19,32,33,44]
f) Result in inadequate parking capacity? 0 0 ß( 0
[17,44]
g) Conflict with adopted policies, plans, or 0 0 0 ~
programs supporting alternative
transportation (e.g., bus turnouts, bicycle
racks)? [4,34]
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment 0 0 0 ßi!'
requirements of the applicable Regional
Water Quality Control Board? [5,22,28,36,441
b) Require or result in the construction of 0 0 0 ~
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 0 0 0 ~
new storm water drainage facilities or
expansion of existing facilities, the
I construction of which could cause significant
environmental effects? [5,22,28,36,441
e) Result in a determination by the 0 0 0 Ji'!
wastewater treatment provider which serves
or may serve the project that it has adequate
capacity to serve the project's projected
I demand in addition to the provider's existing
I commitments? [5,22,28,36,44]
f) Be served by a landfill with sufficient 0 0 0 ~
permitted capacity to accommodate the I
project's solid waste disposal needs? [?] I
g) Comply with federal, state, and local 0 0 0 p( !
i
statutes and regulations related to solid ;
waste? [?] I
11-J2-
a) Does the project have the potential to 0 0 0 ßS{
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? D
b) Does the project have impacts that are 0 0 0 fl{
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)?
D
c) Does the project have environmental 0 0 0 ].a
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly? D
I hereby certify that the infonnation 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
;1: J;g-
Print Preparer's Name
/2-33
ENVIRONMENTAL EVALUATION (To be Completed by City Staff)
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.
0 Aesthetics 0 Agriculture Resources 0 Air Quality
0 Biological Resources 0 Cultural Resources 0 Geology /Soils
0 Hazards & Hazardous 0 Hydrology / Water ;1& Land Use / Planning
Materials Quality
0 Mineral Resources 0 Noise 0 Population / Housing
0 Public Services 0 Recreation IZI., TransportationfTraffic
0 Utilities I Service 0 Mandatory Findings of
Systems Significance
DETERMINATION:
On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that:
,E
The proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
Although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have
been made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
0
0
The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
The proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
0
0
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.
1/ßJot
Date
3-ll4!ð+
Datel j
1 z-JLI
CITY OF CUPERTINO
RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE
April 14,2004
As provided by the Environmental Assessment Procedure, adopted by the City Council
of the City of Cupertino on May 27, 1983, as amended, the following described project
was reviewed by the Environmental Review Committee of the City of Cupertino on
April 14,2004.
PROTECT DESCRIPTION AND LOCATION
Application No.:
Applicant:
Location:
EXC-2004-03, ASA-2004-05, U-2004-04 (EA-2004-05)
Kevin Jones
20807 Stevens Creek Boulevard
DISCRETIONARY ACTION REQUEST
Exception to the front setback as required by the Heart of the City Specific Plan.
Architectural and Site Approval for a new 7,100 square foot, one-story retail building
and site improvernents.
Use Permit to demolish an existing, vacant restaurant and construct a 7,100 square foot,
single-story retail building and site improvements.
FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE
Review Committee recommends the granting of a Negative
hat the project is consistent with the General Plan and has no
ntal irnpacts.
g/ erc/REC EA-2004-05
( 2 - 35'
Exhibit: A
Aerial Showing Project
Site Access for
20807 Stevens Creek Boulevard
20807 Stevens Creek Blvd.
Main Driveway Entrance
/2-- Jb
E~h'i \:,;h B
ARCH1TEcrURE PLANNING URBAN DESIGN
April 19, 2004
Mr. Colin Jung
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RE:
20807 Stevens Creek Blvd. (Good Earth Site)
Dear Colin:
1 reviewed the drawings, visited the site, and spoke with Kevin Jones at the architect's office. In
looking at the design in general, I can't really fmd fault with it in terms of a unified design. It has obviously
been designed with skill and attention to detail. However, the design seems to fall considerably short of the
goals and examples developed in the Crossroads Area Streetscape Plan. Largely, I think the building
seems too small, and does not exert enough visual presence on Stevens Creek Blvd. which is a wide and
high speed street.
There are probably a number of ways that this could be addressed. The elevation diagram below shows
one way.
PROPOSED FRONT ELEVATION
Increase
Eave
Height
ALTERNATE FRONT ELEVATION
TEL, 415.331.3795 FAX,415.331.3797
180 HARBOR DRlVE. SUITE 219. SAVSALITO. CA94965
/2.-J7
20807 Stevens Creek Blvd.
Good Earth Site
Design Review Comments
April 19, 2004 Page 3
Also, Kevin Jones indicated that at the time I spoke with him, they had not yet received the functional
plan requirements from the primary tenant. As noted on the diagram on the previous page, the early
conceptual floor plan needs to be modified in some way to provide easy access to the primary tenant space
from the parking areas behind the building.
One other concern is the trash enclosure. It is currently shown with concrete block walls and a visible
metal roof. Given its prominent location, it would be better to use wall materials to match the building and
to detail the roof to screen it from view or to minimize its visual presence as much as possible.
Colin, please let me know if you have any questions, or if there are specific issues of concern that I
did not address.
Sincerely,
CANNON DESIGN GROUP
c7í~~
Larry L. Cannon AlA AlCP
President
CANNON DESIGN GROUP
180 HARBOR DRIVE. SUITE 2I9.SAUSAlITO.CA94965
/1--')f
20807 Stevens Creek Blvd.
Good Earth Site
Design Review Comments
April 19, 2004 Page 2
Approaches that seem appropriate include the following:
. Increase eave height to provide more presence on the street and allow the use of substantial awnings
. Provide interesting awnings. perhaps with graphics or logos on their faces
. Provide a more distinctive architectural focal point at the primary tenant entry
. Recess all openings substantially from the face ofthe wall with additional depth at the main tenant
entries
. Provide larger roof overhangs with more architectural detail (e.g., exposed rafter ends)
. Utilize divided light windows for additional architectural detail and scale
. Add decorative carriage lights for entries and for the outdoor patio
. Make the signage as distinctive as possible including some projecting icon signs, if possible, to
address pedestrian traffic
With respect to the more distinctive focal point for
the primary tenant, what I have shown is acceptable
but a bit of a cliche by now. Some additional design
study for this element would be welcome, and the ar-
chitects are clearly capable of the high quality design
needed. The photo to the right from a restaurant in
Los Gatos demonstrates some of the elements described
above - especially the recesses at windows and entries.
The site and floor plan raises a few concerns. In
general, the setback amount and the provision of a front
patio seems OK to me. However, the use of decomposed
granite for the paving of the patio seems contrary to
the City's intent as expressed in the Crossroads Area Streetscape Plan document. My recommendation
would be to use hardscape and provide an overall design pattern for the patio, fronting sidewalks, and
tenant entries. The inclusion of some brick or other
modular paving would add visual interest and scale.
One caution about the front setback and patio. the
architect indicated that the building location will prob-
ably be moved to the north and to the east a bit to pro-
vide more space between the building and the trellised
entry to the office buildings behind. Some review ofthe
front setback and patio conditions would be warranted
after that change is made.
It is my understanding that at this time, the ten-
ant space distribution is as shown on the floor plan
diagram to the right. Care should be taken to ensure
that access to the patio ftom both tenant spaces is easy
and convenient.
CANNON DESIGN GROUP
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180 HARBOR DRIVE. SUITE 219. SAUSALITO.CA94965
/2- - J7
CITY OF CUPERTINO
NEGATIVE DECLARATION
As provided by the Envirorunental 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 June 7, 2004.
PROTECT DESCRIPTION AND LOCATION
EA-2004-05
Application No.:
Applicant:
Location:
EXC-2004-03, ASA-2004-05, U-2004-04 (EA-2004-05)
Kevin Jones
20807 Stevens Creek Boulevard
DISCRETIONARY ACTION REQUEST
Exception to the front setback as required by the Heart of the City Specific Plan.
Architectural and Site Approval for a new 7,100 square foot, one-story retail building
and site irnprovements.
Use Permit to demolish an existing, vacant restaurant and construct a 7,100 square foot,
single-story retail building and site improvements.
FINDINGS OF DECISIONMAKING BODY
The Planning Commission granted a Negative Declaration since the project is consistent
with the General Plan and there are no significant envirorunental 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/negEA200405
I ¿-LID
GOOD EARTH REDEVELOPMENT
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CUPEIQ1NO
Parks and Recreation Department
STAFF REPORT
Agenda Item Number I 3 0.....
Agenda Date: June 7, 2004
SUBJECT
Consider the Fourth of July funding for 2005.
ISSUE
At the budget study session, a suggestion was made to cut the Fourth of July funding in half in
FY 04-05 and let the public know as soon as possible so that fundraising efforts could begin now
to restore the fireworks program to the current level.
BACKGROUND
The fireworks display in 2005 would be held at De Anza College if possible. If De Anza College
Campus is still not available due to the ongoing construction, the next option is Cupertino High
School for the launch and Sedgwick, Hyde, and Creekside for spectator viewing. The cost of the
fireworks program at De Anza College is estimated at $80,000 and the cost at Cupertino High is
estimated at $60,000.
A fundraising committee for the Fourth of July fireworks would be needed for this effort and
should be established and active by July 31, 2004. That allows a five month campaign season to
December 31,2004 to collect the necessary funds and adequately prepare for the event. The
Fourth of July Program Committee may recommend to Council a community volunteer for the
fundraising component to lead the campaign. In the printed program for the 2004 Fourth of July
celebration, an article would advertise this fundraising effort for 2005. By reducing the funding
to half and fundraise for the other half, the city would save between $30,000 to $40,000 for the
fiscal year and still be able to have a fireworks program on Fourth of July.
STAFF RECOMMENDATION
The Council should decide now (so that the printed 2004 program can contain the
announcement) if the July 2005 fireworks budget will be reduced by half to $30,000 and a
fundraising committee immediately established to inform the public that fundraising efforts
should be undertaken to restore the fireworks program to the current level.
Pdn'ed on Recycled Pape'
!3t{-}
June 7, 2004
Page 2 of2
Respectfully submitted:
g:\parks and recreation admin\4th ofjulylfireworks 2005 cc 060705.doc
j1)L
David W. Knapp, City Manager
{ 3et -.J-
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I F
CUPEIQ1NO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone! (408) 777-3220
Fax: (408) 777-3366
DEPARTMENT OF ADMINSTRATIVE SERVICES
Agenda Item No. 1'1
Meeting Date: June 7, 2004
SUBJECT
Establish Ordinance of an Emergency Communication System Response Fee.
BACKGROUND
This year the City of Cupertino is facing a fourth year of budget cuts as a result of the California
recession and State "revenue shifts". In conjunction with the 2004/05 budget process, staff has
proposed additional reductions in expenditures and/or revenue enhancements for your
consideration. Our city cannot increase taxes without voter approval, however we can charge for
services based on actual costs.
Fourteen entities within Santa Clara County (SCC) are currently considering implementation of a
9-1-1 access fee, The city currently pays $771,709 annually to the County of Santa Clara for the
9-1-1 system. To date, four nearby entities have adopted ordinances that impose a fee on local
telephone service subscribers to recover the majority of their costs to develop, improve, maintain
and operate 9-1-1 communications centers. The basis for the fee is the cost to provide
emergency communications services to telephone subscribers. Under these ordinances, local
telephone service suppliers, such as SBC and Verizon, are required to collect fees each month
from customers and to remit to the entities. San Francisco was the first to pass an emergency
response fee ordinance in 1993. The ordinance was later modified to include recovery of
operational costs and to make the fee permanent. The County of Santa Cruz and Cities of Santa
Cruz and Watsonville, who participate in consolidated emergency communications center
operations through ajoint powers agreement, also have adopted similar ordinances.
The attached ordinance creates the legal structure for the fee. The amount of the fee will be
established annually by resolution to provide the city the ability to reflect increases in the SCC
Communication System charges. Subject to verification, for fiscal year 2004/05, the fee will be
$1.80/month for "access lines" (individual phone lines) and $13.50/month for trunk lines, each of
which is the equivalent of 7.5 access lines.
It is recommended that there be the following exemptions from the fee:
. Lifeline service customers
. Payphones
. Government agencies
. Non-profit, tax-exempt educational organizations
. Service locations which automatically connect a person dialing 9-1-1 to an answering
point other than Santa Clara County Emergency Communications Center
Pánted on Recycled Pap",
{4-/
These exemptions are consistent with those in emergency response fee ordinances passed by
some of the other jurisdictions. There is no legal requirement to exempt these telephone service
subscribers from a fee, but it would be appropriate policy. For Lifeline service customers, who
are exempt from the State 9-1-1 surcharge, exemption would be in keeping with the rationale for
establishing Lifeline service, which provides discounted rates so that low income and elderly
customers are assured of telephone access for emergencies.
FEE DETERMINATION
Fees were determined for the two most common types of telephone lines in service: single
access lines and trunk access lines. A single access line is an individual telephone line from a
local telephone company to a residence or business. A trunk access line is one that is capable of
carrying multiple calls, and is usually used in business applications, such as with PBX telephone
systems. Based on information provided by the California Public Utilities Commission, trunk
line access to the 9-1-1 system is assumed to be 7.5 times greater than that of an individual
access line. Therefore, a trunk line was assigned an equivalency of 7.5 relative to a single line
and its fee set at 7.5 times the regular single line fee.
Currently, all wireless 9-1-1 calls originating in the County's jurisdiction are routed to and
initially answered by the California Highway Patrol. Under the proposed ordinance, wireless
telephone subscribers would become subject to the fee once technology upgrades occur
permitting wireless 9-1-1 calls to be routed directly to County Communications. Revenues from
wireless telephone subscribers have not been included in calculating the proposed fee. But after
wireless 9-1-1 telephone subscribers are routed directly to County Communications, the number
of telephone subscribers subject to the fee will increase, which should result in decreased fees to
all subscribers. When information on the number of wireless telephone subscribers becomes
available, the fee amount will be reevaluated.
Fees were calculated by obtaining the Fiscal Year 2004/05 cost to provide emergency law
enforcement and medical (and excluding fire) call answering and dispatching services in
Cupertino, and dividing that cost by the number of telephone subscriber lines in service for the
area. The total number of lines was based on information pertaining to residential and business
units and will be verified once actual line counts are received from the largest telephone service
providers. The fee proposed represents a maximum, full recovery fee.
FISCAL IMPACT
This fee will be implemented in November of 2004 to permit the phone companies adequate time
to process the charge on customer statements. We estimate that the fee will produce
approximately $457,000 in fiscal year 2004/05 (9 months) and $686,000 annually thereafter
(costs for exempt lines will be continued to be assumed by the city). It will be used exclusively
to pay for 9-1-1 dispatch services. Attachment A documents the fee calculation and Attachment
B is a comparison of monthly fees and other information for Santa Clara County and the other
entities that have emergency response fee ordinances. Attachment C addresses the cost increases
for Sheriff services in the areas of County Communications, a new Sheriff Substation scheduled
for this fiscal year and operating costs in general.
(1.{-2-.
RECOMMENDA nON
Approve the Emergency Communication System response fee and conduct the first reading of an
ordinance establishing an emergency communication system response fee.
Submitted by:
~a~
Carol A. Atwood
Director of Administrative Services
w
David W. Knapp
City Manager
N,-3
June 7, 2004
Attachment A
Calculation of Fee
Fees were calculated by identifying the FY 2004/05 cost to provide emergency law enforcement
and medical call answering and dispatching services in the city of Cupertino, and dividing that
cost by the number of telephone subscriber lines in service in the area.
The total cost of these services for FY 2004/05 is $771,709 and is broken down as follows:
Law enforcement calls in Cupertino
Medical calls in Cupertino
Total Cost
$697,709
$ 74,000
$771,709
Following are the number of telephone lines in service in the City:
Single Access Lines
Trunk Access Lines
Total
27,110
1,158
Exempt
3,011
138
Subject to Fee
24,099
1,020
Total Line Equivalents
(1 trunk = 7.5 single access lines)
Single Access Line Fee = Total cost! Total Line Equivalents/12 months = $1.80 per month
Trunk Access Line Fee = Single Access Line Fee x 7.5 = $13.50 per month
It{ -L{
June 7,2004
Attachment B
Fee Comparison
Single Line Trunk Line Lines Approx. Population %of
Fee Fee Subject to Exempt 111103 Budget
Fee Line % Census Recovered
San
Francisco $1.75 $13.13 780,500 14.9% 791,900 Unknown
Santa Cruz
County
$1.47 $11.03 79,000 9% 134,700 91%
Santa Cruz
City $3.49 $26.16 30,659 10% 55,600 90%
Watsonville $2.00 $18.00 13,479 38% 47,700 45%
Average of
Above $2.18 $17.08
Santa Clara
County
(Actual
Cost Basis) $3.16 $23.70 47,398 20% 99,600 80%
Santa Clara
County
Proposed
Fee $2.21 $16.58
Cupertino $1.80 $13.50 % 52,000 %
{I.{-S
June 7,2004
Cupertino Sheriff Cost Increases
Increases in County Communication Costs
Fiscal Year Amount % Change Contract Limit
FY 2002/03 $1,017,884 2.32% 3.80%
FY 2003/04 $1,156,093 13.58% 5.7%
FY 2004/05 $1,212,649 4.89% 2.2%
Increases in annual and one-time costs for New Sheriff Substation
Current Annual Rent $52,815
Proposed Annual Rents ranged from $94,637 to $190,384; Average is $145,000.
Proposed Moving and Tennant Improvements from $40,000 to $240,000; Average is $240,000.
Increases in General Contract:
14% Proposed Increase for PERS Retirement Cost
{l{~
RESOLUTION NO, 04-327
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING FISCAL YEAR 2004/05 EMERGENCY RESPONSE FEE
WHEREAS, on June 7, 2004, the City Council ofthe City of Cupertino adopted
Ordinance No. 1937 adding Chapter 3.38 to the Cupertino Municipal Code which imposed an
emergency response fee on every person who maintains access to the 9-1-1 communications
system by subscribing to local telephone service within the City of Cupertino;
WHEREAS, pursuant to the terms of the Ordinance No. 1937, the fee will be
implemented in November 2004 thereby making it effective for eight months of the fiscal year
2004/05;
NOW THEREFORE, BE IT RESOLVED that:
For the fiscal year 2004/05, the emergency response fee called for by Chapter 3.38 of the
Cupertino Municipal Code will be $1.80 per month for "access lines" (individual phone lines)
and $13.50 per month for "trunk lines," as those terms are used or defined in Chapter 3.38 and
increase each year after as defined by the Ordinance.
PASSED AND ADOPTED this 7th day of June 2004, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
¡If. -I
ORDINANCE NO. 1937
DRAFT
ORDINANCE OF THE CITY OF CUPERTINO ADDING
CHAPTER 3.38 TO THE CUPERTINO MUNICIPAL
CODE PERTAINING TO 9-1-1 EMERGENCY
COMMUNICATION SYSTEM RESPONSE FEE
BE IT ORDAINED By the City of Cupertino as follows:
SECTION 1: Chapter 3.38 is hereby added to the Cupertino Municipal Code to read as follows:
Sections:
3.38.010
3.38.020
3.38.030
3.38.040
3.38.050
3.38.060
3.38.070
3.38.080
3.38.090
3.38.100
3.38.110
3.38.120
3.38.130
3.38.140
3.38.150
3.38.160
Section 3,38.010
a)
"EMERGENCY RESPONSE FEE"
TitlelPurpose.
Definitions.
Findings.
Imposition of Emergency Response Fee.
Exemptions.
Annual Report.
Collection of Fee.
Emergency Communications 9-1-1 Emergency Response Fund.
Liability for Fee.
Registration, Reporting and Remitting.
Interest and Penalties.
Failure to Collect and Report Fee; Determination of Fee by Finance
Director.
Refunds.
Failure to Pay Fee; Administrative Remedy.
Administrative Agreements.
California Public Utilities Commission Jurisdiction.
Title/Purpose.
In order to ensure and improve the performance of the 9-1-1 communication system, the
city must impose a fee. This chapter shall be known as the "Emergency Response Fee
Ordinance" and the fee imposed herein shall be known as the "emergency response fee."
b)
The purpose of this chapter is to require subscribers to telephone service in the
incorporated area of the city to pay a fee which is related to the benefit subscribers derive
ftom the improvements to and operation of the 9-1-1 communication system that will be
financed by fee revenues.
c)
The emergency response fee is the most practical and equitable revenue mechanism to
finance the acquisition and construction ofIand, equipment, software, and facilities which
Il(~g
d)
e)
Ordinance No. 19~7
are needed to provide an adequate and reliable 9-1-1 communication system and to
operate that 9-1-1 communication system. The fee is intended to recover a majority of the
city costs related to the benefits the 9-1-1 system will provide to nonexempt telephone
subscribers.
d)
The fee imposed by the provisions of this chapter is intended solely to provide revenue
for eligible project costs and eligible operating costs, as defined in this chapter. Fee
revenues shall be deposited by the finance director in the 9-1-1 emergency response fund
established pursuant to Section 3.38.020 of this chapter. The provisions of this chapter
are not enacted for regulatory purposes or for general revenue purposes.
Section 3.38.020
Definitions.
Except where the context or particular provisions require otherwise, the following definitions
shall govern the construction of this chapter.
a)
"9-1-1 communication system" means an enhanced emergency telephone service which
automatically connects a person dialing the digits 9-1-1 to an answering point established
within the county and shall incorporate all aspects of the call delivery system, the call
processing system and the call dispatch system, including, but not limited to, selective
routing, automatic number identification (ANI), automatic location identification (ALl),
and wireless 9-1-1. "9-1-1 communication system" includes the functions of the Santa
Clara County emergency communications center; however, it does not include the any
fire protection agency or ambulance company that responds to requests for assistance by
traveling to a site to which they are dispatched as a result of an emergency call.
b)
"Access line" means any connection from a customer location within the incorporated
area of the city to a provider of local telephone service offered to the public for
compensation. Within the meaning of this chapter, and without limitation, access lines
include connections providing residential basic exchange service, business basic
exchange service, PBX service (private branch exchange), foreign exchange service and
Centrex service.
c)
"Eligible operating costs" means the portion of operating costs reflecting the benefit
estimated to be provided by the operation of the 9-1-1 communication system to
telephone subscribers who are required to pay the fee imposed by the provisions of this
chapter on access lines and trunk lines subject to the fee. Eligible operating costs shall not
include exempt operating costs.
"Exempt operating costs" means the portion of operating costs reflecting the benefits
estimated to be provided by operation of the 9-1-1 communication system to telephone
subscribers who are exempted from the fee by Section 3.38.050 or are otherwise not
required to pay any fee imposed by the provisions of this chapter.
"Eligible project costs" means the portion of project costs reflecting the benefit estimated
to be provided by the project to telephone subscribers who are required to pay the fee
Page 2
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Ordinance No. 1937
imposed by the provisions of this chapter on access lines and trunk lines subject to the
fee. Eligible project costs shall not include exempt project costs.
í)
"Exempt project costs" means the portion of project costs reflecting the benefits
estimated to be provided by the project to telephone subscribers who are exempted from
the fee by Section 3.38.050 of this chapter or are otherwise not required to pay any fee
imposed by the provisions of this chapter.
g)
"Fee" means the emergency response fee imposed under the provisions ofthis chapter.
h)
"Lifeline service" means discounted telephone service available to eligible low-income
residential customers.
i)
"Local telephone service" means access to a local telephone system, providing two-way
telephonic quality communication with substantially all persons having telephone or
radio telephone stations constituting a part of the local telephone system, whether or not
the service uses transmission wires. "Local telephone service" shall not include land
mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the
Code of Federal Regulations, as that section existed on January 1, 1970. Notwithstanding
this exclusion, "local telephone service" shall include wireless telephone services to the
extent that the Santa Clara County Emergency Communications Center implements and
maintains a primary Public Safety Answering Point (PSAP) by which 9-1-1 calls from
wireless telephones are geographically routed to the center for handling.
"Operating costs" means any costs to operate, repair or maintain the 9-1-1
communication system or backup 9-1-1 communication system, including but not limited
to costs for personnel, planning, training, software and hardware maintenance and
upgrades, facility maintenance and repair, depreciation equipment replacement, technical
infrastructure, and attorneys' fees.
k)
"Project costs" means any costs of acquiring, re-financing and developing land on which
to locate a 9-1-1 communication system facility or backup 9-1-1 communication system
facility, acquiring and installing computerized call delivery processing and dispatch
equipment and software, and/or any other acquisition or construction necessary to house
9-1-1 communication system equipment and staff in a seismically safe and fireproof
facility or backup facility, including any debt service payments related thereto.
"Service location" means the premises of a telephone subscriber at which a working
service point or primary station set provides the subscriber with basic exchange service
and to which extension services are charged.
"Service supplier" means any person supplying local telephone service, pursuant to
authority granted by the California Public Utilities Commission, to any telephone
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Ordinance No. 1937
subscriber at a location within the incorporated area of the City of Cupertino. Service
suppliers may include, without limitation, local exchange carriers, interexchange carriers,
competitive access providers, cable television providers offering telecommunications
services, and any other entity offering direct connections between their premises and the
premises of telephone subscribers.
n)
"Telephone subscriber" means any person required to pay a fee imposed under the
provisions of this chapter.
0)
"Trunk line" means a line between a service supplier's switching device and a private
branch exchange, automatic call distributing system, or other similar device, at a
telephone subscriber location.
Section 3.38.030
Findings.
a)
The 9-1-1 communication system provides immediate access to emergency services for
telephone subscribers. Subscribers to telephone service derive significant benefit from
ongoing operation of the 9-1-1 communication system installed at the Santa Clara County
Emergency Communications Center. Telephone subscribers will benefit from
maintaining and upgrading the 9-1-1 communication system so it continues to operate at
a state-of-the-art level and will further benefit from providing a backup 9-1-1
communication system and facility that can be immediately available and operational in
the event of a failure at the Santa Clara County Emergency Communications Center. A
portion of the costs associated with operating, maintaining and upgrading the 9-1-1
communication system and facility and backup 9-1-1 communication system and facility
should be allocated among all telephone subscribers because telephone subscribers will
reap this significant benefit.
b)
Every telephone access line can provide independent access to the 9-1-1 communication
system. Therefore, allocating operating costs on a per line basis fairly distributes these
costs according to the benefit telephone subscribers derive from availability of a
modernized 9-1-1 communication system.
c)
The concentration of a large number of access lines in a single location diminishes the
marginal benefit of improved access provided by each additional access line; therefore, it
is appropriate to place a cap on the number of access lines per account per service
location on which the fee is charged.
d)
Subscribers who maintain trunk lines derive more benefit, in terms of access to
emergency communication service, from each telephone line than other subscribers and
should pay a higher fee. Based on information from the California Public Utilities
Commission, the board finds that, on average, a trunk line provides 7.5 times more access
to the 9-1-1 communication system than does a single access line.
e)
Based on information provided by service suppliers, the city estimates that 28,268 access
lines serve subscribers to local telephone service within the incorporated area of the city,
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Ordinance No. 1937
and 3,149 or 11.14 percent of the lines providing local telephone service in the
incorporated area of the city, will be exempt from the fee.
f)
For Fiscal Year 2004/05, the costs are as follows:
(1)
The project costs and operating costs will be $771,709
(2)
The eligible project costs and eligible operating costs will be $685,778; and
(3)
The exempt project costs and exempt operating costs will be $85.931.
(4)
Recovering all eligible project costs and eligible operating costs would require a
fee in the amount of $1.80 per month per single access line and $13.50 (7.5 x
$1.80) per month per trunk line.
Section 3.38.040
Imposition of Emergency Response Fee.
a)
There is hereby imposed an emergency response fee on every person who maintains
access to the 9-1-1 communication system by subscribing to local telephone service
within the incorporated area of the city. For purposes of this chapter, with respect to
mobile telecommunications services, a person shall be construed to subscribe to local
telephone service within the incorporated area of the city if he or she has a "place of
primary use," as such term is defined in the Mobile Telecommunications Sourcing Act, 4
US.C. § 124(8), within the geographic boundaries of the incorporated area of the city.
b)
The amount of the fee imposed by this section shall be paid, on a per-line basis, by the
person paying for such local telephone service; however, no telephone subscriber shall be
required to pay fees in excess of $1 0,000 per account per service location in any calendar
year. The cost of wireless telecommunications services shall not be considered for
purposes of this subsection (b). The amount of the cap established by this subsection shall
be adjusted annually by the Consumer Price Index: All Urban Consumers for the San
Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau
of Labor Statistics.
c)
Only one payment of the fee herein imposed shall be required for any access or trunk
line, notwithstanding that access lines of more than one person are used in furnishing
local telephone service to a telephone subscriber.
Revenues generated by the emergency response fee shall be deposited in the 9-1-1
emergency response fund established pursuant to Section A14-99.
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Ordinance No. 1937
Section 3.38.050
Exemptions.
Nothing in this chapter shall be construed as imposing a fee upon the access lines of:
a)
A lifeline customer of a service supplier;
b)
A government agency;
c)
Payphones;
d)
A non-profit educational organization which is exempt ftom income tax under Section
50l(a) ofthe United States Code; or
e)
A service location which automatically connects a person dialing the digits 9-1-1 to an
answering point other than Santa Clara County Emergency Communications Center.
Section 3.38.060
Annual Report.
a)
No later than April first of each year, the Director of Administrative Services, or his or
her designee, shall recalculate the access lines and trunk lines that were subject to
payment ofthe emergency response fee during the immediately prior fiscal year.
b)
No later than April first in each year, the Director of Administrative Services, or his or
her designee, will evaluate information ftom industry sources, regulatory bodies and city
experience to determine whether the fee rates for access and trunk lines continue to
reasonably reflect the increased costs to access the 9-1-1 communication system. If the
Director of Administrative Services, based on that information, determines that the fee
rate for access and/or trunk lines no longer reasonably reflects the increased costs to
access the 9-1-1 communication system, he/she shall report this new information to the
City Council.
c)
Based upon the information described above, City Council may increase or decrease the
fee accordingly by Resolution after Public Hearing.
Section 3.38.070
Collection of Fee.
a)
The fee imposed by this chapter shall be collected ftom the telephone subscriber by the
service supplier. Service suppliers shall hold fee revenues in trust for the city and shall
remit the fee revenues collected to the city finance department on a monthly basis on or
before the last day of the following month.
The fee required to be collected by service suppliers under this chapter shall be added to
and stated separately as the county emergency response fee in the service supplier's
billings to telephone subscribers.
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Ordinance No. 1937
c)
If the amount paid by a telephone subscriber is less than the full amount of the charges
for service and the emergency response fee which have accrued for the billing period, a
proportionate share of both the charges for service and the fee shall be deemed to have
been paid.
d)
The duty to collect the fee from a telephone subscriber shall commence with bills issued
on or after the operative date of this chapter.
e)
The service supplier, at its option, may assess a service charge of up to one-eighth of one
percent (0.125%) of emergency response fees actually collected by the service supplier
and remitted to the city. The service charge may be deducted from the emergency
response fees remitted to the city at the time of remission.
Section 3.38.080
Emergency Communications 9-1-1 Emergency Response Fund.
a)
Establishment of Fund. The Emergency Communications 9-1-1 Emergency Response
Fund is established to receive all monies collected pursuant to this chapter, and any other
monies transferred into the fund.
b)
Use of Fund. The fund shall be used solely for the following purposes:
1 )
For the payment of costs of acquiring, refinancing and developing land on which
to locate a 9-1-1 communication system facility or backup 9-1-1 communication
system facility, acquiring and installing computerized call delivery processing and
dispatch equipment and software, and/or any other acquisition or construction
necessary to house 9-1-1 communication system equipment and staff in a
seismically safe and fireproof facility or backup facility, including any debt
service payments related thereto;
2)
For the payment of operating, repair and maintenance expenses for the 9-1-1
communication system and backup 9-1-1 communication system, including but
not limited to costs for personnel, planning, training, software and hardware
maintenance and upgrades, facility maintenance and repair, depreciation,
equipment replacement, technical infrastructure and attorneys' fees.
Section 3.38.090
a)
Liability for Fee.
Any fee required to be paid by a telephone subscriber under the provisions of this chapter
shall be deemed a debt owed by the telephone subscriber to the city until it has been paid
to the city, except that payment to a service supplier is sufficient to relieve the subscriber
from further liability for the fee.
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Ordinance No. 1937
b)
Any fee required to be collected under the provisions of this chapter shall be deemed a
debt owed to the city by the person required to collect and remit such fee.
c)
Nothing in this section shall impose any duty on a service supplier to take any legal
action to enforce the collection of the fee. However, whenever a service supplier remits
collected fees to the city, the service supplier shall also provide the city with the name
and address of any telephone subscriber refusing or failing to pay the fee for a period of
four or more billing periods and shall state the amount of the fee remaining unpaid. The
Director of Administrative Services assume responsibility for collecting the fees due
from the identified telephone subscribers for the stated periods and may demand payment
of such fees in accordance with Section 3.38.140. The Director of Administrative
Services may not use or disclose the names or addresses obtained under this section for
purposes other than collecting the fees due, except as required by law.
d)
Any person owing money to the city under the provisions of this chapter shall be liable to
an action brought in the name of the city for the recovery of such amount.
e)
No telephone subscriber or service supplier owing money to the city under the provisions
of this chapter may be denied access to the 9-1-1 communications system due to their
non-payment ofthe fee imposed by this chapter.
Section 3.38.100
Registration, Reporting, Remitting and Audit.
a)
Each service supplier providing local telephone service to telephone subscribers within
the incorporated area of the city shall register with the finance director in a manner
prescribed by the finance director and shall set forth the name under which the service
supplier transacts or intends to transact business, and such other information related to the
collection of the emergency response fee as the finance director may require.
b)
Each service supplier shall, on or before the last day of each month, make a return to the
finance director, in a manner prescribed by the Director of Administrative Services,
stating the amount of fees collected by the service supplier during the preceding month.
At the time the return is filed, the full amount of the fee collected shall be remitted to the
Director of Administrative Services. The Director of Administrative Services may require
further readily attainable information related to the collection of the emergency response
fee in the return, including without limitation, the current number of access lines, trunk
lines and exempt lines served by the service supplier in the incorporated area of the city.
Returns and remittances are due immediately upon cessation of business for any reason.
c)
The Director of Administrative Services, or his or her designee, shall have the power to
audit and examine the books and records of any service supplier fee for the purpose of
verifying returns and ascertaining the amount, if any, required to be paid under this
chapter. If the Director of Administrative Services decides that an audit will be
performed, the service supplier shall be given reasonable advance notice, and the service
supplier shall make the requested books and records available, during normal business
hours, at a location in the county convenient to the Director of Administrative Services,
Page 8
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Ordinance No. 1937
or his or her designee. If the Director of Administrative Services determines, based on an
audit under this subsection that a service provider has failed to remit any fee imposed by
this chapter, the finance director may require the service provider to pay for the cost of
the audit.
Section 3.38.110
a)
b)
c)
2)
3)
Interest and Penalties.
Fees required to be collected from a telephone subscriber which are not remitted to the
Director of Administrative Services on or before the due date provided in this chapter are
delinquent.
Service Suppliers. Interest and penalties for delinquency in remittance of any fee not
remitted shall be assessed as follows:
1 )
Any service supplier who fails to remit any fee imposed by this chapter within 10
days after receipt of written notice ITom the Director of Administrative Services
of such failure shall pay a penalty of 10 percent of the amount of the fee.
2)
If the Director of Administrative Services determines that the nonpayment of any
remittance due hereunder is due to fraud, a penalty of 100 percent of the amount
of the fee shall be added thereto in addition to the penalty stated in paragraph (1)
of this subsection.
3)
In addition to the penalties imposed in this subsection (b), any service supplier
who fails to remit any fee imposed by this chapter, shall pay interest on the
amount of the fee, exclusive of penalties, from the date on which the remittance
first became delinquent until paid. Interest shall be paid at the rate of one percent
per month, or fraction thereof.
Telephone Subscribers. Failure by a telephone subscriber to pay any fee herein imposed
shall result in the following interest and penalties on the telephone subscriber:
1)
Any telephone subscriber who fails to pay any fee imposed by this chapter within
120 days of the date of the receipt of notice of the amount of fee due ITom the
service supplier shall pay a penalty of 10 percent of the amount ofthe fee.
Any telephone subscriber who fails to pay any delinquent remittance within 180
days after the date of the receipt of notice of the amount of fee due from the
service supplier shall pay a second delinquency penalty of 10 percent of the
amount of the fee in addition to the ten percent penalty first imposed.
In addition to the penalties imposed in this subsection (c) any telephone
subscriber who fails to pay any fee imposed by this chapter, shall pay interest on
the amount of the fee, exclusive of penalties, from the date on which the fee first
became delinquent until paid. Interest shall be paid at the rate of one percent per
month, or fraction thereof.
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Ordinance No. 1937
4)
The penalties and interest imposed in this subsection (c) shall not be collected by
the service supplier, but shall be detennined and collected by the county as set
forth hereinafter.
d)
Every penalty imposed and such interest as accrues under the provisions of this section
shall become a part of the fee herein required to be paid.
Section 3.38,120
Failure to Collect and Report Fee; Determination of Fee by Director
of Administrative Services.
a)
If any service supplier fails or refuses, within the time provided in this chapter to report
and remit any fee imposed by this chapter, or if a service supplier, after written demand
by the Director of Administrative Services, refuses to make available for audit,
examination or verification such books, or records as the finance director requests, the
Director of Administrative Services may, using any readily available facts and
information, make a reasonable estimate of the fee due and assess against the service
supplier the fee, interest and penalties provided by this chapter.
b)
If the Director of Administrative Services estimates and assesses a fee, as provided in this
section, the Director of Administrative Services shall notify the service supplier of the
assessed amount by serving it personally or by depositing it in the United States mail,
postage prepaid, addressed to the service supplier at its last known place of business. The
notice shall include a copy of this chapter. The service supplier may submit to the
Director of Administrative Services, within 10 days after the serving or mailing of the
notice, a written objection to the assessment and any supporting documentation, a written
request for a hearing on the assessment, or both. If a written objection or request for a
hearing is not submitted within the time prescribed, the fee, interest and penalties, if any,
determined by the Director of Administrative Services shall become final and conclusive
and immediately due and payable.
c)
If the service supplier requests a hearing, the Director of Administrative Services shall
give not less than five days' written notice, in the manner prescribed herein, to the service
supplier to show cause, at a time and place fixed in the notice, why the amount specified
therein should not be fixed for such fee, interest and penalties. At the hearing, the service
supplier may appear and offer evidence why the specified fee, interest and penalties
should not be so fixed.
d)
After the hearing, or the receipt of a written objection, the Director of Administrative
Services shall determine the proper fee to be remitted and shall thereafter give written
notice to the service supplier in the manner prescribed herein ofthe determination and the
amount of the fee, interest and penalties. The amount determined to be due shall be
payable after fifteen days unless an appeal is taken within that period as provided
hereinafter. The decision of the Director of Administrative Services may be appealed, in
writing, to the City Manager. The decision ofthe City Manager shall be final.
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Ordinance No. 1937
Section 3.38.130
Refunds.
a)
A service supplier may claim a refund or claim a credit against fees to be collected and
remitted of the amount overpaid or paid more than once, or erroneously or illegally
collected or received by filing a claim with the City Finance Department; provided,
however, that neither a refund or a credit shall be allowed unless the amount of the fee so
collected has either been refunded to the person entitled thereto or credited to the charges
subsequently payable by such person to the service supplier.
b)
A telephone subscriber may obtain a refund of fees overpaid or paid more than once or
erroneously or illegally collected or received by the city by filing a claim with the City
Finance Department, but only when the fee was paid by the telephone subscriber directly
to the city of Cupertino, or when the telephone subscriber, having paid the fee to the
service supplier, establishes to the satisfaction of the finance director that the telephone
subscriber has been unable to obtain a refund ftom the service supplier who collected the
fee. The city shall be solely responsible for administering refund claims arising out of the
fact that the telephone subscriber, pursuant to Section 3.38.040 (b) has paid in excess of
$10,000 in emergency response fees during a single calendar year.
Section 3.38.140
Failure to Pay Fee; Administrative Remedy.
a)
Whenever the Director of Administrative Services determines that a telephone subscriber
has deliberately withheld the amount of the fee owed by him or her or that a telephone
subscriber has failed to pay the amount of the fee for a period of four or more billing
periods, or whenever the Director of Administrative Services deems it in the best interest
of the city, the Director of Administrative Services shall relieve the service supplier of
the obligation to collect fees due under this chapter from certain named telephone
subscribers for specified billing periods.
b)
If the Director of Administrative Services relieves a service supplier of the obligation to
collect fees, as provided in this section, and the Director of Administrative Services
determines that collection of the fee is in the best interest of the city, the Director of
Administrative Services shall notify the telephone subscriber that the Director of
Administrative Services has assumed responsibility for collecting the fees due for the
stated periods and demand payment of such fees. The notice shall be served on the
telephone subscriber personally or by United States mail, postage prepaid thereon,
addressed to the telephone subscriber at the address to which billing was made by the
service supplier, or, should the telephone subscriber have changed address, to the
subscriber's last known address. If a telephone subscriber fails to remit the fee to the
Director of Administrative Services within 15 days ftom the date of the service of the
notice, which shall be the date of mailing if service is not accomplished in person, a
penalty of 100 percent of the amount of the fee set forth in the notice, but not less than
$25.00, shall be imposed. The penalty shall become a part of the fee herein required to be
paid. Such penalty shall be in addition to any other penalty imposed by this chapter.
Page 11
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Ordinance No. 1937
Section 3.38.150
Administrative Agreements.
The City may enter administrative agreements with service suppliers to vary the strict
requirements of this chapter so that collection of any fee imposed herein may be made in
conformance with the billing procedures of a particular service supplier so long as the overall
result of such an agreement results in collection of the fee in conformance with the general
purpose and scope of this chapter. A copy of each agreement shall be on file and available for
public examination in the office of the city clerk of the City of Cupertino.
Section 3.38.160
California Public Utilities Commission Jurisdiction.
Nothing contained in this chapter is intended to conflict with applicable rules or
regulations of the California Public Utilities Commission, or with tariffs of any service supplier
subject to the jurisdiction of the California Public Utilities Commission. In the event of any
conflict, the provisions of those rules, regulations and tariffs shall control.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 7th
day of June 2004 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the - of - 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Page 12
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May 13, 2004
To:
Council Member Sandra L. James, Mayor
Council Member Patrick Kwok, Vice Mayor
Council member Richard Lowenthal
Council member Dolly Sandoval
Council member Kris Wang
From:
Larry McCarthy, President, California Taxpayers' Association
Subject:
Cal-Tax Opposition to New 911 Phone Taxes
The California Taxpayers' Association strongly opposes the new 911 phone taxes being
considered for City of Cupertino residents.
We note with interest that on April 20, the Santa Clara County Board of Supervisors rejected the
new tax increase by a 4-1 vote. Voters in Watsonville have gathered signatures to challenge on
the November ballot a recently imposed local phone tax, and voters in Santa Cruz County have
also gathered signatures to challenge a county phone tax increase. Under threat of challenge,
some jurisdictions are moving cautiously.
We are challenging this new tax for two reasons:
First, as proposed by the city, the local Emergency 911 exaction is a stealth tax increase that is
being called a fee. No one should be confused on this point. The proposed Local Emergency
911 fees are a blatant attempt to raise taxes by circumventing the California Constitution.
Propositions 13 and 218 were constitutional amendments approved by voters to require local
voter approval before taxes are increased. California voters have been emphatic in requiring
popular votes for local tax increases. It is subterfuge for the city to label as a "fee" a new local
911 tax and thereby avoid public debate and legally required local votes.
A key reason for the popular vote requirement is to protect groups of taxpayers from being
targeted unfairly to pay for general government services that benefit the entire community.
Public safety is a basic function of government and should be funded that way, not by placing a
tax-like fee on one targeted group.
Second, the current state-level emergency telephone fees already ensure a reliable system for
people to call for emergency help. Those funds are not to be used for law enforcernent
functions, much less other general fund obligations for governrnent (see page two for additional
facts about the current E-911 system). The proposed Local Emergency 911 '1ees" are intended
to fund law enforcernent services and general governrnent.
CALIFORNIA TAXPAYERS' ASSOCIATION I / ()
1215 K Street. Suite 1250. Sacramento. CA 95814. (916) 441-0490 fax (916) 441-1619. http://www.caltax.org I '1 - :2.
-2-
Under state law, 911 is an emergency communications system, not an emergency response
program. Funding for services unrelated to maintaining or upgrading the 911 network - such as
emergency dispatch, call centers, and personnel costs - should not come from Emergency 911
fees.
Finally, Gal-Tax supports the need to maintain the integrity and reliability of the Emergency 911
networks. New local taxes piggybacking on the state 911 system are a dangerous precedent
that potentially threatens the current Emergency 911 system.
Facts about the Current E-911 System
Local governments can access the state 911 fund to get their expenses
reimbursed for the costs associated with their 911 communication systems.
Local governments can use the state 911 fund to get their expenses reimbursed
for wireless 911 infrastructure.
Emergency 911 funds are not intended to fund dispatch centers or pay the
salaries of police personnel.
. The existing 911 state surcharge is used to pay for local services that are strictly
defined by the California Department of General Services' 911 program office.
These services include network, database, public safety answering point (PSAP)
equipment, wireless 911, master street address guide, some training activities
and other costs associated with their 911 communication systems.
It is a dramatic expansion for fees to exceed the costs of providing those 911
services.
Under state law, E-911 is an emergency communications system, not an
emergency response system.
. The fee is intended to ensure that there is an emergency communications
system that allows people to complete calls for help.
Once the phone call for help is complete, the emergency is in the hands of the
local jurisdiction.
. The emergency response of the local jurisdiction is not part of the physical
network that allows people to complete a phone call for help.
Fees that cross that threshold may be considered a tax that would be subject to
voter approval.
cc:
David Knapp, City Manager
Administrative Services Director
Jody Hansen, Chief Executive Officer, Cupertino Chamber of Commerce
( L( - 2../
DRAFT
RESOLUTION NO. 04-328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 03-081
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 04-302 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at the regular meeting of
the City Council on June 7, 2004; and
WHEREAS, from the evidence presented, both oral and written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Fire Marshal is hereby ordered to abate such
nuisance or cause the same to be abated by having the brush referred to destroyed or
removed by cutting, discing, chemical spraying or any other method determined by him;
that all debris, whether in piles or scattered, be hauled away;
2. That the Fire Marshal and his deputies, assistants, employees, contracting
agents or other representatives shall have express authorization to enter upon said private
properties for the purpose of causing said public nuisance to be abated; and
3. That any affected property owners shall have the right to destroy or
remove such brush or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Fire Marshal or his authorized representative to
destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Fire Marshal shall keep account of abating said
nuisance and embody such account in a report and assessment list to the City Council,
which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved shall be
provided as stated in Ordinance No. 724.
I ~-I
Resolution No. 04-12g
2
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City
of Cupertino on the 7th day of June 2004, by the following vote:
Vote
Members ofthe City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
[')-J....
2004 Brush Program Commencement Report
City of Cupertino
SITUS APN OWNER ADDRESS CITY/STATE ZIP
10521 SAN FELIPE 342-22-073 DEVENDRA RAUT 10521 SAN FELIPE RD CUPERTINO CA 95014-39
22821 MERCEDES 342-22-090 DARRELL H. OGI 22821 MERCEDES RD CUPERTINO CA 95014-39
22766 ALCALDE RD 342-44-008 RICHARD 2. & NELLIE GRACIA 22766 ALCALDE RD CUPERTINO CA 95014-39
10500 SAN FELIPE 342-44-017 PETER & JENNIFER PURUSHOTMA 10500 SAN FELIPE RD CUPERTINO CA 95014-39
10397 A VENIDA LN 342-45-041 DING IGNATIUS & EVERS JTRUST 10397 A VENIDA LN CUPERTINO CA 95014-39
10427 AVENIDA LN 342-45-043 DEACON OF OBINATA 2002 TRUST 10427 AVENIDA LN CUPERTINO CA 95014-39
11650 REGNART 366-33-007 REGNART HERBERT W TRUST 11650 REGNART CANYON CUPERTINO CA 95014-48
22325 REGNART RD 366-39-001 JAMES E. & PATRICIA R. JACKSON 22325 REGNART RD CUPERTINO CA 95014-48
U)
~
8
Records
Santa Clara County Hazardous Vegetation Management Program
Page 1
TO:
Dave Knapp, City Manager
FROM:
Charles T. Kilian
RE:
Potential Partial Pre-Payment of Housing Loan
DATE:
May 3, 2004
MEMO
I
As you are aware, I am one of the staff members who have availed themselves of the City's
Housing Assistance Program as described in City Council Resolution 99-070, a copy of
which is attached.
In 1999, under this Program, the City loaned me the sum of$686,500 which was secured by
a fifst deed of trust on my home in Cupertino. The term of the loan is 40 years, although it is
to be repaid within two years after retirement. The interest rate is 4.49% per annum. A copy
of the promissory note evidencing the loan is attached.
The City is currently in need of a cash infusion of unencumbered funds to aid it in making its
budget decisions for the next fiscal year. Fortunately, current market interest rates are
experiencing near historic lows which make it economically feasible to consider prepaying a
portion of the city's loan. Subject to my ability of obtaining such a low rate, I propose a lump
sum prepayment to the City of$330,000 which would occur by means ora new loan ftom a
private institutional lender with the reduced balance of the City's loan to be subordinated to a
new deed of trust. This would be accomplished either by a subordination agreement, or a
new promissory note and deed of trust in favor of the City. The reduced balance owed to the
City would be re-amortized over 20 years (instead of the current 40 year term) with monthly
payments to continue to be withheld ftom my paycheck. Any additional voluntary payments
in excess of the regular payment would be applied to principal, with future interest payments
to be calculated on the reduced principal balance.
In order for me to provide the City with a lump sum payment of $330,000 it will be
necessary to obtain a loan with an interest rate which is reasonably close in terms to the
City's interest rate. Such a new loan will require the payment of "loan origination fees" or
"points" and other closing costs which should not exceed $10,000. A copy of a Good Faith
H:\DOCS\CityIMEMO re housing 10an.OOC
I~-I
Estimate of costs is attached. My only request is iliat in return for providing this early lump
sum payment of $330,000 to ilie City, iliat ilie City reimburse me for my closing costs not to
exceed $10,000.
In sum, ilie City would receive $330,000 in liquid, unencumbered funds, at a cost of
approximately 3%.
If you recommend approval of this proposal, I request that you submit it to ilie City Council
and that you request ilie auiliority to execute all documents on ilie City's behalf to effectuate
this prepayment.
Finally, ilie City has ilie right to seek ilie advice of an independent attorney ofilie City's
choice regarding this proposal.
If you have any questions, please let me know.
~~
Charles T. Kilian
H,IDOCSIŒyIMEMO... ho..ing loan .DOC
2
f&-~
RESOLUTION NO. 99-070
~~q Á~
--Pr-o ört:L4Yì
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING THE HOUSING ASSISTANCE
PROGRAM FOR DEPARTMENT HEADS
WHEREAS, the recruitment and hiring oftop quality department heads is essential to the
efficient operation of the City of Cupertino, and
WHEREAS, the cost of housing, the relative unavailability of new housing, and current housing
financing conditions in the San Francisco Bay Area, and particularly the City of Cupertino, tend
to act as a disincentive to persons relocating to this area, and therefore, as an obstacle to the
recruitment, hiring, and retention of such top quality personnel; and
WHEREAS, said conditions act not only as an obstacle to the recruitment, hiring, and retention
of such personnel, but also in the event of the hiring of such personnel tend to discourage such
persons from residing within the City of Cupertino; and
WHEREAS, the City Council believe and appreciates the fact that the interest of the City
of Cupertino would best be served by encouraging department heads appointed by the City
Manager to live within the Cupertino corporate limits to ensure their ready availability and
familiarity with the community; and
WHEREAS, the City regularly invests its funds in a variety of financial securities at
varying earning rates, some of which are substantially below current mortgage rates; and
WHEREAS, a portion of these reserves may be utilized to accomplish the intent of the
City Council to promote the recruitment, hiring, and retention of the best available personnel to
fill department head positions and to encourage such personnel to reside within the boundaries of
the City of Cupertino, while the City still produces substantially equivalent investment income;
and
WHEREAS, in order to promote said objectives the City Council desires to institute a
policy under which the City, in appropriate cases, may provide financing assistance to
department heads for the purpose of assisting such persons to purchase a residence within the
City of Cupertino; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESOLVES AS FOLLOWS:
~
SECTION 1. The City Council finds that the recruitment, hiring, and retention of
personnel to fill department head positions is of key importance to the functioning of the City
government, that it is in the interest of the City to encourage department heads to live within the
corporate boundaries of the City of Cupertino, that the provision of housing assistance may, in
certain cases, enhance the ability of the City to accomplish the aforementioned purposes, and that
such assistance can be provided without significantly affecting the financial status of the City.
{~-3>
, Resolution No. 99.070
Page 2
SECTION 2. The City Council hereby declares that it shall be the policy of the City, in
appropriate cases, where necessary to secure or retain the services of such persons, and to assist
department heads to reside within the City of Cupertino by making available, as an additional
benefit of employment, a secured loan of City funds to acquire local housing. The need for such
assistance shall be reviewed on an individual basis by the City Manager and shall not be deemed
available as a matter of right to such department head.
SECTION 3. Said loans, if made, shall be made available only upon the following terms
and conditions, and upon such other terms and conditions, not inconsistent with. the following,
which may be deemed reasonable by the City:
(d)
(e)
(f)
(a)
Any such loan shall constitute a benefit of employment in consideration for the
employee's services, to be evidenced by a separate written agreement.
(b)
Any such loan shall not exceed an amount that is equal to five times the
employee's maximum base salary at the time ofthe loan.
(c)
Any such loan shall be available only upon residential property within the City of
Cupertino which, is, in fact, used as the principal residence of the employee. Any
such loan shall be due and payable in full upon sale or transfer of the property by
the employee or tennination of the use of the property as the principal residence
of the employee. If the employee terminates employment with the City of
Cupertino with fewer than five years of employment, any such loan shall be due
and payable within 12 months of termination. If the employee terminates
employment with the City of Cupertino with more than five years of employment,
any such loan shall be due and payable within 24 months of termination.
Any such loan shall be secured to the satisfaction of the City Manager and City
Attorney evidenced by a promissory note secured by a Deed of Trust.
Any such loan shall provide for either a variable interest rate or a fixed interest
rate. If the interest rate is fixed, the rate shall be the 11th District cost of funds
prevailing immediately prior to making of the loan. If the interest rate is variable,
the initial interest rate shall be the 11 th District cost of funds prevailing
immediately prior to making of the loan. The interest rate on variable interest rate
loans shall be adjusted annually based upon changes in the 11 th District cost of
funds existing on the anniversary date of said loan; provided, however, that no
adjusted rate shall vary from the initial interest rate by mOre than 4 percent. In no
event shall any such loan, whether at fixed or variable interest rate, exceed 90
percent of the purchase price of said property, or be for a term exceeding 40
years.
If at any time during the term of the loan commercial or other financing becomes
available at or below the interest rate then applicable to the City loan, the
employee shall refinance and retire the City loan.
I~ -L(
Resolution No. 99-070
(i)
Page 3
(g)
Such loans shall only be made from City funds that would be otherwise available
and invested in financial securities with varying rates of return.
(h)
The employee may be permitted a two percent discount from the otherwise
applicable interest rate for one period not exceeding five years. If such discount
is permitted, the value of the discount will be an addition to the loan's principle
on an annual basis. When the loan is due and payable or when the employee
elects to pay the loan through refinancing or otherwise, the value of the reduction
shall be added to the loan's principle for each month since the last annual addition
to the loan's principle. Upon expiration of the five year interest discount period, ,
the interest rate shall revert to that originally set forth in the note or the interest
rate then prevailing under the program for fixed rate loans, whichever is lower.
Whenever such loan is made the City shall payor reimburse the employee for 50
percent of his or her closing costs as the purchaser of the residence as to which the
loan is granted.
SECTION 4. The City Council may elect to contribute a Sum not to exceed 30 percent of
the bona fide purchase price of the residence. Any contribution pursuant to this section
shall entitle City to a proportionate share in the equity of the residence. To facilitate
purchase, the City Manager may modifY the terms of the equity sharing agreement
provided that the ultimate City contribution at the close of escrow does not exceed 30
percent of the purchase price.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the
Housing Assistance Program described herein.
PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino
this 1st day of March, 1999, by thefollowing vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MEMBERS OF THE CITY COUNCIL
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
APPROVED:
/S/ KIMBERLY SMITH
City Clerk
/SIWALLY DEAN
Mayor, City of Cupertino
110-5"
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7. /3"-9"1
FILE COpy
Secured Installment Note
With Interest
$686,500,00
(Amount borrowed)
August 1, 1999
Date
1. For value received, I, the undersigned Charles T. Kilian, promise
to pay to the order of the City of Cupertino, at its office at 10300 Torre Avenue,
Cupertino, California 95014, at times specified below, the sum of$686,500,OO
(the principal) together with interest at the rate of 4.49 percent per annum
(computed on the basis ora 360 day year).
2, The principal and the aggregate of the interest will be payable in 1040
equal successive payments which will be automatically deducted biweekly from
the wages of Charles T. Kilian by virtue of his employment with the City of
Cupertino for the first two pay periods of each month commencing with the
pay period August 16,1999 to August 29,2039 until the full amount of
principal and interest is paid. The amount of each said payment is
$1,445,05.
3. Notwithstanding the above, the undersigned elects to defer a
portion of the interest by 200 basis points from the above-described interest
rate for the fU'St 130 installment payments, The amount of each installment
payment shall be reduced to $1,042,80 for the first 130 payments,
4. At the conclusion of the reduced payment period above described,
the interest rate will revert to that originally set forth in this note, or to the
interest rate then prevailing based upon the 11 th District cost of funds,
whichever interest rate is less.
5. The amount of the deferred interest as described above shall be
paid at the time of the last installment payment, or when the note is
otherwise retired, The amount of interest deferred hereunder shall earn no
interest.
PCIDIRIK/KSIN
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6. The maker may prepay at any time all, or a portion, of this loan
without penalty,
7. Maker Charles T, Kilian authorizes the City to make automatic
payroll deductions to cover payments with respect to this note. Such payroll
deductions shall have priority over all other payroll deductions except those
required by law,
8. This note is secured by a first deed of trust encumbering real
property known as 22366 Rancho Deep Cliff Drive, (APN 356-02-048) City
of Cupertino, County of Santa Clara, State of California 95014. Notwithstanding
any other provision of this note to the contrary, the note shall become immediately
due and payable upon sale or transfer (except for a transfer into a living trust or
other probate or tax mechanism where the maker or makers remain a primary
benefidary).ofsaid property,
9. Notwithstanding any other provision of this note to the contrary, the full
balance of the note, together with any deferred interest, shall become immediately
due and payable upon the occurrence of!!!!y of the following events:
a) Termination of the use of the real property above described as the
principal residence of maker Charles T. Kilian.
b) Two years from the effective date that maker Charles T.
Kilian terminates, by retirement, death, or otherwise his employment with
the City of Cupertino. During said two-year period after termination, installment
payments will be made directly by the maker or his representatives.
c) Upon any failure of maker to make any payment under this
note when said payment becomes due.
10. This note is subject to the provisions contained in City of
Cupertino City Council Resolution No. 99-070 as it existed on June 1, 1999. In
the case of any conflict between the provisions of that Resolution and the
provisions of this note, the provisions of City Council Resolution No. 99-070 shall
prevail.
11. Maker agrees that if any legal action is necessary to enforce any
provisioq of this note for any nonpayment, the prevailing party will be entitled to
his or her legal costs including reasonable attorney's fees.
PCIDIRIK/KSIN
2.
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PCIDIR/KIKSIN
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Cl1fu.les T, Kilian
3
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LOAN TYPE:: Conv
LOAN AMOUNT: $330,000
PMT (P&I) $1,252.17
L'I'V:
36.667%1
TERMS: 99/10 ì~S
INTEREST RATE: 4.500%
!he fallowing represent the best estimates of charges yo. may in:.r in connectinn with the above referenced property. THrS FOIM DOBS
NOT mER ALL Ims YOU MAY Bt REQUIUD TO PlY IX CASH AT SKTTLI!~IHT. YOU MAY Be ¡SQUIRED ro PAY OTl!BR AMOUNrs AT mmmT.
ITEMIZATION OF PREPAID FINANCE CHARGES
801 Loan Origination Fee 2.000 Points
809 Tax Service Fee
810 Processing Fee
811 Underwriting Fee
901 Interest 6/24/2004 TO 6/30/2004 ~ 40,68 PER DAY
Sub-total Prepaid Finance Charges
6,600.00
80.00
400,00
725.00
244,08
8,049,08
OTHER C~OS%~ COSTS
803
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ABOVE ARB BSTIJlATBS om, hased upon experience u to which party, buyer or seller, typic¡!ly pays [or specific charges sad
the amount thereof. IT IS ROT IAlRAll'fSD TIIU mSE MOmS WILt BB Tl!OSE ACT11,ULY CWGI!D AT CLOSIJG. Ibis Goo<1 F¡ith Isti"ate
is being provided by sun C2U! mARCIAL, ó lortgage broker, and ~o lender has yet been ohtalae<1,
A lender will provide an additional Estimate witbi~ three business days of receipt of your loin application. This letter is given
in com~liance with the Rear Estate Settlement Procedures Act- Deli'ery of the above GFI is bereby acknowledged.
Borro~
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i SENIOR PARTNER
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3354
FAX: (408) 777-3333
F
CUPEIQ1NO
DEPARTMENT OF PUBLlC WORKS
Summary
AGENDA ITEM
(Î
AGENDA DATE
June 7. 2004
SUBJECT
Consideration of a Weekly Single-Stream Recycling Program
BACKGROUND
The Council has for some time expressed interest in considering increasing the current recycling
program service to a single-stream, weekly pickup program. A report on the subject was
presented for the Council's information and consideration at the May 24,2004 workshop on the
FY 2004-2005 Budget. At that time the Council requested that the item be placed on the next
available Council Agenda and this report responds to that request.
Until recently, single-stream recycling was not possible because of the lack of capacity at the
existing single-stream processing facility in San Jose. However, Browning Ferris Industries
(BFI), which is also known as IDC, has advised Los Altos Garbage Company (LAGCO) that
single-stream sorting capacity is now available at its Newby Island landfill facility. With that in
mind, staff has researched with LAGCO two alternatives for weekly single-stream recycling for
the Council's consideration.
Contamination Potential for Recvcling Material. There is one drawback to this program of which
the Council should be aware. While the single-stream program will be more convenient for
residents by avoiding sorting and using a wheeled cart instead of bins, there is a concern about
contamination of the waste in the bins. Contamination in this instance refers to any solid waste
that is not a recylable material (such a wet garbage, hazardous materials or even composting
materials placed in the recycling bin). Because of this potential, BFI wants to be protected if
contamination goes over 15% of the total load. Understandably, LAGCO is unwilling to take any
responsibility for contamination as well. Because the carts have lids and will be closed, the
driver won't see the contents before dumping, as they are able to do now with bins and drivers
are able to reject the contents at the curb.
The City of San Jose reports that they are experiencing up to 30% contamination in their loads. A
typical reason attributed to the contamination are situations where some residents find it much
easier to place garbage that doesn't fit into the garbage cart, at the bottom of their recycling cart.
The cost estimates for each program alternative include money for monitoring for contamination.
Printed on Recycted Paper
11-1
There may be other options of enforcing against contamination because the City of San
Francisco is experiencing as little as 10% contamination
Following is a summary of available resources from the Resource Recovery Fund to finance
either ofthese proposals (numbers are estimates):
Estimated End of Year Balance
$ 6,300,000*
Reserve set-aside for Unknown
Environmental issues/impacts
(1,500,000)
Set-aside for Cleanup reimbursement
To the General Fund
(2,000,000)
Reserve for payment of Library FF &E
(700,000)
$ 2,100,000
Estimated Uncommitted Balance
Although the balance above appears to be insufficient to fund either program, it should be noted
that the fund grows at an annual rate of approximately $500,000. With this, combined with the
repayment of the Library FF&E advance and the fact that the program costs are spread out over 5
years, there appears to be sufficient flexibility in financing the program over a period of years.
However, it should be noted that selection of either alternative, which would be funded
completely ftom the reserves without a rate increase, will bring the Reserve fund to a lower level
over time.
The two alternatives are described below:
Alternative No,l: Semi-Automated Service - Total Cost: $ 3,575.000
Currently, the 5 garbage and 2 yard-waste trucks serving Cupertino are semi-automated and able
to dump carts. LAGCO is proposing to replace the existing 1995 recycling trucks, which don't
have the ability to dump carts, with four, 2002-demonstration trucks that are able to dump carts.
There is no extra cost to the City to trade out the vehicles. All services would then be semi-
automated and picked up using carts.
Advantages: With semi-automated service, residents can use 64 gallon carts that can easily be
rolled out to the curb. The driver still must dismount the truck, but because we have curbside oil
pickup and would still need to collect large pieces of cardboard placed outside the cart, semi-
automated service offers more flexibility for collection of these two items. The semi-automated
service also provides a choice for townhouse developments, in case the 64 gallon carts are too
large to store, 18 gallon bins can continue to be used.
The trucks are already available and the time for implementation is shorter, possibly six months,
than if new trucks were ordered. The program could be phased in by starting with distributing
carts for garbage and then converting to the weekly yard waste and weekly single-stream
recycling programs. It is expected that it could be in service by Jan-Feb 2005.
{7-L
Disadvantages: The only disadvantage might be a slightly slower collection time for each stop
which would have minimal effect on customers, although, LAGCO has not included a cost for
additional time in their proposal for semi-automated as compared to automated collection.
Costs:
Carts for garbage and recycling (including delivery)
Program costs over the life ofthe contract (5 yrs 10 mos.)*
Outreach
Contamination monitoring
Contingencies
$ 1,185,000
$ 2,070,000
$ 150,000
$ 50,000
$ 120.000
Total
$ 3,575,000
* Assuming Start of service J an 2005
As noted above, if this alternative is funded entirely from reserves there would be no rate
increase to customers.
Alternative No.2: Automated Service -Cost: $ 4.025.000
Automated service, which allows the driver to stay in the truck in most cases and uses an
automated arm to empty the cart, would require the purchase of 11 new trucks, as none of the
current trucks are fully automated. As with the semi-automated service, garbage and recycling
would be picked up in carts.
Advantages: Drivers do not need to dismount the vehicle in every case, which does not affect
the customer or the service.
Disadvantages:
It may take up to a year to order and deliver new trucks, longer than it would take to implement
semi-automated service, and automated service is more costly than semi-automated service. It
appears the advantages of having the driver stay in the truck over dismounting, and a faster
collection time is not more advantageous to the City and makes very little difference, if any, to
the customer.
Costs:
Carts for garbage and recycling(including delivery)
Program costs over life of contract (5 years 4 months*)
Outreach
Contamination monitoring
Contingencies
$ 1,185,000
$ 2,520,000
$ 150,000
$ 50,000
$ 120.000
$ 4,025,000
Total
* Assuming start of service July-Aug 2005
/7-3
Should the Council wish to proceed with a weekly single stream recycling program, staff would
advise that the most expedient and cost effective approach would be Alternative No.1: Semi-
Automated Service. In that event, staff would recommend that the Council approve the selection
of Alternative No. I: Semi-automated Service and request that the staff work with LAGCO to
develop an amendment to the current contract for Council consideration as soon as possible.
Submitted by:
Ap
~ c..L-~
Ralph A. Qualls, Jr. =--- V
Director of Public Works
David W. Knapp
City Manager
! 7-l(
CITY OF
CUPEIQ1NO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUMMARY
AGENDA NO.l1...
AGENDA DATE Tune 7, 2004
SUMMARY: Direct staff to send a letter opposing SB 744 (Dunn) - land development,
because it could preempt local land use authority by the California Department of
Housing and Community Development.
RECOMMENDATION:
Staff recommends that the City Council authorize the Mayor to forward the attached
letter to Senator Joe Dunn opposing Senate Bill 744.
DISCUSSION:
SB 744 establishes a State appointed "Housing Accountability Committee" that would
be part of the California Department of Housing and Community Developrnent. The
Committee would consist of five members, three of whom would be appointed by the
Governor. SB 744 would allow developers of housing projects that meet certain
affordability requirements, including emergency shelters, to appeal a decision of denial
or any conditions of approval that in the opinion of the developer render the provision
of housing unfeasible. After hearing the appeal, the Committee could overrule the local
decision in favor of the developer. The Committee's decision is deemed to become the
action of the local agency. If the local agency's decision is overturned, the local agency
must pay any fees associated with the State imposed appeal process.
This bill preempts local decision rnaking authority and adds a level of State oversight
and bureaucracy to any local entitlement process involving housing developments that
meet the affordability requirernents of the bill. The provisions of SB 744 could force the
local agency to significantly compromise its development standards to avoid the threat
of an appeal. SB 744 would also confuse residents who successfully convince the local
agency to deny a project or impose mitigating conditions, oruy to have the local
decision overruled by the State.
Enclosures:
Draft letter from the Mayor opposing SB 744 (Dunn) based on draft provided by the
League of California Cities
Copy of SB 744 (Dunn)
Senate Committee Analysis
League of California "Key Reasons for Opposition to SB 744 (Dunn)
Printed on Recycled Paper
/6-(
SB 744 (Dunn) - land development
Page 2
June 7, 2004
~
~~
Steve PIaseckI
Director of Community Development
APPROVED BY:
~
David W. Knapp
City Manager
2
¡t--;L
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3212
FAX: (408) 777-3366
OFFICE OF THE CITY MANAGER
CITY OF
CUPEIQ1NO
June 7, 2004
Senator Joe Dunn
State Capitol, Room 2080
Sacramento, CA 95814
RE:
Opposition to SB 744 (Dunn) HCD State Housing Accountability Committee
Dear Senator Dunn:
The City of Cupertino opposes SB 744 (Dunn), because the bill gives the California Department of Housing and
Community Development (lICD) the authority to overturn local land use decisions after hearing appeals from housing
development applicants who were previously denied approval or granted approval with conditions by a local agency.
HCD is empowered to overrule local decisions that it views as "not reasonable or consistent with local housing needs."
This measure significantly increases the leverage of developers over local communities, by authorizing a developer to
attempt an "end-run" around any local conditions imposed on a housing development that has been approved at the
local level. A developer could seek to overturn any local conditions, if the Department decides that the local
conditions are "not reasonable." The Department is empowered to "order" the local agency to modify or remove any
such condition, and the developer and panel can enforce this decision in court,
This measure is a clear transfer of local land use authority to the state, and places the interests of developers over the
interests of the communities and their elected representatives. Under this legislation, even if the conditions imposed
by a local government are legally valid, they may still be overturned based upon a political decision by the
Department.
Besides the loss of local authority, this level of state oversight is unwarranted. Developers who believe that a local
government has unjustly treated their projects currently have recourse to the courts under Anti-Nimby Law [Section
65589.5 of the Government Code].
We also observe that SB 744 seeks to empower developers to overturn locally imposed conditions, but ignores the
affects of recent state-imposed conditions such as prevailing wage requirements which can increase the costs of
affordable housing by over 20 percent.
For the above stated reasons, we strongly oppose SB 744.
Sincerely,
Sandra James, Mayor
City of Cupertino
cc:
Members and Consultant, Assembly Housing and Community Development Committee
Members and Consultant, Assembly Local Government Committee
Senator Byron Sher; Assemblywomen Rebecca Cohn and Sally Lieber
League of California Cities
Printed on Recycled Peper
It-j
~ kF~~2ll~
CITIES
1400 K Street, Suite 400. Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Key Reasons for Opposition to SB 744 (Dunn)
1. SB 744 gives the California Department of Housing and Community Development (BCD)
and Developers the power to determine conditions for approval of local projects - even in
cases where a local government has already approved a project in accordance with the law.
SB 744 empowers HCD to hear appeals from developers, whose projects were approved with
conditions or additional requirements, effectively encouraging them to attempt an "end-run"
around any local conditions imposed on a housing development that has been approved at the
local level.
If the Department decides that the conditions or requirements imposed by the local government
render the provision of housing "infeasible" or "not reasonable or consistent with meeting local
housing needs," the Department shall order the local agency to modify or remove any such
condition or requirement and to issue any necessary permit or approval.
Under this legislation, even if the conditions imposed by a local government are legally valid,
they may still be overturned based upon a political decision by HCD staff.
2. SB 744 gives HCD and Developers the power to overturn legally valid local government
decisions to deny a project.
IfHCD finds in the case ofa project denial that the decision of the local agency is not
reasonable or consistent with meeting local housing needs, it shall vacate the decision and
direct the local agency to issue any necessary approval or permit to the applicant.
3. Local Governments have to prove themselves to HCD staff: Project applicants would initially
need to demonstrate that a local government decision rendered a project infeasible or was not
reasonable. However, once the applicant had done so, the local agency would bear the burden of
proof to HCD staff to show that its action was "reasonable." This process is severely flawed for the
following reasons:
HCD staff is not politically accountable to anyone in the community.
HCD staff is administering a political proceeding rather than a legal one.
HCD staff is inherently sympathetic to developer concerns by virtue of the focus oftheir
department whereas local elected officials have to balance the broader interests of a community
when making land use decisions.
4. SB 744 is duplicative and unnecessary: Developers who believe that a local government has
unjustly treated their projects already have recourse to the courts under Anti-Nimby Law [Section
65589.5 of the Government Code].
5. Punitive measures like SB 744 distract from other far more significant barriers to affordable
housing production: This legislation fails to recognize that recent state-imposed conditions such
as prevailing wage requirements have a serious impact on housing cost and Can increase the costs
of affordable housing by over 20 percent.
{ ð'-Lf
AMENDED IN ASSEMBLY MAY 25, 2004
AMENDED IN SENATE JUNE 3, 2003
AMENDED IN SENATE APRIL 21, 2003
SENATE BILL
No. 744
Introduced by Senators Dunn and Ducheny
(principal coauthor: Senator Hollingsworth)
(Principal coauthor: Assembly Member Steinberg)
(Coauthors: Senators Burton and Florez)
February 21, 2003
An act to add Section 65585.4 to the Government Code, relating to
planning.
LEGISLÆWE COUNSEI:S DIGEST
SB 744, as amended, Dunn. Planning: housing.
Existing law requires each city, county, or city and county to prepare
and adopt a general plan for its jurisdiction that contains certain
mandatory elements, including a housing element. One part of the
housing element is an assessment of housing needs and inventory of
resources and constraints relevant to meeting these needs. The
assessment includes the locality's share of regional housing needs,
which is detennined by the appropriate council of governments, subject
to . revision by the Department of Housing and Community
Development.
This bill would-fCE ttife establish within the department a Housing
Accountability Committee consisting of 5 members, appointed as
specified, to hear appeals of city, county, or city and county decisions
on applications for the construction of housing developments that meet
specified affordability requirements.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact asfollows:
I SECTION l.
2 Code, to read:
3 65585.1. (a) The àel3artmeat shall hear apl3ealsl3t1fsaal1t t6
4' !his seetiafl. The àel3artmeat shall eaflàaet !he hellf'iRg3 ifl
5 aeeeràaflee .. ith rules mlà reguJaliafl3 established b) the
6 àe¡\flrtmeflt.
7 (11) An,') applieaat ..h6 I'fa1363eJ ta e6fl3tmet a hsli3ing
8 àe, elapffieflt !h&! ffieel3 !he eflteaa af 3abài, isiaH (e) aflà ..hase
9 applieatiefl i3 eit\¡ef denied sr appra, ed .. ¡!h eaflditisfls !hat Ìfl his
10 Sf her jadgffieflt t'Ðfldef !he ]'!1'8 ,isiafl af hsösiflg iflfeasij,le, ffi!!')
II appeal the deeisisfl af!he ail'), ealffi.!), ar ei4j aHd emIR!') Ie !he
12. àcparlmellt. Hs.. e, er, eslld¡!isIiS Sf ffiitigatien ffieaStifeS ilßj')sse
13 ¡Htr3tlaat ta a leeal eaas!tll peffilit ar fIfl ea,irallffleataJ re,ie..
14 reqilireà 6) the Califamia Ea,ifaillfleatal Qöalit) Aet (Di.isiaa
15 13 (eaffiffiefieiag ..ith Seetiaa 21000) a[ the Pablie Re3slifees
16 Cede) ffia) Rat be appealed.
17 (e) t.n apl3lieant ffia) file an appeal.. ith the departffieflt ifj,eth
18 a[the fe!la..iflg eritelia are ffiet.
19 (I) The pf6l"ased haösiag àe.elal"ffieat ..ill meet EIft). af!he
20 [al1e.. ing aÆaffiabilit) ree¡aÍfeffiellts:
21 65585.4. (a) (1) There shall be within the department a
22 Housing Accountability Committee consisting offive members.
23 (2) The director of the department and the Director of the
24 Governor's Office of Planning and Research shall be ex officio
25 members, except that either may designate an employee of his or
26 her respective department or office to serve on the committee.
27 (3) The remaining three members shall be appointed by the
28 Governor with the advice and consent of the Senate. One member
29 shall be a member of a city councilor board of supervisors, and
30' one other member shall have extensive experience in the
31 development of affordable housing.
32 (4) The appointed members shall serve for terms of two years
33 each, and the director shall designate the chairperson.
34 (5) A member of the committee shall receive no compensation
35 for his or her services, but shall be reimbursed by the department
Section 65585.4 is added to the Government
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SB 744
1 for all reasonable expenses actually or necessarily incurred in the
2 peiformance of his or her official duties.
3 (6) The committee shall hear appeals pursuant to this section
4 at least quarterly or more often as necessary. The committee shall
5 conduct the hearings in accordance with rules and regulations
6 established by the department.
7 (7) The department shall provide the space and clerical and
8 other assistance that the committee may require.
9 (b) Any applicant who proposes to construct a housing
] 0 development that meets the criteria of subdivision (c) and whose
II application is either denied, or approved with conditions that in his
12 or her judgment render the provision of housing infeasible, may
13 appeal the decision of the city, county, or city and county to the
14 Housing Accountability Committee. Howeve~ conditions or
15 mitigation measures imposed pursuant to a local coastal permit,
] 6 an environmental review required by the California
17. Environmental Quality Act (Division 13 (commencing with
18 Section 21000) of the Public Resources Code), or Section 66473.7
19 may not be appealed.
20 (c) An applicant may file an appeal with the committee ifboth
2] of the following criteria are met:
22 (l) The proposed housing development will meet or exceed any
23 of the following affordability requirements:
24 (A) Five percent of the total housing of the housing
25 development is available at affordable housing cost to extremely
26. low income households whose household income is less than or
27 equal to 30 percent ofthe area median income.
28 (B) Ten percent of the total housing of the development is
29 available at affordable housing cost to very low income
30 households, as defined in Section 50 I 05 of the Health and Safety
3] Code.
32 (C) Twenty percent of the total housing of the development is
33 available at affordable housing cost to lower income households,
34 as defined in Section 50079.5 of the Health and Safety Code.
35. (D) Fifty percent of the total housing of the development is
36 available at affordable housing cost to moderate-income
37 households, consistent with Section 50052.5 of the Health and
38 Safety Code.
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I (2) Either of the following criteria is met as of the date on which
2 the application to the city, county, or city and county is deemed
3 complete:
4 (A) The city, county, or city and county has adopted a housing
5 element that the department has determined pursuant to Section
6 65585 to be in substantial compliance with the requirements of this
7 article, and the proposed housing development, exclusive of any
8 density bonus granted pursuant to Section 65915, is consistent
9 with both the density allowed by the jurisdiction's zoning
10 ordinance and the general plan land use designation as specified
II in any element of the general plan as of the date the application was
12 deemed complete, provided that consistency shall not be required
13 with the zoning ordinance or land use designation if the
14 jurisdiction has not amended the ordinance or the designation to
15 conform to the adopted housing element.
16 (B) The city, county, or city and county has not adopted a
17 housing element that the department has determined pursuant to
18' Section 65585 to be in substantial compliance with the
19 requirements of this article, and the proposed housing
20 development is located on a site that is designated for residential
21 or commercial uses in any element of the general plan as of the date
22 the application was deemed complete,
23 (d) An applicant may file an appeal with the depaffiftcHt "itftift
24 20 da) s after !he date ef the deeisien b) the leeal flgenc) te den)
25 !he applieHtien er apprB.e the I>!'plieatien "jt-h eenditiens that
26 render ~he pre , isien efhettsmg m!èasible. The dC!'afflnCHt shall
27' Belif) the leeal agene) efthe filffig efaRllf'peal "ithffi 10 dll)s,
28 and the leeal agene) sRall, "ifuin 1 9 fIll) s e[ the receipt ef !he
29 Betiee, transmit a eel') ef its deeisien aRd !he reaseBS therefer te
30 the departmeftt The ap¡!eal shall be heard "i!hin 39 da)s after
31 reeeipt e[ the re¡¡ttest fer an I>!'¡!eal b) t-he app¡iellilt. The appeal
32 heMÍflg mal be eeBdtieted b) !he depaf".meHt er a heMing effieer
33 a 9 geinted b) !he åireeter efthe àepartffiefit. A stcflegm 9hie rceer.a
34 of the ¡!reeeeåifigs shall be ke 9t WitIiiR 39 da)s ef the I>!'peals
35. hearing, the dC!'artffieHt shall fefioor a ,,'Fitten àeeis¡en, Based Hf'en
36 a majerit) ,ete, stLltÏ11g its fmdiftgs afflict, its eeBeltisieBs aRd !he
37 rcasens therefor, The heariag B) the dC Jartffiefit shall be limited te
38 tfie ¡sstie ef "hether, Ífl !he ease e[!he deRi!lle[ an ap 9JieLltien, !he
39 deeisien e[the eit;, emrnt), er eit; aRd eellRl) "as rcasÐBaàle aRd
40 eensistent "it-h meeting leeal Reusing needs as determined
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SB 744
l' ]3Hi'suaftt te SeetieB 65581 fU1d, ¡R the case ef aR IIp]3re. al ef an
2 appl¡eat¡eR" it... ceRàitieRs flRB rclluiremeRts im]3eseà, "hether
3 !liese ceRBitieft5 MB reé Hirefflefits reRt!er !lie ]3re. isieR eflitnisÌi1g
4 ¡Rfeasi13le flRt! "hether the) life reaseB!ible Rftd eelisisteftt ,,'ith
5 mcetilig leealheusiBg Reeds as BeteffilirwB ]3Hi's!iant te SectieR
6 65584. If the Be]3artmeftt [!fiBS, if!. the ease ef a Berual, that the
7 Be8ÍsieH ef the leeal ageHe) is Bet reaseH!ible er eelisistclit "i!li
8 meetiHg leeal heHsiRg Beet!s, it shall .aeate ilie BceisieB IiRB shall
9 àireet the leeal ageRe) te issHe aR) lieees3al) IIp]3re, al er ]3effilit
10 te!lie 1Ip]3liclHlt. If the depa!'tmeftt fH1ds, ili the case ef aR IIppre . al
11 "i!li eeliBitieHs aad re~ffieftts iæpeseà, that !lie dceisieli ef the
12 beard reRders the ]3re. isieR ef he!isiag if!.fca3ible and is Ret
13 rca3eliaBle er censistoot "ilh mect¡lig leeal he!isiRg Heeds, it sh&11
14 Broer the leeal HgelitJ) te meBif) er reme ,e aR) sItch eeitBitieit er
15 rClltliremelit se as te make the ]3rejeet Re laRger infeasible slid te
16 issHe an) Recessal) ]3emlit er a¡¡!'re. Ill. DceisieR3 er eeHtlitieRs
17 ant! fef/li¡remeftts im¡Jesed b) a leeal agcitey that are eeRsisteftt
18. "ith mectiag lees! heHsiRg Rceds shall Bet be . acstet!, ffiediffed,
19 er reme, ed by the tle]3ar1ffieitt Ref'., ithstfU1t1iRg iliat these
20 dccisieH3 er eeliBitioli3 slid reljliiremeli!3 ha.e the dfcct of
21 reitt!er¡Rg the ]3re . i3ieR ef heH3Í1ig ilifca3ible.
22 (e) lR fIR) a¡¡pcsl bewre the dep!ll'tmcitt, the committee within
23 20 days after the date of the decision by the local agency to deny
24 the application or approve the application with conditions that
25 render the provision of housing infeasible. The committee shall
26 notifY the local agency of the filing of an appeal within 10 days,
27' and the local agency shall, within 10 days of the receipt of that
28 notice, transmit a copy of its decision and the reasons therefor to
29 the committee. The appeal shall be heard within 30 days after
30 receipt of the request for an appeal by the applicant. The appeal
31 hearing may be conducted by the committee, a subcommittee of
32 one or more members of the committee, or a hearing officer
33 appointed by the chair of the committee. A stenographic record of
34 the proceedings shall be kept. At its next full meeting, the
35 committee shall render a written decision, based upon a majority
36' vote, stating its findings offact, its conclusions, and the reasons
37 therefor. The hearing by the Housing Accountability Committee
38 shall be limited to the issue ofwhethe~ in the case of the denial of
39 an application, the decision of the city, county, or city and county
40 was reasonable and consistent with meeting local housing needs
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SB 744
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I as determined pursuant to Section 65584 and, in the case of an
2 approval of an application with conditions and requirements
3 imposed, whether those conditions and requirements render the
4 provision of housing infeasible and whether they are reasonable
5 and consistent with meeting local housing needs as determined
6 pursuant to Section 65584. If the committee finds, in the ca.\'e of a
7 denial, that the decision of the local agency is not reasonable or
8 consistent with meeting local housing needs, it shall vacate the
9. decision and shall direct the local agency to issue any necessary
10 approval or permit to the applicant. If the committee finds, in the
II case of an approval with conditions and requirements imposed,
12 that the deci.\'ion of the local agencies renders the provision of
13 hou.\'ing infeasible and is not reasonable or consistent with
14 meeting local housing needs, it shall order the local agency to
15 modifY or remove any such condition or requirement so as to make
16 the project no longer infeasible and to issue any necessary permit
17 or approval. Decisions or conditions and requirements imposed by
18. a local agency that are reasonable and consistent with meeting
19 local housing needs shall not be vacated, modified, or removed by
20 the committee notwithstanding that those decisions or condition.\'
21 and requirements have the effect of rendering the provision of
22 housing infeasible.
23 (e) In any appeal before the committee, the applicant shall have
24 the initial burden of proof to show that it has met the requirements
25 of subdivision (c). In a case of approval with conditions or
26 requirements imposed, the applicant shall also have the burden of
2'- proof to show that the conditions and requirements render the
28 provision of housing infeasible. If the applicant meets the initial
29 burden of proof, then the city, county, or city and county shall have
30 the burden of proof to show that its action was reasonable in that
31 denial of the project or the failure to implement the conditions and
32 requirements, as proposed, would have a specific, adverse impact,
33 as defmed in Section 65589.5, upon the public health or safety, the
34 physical environment, or on any real property that is listed in the
35 California Register of Historical Resources, that there is no
36' feasible method to satisfactorily mitigate or avoid the specific
37 adverse impact without rendering the project infeasible, and that
38 the mitigation or avoidance of such impacts outweigh local
39 housing needs.
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SB 744
1 (1) The dapal'lmeffi ar the applicant shall ha,e the pa'.. er ta
2 eftreree the aTàem af!he depllrtmefit Ett la.. aT ift eé tli" in the
3 sl:I Iefiar eal:ll't. The ci", eatlilt), aT ei" !lftd eatlftt) sliall efln) am
4 the erder ef!he depaFlffieffi ..itilin 30 du)s efits ent!) II1'Id, l:I Iea
5 failttre ta àa sa, the aràer afthe àe¡:>artmeffi shftll far all¡HIff)ases,
6 Be deemed ta be tile aetiaft aftfte leea:! agClle), enless!he appliellftt
7 eeftseffis te a diJ'fereffi dceisiaft ar aràer B) the laeal ageftc).
8 (g) The aepaTlmeftt IDa) charge a ree ta ea,cr aet1iíH casts
9 àireetl) related !6 the aeli. ities af the àe Jar..meflt ift aàœinisteriftg
10 this seetiaft. The fee shall initiall) Be paid B) the applieant. If the
11 àepartmeftt
12 (f) The committee or the applicant may enforce the orders of the
13 committee at law or in equity in the superior court. The city, county,
14 or city and county shall carry out the order of the committee within
15 30 days of its entry and, upon failure to do so, the order of the
16 committee shall for all purposes, be deemed to be the action of the
17 local agency, unless the applicant consents to a different decision
18, or order by the local agency.
19 (g) The department may charge a fee to cover actual costs
20 directly related to the activities of the committee in administering
21 this section. The fee shall initially be paid by the applicant. If the
22 committee orders approval of the proposed development or
23 modifies or removes any conditions or requirements imposed
24 upon the applicant, the city, county, or city and county shall
25 reimburse the applicant for the fee paid pursuant to this
26 subdivision.
27. (h) (1) For the purposes of this section, "housing
28 development" means a development project consisting of one or
29 more residential dwelling units or an emergency shelter facility.
30 (2) For the purposes of this section, an adopted housing
31 element that has been self-certified pursuant to Section 65585.1
32 shall be deemed to have been approved by the department, unless
33 a court finds that the jurisdiction's housing element does not
34 substantially comply with this article.
35 (i) The remedies provided in this section are in addition to any
36' other remedy provided by law.
37 (j) The Legislature finds and declares that the provision of
38 housing is a matter of statewide concern and not merely a
39 municipal affai~ as that term is used in Section 5 ()f Article XI of
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1 the California Constitution. Therefore, this section shall apply to
2 a charter city and to a charter city and county.
0
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I SENATE RULES COMMITTEE I
IOffice of Senate Floor Analyses I
11020 N Street, Suite 524 I
1(916) 445-6614 Fax: (916) I
1327-4478 1
SB 7441
1
1
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THIRD READING
Bill No:
Author:
Amended:
Vote:
SB 744
Dunn (D), et al
6/3/03
21
SENATE HOUSING & COMM. DEV. COMMITTEE 7-1, 4/21/03
AYES: Oucheny, Hollingsworth, Alarcon, Cedillo, Dunn,
Florez, Torlakson
NOES: Ackerman
SENATE APPROPRIATIONS COMMITTEE 8-2, 5/29/03
AYES: Alpert, Battin, Bowen, Burton, Escutia, Machado,
Murray, Speier
NOES: Aanestad, Poochigian
SUBJECT
Planning:
housing
SOURCE
California Rural Legal Assistance Foundation
California Building Industry Association
Western Center on Law and Poverty
DIGEST This bill establishes, within the State
Department of Housing and Community Development (HCD) , a
procedure to hear appeals from developers of affordable
housing that have had a project denied or have had
conditions placed on it that would make the project
financially unfeasible. The bill allows HCD to charge a
fee to cover actual costs..
ANALYSIS Housing element law requires local governments
to zone enough land at appropriate densities to meet their
CONTINUED
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housing needs for all income groups and to remove arbitrary
development standards and other constraints that prevent
those sites from being developed. However, when it comes
to individual af£ordable housing proposals, communities
maintain a large amount of discretion to approve or deny
the project or to impose conditions, even when the project
is consistent with all local zoning and development
standards.
This bill establishes a procedure to allow developers of
affordable housing to appeal certain adverse local land use
decisions that result in denial of the project or
condi tions that render the project financially infeasible.
To be eligible for an appeal, a project must include at
least five percent extremely low, 10 percent very
low-income, 20 percent low income, or 50 percent moderate
income units and meet one of the following criteria: (1)
be consistent with local zoning densities and the general
plan in communities that have an HCD-approved housing
element; or (2) be on a site that is designated in the
general plan as residential or commercial in communities
wi thout an HCD-approved housing element.
A developer may file an appeal within 20 days of the
adverse local decision. The local government is notified
of the appeal and required to submit a copy of its decision
and the reasons therefore. The appeal is heard within 30
days by the full committee, a subcommittee, or a hearing
officer. Within 30 days of the appeals hearing, the
department is required to issue a written decision, stating
its findings of fact, its conclusions, and the reasons for
the conclusions.
On appeal, the initial burden of proof falls on the
developer to show that the project meets the affordability
and land use consistency requirements of the statute, and
if the concerns conditions imposed by the local government,
that the conditions render the project infeasible. Once
this burden of proof is established, the community may show
that the development is not needed to meet the community's
housing needs as identified through the Regional Housing
Needs Assessment process or that its decision was
reasonable in that the project would have a specific
0
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adverse impact on public health, safety, historical
resources, or the environment that outweighs the local
housing need and cannot feasibly be avoided. Conditions
imposed on a development pursuant to the California
Environmental Quality Act (CEQA) or a local coast permit
are exempt from appeal.
If the department finds that the decision of the local
I r-('{
government in neither reasonable nor consistent with the
local housing needs, then the department has the authority
to direct the local government wi thin 30 days to issue any
necessary approval or permit to the applicant and to modify
or remove any conditions so as to no longer render the
project in£easible.
The bill allows HCD to charge a fee to cover the actual
costs directly related to the acti vi ties of the department
in administering this section. Initially, the fee is
charged to the developer. However, if the local
government's decision is overturned or modified, then the
city or county shall reimburse the developer the amount of
the fee.
Cormnents
Purpose of the bill According to the author, home
builders and housing advocates often cite exclusive local
land use practices as the major barrier to producing
additional affordable housing. In many cormnunities, there
is little land zoned for residential uses, and when land is
available, it is rarely zoned for multifamily housing or at
densities that allow anything other than luxury units to
pencil out. Even when builders propose new housing
developments that do conform to local zoning densities and
standards, cormnunity opposition to higher density and
affordable housing often results in the project being
denied, significantly reduced in size, or subjected to
unreasonable conditions that can make the project
financially infeasible.
5B 744 borrows from statutes in Massachusetts, Connecticut
and Rhode Island to allow developers of affordable housing
to appeal exclusionary local land use decisions in certain
circumstances. With the state's dire shortage of
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5B 744
Page
affordable housing and all the difficulties associated with
financing and constructing such units, this bill seeks to
ensure that local governments are proactive in approving
those high-quality projects that are proposed.
Local control vs. accountabilitv While land use decisions
are generally a local government function, the state also
has a clearly stated interest in ensuring the production of
sufficient affordable housing to meet the needs of its
residents and ensure continued economic success. In some
cases such as with energy facilities, the state has stepped
into the role of the land use authority. This bill seeks
to find a balance of preserving local decision making while
ensuring accountability in those cases where there are not
legitimate reasons to deny or condition the development.
If-f)
30-years of experience in Massachusetts Massachusetts'
Housing Appeals Committee has been in existence for 30
years. Various commentators have founcl that the n\J11\Ì)er of
cases actually appealed to the committee is relatively
small, but that the mere existence of the committee has
convinced local governments to work out local issues in
ways that still allow affordable housing to be produced.
Enhancement of existinq law Local government interests
believe that currently state law, commonly referred to as
the Anti-NIMBY statute, that requires a local government to
make specific findings in order to deny an affordable
housing development is sufficient to curb local government
abuses. Affordable housing developers, however, point out
that there are a number of deficiencies in the law and,
more importantly, that going to court is often not an
option due to the costs and time delays involved. These
developers believe that an administrative process will be
both less costly and less time consuming for all parties.
Protection of environmental conditions Various members of
the environmental community initially expressed concerns
that the Housing Accountability Committee might be able to
override CEQA or the Coastal Act. Recent amendments
specify that conditions imposed on a proj ect under CEQA or
a local coastal permit are exempt from appeal.
FISCAL EFFECT
Appropriation:
No
Fiscal Com.:
Yes
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Local:
No
Maior Provisions
2003-04
2004-05
2005-06
Fund
Ongoing costs
$118*
$125*
$125*
GF
Offsetting fee revenue
---------------unknown------------Unspecified
*Depending on the total number of appeals filed, HCD's
costs may be higher. Some or all of the ongoing costs may
be recouped through a new fee.
SUPPORT
(Verified
6/3/03)
California Rural Legal Assistance Foundation (co-source)
California Building Industry Association (co-source)
Western Center on Law and Poverty (co-source)
Barbara Sanders Associates
Burbank Housing Development Corp.
Cabrillo Economic Development Corporation
California Apartment Association
California Catholic Conference
California Labor Federation, AFL-CIO
I ò ~I &
California Legislative Council for Older Americans
Center for Community Advocacy
Ci vic Center Barrio Housing Corp.
Coachella Valley Housing Coalition
Communi ty Interface Services
Community Resource Associates, Inc.
Congress of California Seniors
Corporation for Supportive Housing
Council of Churches of Santa Clara County
East Bay Community Law Center
Esperanza Community Housing Corp.
Fair Housing Council of the San Fernando Valley
First Community Housing Inc.
Foundation for Quality Housing
Fremont Fair Housing Services
Gray Panthers of California
Herman and Coli ver: Architecture
Hermandad Los Angeles Economic and Community Development
Corp.
Homes for Life Foundation
0
~
Page
Home Ownership Advancement Foundation
Housing California
Housing Rights Committee of San Francisco
Jericho
Just Cause Oakland
La Raza Centro Legal, Inc.
Latin American Civic Association
Loaves and Fishes
Los Angeles Community Design Center
Los Angeles Housing Law Project
Lutheran Social Services of Southern California
Mercy Housing California
Mental Heal th Advocacy Services, Inc.
Mid Peninsula Housing Coalition
Montebello Housing Development Corp.
National Farm Workers Service Center
New Faze Development
Orange County Community Housing Corp.
People of Progress
Peoples' Self-Help Housing Corp.
Planning for Elders
Protection and Advocacy, Inc.
Rural Communities Housing
Sacramento Housing Alliance
Sacramento Mutual Housing Association
Sacramento Neighborhood Housing Services
San Diego Home Loan Counseling
San Diego Regional Chamber of Commerce
Santa Monica Commission on Older Americans
Self Help Enterprises
Shelter Network
Shelter Partnership Inc.
l r-li
Southern California Association of Non-Profit Housing
Tenderloin Housing Clinic
United Cerebral Palsy of Los Angeles, Ventura and Santa
Barbara
United Farm Workers of America, AFL-CIO
West Hollywood Community Housing Corporation
Westside Regional Center
OPPOSITION
(Verified
6/3/03 )
Association of California Water Agencies, unless amended
California Chapter of the American Planning Association,
0
~
Page
unless amended
California State Association
City of Elk Grove
City of Lakewood
League of California Cities
of Counties (CSAC)
NC:sl
6/3/03
Senate Floor Analyses
SUPPORT /OPPOSITION:
SEE ABOVE
END
18'-~{ [
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
FAX: (408) 777-3109
F
CUPEIQ1NO
OFFICE OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. /1
Meeting Date: June 7, 2004
SUBJECT AND ISSUE
Consider Approving a Resolution Authorizing the City Manager to Sign a Core Natural
Gas Sales and Aggregation Agreement with ABAG Power.
BACKGROUND
ABAG Publicly Owned Energy Resources (ABAG POWER) is a Joint Powers Agency
created by the Association of Bay Area Governments (ABAG) in 1998 to provide
electricity and natural gas aggregation services to local governments in PG&E's service
territory. The City of Cupertino was a member of the ABAG POWER JP A, and was also
a participant in the Gas Aggregation Program.
Recently, the ABAG POWER Executive Committee approved changes to the Core
Natural Gas Sales and Aggregation Agreement ("Agreement"). This Agreement provides
the basic terms under which ABAG POWER is authorized to purchase gas on members'
behalf, and obligates the parties to meet the various conditions for gas purchases and
payments for services.
In addition to updating the Agreement to be in accordance with current regulatory
conditions and operational practices, ABAG has included a change to the program term,
which institutes a three-year "Rolling Evergreen" arrangement. This new contract term
will allow a member to notify ABAG POWER at any time of its desire to opt-out of the
program, however the opt-out will not become effective until three years from the July 1 st
following the notice (see section 7 of agreement). This arrangement will allow for more
flexibility in entering into longer-term (up to three year) gas purchase agreements, thus
giving ABAG a greater opportunity for entering into contracts that meet the goals of cost
savings and price stability.
PrInted on Recycled Paper
/1-1
Longer-term contracts have proven very valuable to the program both in terms of cost
savings and price stability. See ABAGIPG&E Rate Comparison chart below:
ABA""""'E.,"Com...."~.(~mmodl~..,,)
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RECOMMENDATION:
Staff recommends that the Council approve a resolution authorizing the City Manager to
sign a Core Natural Gas Sales and Aggregation Agreement with ABAG Power.
~tl~
Carol A.Atwood
Director of Administrative Services
W~i"iOO
Submitted by:
David W. Knapp
City Manager
t1~L
RESOLUTION NO. 04-329
DRAFT
A Resolution of the City Council of the City of Cupertino Authorizing the Execution of an
Agreement for the Core Natural Gas Sales and Aggregation Agreement
WHEREAS, the City of Cupertino is a member of the ABAG POWER Gas Aggregation Program; and
WHEREAS, ABAG POWER Executive Committee has approved certain changes to the
Core Natural Gas Sales and Aggregation Agreement to reflect current regulatory conditions,
operational practices and a "Rolling Evergreen" arrangement; and
WHEREAS, ABAG POWER has requested that all member agencies sign the revised Core
Natural Gas Sales and Aggregation Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby authorizes the City Manager to execute the agreement for the Core Natural Gas Sales and
Aggregation Agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 7th day of June 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
City Clerk
Mayor, City of Cupertino
,.,,2.2004
(1]-3
I F
CUPEIQ1NO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (1QE) 777 Jm
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
:20
AGENDA DATE June 7. 2004
SUBJECT AND ISSUE
Report on Additional Sign for the New Cupertino Community Hall
BACKGROUND
On May 17, 2004 the Council awarded Toll Architectural Graphics a contract to fabricate
and install signs for the Library and Civic Center project. During the discussion on the
item, Council member Sandoval suggested that some consideration be given to including
an additional designation of the Community Hall building as "Council Chambers" since,
once the building is open, it will become the official site of future Council meetings, and
as such, becomes the "seat of government" for Cupertino.
Staff was asked to consider possible alternatives for such a designation with signs for the
exterior and/or the interior of the building and report back to Council with a
recommendation. This report responds to that request.
DISCUSSION
Staff has consulted with the design Architects, SMWM, and have collectively concluded
that there are two alternatives to consider as follows:
1. Additional Interior Sign. The first alternative would be to add a sign to the interior
lobby of the building. The east interior wall of the lobby could be revised slightly to
accommodate lettering on the center of the wall above the flat panel television screen
to read on two lines the identifier signage for both functions (Community Hall and
Council Chamber - see attachment 1) as follows:
CUPERTINO COMMUNITY HALL
CITY COUNCIL CHAMBERS
This installation would be clearly visible ftom outside the building and cost
approximately $7,000 and could also be accomplished by a change order to the signage
contract.
Printed on Recycled Paper
20 -I
2. Expanded Exterior Sign. The second alternative would be to expand the signage on
the exterior of the building, which now calls for 8" stainless steel letters across the
portico in front of the building and read:
CUPERTINO COMMUNITY HALL
This could be expanded to read:
CUPERTINO COMMUNITY HALL AND CITY COUNCIL CHAMBERS
This alternative would extend the letters across the building from approximately 30
feet to 60 feet (See Attachment 2) and would cost approximately an additional
$22,000 by contract change order.
ANALYSIS AND CONCLUSION
As was discussed at the May 17, 2004 Council Meeting, the Community Hall building
has been designed and constructed to be a multi-purpose use facility and as the
conference space for the Library. Its use as a Council Chambers for Council and
Commission meetings will account for a very small percentage of its monthly occupancy.
However, an equally compelling consideration is that in its use as the Council meeting
place it becomes, in essence, the "seat of government" for Cupertino as a City.
In weighing these two considerations, and recognizing the long history of the
development of this building and the multi-use functionality commitment to the library
community and, in fact, the community at large, it would be inappropriate to expand the
exterior lettering on the portico cross beams beyond that are now specified as "Cupertino
Community Hall" (see attachment 3). In addition, neither staff nor the architect support
that alternative because of the extent to which it clutters and significantly alters the
simplicity and elegance of the design. The larger Library Building exterior sign is simply
"Cupertino Library" (see Attachment 4) and doubling the lettering on the smaller
Community Hall building would be out of place and extremely disproportionate in the
context of the other buildings.
Signage examples in other "Council Chamber" facilities: Staff cannot locate a municipal
building in the area that has an exterior "Council Chambers" sign affixed to the building
as suggested by alternative 2. The Council Chambers in Sunnyvale, referenced as an
example for exterior signage, does not have signage affixed to the Building. Instead there
are "way finding" signs throughout the complex to guide visitors to the various functions.
"Council Chambers" directional signage also includes directional signage on the same
signboards to such functions as "City Manager", "City Attorney", "Finance Department"
and others. These types of signs are common in Civic Center complexes, such as
Sunnyvale (Los Altos is another example), which have buildings that are not easily
distinguishable from one another and spread out over a large site.
2ð -:2-.
In Sunnyvale, while the Council Chambers is a separate building wing in the City facility,
it is, according to Sunnyvale staff, used almost exclusively for Council Chamber
activities (Council meetings, Commission meetings, Council workshops, public meetings
or large employee meetings, etc.) Also the building, much like the existing Cupertino
Council Chambers is outfitted with a fixed dais and staff seating with fixed theatre style
seating for the audience.
The largest Council Chamber in the County is located in the San Jose City Hall and is
also in a separate wing with a large fixed dais and fixed theatre style seating very similar
(on a larger scale) to Sunnyvale. There is no exterior "Council Chambers" designation
sign for the San Jose Chamber. It does have interior signs in the hallways to direct people
to it. However, notwithstanding interior or exterior signs, neither of these facilities have
the multi-use flexibility that is a key feature of the new Cupertino Community Hall.
CONCLUSION
The addition of the sign in the interior lobby (Alternative 1 above) can be placed in an
architecturally appropriate way as shown on Attachment 1. Staff and the Architect all feel
that this lettering placed in the Community Hall Lobby would respond to the interest in
having some identification of the building as the "seat of government" and the official
City Council meeting chambers.
STAFF RECOMMENDATION
Approval of the additional lettering to designate the Community Hall and Council
Chambers as shown of Attachment 1 (Drawing from SMWM) to be affixed to the east
interior wall of the Community Hall lobby.
Submitted by:
Approved for submission:
~~Utr
Ralph A. Qualls, Jr.
Director of Public Works
J;i
Da d . Knapp
City Manager
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DRAFT MINUTES
I 0
CUPERJINO
CUPERTINO REDEVELOPMENT AGENCY
Regular Meeting
Monday, June 16, 2003
At 10:25 p.m. Chairperson Chang called the meeting to order in the Council Chambers,
10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Redevelopment Agency members present: Chairperson Michael Chang, Vice-Chair
Sandra James, members Dolly Sandoval and Richard Lowenthal. Redevelopment Agency
member absent: Patrick Kwok.
Staff present: Executive Director David Knapp, General Counsel Charles Kilian,
Community Development Director Steve Piasecki, Finance Director Carol Atwood,
Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, and
Secretary Kimberly Smith.
ORAL COMMUNCATIONS - None
APPROVAL OF MINUTES
A.
Approve the minutes from the June 2 meeting.
James/Sandoval moved to approve the minutes as presented. Vote: Ayes: Chang,
James, Sandoval, Lowenthal. Noes: None. Absent: Kwok.
PUBLIC HEARING
B.
Conduct a second public hearing and adopt the Cupertino Redevelopment
Agency's Operating Budget for 2003-04, Resolution No. 03-01.
At 10:26 p.m. the public hearing was open. No speakers were heard and the
public hearing was closed.
James/Sandoval moved and seconded to adopt Resolution No. 03-01. Vote: Ayes:
Chang, James, Sandoval, and Lowenthal. Noes: None. Absent: Kwok.
ADJOURNMENT
At 10:27 p.m. the meeting was adjourned.
Kimberly Smith, Secretary
ft- /
EXHIBITS
BEGIN
HERE
ú /1/0Q or-a.!
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June 7, 2004
Dear Council Members,
Since Council member Kris Wang has just completed her first six
months in office, we would like to take this opportunity to make a few
remarks and share our thoughts with her and the entire Council.
She came into office during a time when we were facing drastic budget
cutbacks, contentious debates about the growth of our town, and cuts to
services to our community. These quality of life issues affected us all
and she was expected to learn them quickly.
She has done so, graciously. We appreciate her diligent effort to learn,
listen, and resolve these issues. She has carefully balanced the decisions
of today with foresight of the future. More importantly, she had the
courage to take tough stands and be a minority voice.
We urge her to continue working with her talented colleagues and to
seek the advice of our highly competent city executives. Their relentless
passion for our community is unsurpassed. As she works with them on
issues, her supporters will continue to rally behind her.
We support her great endeavors for the community! Keep up the good
work, Council member Wang!
Sincerely,
Michael Chang
Cary Chien
Paul Fong
Michelle Hu
Patrick Kwok
Steve Ting
Gilbert Wong
ITYOF
CUPEIQ1NO
£Xli lß\T
Mïlðy
\~,b, City Hall
Deh\Je(E!ð -;0 CoÙIII.<:.:t 10300 Torre Avenue
OV\.Ò!>I" :;"pc:1ro.-\-e CoUe.r Cupertino, CA 95014-3255
f'CC\'Y1. 'DClc.\::.e;-\ Telephone: (408) 777-3212
,'- FAX: (408) 777-3366
davek@cupertino.org
OFFICE OF THE CITY MANAGER
STAFF REPORT
Agenda Item Number
13b
Agenda Date: June 7, 2004
BACKGROUND
At the May 24, 2004 study session, several questions and suggestions were posed. Following are
responses and discussions ofthose items:
Table of Contents Page #
Festivals .............................................................................1
Senior Center Case Manager .............................................2
Teen Center........................................................................5
Public Information.............................................................5
Fees ....................................................................................6
School Resource Officers ..................................................8
DARE Officers ..................................................................9
Community Outreach.........................................................9
Language Services ............................................................10
Emergency Preparedness ..................................................10
Attorney ............................................................................11
Capital Improvement Program .........................................12
Summary........................................................................... 13
Festivals
Councilmembers expressed the opinion that, while the City should continue to provide City facilities at
no cost, festival organizers should pay the City's out of pocket expenses. If approved, this would
produce $35,701 in savings in FY 04-05. To reduce festival cost for the Lunar New Year Unity Parade,
street sweeping and fireworks can be eliminated for a savings of $2, I 00 to the festival.
Pdnted on Recycled Paper
/3 b-3
Festivals Cost
Festival Facility Fee Waiver Out of Pocket Expense for
City Staff & Sheriffs
Cherry Blossom $12,490 $5,489
Art & Wine $11,228 $5,703
Moon Festival $12,010 $5,703
Oktoberfest $10,165 $5,703
Lunar New Year Unity $1,495 $12,448
Parade
Iranian Cultural Event $7,700 $655
TOTAL $55,088 $35,701
In order to reduce the cost to festival organizers for the expense of City staff and Sheriffs Officers, the
City could approve reducing the number of Sheriff patrols required ftom 4 to 2, the equivalent staff
hours for Public Works staffftom 3 to 2, and Recreation ftom 2 to 1. This would save each festival
$2,680.
Senior Center Case Mana2er
The Case Manager informs seniors and their caregivers about resources available to delay/prevent
institutionalization of frail elders. The Case Manager is also a referral resource for seniors concerned
about a fiiend or relative. The case management program objectives are accomplished through
coordinating with a variety of community services such as home delivered meals, Outreach, In Home
Support Services, Health Insurance Counseling, Senior Adult Legal Assistance, and Adult Protective
Services. In addition, the Case Manager provides education about aging and support for seniors
grappling with the aging process.
The Case Manager's job description is to perform professional social work with senior citizens and/or
families to obtain health, financial and social services and provide assessments and develops and
implements case management plan. The minimum qualifications for the case manager are the
knowledge of principles and practices of social work as applied to senior populations. The case
manager must have the ability to plan, develop, and implement case treatment plans.
For experience and training, the case manager should have a Bachelor's Degree with major course work
in social work, psychology, counseling, sociology, nursing or gerontology and three years of social
service experience, one year of which has been with senior citizens. The equivalent to a Master's
Degree with major course work in social work, psychology, counseling, sociology, nursing or
gerontology and one year of professional case management experience involving senior citizens and
related geriatric issues is also acceptable.
2
I~b-q.
In 1978, amendments to the Older Americans Act were passed, and the Santa Clara Council on Aging
(COA) designated Cupertino Senior Center as one of the original 10 sites in the county to receive
funding to provide case management services. The first COA Title III Grant (in 1980) was funded at
$21,000 with a requirement of a 10% match ftom the City of Cupertino.
In 2003, the City of Cupertino participated in the Council On Aging's competitive bid process and was
chosen as the designated service provider for Title III Funds for the next three years. The Cupertino
Senior Center is now one of only 12 community service area sites in the county for receipt of these
funds.
From 1980 to 1994 a contract employee filled the Senior Center's Case Manager position. The Case
Manager became a part-time City employee (with only retirement benefits) between 1995 and 1999. In
1997 Congress reduced funding for the Title III Grant by 2.5%. Beginning in 2000 the Case Manager
became a full-time City employee with full benefits and additional support ftom the City of Cupertino.
Here is the program funding history over the last ten years:
Year Title III Funds City Funds Total Case Management Fund
'94-'95 $23,110 $17,205 $40,315
'95.'96 $19,490 $23,348 $42,838
'96-'97 $20,250 $31,700 $51,950
'97.'98 $19,745 $17,723 $37,468
'98-'99 $19,745 $24,860 $44,605
'99.'00 $19,750 $24,200 $43,950
'00-'01 $19,750 $51,130 $70,880
'01.'02 $19,750 $54,957 $74,707
'02-'03 $19,750 $66,350 $86,102
Annually the case manager has 120 homebound senior clients and 200 in-office appointments. On
average the case manager spends about 9.5 hours per homebound clients to provide service annually.
This excerpt of a monthly report ftom 2002 demonstrates the scope of the case management program:
This month, there were 69 relatively homebound elders served by the Cupertino Senior
Center case management program. Of these 69 homebound clients, 19 live alone. The
total reflects 18 couples, at least one of who is ftail, and in all of which there are aging
and caregiving issues. There are 10 multigenerational couples, where ftail elder parents
are caring for a disable adult child or an adult child is caring for a parent. There were
three deaths this month. Two clients are in the process of being conserved by the
Probate Court due to financial abuse. While this unhappy outcome is necessary for the
protection of the elder, it is very bad for the elder as well, and in these cases may impact
3
13b- 5
the Senior Center population somewhat, as both are active here and unhappy with the
process. I share social work with Adult Protective Services with a total of 5 clients.
Financial abuse and self-and caregiver neglect are the issues.
For the full time Case Management program to be reinstated, the Senior Center could use the funds
from the COA grant, $19,750 and the City Council would have to approve funds ftom the General
Fund in the amount $52,530 for a total in Fiscal 2004-2005 of$72,280. This is less than last year. The
reduction in cost is due to elimination of the case management intern program and conference expense
for the case manager.
Council members have made the suggestion that staff look at the possibility of having a volunteer fill
the case manager position. The criteria for a volunteer to be eligible to fill this position would be: the
volunteer must meet the job description requirements as stated, interview with City staff, and pass a
skills assessment panel evaluated by professional case managers. City staff has not yet identified a
volunteer who meets the criteria for this position.
CDBG funds can be used for the Case Management position if the seniors who are receiving the
service meet the income requirements of $59,100 for single or $67,500 for a couple. Performance
goals would need to be established for service levels.
For this year, the CDBG funds have been allocated to the following non-profit organizations: CCS,
Senior Day Services, Long Term Care, Second Harvest Food Bank, Senior Adult Legal Services and
Support Network for Battered Women. If Council chooses to fund the case manager out ofCDBG, the
other non-profits would lose their funding ftom this program.
The present membership program at the Senior Center is $15 for any person aged 50+. The
membership includes access to classes, trips and events, monthly newsletter publication and parking
permit. For membership year 2004 (Nov. 1 2003 to January 31, 2005), we expect to generate $52,500 in
membership fee.
A membership fee increased could be adopted for November 1,2004.
Cupertino Residents would pay $15 for an annual membership and non-residents would pay $20. This
will allow these Seniors access to classes, trips and events at the center and a bi-monthly newsletter
publication. If members would like to have the newsletter mailed, it will be an additional $5 fee. If
members would like a parking permit, an additional $10 would be charged.
This could generate an additional $30,000 in net revenue.
Presently, 112 non-resident volunteers donate their time to assist with programs at the Senior Center.
Staff recommends allowing non-resident volunteers who have worked twenty volunteer hours or more
in one year be allowed to pay the resident fee for membership.
4
I ~b-6
Teen Center
Council members expressed a desire to lower operating and maintenance expenses at the Center,
especially by reducing staff costs. The overall cost for running the Teen Center is $62,434 for the
program and $27,000 for maintenance. The largest cost to the program budget is staffing. Two staff at
the Teen Center has been called for to comply with the national safety best practice of safe teen
supervision by adults; one adult supervisor is required to monitor computer and internet use while the
Teen Center is in operation, and one staff acts as witness for any claims of abuse or inappropriate
behavior.
The proposed budget assumed that the Teen Center would be open 5,300 hours. Council could reduce
operating hours by 250 hours and thereby reduce expenses by $5,500.
Other potential cuts in the youth and teen programs include eliminating the Country Fair and Almost
Anything Goes program for additional savings of$IO,OOO.
Public Information
Councilmembers made the suggestion that staff cut costs by doing more on-line.
Cupertino Scene
The Cupertino Scene is the most recognized and established channel of communication between the
City and its residents. The city newsletter has been distributed monthly since 1977. The Scene is
regularly cited as an important, and ftequently the most important, source of community information.
The Scene is the only means of communication that the City initiates with all its residents. The Scene
is currently online and has been offered electronically to residents for the last six months.
Approximately two dozen individuals and organizations have opted to receive the Scene electronically.
As a best practice, newsletters are by definition, not the norm. Surrounding communities such as
Sunnyvale and Santa Clara do publish quarterly tabloid format newsletters regarding City business.
Each of these quarterly publications provides as many column-inches as one Cupertino Scene.
The most significant costs associated with the Scene are staff time, printing and postage. Postage has
become the single largest cost. The most significant saving related to the Scene can be realized by
reduced ftequency or cessation of the publication. Savings will be directly related to the reduction in
service. The Scene is produced 11 times per year at a cost of $6,000 per issue. One issue could be
eliminated without major impact, saving $6,000.
Public Access
Council also questions regarding the City's obligation to provide funding for Public Access. Public
Access funding is a contractual obligation that originated with the City's cable ftanchise. Section 9,
paragraph (d) ofthe 1995 franchise agreement, explains the matching grant agreement whereby the
City received $1,623,000 from the cable operator for support of Public Access, Education, and
Government (PEG) channels. The City maintains a contractual obligation to match this amount over
the term of the ftanchise. The current cable ftanchise expires in 2010. The outstanding balance of the
City's obligation for PEG support is approximately $800,000 according to the Department of Finance.
5
!)b - T
Last year, De Anza College and the City of Cupertino abandoned an agreement to support Public
Access by mutual consent. Support for Public Access was reduced at that time ftom $105,000 to
$45,000. Funding may be further reduced by only sustaining playback capability. With this scenario,
residents who have finished product may have their programs shown on Public Access. The cost ofthis
type of service would have to be negotiated and may run about $15,000 annually.
Fees
Golf
Golf Fees Weekday Rate Weekend Rate
Blackberry Farm
Non-Resident Rate $13.00 $15.00
Cupertino Resident Rate $11.00 $13.00
Course Comparison
City
Sunken Gardens Sunnyvale $14.00 $17.50
Pruneridge GC Santa Clara $16.00 $16.00
Santa Teresa (Short) San Jose $11.00 $15.00
Emerald Hills Redwood City $11.00 $15.00
Valley Gardens Scott's Valley $14.00 $16.00
Proposed 2004/2005 Rates
Non-Resident Rate
Cupertino Residents Rate
$14.00
$12.00
$16.00
$14.00
The proposed fee increase will generate additional revenue of approximately $50,000 for the golf
course.
Sports Center
Cupertino Sports Center (CSC) offers resident and non-resident rates and there are no enrollment fees,
which is an asset to the current market and this slow economy. At the Sports Center grand re opening
in January 2004, there were 660 members. As of May 2004 the current membership base is
approximately 900, which has surpassed membership levels prior to the renovation. This increase is
due in part to CSC offering monthly specials to attract new pass holders, examples include: $19 a
month, $99 for 3 months, $199 for 6 months, ftee child watch with purchase ofa one year pass family
pass, non prime time special for $275. CSC also offers discounts for seniors, Cupertino Union School
District employees, college students and corporate memberships.
6
I~ b~ 8
Cupertino Sports Center 2004 Pass Holder Data
1000
800
600
400
6
200
Jan
Feb
Mar
Apr
May
Comparison of Sports Center Fees with Like Facilities
Type of Enrollment
Name of business business Single Yearly Fee Fee Amenities
Tennis, racquetball, fitness
Cupertino Sports Municipal $395 Resident $0 room, gym activities
Center $425 Non-Resident
$7 Resident per day
$10 Non-Resident
per day
Northwest YMCA Private, $612 $100 Pool access, fitness/cardio
nonprofit $15 per day classes, health and wellness
classes
24 Hour Fitness Private $397 $100 fitness room, fitness classes,
Oak Shopping Ctr. 4 sessions with personal
(fonnerly Linda trainer
Evans)
Fitness USA Private $406 $0 fitness room, fitness classes,
1 session with personal
trainer, whirlpool
Milpitas Sports Municipal $3 per day $25 for Non fitness room, fitness classes,
Center No annual fee Resident basketball, table tennis,
available volleyball
AVAC Private $1,440 $350 Tennis, swimming, fitness
room, fitness classes,
whirlpool, sauna, towel
service, personal training,
toiletries
San Jose Swim & Private $1,260 $100 Tennis, swimming, fitness
Racquet Club room, fitness classes,
whirlpool, sauna, towel
service, personal training,
toiletries
7
13b-q
Los Gatos Swim Private $1,260 $850 Tennis, swimming, fitness
& Racquet Club room, fitness classes,
whirlpool, sauna, towel
service, personal training,
toiletries
There is an opportunity to increase fees at the Sports Center given the quality of the new facility. It is
proposed that yearly fees be revised effective October I, 2004 to $425 for residents, $450 for non-
residents with a $50 emollment fee. Considering that some shrinkage would occur, this could produce
approximately $50,000 in new revenue.
School Resource Officers
In 1995 Cupertino first acquired a School Resource Officer, paid with City funds. At that time
Cupertino had a Juvenile Probation (JP) Officer assigned. The cost of the Officer was shared with the
City of Cupertino, Fremont Union High School District, Cupertino Union School District, Juvenile
Probation, and the Sheriff's Office. The City wanted to complement the Officer with an SRO.
In 1997 the City of Cupertino and the School Districts were impressed with the effectiveness of the
SRO and made an agreement with the City of Cupertino, Fremont Union School District, and the
Cupertino Union School District to fund an additional SRO. Each party paid 33% of the cost for the
second SRO.
In the School Year of 2002/2003 the Fremont Union School District decided to delete their funding for
the SRO and the JP Officer. The City and the Cupertino Union School District decided to fund the JP
Officer. The second SRO was eliminated for Fiscal 2002/2003 but returned for Fiscal 2003/2004. The
position is partially paid for by the State COPS' Grant.
There are two major goals in the SRO program. The first is to bridge the gap between deputies and
children by increasing positive attitudes towards law enforcement and encouraging more citizen
cooperation between children and deputies. The second goal is to reduce crime through counseling,
teaching about the justice system and personal interest in students. These goals are achieved by the
basic triad concept oflaw enforcement officer, teacher, and counselor. The duties ofthe SRO include:
.
Enforcement; assistance is provided to the beat officers when needed on extensive or
involved cases. Help detectives when needed to ascertain information from schools,
whether it is identifying possible suspects or protecting victims.
CounselinglReferrals; talk to students and parents regarding many issues. Appropriate
community resources are located, and are made available to assist the in dealing with their
specific problems.
Education: Provide classes regarding the following subjects: Personal Safety, Drug Use
and Prevention, Justice System, DUI, Driving Education, Date Violence, etc.
Address Specific Groups: PTA, School Counselors, School Administrators, Teachers,
School Staff, and Community Organizations.
.
.
.
8
I~b-(o
Programs: Sober Graduation, Every 15 Minutes, Westside Agency Partnership, Sill,
Youth Court, Teen Academy, and Truancy Abatement.
Assist Schools with Expulsion Hearing and Student Stress issues.
DARE Officers:
With respect to the DARE program, while it is a well-received program, research shows that children
who have been through the program are no less likely to use drugs and get in trouble as children who
have not been through the program.
There are two Dare Officers assigned to West Valley Patrol. In 1985, Cupertino was the first contract
city to request for the DARE program. Cupertino paid for a deputy to teach DARE. In the early 1990's
the Sheriffs Office added two additional DARE/Community Services Deputies, based on the request
from the other contract cities and the unincorporated areas. The three DARE/Community Services
Deputies reported to the Community Services/Reserve Division. The funding for the deputies was
build into the overhead cost for the contract cities and the County picked up some of the cost for the
positions. In 2003, the Sheriffs Office eliminated one DARE/Community Services Deputy. The two
DARE/Community Services Deputies were assigned to the contract cities, but work out of
Headquarters. In early 2004 the two DARE Community Service Deputies were assigned to work out of
the Quinlan Center and West Valley Patrol. There are approximately 900 students that graduate from
the DARE program a year in the Cupertino School District. The program is 16 weeks during a
semester. The deputies interact and communicate with the Elementary School staff and students. The
deputies attempt to establish a rapport to develop lines of communications and a positive relationship
with the elementary school children. They are also responsible for Community Events, Neighborhood
Watch, and Ride-Along program. The cost to have these two deputies available to the City for DARE
is $70,144.
Community Outreach
The Neighborhood Block Leader program creates community in our neighborhoods. Currently, the
City has 102 block leaders who organize between 5 and 80 homes each.
The program helps neighbors to get know each other and maintain contact with their neighbors, and to
coordinate neighborhood activities.
Perhaps most importantly, the Block Leader program improves public safety. When neighbors gather
and get to know each other and who lives nearby, they naturally start to look out for each other, which
is the strength of a Neighborhood Watch group. With the recent loss of the Sheriffs community
resources sergeant position, it is crucial that the block leader program continues. When block leaders
gather their neighbors, it is a Neighborhood Watch meeting.
Cupertino's CERT program also relies on the Block Leader program to train CERT graduates on how
to meet their neighbors which leads to neighborhood preparedness drills. In addition, since funding for
the CERT coordinator position has been reduced, the Block Leader program keeps neighborhoods
connected if an emergency should occur.
9
\,b -1\
During block leader training, the City presents the Block Party, Neighborhood Watch, and Emergency
Preparedness programs as ways to gather their neighbors. Because of the influx of new residents in
recent years, block leaders are challenged to coordinate one neighborhood activity a year.
We have found that most block leaders coordinate a block party as their first neighborhood gathering-
with or without the City's Block Party permit process. During 2003, the City logged in 22 block
parties, up from an average of 7 the prior two years. We know, however, that at least an additional five
more parties were hosted by block leaders without the City's help.
The City organizes three annual block leader trainings for new and experienced leaders to learn
communication techniques, to hear about City programs, and to exchange ideas with other leaders.
Leaders are also trained in meeting facilitation so they are comfortable leading neighborhood meetings.
The Block Leader program provides two-way communication with the neighborhoods. Block leaders
regularly receive information ftom the City about issues related to their neighborhoods, such as the
recent Portal and Wilson Park rededications and July 4 neighborhood events. In turn, the City provides
specials forums for block leaders to communicate neighborhood issues to the City.
Finally, the Block Leader program promotes cultural understanding among neighbors. Not only do the
leaders coordinate activities that bring neighbors together regardless of race or creed, they also help
each other within the block leader program with language skills and cultural education. The best way,
and perhaps the only truly effective way, to promote cross cultural understanding is for people to work
with each other, one on one, starting with immediate neighbors.
It is possible to reduce the cost of the Community Outreach program ftom $21,000 to $6,000 by
eliminating the Cinema at Sundown program. By taking $15,000 from the Community Outreach
budget and $5,000 ftom the Parks and Recreation budget, the total savings would be $20,000 for the
Cinema program.
Staff support to the 5Cs program cost about $2,600 per year.
Lan2ua2e Services
In 2002, at the request of Council, a Language Services line item was created in the Community
Relations budget. The policy has been to use this funding to translate news publications into English,
to translate emergency preparedness and environmental information into a variety oflanguages spoken
in Cupertino, and on occasion, provide interpreters at public meetings. All of these services have been
regularly utilized except for interpretation services. Interpreters have only been provided at public
meetings on councilmember request. The cost of these services is $30,000 annually.
Emer2ency Preparedness
The increase in the Emergency Preparedness Materials budget (page 157) is due to the fact that the
City received the Medical Reserve Corps Program grant of $50,000 per year for each of the next three
years. Marsha has included the expenditures for this grant in the materials line item. In addition, we
10
I ~b ~12.
are charging a small fee for residents and non-residents for our emergency preparedness programs to
cover the increased costs of supplies for those classes (approximately $5,000 in total).
Kaleidoscope
CERT
CPR
First Aid
$25 Resident; $35 Non Resident
$ 0 Resident; $35 Non Resident
$15 Resident; $25 Non Resident
$25 Resident; $35 Non Resident
Attorney
The preliminary budget for legal services on page 117 contains an error. The number of employees
described in the personnel summary should be 2.70 instead of 2.95. The City's contract with the
Attorney allows him to spend 25% of his time with non-City clients. In addition, 5% of his time is
budgeted under the City's Redevelopment Agency. The 2.70 figure also includes a full-time Assistant
City Attorney and a full time Secretary.
The City Attorney's office is not limited to providing legal counsel to the City Council and the
planning commission. The office provides extensive legal services to staff including preparing
ordinances, reviewing and drafting agreements, and providing responses and advice with respect to a
myriad of issues raised by staff and the community. Most of the Assistant City Attorney's time is spent
prosecuting and enforcing the City's ordinance code, which includes a number of court appearances,
administrative hearings, and some trials. Attendance at planning commission meetings constitutes
approximately 5% of the Assistant City Attorney's time. It should be noted that the Assistant City
Attorney, does not receive extra compensation for attendance at planning commission meetings.
The City Attorney and I have met to find ways to reduce the costs of legal services generally. For the
last fiscal year 2003-2004, the legal services budget was $544,747; however, the actual expenditure for
this last fiscal year is projected to be approximately $20,000 less than budget. This is not uncommon.
Last year's budget provided for a cushion of $20,000 to pay for additional unanticipated legal
expenses. Historically, most of this amount is never expended. The current proposed budget for the
2004-2005 fiscal year also provides this $20,000 for these same unanticipated expenses. Both the City
Attorney and I recommend a 2004-2005 legal services budget reduction of $20,000 to remove this
cushion. This reduction will not impact the current level of service. As a result of this proposed cost
cut, the legal service budget has been reduced by 3.7% from this year's original proposal and
constitutes a net reduction 00% ftom last year's budget.
In terms ofthe overall budget for legal services, I believe that Cupertino's budget of$528,250 is in line
with other comparable cities in the area. For example, the City of Mil pitas' 2003-2004 budget for legal
services is $659,000 for one city attorney (contract) and one legal secretary. The City of Mountain
View's 2003-2004 budget for legal services call for the sum of $1,123,882 for 3 attorneys and 2 staff
personnel. The City of Sunnyvale's 2003-2004 budget for legal services provides for the sum of
$1,385,584 for 4 attorneys and 2 support staff.
At the outset, it should be noted that, contrary to the impression left with the council at the last
meeting, the City Attorney's offices cost the City $39,900 for this calendar year (not $99,500.) One of
the primary disadvantages to the City in relocating the City Attorney's offices to City Hall is cost (both
one-time and long-term). In February of this year, the City executed a new five-year lease with
11
I ~b -I;
Hunter-Storm at a significantly reduced base rent which included tenant improvements, janitorial
services and costs of moving. The City Attorney moved into the new locàtion on May 17. Any
relocation to City Hall would involve the City planning for new, unanticipated office space somewhere
in City Hall. There would be expenses for necessary improvements and the actual move. The long term
costs to the City for such a move would be contingent upon the City's ability to sublet the vacated
office space. Currently, Hunter Storm has several office spaces unoccupied and available for rent.
Finally, any such move would involve a re-negotiation of the City Attorney's contract which
contemplated office space outside City Hall.
Capital Improvement Pro2ram (CIP)
During the May 24, 2004 Budget Workshop the Council made several requests and suggestions
regarding the CIP. The responses and follow-up actions and recommendations regarding those items
follows:
Prospect/DeAnza Signal Upgrade: Staff will review this project at the preliminary design stage to
determine the minimal cost for the modifications to the signal at the northeast corner and report back to
Council before proceeding with the final design. It is recommended that, with this caveat, the CIP be
approved for $100,000 subject to later modification.
Bubb /McClellan Storm Sewer Upgrade: Council had suggested that this project be included in the
unfunded list in the outer years of the 5-year CIP. The final CVIP will include this new project as
unfunded in the amount of $500,000 in FY 2007-8 for design and $2,000,000 in FY 2008-9 for
construction. Consideration of an assessment district to fund this effort would. require an additional
$250,000 in FY 2006-7 for a preliminary engineer's report and assessment process.
Grant Funding - General: Council also requested that staff consider traffic grants for such projects as
the Mary Avenue crosswalk at the Senior Center and the Mitty/ Lawrence Expressway pedestrian
crossing and Trail connection. The Mary Avenue crosswalk will be shortly going out to bid and
preliminary indications are that this would not rank very highly for grant funding as it is not on a
school route nor a trail or established transportation element and it is recommended that the CIP be
approved with the $91,000 balance carried over to FY 2004-5. Staff will pursue grant funding along
with the City of San Jose and Santa Clara County for the Mitty crossing.
Unfunded Projects Priority: The Council had asked staff to list the unfounded projects in order of
funding priority. Staff has done so considering the urgency, need for maintenance to protect a capital
asset ftom deteriorating to a more costly fix in the future as well as safety and use considerations. The
funding priority is recommended as follows:
I. Phase II Signal battery Backup Syst.
2. DACA Pool house
3. Security Gate-Service Center
4. Memorial Park Softball Field
5. City Hall Remodel
6. Lawerence/Mitty Ped. Crossing
7. Tennis Court Resurfacing
$ 110,000
250,000
50,000
150,000
850,000
75,000*
150,000*
12
I ,b - p+
8. Quinlan Fountain
9. Rancho Rinconada Park
10. Bubb/McClellan Storm Sewer
150,000
2,000,000
2,750,000
*These projects are ranked lower because sources of money other than the General Fund (Grant,
Enterprise, etc.) may become available sooner.
Summary
As you know the budget process involves a moving target. Since your budget study session, new
expenses, have surfaced. The West Valley Substation, woefully inadequate, will have to be vacated. An
additional rental cost of $100,000 per year is expected and tenant improvements will cost at least
$40,000 more.
Additional budget reductions discussed above are summarized here:
Budget Reductions
Teen Center Hours
Teen Programs
One issue ofthe Scene
Cinema at Sundown
Support for 5Cs
City Attorney Contract cost
$5,500
10,000
6,000
20,000
2,600
20,000
$64,100
In addition potential new revenue is summarized below:
New Revenue
Festivals
Out of pocket charges
Drop street sweeping and
Fireworks at the Lunar New
Year Parade
Senior Center fee increase
Golf fee increase
Sports Center
$35,701
2,100
30,000
50,000
50,000
$167,801
Respectfully submitted:
~L
David W. Knapp, City Manager
13
I;)b -I S
EXHIBIT
cc..- {,(11 Df
1'2.> '0
Cill 01 Cupertino
Budget Public Hearing
Fiscal Year 2004-2005
June 1, 2004
I
, ¡I
City of Cupertino
Librmy and Plaza
PROPOSED BUDGET
2004-05
www.cupertino.org
101.1
Budget Context
. Revenue Trends
. Sherin Contract
. Vacant Positions
. Other Cuts
.J.
~. ,
Budget Projections
2003-04
. Revenue budgets reduced bv
$4.4 M
. Expenditure budgets reduced
bv $2.9 M
. Economic Uncertaintv'Reserve
reduced bv 1.5 M
.3
I\t.
City of Cupertino FY 01/02 FY 02103 FY 03/04 FY 03104
Budget Cuts to Date adopted Midyear
budget adjustment
General Fund Budget Reductions:
1 Accounting Reallocations
Transfer Storm Drain Maint out of General Fund 60,000 60,000 60,000
Reallocated salary/benefit to Redevelopment Fund 145,000 145,000
Reallocated costs to CDBG Fund 55,000 100,000
2 Budget Reductions
Mid-Year budget reductions from all departments 761,553 514,000
Contact services for graffiti removal 20,000 10,000
Janitorial services at Wilson Park 10,000
Traffic contractual services 50,000 116,000
No new vehicle purchases for the fleet 30,000 75,000
E-Govt Phase II 100,000
Conference and Meeting budgets city-wide 150,000
3 Program Reductions
Eliminate second school resource officer 164,000
Park the skate park 20,000 50,000
Eliminate noontime program 10,000 30,000 5,000
Reduce contribution to DeAnza PEG channel 60,000
Eliminate 4th of July Fireworks 50,600 -60,000
4 Selective Hiring Freeze - Salary/Benefit Savings
Furlough Program 72,920
Senior building inspector 102,989 116,283
ProducerlW ebmaster 75,754 17,500
Maintenance Worker II 45,059 73,500
Maintenance Worker II 73,500
Maintenance Worker II 49,000
Building Inspector 89,000
Senior Office Assistant - Benefit savings only 13,000
Recreation Coordinalor 66,000
Traffic Technician 48,000
Case Worker Senior Center 42,000
Sergeant - Traffic Control 46,000
5 CIP Reductions/Modifications
CIP - Gas Tax Programs 200,000
CIP - various projects 100,000 15,000
CIP - San Tomas Aquino Saratoga Creek Trail 150,000
CIP - Traffic Signal Upgrades 150,000 100,000 130,000
CIP - Street Walkability Modifications 95,000 100,000
CIP - Traffic Calming 25,000 75,000
CIP - Memorial Park Ballfield 150,000
CIP - Skatepark 181,950
CIP - Yellow LED lights/City Center Park -191,000
Sidewalk Contact 200,000 120,000
6 Debt savings from refinancing/extension 1,388,000
7 New Revenue Charges 34,000
Total 821,553 1,427,802 2,787,803 1,707,450
q.
~
44C15;S?
,
Budget Assumptions
. Economic Downturn Continues
. New Revenue Sources are
minimal
. Expenditure budgets are "hold
the line"
. Rising costs in PERS & health
care
. Additional costs with new
facilities
s
Budget Projection 04-05
Fivi
:
2003.04 2004.05 2o05.õii 200i:Õ7 2007-08 2008-09
":' ::~' ~¡~Ç :~" :~
(2~SW (26.596: (27,75, (29.415) (30.794' 02.091
:Cr"-,,~~: 61996Õi.646 542 597
..t~"'IJ.J'" J (3,547', 13'\48' (1,481 (3.547 (3.549:
13.1401 (2,928) (25RRI (1.9021 (3.005): (2,9521
:
NERAL FUND
"., .,
'ik¡;~s-;:;:;;~~
l'
US Fund
(
'II
(2_Bl1
nn.-r;~"<
,.,
(2.7311
1.81
11
(120) I
0
(9781
1.500
500
1.022
51
11
(I'
e
51
11
(170'
(90
II
(1
()(
11
(I'
(I
(2,123) (1.437' (2.515' (2.462)!
1.5()()
5()()
(IB1
(7611 (447', (425'
(735) (742) 17,2'
(1.4961 (1,189: (1.1 57'
9.578.'" °'"
"er",:
p,
$
0
2.078
7,500
II
9.578
0
1.911
7,500
9.411
It?
0
631
'7.5()()
R.Ul
2.000
500
0
500
0
0
1.0~3 (2,015) (2.462)
0 0
171'11: (734)
17331 (734)
"8.46i
0
961
"7.500
R,4~1
5.712
0
0
5.712
5.712
0
(736
(736:
2.514
0
0
2.514
2.514
General Fund Trends
. Revenue Analvzed separately
. Revenues - UP 3.4% 'rom
1998/99
- Sales Tax - down 33% from
1999/00
- InlereSllncome - down 56% from
2000/01
- TOT - down 33% from 2000/01
7
General Fund Trends
. Expenditures analvzed separatelv
. Salarv/Benefit Package -to be
negotiated
. Sherin Contract-to be negotiated
. Budget Cut-backs
- Selective Hiring freeze
- Public Safety Reductions
- CIP/Maintenance reduced/deferred
- Youth/Teen/Senior /Outreach
programs reduced
8>
General Fund Operating Revenues/Expenditures
(excluding Transfers In, Bond Proceeds and Sales of Property)
$000
2003-04 2004-05
1998-99 1999-00 2000-01 2001-02 2002-03 (projected) (projected)
Property taxes 2,784 3,162 3,298 3,560 3,705 3,800 3,748
Sales taxes 8,646 12,530 11,834 10,429 8,844 8,780 8,400
TOT 1,481 1,852 2,325 1,547 1,679 1,500 1,560
Franchise fees 1,676 1,933 1,979 2,274 2,176 2,300 2,312
Utility tax 2,341 2,376 2,908 2,632 2,566 2,750 2,740
Other taxes 1,140 1,266 1,253 1,226 1,133 1,360 1,435
Use of money and property 2,417 2,161 2,694 1,804 1,498 1,100 1,187
Intergovernmental 2,763 2,728 3,255 3,439 3,645 2,580 3,444
Charges for services 2,256 1.872 1,561 1,765 1,914 1,695 2,090
Fines 503 524 471 616 541 640 600
Miscellaneous 146 419 133 112 16 40 160
Total GF Operating Revenues 26,153 30,823 31,711 29,404 27,717 26,545 27,676
5--
Council and Commissions 472 547 605 650 617 397 447
""-
Administration 288 303 308 340 346 366 402
City Attorney 360 390 474 474 512 545 548
Law Enforcement 4,883 5,091 5,352 5,765 6,019 6,697 6,559
Public Information 545 551 618 708 703 680 739
Administrative Services 2,084 2,443 3,000 3,265 3,450 4,166 4,095
Recreation Service 1,280 1,494 1,774 1,858 2,104 2,220 2,377
Community Development 1,640 1,945 2,536 3,647 3,022 2,889 2,800
Public Works 7,451 7,416 8,506 9,198 8,797 8,578 9,569
Total GF Operating Expenditnres 19,003 20,180 23,173 25,905 25,570 26,538 27,536
Debt Service Obligations 4,631 4,672 4,663 4,711 3,532 3,547 3,547
Total Operating & Debt Service Expense 23,634 24,852 27,836 30,616 29,102 30,085 31,083
Negotiated Package not available 6.50% 3.60% 4"60% 2.50% 7.51% 6.42%
FIE's - 133.50 138.00 145.00 154.50 154.50 155.00 155.00
New Facilities Senior Ctr Sports Ctr! Library!
Teen Ctr Comm Hall
CaliMillP
~
sq.
~;
!JI.~
'I
General Fund Revenue Operating Trends
1998-99
1999-00
2tID0l
21XJ! -02
2002-OJ
2004-05
2ooJ-1}I
J()
I Operating Revenue
rilOperating & Debt Service &pense
Change in Programs
äcañt~~~~l~?~~::"::.:":.:::.":=::'::=::,::"~:":.:-,:=.=:"::::,::"="=~=.T.=,:=:::~.~.5~~~Ër~"
Community Resource Sergeant . 140,000(
~i~t~~~~~ji~======~~:==1~~~~ :
~~!ttiiF'~~~~~::~~~=+="=. -
~~~~r~£~~:~-==---==:==:===::~i-
Sum merCõ"'ñèé"'iiSé'rfé-Š'Red uëtiõns--'-"~""'""""-"'""'" --""""""""3 OÕõ't'
--..-"--.-'.""'."---."....-"----.-..."."..--..-,,......,,...."-"-""""-" -..--"".....----. --
ra\€1 and Conference. citywide 150,000
_..,,~:.,,~~~:~~~~!~...~::.:'.-:"=::':::=:~=:=="".:::"::::,:""-"',,:::::'::.:'=:"':::l,...:=:=:Ig9~õQQ - -:
~~~~~~~:~ñ~~jfJ~-=:=:==:="='=.f=::,:=~'+
~];§~~~i~~~=:=::,=::í=:-==t
F~~~~l~1f}~~G~;~~~:::~=:::=-=+:=:=¡~~ '
[~. """-"""---_"'__"_"""._""""........_-"."""""-"-"..,,,, ...".""",......"....."."..... ",,".. ...."'"."",...... ..-."",... "".."....".... ..-..l.-........",-.... ,,_.. .."""......., ..."...-
f-~~~~~~~r'~~~-~~ är-k""'- ""'_""""""'_"""",--"" "",-..."" '-'f-- """..- - ~~ ~"666-
["gE~ ~ .~~:~~~~:~~~.~~Zg~~~~~:~~'~i ~,,~.:..( ~~~T::: '.':."."" ,.,. ,."...... I:'.:"". :..... "=?~.,:Q9~L':i:
II
CURRENT VACANCIES - MAY 2004
Position
Division
Former Employee
Date Vacant Annual Savings
Includes
31.39% in Benefits
Maintenance Worker I Biackberry Nick Alvarez 9/23/2002 $56,335
Maintenance Worker I PW -Streets Bernie Higa 5/16/2003 $56,335
Maintenance Worker I PW - Grounds Joseph Moore 7/25/2003 $56,335
Traffic Technician PW - Traffic Nancy Lee 1/9/2004 $85.425
Recreation Coordinator Pre-School/Sports Programs Richard Gonzales 8/5/2003 $60,545
Sr. Building Inspector CD - Building Joseph Antonucci 8/9/2002 $119,938
Building Inspector CD - Building Joseph Strasser 9/12/2003 $92,330
Sr. Planner CD - Planning Aarti Shrivastava 2/2/2004 $93.418
Environmental Prog Assist PW - Environmental Prog Pam Ledesma 5/15/2004 $76,705
Case Manager Sr. Center Jackie Baddeley 12/15/2004 $64,675
Maintenance Worker I PW - Streets Cynthia Jarvis 5/11/2004 $56,335
Total Annual Savings $818,376
As of May 5,2004, there is a Maintenance Worker I vacancy in facilities, however, a recruitment has been conducted
and the vacancy will be filled within the next two months,
'Colleen Manning in the Pre-School/Sports Program replaced Richard Gonzales in the Sports Center.
The Pre-School/Sports Program position was not filled, .
It-
Projected Reserve
at 6-30-04
. Economic UncertainlY I
$2.1 million
. Economic UncertainlY II
$1.5 million
. CIP - Future Acquisitions
$0.0
Total
$9.6 million
/3
Siale Proposal
. 5623,313 for FY 04/05
. $623,313 for FY 05/06
. $989,000 pavback for FY
06/01 (190/0]
- Represents 1/3rd sales
tax, 1/3rd propertv tax and
1/3rd VlF
If-
Departmental Budgets
. Council/Admin/Attornev/PIO
. Law Enlorcement/911 Fees
. Administrative Services
. Parks and
R ecreation/Festivals/5 8th
. CommunitY Development
. Public Works/WeeklY .
Recvcling
)~
2004/2005 :
Citations
Shift
Sheriff Contract on 4-09-04
Resource
DARE Officers
School Resource Officers
Officer -
to date
Sheriff Contract
FY 2004/2005
1(0
6,453,237
4,000
40,000
45,300
40,000
Cupertino Sheriff Cost Increases
ncreases in County Communication Costs
Amount % Change Contract Limit
$1,017,884 2.32% 3.80%
$1,156,093 13.58% 5.7%
$1,212,649 4.89% 2.2%
ncreases in annual and one-time costs for New Sheriff
Substation
$52,815
Proposed Annual Rents ranged from $94,637 to $190,384; Average is $145,000.
Proposed Moving and Tennant Improvements from $40,000 to $240,000; Average is $240,000.
Increases in General Contract:
14% Proposed Increase for PERS Retirement Cost
/7
911 Access Fee
. $111,000 Medical/Police
Dispatch Cost
. Fee not a Tax
. Assessed per phone line - $1.80
per line per month
. Adopted in several Counties
and Cities
. Results in $451,000 this fear
and $686,000 thereafter
. November Initiative in process
/8
Cupertino Festivals
Financial Statements
FY 03/04 Moon Iranian Art & Cherry Rotary Lunar New
Festival Cultural Wine Blossom Oktoberfest Year
Revenues:
Sponsorships $16,050 $45,825 $37,430
Donations 9,510 2,400 17,300 2,765
Booth Rentals 42,250 4,300 45,628 22,720 11,585
Booth Sales 9,136
DrawingsfRaffles 13,006
Food/DrinklLiquor Sales 3,621 1,090 6,088 7,350 45,498
Investment Income 98
MiscelIaneous 300 270 2,692 677
Total Revenue $71,829 $5,660 $100,232 $32,470 $97,202 $40,195
Expenses:
Event Organizer Fees $0 $3,000
Advertising -- -. 11,666 11,172 13,492 9,836
Entertainment 2,257 720 3,850 5,250 5,850 8,549
Food/DrinkslLiquor Products -- 677 6,319 2,550 20,685 2,710
Equipment Rental 8,611 300 7,850 2,800 839
Booth Rental 8,113 1,700
Sanitation 1,659 852 832
Security 3,339 3,411 1,719
Festival Supplies 3,436 300 9,449 5,354 1,957
Decorations 2,000 1,415 469
Performing Artists 2,193 175
Permits 1,178 50 4,212 2,036
Returned Checks 900
Website 1,075
Dues & Subscriptions 258
Electrical 1,338
Postage 109
PrintinglReproduction 110 1,000 642 2,870 4,330
Staffing 1,150 10,070
Telephone 134
Miscellaneous Expense 130 600 14,662 8,700 7,290 6,914
Total Expenses 47,845 6,260 64,906 19,500 73,467 35,135
Net Income before Donations 23,984 -601 35,327 12,970 23,735 5,060
/1
Cupertino Festivals
Financial Statements
FY 03/04 Moon Iranian Art & Cherry Rotary Lunar New
Festival Cultural Wine Blossom Oktoberfest Year
Net Income before Donations 23,984 -601 35,327 12,970 23,735 5,060
Donations:
Toyokawa Student Exchange Program 12,970
Leadership Cupertino 2,350
Scouts 1,200
Interact Club 4,825
PTA 2,701
CEEF 500
Foothill-DeAnza Foundation 1,000
Rotary Club 1,000
Cupertino High Band 500
Chinese Historical & Cultural Project 1,000
Monta Vista HS 200
Lunar Unity Parade 250
Enlightenment Foundation 4,000
FUHSD Foundation 500
So Bay Historic Chinese Cemetery 800
Chinese Aids Village Project 7,189
Total Donations 16,939 0 2,350 12,970 8,726 0
Net Income to Organization 7,045 -601 32,977 0 15,009 5,060
Fee Waver Breakdown: (2002)
Quinlan CenterlMemorial Park 8,600 7,700 9,908 11,020 8,885 1,495
Senior Center 3,410 0 1,320 1,470 1,280 0
Other Costs (Porta Potties, Street Sweeping) 0 0 0 0 0 4,400
Public Works Staffing 3,000 0 3,000 3,000 3,000 2,400
Parks and Recreation Staffing 655 655 655 441 655 2,430
Sheriff Staffing 2,048 0 2,048 2,048 2,048 3,218
Total City Cost 17,713 8,355 16,931 17,979 15,868 13,943
Direct Cost ;JA;"'1oJ 5,703 655 5,703 5,489 5,703 12,448
Indirect Cost -Jf'.If"'. 09.Q 12,010 7,700 11,228 12,490 10,165 1,495
Total 9"..., k14 17,713 8,355 16,931 17,979 15,868 13,943
.:ø
-~~ --~-----'---Õf--40;ÕÕÕ ..-..-..40,000
~16,"i¡751~~~111;1ÖÖ -~127;675
~
CAROL ATWOOD
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3354
FAX: (408) 777-3333
CIT F
CUPEIU1NO
DEPARTMENT OF PUBLIC WORKS
Summary
AGENDA ITEM
It.
AGENDA DATE
Mav 24. 2004
SUBJECT
Report on Weekly Single-Stream Recycling - Council Workshop FY 2003-2004 Budget
BACKGROUND
As the Council has expressed interest in considering increasing the current recycling program
service to a single-stream, weekly pickup program, this report on the subject is for the Council's
information and consideration as part of the FY 2004-2005 Budget discussions. Until recently,
single-stream recycling was not possible because of the lack of capacity at the existing single-
stream processing facility in San Jose. However, Browning Ferris Industries (BFI), which is also
known as IDC, has advised Los Altos Garbage Company (LAGCO) that single-stream sorting
capacity is now available at its Newby Island landfill facility. With that in mind, staff has
researched with LAGCO two alternatives for weekly single-stream recycling for the Council's
consideration.
Following is a summary of available resources from the Resource Recovery Fund to finance
either of these proposals (numbers are estimates):
Estimated End of Year Balance
$ 6,300,000*
Reserve set-aside for Unknown
Environmental issues/impacts
(1,500,000)
Set-aside for Cleanup reimbursement
To the General Fund
(2,000,000)
Reserve for payment of Library FF&E
(700.000)
Estimated Uncommitted Balance
$ 2,100,000
* At this end of year balance level, the fund grows at an annual rate of approximately $500,000
so there is some flexibility in financing programs over a period of years. However, it should be
noted that selection of either alternative to be funded completely from the reserves will bring the
Reserve fund to a very low level.
22-
Pánled on Recycled P,per
The two alternatives are described below:
Alternative No.1: Semi-Automated Service - Total Cost: $ 3,575,000
Currently, the 5 garbage and 2 yard-waste trucks serving Cupertino are semi-automated and able
to dump carts. LAGCO is proposing to replace the existing 1995 recycling trucks, which don't
have the ability to dump carts, with four, 2002-demonstraion trucks that are able to dump carts.
There is no extra cost to the City to trade out the vehicles. All services would then be semi-
automated and picked up using carts.
Advantages:
With semi-automated service, residents can use 64 gallon carts that can easily be rolled out to the
curb. The driver still must dismount the truck, but because we have curbside oil pickup and
would still need to collect large pieces of cardboard placed outside the cart, semi-automated
service offers more flexibility for collection ofthese two items.
The semi-automated service also provides a choice for townhouse developments, in case the 64
gallon carts are too large to store, 18 gallon bins can continue to be used.
The trucks are already available and the time for implementation is shorter, possibly six months,
than if new trucks were ordered. The program could be phased in by starting with distributing
carts for garbage and then converting to the weekly yard waste and weekly single-stream
recycling programs.
Disadvantages:
The only disadvantage might be a slightly slower collection time for each stop which would have
minimal effect on customers, although, LAGCO is not included a cost for additional time in their
proposal for semi-automated as compared to automated collection.
Costs:
Carts for garbage and recycling (including delivery)
Program costs over the life of the contract (5 yrs 10 mos.)'
Outreach
Contamination monitoring
Contingencies
$ 1,185,000
$ 2,070,000
$ 150,000
$ 50,000
$ 120.000
Total
$ 3,575,000
'Assuming Start of service Jan 2005
If this alternative is funded entirely from reserves there would be no rate increase to customers.
2$
Alternative No.2: Automated Service -Cost: $ 4,025,000
Automated service, which allows the driver to stay in the truck in most cases and uses an
automated arm to empty the cart, would require the purchase of 11 new trucks, as none of the
current trucks are fully automated, As with the semi-automated service, garbage and recycling
would be picked up in carts,
Advantages:
Drivers do not need to dismount the vehicle in every case, which does not affect the customer or
the service
Disadvantages:
It may take up to a year to order and deliver new trucks, longer than it would take to implement
semi-automated service, and automated service is more costly than semi-automated service. It
appears the advantages of having the driver stay in the truck over dismounting, and a faster
collection time is not more advantageous to the City and makes very little difference, if any, to
the customer. Any advantage would be for the driver, as LAGCO is not adding more costs
associated with the route of the semi-automated proposal over the automated proposal.
Costs:
Carts for garbage and recycling(including delivery)
Program costs over 6 years
Outreach
Contamination monitoring
Contingencies
$ 1,185,000
$ 2,520,000
$ 150,000
$ 50,000
$ 120.000
Total
$ 4,025,000
As noted above, this report is for the Council's information and consideration as part of the FY
2004-2005 Budget discussions and approvals.
Submitted by:
Approved for submission
~'-' tJ U. if
Ralph A. Qualls, Jr.
Director of Public Works
RL
David W. Knapp
City Manager
2~
5 YearCIP
. Marv Avenue Bicvcle
Footbridge
. Safe Routes to School
. TraDic Signal Upgrades
. Blue Pheasant Re-Roof
. Pavement Management
. Tennis Court Resurfacing
2f?
Fiscal Year 2004-2005
. Questions from the 6-24-04
Budget Studt Session
-"SEE. "5--rA-rF RE-PCR:C IN 'PAL.KeT
I~b --
u
Fiscal Year 2004-2005
. Public Comments
1..1
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EXHIBIT
t./1/o1
EXHIBIT
~ Cope"ioo "oioo Sohool Oi",i"
1 0301 Vista Drive. Cupertino, Caiitornia 95014-2091
.11/0#
Jil,
Superintendent
Board of Education
William E. Bragg, Ph.D.
Pearl Cheng
Ben Liao
Josephine Lucey
Gary McCue
George Tyson
(408) 252-3000
. Fax (408) 255-4450
May 25, 2004
The Honorable Sandra James
Mayor of Cupertino
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
Dear Mayor James:
1 am writing to you and other members of your city council in support of the Cherry Blossom
Festival that is held each spring at Memorial Park. The festival provides financial support for
our sister city activities with Toyokawa City, Japan, and it also provides an opportunity to
showcase many aspects of the Japanese culture. With the culturally diverse population in
Cupertino, I believe it is imperative that we take advantage of every opportunity to make our
community aware of the cultural similarities and differences that are represented here.
One of the activities that receives financial support from the Cherry Blossom Festival is the
student exchange program with Toyokawa City, Japan. Ten students from Cupertino Union
School District middle schools travel to Japan each summer to live in the homes of Japanese
families, visit a Japanese middle school, spend time in the government offices in Toyokawa, and
learn about political and social life in Japan. This has been an invaluable experience for the
students as they experience life in a culture very different from ours yet sharing many of the
same values.
Each summer one or two employees of the Cupertino Union School District accompany the
students as chaperones. The chaperones return with a new respect for the diversity in our
community, and are better able to understand the challenges that our immigrant families face
when they come to our city and enroll in our schools.
I hope the City of Cupertino will continue to support the Cherry Blossom Festival so our sister
city relationship with Toyokawa can continue.
Sill,=ly, , Jd ?ß
~~
Assistant Superintendent
cn
EQUAL OPPORTUNITY EMPLOYER
Cupertino Chamber of Commerce
Your Partner in Silicon Valley
June 7, 2004
EXHIBIT
Mayor Sandra James
and Cupertino City Council Members
Cily of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
c.c.-!1.t-7-D'"1
tt I~
Re:
OPPOSE - Proposed Ordinance No. 1937
Emergency Communication Response Fee
Dear Mayor James and Cily Council Members,
The Cupertino Chamber of Commerce strongly opposes the proposed Emergency Communication
Response Fee. An E911 ordinance would have a financial impaci for all sizes of businesses at a lime
when businesses are still trying 10 recover from serious economic hardships. Cupertino businesses are
already paying the subslantial share of the utilities users tax with no cap. Mandaled taxes and fees from
local and slate government levels make for a more expensive cosl of doing business and are damaging 10
a healihy business environment.
The passage of this E911 ordinance would set a bad public policy precedent that gives no assurances to
businesses or residents thai additional "fees" will not be imposed when City coffers are raided in further
budget "take-a ways" by county and state governmenl actions.
We oppose the fee because:
(a)
The Emergency Communication Response Fee is not a fee, because a fee is defined as a
charge for services or a privilege Ihal you intend to use. Taxes, as compared to fees, are
levied by a government for its support or for specific services. Charging for services based on
actual costs is simply a legal maneuver to permillhe Cily 10 pass through expenses 10 the
private sector wilhoul voler approval.
(b)
There is no improvement in emergency services provided; it is budgetary cosl shifting.
We urge your "no" vole on this matter. Thank you for your consideration.
cc:
Dave Knapp, City Manager, City of Cupertino
Carol Atwood, Direclor of Administration, City of Cupertino
www.cupertino-chambewrg . Info@cupertino-chambewrg
20455 Silverado Avenue' Cupertino. CA 95014 . (408) 252-7054 . FAX 1408) 252-0638
CYRUS kourosh
EXHIBIT
oral
(,(1fo~
Page I of I
Cyrus the Great
in Sydney, Auotralia
This is a replica of a Bas-Relicf found in Pasargade, the capital
eity of Persia founded by Cyrus It depicts Cyrus the Great ( 580-
529 BC).
Cyrus was the first Achacmenian Emperor of PersIa, who issued a
decree on his aims and policies, later hailed as his charter of the
rights of nations. Inscribed on a clay cylinder, this is known to be
thc fITSt declaration of Human Rights, and is now kept at thc
British Museum. A replica of this is also at the United Nations ill
New York
The Bas-relief shown here by Lewis Batros, a Sydney Artist, was
put up at Sydney's Bicentennial Park, October 1994, through the
eft{Jlis of the AostraJian Iranian community wÜh donations from
all over the world and contributions from the NSW Local
Government.
It symbolrzes Multiculturalism, a word coined to express the
coexistence and peaceful cohabitation of peoples from different
background and culture in one land. A doctrine whieh is the
I()undation of advanced societies especially in Au'iraha and the
USA and which was also Cyrus's Claim to fame.
At a time when Iran bashing was the rule and the norm, this gesture by the New Soutb Wales Government was seen as a
welcoming sign by the Iranian community and the event has since been armually remembered during the Mehregan
Festival in Scptembc'r
Please \'is!t the other pages in this site for a more detailed account. Make a bookmark to come back, and thank you so
much for visiting, I hope that your expcnencc has been a good one.
"<'Inn,ht' "'97-19"'. "IIRigh",~",c"
F..."ltn to, '°'" ",......",t,
http://www.oznet.net!cyrus/cyrus.htm
6/7/2004
First charter of human rights
Cyrus the Great (reigning king of the Persian
Empire) entered Babylon in 539 BC. On the day of
coronation Cyrus read his decree of freedom and
human rights, which is, currently, kept in the
British Museum in London. Among his goals,
entering Babylon, was to free the Jews from
slavery.
Following is an excerpt from this charter.
"Now that I put the crown of kingdom of Iran,
Babylon, and the nations of the four directions on
the head with the help of Ahura Mazda l, I
announce that I will respect the traditions, customs
and religions of the nations of my empire and
never let any of my governors look down or insult
them until I am alive. From now on, until Ahura
Mazda grants me the kingdom favor, I will impose
my monarchy on no nation. Each is free to accept
it, and if anyone of them rejects it, I never resolve
on war to reign. Until I am king of Iran, Babylon
and the four directions, I will never let anyone
oppress any others, and I will take his or her right
back and penalize the oppressor.
And until I am the monarch, I will never let
anyone take possession of movable and landed
properties of the others by force or without
compensation. Until I am alive I prevent unpaid,
forced labor. Today, I announce that everyone is
free to choose a religion. People are free to live in
all regions and take up a job provided that they
never violate other's rights.
No one could be penalized for his or her
relative's faults. I prevent slavery and my
governors and subordinates are obliged to prevent
exchanging men and women as slaves within their
own ruling domains. Such a tradition should be
exterminated the world over.
I implore to Ahura Mazda to make me succeed
in fulfilling my obligations to the nations of Iran,
Babylon and the ones of the four directions."
Notes:
1) Ahura Mazda: The wise creator of universe and life
(God), the first monotheistic God that Zarathushtra
(Zoroaster) preached to the world. History dates
Zarathushtra back to a range of 2000-6000 B.C,
EXHIBITS
END
HERE