The URL can be used to link to this page

CC 09-07-04 F CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, Conference Room A Tuesday, September 7, 2004 6:15 p.m. CITY COUNCIL MEETING ROLL CALL INTERVIEWS - 6:15 p.m. in Conference Room A 1. Conduct Teen Commission interviews for Hyde Junior High School and Homestead High School. 2. Provide direction to staff regarding filling any remaining vacancies. (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. in the Council Chambers ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 3. Dr. Martha Kanter, Chancellor of the Foothill-De Anza Community College District, introduces Dr. Brian Murphy as the new president of De Anza College. (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. Cupertino City Council Cupertino Redevelopment Agency September 7, 2004 Page 2 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. 5. 6. 7. 8. 9. 10. 11. Approve the minutes from the August 16 and 17 City Council meetings. Adopt resolutions accepting Accounts Payable for August 13, 20, and 27 Resolution Nos. 04-387 to 04-389. Adopt resolutions accepting Payroll for August 13 and 27, Resolution Nos. 04-390 and 04-391. Accept the Treasurer's Budget Report for July 2004. Approve an application for an Alcoholic Beverage License, Rio Adobe, 10525 S. De Anza Blvd., Ste. 100. Public nuisance: a) Adopt a resolution setting a public hearing date of October 4 to consider abating a public nuisance (excessive un-containerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk) at 20091 La Roda Court, APN 369-34-030, James and Colleen P. James property owners, Resolution 04-392 b) Adopt a resolution setting a public hearing date of October 4 to consider abating a public nuisance (excessive un-containerized garbage, furniture, tools, lumber, recyclables and appliances in view of the public right of way) at 10240 Johnson Avenue, APN 375-25-062, Mike and Julie Jacobson property owners, Resolution 04-393 Receive the Annual Report. Approve Improvement agreements: a) Adopt a resolution approving an Improvement agreement for AKVW Investments, LLC, a California Limited Liability Company, 10141 Lebanon Drive, APN 342-14-005, Resolution No. 04-394 b) Adopt a resolution approving an Improvement agreement for Jae-Hak Ko and Hye-Ryeong Kim, Husband and Wife as Joint Tenants, 10040 Carmen Road, APN 326-50-055, Resolution No. 04-395 Cupertino City Council Cupertino Redevelopment Agency September 7, 2004 12. 13. 14. Page 3 c) Adopt a resolution approving an Improvement agreement for Philip Chen, a married man, as his sole and separate property, 22260 Cupertino Road, APN 326- 50-031, Resolution No. 04-396 Approve Grants of Easement: a) Adopt a resolution approving a Grant of Easement, roadway, for Jae-Hak Ko and Hye-Ryeong Kim, Husband and Wife as Joint Tenants, 10040 Carmen Road, APN 326-50-055, Resolution No. 04-397 b) Adopt a resolution approving a Grant of Easement, roadway, for Philip Chen, a married man, as his sole and separate property, 22260 Cupertino Road, APN 326- 50-031, Resolution No. 04-398 . Adopt a resolution approving a Grant of Fire Service Easement to San Jose Water Co., library site, Resolution No. 04-399 Accept municipal improvements for Chiping Yang & Bee Choo Yang, 1508 10660 Santa Lucia Road, APN 342-16-034. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 15. Consider an appeal of a Planning Commission denial of Application No. U-2004-08, Sandra Steele/ The Alaris Group, 940 S. Stelling Road, APN: 359-25-041, for a use permit to locate Sprint Wireless Communication antennas and equipment within an existing cross tower at Redeemer Lutheran Church and to extend the height of the cross tower to 55 feet. PLANNING APPLICATIONS UNFINISHED BUSINESS 16. Discuss the Cupertino Historical Society's (CHS) proposal to convert the Stocklmeir residence into an office and exhibit space for the Society. NEW BUSINESS 17. 18. Adopt a resolution approving a rural designation to eliminate the requirement for sidewalks, curbs and gutters, and streetlights for Ricardo Road pursuant to Ordinance No. 1925, Resolution No. 04-400. Review the bids and award the contract for the Safe Routes to School Cycle 3, Project No. 2004-9544, to Joseph J. Albanese, Inc., in the amount of $185,463.90, and approve a Cupertino City Council Cupertino Redevelopment Agency September 7,2004 20. 21. 22. 23. Page 4 construction contingency in the amount of up to $30,000.00, for additional work that may be determined necessary by the Director of Public Works, for a total of$215,463.90. 19. Renew the Law Enforcement Contract with Santa Clara County for the 10-year period, 2004/05 - 2014/15. Adopt the Cali Mill Plaza Special Events Policy. Adopt a resolution supporting Proposition lA, a constitutional provision to ensure that local tax funds remain with local government, Resolution No. 04-401. Conduct the first reading of Ordinance No. 1944: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.08 of the Cupertino Municipal Code, Relating to Excavations, Grading and Retaining Walls, and Adding Winter Grading Provisions." Conduct the first reading of Ordinance No. 1945: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed Abatement." ORDINANCES 24. 25. 26. Conduct the second reading of Ordinance No. 1941: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to Change the City Council Regular Meeting Dates to the First and Third Tuesdays of Each Month." Conduct the second reading of Ordinance No. 1942: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.32.050 (A) of the Cupertino Municipal Code to Change the City Planning Commission Regular Meeting Dates to the Second and Fourth Tuesdays of Each Month." Conduct the second reading of Ordinance No. 1943: "An Ordinance of the City Council of the City of Cupertino Amending Section 13.04.130 of the Cupertino Municipal Code Regulating Skating and Rollerblading in City Parks." STAFF REPORTS 27. Receive a report from Bicycle Pedestrian Commissioner Joe Walton regarding Regnart Creek. (No documentation in packet). COUNCIL REPORTS September 7,2004 Cupertino City Council Cupertino Redevelopment Agency Page 5 CLOSED SESSION 28. Initiating litigation - Government Code Section 54956.9(c), regarding initiating litigation against Ole Rasmussen and the Blue Pheasant Restaurant. (No documentation in packet). ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. can be duplicated and distributed as supporting information to the pertinent agenda item. The city council discourages the submission of any printed material during the course of the meeting as this does not provide the time necessary to give it fair evaluation. If materials are presented at the meeting, at least one copy must be given to the city clerk for the permanent record. It is preferable to provide seven copies, for the City Council, City Manager, and City Clerk. A complete packet of backup infonnation for each council meeting is available at the Cupertino Library, near the entrance to the council chambers, and online at www.cupertino.org (click Agendas & Minutes) ORDINANCES Ordinances are the means by which the city enacts its local laws. Unless an urgent situation exists, ordinances must first be presented at one meeting as a "first reading;" then at a subsequent meeting, there must be a "second reading and adoption." Following a waiting period of thirty (30) days in most cases, during which time ordinances are published in a local newspaper approved for this purpose, ordinances go into effect. RESOLUTIONS Resolutions and minute orders are the means by which the city council formally adopts policies or approves the taking of specific actions. These are effective when adopted. APPEALS Appeals to the city council trom decisions of advisory boards and commissions must be submitted in writing to the city clerk, within fourteen (\4) days of the action. RECONSIDERATION Any interested person, including the applicant, prior to seeking a judicial review of the city council's decision on a matter, must first file a petition for reconsideration with the city clerk within ten (10) days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. REDEVELOPMENT AGENCY The City Council also serves as Cupertino's Redevelopment Agency. Their meetings immediately follow each City Council meeting. TELEVISED MEETINGS City council meetings are televised on Comcast Cable, Cupertino Channel 26 and broadcast schedule is: Monday.............. (live) ............... 6:45 p.m. Tuesday.............. (replay) ........... 6:45 p.m. Thursday............ (replay) ........... 6:45 p.m. Meetings can also be viewed at any time online, www.cupertino.org (click Watch Meetings). Dates and times are subject to change. Please commn meeting schedule with the city clerk's office, 777-3223. Copies of the City Channel program schedule are available on the City's website. AGENDAS, MINUTES AND PACKETS ON THE WEB Agendas, minutes, and packets for current and prior City Council and Plauning Commission meetings are available at www.cupertino.org (click Agendas & Minutes). CUPERTINO SCENE The Cupertino Scene is a newsletter covering various city programs and services. It is mailed monthly to each residence in Cupertino (No issue is published in August). 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. IMPORTANT SERVICES AGENCY TELEPHONE General Information........... ...City of Cupertino........................ 777-CITY Fire (Emergency) .................... S. C. Co. Fire Department. .........................911 Garbage ................................... Los Altos Garbage Company............ 725-4020 Parks & Recreation.................. Quinlan Community Center .............. 777-3120 Police (Emergency) ................. S. C. Co. Sheriff ......................................... 911 Sanitary Sewers ....................... Cupertino Sanitary District................253-7071 Water ....................................... San Jose Water ..................................279-7900 California Water .........................650-917-0152 c CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, August 16,2004 PLEDGE OF ALLEGIANCE At 6:45 p.m. Vice-Mayor Patrick Kwok called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James (arrived at 7:37 p.m.), Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval, and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. Vice-Mayor Kwok re-ordered the agenda to take up postponements first. POSTPONEMENTS City Architect Terry Green recommended that Council table Item 16 because it is no longer applicable. He explained that the Cal- Trans requirements that were initially used as a basis for starting this process have been relaxed and the City can re-initiate the proposal at a later date when there is a qualified project. Sandoval/Lowenthal moved and seconded to withdraw item number 16. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith noted the following written communications: 1) A chart regarding reconstruction of sidewalks, curbs, and gutters for item number 10; 2) An email from Mavis Smith offering assistance regarding the Whispering Creek Stables for item number 26; 3) Three letters from the attorney representing the Blue Pheasant Restaurant asking that their petition for reconsideration be withdrawn for item number 33. 4-/ August 16,2004 Cupertino City Council Page 2 ORAL COMMUNICATIONS - None CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation by Sally Lieber, Assistant Speaker Pro Tempore of the California State Assembly, honoring Pearl Cheng as the Assembly District 22 Woman of the Year. (No documentation in packet). Lieber presented a proclamation from the California State Assembly to Pearl Cheng as Woman of the Year, and acknowledged Cheng's involvement in many community causes, particularly her involvement in organizations that represent multi-racial and multi-cultural families. Cheng thanked everyone, and said that she and her family were proud to be residents of Cupertino. She gave details about her background and how she became involved in community service. Vice-Mayor Kwok presented Cheng with a commendation from the Santa Clara County Board of Supervisors on receiving her Woman of the Year award. Council members offered their congratulations. At 7:07 p.m. Council recessed for a reception for Pearl Cheng, and reconvened at 7:15 p.m. CONSENT CALENDAR Sandoval/Wang moved and seconded to approve the items on the Consent Calendar as recommended with the exception of item numbers 2 and 12, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent:.James. 3. Adopt resolutions accepting Accounts Payable for July 16, 23, 30, and August 6, Resolution Nos. 04-371 through 04-374. 4. Adopt a resolution accepting Payroll for July 30, Resolution No. 04-375. 5. Accept the Treasurer's Budget Report for June 2004. 6. Rescind Resolution No. 02-132 and adopt a resolution adopting the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees, Resolution 04-376. 7. Approve applications for Alcoholic Beverage Licenses: a) Royal Tofu House, 21271 Stevens Creek Blvd. b) Elephant Bar Restaurant, 19780 Stevens Creek Blvd. L{-~ Cupert;no C;ty Counc;¡ Page ~ August 16, 2004 11. 13. 8. Improvement Agreements: a) Adopt a resolution approving an Improvement Agreement for William A. Hurt, a married man, as his sole and separate property, 21740 Alcazar Avenue, APN 357- 19-011, Resolution No. 04-377 b) Adopt a resolution approving an Improvement Agreement for Evershine VI, L. P., a California Limited Partnership, APN 369-06-009, Resolution No. 04-378 c) Adopt a resolution approving an Improvement Agreement for Philip Liu & Pai-Ju Ho, 10222 Byrne Avenue, APN 357-15-079, Resolution No. 04-379 9. Grant of Easements: a) Adopt a resolution approving a Grant of Easement, roadway, William A. Hurt, a married man, as his sole and separate property, 21740 Alcazar Avenue, APN 357- 19-011, Resolution No. 04-380 b) Adopt a resolution approving a Grant of Easement, roadway, Philip Liu & Pai-Ju Ho, 10222 Byrne Avenue, APN 357-15-079, Resolution No. 04-381 10. Accept City projects performed under contract for Reconstruction of Curbs, Gutter and Sidewalks, Project 2003-01 (JJR Construction, Inc.). (No documentation in packet). Acknowledge a fee waiver for the 2004 Chamber of Commerce's Art and Wine Festival that was held June 26 and 27, 2004. Approve the donor recognition plaques for artwork donated by Dick and Carolyn Randall. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approve the minutes from the July 6, 19, and August 9 City Council meetings. Wang corrected the second to last paragraph on page 3 of the July 6 minutes to reflect that Vice-Mayor Kwok was absent. Lowenthal made comments regarding item number 15 of the July 19 minutes. He suggested that Council hold a public meeting regarding noticing policies, to increase noticing for General Plan Amendments in particular. Lowenthal/Wang moved and seconded to approve item number 2 as amended. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. 4-3 August 16, 2004 Cupertino City Council Page 4 12. Accept report regarding the selection of Wells Fargo Bank as the City's provider of Banking Services, and authorize the City Manager to execute the contract. Councilmember Lowenthal recused himself from voting on this item due to a conflict of interest. Administrative Services Director Carol Atwood reviewed the staff report. Sandoval/Wang moved and seconded to approve this item. Vote: Ayes: Kwok, Sandoval, and Wang. Noes: None. Absent: James. Abstentions: Lowenthal. Vice-Mayor Kwok re-ordered the agenda to take up item number 17 next. Councilmember Lowenthal was present. At 7:27 p.m. PLANNING APPLICATIONS 17. Applications TM-2004-09 and EA-2004-12, Art Dave, 11081 S. Stelling Road, APN 362- 18-003: a) Grant a Negative Declaration b) Approve a tentative map to subdivide a 1.25-acre parcel into five parcels ranging fiom approximately 7,200 to 9,273 square feet in an RI-6 zoning district Community Development Director Steve Piasecki reviewed the staff report. Applicant Art Dave said that so far they have met all the requirements of the project and have a plan in place to preserve most of the trees. He said that several informal meetings with the neighbors have taken place and they have been happy with the proposed development. He expressed a concern about the public works condition of a dedication of 25 feet from the front of the property. He said he had originally proposed to dedicate enough to make the sidewalk contiguous to the existing sidewalk and no more than that. He said he would like the strip of land in front to be the responsibility of the homeowner rather than the City so that the homeowner would keep up the maintenance. Piasecki responded that the City could put down in writing that the property owner would be responsible for maintaining the area behind the sidewalk, but he said he thought it was not an issue and that they should just follow the conventional dedication requirements. LowenthallWang moved and seconded to grant a mitigated negative declaration. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. Sandoval said that for the record she would like to take a look at the extra 5 feet of dedication if it becomes a problem for future projects. L{-L( August 16, 2004 Cupertino City Council Page 5 LowenthallWang moved and seconded to approve the tentative map. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. At 7:37 p.m. Mayor James was present. PUBLIC HEARINGS 14. Consider approving Application No.(s) ASA-2004-07; Ren Bates 1 Carducci Associates; Town Center Lane; APN(s) 369-40-002, 369-40-016, and 369-40-017. (This item was continued from July 19): a) Architectural and site approval for an approved park space as part of the Civic Park development Community Development Director Steve Piasecki reviewed the staff report. Applicant Ren Bates highlighted the project details and amenities including benches, fountains, trash recycling receptacles, bike racks, pedestrian lights, outlets, and their plans to re-locate the existing oak trees. He explained the change to the fountain and distributed a handout showing the change and all the amenities. Kwok/Sandoval moved and seconded to approve the application. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 15. Consider denying Application No.(s) M-2004-03, TM-2004-04, EA-2004-06; Deke Hunter; 10430 S. De Anza Blvd., APN 369-40-002. (This item was continued from July 19): a) A modification to allow the conversion of an existing two-story office building into office condominiums b) A tentative map application to create 20 office condominiums in an existing office building on Lot 5 (Civic Park development) Community Development Director Steve Piasecki reviewed the staff report and explained that staff had asked the applicant to incorporate both architectural upgrades as well as site plan upgrades to better integrate the building into those around it. He said that the Planning Commission recommended denial because the current enhancements weren't incorporated into the plans when they reviewed them. Piasecki said that staff is now satisfied with the revision, but Council has the option to uphold the Planning Commission denial or to approve the project. He also recommended that The Council add a condition that the building must comply with the requirements of the Americans with Disabilities Act (ADA). C{-s August 16, 2004 Cupertino City Council Page 6 Applicant Ed Storm representing Hunter Storm Developers agreed that they would make the building ADA accessible. He said that it is their intention to sell to the current tenants, however it is for office use in general and not limited to physicians. Lowenthal/Kwok moved and seconded to approve the Negative Declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to approve the tentative map based on the conditions in the staff report and adding the requirement that the building meet ADA requirements for accessibility. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Kwok moved and seconded to approve the modification application based on the conditions in the staff report and adding the requirement that the building meet ADA requirements for accessibility. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 16. Consider adopting a resolution establishing an annual Disadvantaged Business Enterprises Goal of9.9%. (Staff requests this item be continued to September 7). Under "Postponements", City Architect Terry Green recommended that Council table Item 16 because it is no longer applicable. He explained that the Cal-Trans requirements that were initially used as a basis for starting this process have been relaxed and the City can re-initiate the proposal at a later date when there is a qualified project. SandovaVLowenthal moved and seconded to withdraw item number 16. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: James. UNFINISHED BUSINESS 18. Adopt a City Fee Policy including criteria under which the City Manager can make adjustments to Park and Recreation fees. Administrative Services Director Carol Atwood reviewed the staff report and explained that Council adopted Resolution No. 04-350 at an earlier meeting with a caveat that staff would come back with an overall fee policy that would include: 1) Fee increases be consistent with Council's annual goals and objectives; 2) The policy reflects the Council policy that non-residents pay more than non-residents; 3) Fees won't be adjusted mid- season; 4) Staff notifies Council in a timely basis of any changes. Sandoval said she thought it would be a good idea to look at the fees quarterly for the first few quarters to see how the City is doing. Lowenthal said he would like to receive copies of feedback staff receives from residents regarding fees. L{-~ August 16,2004 Cupertino City Council Page 7 Kwok/Lowenthal moved and seconded to adopt the City Fee Policy and directed the City Manager to forward to the Council any public feedback regarding the fees. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. NEW BUSINESS 19. Consider a donation of a commissioned sculpture of Cyrus the Great. City Clerk Kimberly Smith reviewed the staff report, and the Council members discussed whether to accept the gift or require that a policy be in place first. James and Wang felt that a policy should be in place before any artwork was accepted. James and Sandoval were also interested in the idea of a sculpture garden, possibly at Memorial Park. Lowenthal wished to accept this gift, and continue to accept art gifts on a case-by-case basis, because it would leave the decision up to Council's discretion rather than being driven by a policy. Kwok was in favor of a policy, but was also in support of accepting this donation and referring it to the Fine Arts Commission to work out the details. Fariba Nejat, representing the potential donors, talked about the artwork and said that it is being donated to show appreciation to the City of Cupertino and to show Iranian history. She said she doesn't see any controversy in accepting the artwork. Sandoval said she was inclined to accept the offer and future offers on a case-by-case basis. She said that a policy for public art would be difficult to write or so vague and open-ended that it wouldn't really help to make decisions. Sandoval suggested that the donation include a plaque explaining the history and rationale behind the sculpture Lowenthal/Sandoval moved and seconded to accept the statue and have the Fine Arts Commission prepare a policy recommendation regarding future art donations. Sandoval added a friendly amendment to have the Fine Arts Commission hold a public hearing for input on suggestions for placement. Lowenthal accepted the amendment. Kilian said there are good arguments for accepting art on a case-by-case basis because Council would have the maximum flexibility, wouldn't discourage any group of artists, and would encourage innovation. But, on the other hand, if there is a policy in place, Council has both the political and legal cover of the policy if a particular piece of art comes along that it doesn't want to accept. He said it's a difference between flexibility and taking risks versus protecting future decisions. The vote was as follows to have the Fine Arts Commission prepare a policy recommendation regarding future art donations and hold a public hearing to get suggestions for placement. Vote: Ayes: Kwok, Lowenthal, Sandoval, and Wang. Noes: James. Absent: None. L{-T August 16, 200.4 Cupertino City Council Page 9 20. Civic Center / Library Project: a) Recommendation to Allocate $175,000 from the End of Project (EOP) contingency to the available project budget to fund the 2nd (Final) Amendment to the agreement with NOVA Partners in the amount of $75,000 and to augment the construction contingency in the amount of $100,000 City Architect Terry Greene reviewed the staffreport. Lowenthal/Kwok moved and seconded to approve the allocation. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Absent: None. b) Adopt a resolution authorizing the City Manager to negotiate and execute the Second Amendment to the agreement with Nova Partners, in an amount not to exceed $75,000, for additional construction management services on the Library and Civic Center Project for a total agreement amount of $1,225,000, Resolution No. 04-382 Greene reviewed the staff report. Kwok/Lowenthal moved and seconded to adopt the resolution. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Absent: None. c) Approve the relocation of the Cupertino Morion sculpture to the Southeast Corner of Torre and Rodrigues Avenues Greene reviewed the staff report. Sandoval/Kwok moved and seconded to approve the relocation of the Morion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: Absent: None. 21. Request by the Library Fundraising Campaign to approve the revised list of sponsorship opportunities, the sponsorship plaques, and the Library Donor Wall conceptual design for the Library 1 Civic Center Project. City Architect Terry Greene reviewed the staff report. Nicol Lea, representing the Fundraising Campaign Committee, said that she and Jean Gallup are present to answer any questions. She talked more about the plaques and design. Kwok/Lowenthal moved and seconded to approve the item and, because of the approaching deadlines, to have the individual Council members be shown mock-ups of the plaques in actual size, and with appropriate acknowledgement ofthe community's Lf-D August 16,2004 Cupertino City Council Page 9 contribution. The Council members will notify staff if the plaques were unacceptable in any way. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 22. Adopt a resolution establishing policies and procedures for installing donor artifacts in City facilities, Resolution No. 04-383. City Architect Terry Greene reviewed the staff report. LowenthallKwok moved and seconded to adopt Resolution No. 04-383. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 23. Approve the proposed memoriam statements, and authorize additional artifacts with similar text, to be installed in the English Garden of Cali Mill Plaza. City Architect Terry Greene reviewed the staff report. Eleanor Watanabe from the Cupertino Education Endowment Foundation (CEEF) said that there would be spaces for 24 bricks from major donors would be installed in a pattern, and the remaining 125 bricks would be installed in a random or alphabetical order. SandovallKwok moved and seconded to approve the proposed memoriam and statements, and to authorize additional artifacts with similar text, to be installed in the English garden of Cali Mill Plaza up to a maximum of 650 bricks as shown on Attachment A of the staff report. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 24. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks, curbs, gutters, and streetlights on Felton Way and Blossom Lane pursuant to Ordinance No. 1925, Resolution No. 04-384. City Manager David Knapp reviewed the staff report. Lowenthal said that he would like to always have corner properties be semi-rural if they are a transition corner in the future. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 04-384 with a requirement for continuous sidewalks on the northern edge of parcels on Felton Way (20592 and 10514), and 2 parcels on the southern edge of Felton Way (10645 and 10648). Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. L( -1 Cupertino City Council August 16,2004 25. 26. 27. 28. 29. Page 10 Adopt a resolution to make a minor revision to the City policy on responsible contracting, Resolution No. 04-385. City Manager David Knapp reviewed the staff report. Kwok/Lowenthal moved and seconded to adopt Resolution No. 04-385. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Review citizen complaint about Whispering Creek Stables. The Council members received a copy of email from Mavis Smith stating that she considered the stables a responsibly managed asset to the community. Administrative Services Director Carol Atwood reviewed the staff report and said that the city's code enforcement officers have followed up on the complaint by Mr. Ali Yazdi each of the past four years and found that the odor was a reasonable expectation for property 100 feet from a horse pasture; no conditions were observed that would indicate neglect in cleaning up manure; no deviation is found in the maintenance of the pasture; and the stable has been in operation for 20-30 years and is a legal, non-conforming use. Council accepted the report. Adopt a First Amendment to Loan Agreement between the City and the Cupertino Community Services (CCS). Administrative Services Director Carol Atwood reviewed the staff report. Kwok/Sandoval moved and seconded to adopt a First Amendment to the Loan Agreement. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Designate a voting delegate and alternate for the League of California Cities Annual Conference on Friday, September 17 through Sunday, September 19. The Council members concurred to designate Councilmember Wang as the delegate and Public Works Director Ralph Qualls as the alternate for the League Conference in September. Confirm Mayor James as the appointee and designate an alternate to the newly formed Santa Clara County Cities Association (SCCCA) standing Joint Economic Development Policy Committee. (No documentation in packet). Council confirmed Mayor James as Cupertino's representative and designated Councilmember Lowenthal as the alternate to the Joint Economic Development Policy Committee. L(-fD Cupertino City Council August 16,2004 30. 31. 32. 33. Page 11 Conduct the first reading of Ordinance No. 1941: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to Change the City Council Regular Meeting Dates to the First and Third Tuesdays of Each Month." The City Clerk read the title of the ordinance. LowenthallKwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. Conduct the first reading of Ordinance No. 1942: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.32.050 (A) ofthe Cupertino Municipal Code to Change the City Planning Commission Regular Meeting Dates to the Second and Fourth Tuesdays of Each Month." The City Clerk read the title of the ordinance. Lowenthal/Wang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. Conduct the first reading of Ordinance No. 1943: "An Ordinance of the City Council of the City of Cupertino Amending Section 13.04.130 of the Cupertino Municipal Code Regulating Skating and Rollerblading in City Parks." City Manager David Knapp reviewed the history of this ordinance and said that a committee of Council members Lowenthal and Sandoval met, in addition to a couple of Teen Commissioners, and a solution was made to put up a sign that says skating on raised surfaces is prohibited. The City Clerk read the title of the ordinance. Lowenthal/Sandoval moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. Adopt a resolution denying the Petition for Reconsideration of the assignment of the Blue Pheasant Lease to Giti Majdy and Kianoush Kakavand, dba San Jose Teamsters, Resolution No. 04-386. Parks and Recreation Director Therese Smith reviewed the staff report. The City Council members received copies of two letters from Blue Pheasant Attorney Paul Hogan, and one letter from the City Attorney to Paul Hogan. City Attorney Charles Kilian explained that the buyers of the business have decided to rescind their offer and Council's consent to an assignment is no longer necessary. He 4-11 August 16,2004 Cupertino City Council Page 12 suggested that Council still consider adopting the prepared resolution denying the assignment for purposes of possible litigation in the future regarding the current owners ofthe Blue Pheasant. Kwok/Sandoval moved and seconded to adopt Resolution No. 04-386. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: Lowenthal. Absent: None. City Attorney noted other correspondence on the dais and said he will ask for a closed session on this topic at the regular adjourned Council meeting tomorrow. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Lowenthal suggested a public study session regarding noticing requirements. Council concurred to hold a televised study session on Tuesday, August 31 at 4:00 p.m. in the Council Chambers. Council members highlighted the activities of their committees and various community events including the following: (1) A meeting with the Chamber of Commerce Legislative Action Council to talk about the Initiatives; (2) the ceremonial planting of 16 trees in the Civic Plaza area by the Cupertino Rotary in honor of Rotary International's 100th year and Cupertino Rotary's 50th year; (3) The Park Place Restaurant grand opening; (4) A meeting with a Councilmember from Saratoga regarding the sports field issue; (5) The Cali-Mill Plaza grand opening; (6) An update on the Policy Review ad hoc committee; (7) Kwok said he supported the Council actions regarding the De Anza Youth Soccer League (DYSL) item at the last meeting, which he was unable to attend; (8) The opening of the new location ofLe Boulanger at Cali-Mill Plaza; (9) The availability of tickets for the Cupertino Community Services BBQ on Saturday, which would honor the firefighters that responded to the 911 catastrophe; (10) Support for the League of California Cities Proposition lA and plans to help raise $14,000 for the approval campaign; (11) The upcoming fundraiser for the library and thanking the surrounding businesses for donating free food and drink. CLOSED SESSION - None ADJOURNMENT At 10:20 p.m. the meeting was adjourned to Tuesday, August 17 at 3:00 p.m. at the Blackberry Farm Conference Room, 21975 San Fernando Avenue, to determine the process for evaluating the City Attorney, and to hold ajoint study session to review a development proposal from Toll 4,-(:<. August 16,2004 Cupertino CIty Council Page 13 Brothers in the Val\co Park planning area for 565 residential units and approximately 50,000- 80,000 sq. ft. of retail space on 27 acres, and to conduct a closed session regarding the Blue Pheasant lease. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & 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(-{3 CUPERJINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjoumed Meeting Tuesday, August 17, 2004 ROLL CALL At 3:00 p.m. Mayor James called the meeting to order in the Blackberry Farm Retreat Center, 21975 San Fernando Avenue, Cupertino. 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, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CLOSED SESSION Sandoval/Lowenthal moved to add this item to the agenda for discussion, since there was an immediate need which had arisen after the agenda had been posted. The motion carried by the following vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Mayor James reordered the agenda to discuss item lA next. l.A. Initiating litigation - Government Code Section 54956.9(c). Discussion of Ole Rasmussen and the Blue Pheasant pursuant to Government Code Section 54954.2 (b)(2). At 3:00 p.m. Council recessed to a closed session on this topic. At 4:40 p.m. Council reconvened in open session. City Attorney Charles Kilian reported that the City Council had authorized initiation oflitigation against the defendant Blue Pheasant Restaurant. RECESS Council was in recess from 4:40 p.m. to 4:50 p.m. STUDY SESSION 1. Discuss the process for evaluating the City Attorney position. Sandoval said the draft evaluation form was a good starting point, and could be changed over time as necessary. She suggested that the process and timeline be the same as that of the city manager evaluation. '-{-(L{ August 17,2004 Cupertino City Council Page 2 Kwok suggested that goals and performance measure be identified. Wang said it would be good to have an evaluation form in place, especially so there is a way to indicate when the attorney performs beyond expectations. She asked if the attorney could provide written items of interest for his department the way the city manager did. Kilian said he would do that on a monthly or quarterly basis. Lowenthal said that both the city manager and city attorney section on efficiency should include reports comparing costs. He suggested obtaining the costs from five other cities that were comparable in terms of population and city employees, and those reports would be included under section 8 of future evaluations. Sandoval discussed adding a category on supervision, since the position supervises a deputy city attorney and a secretary. James suggested a section titled "Working Relationship with City Manager and City Council," and it should include both a written and verbal evaluation from the city manager. RECESS COIillcii was in recess from 4:15 p.m. to 4:30 p.m. 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. Planning Commission members present: Chairperson Taghi Saadati, Vice-Chair Gilbert Wong (4:35 p.m.), and Commissioners Angela Chen (4:44 p.m.) and Marty Miller. Planning Commissioners absent: Lisa Giefer. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Senior Planner Peter Gilli, and City Clerk Kimberly Smith. STUDY SESSION 2. Joint study session (City Council and Planning Commission) to review a development proposal from Toll Brothers in the Vallco Park planning area for 565 residential units and approximately 50,000-80,000 sq. ft. of retail space on 27 acres. Planning Director Steve Piasecki did a brief orientation and said that this is a development concept provided for early feedback from the Council members before the applicant submits formal documentation. He said that any residential development on ~-() August 17, 2004 Cupertino City Council Page J this site would trigger a General Plan amendment, and that consideration should be given to land use issues, such as activation of Stevens Creek Boulevard, viability of the commercial market square, and the feasibility of a commercial "big box" use; parks and open space, including common open space and a public park; and traffic, parking and circulation issues. Jim Meeks, Toll Brothers, reviewed a series of PowerPoint slides and explained their plans to create a useful park that would be a resource to the community as well as creating a commercial area that would become a destination retail shopping area. Dan Solomon, a consultant specializing in infill projects, explained that they propose 7 acres of housing and 17 acres of mixed-use, with retail uses concentrated in a compact way to activate Stevens Creek Boulevard, as well as relating to the "rose bowl" site and creating a new residential boulevard. Jack Sellman, Architects Orange, discussed various alternatives for the market square, which could include 50,000-70,000 square foot of retail, including two to three major high-end tenants, and some additional food and non-food uses. It would emphasize a strong street presence on Stevens Creek Boulevard and create many walkable connections, especially to Val1co. Dan Solomon discussed the proposed housing types, including two-fronted units that face both open space and street frontage, a townhouse over a flat on Stevens Creek Boulevard, and some denser, stacked units. Discussion followed regarding the pros and cons of placing a "big box" retailer in this location, and what physical changes would be necessary to the existing road to make that feasible. Meeks said that it would be better to do two medium-size stores of 25,000 square feet each. Randal Mackley, consultant, said that Cupertino has a number of issues, one of which is a lack of fine dining component. He said the proposed concept has a good chance of success and is very flexible, and has buildings of a size that are easy to fill if a tenant leaves. He said the community has tremendous wealth here, and the city should take advantage of that by providing more restaurants. Discussion followed regarding the appropriate amount of retail and parks, the pros and cons of "big box" retailers as opposed to more "mid-size" retailers; the importance of linking this development with others, and the feasibility of creating a "Santana-Row" feel and creating revenue-generating opportunities in what is Cupertino's last large undeveloped area. Jim Meeks summarized the comments made by the City Council and the Planning Commissioners, which included: Less residential; the location of parks is in question, and the applicant should build more than the minimum require parks; connectivity to other retail sites is important; applicant should work with other retailers; more retail is L(~h August 17,2004 Cupertino City Council Page 4 important, suggested range is 80,000 to 120,000 square feet; skate park is requested; appropriate density is 45 dwelling units per acre maximum; and three stories are acceptable, but there is resistance to four stories. ADJOURNMENT At 6:25 p.m., the meeting was adjoumed to Tuesday, September 7 at 4:30 in City Hall Conference Room A to conduct Teen Commission interviews for Hyde and Homestead, 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.org. Click on Agendas & Minutesl City CounciV Packets. q~/l DRAFT RESOLUTION NO. 04-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING AUGUST 13,2004 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: (l/iAø 0 a-fuJz¡~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of September, 2004, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino )-1 oa/12/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - OISBURSEMENT FUND SELECTION CRITERIA, transact-trang_date between "08/09/2004" and "08/13/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 609878 1020 1020 1020 609879 609879 609879 609879 609879 1020 1020 1020 1020 1020 1020 609879 609879 609879 609879 609879 1020 TOTAL CHECK 1020 609880 1020 609880 TOTAL CHECK 1020 609881 1020 609882 1020 609882 1020 609882 1020 609882 TOTAL CHECK 1020 609883 1020 609884 1020 609885 1020 609885 1020 609885 TOTAL CHECK 1020 609886 1020 609887 1020 609888 1020 1020 609889 609889 TOTAL CHECK 1020 609890 1020 1020 609891 609891 TOTAL CHECK 08/13/04 7 ISSUE OT --------------VENDOR------------- FUND/DEPT 1104540 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 9 08/13/04 2835 08/13/04 2835 08/13/04 2276 08/13/04 2298 08/13/04 2298 08/13/04 2298 08/13/04 2298 08/13/04 96 08/13/04 M2005 08/13/04 968 08/13/04 968 08/13/04 968 08/13/04 720 08/13/04 2036 OB/13/04 M OB/13/O4 2633 08/13/04 2633 08/13/04 124 OB/13/04 2232 08/13/04 2232 ABAG PLAN CORPORATION ABAG POWER PURCHASING PO 1108501 ABAG POWER PURCHASING PO 1108509 ABAG POWER PURCHASING PO 1108507 ABAG POWER PURCHASING PO 110B508 ABAG POWER PURCHASING PO 5708510 ABAG POWER PURCHASING PO 1108505 ABAG POWER PURCHASING PO 1108504 ABAG POWER PURCHASING PO 5606620 ABAG POWER PURCHASING PO 1108503 ABAG POWER PURCHASING PO 1108506 AC SERVICE & DESIGN. CO. 6109863 AC SERVICE & DESIGN. CO. 1108501 ALHAMBRA 1106265 ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS 1104400 1106265 1108501 1108602 ARCH WIRELESS ARROWHEAD MTN SPRING WAT 5606620 BMMA 6104800 BAP AUTO PARTS BAF AUTO PARTS BAP AUTO PARTS 6308840 6308840 6308840 BATTERY SYSTEMS 6308840 BAV AREA AIR QUALITY MGM 110aO05 BHARADHWAJ. GAYATRI 580 CALIFORNIA BINGO SERVICE 5506549 CALIFORNIA BINGO SERVICE 5506549 CALIFORNIA SAFETY & CLEA 1108409 CARIAGA. LOURDES CARIAGA. LOURDES 110 110 RUN DATE 08/12/04 TIME 11,02,32 -----DESCRIPTION-- ---- LIBERTY MUTUAL CU415 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULY 2004 JUNE/JULV 2004 PER PROPOSAL REPL EXIS PER PROPOSAL REPL EXIS WATER DELIVERV AND DIS #6187076-2 8/02-9/01 ",187076-2 8/02-9/01 #6187076-2 8/02-9/01 ",187076-2 8/02-9/01 BOTTLED DRINKING WTR BMMA RNWL 7/1/4-6/30 FY 2004 -2005 OPEN PURe FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe RNWL #01HU6C8036 Refund, Check - SUMMER BINGO SUPPLIES BINGO SUPPLIES GLOVES/ELMWOOD CSGARNSMNT SSGARNSMNT 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 - FINANCIAL ACCOUNTING ~ PAGE 1 AMOUNT 1919.08 923.61 43.59 270.09 40.78 456.28 172.76 1499.40 541. 94 531.46 90.09 4570.00 6000.00 4591.63 10591. 63 71.90 18.74 61. 20 40.34 45.09 165.37 240.91 20.00 92.82 74.30 25.53 192.65 64.84 123.20 299.00 40.78 604.89 645.67 1050.24 306.50 103.84 410.34 5'-.J- 08/12/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "Oa/oo/2004" and "Oa/13/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT uu_u_uuuVENDORuuuu_uu FUND/DEPT 1020 609892 1020 609892 TOTAL CHECK OB/13/04 1057 08/13/04 1057 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 1020 609893 OB/13/04 1156 OIA 110 1020 609894 08/13/04 2626 CHANG. CHEN-YA 1103300 1020 609895 08/13/04 M CHANG. FENG-VI 580 1020 609896 OB/13/04 M2005 CHEN, ROBERT 110 1020 609897 OB/13/04 2871 JACKSON CHOW saO6249 1020 609898 08/13/04 2846 CLAP 5806249 1020 609899 OB/13/04 173 COCA-COLA BOTTLING OF CA 5706450 1020 609900 OB/13/04 178 COLONIAL LIFE & ACCIDENT 110 1020 609900 OB/13/04 178 COLONIAL LIFE & ACCIDENT 110 TOTAL CHECK 1020 609901 08/13/04 3032 CONSTRUCTION TESTING SER 4239222 1020 609902 OB/13/O4 184 JAMES COURTNEY 5606620 1020 609903 OB/13/04 2929 CSMFO 1104100 1020 609904 OB/13/04 1407 CUMMING HENDERSON TIRE 6308840 1020 609904 OB/13/04 1407 CUMMING HENDERSON TIRE 6308840 TOTAL CHECK 1020 609905 OB/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 Oa/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 Oa/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 OB/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 OB/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 Oa/13/04 192 CUPERTINO MEOICAL CENTER 1108201 1020 609905 08/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 OB/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 08/13/04 192 CUPERTINO MEOICAL CENTER 1108201 1020 609905 08/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 08/13/04 192 CUPERTINO MEDICAL CENTER 1108201 1020 609905 08/13/04 192 CUPERTINO MEDICAL CENTER 1108201 TOTAL CHECK 1020 609906 08/13/04 209 DE ANZA SERVICES INC 5606620 1020 609907 OB/13/04 2927 NINA DEES 5606620 10ZO 609908 OB/13/04 IB3B DELL MARKETING L.P. 2708405 RUN DATE OB/12/04 TIME 11,02,32 PAGE 2 uu-DESCRIPTION-- SALES TAX AMOUNT -FLEX DEP/240125 0.00 151. 92 -FLEX HLTH/240125 0.00 771. 03 0.00 922.95 eRA 0.00 117.00 CLIPPING SERV. JULY04 0.00 200.00 RFD, 276344.345.346 0.00 31. 00 ENCROACH BOND RELEASE 0.00 14500.00 SERVICE AGREEMENT FOR 0.00 237B.75 SERVICE AGREEMENT FOR 0.00 1900.00 FY ZO04 -2005 OPEN PURe 0.00 393.83 -COLONIAL/E7013899 0.00 2B3.08 COLONIAL/E7013B99 0.00 363.17 0.00 646.25 PUBLIC WORKS CONTRACT 0.00 1973.50 SERVICE AGREEMENT FOR 0.00 300.00 BUDGET AWARD FEE 0.00 25.00 FY 2004 -2005 OPEN PURe 0.00 299.16 FY 2004-2005 OPEN PURC 0.00 524.02 0.00 823.18 HEP A/B R.HOOK 0.00 96.00 HEP A/B LOOMIS 0.00 150.00 HEP A/B NEMETZ 0.00 150.00 HEP A/B LOPEZ 0.00 150.00 HEP A/B MABlITAS 0.00 150.00 HEP A/B TERADA 0.00 150.00 HEP A/B POLITO 0.00 150.00 HEP B RODRIGUEZ 0.00 16.00 ALVAREZ, BRIDGE HEPA/B 0.00 220.00 HEP A/B BODENE 0.00 150.00 HEPA/B LABRIE/LAITILA 0.00 192 .00 HEP B GARCIA 0.00 70.00 0.00 1644.00 PARK CLEANUP JULY2004 0.00 4086 .25 SERVICE AGREEMENT FOR 0.00 200.00 PRECISION W/S 650 MINI 0.00 122.38 FINANCIAL ACCOUNTING )'-3 OB/12/0' CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "OB/09/2004" and "OB/U/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ---- -- - - - -----VENDOR- - - -- - - - - - -- - FUND/DEPT -- -- -DESCRIPTION-- SALES TAX AMOUNT 1020 60990B OB/U/O, lBOB DELL MARKETING L.P. 2706405 PRECISION w/S 650 MINI 0.00 4182.37 1020 60990B OB/U/O' 1836 DELL MARKETING L.P. 6109B56 POWEREDGE 1750 2.4 GHZ 0.00 5050.99 TOTAL CHECK 0.00 9355.74 1020 609909 OB/13/0' 1569 DLT SOLUTIONS 6109653 MAPGUIOE AND WEB SUPP~ 0.00 9133 .59 1020 609910 OB/U/04 30B3 DYNAMIC GRAPHICS. INC. 1103400 SCENE AUG2004 0.00 79.00 1020 609911 OB/U/O' 233 ECONOMIC DRIVING SCHOOL 5BO6249 SERVICE AGREEMENT FOR 0.00 30BO.OO 1020 609912 Oa/13/04 3114 ELCOR ELECTRIC 4259313 ELECTRICAL SERVICES 0.00 2BOO. 00 1020 609913 OB/U/04 242 EMPLOYMENT DEVEL DEPT 110 SIT/932-0014-5 0.00 17523.64 1020 609914 OB/U/04 243 EMPLOYMENT OEVELOPMENT 110 SDI/776-5260-0 0.00 1086 .10 1020 609915 oa/u/o, 234 ENGINEERING DATA SERVICE 110 MAILING NOTICES 0.00 1330.90 1020 609916 OB/13/0' 249 ESBRO CHEMICAL 5606620 FY 200'-2005 OPEN PURe 0.00 366.96 1020 609916 OB/13/04 249 ESBRO CHEMICAL 5606620 FY 200'-2005 OPEN PURC 0.00 526.64 1020 609916 08/13/0' 249 ESBRO CHEMICAL 5606620 FY 200' -2005 OPEN PURe 0.00 435.46 1020 609916 OB/13/04 249 ESBRO CHEMICAL 5606620 FV 200' -2005 OPEN PURC 0.00 440. 03 TOTAL CHECK 0.00 1789.29 1020 609917 OB/U/O' 253 EXCHANGE LINEN SERVICE 5606620 FY 200'-2005 OPEN PURC 0.00 95.88 1020 609918 OB/U/04 260 FEOERAL EXPRESS CORP 110 COURIER SERVICE 0.00 74 .19 1020 609919 oa/U/04 261 FEHR & PEERS ASSOC INC 110 TRAFFIC CONSULTANT 0.00 7419.32 1020 609920 OB/13/04 M FELL, TRACY 5BO CAMPER CUBS REFUND 0.00 172 .BO 1020 609921 OB/U/04 2619 GENEVIEVE FIRE 230BO04 SERVICE 7/01-7/31/04 0.00 21B5. 00 1020 609922 OB/13/04 262 FIRST PLACE INC 4259313 CALI MILL PROJECT 0.00 B7. 6B 1020 609923 OB/U/04 2843 FOLGER GRAPHIC INC 1103400 JUNE 2004 SCENE 0.00 2799. 00 1020 609924 OB/13/04 267 MICHAEL J FORNALSKI 1107302 G. PLAN GRAPHIC SUPPRT 0.00 B2B.11 1020 609925 OB/13/0' 26B FOSTER BRaS SECURITY SYS 6308840 KEY/LOCK SUPPLIES 0.00 B. 74 1020 609926 OB/U/04 292 GOLFLAND USA 5BO6349 ADMIN a/04 A25762 0.00 195.50 1020 609927 OB/13/04 M GREENFIELD. STEVEN 5BO SKYBBCAMP REFUND 0.00 71.00 1020 609928 Oa/13/0, 2630 GREGORY B. BRAGG & ASSOC 6204550 INVESTIGATE C. JARVIS 0.00 692.90 1020 609929 OB/13/04 ME2005 HANEL, CHRISTINE 5BO6349 SUPPLIES BRKFST/SANTA 0.00 70.00 1020 609929 oa/13/04 ME2005 HANEL, CHRISTINE 1106342 SUPPLIES ANYTHING GOE 0.00 310.34 TOTAL CHECK 0.00 3BO.34 RUN DATE Oa/12/04 TIME 11,02,33 - FINANCIAL ACCOUNTING )'-L{ OB/12/04 CITY OF CUPERTINO PAGE 4 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, .trans~date between "oB/09/2004" and" OS/13/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT - - u-VENDORuuu u u - u FUNDIDEPT n_uDESCRIPTION------ SALES TAX AMOUNT 1020 609930 OS/13/04 325 OANIEL HEDDEN 1106500 P.O. 53509 FINAL PYMT 0.00 175 .00 1020 609931 OS/13/04 329 HERNING UNDERGROUND SUPP 1108303 AMERSON SBR -4W/TENON 0.00 1460.00 1020 609931 OS/13/04 329 HERNING UNDERGROUND SUPP 1108830 AMERSON SBR -4W/TENON 0.00 9224.34 TOTAL CHECK 0.00 10684.34 1020 609932 OS/13/04 2064 HOWARD G HOFF JR. 1104400 CERT CLASS ORILL 0.00 50.00 1020 609933 OS/13/04 334 HOME DEPOT CREDIT SERVIC 110S407 PARTSISUPPLIES A25570 0.00 358.2B 1020 609933 OS/13/04 334 HOME DEPOT CREDIT SERVIC 270S405 PARTSlsUPPLIES 27123 0.00 34.56 1020 609933 OB/13/04 334 HOME DEPOT CREDIT SERVIC 5606620 PARTSISUPPLIES A26012 0.00 415.65 1020 609933 OS/13/o' 334 HOME DEPOT CREDIT SERVIC 1108303 PARTSlsUPPLIES A25555 0.00 182. OB 1020 609933 OB/13/04 334 HOME DEPOT CREDIT SERVIC 1108407 PARTSISUPPLIES 20392 0.00 49 .19 1020 609933 OB/13/04 334 HOME DEPOT CREDIT SERVIC 5606640 PARTSISUPPLIES A26013 0.00 134.39 1020 609933 OB/13/04 334 HOME DEPOT CREDIT SERVIC 1108409 PARTSISUPPLIES 20514 0.00 50.12 1020 609933 OS/13/04 334 HOME DEPOT CREDIT SERVIC 1108409 PARTSlsUPPLIES A25563 0.00 206.69 TOTAL CHECK 0.00 1430.96 1020 609934 OB/13/04 1951 HOMESTEAD F.F.C. INC 5806349 BOWLING B/09 A26'" 0.00 102.00 1020 609934 OB/13/04 1951 HOMESTEAD F. F. C. INC 5806349 CAMPER CUBS A26409 0.00 114. 00 TOTAL CHECK 0.00 216.00 1020 609935 OB/13/04 343 ICMA RETIREMENT TRUST-45 110 >ICMA 0.00 5600.20 1020 609936 OS/13/04 2090 IKON OFFICE SOLUTIONS 1108601 SUPPLIES 17382 0.00 223.54 1020 609937 OB/13/04 2299 ROBERT WOSLEY 1108005 HAZMAT TRAINING 0.00 720.00 1020 609938 OS/13/04 995 INSERV COMPANY 110S504 WTR TREATMENT AUG04 0.00 211.63 1020 609938 OS/13/04 995 INSERV COMPANY 1108501 WTR TREATMENT AUG04 0.00 211.63 TOTAL CHECK 0.00 423.26 1020 609939 OB/13/04 1977 JOE'S TRACTOR SERVICE 1108302 MOW FIRE BREAKS 0.00 1900.00 1020 609940 OS/13/04 M2005 KEDER, NANCY 110 DEV. MAINTENANCE DPST 0.00 '00.91 1020 609941 OB/13/04 301S KIDS KAB 5S06349 TRANSPORTATION 7/05 0.00 195.00 1020 609942 OS/13/04 M KIM. KYEONG 580 RFD, 287476,477.478 0.00 142 .00 1020 609943 08/13/04 372 KINKD'S INC 520BO03 LAMINATED SHTS A25046 0.00 46.76 1020 609944 OB/13/04 3192 JOHN KURTYKA 5806249 SERVICE AGREEMENT FOR 0.00 1248. 00 1020 609945 OS/13/04 2300 BARBARA LAUX 5506549 7/20-B/12 0.00 600.00 1020 609946 OS/13/04 392 LEAGUE OF CALIFORNIA CIT 1101500 ANNL 03/SPRG 04 PAPER 0.00 113. 00 1020 609947 OB/13/04 3155 LEE WAYNE CORPORATION 4259313 BANNERSICALI MILL 0.00 2652.13 RUN DATE OS/12/04 TIME 11,02,33 PINANCIAL ACCOUNTING ç--) oa/12/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - OISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date bee ween "oa/09/2004" and "Oa/U/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------- FUND/OEPT 1020 60994a oa/U/04 M LEE, SHOW-WEN 580 1020 609949 Oa/U/04 M LID, YUN 5aO 1020 609950 oa/U/04 404 LONGS DRUG STORES #260 5aO6349 1020 609951 oa/13/04 40a LOS GATOS MEAT & SMOKEHO 5606620 1020 609952 oa/U/04 2912 LUCKY I & I PORTABLE SER 520aO03 1020 609953 08/13/04 1378 RICARDO MARTINEZ 5706450 1020 609953 Oa/U/04 1378 RICARDO MARTINEZ 5706450 TOTAL CHECK 1020 609954 Oa/U/04 1602 MBIA MUNISERVlCES COMPAN 1100000 1020 609955 Oa/U/04 2567 MISDU no 1020 609956 oa/U/04 M MORALES, BRITTANY 5ao 1020 609957 oa/U/04 1228 MUS lCALME , INC. 5806249 1020 60995a oa/U/04 473 NASER DISTRIBUTORS INC 5606620 1020 609959 oa/U/04 302 NATIONAL DEFERRED CaMPEN no 1020 609960 oa/U/04 479 NATURES WOOD 5606620 1020 609961 oa/U/04 M2005 NAVICO no 1020 609962 08/13/04 482 NEW CENTURY TRANSPORTATI 5606620 1020 609963 oa/U/04 489 NOTEWORTHY MUSIC SCHOOL 5aO6249 1020 609964 oa/U/04 499 DEBBIE O'NEILL 5606620 1020 609965 oa/U/04 2206 O.K. FIRE EQUIPMENT COMP nO4400 1020 609966 oa/U/04 493 OFFICE DEPOT noa201 1020 609966 OS/U/04 493 OFFICE DEPOT n04400 1020 609966 oa/U/04 493 OFFICE DEPOT n04000 1020 609966 oa/U/04 493 OFFICE DEPOT 110S101 TOTAL CHECK 1020 609967 oa/U/04 501 OPERATING ENGINEERS #3 llO 1020 609968 oa/U/04 503 ORCHARD SUPPLY 5606620 1020 609968 oa/U/04 503 ORCHARD SUPPLY 5606620 TOTAL CHECK 1020 oa/U/04 1220 ORCHARD SUPPLY HARDWARE 6308840 609969 RUN DATE oa/12/04 TIME ll,O2,33 PAGE 5 -- - - -DESCRIPTION-- ---- SALES TAX AMOUNT CAMPER CUBS REFUND 0.00 144.00 BALLET 2 REFUND 0.00 22.00 BUS TOKENS A26429 0.00 67.60 FY 2004-2005 OPEN PURe 0.00 450. 3a POTTY/COMPOST SITE 0.00 92.01 EQUIPMENT MAINTENANCE 0.00 n5. 00 SUPPLIES 0.00 178.19 0.00 293.19 S.TAX AUDIT QTR 3/31 0.00 513.07 J TRYBUS 385960533 O. 00 221. 50 BASIC FIRST AID REFD 0.00 35.00 SERVICE AGREEMENT FOR 0.00 2205.00 FY 2004-ZO05 OPEN PURC 0.00 320.42 'NAT'L DEF 0.00 17666 ,sa FY 2004-2005 OPEN PURe 0.00 399.44 MAIL. ARCH, ARBORIST 0.00 4556.83 SHUTTLE SERVICE a/Ol 0.00 1226.90 SERVICE AGREEMENT FOR 0.00 2640.00 SERVICE AGREEMENT FOR 0.00 400.00 RECHARGE EXT. 0.00 182.22 OFFICE SUPPLIES 0.00 2aO.09 OFFICE SUPPLIES 0.00 39.43 OFFICE SUPPLIES 0.00 16.22 OFFICE SUPPLIES 0.00 ll5.6S 0.00 451.42 UNION DUES 0.00 700.58 FY 2004-2005 OPEN PURe 0.00 382.73 ON-TIME PAYMENT 7/26 0.00 -16.23 0.00 366 ,50 PARTS/SUPPLIES 0.00 ao.oa FINANCIAL ACCOUNTING )-~ 08/12/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "08/09/2004" and "08/13/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -- -----------VENDOR------------- FUND/DEPT 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE 6308840 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE n08830 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE n08830 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE n08501 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE n08501 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE n08501 1020 609969 08/13/04 1220 ORCHARD SUPPLY HARDWARE 6308840 TOTAL CHECK 1020 609970 08/13/04 981 ORCHARD SUPPLV HARDWARE n08503 1020 609970 08/13/04 981 ORCHARD SUPPLY HARDWARE n08503 1020 609970 08/13/04 981 ORCHARD SUPPLY HARDWARE 2708405 1020 609970 08/13/04 981 ORCHARD SUPPLY HARDWARE 6308840 1020 609970 08/13/04 981 ORCHARD SUPPLY HARDWARE n08409 1020 609970 08/13/04 981 ORCHARD SUPPLY HAROWARE n08409 TOTAL CHECK 1020 609971 08/13/04 833 PER S no 1020 609971 08/13/04 833 PER S no 1020 609971 08/13/04 833 PER S no 1020 609971 08/13/04 833 PER S no 1020 609971 08/13/04 833 PER S no 1020 609971 08/13/04 833 PER S no 1020 609971 08/13/04 833 PER S no TOTAL CHECK 1020 609972 08/13/04 833 PER S no 1020 609972 08/13/04 833 PER S no TOTAL CHECK 1020 609973 08/13/04 513 PACIFIC GAS & ELECTRIC ( n04400 1020 609973 08/13/04 513 PACIFIC GAS & ELECTRIC ( n08407 1020 609973 08/13/04 513 PACIFIC GAS & ELECTRIC ( 4259313 1020 609973 08/13/04 513 PACIFIC GAS & ELECTRIC ( 5606620 1020 609973 08/13/04 513 PACIFIC GAS & ELECTRIC ( nO8602 1020 609973 08/13/04 513 PACIFIC GAS & ELECTRIC ( 5606620 1020 609973 08/13/04 513 PACIPIC GAS & ELECTRIC ( n08508 TOTAL CHECK 1020 609974 08/13/04 526 PENINSULA DIGITAL IMAGIN n08101 1020 609975 08/13/04 533 PERS LONG TERM CARE PROG no 1020 609976 08/13/04 1929 LEON C. PIROFALO nO7302 1020 609977 08/13/04 2661 PROFESSIONAL TURF MGMNT. 5606640 1020 609978 08/13/04 509 PW SUPERMARKETS INC 5806349 1020 609978 08/13/04 509 PW SUPERMARKETS INC 5806349 1020 609978 08/13/04 509 PW SUPERMARKETS INC 5806349 1020 609978 08/13/04 509 PW SUPERMARKETS INC 5806349 RUN DATE 08/12/04 TIME 11002,33 PAGE 6 - - - - -DESCRIPTION- - - - - - SALES TAX AMOUNT PARTS/SUPPLIES 0.00 40.04 ON-TIME DISC. 7/26 0.00 -4.42 PARTS/SUPPLIES 0.00 127.77 PARTS/SUPPLIES O. 00 29.57 PARTS/SUPPLIES O. 00 56.33 PARTS/SUPPLIES O. 00 25.20 PARTS/SUPPLIESS 0.00 72 ,50 0.00 427 .07 PARTS/SUPPLIES A25551 0.00 64.22 PARTS/SUPPLIES 20260 0.00 21078 PARTS/SUPPLIES 24526 0.00 32. 04 PARTS/SUPPLIES 20266 0.00 47.59 PARTS/SUPPLIES 20315 0.00 43.83 PARTS/SUPPLIES 20383 0.00 50.76 0.00 260 .22 'PERS BYBK 0.00 123.70 PERS 1959 0.00 n2.53 'PERS BYBK 0.00 462.65 PERS SPEC 0.00 144 .43 PERS EM/OE 0.00 3084 .13 PERS OE3 0.00 3084.13 PERS EMPLY 0.00 19168. 01 0.00 26179.58 PERS EMPLY 0.00 216.60 PERS 1959 0.00 2.00 0.00 218.60 7/01-7/30 OES 0.00 143.44 7/01-7/29 0.00 6.95 7/01-8/02 CCCP 0.00 634.61 6/27-7/28 0.00 4.10 7/01-8/02 0.00 35.62 6/27-7/28 0.00 n2. 34 7/09-8/05 0.00 59.43 0.00 996 .49 BMP SHEETS 0.00 70.90 PERS LTC/2405 0.00 n9.15 G. PLAN CONSULTING 0.00 7854.54 EMERGENCY TREE WORK 0.00 2550.00 SUPPLIES 25533 0.00 n.32 SUPPLIES 25528 0.00 22.71 SUPPLIES 25529 O. 00 28.61 SUPPLIES 25546 O. 00 29.28 - FINANCIAL ACCOUNTING :; - 7 OB/12/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, ,trans_date between "OS/O9/2004" and "08/13/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT - - - - - - - ---- ---VENDOR- --- ----_u -- FUND/DEPT 1020 609978 OS/13/04 509 PW SUPERMARKETS INC nO6342 1020 609978 OS/13/04 509 PW SUPERMARKETS INC n06342 1020 609978 OS/13/04 509 PW SUPERMARKETS INC nO6342 1020 609978 OS/13/04 509 PW SUPERMARKETS INC 5B06349 1020 609978 OS/13/04 509 PW SUPERMARKETS INC 5B06349 1020 60997B OS/13/04 509 PW SUPERMARKETS INC saO6349 TOTAL CHECK 1020 609979 OS/13/04 2441 RENEE RAMSEY 5806249 1020 609980 OB/13/04 3191 EARNEST REGUA 5S06249 1020 609981 OB/13/04 1071 REPUBLIC ELECTRIC nO8602 1020 609982 OS/13/04 3n5 PATRICIA ROHDE 5S06249 1020 6099S3 OS/13/04 600 ROTO-ROOTER SEWER SERVIC 5606620 1020 609984 OS/13/04 2043 RUDE'S PEST MANAGEMENT nos 501 1020 609984 OS/13/04 2043 RUDE'S PEST MANAGEMENT nOS506 1020 609984 OS/13/04 2043 RUDE'S PEST MANAGEMENT nOS505 1020 609984 OB/13/04 2043 RUDE'S PEST MANAGEMENT nOS504 1020 609984 OS/13/04 2043 RUDE'S PEST MANAGEMENT noS503 TOTAL CHECK 1020 609985 OS/13/04 M2005 SAN FRANCISCO BAV AREA M n03300 1020 609986 OS/13/04 617 SAN JOSE BLUE 5208003 1020 609990 OS/13/04 625 SAN JOSE WATER COMPANY nOBH4 1020 609990 OS/13/04 625 SAN JOSE WATER COMPANY nO8314 1020 609990 OS/13/04 625 SAN JOSE WATER COMPANY nOS407 1020 609990 OS/13/04 625 SAN JOSE WATER COMPANY nOS407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOS407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY 110B407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY 110B407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB407 1020 609990 OS/13/04 625 SAN JOSE WATER COMPANY nOS407 1020 609990 OB/13/O4 625 SAN JOSE WATER COMPANY nOB407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOBH2 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB407 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY 570B510 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB40S 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY n08504 1020 609990 OS/13/O4 625 SAN JOSE WATER COMPANY nOB504 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nO8303 1020 609990 OB/13/O4 625 SAN JOSE WATER COMPANY nO8303 1020 609990 OB/13/04 625 SAN JOSE WATER COMPANY nOB407 RUN DATE OB/12/04 TIME 11,02,33 PAGE 7 -----DESCRIPTION---.- SALES TAX AMOUNT SUPPLIES 25547 O. 00 5.00 SUPPLIES 25579 0.00 16.98 SUPPLIES 25577 0.00 26. S2 SUPPLIES 25596 0.00 52. as SUPPLIES 25553 0.00 14.62 SUPPLIES 255B7 0.00 22.70 0.00 230.89 SERVICE AGREEMENT FOR 0.00 920 .00 SERVICE AGREEMENT FOR 0.00 2288 .00 SERVICE AGREEMENT FOR 0.00 2650.00 SERVICE AGREEMENT FOR 0.00 703.50 PUMP REPAIRS 0.00 429.00 ROOENT BAIT 0.00 IS0.00 RODENT BAIT 0.00 180.00 RODENT BAIT 0.00 ISO. 00 RODENT BAIT 0.00 IS0.00 RODENT BAIT 0.00 IS0.00 0.00 900.00 04/05 MEDIA GUIDE 0.00 189 .00 POSTERS A25045 0.00 17.20 5/22-7/23/04 0.00 1241.32 6/22-7/23/04 0.00 1053.11 6/22-7/23/04 0.00 B2 .19 6/22-7/23/04 0.00 68 .5S 6/22-7/23/04 0.00 137.52 6/22-7/23/04 0.00 36.37 6/22-7/23/04 0.00 36.37 6/22-7/23/04 0.00 34.51 6/22-7/23/04 0.00 14.96 6/22-7/23/04 0.00 9.37 6/22-7/23/04 0.00 49.41 6/22-7/23/04 0.00 525.14 6/22-7/23/04 0.00 189.71 6/22-7/23/04 0.00 1600.99 6/22-7/23/04 0.00 98 .55 6/22-7/23/04 0.00 415.77 6/22-7/23/04 0.00 120.26 6/22-7/23/04 0.00 89.64 6/22-7/23/04 0.00 110.15 6/22-7/23/04 0.00 B7. 78 6/22-7/23/04 0.00 3104.88 6/22-7/23/04 0.00 34.51 - FINANCIAL ACCOUNTING ç--Y 08/12/04 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOO, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "oa/09/20O4" and "Oa/13/2004" FUND 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------ --VENDOR-- - - -- FUND/DEPT -----DESCRIPTION- ----- SALES TAX AMOUNT 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 5606640 6/22-7/23/04 0.00 6061.16 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a504 6/22-7/23/04 0.00 9.00 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 5606620 6/22-7/23/04 0.00 486.58 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 5606620 6/22-7/23/04 0.00 303.95 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a312 6/22-7/23/04 0.00 1520.85 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108312 6/22-7/23/04 0.00 2295.46 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a312 6/02-7/30/04 0.00 3000.99 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108407 6/02-a/02/04 0.00 26.54 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 4209116 6/02-a/02/04 0.00 231.17 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a505 6/22-7/23/04 0.00 574 .17 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANV 110a505 6/22-7/23/04 0.00 9.00 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a502 6/2a-7/2a/04 LIBRARY 0.00 36.50 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108321 6/28-7/2a/04 0.00 36.50 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108321 6/2a-7/2a/04 0.00 137.02 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108321 6/2a-7/2a/04 0.00 62.56 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 4239222 6/2a-7/2a/04 0.00 121. 95 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108314 6/22-7/23/04 0.00 1505.94 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a321 6/22-7/23/04 0.00 195.44 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108315 6/22-7/23/04 0.00 2914.50 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a315 6/22-7/23/04 0.00 121. 95 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108314 6/22-7/23/04 0.00 2119.30 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 2215.41 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 24a2. 99 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a315 6/2a-7/28/04 0.00 36 ,50 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a315 6/22-7/23/04 0.00 4022.48 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a315 6/22-7/23/04 0.00 75.09 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 38.76 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 40.62 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 110a506 6/22-7/23/04 0.00 66.19 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 11. 23 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 20a. 35 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 110a407 6/22-7/23/04 0.00 21.46 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 15.87 1020 609990 Oa/13/O4 625 SAN JOSE WATER COMPANY 110a407 6/22-7/23/04 0.00 104.55 1020 609990 oa/13/04 625 SAN JOSE WATER COMPANY 110a321 6/28-7/28/04 0.00 36 ,50 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANV 1108407 6/22-7/23/04 0.00 25.1a 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 570a510 6/22-7/23/04 0.00 9.00 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 5606620 6/22-7/23/04 0.00 10.31 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108506 6/22-7/23/04 0.00 77.37 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 15.87 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 51.28 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 174.27 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 5606620 6/22-7/23/04 0.00 229 .41 1020 609990 Oa/13/O4 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 3a. 76 1020 609990 Oa/D/04 625 SAN JOSE WATER COMPANV 570a510 6/22-7/23/04 0.00 890.97 1020 609990 Oa/D/04 625 SAN JOSE WATER COMPANY 1108303 6/22-7/23/04 0.00 134.36 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108303 6/22-7/23/04 000 a94. 70 1020 609990 oa/13/04 625 SAN JOSE WATER COMPANY 110a303 6/22-7/23/04 0.00 2843.98 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 110B503 6/22-7/23/04 0.00 333.77 1020 609990 Oa/13/04 625 SAN JOSE WATER COMPANY 1108407 6/22-7/23/04 0.00 125.05 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 110a314 6/22-7/23/04 0.00 346. a2 RUN DATE Oa/12/04 TIME 11,02,33 FINANCIAL ACCOUNTING ~-'1 08/12/04 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "08/09/2004" and "08/13/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -----.u------VENDOR-----_uuu- FUND/DEPT -----DESCRIPTION-u_u SALES TAX AMOUNT 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108314 6/22-7/23/04 0.00 300.22 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108507 6/22-7/23/04 0.00 87.78 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108314 6/22-7/23/04 0.00 9.00 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108314 6/22-7/23/04 0.00 1401.58 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108314 6/22-7/23/04 0.00 1816.09 1020 609990 08/13/04 625 SAN JOSE WATER COMPANY 1108302 6/22-7/23/04 0.00 931. 97 TOTAL CHECK 0.00 51035.36 1020 609991 08/13/04 979 CITY OF SAN JOSE 1104530 ANIMAL SERV. AUG20O4 0.00 13833.33 1020 609992 08/13/04 2784 SANTA CLARA CASH REGISTE 5606640 SUPPLIES 0.00 89.95 1020 609993 08/13/04 626 SANTA CLARA CO DEPT OF R 1102100 CITATIONS JUNE 2004 0.00 2725. 00 1020 609994 08/13/04 258 SANTA CLARA COUNTY 110 V ORTEGA 563312780 0.00 588. 00 1020 609995 08/13/04 633 SANTA CLARA COUNTY SHERI 5606620 7/24.25/04 BaF 0.00 2802.01 1020 609996 08/13/04 2692 SBC 1108504 6/27-7/26 0.00 77 .51 1020 609996 08/13/04 2692 sac 1108501 6/29-7/28 64 .90 TOTAL CHECK 0.00 142.41 1020 609997 08/13/04 2692 sac 1108501 6/29-7/28 0.00 116.73 1020 609997 08/13/04 2692 SBC 1108507 6/29-7/28 0.00 55.35 1020 609997 08/13/04 2692 SBC 1108509 6/29-7/28 0.00 55.35 1020 609997 08/13/04 2692 SBC 5606640 6/29-7/28 0.00 175.23 1020 609997 08/13/04 2692 SBC 1108201 6/29-7/28 0.00 253.03 1020 609997 08/13/04 2692 SBC 1108508 6/29-7/28 0.00 61.20 1020 609997 08/13/04 2692 SBC 1106500 6/29-7/28 0.00 55.35 1020 609997 08/13/04 2692 SBC 5606620 6/29-7/28 0.00 162.44 TOTAL CHECK 0.00 934.68 1020 609998 08/13/04 2057 SBC PACIFIC BELL 6104800 MAINTENANCE FOR CISCO 0.00 7644. 00 1020 609999 08/13/04 511 SBC/MCI 5606620 #2719770 JULY 2004 0.00 89.30 1020 609999 08/13/04 511 SBC/MCI 1108504 #2719770 JULY 2004 0.00 89.30 1020 609999 08/13/04 511 SBC/MCI 1108501 #2719770 JULY 2004 0.00 89.30 1020 609999 08/13/04 511 SBC/MCI 1108501 #2719771 JULY 2004 0.00 89.30 1020 609999 08/13/04 511 saC/Me I 1101500 #2719421 JULY 2004 0.00 244.87 1020 609999 08/13/04 511 saC/Me I 1108505 #2719421 JULY 2004 0.00 244.87 1020 609999 08/13/04 511 saC/MCI 1108503 #2719421 JULY 2004 0.00 244.87 1020 609999 08/13/04 511 saC/MCI 1101500 #2719770 JULY 2004 0.00 89.29 1020 609999 08/13/04 511 saC/MCI 5708510 #2719421 JULY 2004 0.00 244.87 1020 609999 08/13/04 511 saC/Me I 1108505 #2719770 JULY 2004 0.00 89.30 1020 609999 08/13/04 511 saC/MCI 1108504 #2719421 JULY 2004 0.00 489.68 1020 609999 08/13/04 511 saC/MCI 1108501 #2719421 JULY 2004 0.00 244.87 1020 609999 08/13/04 511 saC/MCI 1108503 #2719770 JULY 2004 0.00 89.30 1020 609999 08/13/04 511 saC/MCI 5708510 #2719770 JULY 2004 0.00 89.30 TOTAL CHECK 0.00 2428.42 1020 610000 08/13/04 M SETHORAMAN. DURGA 580 Refund, Check - SUMMER 0.00 37 ,50 RUN DATE 08/12/04 TIME 11,02,33 - FINANCIAL ACCOUNTING ') -(0 oa/12/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "Oa/09/2004" and "Oa/13/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO - - FUND/DEPT ISSUE DT --------------VENDOR-- 1020 610001 Oa/13/04 652 SIERRA SPRINGS WATER CO. 1101500 1020 610002 Oa/13/04 M SILVEIRA, ROCHELLE 980 1020 610003 Oa/13/04 M SILVEIRA, ROCHELLE 580 1020 610004 Oa/13/04 2810 SMART & FINAL 1106344 1020 610005 08/13/04 2733 SONY BROADCAST AND PROF 1103500 1020 610006 oa/13/04 an JOAN SPITSEN 5506549 1020 610006 08/13/04 891 JOAN SPITSEN 5506549 TOTAL CHECK 1020 610007 08/13/04 1011 STATE BOARlJ OF EQUALIZAT 110 1020 6l000a oa/13/04 677 STATE STREET BANK & TRUS 110 1020 610009 oa/13/04 695 SYSCO FOOD SERVICES OF S 5606620 1020 610010 OB/13/04 1065 T ANO D COMMUNICATIONS I 5606620 1020 610011 oa/13/04 1763 THEATERFUN INC 5806249 1020 610012 oa/13/04 2545 TICKETEASY 5506549 1020 610013 08/13/04 2396 TREADWELL & ROLLO 4239222 1020 610013 08/13/04 2396 TREADWELL & ROLLO 4239222 1020 610013 08/13/04 2396 TREADWELL & ROLLO 4239222 TOTAL CHECK 1020 610014 08/13/04 1993 TREASURER OF ALAMEDA COU 110 1020 610015 08/13/04 M TSENG. MAUREEN 580 1020 610016 08/13/04 2665 ERIN TURI 5806249 1020 610017 08/13/04 M UMEDA, VICKIE 580 1020 610018 08/13/04 1154 UNITED WAY OF SANTA CLAR 110 1020 610019 08/13/04 3128 VALLEY CHURCH 1106343 1020 610020 oa/13/04 1707 VARGAS AUTO UPHOLSTERY 6308840 1020 610021 oa/U/04 M VARSHNEYA. RENU 980 1020 610022 oa/U/04 M Vilen, June 550 1020 610023 08/U/04 1342 VESTA WALDEN 5606620 RUN DATE Oa/12/04 TIME 11,02,33 PAGE 10 ----DESCRIPTION-- --- SALES TAX AMOUNT BOTTLED DRINKING WTR 0.00 20.60 WOMEN'S GOLF 1 REFO 0.00 60.00 Refund, Check SUMMER 0.00 60.00 SUPPLIES A26430 0.00 162 .45 SUPPLIES 16487 0.00 106. as a/la/04 GRATUITIES 0.00 100.00 a/3l/04 GRATUITIES 0.00 SO. 00 0.00 lao, 00 JULY04 PREPAYMENT 0.00 1962. 00 'PERS DEF 0.00 3978 .56 FY 2004-2005 OPEN PURe 0.00 2299.51 PHONE LINE REPAIRS 0.00 1400.00 SERVICE AGREEMENT FOR 0.00 896. 00 GET TO CHURCH 8/la 0.00 1267.50 GEOTECH 4/24-5/21 O. 00 1638.70 GEOTECH. 5/22-6/25 0.00 5059.32 GEOTECHNICAL 6/26-7/4 0.00 2897.00 0.00 9595.02 A LOPEZ JR 566398126 0.00 253.84 CRAZY FOR SPORTS RFD 0.00 62.50 SERVICE AGREEMENT FOR 0.00 3308.00 BASIC FIRST AID REFD 0.00 35.00 UNITED WAV 0.00 99.00 SKATE PRK FEB-JULY04 0.00 454.65 TRUCK SEAT UPHOLSTERY 0.00 622.a4 ICE SKATING REFUND 0.00 40.00 Refund, Check Church 0.00 68.00 SERVICE AGREEMENT FOR 0.00 200. 00 FINANCIAL ACCOUNTING ç--I/ O~¡12¡O4 ACCOUNTING PERIOD, 2/05 CITY Op cunRTlNO CHECK REGISTER - OISBURSEMENT FUND SELECTION CRITERIA, transact.trans~date between "OB/09/20O4" and "08/13/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 610024 1020 610024 TOTAL CHECK 1020 610025 1020 610025 TOTAL CHECK 1020 610026 1020 610027 1020 6100" 1020 610029 1020 610030 1020 610030 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ISSUE DT --------------VENDOR------------- FUND/DEPT 08/13/04 3193 08/13/04 3193 08/13/04 2969 OB/13/04 2969 08/13/04 2498 08/13/04 2561 08/13/04 M 08/13/04 3014 oa/13/04 1608 08/13/04 1608 RUN DATE 08/12/04 TIME 11,02,33 KATHERINE M WAUGH KATHERINE M WAUGH 1104400 1104400 WIC, WONDER ICE CREAM DI 5606620 WIC, WONDER ICE CREAM DI 5606620 KIERSA WITT WORLD POINT ECC, INC. White, Bey 1101070 1104400 XL CONSTRUCTION CORPORAT 426 550 ZACK ELECTRONICS INC ZACK ELECTRONICS INC 1103500 1103500 PAGE 11 - ----DESCRIPTION- -- --- SALES TAX AMOUNT SERVICE 7/01-7/29 FOR 0.00 1296.38 SERVICE 6/14-6/27 0.00 530.11 0.00 1826.49 FY 2004-2005 OPEN PURe 0.00 33.52 FY 2004-2005 OPEN PURC 0.00 299.90 0.00 333.42 PC DINNER 8/09 0.00 65.20 HEARTSAVER CPR SHEETS 0.00 143.65 Refund, Check Mac1A, 0.00 60.00 P.O.31444 FINAL PYMT 0.00 192403. 00 SUPPLIES 16486 0.00 93.05 SUPPLIES 16486 0.00 193 .81 0.00 "6.a6 0.00 522985.94 0.00 522985.94 O. 00 522985.94 FINANCIAL ACCOUNTING ç -/'J.- DRAFT RESOLUTION NO. 04-388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING AUGUST 20, 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: G)tiUd 0 CL-1Ì-C<T('U,f Director of Administrative ServIces PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of September, 2004, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Ç--f3 (]P~ 08/19/04 CITY OF C1JPERTINO ÞhGE 1 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact . trans_date between "08/16/2004" and "OB/2O/2OO4" FUND - llO - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------- - - -- --VENDOR-- FUND/OEPT - -DESCRIPTION-- ---- SALES TAX AMOUNT 1020 610031 08/20/04 4 AT & T ll08501 AUG2OO4 STATEMENT 0.00 22 .61 1020 610031 08/20/04 4 AT & T ll08501 AUG2OO4 STATEMENT 0.00 22.61 1020 610031 OB/2O/O4 4 AT & T ll08501 AUG2OO4 STATEMENT 0.00 45.96 1020 610031 08/20/04 4 A T & T ll08501 AUG2OO4 STATEMENT 0.00 22.61 1020 610031 08/20/04 4 A T & T ll08501 AUG2OO4 STATEMENT 0.00 22.61 TOTAL CHECK 0.00 136.40 1020 610032 OB/2O/04 3135 A-I RADIATOR 630B840 SUPPLIES A25599 0.00 190.97 1020 610033 08/20/04 7 ABAG PLAN CORPORATION llO454O LEGAL GLJ054620 0.00 864 .00 1020 610034 08/20/04 2982 ABLE UNDERGROUND ll085O2 ROOOED LINE LIBRARY 0.00 125.00 1020 610035 08/20/04 13 ACME & SONS SANITATION C 5606640 FY 2004-2005 OPEN PURe 0.00 172.83 1020 610035 08/20/04 13 ACME & SONS SANITATION C llO6448 PORTA POTTI JULY 04 0.00 30.01 TOTAL CHECK 0.00 202.84 1020 610036 08/20/04 2835 AC SERVICE & DESIGN, CO. 4209227 REMOVE CLEAN AND REINT 0.00 8577 .53 1020 610037 08/20/04 28 AIRGAS NCN ll08314 FY 2004-2005 OPEN PURC 0.00 42.93 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25524 0.00 40.30 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25521 0.00 10.00 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25522 0.00 7.76 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25523 0.00 2.99 1020 610039 08/20/04 1B84 ALBERTSONS-NORTHERN DIVI ll06448 SUPPLIES 25527 0.00 22.28 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25588 0.00 27 .30 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25538 0.00 14.75 1020 610039 08/20/04 1884 ALBERTSDNS-NORTHERN DIVI ll06342 SUPPLIES 25589 0.00 33.19 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25581 0.00 2.00 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI llO6342 SUPPLIES 22535 0.00 6.99 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25526 0.00 15.06 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES A25724 0.00 138.68 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25545 0.00 34 ,50 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25583 0.00 5.57 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 580G349 SUPPLIES 25539 0.00 14.98 1020 610039 OB/2O/O4 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25540 0.00 24.54 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25552 0.00 42.44 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25530 0.00 37.12 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25550 0.00 25.23 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25554 0.00 17.19 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI ll06342 SUPPLIES 25582 0.00 ll.27 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25582 0.00 49.12 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5806349 SUPPLIES 25556 0.00 50.00 1020 610039 08/20/04 1884 ALBERTSONS-NORTHERN DIVI 5805349 SUPPLIES 25548 0.00 50.00 TOTAL CHECK 0.00 683.26 1020 610040 08/20/04 2276 ALHAMBRA llO4510 BOTTLED DRINKING WTR 0.00 128 .65 1020 610040 08/20/04 2276 ALHAMBRA llO4510 BOTTLED DRINKING WTR 0.00 248.00 TOTAL CHECK 0.00 376 .65 RUN DATE 08/19/04 TIME 08 ,44 ,24 - FINANCIAL ACCOUNTING Ç' -fy M/19/M CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact.crans_date between "08/16/2004" and "08/20/2004" FUND HO - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ----------- - -- VENDOR-- -- -- -- - -- -- FUND/DEPT - ----DESCRIPTION------ SALES TAX AMOUNT 1020 610041 08/20/04 2319 ALL CITY MANAGEMENT SERV HO8201 CROSSING GUARDS AUG04 0.00 7786.89 1020 610042 08/20/04 1032 AW DIRECT INC 6308840 SOCKET SET A2SSS0 0.00 256.29 1020 610043 08/20/04 968 BAP ATITO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 22.67 1020 610043 08/20/04 068 BAP ATITO PARTS 6308840 FY 2004-2005 OPEN PURe 0.00 19.38 1020 610043 08/20/04 968 BAP ATITO PARTS 6308840 FY 2004-2005 OPEN PURe 0.00 129.27 1020 610043 08/20/04 968 BAP ATITO PARTS 6308840 FY 2004-2005 OPEN PURe 0.00 40.53 1020 610043 08/20/04 968 BAP ATITO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 78.74 1020 610043 08/20/04 968 BAP ATITO PARTS 6308840 FY 2004-2005 OPEN PURe 0.00 -16.95 TOTAL CHECK 0.00 273.64 1020 610044 08/20/04 M200S BAPDA HonDo PLAN DIR CODE ENF MTG 0.00 35.00 1020 610045 08/20/04 2933 BAV GLASS COMPANY 5708510 MIRROR 0.00 760.06 1020 S1004S 08/20/04 2656 BELSON OTITDOORS INC 5208003 R32TR-BK WITH 8 .25% TA 0.00 30566.00 1020 610047 08/20/04 2680 BERRYMAN & HENIGAR H07S02 PLAN CHK 6/19-7/16 0.00 9212.33 1020 610048 08/20/04 100 BMI IMAGING SYSTEMS HOODOO MICROFICHE PRINTS 0.00 97.43 1020 610049 08/20/04 130 CALIFORNIA PARK AND RECR H06300 MBRSHP RNWL S.LEWIS 0.00 125. 00 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 960.00 1020 610050 08/20/04 1476 CANNON OESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 120.00 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 890.60 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 840. 00 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 240.00 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 960 .00 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHITECT RVW SERVICE 0.00 1000.00 1020 610050 08/20/04 1476 CANNON DESIGN GROUP 110 ARCHIECT RVW SERVICE 0.00 470.60 TOTAL CHECK 0.00 6081.20 1020 610051 08/20/04 146 CASH 1106342 P.CASH 8/05-8/16 0.00 60.08 1020 610051 08/20/04 146 CASH 5806349 P. CASH 8/05-8/16 0.00 91.98 1020 610051 08/20/04 146 CASH 1106344 P.CASH 8/05-8/16 0.00 36.22 1020 610051 08/20/04 146 CASH 5806449 P.CASH 8/OS-8/16 0.00 10.81 1020 610051 08/20/04 146 CASH 5806249 P. CASH 8/05-8/16 0.00 84.75 1020 610051 08/20/04 146 CASH 5806349 P. CASH 8/05-8/16 0.00 16. 00 TOTAL CHECK 0.00 299.84 1020 610052 08/20/04 149 CASH 1101070 P.CASH 7/28-8/16 0.00 2.00 1020 610052 08/20/04 149 CASH 1101000 P.CASH 7/28-8/16 0.00 14.95 1020 610052 08/20/04 149 CASH 4259313 P.CASH 7/28-8/16 0.00 39.00 1020 610052 08/20/04 149 CASH 6204550 P.CASH 7/28-8/16 0.00 10.00 1020 610052 08/20/04 149 CASH 1100000 P.CASH 7/28-8/16 0.00 0.09 1020 610052 08/20/04 149 CASH S2OBO03 P.CASH 7/28-8/16 0.00 29.54 1020 610052 08/20/04 149 CASH 1101200 P.CASH 7/28-8/16 0.00 25. 00 1020 610052 08/20/04 149 CASH 1104000 P.CASH 7/28-8/16 0.00 92 .16 TOTAL CHECK 0.00 212.74 RUN DATE 08/19/04 TIME 08,44,24 - FINANCIAL ACCOUNTING )-1) Oa(19(04 ACCOUNTING PERIOO, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT PUND SELECTION CRITERIA, transact. trans_date between "as/16/2004" and "as/20/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND 1020 1020 1020 610055 610055 610055 610055 1020 1020 610055 TOTAL CHECK 1020 1020 610056 610056 610056 1020 1020 610056 1020 610056 TOTAL CHECK 1020 610057 1020 610058 1020 610058 1020 610058 1020 610058 TOTAL CHECK 1020 610059 1020 610059 1020 610059 TOTAL CHECK 1020 610060 1020 1020 610061 610061 TOTAL CHECK 1020 610062 1020 610062 TOTAL CHECK 1020 610063 1020 610063 TOTAL CHECK ISSUE OT --------------VENDOR------------- FUND/OEPT oa/20/04 175 Oa/20/04 175 Oa/20/04 175 Oa/20/04 175 08/20/04 175 as/20/04 183 as/20/O4 la3 Oa/20/04 183 as/20/04 la3 as/20/04 183 oa/20/04 3097 oa/20/04 192 as/20/04 192 Oa/20/04 192 as/20/04 192 oa/20/04 1306 Oa/20/04 1306 as/20/04 1306 110a201 110a201 110a201 110 110 110 COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA 5606620 5606620 5606620 5606620 5606620 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 COTTON SHIRES & ASSO INC 110 CPR SAVERS AND FIRST AID 1104400 CUPERTINO MEDICAL CENTER 1108201 CUPERTINO MEOICAL CENTER 1108201 CUPERTINO MEDICAL CENTER 11as201 CUPERTINO MEDICAL CENTER 11as201 CUPERTINO SANITARY DISTR 5606620 CUPERTINO SANITARY OISTR 5606660 CUPERTINO SANITARY OISTR 5606640 oa/20/04 1955 CUPERTINO SENIOR TV 1101031 as/20/04 194 CUPERTINO SUPPLY INC 1108304 as/20/04 194 CUPERTINO SUPPLY INC 110a304 08/20/04 201 DAPPER TIRE CO 6308840 Oa/20/04 201 OAPPER TIRE CO 6308840 08/20/04 3177 NINA OARUWALLA 1104400 as/20/04 3177 NINA OARUWALLA 1104400 RUN DATE as/19/04 TIME as,44,2S n- - -OESCRIPTION- - ---- SALES TAX 1020 610053 Oa/20/04 2000 CINTAS 1020 610053 as/20/04 2000 CINTAS 1020 610053 Oa/20/04 2000 CINTAS TOTAL CHECK 1020 610054 as/20/04 1612 BARRIE 0 COATE 1020 610054 as/20/04 1612 BARRIE 0 COATE 1020 610054 08/20/04 1612 BARRIE 0 COATE TOTAL CHECK FY 2004-2005 OPEN PURC 0.00 FY 2004-2005 OPEN PURe 0.00 FY 2004-2005 OPEN PURe 0.00 0.00 HORTICULTURAL RVW SER 0.00 HORTICULTURAL RVW SER 0.00 HORTICULTURAL RVW SER 0.00 0.00 FOUNTAIN MACH. a/2004 0.00 FOUNTAIN MACH AUG2004 0.00 FOUNTAIN MACH AUG2004 0.00 FOUNTAIN MACH AUG2004 0.00 FOUNTAIN MACH AUG2004 0.00 0.00 GEOLOGIC RVW SERVICE 0.00 GEOLOGIC RVW SERVICE 0.00 GEOLOGIC RVW SERVICE 0.00 GEOLOGIC RVW SERVICE 0.00 GEOLOGIC RVW SERVICE 0.00 0.00 SUPPLIES 0.00 HEP B ROSALES 0.00 HEP MB SAKAI 0.00 HEP MB TABARES 0.00 HEP MB WALTON 0.00 0.00 SEWER SERV 7/1-6/30/4 0.00 SEWER SERV 7/1-6/30/4 0.00 SEWER SERV 7/1-6/30/4 0.00 0.00 MILEAGE/HISTORY PROJ 0.00 SUPPLIES 0.00 SUPPLIES 0.00 0.00 FY 2004-2005 OPEN PURC 0.00 FY 2004 -2005 OPEN PURe 0.00 0.00 SERVICE a/12-8/18 0.00 SERVICE a/05-8/11 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 61.36 61.36 394.96 517.68 1290. 00 450.7a 1087 ,50 282a.28 21. 70 21.70 21.70 21. 70 21. 70 las ,50 132a.90 1195.00 400.00 950.00 690.20 4564.10 261. 97 16.00 150. 00 150.00 150.00 466 .00 1018.20 2632.8a 378 .00 4O29.as 397.70 26.55 12.02 38.57 514.9a 22a.Oa 743.06 400.00 425.00 a25.00 ç -II, OB/19/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "08/16/2004" and "08/20/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEFT 1020 610064 08/20/04 2H DEPARTMENT OF TRANSPORTA 1108602 1020 610065 08/20/04 2795 DEVCON ASSOCIATES XVI 4239222 1020 610066 08/20/04 1104 DIVERSIFIED RISK 1104540 1020 610067 08/20/04 228 DUBAY'S TIRE SERVICE INC 6308840 1020 610068 08/20/04 1949 EVENT SERVICES 1108503 1020 610068 08/20/04 1949 EVENT SERVICES 11083H TOTAL CHECK 1020 610069 08/20/04 253 EXCHANGE LINEN SERVICE 5606620 1020 610070 08/20/04 260 FEDERAL EXPRESS CORP 110 1020 610070 08/20/04 260 FEDERAL EXPRESS CORP 110 1020 610070 08/20/04 260 FEDERAL EXPRESS CORP 110 1020 610070 08/20/04 260 FEDERAL EXPRESS CORP 110 TOTAL CHECK 1020 610071 08/20/04 268 FOSTER BROS SECURITY SYS 1108601 1020 610072 08/20/04 M FRAZIER. SHARON 5BO 1020 610073 08/20/04 273 FREMONT UNION H.S. DIST. 5806449 1020 610073 08/20/04 273 FREMONT UNION H.S. DIST. 5806449 TOTAL CHECK 1020 610074 08/20/04 M GAJULAPALLI, ANURADHA 580 1020 610075 08/20/04 2476 GARDEN EQUIPMENT CLINIC 1108201 1020 610076 08/20/04 281 GARDENLAND 1108407 1020 610076 08/20/04 281 GARDENLAND 1108407 TOTAL CHECK 1020 610077 08/20/04 296 KAREN GOTTLEIB 5806449 1020 610078 08/20/04 298 GRAINGER INC 6308840 1020 610078 08/20/04 298 GRAINGER INC 6308840 TOTAL CHECK 1020 610079 08/20/04 1766 GRANITE ROCK COMPANY 2708404 1020 610080 08/20/04 2630 GREGORY B. BRAGG & ASSOC 6204550 1020 610080 08/20/04 2630 GREGORY B. BRAGG & ASSOC 6204550 TOTAL CHECK 1020 610081 OB/20/04 329 HERNING UNDERGROUND SUPP 1108303 1020 610081 08/20/04 329 HERNING UNDERGROUND SUPP 1108830 RUN DATE 08/19/04 TIME 08,44,25 PAGE 4 --DESCRIPTION-- -- - - SALES TAX AMOUNT TRAFFIC SIGNAL SAFETY 0.00 101.28 TEMP LBRY RENT SEPT04 0.00 16180.00 BLOCK PARTIES AUG2004 0.00 501.87 IGNITION RPR A27201 0.00 353.77 RENTAL 7/1-7/31/04 0.00 162.38 RENTAL 7/27 0.00 324.75 0.00 487.13 FY 2004-2005 OPEN PURe 0.00 111.19 COURIER SERVICE 0.00 10.83 COURIER SERV R26400 0.00 10.83 COURIER SERV R26021 0.00 12:81 COURIER SERV R26135 0.00 H.38 0.00 48 .85 KEY/LOCK SUPPLIES 0.00 111.15 Refund, Check Return 0.00 750. 00 M.VISTA 7/1-8/13/04 0.00 11470.00 CUPERTINO HS 7/1-8/13 0.00 11470.00 0.00 22940.00 Refund, Check SUMMER 0.00 48.00 GARDEN SUPPLY 0.00 551.82 GARDEN SPLY A25586 0.00 465.46 GARDEN SPLY A25585 0.00 493.56 0.00 959.02 SERVICE AGREEMENT FOR 0.00 1680.00 FY 2004-2005 OPEN PURC 0.00 151. 98 FY 2004-2005 OPEN PURe 0.00 47.43 0.00 199.41 LANDSCAPE SUPPLIES 0.00 500.66 W. COMP CLAIMS 8/2004 0.00 1653.75 BILL REVW 7/2004 0.00 434.69 0.00 2088.44 AMERSON SBR -4W/TENON 0.00 1580.51 AMERSON SBR -4W/TENON 0.00 4827.89 FINANCIAL ACCOUNTING 5"'-/7 08/19/04 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "OS/16/2004" and "08/20/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT u_- - - -- -- -- - VENDOR-- -- -- - -- -- -- FUND/DEPT - - -- -DESCRIPTION- -- u - SALES TAX AMOUNT TOTAL CHECK 0.00 640S.40 1020 6100S2 OS/20/04 2612 RONALD HOGUE 5506549 SERVICE AGREEMENT FOR 0.00 200.00 1020 610083 OS/20/04 1951 HOMESTEAD F.F.C. INC 5S06349 BOWLING S/l1 A25759 0.00 174.00 1020 6100S4 OS/20/04 2027 MARSHA HOVEY 1104400 CARES SUPPLIES 0.00 89. Sl 1020 6100S4 OS/20/04 2027 MARSHA HOVEY 1104400 MRC SUPPLIES 0.00 29.79 1020 6100" OS/20/04 2027 MARSHA HOVEY 1104400 CERT SUPPLIES 0.00 33 .62 1020 6100S4 OS/20/04 2027 MARSHA HOVEY 1104400 CERT LAMINATIONS 0.00 7.74 1020 6100S4 OS/20/04 2027 MARSHA HOVEY 1104400 MRC TRAVEL 0.00 92.48 1020 6100S4 OS/20/04 2027 MARSHA HOVEY 1104400 VALLCO SUPPLIES 0.00 11. 57 TOTAL CHECK 0.00 265. 01 1020 6100S5 OS/20/04 M HUGUENARD. FRANK 5S0 Refund, Check SUMMER 0.00 >50.00 1020 610086 OS/20/04 M2005 I T E 270S405 MANUAL MUTCD-2 A25002 0.00 156.80 1020 610087 OS/20/04 252S INDOOR BILLBOARO 110S303 FY 2004-2005 OPEN PURe 0.00 83.52 1020 6100S7 OS/20/04 252S INDOOR BILLBOARD 110S314 FY 2004-2005 OPEN PURe 0.00 S3.51 1020 610087 OS/20/04 252S INDOOR BILLBOARD 110S312 FY 2004-2005 OPEN PURC 0.00 S3.51 1020 6100S7 OS/20/04 252S INDOOR BILLBOARD 1103315 FY 2004-2005 OPEN PURC 0.00 S3.51 1020 610087 OS/20/04 252S INDOOR BILLBOARD 1108302 FY 2004 -2005 OPEN PURC 0.00 S3. 52 TOTAL CHECK 0.00 417.57 1020 610088 OS/20/04 353 IRON MOUNTAIN 1104300 FV 2004-2005 OPEN PURe 0.00 563.35 1020 610089 03/20/04 2S13 JAReD 110S501 SUPPLIES 0.00 147.78 1020 610090 OS/20/04 22S5 KATHRYN KELLV JOESTEN 1106265 SERVICE AGREEMENT FOR 0.00 125.00 1020 610091 OS/20/04 1437 THE JUNGLE 5SO6349 DAYCAMP A2642S S/13 0.00 464 .06 1020 610091 OS/20/04 1437 THE JUNGLE 5806349 SMNRFINALE CMP A26435 0.00 3S2.S2 TOTAL CHECK 0.00 S46.88 1020 610092 03/20/04 879 KEYSER MARSTON ASSOCIATE 1107405 SERVICES 6/01-6/30/04 0.00 7771.25 1020 610093 OS/20/043013 KIDS KAB 5S06349 MALIBU TRANSPORTATION 0.00 315.00 1020 610094 OS/20/04 1630 KIDZ LOVE SOCCER INC 5306449 SERVICE AGREEMENT FOR 0.00 12437.00 1020 610095 OS/20/04 2335 KIMLEY-HORN & ASSOCIATES 4209544 SERVICE AGREEMENT FOR 0.00 5549.92 1020 610096 08/20/04 372 KINKO'S INC 520S003 POSTER MOUNT 21S31 0.00 25.9S 1020 610096 OS/20/04 372 KINKO'S INC 270S403 SUPPLIES 20127 0.00 4.33 TOTAL CHECK 0.00 30.31 1020 610097 OS/20/04 3067 KMVT 15 1101031 PUBLIC ACCESS JULY04 0.00 3224.16 1020 610098 08/20/04 3S5 LAB SAFETY SUPPLY 110S005 REPLACE 4500 PSI FIBER 0.00 924.55 RUN DATE OB/19/O4 TIME as ,44 ,25 - PINANCIAL ACCOUNTING )-[Ó OB/19/0' ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "OB/16/2004" and "OB/20/2004" FUNO - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 610099 1020 1020 1020 1020 1020 1020 1020 610100 610101 610102 610103 610104 610105 610106 1020 610107 1020 610107 1020 610107 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 61010B 610109 610110 610111 610112 610113 610114 610115 610116 610117 61011B 610119 610119 610119 610119 610119 610119 610119 610119 OB/20/04 M ISSUE DT --------------VENDOR------------- FUND/DEPT LE. DANA 5BO OB/20/04 392 OB/20/04 2999 OB/20/04 ME2005 OB/20/04 3213 OB/20/04 3209 OB/20/04 M2005 OB/ZO/04 3126 OB/20/04 40B 08/20/04 40B OB/20/04 40B 08/20/04 M 08/20/04 424 08/20/04 1796 08/20/04 M 08/20/04 435 08/20/04 444 08/20/04 448 08/20/04 2448 08/20/04 M 08/20/04 941 08/20/04 2639 08/20/04 493 08/20/04 493 08/20/04 493 08/20/04 493 08/Z0/04 493 08/20/04 493 08/20/04 493 08/20/04 493 LEAGUE OF CALIFORNIA CIT 1101500 LESCO 1108312 LEWIS, SUSAN saO6349 ODIN VENTURES, INC. 6309B20 LIQUID AGENCY INC. 4209548 LID, CHAO-YUE 110 LIVE OAK ADULT DAY SERVI 1107405 LOS GATOS MEAT & SMOKEHO 5606620 LOS GATOS MEAT & SMOKEHO 5606620 LOS GATOS MEAT & SMOKEHO 5606620 LOWELL, JANELLE 580 MARCHANT TRAVEL 5506549 MATOS AUTO TOWING 6308840 MELKOTE. PRADEEP 580 METAL BUILDING COMPANY 4209216 MINTON'S LUMBER 1108830 MISSION VALLEY FORD INC 6308840 MO. TERESA F. 5506549 MURRAY, YVONNE 580 MUZAK 5708510 NOVA PARTNERS INC 4239222 OFFICE DEPOT OFFICE DEPOT 5806249 1107503 1107503 1103300 1103300 1101000 1101200 110BI0l OFFICE DEPOT OFFICE OEPOT OFFICE OEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT RUN DATE DB/19/04 TIME OB ,44 ,25 --- --DESCRIPTION------ Refund, Check - SUMMER PLN COMM HANDBK 2004 FY 2004-2005 OPEN PURe BUS FARE SUMNR FINALE BED LINER A25581 SERVICE AGREEMENT FOR 45% PERF BOND RELEASE ALLIANCE/S.DAY CARE FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURe Refund, Check - Return MISSISSIPPI 10/10-17 TOWING 5/12 REFD, 287599 & 287601 STREET SOTRAGE BLDG SUPPLIES 15259 TRUCK REPAIRS SOCIAL EVENTS SUPPLY Refund, Check - SUMMER PER SCOPE OF WORK SPaR PUBLIC WORKS CONTRACT OFFICE SUPPLIES REF 253940751001 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 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 - FINANCIAL ACCOUNTING PAGE 6 AMOUNT 24.80 44.00 21.22 221. 50 490.00 2500.00 11250.00 750.00 307.75 2saO .37 568.27 3456.39 750.00 63437.88 125.00 116.00 11000.00 IB .48 3430.45 99.26 200. 00 2847. 00 41912.50 486 .80 -129.77 169.51 411.29 43 .29 418.84 33.11 121.29 c;- -/1 Q~/l9IQ' ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 1 SELECTION CRITERIA, ,trans_date between "08/16/2004" and "08/20/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -_u-DESCRIPTION------ SALES TAX AMOUNT 1020 610119 08/20/04 493 OFFICE DEPOT 5806249 OFFICE SUPPLIE 0.00 161. 03 1020 610119 08/20/04 493 OFFICE DEPOT 1107503 OFFICE SUPPLIES 0.00 72.74 1020 610119 08/20/04 493 OFFICE DEPOT 5806249 OFFICE SUPPLIES 0.00 421.16 TOTAL CHECK 0.00 2209.69 1020 610120 08/20/04 M OKAZAKI. FUSAKO 580 Refund, Check - SUMMER 0.00 712.80 1020 610121 08/20/04 500 OPERATING ENGINEERS PUB 1104510 H & W PW RETIRED SPL 0.00 3812.50 1020 610121 08/20/04 500 OPERATING ENGINEERS PUB 110 H & W PW EMPLOYEES 0.00 4436.00 TOTAL CHECK 0.00 8248.50 1020 610122 08/20/04 981 ORCHARD SUPPLY HARDWARE 1108201 SUPPLIES 0.00 113.25 1020 610123 08/20/04 505 ORLANDI TRAILER 6308840 TRUCK TRAILER SUPPLY 0.00 573.53 1020 610123 08/20/04 505 ORLANDI TRAILER 1108312 SUPPLIES 20394 0.00 15.13 TOTAL CHECK 0.00 588.66 1020 610124 08/20/04 M PARVATHANENI, SYAM KUMAR 580 Refund, Check - SUMMER 0.00 26 ,50 1020 610125 08/20/04 545 JEFF PISERCHIO 5606640 SERVICES 8/04-a/17/04 0.00 1995. 00 1020 610126 08/20/04 2649 QUILL 1101500 OFFICE SUPPLIES 0.00 11.96 1020 610126 Oa/20/04 2649 QUILL 1101500 OFFICE SUPPLIES 0.00 73.59 TOTAL CHECK 0.00 85.55 1020 610127 Oa/20/O4 M2005 RANCHO VERDE CDC 560 REFUND PICNIC OEPOSIT 0.00 100.00 1020 610128 08/20/04 590 RICH VOSS TRUCKING INC 5208003 TRUCKING COMPOST JUL4 0.00 700. 00 1020 610129 08/20/04 2494 S&CFORD 6309820 2004 F251 4X2 STYLESID 0.00 1821a. 06 1020 610130 08/20/04 621 THE MERCURY NEWS 5606620 ADVERTISEMENT 0.00 624. 00 1020 610131 08/20/04 979 CITY OF SAN JOSE 5806349 H. HALLOW ADM A25757 0.00 385. 00 1020 610132 08/20/04 2875 RICOH CUSTOMER FINANCE C 1104310 JO131303354 AUG2004 0.00 114.66 1020 610133 08/20/04 2692 SBC 1108501 7/8-8/7 0.00 55.21 1020 610133 Oa/20/04 2692 SBC 1108501 7/8-8/7 0.00 55.21 1020 610133 08/20/04 2692 SBC 5708510 7/8-8/7 0.00 55.21 1020 610133 08/20/04 2692 SBC 1108501 7/8-8/7 0.00 55.21 TOTAL CHECK 0.00 220.84 1020 610134 08/20/04 511 SBC/MCI 1108501 #2522405 JULY2004 0.00 16.30 1020 610134 08/20/04 511 SBC/MCI 1108501 #5171195 JULY2004 0.00 87.71 TOTAL CHECK 0.00 104. 01 1020 610135 08/20/04 M SELL. TRINA 580 Refund, Check - SUMMER 0.00 31. 00 1020 610136 08/20/04 M SHIH, EMILY 580 Refund, Check SUMMER 0.00 495.20 RUN DATE 08/19/04 TIME 08,44,25 - FINANCIAL ACCOUNTING s- - 2.J) DB/19/04 CITY OF CUPERTINO PAGE B ACCOUNTING PERIOO, 2/05 CHECK REGISTER ~ DISBURSEMENT FUND SELECTION CRITERIA, . trans~date between "08/16/2004" and "oB/2O/2O04" FUND no ~ GENERAL FUND CASH ACCT CHECK NO ISSUE DT ----------~--~VENDOR----~-------- FUND/DEPT -- -- ~DESCRIPTION-- -- ~ ~ SALES TAX AMOUNT 1020 610137 08/20/04 2051 SIADAT ENTERPRISES. INC. 6308840 CAR WASHES 7/I~7!31/4 0.00 123.50 1020 61013B OB/20/04 M SILVEIRA, ROCHELLE 580 Refund, Check ~ SUMMER 0.00 327.00 1020 610139 OB/20/04 659 SKYRAWKS SPORTS ACADEMY 5806449 SERVICE AGREEMENT FOR 0.00 25464 .00 1020 610140 08/20/04 2810 SMART & FINAL 5BO6449 SUPPLIES A26434 0.00 57.01 1020 610141 OB/20/04 2088 SPECIALTY TECHNICAL PUBL nOBO05 SUBSCRIPTION 0.00 60.00 1020 610141 OB/20/O4 2088 SPECIALTY TECHNICAL PUBL nOBO05 VEHICLE MAINT GUIDE 0.00 435.00 TOTAL CHECK 0.00 495.00 1020 610142 OB/20/O4 6n STANDARD BUSINESS MACHIN 4239222 CANNON IR20IOF COPIER 0.00 352.90 1020 610143 OB/20/04 31n STAPLES BUSINESS ADVANTA n045IO OFFICE SUPPLIES 0.00 6.05 1020 610143 OB/20/O4 31 n STAPLES BUSINESS ADVANTA n04510 OFFICE SUPPLIES 0.00 31.36 1020 610143 OB/20/04 3In STAPLES BUSINESS ADVANTA nO6265 OFFICE SUPPLIES 0.00 305.69 1020 610143 OB/20/04 31n STAPLES BUSINESS ADVANTA 2607401 OFFICE SUPPLIES 0.00 3.59 lO20 610143 OB/20/04 31 n STAPLES BUSINESS ADVANTA n04310 OFFICE SUPPLIES 0.00 128.49 1020 610143 OB/20/O4 31 n STAPLES BUSINESS ADVANTA 5BO6249 OFFICE SUPPLIES 0.00 12.44 1020 610143 OB/20/04 3In STAPLES BUSINESS ADVANTA 26074or OFFICE SUPPLIES 0.00 50.B5 TOTAL CHECK 0.00 53B.47 1020 610144 OB/20/04 ME2005 STIEGLITZ. ALAINE 5806349 PRESCHOOL SUPPLIES O. GO 144.Bl lazO 610145 OB/2O/O4 M SU, VICKY 580 Refund, Check ~ SUMMER O. GO 90 .00 lazO 610146 OB/20/O4 529 SUNGARO PENTAMATION, INC 6104800 DATALINE CHRGS JULY04 0.00 40.5B lazO 610147 OB/2O/O4 1825 SUPERIOR FRICTION 6308840 BRAKE PARTS A25590 O. 00 355.98 1020 610147 OB/2O/O4 1825 SUPERIOR FRICTION 6308840 DISC PADS A25588 0.00 63.n TOTAL CHECK O. 00 419. G9 IazO 6IOHB OB/2O/04 2045 SVCN n04300 FY 2004~2005 OPEN PURe 0.00 154. 00 1020 610HB 08/20/04 2045 SVCN n04300 FY 2004~2005 OPEN PURe o. 00 3B.50 1020 610HB OB/20/04 2045 SVCN n04300 FY 2004~2005 OPEN PURe 0.00 47.30 1020 610HB 08/20/04 2045 SVCN n04300 FY 20O4~2005 OPEN PURe O. GO 71.50 TOTAL CHECK O. GO 3n.30 1020 610149 08/20/04 3013 SWINERTON BUILDERS 4239222 PUBLIC WORKS CONTRACT 0.00 1567819. 00 1020 6lO150 OB/2O/O4 695 SYSCO FOOD SERVICES OF S 5606620 FY 2O04~2O05 OPEN PURC O. GO 35.94 1020 61GI50 08/20/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2GO4~2GO5 OPEN PURe O. GO ~23. 90 1020 610150 08/20/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2GO4~2O05 OPEN PURe O. GO 4278 .19 TOTAL CHECK 0.00 4290.23 1020 610151 08/20/04 7GO TARGET SPECIALTY PROOUCT n08407 FY 2GO4 ~2O05 OPEN PURe O. GO 407.65 1020 610152 08/20/04 701 TARGET STORES 5806349 SUPPLIES 25590 O. GO 19.99 1020 610152 08/20/04 701 TARGET STORES 5706450 SUPPLIES A2569' O. GO 135.12 1020 510152 08/20/04 701 TARGET STORES 5806349 SUPPLIES 25566 0.00 30.19 RUN DATE 08/19/04 TIME 08,44,25 FINANCIAL ACCOUNTING 5-21 08/1910. ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, tran'act.tran,_date between "08/H/2004" and "08/20/2004" FUND 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- -------- FUND/DEPT TOTAL CHECK 1020 610153 08/20/04 20oa TECH MUSEUM OF INNOVATIO 5806349 1020 610154 08/20/04 2809 TESTING ENGINEERS INC 4239222 1020 610155 oa/20/04 M TSUNG, SOPHIA 580 1020 610156 oa/20/O4 3170 TY LIN INTERNATIONAL/CCS 1108601 1020 610157 oa/20/04 738 VALLEY OIL COMPANY 6308840 1020 610158 oa/20/04 310 VERIZON WIRELESS 6104800 1020 610158 08/20/04 310 VERIZON WIRELESS 1107503 1020 610158 08/20/04 310 VERIZON WIRELESS 1108201 1020 610158 08/20/04 310 VERIZON WIRELESS 1101200 1020 610158 oa/2O/04 310 VERIZON WIRELESS 1108504 1020 610158 08/20/04 310 VERIZON WIRELESS 1108501 1020 610158 08/20/04 310 VERIZON WIRELESS 1104530 1020 610158 08/20/04 310 VERIZON WIRELESS 1108102 1020 610158 08/20/04 310 VERIZON WIRELESS lloa503 1020 610158 oa/20/04 310 VERIZON WIRELESS 5606620 1020 610158 08/20/04 310 VERIZON WIRELESS 1108602 1020 610158 08/20/04 310 VERIZON WIRELESS 1107501 1020 610158 oa/20/04 310 VERIZON WIRELESS 5208003 1020 610158 oa/20/04 310 VERIZON WIRELESS 1108505 1020 610158 oa/20/O4 310 VERIZON WIRELESS 5806649 1020 610158 08/20/04 310 VERIZON WIRELESS lloaO05 TOTAL CHECK 1020 610159 08/20/04 754 BARBARA WALTON 5806449 1020 610160 08/20/04 2062 WATER PROOFING ASSOCIATE 1108501 1020 610161 08/20/04 761 WEDEMEYER BAKERY 5606620 1020 610162 oa/2O/O4 2969 WIC, WONDER ICE CREAM 01 5606620 1020 610H2 08/20/04 2969 WIC, WONDER ICE CREAM 01 5606620 1020 610162 08/20/04 2969 WIC, WONDER ICE CREAM 01 5606620 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT RUN DATE oa/19/04 TIME 08,",25 PAGE 9 -----DESCRIPTION---- -- SALES TAX AMOUNT 0.00 185.30 ADM 8/11 17464 0.00 376.00 CC&L PROJECT TESTING 0.00 70.00 RFOS, 285696 & 285697 0.00 62.00 3 YR FOLLOW UP TRAFFIC 0.00 9600.00 FY 2004-2005 OPEN PURe 0.00 4295.91 #408456999 JULY2004 0.00 48.41 #408456999 JULY2004 0.00 259.80 #408456999 JULY20O4 0.00 501.11 #408456999 JULY20O4 0.00 48.40 #408456999 JULY20O4 0.00 370.84 #408456999 JULY2004 0.00 647.96 #408456999 JULY20O4 0.00 226 .17 #408456999 JULY20O4 0.00 151.93 #408456999 JULY20O4 0.00 94 .17 #408456999 JULY2004 0.00 46.28 #408456999 JULY2004 0.00 210.95 #408456999 JULY2004 0.00 56.85 #408456999 JULY2004 0.00 ".42 #408456999 JULY2004 0.00 88.84 #408456999 JULY20O4 0.00 " .42 #408456999 JULV20O4 0.00 63.00 0.00 2903.55 SERVICE AGREEMENT FOR 0.00 560.00 TIME/MATERIALS 0.00 274.00 FY 2004-2005 OPEN PURe 0.00 530.75 FV 2004-2005 OPEN PURe 0.00 -34.52 FY 2004-2005 OPEN PURe 0.00 -49.19 FY 2004-2005 OPEN PURC 0.00 277.46 0.00 193.75 0.00 1966605.01 0.00 1966605.01 0.00 1966605.01 - FINANCIAL ACCOUNTING )-2.2-- DRAFT RESOLUTION NO. 04-389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING AUGUST 27, 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: {!la~ I? alz~~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of September, 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5""-2-3 08/26/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND FUND SELECTION CRITERIA, transact-trans_date between "08/23/2004" and "08/27/2004" 110 - GENERAL FUND CASH ACeT CHECK NO 1020 610163 1020 610164 1020 610165 1020 610166 1020 610166 1020 610166 TOTAL CHECK 1020 610167 1020 610168 1020 610169 1020 610170 1020 610171 1020 610171 TOTAL CHECK 1020 610172 1020 610173 1020 610173 TOTAL CHECK 1020 610174 1020 610175 1020 1020 1020 610176 610176 610176 TOTAL CHECK 1020 610177 1020 610178 1020 610179 1020 610180 1020 610181 1020 610181 TOTAL CHECK 1020 610182 08/27/04 2084 ISSUE DT -hh_-----h-VENDORh_h_hhh- FUND/DEPT 08/27/04 M2005 08/27/04 1251 08/27/04 968 08/27/04 968 08/27/04 968 08/27/04 2764 08/27/04 2134 08/27/04 1024 08/27/04 2953 08/27/04 2232 08/27/04 2232 08/27/04 3089 08/27/04 1057 08/27/04 1057 08/27/04 1156 08/27/04 2769 08/27/04 158 08/27/04 158 08/27/04 158 08/27/04 M2O05 08/27/04 ME2005 08/27/04 M2005 08/27/04 2871 08/27/04 178 08/27/04 178 08/27/04 184 RUN DATE 08/26/04 TIME 07,",43 A.M. BEST COMPANY, INC. 1108101 ABINATI, NAOMI 110 ALLIANCE TITLE 1108601 BAP AUTO PARTS BAP AUTO PARTS BAP AUTO PARTS 6308840 6308840 6308840 CAe E 1104530 CALENDARS 1104300 CALIFORNIA JOURNAL 1103300 ERIN CALLAGHAN 5806249 CARIAGA, LOUROES CARIAGA. LOURDES 110 110 CEITRONICS. INC. 4239222 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CRA 110 CHARLES M SALTER ASSOCIA 4239222 CHEMSEARCH CHEMSEARCH 1108303 6308840 CHEMSEARCH 6308840 CHEN, JERRY 110 CHESSEN, DEBBIE 5806349 CHIEN. SHING CHI 110 JACKSON CHOW 5806249 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 JAMES COURTNEY 5606620 -hhDESCRIPTIONhh-- ,SALES TAX KEY RATING BOOKS 0.00 UNUSED GEOLOGIC DPST 0.00 TITLE SEARCH FOR 10197 0.00 FY 2004-2005 OPEN PURe 0.00 FY 2004-2005 OPEN PURC 0.00 FY 2004-2005 OPEN PURe 0.00 0.00 ANNUAL SEMINAR (3) 0.00 2005 PLANNER 0.00 ONE YEAR SUBSCRIPT 0.00 SERVICE AGREEMENT FOR 0.00 CSGARlISMNT 0.00 SSGARlISMNT 0.00 0.00 PUBLIC WORKS CONTRACT 0.00 'FLEX DEP/240125 0.00 -FLEX HLTH/240125 0.00 0.00 eRA 0.00 SERV 6/16-7/15 0.00 SUPPLIES A25596 0.00 SUPPLIES A25597 0.00 SUPPLIES A25597 0.00 0.00 UNUSED ARCHITECT DPST 0.00 PRESCHOOL SUPPLIES 0.00 SW BOND RELEASE 0.00 SERVICE AGREEMENT FOR 0.00 -COLONIAL/E7013899 0.00 COLONIAL/E7 013 899 0.00 0.00 SERVICE AGREEMENT FOR 0.00 - FINANCIAL ACCOUNTING CßJ PAGE 1 AMOUNT 269.90 453.59 500.00 44.46 55.52 165 .67 265.65 825.00 55.20 43.00 703.50 306.50 103.84 410.34 214228.78 151. 92 771.03 922.95 117.00 1629.97 518.18 59.88 166 .36 744.42 23.66 167.54 3450.00 1081.25 283.08 363.17 646.25 100.00 S- -¿L( 08/26/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 2 SELECTION CRITERIA, transacLtrans_date between "08/23/2004" and "08/27/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT u_--u-_uu-VENDOR----uuu_-- FUND/DEPT -nuDESCRIPTION-uu- SALES TAX AMOUNT 1020 610183 08/27/04 3121 CREATIVE GROUP 4259313 K. BOUVIER 7/09 0.00 378.00 1020 610183 08/27/04 3121 CREATIVE GROUP 4259313 K.BOUVIER 6/25 0.00 378.00 1020 610183 08/27/04 3121 CREATIVE GROUP 4259313 K.BOUVIER 7/02 0.00 540.00 1020 610183 08/27/04 3121 CREATIVE GROUP 4259313 K.BOUVIER 7/16 0.00 324.00 TOTAL CHECK 0.00 1620.00 1020 610184 08/27/04 197 CTC FUNDING, LLC nO1500 SEPT04 RENT ATTORNEY 0.00 3225.00 1020 610185 08/27/04 1579 CUPERTINO LOC-N-STOR LLC n08501 G-34 SEPT 2004 RENT 0.00 217.00 1020 610185 08/27/04 1579 CUPERTINO LOC-N-STOR LLC n08503 G-33 SEPT 2004 RENT 0.00 217.00 TOTAL CHECK 0.00 434.00 1020 610186 08/27/04 192 CUPERTINO MEDICAL CENTER nO82O1 HEP B/LA BRIE 0.00 70.00 1020 610186 08/27/04 192 CUPERTINO MEDICAL CENTER n08201 HEP B/LAITILA 0.00 70.00 1020 610186 08/27/04 192 CUPERTINO MEDICAL CENTER 5806449 TB/ROSS 0.00 15.00 1020 610186 08/27/04 192 CUPERTINO MEDICAL CENTER n08201 HEP B /LOMAN 0.00 16.00 1020 610186 08/27/04 192 CUPERTINO MEDICAL CENTER 5806449 TB/WANG 0.00 15.00 TOTAL CHECK 0.00 186.00 1020 610187 08/27/04 194 CUPERTINO SUPPLY INC 5606620 FY 2004-2005 OPEN PURe 0.00 20.55 1020 610188 08/27/04 M D Y S L 580 REPLACE CK 608588 0.00 300.00 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08507 SPEC CLEANUP 8/10-13 0.00 450.00 1020 610190 08/27/04 209 DE ANZA SERVICES INC n085n JANITORIAL AUG2004 0.00 n63 .89 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08501 JANITORIAL AUG2004 0.00 2399.88 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08502 JANITORIAL AUG2004 0.00 1665.66 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08503 JANITORIAL AUG2004 0.00 2008.63 1020 610190 08/27/04 209 DE ANZA SERVICES INC nO8303 JANITORIAL AUG2004 0.00 1500.n 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108315 JANITORIAL AUG2004 0.00 750.07 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108407 JANITORIAL AUG200, 0.00 1018.96 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108314 JANITORIAL AUG2004 0.00 -133.00 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08314 OVERCHARGE 0.00 -1906.34 1020 610190 08/27/04 209 DE ANZA SERVICES INC 5606640 JANITORIAL AUG2004 0.00 901.29 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108508 JANITORIAL AUG2004 0.00 141.53 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08314 JANITORIAL AUG2004 0.00 4500.39 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08505 JANITORIAL AUG2004 0.00 3535.12 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108302 JANITORIAL AUG2004 0.00 750.07 1020 610190 08/27/04 209 DE ANZA SERVICES INC nO8303 ADJ FEB-JULY04 0.00 67.22 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108314 ADJ FEB-JULY04 0.00 67.22 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08315 ADJ FEB-JULY04 0.00 67 .22 1020 610190 08/27/04 209 DE ANZA SERVICES INC 5606620 SERVICE PARK 8/01 0.00 189.00 1020 610190 08/27/04 209 DE ANZA SERVICES INC 1108509 JANITORIAL AUG2004 0.00 714.28 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08506 JANITORIAL AUG2004 0.00 346.84 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08504 JANITORIAL AUG2004 0.00 6244.50 1020 610190 08/27/04 209 DE ANZA SERVICES INC 5708510 JANITORIAL AUG2004 0.00 5311. 03 1020 610190 08/27/04 209 DE ANZA SERVICES INC n08507 JANITORIAL AUG2004 0.00 2228.38 TOTAL CHECK 0.00 33981.95 1020 610191 08/27/04 676 DEPARTMENT OF JUSTICE n04510 FINGERPRINTS JULYO' 0.00 96.00 RUN DATE 08/26/04 TIME 07,59,44 - FINANCIAL ACCOUNTING )-2) OB/2G/ 04 CITY OF CU~ERT1\10 ~/o.GE , ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans~date between "08/23/2004" and "08/27/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT nnnnnnnVENDORnnnnnn- FUND/DEPT nn-DESCRIPTION-nn- SALES TAX AMOUNT 1020 610192 08/27/04 3218 DEPT OF HOUSING & URBAN 261 HCD INYSTMNT EARNINGS 0.00 10218.42 1020 610193 08/27/04 850 DIODAMS AMAZING PARTY ST 1106342 SUPPLIES A26433 0.00 52.45 1020 610193 08/27/04 850 DIDDAMS AMAZING PARTY ST 1106342 SUPPLIES 25565 0.00 17.98 TOTAL CHECK 0.00 70.43 1020 610194 08/27/04 1242 DIGITAL PRINT IMPRESSION 1104100 LPO PURCHASE ORDERS 0.00 481.56 1020 610194 08/27/04 1242 DIGITAL PRINT IMPRESSION 1104310 LETTERHEAD ENY 5K 0.00 1131.31 1020 610194 08/27/04 1242 OIGITAL PRINT IMPRESSION 1104100 ENY/", & WINDOW 0.00 1100.99 1020 610194 08/27/04 1242 DIGITAL PRINT IMPRESSION 1101000 B.CARDS/K.WANG DBLSD 0.00 263.89 TOTAL CHECK 0.00 2977.75 1020 610195 08/27/04 M2o05 DO, DAVID 110 UNUSED NOTICE DPST 0.00 144. 04 1020 610196 08/27/04 3038 RALPH DGEISCH 5806249 SERVICE AGREEMENT FOR 0.00 2696. 00 1020 610197 08/27/04 239 ELECTRICAL DISTRIBUTORS 1108407 SUPPLIES 0.00 286.20 1020 610198 08/27/04 242 EMPLOYMENT DEVEL DEPT 110 SIT/932-0o14-5 0.00 17147.89 1020 610199 08/27/04 243 EMPLOYMENT DEVELOPMENT 110 SDI/776-526o-o 0.00 1089.00 1020 610200 08/27/04 253 EXCHANGE LINEN SERVICE 5606620 PY 2004-2005 OPEN PURe 0.00 551. 94 1020 610201 08/27/04 260 FEDERAL EXPRESS CORP 110 COURIER SERVICES 0.00 39.12 1020 610202 08/27/04 2361 FIRST BANKCARD 1108502 AUG20O4 STATEMENT 0.00 50.65 1020 610202 08/27/04 2361 FIRST BANKCARD 1108503 AUG2oo4 STATEMENT 0.00 38. 9S TOTAL CHECK 0.00 89.60 1020 610203 08/27/04 2361 FIRST BANKCARD 1101000 AUG2004 STATEMENT 0.00 192.70 1020 610203 08/27/04 2361 FIRST BANKCARO 1104400 AUG2oO4 STATEMENT 0.00 549.40 TOTAL CHECK 0.00 742.10 1020 610204 08/27/04 2361 FIRST BANKCARD 1108501 AUG2004 STATEMENT 0.00 600.22 1020 610204 08/27/04 2361 FIRST BANKCARD 1108503 AUG2004 STATEMENT 0.00 230.97 1020 610204 08/27/04 2361 FIRST BANKCARD 4259313 AUG2oO4 STATEMENT 0.00 49.90 1020 610204 08/27/04 2361 PIRST BANKCARD 1107504 AUG2o04 STATEMENT 0.00 291.40 1020 610204 08/27/04 2361 FIRST BANKCARD 1108502 AUG2oo4 STATEMENT 0.00 16 .07 1020 610204 08/27/04 2361 PIRST BANKCARD 5708510 AUG20O4 STATEMENT 0.00 30.31 1020 610204 08/27/04 2361 FIRST BANKCARD 4239222 AUG2oo4 STATEMENT 0.00 752.44 TOTAL CHECK 0.00 1971. 31 1020 610205 08/27/04 2361 FIRST BANKCARD 6104800 AUG STMT 0.00 497. 00 1020 610205 08/27/04 2361 FIRST BANKCARD 1104000 AUG STMT 0.00 67.55 1020 610205 08/27/04 2361 FIRST BANKCARD 1103600 AUG STMT O. 00 1495. 00 1020 610205 08/27/04 2361 FIRST BANKCARD 5606640 AUG STMT 0.00 45.95 1020 610205 08/27/04 2361 FIRST BANKCARD 1101200 AUG STMT 0.00 35.98 TOTAL CHECK 0.00 2141.48 RUN DATE 08/26/04 TIME 07,59,44 FINANCIAL ACCOUNTING )-u OB/26/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO PAGE 4 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact.trans_date between "08/23/2004" and "08/27/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR--- ---------- FUND/DEPT - - ---DESCRIPTION----- - SALES TAX AMOUNT 1020 610206 08/27/04 2361 FIRST BANKCARD 1108503 AUG2004 STATEMENT 0.00 26.95 1020 610206 08/27/04 2361 FIRST BANKCARD 1108304 AUG2004 STATEMENT 0.00 15.46 1020 610206 OS/27/04 2361 FIRST BANKCARD 1108502 AUG2004 STATEMENT 0.00 12.93 TOTAL CHECK 0.00 55.34 1020 610207 08/27/04 2361 FIRST BANKCARD 1103500 AUG2004 STATEMENT 0.00 1279.03 1020 610207 08/27/04 2361 FIRST BANKCARD 1101000 AUG2004 STATEMENT 0.00 41.64 1020 610207 08/27/04 2361 FIRST BANKCARD 1101200 AUG2004 STATEMENT 0.00 31. 46 1020 610207 OS/27/04 2361 FIRST BANKCARD 1101300 AUG2004 STATEMENT 0.00 307.38 TOTAL CHECK 0.00 1659.51 1020 610208 08/27/04 2361 FIRST BANKCARD 1108201 AUG2004 STATEMENT 0.00 300.03 1020 610209 OS/27/04 2361 FIRST BANKCARD 1108511 AUG2 004 STATEMENT 0.00 21. 61 1020 610209 OS/27/04 2361 FIRST BANKCARD 1108501 AUG2004 STATEMENT 0.00 4.74 1020 610209 08/27/04 2361 FIRST BANKCARD 1108503 AUG2004 STATEMENT 0.00 57.34 1020 610209 08/27/04 2361 FIRST BANKCARD 1108314 AUG2004 STATEMENT O. 00 83.74 1020 610209 08/27/04 2351 FIRST BANKCARD 1108505 AUG2004 STATEMENT 0.00 103.a3 1020 510209 08/27/04 2361 FIRST BANKCARD 4239222 AUG2004 STATEMENT 0.00 43.14 1020 510209 Oa/27/04 2361 FIRST BANKCARO l1OS507 AUG2004 STATEMENT 0.00 27.51 TOTAL CHECK 0.00 341.91 1020 610210 OS/27/04 262 FIRST PLACE INC 1104300 NAME PLATE SIGN 0.00 22.24 1020 610211 OS/27/04 274 FRY'S ELECTRONICS 6104BOO CABLES A25"4 0.00 110 .27 1020 610212 Oa/27/04 281 GARDENLAND 27OS404 PARTS/SUPPLIES 0.00 1128 .33 1020 610212 OS/27/04 281 GARDENLAND l1OS4OS PARTS/SUPPLIES A25595 0.00 490 .04 1020 610212 oa/27/04 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURe 0.00 93 .10 1020 610212 OS/27/04 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURC 0.00 109.52 1020 610212 OS/27/04 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURC 0.00 96 .26 1020 610212 OS/27/04 281 GARDENLAND 5308840 FY 2004-2005 OPEN PURe 0.00 43.97 1020 610212 08/27/04 281 GAROENLAND 6308840 FY 2004-2005 OPEN PURe 0.00 294.19 TOTAL CHECK 0.00 2255.41 1020 610213 OS/27/04 M2005 GERA, NICOLAS 110 UNUSED NOTICE DPST 0.00 277 .46 1020 610214 OS/27/04 M2005 GILL. MANZUR 110 UNDSED NOTICE DPST 0.00 126.38 1020 610215 OS/27/04 292 GOLFLAND USA 5806349 ADMISSION 8/19 A26436 0.00 207.00 1020 610215 OS/27/04 298 GRAINGER me 2708405 SUPPLIES A27200 0.00 19 .54 1020 610216 08/27/04 298 GRAINGER INC 2708405 SUPPLIES A27200 0.00 150.79 1020 610216 OS/27/04 298 GRAINGER INC 1108504 FY 2004-2005 OPEN PURC 0.00 278.81 1020 610216 OS/27/04 298 GRAINGER INC 1108505 FY 2004-2005 OPEN PURC 0.00 18.55 TOTAL CHECK 0.00 467.69 1020 610217 08/27/04 M HANSEN. JODY 580 Refund, Check - Return 0.00 300.00 1020 61021a 08/27/04 3026 HEALTH CARE DENTAL TRUST 110 ADJ /BURNETT (CEA) 0.00 -96 .a4 1020 610218 08/27/04 3026 HEALTH CARE DENTAL TRUST 110 UNREP 1539-0004 0.00 3979.29 RUN DATE 08/25/04 TIME 07,59", FINANCIAL ACCOUNTING ç-2-( 08/26/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER ~ DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "08/23/2004" and "08/27/2004" FUND ~ 110 ~ GENERAL FUND CASH ACCT CHECK NO ISSUE DT ~~h~hh----~VENDOR----~--~----~ FUND/DEPT 1020 1020 08/27/043026 08/27/04 3026 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 610218 610218 TOTAL CHECK 1020 610219 08/27/04 3111 HOBEE'S OE ANZA 1101000 1020 610220 08/27/04 1951 HOMESTEAD F.F.C. INC 5806349 1020 610221 08/27/04 M2005 HUNG. HUE I ~HWANG 110 1020 610222 08/27/04 M2005 HUNG. VICTOR 110 1020 610223 08/27/04 343 leMA RETIREMENT TRUST~45 110 1020 610224 08/27/04 2528 INDOOR BILLBOARD HO8312 1020 610224 08/27/04 2528 INDOOR BILLBOARD 1108314 1020 610224 08/27/04 2528 INDOOR BILLBOARD 1108303 1020 610224 08/27/04 2528 INDOOR BILLBOARD 1108302 1020 610224 08/27/04 2528 INDOOR BILLBOARD 1108315 TOTAL CHECK 1020 610225 08/27/04 2285 KATHRYN KELLY JOESTEN 1106265 1020 610226 08/27/04 879 KEYSER MARSTON ASSOCIATE 1107405 1020 610227 08/27/04 M2005 KUNG, IRENE 110 1020 610228 08/27/04 382 DAYTON PRINTING INC. 5506549 1020 610229 08/27/04 1396 LIEBERT CASSIDY WHITMORE 1104510 1020 610230 08/27/04 2357 LIGHTHOUSE 6308840 1020 610231 08/27/04 404 LONGS DRUG STORES #260 5806349 1020 610232 08/27/04 1599 MANAGEO HEALTH NETWORK I 1104510 1020 610233 08/27/04 M2005 MARRIOTT SENIOR LIVING S 110 1020 610234 08/27/04 986 MATTHEW BENDER & COMPANY 1101500 1020 610234 08/27/04 986 MATTHEW BENDER & COMPANY 1101500 1020 610234 08/27/04 986 MATTHEW BENDER & COMPANY 1101500 1020 610234 08/27/04 986 MATTHEW BENDER & COMPANY 1101500 TOTAL CHECK 1020 610235 08/27/04 2567 MISDU 110 1020 610236 08/27/04 2726 .. MOSS & BARNETT 1101031 1020 610237 08/27/04 M2005 MR. DAVID FaNG, PRESIDEN 1103300 RUN DATE 08/26/04 TIME 07,59,44 PAGE 5 -- ~ ~ ~DESCRIPTION-- -- -- SALES TAX AMOUNT OE3 1539~0005 0.00 4299.96 CEA 1539~0006 0.00 6197.76 0.00 14380.17 MAYOR BRKFST MTG AUG4 0.00 109.02 BOWLING 8/19 A26437 0.00 234.00 UNUSED NOTICE DPST 0.00 182.50 SW BOND RELEASE 0.00 3600.00 'ICMA 0.00 5600.20 FY 2004~2005 OPEN PURe 0.00 75.29 FY 2004~2005 OPEN PURe 0.00 75.29 FY 2004~2005 OPEN PURe 0.00 75.29 FY 2004 ~2005 OPEN PURe 0.00 75.29 FY 2004 ~2005 OPEN PURC 0.00 75.29 0.00 376.45 SERVICE AGREEMENT FOR 0.00 25.00 PLANNING CONTRACT THRU 0.00 7536 .48 DEV MAINT FEE REFD 0.00 427.36 SEPT/OCT SR. NEWSLTR 0.00 606.20 CO060/BARGAIN ISSUES 0.00 48.00 TRAFFIC ADV A27202 0.00 462.19 BUS TOKENS A26441 0.00 67 .60 EMPLYEE ASST SEPT04 0.00 912.27 LEGAL/NOTICE DPST 0.00 985.11 BOOKS & PUBLICATIONS 0.00 ~441. 98 BOOKS & PPUBLlCATIONS 0.00 103.71 BOOKS & PUBLICATIONS 0.00 32.48 BOOKS & PUBLICATIONS 0.00 392.58 0.00 86.79 J TRYBUS 385960533 0.00 221. 50 LEGAL SERV/GEN CABLE 0.00 154.00 SISTER CITY ATTNV FEE 0.00 1150.00 ~ FINANCIAL ACCOUNTING <)'-21' 08/26/04 CITY OF CUPERTINO P1>.GE 6 ACCOUNTING PERIOD, 2/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between "08/23/2004" and "08/27/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT __nnn- -- - - -VENDOR- - - - - _nn _n FUND/DEPT --_nDESCRIPTIONn- n- SALES TAX AMOUNT 1020 610238 08/27/04 M MURTAGH. RICHARD 580 Refund, Check - FALL, 0.00 39 .00 1020 610239 08/27/04 471 MYERS TIRE SUPPLY COMPAN 6308840 SUPPLIES A25509 0.00 388.62 1020 610239 08/27/04 471 MYERS TIRE SUPPLY COMPAN 6308840 SUPPLIES A25561 0.00 633.61 TOTAL CHECK 0.00 1022.23 1020 610240 08/27/04 M2005 NAESAA 1101200 NAESAA DUES LAGERGREN 0.00 32.00 1020 610241 08/27/04 302 NATIONAL DEFERRED COMPEN 110 'NAT'L DEF 0.00 17641.58 1020 610242 08/27/04 479 NATURES WOOD 5606620 FY 2004 -2005 OPEN PURe 0.00 363.72 1020 610243 08/27/04 1358 NORTHERN TOOL & EQUIPMEN 6308840 MAG TRAYS 20269 0.00 46.54 1020 610244 08/27/04 489 NOTEWORTHY MUSIC SCHOOL 58062" SERVICE AGREEMENT FOR 0.00 3204.00 1020 610245 08/27/04 499 DEBBIE O'NEILL 5606620 SERVICE AGREEMENT FOR 0.00 450.00 1020 610246 08/27/04 493 OFFICE DEPOT 1101201 OFFICE SUPPLIES 0.00 27.51 1020 610246 08/27/04 493 OFFICE DEPOT 1101000 OFFICE SUPPLIES 0.00 11.68 1020 610246 08/27/04 493 OFFICE DEPOT 1104300 OFFICE SUPPLIES 0.00 16 .15 TOTAL CHECK 0.00 55.34 1020 610247 08/27/04 2241 ONE WORKPLACE 4239222 CCL FURNITURE PROJECT 0.00 285098.78 1020 610248 08/27/04 501 OPERATING ENGINEERS #3 110 UNION DUES 0.00 700.58 1020 610249 08/27/04 833 PER S 110 PERS EMPLY 0.00 19220.71 1020 610249 08/27/04 833 PER S 110 'PERS BYBK 0.00 123.70 1020 610249 08/27/04 833 PER S 110 PERS 1959 0.00 112.53 1020 610249 08/27/04 833 PER S 110 'PERS BYEK 0.00 462.65 1020 610249 08/27/04 833 PER S 110 PERS SPEC 0.00 127.39 1020 610249 08/27/04 833 PER S 110 PERS RETRO 0.00 43.37 1020 610249 08/27/04 833 PER S 110 PERS EM/OE 0.00 3074.30 1020 610249 08/27/04 833 PER S 110 PERS OE3 0.00 3074.30 TOTAL CHECK 0.00 26238.95 1020 610250 08/27/04 526 PENINSULA DIGITAL IMAGIN 1108101 STORM DRAIN PLANS 0.00 19.43 1020 610251 08/27/04 533 PERS LONG TERM CARE PROG 110 PERS LTC/2405 0.00 119.15 1020 610252 08/27/04 M2005 POKALA, RAO 110 UNUSED NOTICE DPST 0.00 200.00 1020 610253 08/27/04 2529 PREMIER WORLD TOURS 5506549 DPST S.ANTONIQ TOUR 0.00 6250.00 1020 610254 08/27/04 2802 QUANTUM DESIGN 1103600 AUG2004 HOSTING FEE 0.00 1500. 00 1020 610255 08/27/04 2649 QUILL 1101500 OFFICE SUPPLIES 0.00 10.81 1020 610255 08/27/04 2649 QUILL 1101500 OFFICE SUPPLIES 0.00 64.93 1020 610255 08/27/04 2649 QUILL 1101500 OFFICE SUPPLIES 0.00 8.83 TOTAL CHECK 0.00 84.57 RUN DATE 08/26/04 TIME 07,59,44 - FINANCIAL ACCOUNTING Ç-21 08/26/04 ACCOUNTING PERIOD, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact-trans_date between "OB/23/2004" and "08/27/2004" FUND - 110 - GENERAL FUND CASH AceT CHECK NO ISSUE DT nnnu--nnVENDOR-nnuu--n FUND/DEPT 1020 610256 OB/27/04 M2005 REGIS HOMES 110 1020 610257 08/27/04 1071 REPUBLIC ELECTRIC 4209547 1020 610257 08/27/04 1071 REPUBLIC ELECTRIC 1108602 TOTAL CHECK 1020 610258 08/27/04 602 ROYAL COACH TOURS 5506549 1020 610258 08/27/04 602 ROYAL COACH TOURS SS06549 TOTAL CHECK 1020 610259 08/27/04 959 THE MERCURY NEWS 1104000 1020 610260 OB/27/04 258 SANTA CLARA COUNTY 110 1020 610261 08/27/04 2224 SANTA CLARA CNIT CLERK/R llO 1020 610262 08/27/04 628 SANTA CLARA COUNTY SHERI ll02100 1020 610263 08/27/04 1648 SAVIN CORPORATION {SUPPL ll04310 1020 610264 OB/27/04 1648 SAVIN CORPORATION (SUPPL ll04310 1020 610265 OB/27/04 2875 RICOH CUSTOMER FINANCE C ll08201 1020 610266 08/27/04 2397 SAVIN CREDIT CORPORATION ll04310 1020 610268 08/27/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 610268 08/27/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 610268 08/27/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 610268 08/27/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 1020 610268 08/27/04 2415 SIMON MARTIN-VEGUE WINKE 4239222 TOTAL CHECK 1020 610269 08/27/04 2810 SMART & FINAL 5806349 1020 610269 08/27/04 2810 SMART & FINAL 5706450 1020 610269 08/27/04 2810 SMART & FINAL ll06344 TOTAL CHECK 1020 610270 08/27/04 M2005 1020 610271 08/27/04 2484 1020 6102" 08/27/04 677 1020 610273 08/27/04 2045 1020 610274 08/27/04 695 1020 610274 08/27/04695 1020 610274 08/27/04 695 1020 610274 08/27/04 695 SOBRATO DEVELOPMENT COMP llO SPRAY MART II 2708404 STATE STREET BANK & TRUS 110 SVCN 5208003 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 RUN DATE 08/26/04 TIME 07,59,44 PAGE 7 --_nDESCRIPTION-n_n SALES TAX AMOUNT UNUSED ARBORIST DPST 0.00 423.05 PUBLIC WORKS CONTRACT 0.00 170771.40 SERVICE AGREEMENT FOR O. 00 4090. 00 0.00 174861.40 SAN FRANCISCO 7/31 0.00 652. 00 REDWOOD CITY 7/20 0.00 5".36 0.00 1224.36 9/07-11/15/04 0.00 37.89 V ORTEGA 536612780 0.00 588. 00 NEGATIVE DECLAATION 0.00 100.00 LAW ENFMNT AUG 2004 0.00 507771.50 H3"030001 8/22-ll/21 0.00 1554. 00 H2400800225 USAGE O. 00 160.43 J8332201915 SEPT2004 0.00 130.94 H2400800225 SEPT2004 0.00 137.83 PUBLIC WORKS CONTRACT 0.00 440. 00 PUBLIC WORKS CONTRACT 0.00 3880.84 PUBLIC WORKS CONTRACT 0.00 1801. 52 PUBLIC WORKS CONTRACT 0.00 275.00 PUBLIC WORKS CONTRACT 0.00 35256.19 0.00 41653.55 SUPPLIES A26442 0.00 76.12 SUPPLIES A25693 0.00 248.66 SUPPLIES A26443 0.00 151. 56 0.00 476.34 UNUSED NOTICE DPST 0.00 400.00 SUPPLIES A25594 0.00 243.56 'PERS DEF 0.00 3933.86 DISPLAY ADV. 8/ll 0.00 300.00 BINGO 0.00 351. 94 WEDNESDAY BIRTHDAYS 0.00 320.76 FY 2004-2005 OPEN PURC 0.00 3330.ll FY 2004-2005 OPEN PURC O. 00 -23.90 FINANCIAL ACCOUNTING ) - 3D OB/26/04 ACCOUNTING PERIOO, 2/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE B SELECTION CRITERIA, transact-trans_date between "08/23/2004" and "08/27/2004" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND TOTAL CHECK 1020 610275 1020 610276 1020 610277 1020 610278 1020 610279 H2O 610280 1020 610281 1020 610282 1020 610283 1020 610284 1020 610285 1020 610286 1020 610286 1020 610286 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ISSUE DT _n_-hnnn-VENDORnn----___n FUND/DEFT 08/27/04 M 08/27/04 2809 08/27/04 M2005 08/21/04 709 08/27/04 1993 08/27/04 1154 08/27/04 738 08/27/04 768 08/27/04 2498 08/27/04 2845 08/27/04 M 08/27/04 799 08/27/04 799 08/27/04 799 RUN DATE 08/26/04 TIME 07,59,44 TAUBMAN, CHARLES 580 TESTING ENGINEERS INC 4239222 THINK TANK LEARNING 110 LOU THURMAN 5806449 - _n-DESCRIFTIONn__h SALES TAX AMOUNT 0.00 3978.91 Refund, Check Return 0.00 300 .00 COMPACTION TEST CC&L 0.00 336. 00 UNUSED NOTICE DPST 0.00 400.00 SERVICE AGREEMENT FOR 0.00 842.06 A LOPEZ JR 566398126 0.00 253.84 UNITED WAY 0.00 99 .00 FV 2004-2005 OPEN PURe O. 00 SO. 07 MCQUILLIN MUN SUB. 0.00 1069 .51 PC DINNER 8/23 0.00 83.39 SERVICE AGREEMENT FOR 0.00 1009.25 Refund, Check Return 0.00 750. 00 YARDWASTE JULV 2004 0.00 368 .00 YARDWASTE JULY 2004 0.00 13987.61 COMPOST DLVRY JUL2O04 0.00 300.00 0.00 14655.61 0.00 1450845. 08 0.00 1450845.08 0.00 1450845. 08 TREASURER OF ALAMEDA COU 110 UNITED WAY OF SANTA CLAR 110 VALLEY OIL COMPANV 6308840 WEST GROUP PAYMENT CENTE 1101500 KIERSA WITT 1101070 JULIE WONG 5806249 ZANJANI. FARIDEH 580 ZANKER ROAD LANDFILL ZANKER ROAD LANDFILL ZANKER ROAD LANDFILL 5208003 5208003 5208003 - FINANCIAL ACCOUNTING )-3/ RESOLUTION NUMBER 04-390 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 August 13, 2004 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability' of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $ 473,266.63 Less Employee Deductions $(128,712.10) NET PAYROLL $ 344.554.53 Payroll check numbers issued 76537 through 76836 Void check number(s) CERTIFIED: Œ/lLu/ß {l.a~)<-zrd} Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of September ,2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk ~-I DRAFT RESOLUTION NUMBER 04-391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON August 27, 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 $ 452,791.74 Less Employee Deductions $(124,101.35) NET PAYROLL $ 328.690.39 Payroll check numbers issued 76837 through 77122 Void check number(s) 76839 & 76849 CERTIFIED: ~ f2 c¿~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of September ,2004, by the following vote: Vote Members of the City Council AYES; NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~-~ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 CITY OF CUPEIQ1NO UEPAKIMENI u~ AUMINISIRAIIVE SERVICES SUMMARY Agenda Item No.1 Meeting Date: September 7, 2004 SUBJECT Accept the Treasurer's Budget Report - July 2004. BACKGROUND Attached is the Treasurer's and Budget report for the period ended July 31, 2004. The report includes all funds in control ofthe City. Investments The market value of the City's current portfolio totaled $39.4 million at July 31, 2004, with a maturity value of $39.6 million. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. Short-term agency yields remained relatively stable in July. The Local Agency Investment Fund (LAIF) yielded 1.604% compared to June's 1.469%, and 1.65% a year ago. The City's portfolio as a whole yielded 2.45% in July. There were no calls or maturities of the City's investments in short-term callable federal agency notes, and no investment purchases in the month of July. As the proportion of the portfolio invested with LAIF declines, the average length to maturity of the portfolio will rise moderately along with yields. Interest rates are still very stable in the short term; an increase is anticipated as the fed rate rises through the end of the calendar year. For now, 10-year treasury yields have drifted back to four-month lows after peaking in mid-June. Overall, the City's current investment portfolio decreased approximately $750 thousand in July, as planned expenditures exceeded incoming revenues. Several major expenditures (such as insurance premiums) have been prepaid for the fiscal year. Most notably, the City prepaid the employers' contributions of the 2004-05 employee retirement program ($836,296), as the imputed interest rate (earnings) on these contributions (paid in advance), is 8.25%. 7-1 P,;nted on Recycled Pape' In December, a final $1.8 million draw will be made on the City's bond proceeds account to reimburse the General Fund for LibrarylCivic Center Project expenditures. In addition, investments have been laddered to maturity dates that will allow for further projected cash flows required for the library and other capital projects. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law, and are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends Most General Fund revenues are well below budget projections at the end of July due to the timing of major tax payments from the County and other tax revenues submitted in the month subsequent to collection. (Most July receipts were accrued back to June for a proper 2003-04 fiscal year close.). Increased operating expenditures across all departments from July of last year reflect the additional (third) payroll in July of this year. Although expenditures are also accrued back to June for proper fiscal year close, these adjustments are not made for the month- end (July) close. Compared to budget, however, many of July's payments are accrued back to the prior fiscal year, causing an "under-budget" varience for the month. RECOMMENDA nON: Accept the Treasurer's and Budget report for July 2004. Submitted by: Approved for submission: ~A~ Finance Director ~ David W. Knapp City Manager 7-2 City of Cupertino July 2004 -----nESC~' ~E--','... -.~=,~g.". ,', ..' $-= I ..-. ,,'.' ", ',."" -i- ,':', - ,+- -=¡- -, ~-- -+-=t--1= - --+----,',,'-,', '~" ---" -, " '-'-+--", --- +-, I'," "---,, -'--", ----:--'~, -= ' -- RRENTl'O1ITFOL --=+==--- ,- - -- _,AH,'=Ë"-',~7,~I/~upert,~ON,,,atlOriaIBan,k",---=t",-,.".'.+-'"'-,,,,=t="",'- 1'742'86~~,' "I'~,',64 ,,',,'1'74~,2'8,,-,'. -,I) , 7 1 BT'¡¡¡¡-- 6,25 ~~+-- ~~ ----¡y At -, - ,- - " ' - 1 ~ -" - 1.749,114 1'74==.t---= 1'749~-= ,I) ~-~Dm~:~l ,--=L~~ 1Z~=-"'~" 1Z'727~8~r=:-- RTIFI A,Eo v, ,;;r;-= ~ +- --+- +- -~ÓI,I!77IJ4f'" ,I "AmenC,anTrustF,edsavmgS,Bank-I-,_-.1..= ',", ,TITom--.,oo, '", ,,',',-,~ot-, ',,3=99'000','" ' '-----¡¡¡¡j,9'O~,'f,"','-,,---, 0 03IT77°.-r--O3 17 0 eop os State Bank "-- ---t-', '~- , -99,1JI)(j'" ----w. - 9'9:000 -- 31!97()4'4',-03/T9 31~,panti"h,stCO"¡¡iITGÄ-, A ,'-",,-=t- -". 3,05y-.,,'-,,~I~--.,-, .000" "---¡¡gry,o,oo,--~,,-----¡r,,,-. I)S4 ' om4/08JJaQge' State Bank [' 3 OO%~ ,0 0 9, 0 99;000 , 0 -'--------0 ,04 ---o:J72';¡¡ Was liaStateBank -== - ---n,', -'99;mR)"-== 99,æt==°0- _n 99])1Ef'o - -=-0 -----¡¡m¡¡ 4 == I mot State Bank ,---,:¡¡¡¡o¡" 99;ðOO -~ -----w. -- B,,_, 124104'-' 0 , 7 SlgnatureBan,kNat'IAssn =,,'1' -,'1--2~,'70% ,,'~,,:oool , -------W," " --- ,000""_",,,,' ,- - ~~6:041----a.1120 Pnvatebank & 1'iiiit ' 3,2, ~OO 99':i==°0 ----¡¡¡¡;oo~ 0 '---t- OJl2ôll)4'--'OW2 outhcoastCómmunhyBiiiiK -+--,- 3 % ----çS,OU¡¡;- --.&, -- -¡¡g;¡m¡J - "'0 c~=t=~ ,--.J4I(j7__o'elaYIO'BanK~ =-=-+=f-= 22N-~~=.-=-.. ~:--=.==O - MONEY M-l:1 ~:~g1 ,---=- -=-~I-- -=t --¡ _--.-:_+ ----:----==-t-------- ',,- f..---;;" ", 1 4 ,cupert,mONatinS, wèep ac,count , IOJ,6J--t-- " ',-, , 0:4<)'0/'1,%,' -,348.ml----",'3~6.-=-" ~2r-, ",=-" --,' _+-,,71~eYMa'ket- ~,+-~-"WL,-:t=--~- MMAGENCY~--=-- '- , -- ~r-=i= - .~=1==349'1I0- 349,~~=- 0 , 'O77IJ979~~--'-- --k- -;;.t= 162~mTl --¡o-;;f=-~F-- ---J-", '~~===- '~IOk--¡-- 312'i/il.783,423=_I.~ ,1,804,271'.,20;849 -i----om=! fl7()J)i)4 FNMA OK+ 334%¡- ô3õ;ffi I 650:600-!--- 657,m,t- -- 82 --,~4Q2 06 FHLMC<9- ----~,-- -1:3O'T.---798;3m..i...---'¡OO.ooot-'---,' '------7~1JI---(l4. 7) --+ "lJ7IZJ7I)3 07 06 B -- -'OK 1'- 2,=¡- "-'¡¡¡¡,OOO 1 500,OOU---- ----¡¡t}2,¡¡¡¡O-' , (7;39 =t, OI7IT¡:t¡¡¡--og~"F!I!:OO,,~=- -==- --1":1=, .'"TI!I%f', " " 997'~~~.=r= ,9=~---- (7,0 5) U'ðIfJ7I(jj ---¡¡8 LB ,step 6 2.33% 5 ,000 -----, , 0 4 , 0, ----¡4,ö 1 .log--og,1I! 3,.."',O8~ .,',.'--, -i5KI,6 ',.,.',', 1:,3lJ%','," 2,.4~, "2;400,4":::~,, '----, 2,37ö;r:!.l-,8', _,,'--(2.77 ~3- 1 FHL~ 'j-¡;¡¡-i 4,1¡m;J-- 504.9¡¡r;-- -=;000 ----'¡¡¡¡;O<JJ- 4. - '----'012, =0 FHLMCrlo---- - -- '61<---:- ---,---,070/'--'-- 998,1471----'.0 ,00, ---- ~04 -- (TIJ)43) _I '---n7T7 ITIf7I(jg F!I!:OO - - ----;bI<¡6k ¡- '<r25%f'~~,u4ô -î;OOO,O~ -----,OIJ!J;ID',_n 2; 7 ,--o27:25¡O¡¡;-- =8 FHLB--- ---- ~- n-nJW-- 1,000.OÖO-- ri;;;;+---97ô;4IT1--(23,5 7) ., ,,-!2lO31OTi--TI7~,-----=----=------;oK '-'----",6~~1 ¡,oOo;uool- ~oa;ooõ-l- -<J93l);¡7" - (6;Œ) b/[ôlOV lJ37IôllJ9tFNMA~ ~ - 40 V, 1,60i,oou+- ~ou-r-- ---,.-5g¡¡;¡ml ---'15. 79 ==,IDID704,_nÖI:[MA:,'-, -=',=-=-lii: ,.~, - :" "=,50,,1-500,000;,1 =--,_~500;000j-==- ~21~m. (3.479) - 04ID:t-1JfI23IOg rHLB<9 - -, - 6K -1-, _..2l5".i...... 1.4~ 1,500;000_1,470,1""- TI5,387 .:j:::,1J4IJ4I04 _12 7, MA --- f6l< _2 5Ù%1 ---=-~~ l,ùOO,°oot--- 90n~~9t-- ~I)) 1~~~~;~~I~~M~¡;e/------:=-J-~ ~OO~" - ,. ~=+-~::t-~-:t ' --(':10 + =3'- 061~~- - -~ ,-- ~ "TOOO,O¡¡¡¡- COOO~ --- 99.J.Jnf= '~1S) --1.. 1'21291031' '-ID/2~~¡;¡;¡rn -- ,- --ok -;-- "3,00%"-- g97;491I'---I,~0-----.&7,904.' ---(9,57 -T-=!_2I3UIO3 ,.12730, ...,"..'-MC<9, step ------1~t 2~--I,O¡¡Ù7roö- IJJOOi~----990:765L,---~,1 5 , T- 1-3 City of Cupertino July 2004 --==~ ..~Ù4:~ÌlL~6.'::;p....... -~=;- ~.==-~~~:~~:.- ~::OOO ....... ~~. (~:~68) M .~..~ :~ ~~.~ ~~5=~~~ f .. D~r ,,~'~ :==i~~,.~,~.--ti";: :..~ t=F.: ........ .. =I--=:-~~~=+. i-i--r= r-=.t . .. CERlIHCATES OmEPOSIT: - - ~ ,'. --.! - ~ -. ----,--._- -I. -... .07/27/0.1.1... - 06130/0.:F.,".nO.N.. atl(Keste'.Trusti. ...6b- -.... 1.01.'.10, -. 41~- - 41.~--. 4f.~----O- ~I'"'t&AgenCYPorto... . .. ... ... ¡ ---- . .-r--. - .:.. ...~,tl. -l:i::-::-'~u~" ~T . .: ~i.. ...... u j- .. ..: I: .: _n:~;::;~;r :~;:;:O~:~:t~kt ..... ..-r_~ ~1~~ . 1.81::~;~r-:c81~- .~~~+=:....- -1t¡atBond Rëse"'.e P~-----..~=--+:=-t---=-- " , , , , ~-~~+------'=r=..~.~-.--~ ... -- .~: .. ~ ~- .:.... =JL~j-.-r---f-~A~ 7-L( Investments by Type Managed Portfolio UST=,"ryN"~ 0% Ag'"'yN"" 61% [Rate of Return comparison! 1.00% ~ ~ . .------ 6-. ......... '9'" 3.00% 2.50% 2.00% 1.50% 0.50% 0.00% 6/03 7/03 8/03 9/03 10/03 11/03 12/03 1/04 2/04 3/04 4/04 5/04 6/04 7/04 7~) --- COMPLIANCE WITH INVESTMENT POLICY ---- City of Cupertino July 31, 2004 Category Treasury Issues US Agencies (egI'HLMC)- Medium Term Corporate Bonds/}/otes LAIF M:°ney Market Flmds Maximum Maturities Per Issuer Max --- -- Bankers Acceptances Commercial Paper ---- Negotiable Certificates of De_posit Repurchase Agreements -- - ---- Reverse Repurchase agreements ---- -------- ----- Standard Comment No limit No limit 130% with A rating i$40~illion I - 120% 25% up to 15 years Remainder up to 5 years 10% (ex~"t govts) 180 days & 40% 1270 days & 25')/0- 30% 365 days Prohibited ~CompÜes ¡Complies Complies Complies Complies Complies -------- __~lie,-__- : Complies i Complies - - ~~:::: ~~.- ~~.. ; Complies --- 7--G <::!ty~fCupertin~ ._~ ...~-H-i-; 1___1 G.eneral !"und Budget Rep°!Í- ¡ .. -- -- -I- ¡- Actual Actual I % of Budget i:::~o...Ó4. --- -. .. 2003/:BUdge~c-.2004/05 BUdg~- 1 YTD 7-31-03 cYTD7-31-04 r' over~~:~.¡ ¡Analysis of Trends Sales 'f~"--- -+- 8,78(j,000 8,400,000; f 4~ .3,850 - 322,450 -53.94%! ProperrrTax n_- i3,80(),()00 _3,748,0001 .- 0 - . - _n 0 -~OO.OO%, TraIlSient Occu¡>ancYI____I,500,00(j+-_----.15.60,000 --1-- . 0 -- 0 L -I 0.0.00% Utility Tax ,2,750,000 2,740,000 I 16,377 8,521 -96.27% F_.r...anC.h..i"e-¡;;;eS.:--..3==-'.....-2'300=t,n___2'3i2'000... - --0 ._--.-.-. O--loo.OO..'Y..'..,fJl'aymen.r.sreC'dinSUbSeqUentmEnth Other Taxes 1,365,000 1,435,000' - 60,455 62,:¡<)8 -42,(j5o/"j Licenses and Permits 1,285,000, 1,600,000 159,315 141,183 5.89%; ,- - - -- ---- - - ---- 1- Use of Money & Property' 1,110,0001 1,186,900 163,253 122,701, 24.06%~ Intergove;.nment;;¡ . -----Z¡05,034 2,820,687 2,563 --- _251"747---_-'7'1O~ [V-,,[¡jcle license fees delayed from state Charges for Services 410,000 490,000 39,016 67,443, 65.17% FineS&: ForfeitUres 640,600 -600,000, 0, -- - õ. - -100.00% Payments rec'd in subsequent month OtherReven~_.- - . ...- --.4_.0'00.0.1 162'0.~0._0.'--¡ -.- -. 968_>-_--. -.3~942 =-70.800/, 02~¡¡3budgetinch(jesaddirional-debtprocee<is Sale of Property 1'5O0'0001~- 0 -100.00%] T. o.r.al. Revenue_- n .. 26..585~~ - 28.554.587 -- --8~5.798- -= _987.28-~\- -58.51%' Operating Expenditures: i- Admini~tive --I 1,308,3051 1,360,074 ¡ - 49,622; - 71,722 -36.72% -- __no. --I --- .- -~- ---~----- Law Enforcement I 6,697,396 6,723,153 490,834 552,526 -1.38% Community Service-+--- 680,3881 718,355 - -61,28238,060 -36.420/,1 fc~pertino Scene poStagepðjßlump sum last year -: - Aðministrativ..e serv.ice- . i 4. '180.'_215t- 4,10.4,818 - ..3.85,342 ~__,..185 73.12% -Insu["¡ll1.ce Premi~ms ($328k) pd at be~inning offiscaiye.IT_:-__:_- Recreation Sef\'ic.". +___2,220,~,261,219 I 122,401 173,3.44L----=-8..(jI'Ji' - - - --- ----- Commu-"~DeveloPll1ent L 2,888,800] _2,661,498 'n~54, - 126,149 _-43.:.12% - - --- ----- -- Public Works 1 8,577.778 9.364 054¡' 421.2211 ,472.550~ -39.44% Tot¡¡[~xpe.Ildltu~eS_=~-26.552.913 2Ú93.l71 ~ E ~I f026.536 -10:5'7~W oper..r..ingT.ransfersln ..-t-==.. ._631'950..t, ...2_.'737~365. _'.,.1 ._.1_18'7._5.0 Operating Trans!ers 04-4.303.357 -4,864.000 - -412.917, - - -- i ---- - --- - ' Net Income/Loss -3,639,286 -765,219'! -1.065.625 ~ 1 ....j Payments rec'd Nov":.Jan & Aprjune TOT for Jul}' 110t received until August Revenue Comparison 450,000 '00,000 350,000 300,000 to 11 Expenditure Cornparison 700,000 600,000 500,000 '00,000 300,000 200,000 100.000 1 S,I" T4X 2PWp'rtyT4X nOT 4 U1ilityT,x 5 F"nobi" F", 60th" 7 Li"~,, & p,,""t, 8 Mon'y & Pwp,rty 9 In"'gov,rnment41 10 Ch"g" fo,Smi", II Fin" & Focf,""", 12 Oth"Rmnu' 12 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public Works 7~¡ Capital Projects 6/30/04 -...J 1 -.....\) Fund J:æi!!. Description CIO enc CIO budaet Adapted chanae Total Budael 1 Encumbrance ExPenditure Current Bal. 210 9612 Minor Storm Drain Improv 9,102.50 25,221.40 105,418 139,741.901 3,320.00 91,910.10 44,511.80 215 9620 Storm Drain Projects 27,073.00 954,764.06 343,000 1,324,837.061 25,000.01 459,669.50 840,167.55 270 9430 Stev Canyon Rd wideni"" 118,816.64 5,988.19 124,804.83 55,290.41 62,511.42 7,003.00 270 9432 Hmstd belleville TIS modil. 75,000.001 75,000.00' 0.00 75,000.00 0.00 270 9435 Nei9hborhood traf calming 39,031.64 65,433.981 25,000 (75,000) 54,465.621 0.00 52,818.95 1,646.67 270 9436 Stev Crk Trail Bike facitilies 30,219.00 30,21900 30,219.00 270 9443 Bollinaer Rd bike facility improv. 14,959.81 189,943.291 204,903.101 46,371.21 2,173.60 156,358.29 270 9447 Mary Avenue gateway 17,476.07 91,198.89! 108,674.96! 17,476.07 1,883.88 89,315.01 270 9449 Mary Avenue Footbridge 25,000.00 998,594.78 800,000 1,823,594.78 805,000.00 520,000.00 498,594.78 270 9450 Pavement Management 501,369.15 13,455.25. 750,000 1,264.824.40 8,513.73 574,105.49 682,205.18 270 9531 Ramp meter signal 280/85 312,131.21 70.209.001 382.340.21 229,816.70 82,305.68 70,217.83 270 9532 SR85/Stev Crk TIS modification 49,378.49 49,378.49 49,378.49 270 9701 Sidewalk gaps unimprv areas 75,000.00 75,000.00 120,000.00) 30,000.00 I 30,000.00 270 9702 Citywide bike parking facilities 51,789.00 51,789.00 ¡ 51,789.00 280 9213 McCtelian Ranch bldg improv. 211,652.001 211,652.00 211,652.00 420 9113 Stev Crk Irail master Ian 6,260.70 6,260.70 j 6,260,70 420 9115 Skate Park 181,953.40, (181,950.00 3.40 3.40 420 9116 San Thomas trail improvements 43,326.09 53,694.601 97,020.69 , 0.00 43,124.63 53,896.06 420 9117 Stev Crk Trail master plan study 16,036.49 20,732.03 36,768.52 ¡ 0.00 2,144.88 34,623.64 420 9119 PortaVWilson park improvement 302,828.60 46,139.94 (15,000.00) 333,968.54 0.00 333,615.93 352.61 420 9121 Memorial park softball field impv. 25,000.00 125,000.00 (150,000.00) 0.00 0.00 420 9216 Service center expanison 66,53800 21,026.55 87,564.55 19,888.00 51,700.00 15,976.55 420 9219 Animal control facilities 0.00 0.001 500,000.00 500,000.00! 0.00 0.00 500,000.00 420 9223 Civic cenler improvemenls 5,680.00 2,447,882.92' 17,000.00 2,470,562.92 0.00 2,466,417.00 4,145.92 420 9224 Civic center plaza improvements 000 937,122.72¡ 937,122.72 0.00 936,122.00 1,000.72 420 9225 CH space study 0.00 0.00 50,000.00 50,000.00 35,641.11 14,358.89 0.00 420 9528 280/Wolfe trallic safety improv. 23,261.69 105,129.83' 128,391.52 I 21,132.50 (295.18) 107,554.20 420 9530 Phase III Hmstd arterial mgmt 43,540.90' 43,540.90 : 3,604.00 39,936.90 420 9533 Green LED TIS lights 260.26 261,036.001 261,296.26 I 0.00 45.19 261,251.07 420 9534 Advanced ITS De Anza blvd 661,016.83 21,918.591 682,935.42 0.00 647,644.06 35,291.36 420 9535 Adaptive Iraf control system 344,064.77 300,561.00j 644,625.77 0.00 643,754.98 870.79 420 9541 School traffic calming measure 0.00 47.686.551 47,686.55 0.00 0.00 47,686.55 420 9544 Safe routes CHS 500,000.00 500,000.00 70,55680 25,705.66 403,737.54 420 9545 TIS upgrades various locations 150,000.00 (130,000.00) 20,000.00 20,000.00 420 9546 Traf operation center facilities 24,173.19 129,569.311 (91,000.00) 62,742.50 0.00 62,560.07 182.43 420 9547 Yellow ped LED TIS upgrades 140,000.00; 60,000.00 200,000.00 188,100.00 0.00 11,900.00 420 9548 Tral st walkability mods facility 0.00 5,000.00 5,000.00 0.00 5,000.00 420 9549 Safe route Garden Gate school 0.00 0.00 205,000.00 205,000.00 0.00 205,000.00 420 9550 TIS battery power backup 0.00 0.00 ! 200,000.00 200,000.00 0.00 200,000.00 423 9222 Library construction 738,564.99 17,504,854.19' 17,000.00) 18,226,419.18 i 7,460,382.04 9,940,298.87 825,738.27 425 9313 Four Season Corner 15,141.82 926,012.47 131,000.00 1,072,154.29 I 5,000.00 990,292.69 76,861.60 425 9314 Four Season Art Soul ture 122,22000 0.00' 122,220.00 0.00 122,220.00 0.00 426 9212 Sports Ctr.1itness expansion 72,560.59 1,891,972.72: 130,000.00 2,094,533.31 0.00 2,093,381.05 1,152.26 560 9105 Blackberry Farm 0.00 491,431.621 75,000.00 566,431.62 0.00 34,786.66 531,644.96 560 9112 BBF master plan study 10,375.10 71,493.09: 81,868.19 0.00 34,158.90 47,709.29 Total 3,511,008.44 29,237,866.46 2,410,418.00 401,050.00 35,560,342.90 8,991,488.58 20,368,018.90 6200835.42 I CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax: 1408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER ~ AGENDA DATE 1-7-,20-0'1 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Rio Adobe 10525 S. De Anza Blvd., Ste. 100 (Replaces Thai Kitchen at corner of S. De Anza Blvd. and McClellan Rd.) Restaurant On-Sale Beer and Wine for a Bona Fide Public Eating Place Person to Person Transfer Type of Business: Type of License: Reason for Application: RECOMMENDATION There are no use permit restrictions or zoning restrictions, which would prohibit this use, and staff has no objection to the issuance of the license. Prepared by: Submitted by: /fJ . ~~/ Z-eJ07-dLt P Ciddy Wordelt, City Planner Jtì( David W. Knapp, City Manager G:planninglmisc/abcrioadobe Printed on Recycled Pape' t-{ Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Pas eo de S.an Antonio Room 119 San Jose, CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: Control File Number: 416653 Receipt Number: 1480610 Geographical Code: 4303 Copies Mailed Date: August Issued Date: 13, 2004 Location of Business: SAN JOSE SAGE MANAGEMENT GROUP INC RIO ADOBE 10525 S DE ANZA BLVD STE 100 CUPERTINO, CA 95014 SANTA CLARA First Owner: Name of Business: County: Is premise inside city Mailing Address: (If different from premises address) limits? Yes Census Tract 5078,07 Type of license(s): 41 Transferor's license/name: 411193 / REYES MARIERm Dropping Partner: Yes- No License Type Transaction Type ~ Master !l.Y.J1 Date Fee 41 ON-SALE BEER AND PERSON TO PERSON TRANSF NA Y 0 08/13/04 $150.00 41 ON-SALE BEER AND ANNUAL FEE NA Y 0 08/13/04 $304.00 41 ON-SALE BEER AND STATE FINGERPRINTS NA N 2 08/13/04 $78.00 Total $532.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "y,," answer to the abovo questions on an attachmeot which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: August 13, 2004 Under penally of perjury, each person whose signature appears below, cenifies and say" (I) He is an applicant, or one of the applicants, or ao ex~cutivo officer of the applicant corporation, named in the foregoing application, duly authori"d to make thia application on its behalf; (2) that he haa read the foregoing and knowa the contents thereof and that each of the above statements therein made are true; (3) that 00 person other than the applicant or applicants haa any direct or iodirect interest io the applicant or applicant'a buaine" to be conducted under the liceoae(a) for which this application ia made; (4) that the tranafer application or proposed traoafer ia not made to aatiafy the payment of a loao or to fulfill ao agreement entered into more tban oiocty (90) daya precediog the day on which the tranafer application ia filed with the Department or to gain or "tabliah a prefereoce to or for any creditor or tranaferor or to defraud or injnre auy creditor of trauaferor; (5) that the traoafer applicatioo may be withdrawu by either the applicaut or the liceuaee with uo resuliing liability to the Departmeot. Applicant Name(s) SAGE MANAGEMENT GROUP INC Appr ant, Signature(s{ - / /J ¡J />tM 'il'/t"'Ji/J ~ .j~7't~ Ser~ 'J f{f Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Room 119 San Jose, CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: Control File Number: 416653 Receipt Number: 1480610 Geographical Code: 4303 Copies Mailed Date: August Issued Date: 13, 2004 Location of Business: SAN lOSE SAGE MANAGEMENT GROUP INC RIO ADOBE 10525 S DE ANZA BLVD STE 100 CUPERTINO, CA 95014 SANTA CLARA First Owner: Name of Business: County: Is premise inside city Mailing Address: (If different from premises address) limits? Yes Census Tract 5078,07 Type of license(s): 41 Transferor's license/name: 411193 /REYES MARIERŒ Dropping Partner: Yes- No License Tvpe Transaction Tvoe ~ MMlli !l!!..I2 Date Fee 41 ON-SALE BEER AND PERSON TO PERSON TRANSF NA Y 0 08/13/04 $150.00 41 ON-SALE BEER AND ANNUAL FEE NA Y 0 08/13/04 $304.00 41 ON-SALE BEER AND STATE FINGERPRINTS NA N 2 08/13/04 $78.00 Total $532.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "y,," answe< 10 Ih, aboY< qu,stion, on ao aUalhm,nl which shall b, d"m,d part uf this applicalion. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: August 13, 2004 Unde< p,oalty of pe<jury, <xch pmon who" signatu" appms bdow, ""ifi" and say" (I) H, is an applicanl, °' °°' of th, applicants. °' an ,,~culiY< orn", of Ih, applicant cmpo"lion. nam,d in Ih, fo"going application. duly authori"d 1o mak< this application on its h,half; (2) that h, has "ad Ih, fm,going and knows th, contonts Ihmof and that 'alh of Ih, aboY< ,""m,nts th",in mad, a" lro" (3) that no p",on othe< than Ih, applicant °' applicants has any di,," 01' iodi,," inlmst in Ih, applicanl °' applicant's busin,ss 1O b, condu",d unde< th, licm,(s) fo' which this application is mad" (4) that Ih, "aosfe< application °' pmpo"d transfe< is not mad, 1o satisfy th, paym,nl of a loan °' 10 fulfill ao ag",m,nt <nlmd into mo" than nin"y (90) days p""ding Ih, day 00 which th, I"nsf" application is fikd with Ih, O'pa"m,nl 01' to gain °' ""blish a p"fe<'o" to °' fm any ",ditm 01' I"osf'm' 01' 10 dof"ud °' inj.., aoy ",dito' of "ansf,m" (5) that Ih, "ansfe< application may b, wilhd"wn by ,ithe< Ih, applicant °' th, Ii"n", with no "suiting liability 'o th, D'pa"m,nl. Applicant Name(s) SAGE MANAGEMENT GROUP INC Appl' ant Signature(s{ - / /J /J /.~M 1/"rt"'Jit/J ); .j~7~ Ser~ <~J t{! RESOLUTION NO, 04-392 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE ON PARCEL 369-34-030, 20091 LA RODA COURT, EXCESSIVE UN-CONTAINERIZED GARBAGE, DRY AND OVERGROWN WEEDS, AND OVERGROWN FOLIAGE OBSTRUCTING THE SIDEWALK WHEREAS, Section 1.09.03A of the Cupertino Municipal Code defines a nuisance as anything which is declared by the City Council to be or likely to become injurious to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; and WHEREAS, there exists an excessive amount ofuncontainerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk on parcel 369-34-030; and WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a public hearing to determine whether or not said conditions constitute a public nuisance and, if said determination is made, the City Council shall require abatement of said public nuisance by immediate removal of all uncontainerized garbage, overgrown weeds, and obstructing foliage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does, upon adoption of this resolution, establish the date of October 4, 6:45 p.m., (or as soon as the matter can be heard) as the time and 10300 Torre Avenue, Cupertino, California as the place wherein public testimony will be taken relative to the determination as to whether or not a public nuisance exists and if so determined, what type of abatement is necessary. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004 by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 90--1 RESOLUTION NO. 04-393 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING INTENT TO CONDUCT A PUBLIC HEARING CONCERNING A NUISANCE ON PARCEL APN 375-25-062, 10240 JOHNSON AVENUE, EXCESSIVE UN-CONTAINERIZED GARBAGE, FURNITURE, TOOLS, LUMBER, RECYCLABLES AND APPLIANCES IN VIEW OF THE PUBLIC RIGHT OF WAY WHEREAS, Section 1.09.03A of the Cupertino Municipal Code defines a nuisance as anything which is declared by the City Council to be or likely to become injurious to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment oflife or property; and WHEREAS, there exists an excessive amount ofuncontainerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk on parcel 375-25-062; and WHEREAS, as provided by Ordinance No. 794, the City Council shall hold a public hearing to determine whether or not said conditions constitute a public nuisance and, if said determination is made, the City Council shall require abatement of said public nuisance by immediate removal of all un-containerized garbage, furniture, tools, lumber, recyclables and appliances. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does, upon adoption of this resolution, establish the date of October 4, 6:45 !J.m., (or as soon as the matter can be heard) as the time and 10300 Torre Avenue, Cupertino, California as the place wherein public testimony will be taken relative to the determination as to whether or not a public nuisance exists and if so determined, what type of abatement is necessary. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 9 b-/ I CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek@cupertino.org OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number 10 Agenda Date: September 7, 2004 SUBJECT AND ISSUE Accept Annual Report !Tom July 1, 2003 to June 30, 2004. BACKGROUND The attached annual report recounts City activities over the past fiscal year. It is provided for your information and to create a history of the City's efforts on behalf of our residents. The City of Cupertino is blessed with engaged residents, generous volunteers, dedicated commission and committee members, an energetic and talented staff and a City Council dedicated to improving the quality oflife in our community. In the crush of daily activities, it is helpful !Tom time to time to step back and see just how much has been accomplished. RECOMMENDATION Accept Annual Report from July 1,2003 to June 30, 2004. Respectfully submitted: - J1sL David W. Knapp, City Manager Printed on Recycled Paper fo -( Annual Report City of Cupertino Fiscal Year 2003-04 (0 -do Introduction Difficult Financial Times As with all California cities, Cupertino expended a great deal of effort this past year preparing for the impact of the chaotic state budget process and the inevitable revenue loss. In hard economic times, local governments experience lower revenues, but these losses are compounded as the State balances its budget on the backs of cities, counties, schools and special districts. In Cupertino, the largest of these cuts is to the Vehicle License Fee (VLF). When the State had a nine billion dollar surplus, it decided to give taxpayers a break. Unfortunately, rather than refunding any of its own revenues, the State generously gave money set aside for city services. The VLF has been dedicated exclusively to city services since its inception in 1935 and has accounted for approximately 10% of our city's general fund. Balance or Bust In order to obtain high-level public input on the annual budget, last year's community congress involved our award-winning Balance or Bust board game. The budget process traditionally motivates special interest activism, especially if there is fear that support for their effort or organization may be reduced. Generally, these activists are among the most committed in the community and would work for what is best; however, without an understanding of the entire financial picture, it is difficult for them to participate fully in the budget review. The board game was developed to take groups of residents in "City Council Teams" through a fiscal year in which they needed to erase a $2 million budget deficit. The Council Teams had the power necessary to achieve their goal, including the ability to: . Approve development projects . Apply for grants . Reduce service levels or make city operations more efficient . Raise fees . Refinance debt, etc. In addition to the known budget deficit, the Council Teams found themselves faced with the economic uncertainties (state take-aways, reduced sales tax revenue due to a lagging economy, etc.) that all councils face. Additional unforeseen costs from natural disasters and lawsuits afforded participants a realistic journey through a one-year budget cycle. The game was so successful in communicating the challenges inherent in prioritizing spending that it was later used during union negotiations. Schools borrowed the game for civics instruction. One community resident donated $ 100 in return for a game just because he thought it was fun to play. Several participants in the Community Congress suggested that the exercise be conducted every year. G:ICity ManaglfyO4 Annual ReportlAnnual Report 2003-04 v3.doc Page 2 of37 /0-3 Buildine: Community The City continues to pursue a multi-faceted initiative building stronger relationships with and among Cupertino residents. Improvements have been seen at every level. More than 100 residents participate in the Block Leader Program. During the year, the City provided basic training and advanced communications and facilitation training for new and established leaders. A block leader recognition ceremony and Fall gathering event were held to honor leaders and provide opportunities to stay connected with other leaders. Block leaders are included in the City's Mapguide program for specific neighborhood development and programs. Staff is now providing specific information to block leaders which pertains to their individual neighborhoods. Survevs The biennial community survey is the most rigorous survey done of the entire community. The most recent survey was completed in April 2004. This survey shows that 87% of Cupertino residents were either "very" or "somewhat" satisfied with the City's overall effort to provide municipal services. As it was two years ago, race and ethnic relations remain an important issue within the City of Cupertino. The overall perception ofrace relations has not changed significantly, with over 80% of Cupertino residents stating that race and ethnic relations in the City were "excellent" or "good." The proposal to establish a downtown in Cupertino continues to be supported by 75% of the city's residents.. Commissions Following last year's study of the City's nine commissions, there is a stronger link between the City Council and commission goals, clarified roles for commissioners and staff, and better reporting on commission accomplishments. The City also successfully launched its new Senior Commission. Communications While some e-government initiatives have been postponed due to budget constraints, we continue to work to improve the quality, efficiency, and effectiveness of city communications. The Cupertino website now has active links to City Council and Planning Commission minutes and staff report packets, as well as links to minutes archives and current agendas. The City Clerk's staff is continuing to scan documents into the automated records management system, which will make all resolutions, ordinances, and minutes available to the public on demand. City Channel staff has been working closely with the Public Works Department, architects, and consultants on the engineering for the Community Meeting Hall. The in-house expertise and design work done by City Channel staff last year has saved the project tens of thousands of dollars. G:ICily Managlfy04 Annual ReportlAnnual Report 2003-04 v3.doc Page 3 of 37 10-4 Customer Service Simplifying and streamlining service delivery to constituents continues as a priority. As part of this ongoing effort, the City has established 777-CITY as a single, easy-to-remember point of contact. Resident concerns, questions, and complaints are further served by a new channel of communications we have implemented. AccessCupertino collects, directs, records, and reports resident contacts and assures responsiveness to community issues. This service not only allows city employees a more robust and seamless environment for service requests, but AccessCupertino also allows the City to directly contact a resident, or groups of residents, regarding issues about which they have contacted the city. AccessCupertino YTD 76 III Complaints . Compliments DQuestions DSuggestions Communitv Development Block Grants The City of Cupertino is entering its second year as an entitlement community. The City receives its entitlement grant directly from the Department of Housing and Urban Development, although the City wiJI continues to coordinate with the Urban County and the other entitlement communities in the County of Santa Clara. For the 2004/05 fiscal year, the City's entitlement wiJI be $459,000. In May 2004, the City Council awarded funds to CDBG sub-recipients. The funds wiJI be used to support public service activities such as senior adult day care, legal assistance for seniors, housing placement for the low and very-low income and a ròtating homeless shelter. A significant amount of the CDBG funds will be used to assist Mid-Peninsula Housing Coalition to rehabilitate the Le Beaulieu Apartments on Bianchi Way. Accolades This past year saw continued awards, recognition, and leadership for the City and its staff. Once again, Cupertino was designated a "Very Low-Cost City" by the Kosmont Cost of Doing Business Survey. The City Finance Department also again received the Government Finance Officer's Association's Awards of Excellence for the City's budget and annual financial reports, confirming that City finances and reports continue to meet the highest standards. The Parks and Recreation Department received two Helen Putnam Awards for Excellence. The first was awarded in the category of Planning and Environmental Quality for the "Stevens Creek Corridor: What's Your Vision?" project. The second Putnam award in the category of Internal Administration for the "Balance or Bust" board game. G:ICity Managllý04 Annual RcportlAnnual Report 2003-04 v3.doc Pagc40f37 (0-5 The Beacon A wards are a nationwide competition for a variety of areas of accomplishment in videography. Cupertino was selected as one of the three best in the nation for meeting coverage for 2004. City staff continue to serve as leaders in a variety of organizations, including Ralph Qualls serving on the board of the California League of Cities, and City Manager Dave Knapp serving as co-chair of the City Managers Association of Santa Clara County. Conclusion The excellence of our City services and organization is built on the integrity and excellence of our staff. The economic outlook may be diminished, but the needs of the community and the commitment of our staff has not. Even though economic storm clouds continue to hang over Sacramento, our organization has not lost sight, nor wavered, from the priorities and high standards set by City Council and the community. G:\City Manag\/y04 Annual ReportlAnnual Report 2003-04 v3.doc Page 5 of37 10 -(p Parks and Recreation Department There are five divisions within the Parks and Recreation Department. They include the Senior Center, Youth and Teen Division, Fitness and Sports Division, Blackberry Farm/McClellan Ranch, and Quinlan Community Center/Special Events. The following are highlights from last year. SENIOR CENTER This division provides centralized services for people age 50 and over, including recreational activities, social services, educational programs and information on health insurance, immigration, and housing. The Senior Center has 3,100 members this year. 53% of the members are between the ages of 50 to 69, 44% are age 70 to 89, and 3% are over 90 years of age. Activities The Senior Center offered 11,661 hours of programming for fiscal year 2003-04, an increase from 9,100 hours last year. More than 66,000 senior participants attended classes, socials, and special events and trips, producing $489,000 in revenue. The Travel Program had over 90 days of senior travel this year. There were 1607 senior travelers that participated in twenty-six day trips and seven extended tours. Services The Case Management Program works with frail elders and their families to reduce the risk of illness, death or institutionalization by linking them with the services they need. This program operated from July 1 until the retirement of the case manager in December 2003. By December, the Case Manager had provided services for 103 clients. Volunteers The Senior Center greatly benefited from having 185 Senior Center member volunteers. The different assignments for volunteers are: front desk, translation and interpretation, hosting, instruction, kitchen crew, performing groups, newsletter, special events and social services. There were over 14,000 volunteer hours logged this year. Facility Use In FY 03/04, the Senior Center had 46 rental contracts that generated $17,455 in revenue. Additionally, the City of Cupertino used the Senior Center 13 times for public meetings. Senior Citizens Commission The Senior Center Manager and Parks and Recreation Department administration provide staff support to the newly developed five-member Senior Citizens Commission. The commission held its first two meetings in 03/04. G:\Cíty Manag\fy04 Annna! ReportlAnnua! Report 2003-04 v3.doc Page 6 of37 10- 7 YOUTH/TEEN DIVISION Summer Camps Currently, the Youth/Teen division offers 6 camps for youths, age 4-12 years, These camps are mostly half-day programs. One program, the day camp, is offered daily from 8:30 a.m. to 5:30 p.m. and meets the daycare needs of many working parents. To date (through July 19,2004), there are 737 participants enrolled in the camp programs, which have generated $144,465 in revenue. Registration will continue to be accepted until spaces are filled. Playgrounds There are currently 216 youths registered for the drop-in playground program offered at five playground sites: Creekside Park, Jollyman Park, Portal Park, Memorial Park, and Monta Vista Recreation Center. This is the first year a registration fee of$50.00 was charged for residents and $60.00 for non-residents. Thus far, $11,160 has been generated in revenue. After School Enrichment Program The After School Enrichment program offered classes in: art, music, foreign language, science, karate, dance, chess, ceramics, cheerleading, public speaking, debate and etiquette. New classes were offered in the areas of Computer Technology and Computer Writing skills. The total number of participants for the year was 1426 (716 participants in fall 2003 and 710 participants in spring 2004). The total annual revenue generated by the program was $221,375. Teen Programs The Teen Center, named "DOWN UNDER" by the teens themselves, opened its doors on January 10,2004 with a special event. The use of the new facility has grown and to date (through 7/19/04) there are 274 teens registered at the center. Activities at the center include: air hockey, Play Station games, foosball, movies, pool, computer games/use, and special events. (i.e. birthday parties, Teens and Tennis, Karaoke, and game tournaments). Eight middle school dances were offered this past year at the Quinlan Center, serving 3,421 participants and generating $20,829. A high school dance was offered again with attendance at 164, which was a 42% increase from 2003. The teen volunteer program continues to be successful with 33 teen volunteers signed up to work in our 2004 summer camp and aquatic programs. This year's volunteers were integrated into the staff in-service training that was held during the week of June 14, and in addition, volunteers participated in a two-hour training session that was specific to their roles. The Mobile Skate Park continues to operate at Creekside Park. Teen Commission The Teen Commission reviewed and approved the policies and procedures for the Teen Center and assisted with the grand opening event. They also hosted an evening Open House event at the center and coordinated the "Name the Teen Center" contest. G:\City Manag\ty04 Annual ReportlAnnual Report 2003-04 v3.doc Page 7 of37 10- 0' The commission participated in community service projects: Ringing in the Holidays. Adopt- A-Family. CEEF Galafundraiser, and Breakfast with Santa. The commission collaborated with other city teen commissions and attended the Youth Advisory Council Conference and presented a topic at the Bay Area Youth Advisory Group Conference. The Teen Commission collaborated with other Cupertino Commissions, such as the Safety Commission to solve a safety pedestrian issue near Monta Vista High School. They also met with the other commissions to learn about their projects and shared current information regarding teen services and the teen commission. The commission assisted staff with the community high school dance that was held at the Quinlan Community Center on March 5, 2004. Preschool Programs The Parent-Tot preschool program is offered each weekday at Portal Park for children ages 18 months-4 years. This program is designed to prepare parents and toddlers for an independent preschool program. There were 234 participants enrolled in this popular program that generated $38,892 in revenue. The Preschool program is offered to 3-5 year old students at two locations: Quinlan Community Center and Monta Vista Recreation Center during the months of September-June. Kindergarten readiness activities are included in the curriculum: arts and crafts, music, motor movement, science and nature, group games, sharing, cooking and more. The Preschool program served over 150 students who register for all three sessions during the school year and generated $207,222 in revenue. A successful new event, Big Bunny Brunch, was offered at Creekside Park this year to participants in the preschool and parent-tot programs. Highlights included food, music, pony rides, crafts, petting zoo, and pictures with the Spring Bunny. SPORTS AND FITNESS DIVISION The Sports and Fitness Division includes the operation of the Cupertino Sports Center. This past year, 8,000 tennis lessons were given to youth and 1,500 to adults. Last year's total lesson revenue exceeded $779,000. The Sports Center went through a major renovation, which saw the center closed for seven months. A successful grand opening on January 10 brought over 1,000 interested people. Pass sales are steadily increasing. In fiscal year 03/04, 595 passes were sold and, as of June 2004, the center had 879 members The Summer Learn to Swim Program provided instruction to 1,500 participants last summer with revenue of$81,500. There were 1,500 participants on 86 teams that played adult softball, generating $41,500. G:ICity ManaglryO4 Annual RepnrtlAnnual Report 2003-04 v3.doc Page 8 of3? /0-'1 BLACKBERRY FARM Blackberry Farm Picnic Grounds Celebrating its' 50th year of operation, Blackberry Farm Picnic Grounds attracted over 60,000 visitors in another successful season. Over 480 reservations were taken for groups, companies, youth excursions and family gatherings. Staff catered over 45 events serving 10,152 meals. Ninety full-season passes and 10-day passes were purchased with 75% purchased by Cupertino residents. Total revenue from picnic grounds operations was over $670,000. Blackberry Farm Golf Course The Blackberry Farm Golf Course enjoyed another very successful year. The contractual maintenance of the golf course continues to be outstanding with many customers expressing their satisfaction on the condition of the course. The golf course accommodated over 65,000 rounds of golflast year, generating over $665,000. McClellan Ranch Park The department's naturalist programs at McClellan Ranch were very well-attended. More than 3,000 elementary school children participated in the creek education program. Nature camp and after school classes attracted over 500 participants. More than 900 visitors attended the Saturday drop-in Nature Museum for family programs, which were free to the public. In addition, 120 high school students participated in field studies at McClellan Ranch. The Community Garden program remained popular with over 68 plots being reserved, and with a small waiting list for new gardeners. The Nature Program will begin to transition from providing free community programs to offering revenue-generating classes and school tours in 2004/2005. The Creek Education program will remain free to schools. QUINLAN COMMUNITY CENTER/CULTURAL DIVISION Quinlan Community Center There were 383 Quinlan Community Center rentals in the last fiscal year, generating $95,508. The 126 rentals for Memorial Park facilities generated $7,006. Linda Vista Park was rented 64 times, generating $4,130. Thirty-nine rentals for Portal Park produced $2,130 in revenue. Cultural Division In the last fiscal year, 472 cultural classes were offered for total revenue of$276,369. Of the 472 classes offered, 78 were for adults, 24 were for teens, and 370 were for youth. The total number of participants in cultural classes was 2,967. ADMINISTRATION The following were the major projects undertaken by the division: Concluded the community visioning process for the Stevens Creek Corridor Executed contracts under two funding programs with the State of California for the Stevens Creek Corridor G:\City Manag\fy04 Annual ReportlAnnual Report 2003-04 v3.doc Page 9 of3 7 /0 - 10 Applied for grant funding for the Stevens Creek Corridor project under two programs- Urban Park Act and Land and Water Conservation Fund Commenced discussion with the Santa Clara Valley Water District on a partnership to restore the riparian habitat and remove barriers to fish passage within Stevens Creek Completed the renovations of Portal and Wilson Parks and re-dedicated them Presented the community fireworks launch from Cupertino High School Created a board game for the annual Community Congress Produced the fall 2004 Recreation Schedule Brochure in-house (formerly outsourced to graphic artist) Parks and Recreation Commission Made recommendations to the City Council regarding a program for Stevens Creek Corridor Park Revised policies for the new Cupertino Sports Center Reaffirmed the USTA scheduling priority at the Cupertino Sports Center Made recommendation to City Council for an $11 per player fee for the nonprofit youth sports groups Held a public hearing on the name of the park at Stevens Creek and De Anza Boulevards (Cali Mill Plaza) Made a recommendation to the City Council regarding sports field usage for permitted Sunday play at Creekside and Jollyman Parks. G:IC;ty Managlty04 Annual ReportlAnnual Report 2003.04 v3.doc Page 10 of37 10- If Capital Improvement Proe:ram In implementing the largest and most aggressive capital improvement program ever, the Public Works staff, working with the other departments and a team of consultants, has successfully completed design and Phase I of the $24.3 million Civic Center and Library project, including the relocation of the existing Library, the $2.4 million Sports Center Renovation Project, and the $1 million City Center Park project. All three projects were successfully bid and construction has been completed within the authorized budgets on schedule on both the Cali Mill Plaza and Sports Center Renovation projects. The Civic Center and Library Project continues construction on schedule and budget. In addition to completing the feasibility study on the $6.8 million Mary Avenue Pedestrian Footbridge, the Public Works staff has secured funding for design, a consultant contract for the design of the bridge has been awarded, and work is underway. Staff working with VTA and Caltrans has now successfully ensured that full grant funding has been committed for the project. G:ICity ManaglfY04 Annnal ReportlAnnnal Report 2003-04 v3.doc Page 12 of37 10-1 ~ Community Development Department The Community Development Department is responsible for all current and advanced planning and development-related activities of the City. The current planning function reviews all development applications. The long-range planning function prepares the City's General Plan and plans for special planning areas such as Heart of the City and Monta Vista. The department also performs Redevelopment Agency and Economic Development functions and prepares the City's Community Development Block Grant Program. lt also provides inspection and plan check services for all building permits and issues those permits upon compliance with building codes and local approvals and ordinances. Department staff provides daily front counter, telephone, and Internet coverage for direct business questions and general information services. The Department also provides staff support for the City Council and the Planning Commission, Design Review Committee, Housing Commission, Environmental Review Committee, and Economic Development Committee. Additionally, the Community Development Department supports other departments development projects and environmental reviews for such projects as the library and community hall, Cali Mill Plaza, and the Stevens Creek Corridor project. Plannine Commission The Planning Commission consists of five residents appointed to four-year terms by the City Council to hear and make recommendations on all current planning and advanced planning applications described in the following sections. The five members currently include Chairperson Taghi Saadati, Vice-Chairperson Gilbert Wong and Commissioners Marty Miller, Angela Chen and Lisa Giefer. Current PlanninelDevelopment Review The number of current planning applications increased from 130 last year, to 165 applications this year. This includes residential design review of 31 single-family residences. The current planning function coordinates study sessions for major projects such as Valko Fashion Park and the Hewlett Packard property and continues to communicate and implement all city development-related policies in new developments that help to build community such as encouraging walkability and providing exterior visible activity such as outdoor dining opportunities. The current planning function also assists with zoning code enforcement for illegal uses or failure to comply with conditions of approval. The Planning Division worked on the following complex projects: Hewlett Packard site on Stevens Creek Boulevard and Finch Avenue (staff discussed development options with prospective purchasers of the property) Menlo Equities approval of 107 residential units and 6,500 commercial square feet Valko Fashion Park (began review of application for 204 residential units and 105,000 square feet of retail on and near the "Rosebowl" site Good Earth Restaurant replacement Town CenterlCivic Park (architectural and site approval and building plan check) Oaks Shopping Center proposal to add residential units to an existing retail center G:ICity Managlty04 Annua] ReportlAnnua] Report 2003-04 v3.doc Page]3 of37 I Ú -/~ Capital Improvement Program Environmental Review Saron Gardens demolition of an existing 40 unit apartment and replaced with 55 town house units (building plan check) Advanced Planninl! The major focus of the Advanced Planning program has been the General Plan Update. The Planning Division also worked on the long range planning projects listed below. General Plan Update: Convened 72-person, General Plan Task Force; met 12 times plus field trips Presented Task Force Recommendations to City Council/Planning Commission City Council approved Task Force draft as the base document for the General Plan public hearing draft Initiative Reports on housing, economic and legal impacts of a proposed initiative Rl Ordinance update Monta Vista Annexation successfully completed Parking Ordinance updated Communitv Development Block Grant (CDBG) Prol!ram The City of Cupertino is entering its second year as an entitlement community. The City receives its entitlement grant directly from the Department of Housing and Urban Development, although the City continues to coordinate with the Urban County and the other entitlement communities in the County of Santa Clara. For the 2004/05 fiscal year, the City's entitlement will be $459,000. In May 2004, the City Council awarded funds to CDBG sub-recipients. The funds will be used to support public service activities such as senior adult day care, legal assistance for seniors, housing placement for the low and very-low income, and a rotating homeless shelter. A significant amount of the CDBG funds will be used to assist Mid-Peninsula Housing Coalition with the rehabilitation of the Le Beaulieu Apartments on Bianchi Way. The 27-unit apartment complex for the physically handicapped was built in 1984 and is in need of repairs to the wheelchair ramp and lift. Housinl! Prol!rams Other significant successes in the City's efforts to support affordable housing include one of the first approved General Plan Housing elements in the state and the completion of Vista Village, Cupertino's multimillion dollar collaboration with the Cities of Sunnyvale, Santa Clara and Los Altos, the County of Santa Clara and Cupertino Community Services. This effort was well documented in an article in the May 2003, edition of Western City Magazine, "Affordable Housing Isn't an Oxymoron in Cupertino Anymore." The development continues to receive praise and is often toured by community groups interested in good examples of affordable housing development. G:\City Manag\fyO4 Annual Report\Annual Report 2003-04 v3.doc Page 140f37 /0-1 => The Planning Division focused on the following housing-related programs: Implemented the 2003/2004 Community Development Block Grant (CDBG) Program Adopted the CDBG Citizen Participation Plan Adopted the Consolidated Plan Awarded CDBG sub-recipient grants for the 2004/05 program year Redevelopment Prol!.ram Planning Division staff met with, and responded to inquiries from the purchasers of Vallco Fashion Park, and coordinated a study session with the City Council. Buildinl!. Division The level of activity in the Building Division increased significantly from the prior year. Building staff processed and plan checked 1,990 building permit applications compared to 1,610 in 2001/02 (a 24% increase). The Building Division conducted 17,020 building inspections in 2002/03 compared to 12,650 in 2001/02 (a 35% increase). Building valuation equaled $224,300,000 in FY 02/03 up from 84,400,000 in FY 01/02 (a 165% increase). Buildinl!. Division The level of activity in the Building Division increased for smaller projects. However, a decrease in the number of new multi-family dwelling developments resulted in a lower overall valuation for projects in the 2003/2004 budget year. Building staff processed and plan checked 2,158 building permit applications, compared to 1,990 in 2002/03 (9% increase). The Building Division performed 16,354 building inspections in 2003/04, compared to 17,020 in 2002/03 (4% decrease). Building valuation equaled $119,104,827 in FY 2003/04, down from 224,300,000 in FY 2002/03 (47% decrease). GolŒy Managlfy04 Annual ReportlAnnual Report 2003-04 v3.doc Page 15 of37 to-fro SHERIFF'S DEPARTMENT The Sheriff's Office is dedicated to preserving public safety by providing innovative and progressive services in partnership with the citizens, public officials, businesses, and city staff. The principal mission of the Sheriffs Office is to protect life and property in the community. Criminal Activitv In fiscal year 2003-2004, the city of Cupertino experienced a decrease of 8% in crimes against persons (homicide, rape, assault, and robbery) compared to the same period in fiscal year 2002- 2003. The national trend for crimes against persons was an increase of 3.2%. There was a 50% increase in the category of the Sexual Assaults (Rape). A review of all six (6) sexual assault cases found five (5) involved juveniles. These juveniles were at parties and intoxicated or under the influence. One of the juveniles was not sure where the assault occurred, but she thought she was at a party in Cupertino. We do not argue jurisdiction, but do think of the victim and conduct the initial investigation/report. The sixth case involved a spousal rape. A criminal complaint was not filed with the court. The victim refused to cooperate with the detectives and the District Attorney after the initial report. The husband who was arrested for the homicide of his wife on June 25, 2003 on Kingsbury Court is still in custody, working his way through the court process. Property crimes (burglary, theft, and auto theft) showed a decrease of 10%. The national trend is an increase .1 %. There was a 5% increase in burglaries. Auto burglaries and the commercial burglaries increased slightly, accounting for the 5% increase in the Burglary category. Person Crimes FY03 FY04 Change Percent Difference Homicide 1 0 -1 -100% Rape 4 6 2 50% ssault 73 65 -8 -11% Robbery 20 19 -1 -5% OTALS 98 90 -8 -8% Property Crimes FY03 FY04 Change Percent Difference Burglary 493 520 27 5% Theft 645 512 -133 -21% Auto Theft 41 33 -8 -20% TOTALS 1179 1065 -114 -10% G:ICity Manag\fyO4 Annual ReportlAnnual Report 2003-04 v3.doc Page 16 of37 /D - 77 Traffic In fiscal year 2003-04, there were 628 traffic collisions. This was a decrease of 170 collisions from the previous fiscal year. Moving citations increased 14%, Non-Moving decreased by I %, and Warnings decreased by 3%. Traffic Collisions FY03 FY04 Change Percent Difference Fatal 2 0 -2 -100% Injury 183 137 -46 -25% Property Damage 613 491 -122 -20% TOTALS 798 628 -170 -21°/0 Pedestrian Involved 4 1 -3 -75% Accident Bicycle Involved Accident 2 3 1 50% TOTALS 6 4 -2 -33°/0 Traffic Citations Issued FY03 FY04 Change Percent Difference Moving Citations 5644 6453 809 14% Non-moving Citations 4620 4588 -32 -1% Warnings 299S 2921 -74 -3% TOTALS 8418 13962 703 5°10 G:IC;¡y ManaglfYû4 Annual ReportlAnnual Report 2003-04 v3.doc Page 17of37 IO-/f Response Times The Sheriff's Office responded to 12,214 calls for service during the 2003-2004 fiscal year. This was a decrease of 1,657 calls for service from the previous fiscal year. The following chart shows response times for the fiscal year 2003-2004 compared to fiscal year 2002-2003. Response times are inclusive from the second ring at County Communications, until a deputy arrives at the scene. We continue to strive to meet our goal of five minutes for Priority I, nine minutes for Priority 2, and twenty minutes for Priority 3 calls. Response Times FY03 #ofCalls FY04 #ofCalls Priority 1 5.21 111 5.48 87 Priority 2 9.57 7526 8.71 6367 Priority 3 19.33 6234 18.82 5760 Overall 34.11 13871 33.01 12214 Other Activities The Sheriff's Office applied for and received two grants from the California Office of Traffic Safety (OTS). One grant funded the overtime cost to operate Driving Under the Influence Checkpoints (DOl Checkpoint) in December of 2003 and June of 2004. The DOl Checkpoints were located on eastbound Stevens Creek Blvd. near Finch Avenue. The other grant funded the overtime to operate special Traffic Enforcement Units to enforce "seat belt" laws. The additional units conducted enforcement during the months of November 2003 and May 2004. On May 27, 2004, the Sheriff's Office and the City of Cupertino hosted an "Identity Theft" community crime prevention forum at the Quinlan Community Center. Approximately 150 to 175 community members participated in the forum. The Cupertino Sheriffs Station opened in late June 2003 at the Cupertino Quinlan Center. Personnel assigned to the office space included: I Sheriff's Sergeant - Community Resource Officer 1 Sheriffs Sergeant - Traffic Programs Coordinator 2 Sheriff's Deputies - School Resource Officers 2 Sheriff's Deputies - DARE I Juvenile Probation Officer 2 Sheriffs Office Volunteers There is also a workspace for on-duty deputies to meet citizens, report write, conduct follow-up as well as take meal breaks. The services provided by this facility include: G:ICity Managll);04 Annual RcportlAnnual Report 2003-04 v3.doc Pagel80f37 /o-f9 Sheriffs Neighborhood Outreach Programs like Neighborhood Watch, Neighborhood Traffic Calming, and the e-mail Community Alert Program (eCAP). This site has a Megan's Law public viewing station and serves as a location for child car seat inspections. Citizens routinely come into the station seeking advice or help with neighborhood or personal issues that require a law enforcement perspective. Department Improvements/Pro!!rams During the last twelve months, the Neighborhood Watch Program in Cupertino had a slight rise in participation bringing the total number of active Watch Groups in the city to 56. The Neighborhood Watch Groups are comprised of 1 ,500 homes representing 177 residential streets. eCAP has decreased to ],]25 from ],500 subscribers. The eCAP Program switched to Yahoo as the email provider, which may have affected the number of subscribers. Merchant e-mail Alert Program has 21 subscribers. School Resource Officers and the DARE Deputies continued their involvement in youth programs aimed at education, prevention, and intervention. These deputies also worked closely with school officials in offering assistance and guidance. The School Resource Officers organized and participated in the Youth Court Program, Teen Academy, and the School Attendance Review Board (SARB). The School Resource Officers and DARE Deputies provide presentations on the following: fighting, bullying, drugs, alcohol, stealing, cheating, stranger danger, and youth violence prevention seminars. Over 3,500 Cupertino students participated in these presentations by the deputies. The School Resource Officers also help facilitate two "Every 15 Minute Programs" at Homestead and Cupertino High Schools. This program was developed in 1995. According to the California Highway Patrol, in 1997 a person was killed in an alcohol related traffic collision every 15 minutes. Today, that number is one in every 23 minutes. Teen drivers are responsible for a highly disproportionate number of collisions, injuries, and deaths. The Every 15 Minute Program is a two-day program focusing on junior and senior high school students, which challenges them to think about drinking, driving, personal safety, and the responsibility of making mature decisions and the impact their decisions have on family, friends, and the community. The program takes approximately 8-10 months to prepare and plan. Day one is a reenactment of an alcohol traffic collision before an assembly of the school. Students are also pulled out of class for the day to indicate the number of people who will be killed in a traffic collision based on the student population. The students participate in an overnight retreat and share their thoughts and experiences with law enforcement, medical providers, and counselors. Day two is a funeral/assembly where the students read essays written during the retreat explaining their thoughts and feeling about their hypothetical deaths. The program's primary objective is proactive education for high school students. It is not possible to attend this program and not be affected by it. G:\City Manag\ty04 Annual ReportlAnnual Report 2003-04 v3.doc Page 19 of37 10-,;)0 The Sheriff's Office Community Services Division hosted D.A.R.E. Programs, in cooperation with the Cupertino Union School District and some private schools. There were 639 students in nine schools in the City of Cupertino who participated in this program. Students were provided information and tools to help prevent alcohol and drug use, violence, gangs, and build students' self esteem. These Deputies were transferred in mid fiscal year under the authority/direction of West Valley Patrol Division. The Community Services Division was deleted, because of the County and Sheriff's Office budget reduction plan. G:\City Manag\/yO4 Annual ReportlAnnual Report 2003-04 v3.doc Page20of37 /O-d. { Public Information Office Continuing to build on the effort begun in the spring of 2001, Public information staff has been implementing a strategic reassessment of City communications. Priority projects have focused on greater capacity and coordination of communications so that the City will be better able to communicate with, and to serve, the public. Enhanced coordination, higher standards, and more effective and targeted means of communication with city residents will continue to be a high priority. Communications Audit Committee The PIO chairs the Communications Audit Committee (CAe), an employee committee working to implement the recommendations of last year's communications audit. Accomplishments to date include, recommending and implementing a customer management system (AccessCupertino), distribution of resource guide to all departments and creating designated display areas in city facilities. Communitv Survev The biennial survey of city residents was conducted this Spring. This is the only scientific gathering of opinions for the entire community, not just voters. While showing some decline in intensity, resident satisfaction with city services continues to be high with 87% of residents either "somewhat" or "very" satisfied with city services. Websites The City Webmaster coordinates with the all departments to make sure that the City's website is up-date and current. We are constantly looking to add more service-oriented functionality to the site. The Webmaster also is in process of designinglimplementing the City's Intranet. The staff is also responsible for managing teen commission, blackberry farm and the Cupertino-library websites. The website staff overseas the overall hosting, deployment and content updates for the web platform. The Citv Channel In spite oflosing a full-time staff member, the City Channel has maintained a high level of service to residents, as well as maintaining a high level of support to other departments within the city. Working closely with the Public Works Department, video department staff have managed the design and installation of the control room and community hall audiovisual systems and continues to provide coverage of city meetings and community events including the State of the City Address, CREST Awards, press conferences, the Sports Center Grand Opening, Identity Theft Forum, and the Cali Mill Plaza Grand Opening Ceremony. Communitv Meetinl! Hall Public infonnation staff has played a significant role in the design of the audiolvisual systems in the new community meeting hall. At the same time as a 33% staff reduction at the City Channel, staff has spent hundreds of hours working on re-engineering and redesign of the Community G:\City Manag\Jy04 Annual ReportlAnnual Report 2003-04 v3.duc Page210f37 10- d. d. Meeting Hall and city channel control room. The in-house expertise and design work done by City Channel staff last year has save the project tens of thousands of dollars. AccessCupertino Community congresses, surveys, and staff have been unanimous in identifYing communications between city departments and the public as a priority. To address this need, the CAC has evaluated and recommended a customer management system. Branded locally as AccessCupertino, the PIO has conducted and coordinated staff trainings and is managing the system. AccessCupertino has gone through several improvements and provides detailed information on city response times and service levels. Webcastinl!: City Channel continues to support webcasting. This is the fastest growing means for residents to get information about the city council. One hundred hits have been registered in a single day. Use of web casting continues to expand as an important research and documentation resource for the public, media, and city staff. Cupertino Scene Multiple surveys confirm that this publication remains the single most important source of city information for the community. A new printing agreement has enabled us to print 8 of the Scene's 16 pages in four-color process for the same cost to the City as had been spent for two- colors in 1998. Format changes have also reduced mailing charges. Public Access With no service reduction to resident producers, the City has negotiated an agreement to provide public access services to Cupertino through KMVT. A savings of $57 thousand continues to be realized annually. Telecommunications Commission The Telecommunications Commission has been working closely with the Planning Commission and Planning Department staff regarding the Wireless Services Master Plan. In spite of the recent economic slow down, all indications are that pressure will increase to place more antennas closer to residential neighborhoods. The draft Wireless Services Master Plan places the City ahead of the legal and regulatory curve. G:\City Manag\fy04 Annual Report\Annual Report 2003.04 v3.doc Page 22 of37 fO - ¿;¿ 3 Library The Cupertino Library is a member of the Santa Clara County (SCC) Library system, rated #1 in its population served category by Hennen's American Public Library Ratings (HAPLR). The city has been supplementing the library's budget by the amount of $84,000 for 4 hours of additional service on Sundays. The funds and the hours will be discontinued as ofthe new fiscal year. From July 1,2003 through June 30, 2004, Cupertino Library checked out 1,917,947 items to the community, an average of 643 items per hour. There were 321,635 visits to the library in that same fiscal year. During this time, the library has been located in a temporary facility about one. third the size of the old library; much of its collection has been in storage. Despite the size of the facility and the smaller collection, circulation increased from 1,737,447 items to 1,917,947 items, and the average number of items checked out per hour increased from 601 to 643. In the old building, Cupertino Library had the highest circulation of the Santa Clara County Libraries. In its temporary facility, Cupertino Library has the second highest circulation among those same libraries. lt has consistently checked out more items than Los Altos and Woodland Libraries together and more than the new Saratoga Library. Only Milpitas Library with its full collection and larger community population checked out more items during this fiscal year. During fiscal year 2003/04, library staff continued to encourage library patrons to utilize the four automated self-checkout machines. As a result, the annual percentage of circulation at the self- checkout machines rose from 24% or 417,000 items in the prior fiscal year to 40% or 759,000 items in 2003/04. This is the highest percentage of self-checkout machine usage among the member Santa Clara County Libraries. The library with the next highest percentage of self- checkout usage is Saratoga Library with 36% or 496,047 items. Librarv Commission The Library Commission continued to participate in an exchange program of books with our friendship city Hsin Chu, Taiwan, this year. In addition, the Commission formed sub-committees that made recommendations on the relocation to a temporary site, adequacy of parking, and items of importance for the new library building. G:ICity ManaglfyO4 Annual RcportlAnnual Report 2003-04 v3.doc Page230f37 /0 -;;;,4 Administrative Services Department The Administrative Services Department is comprised of eight divisions including Finance, Information Technology, Human Resources, City Clerk, Code Enforcement, Community Outreach (Emergency Preparedness, Leadership Cupertino and Tomorrow's Leaders Today), Economic Development, and Treasury. Finance The Finance Division provides accurate and timely maintenance of all City financial records, collection, disbursement of all monies and payroll processing. It prepares all required Federal, State and other agency reports, prepares the budget and audit reports, and monitors the budget activities for both operational and capital budgets. Business licenses are also processed out of this section. Specific accomplishments this year include: Prepared a balanced budget for fiscal years 2004/05 through 2008/09 and proposed additional revenue scenarios for Council consideration. Implemented budget cuts for the 2003/04 fiscal year, while substantially maintaining current service levels. Tracked LibrarylCivic Center project expenditures; prepared and submitted periodic requisitions to the escrow agent for drawdown of 2002 debt refinancing COP proceeds held by LAIF. Prepared Comprehensive Annual Report for the fiscal year 2002-03 in compliance \Yith GASB 34. Final implementation of GASB 34 required coordination of information from Public Works infrastructure system managers and the various databases used to manage infrastructure inventories. Provided initial-year Management's Discussion and Analysis (MD&A) based on new Government Wide Financial Statements. Obtained GFOA's Award of Excellence for the City's budget and annual financial reports. Created a database of 600 independent contractors not previously obtaining business licenses with the City to achieve greater compliance. Prior year efforts in this area resulted in business license revenues growing from $522,000 in fiscal year '03 to $557,000 in fiscal year '04. Created mass mailing labels from a defined selection of the City's Business License database for the City Manager's letters to business owners. Sought out and obtained advantageous pricing for Office Supplies to reduce this expense Citywide. Obtained bids for single-color stationary (envelopes, business cards, etc.) in consideration of further cost savings. Provided bi-monthly financial update reports to the City Council. In the process of preparing a claim for small claims court, outlined a process for (and noted considerations involved in) preparing, serving and submitting such claims as needed in the future. Secured log-on and obtained training on use of HUD's Integrated Disbursement Information System (IDIS) for the drawdown offederal funds (CDBG grants). Drafted and proposed a 9-1-1 fee for a potential revenue stream of $650,000 per year. G:ICity Managlfy04 Annual ReportlAnnual Report 2003-04 v3.doc Page24of37 jO-d,S Assisted departments through a difficult budget year by providing both revenue and expenditure projections via account and trend analyses. Processed over 6,900 accounts payable checks, 700 purchase order requests, and 6500 paychecks; prepared 3000 business license renewals and processed over 1050 new business license applications; approximately 990 invoices for false alarms and miscellaneous billings. Negotiated the 2003/04 Youth Probation Officer contract. Evaluated and recommended a site for the new West Valley Sheriff Substation. Participated on the negotiation team to reopen, draft and prepare a new 10-year Sheriff Contract. Drafted RFP for actuarial services for Worker's Compensation liabilities and reserves review for fiscal years ended June 30, 2004 and 2005. Contracted for the City's first actuarial analysis of the City's retiree medical benefit, required for the future accrual and reporting of post-employment (OPEB) costs. Reported results to the Audit Committee and Council; considered funding implications for 2005 and subsequent budgets. Provided staff support for the audit committee. Reviewed the financial statements of two festival organizers to ensure compliance with proper financial reporting procedures. Developed an RFP for Banking Services, to ensure that the City continues to obtain competitive pricing for such services. Proper evaluation of the nine responses received required a complete examination of current City practices and capabilities, particularly in the areas of deposits, on-line account access, and merchant card processing. Five banks were asked to provide presentations to the selection committee, emphasizing these three areas. The selection committee analyzed detailed pricing and service information from the banks' proposals; references were checked. Information Technolol!V This division provides and manages citywide information technology. The IT Manager and her staff implement the City's Technology Master Plan, assist in training staff and troubleshoot information systems including the web site, Finance and Building systems, the Records Management system, Recreation Reservation systems, GIS data, Code Enforcement databases and the specific departmental MS Access databases. Extending our network outside of City Hall allows staff to view email and even work from home. This year's focus was about standardizing on hardware and software throughout the city, improving customer service, and strengthening security parameters for better network protection. Specific accomplishments this year included: Upgraded/added from 20 to 23 servers to our network including additional power protection for all major equipment. Upgraded the Finance, Code Enforcement, Laserfiche, and Web link software packages. G:\City Manag\fY04 Annual RcportlAnnual Report 2003-04 v3.doc Page250f37 /D ~:;).(o Upgraded entire city staff to new Dell PC standard (as opposed to one third city staff) including developing imaging packages for faster build and delivery; customizing each install and delivery to specific user needs; troubleshoot and maintain all software applications to Windows 2000 standard Setup and maintained Teen Center networks that includes support for TWO separate networking environments. Setup monitoring tools for teen Internet usage. Trained all teen staff on software, setup and maintenance of lab PCs and basic computer knowledge such as network and email use. Installed new security software server package for implementation of security policy to be developed 2004/2005. Maintained and upgraded lIS servers (web servers) with latest security vulnerability patches. Also maintained security first level verification with new Verisign certificates and seals. Research and deciding team for network environment to be installed at Community Hall October 2004. Participated in the selection team for reviewing, interviewing, and deciding Banking RFP project. Upgraded the Sports Center network including new server, workstations, and new cash drawer and receipt printer. Research and purchase of new networking switch equipment to be delivered 2004/2005. Updated Disaster Recovery Plan with new backup rotation and tape retention. Upgraded SPAM e-mail filtering, upgraded the network security systems, upgraded the checkpoint firewall system, and upgraded antivirus programs for server and desktop deployment. Upgraded network analysis tools including Fluke's OPV, Track It, and WebEx. Continued enhancement of the MapGuide Project to provide easy access to maps and reports. Selected Lynx Technologies to digitize building polygons from the City's existing orthophotography. Prior to this Lynx had completed a portion ofthe City's buildings in a dense redevelopment area around De Anza Boulevard and Stevens Creek Boulevard ("Crossroads"). All polygons have been digitized with orthogonal linework by setting local coordinate systems (UCS) for each building. All commercial and industrial sites, public facilities, and major residential complexes were captured. Polygon topology was constructed for this data set. A master address database was also created to link each structure and the associated APN(s). This will significantly enhance the theme's functionality because it will associate all mailing addresses to each site, as well as the associated parcel owners. Lynx Technologies has included a master address database as part of the basemap maintenance. This includes verification of the existing mailing addresses by parcel, addition of secondary addresses, and validation against a current post office-certified address database Lynx Technologies provided GIS conversion services for a bridges and freeway access traveled ways layer. These features were captured using a combination of the City's digital orthophotography and CalTrans right-of-ways maps and other improvement plans G:ICity Managlty04 Annual RcpnrtlAnnual Report 2003-04 v3.doc Page260f37 /0 - ;;n as necessary. Centerlines were included for the on and off ramps and append it to the existing centerline coverage. Bridges are part of the right-of-way (ROW) line theme. Both sources are required because of the distortion inherent in the photography As part of the City's General Plan Update, the Planning Department selected Cotton Shires & Associates to update the Geologic and Seismic Hazards Map. This map is based largely on the compilation of preexisting data. Locations of fault traces are based on mapping by the United States Geological Survey (Sorg and McLaughlin Map MF-643, 1975) with modifications to reflect results of unpublished, site-specific fault investigations submitted to the City. Boundaries of Slope Instability, and Liquefaction I Inundation Zones, are based primarily on mapping by the California Geological Survey (Seismic Hazards Zones - Cupertino Quadrangle, September 2002). The consultant submitted a pencil drawn draft map to the GIS Coordinator, displaying the new fault lines and hazard zones, using the City's parcel map as a base. This draft was then scanned at its present scale into .jpg format, imported into Arc View and georeferenced to the digital parcel map. The new hazard zones and fault lines were created by performing heads up digitizing in Arc View. The final map was broken into 4 quadrants, each 34x44 sheet at a scale of I "=500' for easy reference. The project and all subsequent shapefiles were created in Arc View 8. Metadata is available. Continued to implement the GIS system with FEMA map updates, zoning maps, and annexation maps. Performed troubleshooting, installation and maintenance for 150 city employees including upgrades to software applications and hardware drivers and 20- networked servers. Selected Lynx Technologies to map several storm related physical features, which have been topologically structured and capable of being linked to associated attribute tables. All of the data fits the City's digital orthophotography within a horizontal positional accuracy of 2.5 feet. Development of the storm drain system included the following data layers and characteristics: 1. Structures: Manholes differentiated if specified, risers, cleanouts, lampholes, and pump stations 2. Mains: (gravity and forced) separated by type and diameter with flow indicator 3. Structure Annotation: ID, and Rim and Invert (if available) 4. Main Annotation: Size, material, diameter, length, slope Maintained contractual agreements with over two-dozen hardwarelsoftware vendors. Participated in the Countywide GIS Partnership project. Human Resources Human Resources is responsible for the administration of a full range of personnel and risk management services. Functional responsibilities include employee relations, labor negotiations, recruitment and selection, classification, compensation,. training, organizational development, employee benefits, retirement, workers compensation, insurance adminis~ration, and safety. Although recruitments were cut back a result of a citywide hiring freeze this year, the division G:\City Manag\fy04 Annual ReportlAnnual Report 2003-04 v3.doc Page 27 of37 /o-d.f focused a great deal of attention on employee performance and acceptable job standards. Special accomplishments are described below: Developed and implemented an employee performance evaluation program that schedules evaluations, provides supervisory training, tracks timely completion, and reports results to the City Manager. Since implementation, the new program has resulted in 100% timely completion of employee performance evaluations citywide. Negotiated fiscal year 2004/05 employment contract with the City Employees Association that includes cost savings from five unpaid work furlough days and a holiday week facility closure. Amended labor agreement, Personnel Code, Administrative Procedures and the Unrepresented Employees Compensation Program. Negotiated a three year employment contract with public works employees represented by Operating Engineers, Local Union No.3. that offsets rising employee benefit costs with a 3.5% employee compensation cut. Conducted compensation surveys, costed proposals, prepared and presented staff reports. Executed a PERS contract amendment extending vesting requirements for retiree medical benefits. Established an Administrative Procedure defining eligibility, benefit levels and the extended vesting schedule. Conducted quarterly labor management meetings with OE3 and CEA. Served as Municipal Employee Relations Officer resolving grievances, conducting investigations, and administering progressive discipline. Developed an employee suggestion program to illicit employee ideas for enhanced customer service, reduced/eliminated expenditures and revenue generation. Developed a voluntary work furlough program for additional budget savings. Negotiated substantially lower premiums for long-term disability and life insurance for the same level of coverage saving the city approximately $70,000 annually. Achieved significant cost savings by joining the California Public Entities Insurance Authority (CPEIA), which provides pooled coverage for excess workers' compensation. Participated in the Bay Area Medical Review (BAMR) group to actively explore options for health insurance coverage. Provided census data, discussed with bargaining units, received and analyzed quotes. Staged an employee wellnesslbenefits fair and administered health benefits open enrollment. Noticed employees of changes to deferred compensation programs. Scheduled quarterly informational meetings with deferred compensation program representatives. Amended Section 218 provisions providing employees hired prior to April 1986 with the option for Medicare participation. Conducted four recruitments for full-time administrative & maintenance positions. Filled 69 part-time positions. Administered qualification appraisal boards, written exams, and established eligible lists. Scheduled and monitored results of fingerprinted criminal history records checks, pre-employment medical evaluations, and TB testing. Prepared offer letters and conducted new employee orientation. G:\City Manag\fy04 Annual ReportlAnnual Report 2003-04 v3.doc Page 28 of37 jo-acr Conducted 20 citywide BEST training classes including cultural unity, customer service, preventing sexual harassment and workplace violence, leadership communications, performance evaluations, limiting liability, stress management, workplace ergonomics, retirement, deferred compensation, first aid and CPR. Developed a new forum for cultural unity training featuring presentations from the community. Received outstanding reviews from participants. Initiated and organized West Valley Cities consortium providing quality training at substantially reduced rates through regionalized cost sharing. Prepared quarterly reporting of new hires. Tracked, monitored and reported temporary employee hours. Established three new job classifications. Conducted job analysis, established minimum qualifications, prepared class specifications, and made salary recommendations. Processed 26 workers' compensation claims. Scheduled four ergonomic evaluations for employee workstations. Processed eight employee retirements and four separations. Conducted exit interviews. Updated health benefit rate changes and employee salary adjustments to payroll system. Renegotiated and updated general liability, property, errors and omissions and earthquake insurance policies. Added coverage for pollution liability. Processed 22 general liability claims. Completed interrogatories, located and provided subpoenaed documents, coordinated investigations, and ensured timely responses to requests for claims information. Conducted quarterly safety committee meetings, served as Staff liaison, automated and streamlined CALOSHA reporting. Citv Clerk The City Clerk prepares the Council agenda and minutes, keeps an accurate record of all City Council proceedings, maintains official copies of all city ordinances, administers oaths to City officials, and is the custodian of the City seal. The Clerk's office also administers the local elections and Fair Political Practices Commission filings. Weekly duties include preparation, distribution and posting of a variety of agendas and minutes, scanning City Council and Planning Commission packets into an automated system which makes them available to the public on the Internet, writing and submitting legal ads, and processing Council actions including resolutions, ordinances, correspondence, maps, etc. The Clerk's Office also responds to records requests, answers telephones for the Office and for City Hall reception, processes and distributes in-house and postal mail, and provides much of the City's photocopying services. The City Clerk staffs the Fine Arts Commission. In this fiscal year, the following tasks were completed: Issued nomination papers to seven candidates, received papers from four candidates for the November council election, and administered the election process. Administered the process for three Initiatives circulated by proponents in April 2004. Received Monta Vista annexation protests. Assisted with launch of Access Cupertino, the automated customer response system. GclC;¡y ManagltyO4 Annual RepOJ1\Annual RepOJ12003-04 v3.doc Pagc 29 of37 /0 - 30 Prepared agendas and minutes, and printed and distributed packets for 37 City Council meetings. Attended City Council meetings totaling 136 hours. Processed 89 legal ads, 216 resolutions, 21 ordinances, 20 claims, one annexation, five appeals, and three petitions for reconsideration. Scanned packets and exhibits for 37 Council meetings and 19 Planning Commission meetings; continued scanning current and prior year resolutions, ordinances, other commission minutes, etc. The Laserfiche database now contains 4,120 documents totaling 70,641 pages that are available to the public on]ine. Prepared and microfilmed 1,076 files and destroyed 309 obsolete files. Collected and reviewed statements of economic interest and campaign disclosure statements required by the Fair Political Practices Commission. There were approximately 80 filers of statements of economic interest. Recruited for all board and commission vacancies in January and six unschedu]ed vacancies. There were 24 appointments made. Participated in regularly scheduled administrative meetings totaling about] 50 hours. Responded to miscellaneous requests by the public and other agencies; approximately 20 e-mails and phone calls per day. Assisted donors Dick and Carolyn Randall with artist selection for sculpture to be donated to the Civic Center/Library plaza. Participated in a four day specialized training regarding response to terrorism and several Emergency Operations Center tabletop exercises. Received training in employee evaluation, employee discipline, risk management, conflict management, cultura] unity, and customer service. Reprinted and updated the Cupertino Municipal Code. Fine Arts Commission The Fine Arts Commission is composed of five members who meet the fourth Tuesday at 7:30 p.m. at City Hall. This year's accomplishments included: Toured Nor-Cal Metal Fabricators in Oakland with artist Roger Berry to see sculpture "Perspectives" in progress. The piece was installed in Cali Mill Plaza in May 2004. Reviewed and recommended approval by Council of two sculptures for the Library/Civic Center Plaza. The sculptures will be donated by Dick and Carolyn Randall and created by Georgia Gerber. Received nominations and awarded the Distinguished Artist of the Year 2003 to visual artist and photographer Constance Guidotti. Sponsored a student art exhibition at the Cupertino Cherry Blossom Festiva], with assistance from the Euphrat Museum's Arts in Schools program. The theme was "The Creative Spirit - Artwork by Cupertino Children." Updated the Guidelines for Selection of Public Art to address gifts and loans of artwork and sculpture. G:\Œy Manag\ty04 Annual ReportlAnnual Report 2003-04 v3.doc Page 30 of37 /0- 3( Updated and distributed the annual Arts and Recreation Calendar at local festivals and events. Code Enforcement This division enforces the Municipal Code, including parking enforcement, abandoned vehicles, health and safety violations, property maintenance/neighborhood blight, and neighbor disputes. Staff also assists the Sheriff s Department by responding to non-emergency calls in lieu of sworn law enforcement personnel improving service and saving money and administers the animal control contract. Specific accomplishments this year included: Maintained division office hours to provide increased customer service for walk-in customers. Responded to 905 law enforcement calls for service totaling 1,099 hours; a savings to the City's law enforcement contract of$114,263 this year. Investigated and obtained compliance of936 code violation cases. Marked 143 abandoned vehicles and towed 17 abandoned vehicles. Received reimbursement revenue from state A VASA (Abandoned Vehicle Abatement Service Authority) funds totaling $21,217 (represents three of four quarter receipts to date). Continued City participation in the State of California A VASA program, which provides state reimbursement for the removal of abandoned vehicles. Issued 5,975 parking citations totaling $210,874. Represents a 52.5% increase in revenue this fiscal year. This increase is primarily due to more patrol hours allocated to parking enforcement and an increase in bail amounts for violations. Provided increased street cleaning parking enforcement. Educated the Leadership Cupertino and Tomorrow's Leaders Today (TL T) participants on Code Enforcement functions. Graduated a Code Enforcement Officer from Leadership Cupertino. Participated in the Environmental Review process on new structuresldevelopments in the City. Updated the annual fee schedule to reflect rising costs and proposed new fees. Reassigned 50% of one officer's time to maintain the Neighborhood Watch and e-CAP programs. This was a position held in the past by a Sheriff Sergeant and resulted in savings to the City of approximately $133,000. Implemented new noticing procedures, which have increased compliance turn-around time for routine code enforcement issues. Negotiated a new animal services contract which will save the city approximately $70,000 annually, $500,000 in one-time shelter costs and provide enhanced officer coverage for Cupertino residents. Emer¡~encv Preparedness The mission of the division is to facilitate disaster readinesslpreparedness of residents, employees, government, businesses, special districts, and agencies within the City of Cupertino. G:\City Manag\/yO4 Annnal ReportlAnnual Report 2003-04 v3.doc Page3!of3? /0--3;;< This is done through public education, training, exercises, and information exchange. Specific accomplishments this year include: Reviewed and updated the City Emergency Plan. Conducted evacuation drills at all city buildings and began coordination of staff emergency response teams, Continued Community Emergency Response Team (CERT) Program. The city now has 600 residents trained in CERT. There are thirteen neighborhoods actively preparing for disasters as well as a forty member First Responder team that can respond to assist "unprepared" neighborhoods, at the request of the City Emergency Operations Center. Cupertino used as the model for new Saratoga CERT program. Continued the Disaster Council/Citizen Corps Council concept, which will enable all community members who will be part of a disaster response to participate in the emergency planning process, Conducted three Kaleidoscope Public Safety Camps for grades 6-12 and trained 42 students. To date, 167 students have completed the program. Supported and participated in numerous neighborhood and school disaster drills. Automated the class registration system, utilizing phone, mail-in and Internet registration capability. Purchased five emergency storage cargo containers for community disaster supplies. Received a three-year, $150,000 Medical Reserve Corps grant to increase the disaster medical response capability of the City. Coordination in process with CERT, Cupertino Medical Center, American Red Cross, Cupertino Amateur Radio and County Public Health. Continued facilitating monthly Cupertino Unified School District and Fremont Unified School District emergency preparedness meetings to heighten disaster preparedness efforts at our schools by coordinating parents, teachers and school administrators to proactively discuss and implement emergency plans, disaster drills, etc. Assisted Cupertino Unified School District with emergency planning grant application, which they were awarded in early 2004. Continued the effort to organize high school students for school emergency response. Participated in three school outreach Career Days offered to our elementarylmiddle school students. Provided a volunteer first aid station and communications for Cupertino Unity Parade and Art and Wine Festival that involved CERT graduates and CARES communicators. Continued networking with management from Vallco Regional Mall, Apple Computer, Sunnyview Convalescent, Symantec and churches to coordinate emergency plans. Offered employee training through existing CERT program. Received donated storefront at Vallco Mall and began the creation of the Cupertino Community Emergency Training Center. Began recruitment and training of OES Speaker Bureau. Members receive emergency preparedness information and public speaking training and will assist in offering G:\C;ty Managlfy04 Annual Report\Annual Report 2003-04 v3.doc Page 32 of37 j()- 33 presentations to the community at large. Many of the members are bilingual. Languages include Mandarin, Cantonese, Farsi, Hindi and English. Conducted 6 first aid (128 students) and 9 CPR classes (161 students). Provided Disaster Preparedness community outreach through public presentations on a regular basis for our community festivals, Health and Safety fairs and block parties. Provided Disaster Preparedness information brochures, throughout the community, to keep this important subject matter in view at public buildings such as the library, city hall, senior center, and community center. Published Monthly Tips through articles on preparedness to our citizens via the City's monthly newsletter, the Scene, and our website. Provided support for the Cupertino Amateur Radio Emergency System (CARES) group by participating in monthly meetings and emergency drills. Conducted two BEST new employee orientation trainings in SEMS/Emergency Preparedness, fire safety, terrorism, earthquake preparedness, CPR and First Aid that bring total staff training to 95%. Informed administration and our Public Safety Commission on current events in the areas of Disaster Preparedness. Conducted one EOC terrorism functional exercise involving City Staff and community volunteers. Acted as President to the Santa Clara County Emergency Managers Association and Secretary to the California Emergency Services Association and Bay Area Neighborhood Emergency Teams. Communitv Outreach Community outreach consists of two leadership programs in addition to the emergency preparedness activities. These programs are offered by the City in an effort to encourage more citizen involvement in government leadership roles and provide citizens with valuable networking skills. In addition, this division also provides ongoing contact with the Cupertino community. Accomplishments include: Completed the 2003/04 Leadership Cupertino (LC) and Tomorrows Leaders Today (TL T) programs. Graduated 155 participants from the adult program and 119 students from the teen program to-date. Facilitated Teen Issues - Phase II and presented findings and recommendations to the City Council on ways to reduce teen stress. Provided presentations on leadership skills, team building, budget and economic development for Leadership Cupertino, the General Plan Task Force and the League of Women Voters. Offered attendance in our BEST programs to LC participants to enhance their leadership training opportunities. Sponsored a Leadership Cupertino alumni breakfast to facilitate networking. G:ICity Managlfy04 Annual ReportlAnnual Report 2003-04 v3.doc Page33 of37 /0-)'-1 Economic Development The Economic Development division is responsible for identifYing and implementing programs specifically targeted to business retention, expansion, and attraction. Specific accomplishments this year include: Developed and maintained a list of available office and retail space. Developed a marketing brochurelstrategy to attract specific business. Developed and maintained a contact list to target specific business. Worked with local developers and property owners to target specific businesses to locate in the city: .:. Bookstore .:. Theaters .:. Andronico's .:. Restaurants .:. Costco Attended ribbon cutting ceremonies and issued congratulation notes for individual promotions within our business community. Treasurv This function is responsible for investing a $40.4 million dollar portfolio based on cash flow needs, the City's investment policy, and State guidelines. This year we achieved a higher return on investment than the LAIF benchmark for 12 months. In an environment of continued interest rate decline, agency investments with slightly longer maturities, some with callable features, were procured for higher yield. The portfolio was also diversified slightly with Certificate of Deposits (CDs) with comparative yields. In the last quarter of the fiscal year, interest rates began to rise moderately, agency instruments were not being called, and investment activity slowed. With conservative, short-term investments, the City is properly positioned for a return to higher interest rates. Investment maturities correspond with our cash flow needs for the LibrarylCivic Center projects. All policy/investment reports required by State Law and our City ordinance were completed on a timely basis. In the analysis of proposals for banking services, custodial services and pricing was also examined. G:IC¡ty Managlfy04 Annual ReportlAnnual Report 2003-04 v3.doc Page340f37 10- 35 City Attorney's Office The City Attorney's Office provides ongoing legal advice to the Council, the City's Redevelopment Agency, commissions, committees, and staff; conducts litigation involving the City; drafts legal documents and enforces City ordinances. Lawsuits: In addition to advising the Council regarding potential lawsuits, the City Attorney participates in both formal and informal negotiations including arbitration, mediation, meet and confer, and any other alternative dispute resolution process that may resolve the conflict prior to a lawsuit. When the occasional lawsuit occurs, the office either pursues the suit vigorously (City initiated lawsuits) or responds with Answer, Demurrer, Mandamus, Cross-Complaint, or other appropriate instrument. During the complicated course of any lawsuit, the City Attorney pursues every opportunity to reach a mutually satisfactory settlement prior to trial. Very few lawsuits in the City of Cupertino have gone to trial. During the past year, the City Attorney's Office has been involved in the following: An unlawful detainer action was filed evicting the tenants of the Stockelmeir property. An extended eviction procedure followed because of hold-over tenants not included on the original lease. Tracking the San Diego Class Action lawsuits regarding the use of traffic cameras for red light violations. Cupertino was named as a possible indispensable party. Code Enforcement Prosecutions: Code violations, while appearing minor on their face, have a tremendously negative effect on the citizens of Cupertino. Recent code violations prosecuted include dangerous dogs, destruction of protected trees, sign violations, graffiti removal, massage establishment violations, home occupation violations, and noise abatement. A few examples include: Cupertino v. Steven Reed involved a home occupation violation where four misdemeanor citations were issued. This case involved 17 court appearances and was recently resolved with a stipulation to judgment for permanent injunction in the civil court. In a recent dog case two large dogs pushed their way into a neighbor's home and attacked the resident's small dog in the family's bathroom. The dogs' owner was fined and the dogs were euthanized. Cupertino has 5 to 10 dog cases each year. Massage establishments are a constant source of code violations. Because massage is a highly regulated field, local massage establishments are regularly scrutinized by code enforcement and law enforcement officers. Cupertino has several code enforcement actions regarding massage establishments each year. G:ICity ManaglfY04 Annual RepnrtlAnnual Report 2003-04 v3.doc Page 35 of 37 /o-3w Resolutions: Over the course of a year the City Council passes an average of 240 resolutions. Most, if not all, of the resolutions are either drafted by, or reviewed by the City Attorney. This involves both factual and legal research and writing. Citv policies: City policies are drafted or reviewed by the City Attorney for legal sufficiency. Recent examples of City policies include the naming policy, City web site policy, purchasing policy, and e-mail policy. Citv Ordinances: Cupertino passes 20 to 25 new or amended ordinances each year. The City Attorney drafts or reviews new and amended ordinances for legal conformity and plain meaning. In addition, the City Attorney's Office reviews the existing City Ordinances on an ongoing basis for conformance to current law and practice. Contracts: In the course of business the City enters into dozens of contracts each year. The City Attorney either drafts or reviews contracts and analyzes specific terms for legal conformance and to protect the best interests of the City. Contracts drafted or reviewed include consultant contracts, contracts for public works, telecommunication agreements, purchasing agreements, development agreements, housing documents, building contracts and many others. The City Attorney's Office is an active participant in contract negotiation when requested by the City staff and handles all contract claims filed against the City.. Elections: Regarding elections and ballot measures, the City Attorney advises the City Clerk and City Council in addition to providing legal analysis and drafts summaries. Upon request, the City Attorney consults with the Fair Political Practices Commission to resolve campaign questions. Conflicts of Interest: The City Attorney also keeps the City Council, staff and commissions apprised of changes in laws regarding conflicts of interest, contributions, incompatible offices, ethics and election prohibitions. Biddißl! Procedures: The City Attorney's Office advises on all bidding procedures in regards to current law and procedural regulations. The City engages in a wide range of bid activities from contacts on large public works to bids for the purchase of surplus lands, each having its own legal procedure. G:ICity ManagltyO4 Annual ReportlAnnual Report 2003-04 v3.doc Page360f37 /0..37 Leases: The City Attorney drafts or reviews all City leases, both leases for City property and leases entered into by the City for the lease of property of another. In regards to leases of City property, the City Attorney's Office also initiates and prosecutes unlawful detainer actions in the case of hold over tenants. Redevelopment Al!encv: The City Attorney is a member of the Redevelopment Agency and, as such, a portion of the City Attorney salary is paid by that agency. It is the responsibility of the City Attorney to keep abreast of current redevelopment law, activities within the agency and advising the City Council regarding any redevelopment item before them. Land Use Documents: The City Attorney's Office drafts, reviews or approves myriad land use documents including easements, development agreements, conditions on use permits, conditions in CC&Rs, covenants, deed restrictions, shared parking agreements, dedications and dozens of other legal documents regarding the use of land. Housinl! and BMR Prol!ram: The City Attorney's office reviews documents related to the Housing and BMR Programs including lease and purchase agreements for legal compliance and compliance with the BMR manual. CBG Grant Prol!ram: The City Attorney's Office participates on the CBG Grant Advisory Committee. Bankruptcies, claims: The City Attorney reviews any bankruptcy where the City is or may be a claimant and files the appropriate documents. Lel!al Research and Interpretation: A large and time-consuming part of the City Attorney's job is legal research and interpretation of the law for other departmental staff, the City Council and commissions. This can include a review of statutes, their legislative history and the legislative intent, case law in state lower and appellate courts, federal law and federal case law, Attorney General Opinions, law review articles and legal opinions as well as drafting a legal opinion applying the legal findings to the question at hand. Franchise Al!reements: The City enters into and maintains a variety of franchise agreements including agreements for garbage service, cable television, utilities, fiber optics and telecommunications. All such agreements are drafted or reviewed by the City Attorney's Office to protect the best interest of the City. G:\City Manag\fy04 Annual ReportlAnnual Report 2003-04 v3.doc Page 37 of37 10- 30' DRAFT RESOLUTION NO. 04-394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, AKVW INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10141 LEBANON DRIVE, APN 342-14-005 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, AKVW Investments, LLC, a California Limited Liability Company, for the installation of certain municipal improvements at 10141 Lebanon Drive and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjoumed meeting of the City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote Members Qfthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino (lã::1 Resolution No. 04-394 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Company AKVW Investments, LLC, a California Limited Liability LOCATION: 10141 Lebanon Drive APN 342-14-005 A. Faithful Performance Bond: FIFTEEN THOUSAND AND 00/100 DOLLARS $ 15,000.00 B. Labor and Material Bond: FIFTEEN THOUSAND AND 00/100 DOLLARS $ 15,000.00 C. Checking and Inspection Fees: $ 2,385.00 TWO THOUSAND THREE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: THREE HUNDRED TWENTY-SEVEN AND 74/100 DOLLARS $ 327.74 F. One Year Power Cost: SEVENTY-FIVE AND 00/100 DOLLARS $ 75.00 G. Street Trees: By Developer H. Map Checking Fee: NIA I. Park Fee: N/A J. Water Main Reimbursement: NIA K. Maps and/or Improvement Plans: As specified in Item #21 of agreement {(~~ RESOLUTION NO. 04-395 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, JAE-HAK KO AND HYE-RYEONG KIM, HUSBAND AND WIFE AS JOINT TENANTS, 10040 CARMEN ROAD, APN 326-50-055 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Jae-Hak Ko and Hye-Ryeong Kim, Husband and Wife As Joint Tenants, for the installation of certain municipal improvements at 10040 Carmen Road and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf ofthe City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote Members Qfthe Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino I/b-I Resolution No. 04-395 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Jae-Hak Ko and Hye-Ryeong Kim LOCATION: 10040 Carmen Road APN 326-50-055 A. Faithful Performance Bond: $ 3,718.00 THREE THOUSAND SEVEN HUNDRED EIGHTEEN AND 00/100 DOLLARS B, Labor and Material Bond: $ 3,718.00 THREE THOUSAND SEVEN HUNDRED EIGHTEEN AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 2,385.00 TWO THOUSAND THREE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: THREE HUNDRED FORTY AND 56/100 DOLLARS $ 340.56 F. One Year Power Cost: NIA G. Street Trees: By Developer H. Map Checking Fee: NIA I. Park Fee: NIA J. Water Main Reimbursement: NIA K. Maps and/or Improvement Plans: As specified in Item #21 of agreement rrb-d- RESOLUTION NO. 04-396 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, PHILIP CHEN, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, 22260 CUPERTINO ROAD, APN 326-50-031 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Philip Chen, a Married Man, As His Sole and Separate Property, for the installation of certain municipal improvements at 22260 Cupertino Road and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7'" day of September 2004, by the following vote: Vote Members Q[the Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino IlL-I Resolution No. 04-396 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Philip Chen LOCATION: 22260 Cupertino Road APN 326-50-031 A. Faithful Performance Bond: TWENTY THOUSAND FIFTY-EIGHT AND 00/100 DOLLARS $ 20,058.00 B. Labor and Material Bond: TWENTY THOUSAND FIFTY-EIGHT AND 00/100 DOLLARS $ 20,058.00 C. Checking and Inspection Fees: $ 2,385.00 TWO THOUSAND THREE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: THREE HUNDRED FORTY AND 56/100 DOLLARS $ 340.56 F. One Year Power Cost: NIA G. Street Trees: By Developer H. Map Checking Fee: NIA I. Park Fee: NIA J. Water Main Reimbursement: NIA K. Maps and/or Improvement Plans: As specified in Item #21 of agreement ({( -~ DRAFT RESOLUTION NO. 04-397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM JAE-HAK KO AND HYE-RYEONG KIM, HUSBAND AND WIFE AS JOINT TENANTS, 10040 CARMEN ROAD, APN 326-50-055 WHEREAS, Jae-Hak Ko and Hye-Ryeong Kim, Husband and Wife as Joint Tenants, have executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 1 0040 Carmen Road, APN 326-50-055. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular adjourned meeting ofthe City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote Members Q[the Ç!!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino I;;¿~-I GRANT OF EASEMENT FOR ROADWAY PURPOSES 10040 Carmen Road APN 326-50-055 Jae-Hak Ko and Hve-Rveone: Kim, husband and wife as joint tenants. grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this v-z.-.day of ¥ 200 *-. Owners: fZ-4i 1:; ke-Hak Ko ~.~~ Hye- eong Kim (Notary acknowledgment to be attached) Page I of 1 [2.Q.-,À. GRANT OF EASEMENT FOR ROADWAY PURPOSES 10040 Carmen Road APN 326-50-055 Jae-Hak Ko and Hve-Rveone Kim. husband and wife as ioint tenants. grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this v"l.-day of ¥ 200*-. Owners: (Z-/ti k fae-Hak Ko ~.~~ Hye- eong Kun (Notary acknowledgment to be attached) Page I of I (La.. -3 CUPEF.. ~ ROAD (40.00 Wle. ) t £.,_urrUE r ;;:ö,.~ ~ -::~~ - -=t ,.Ii' .. ~ b ,~ ~ '.S1IEETDÐJCA~~¡¡ I PARCEL f ..~ ~ ..M_III ~ ~ ~ APN= 326-50-055 § ~ ~ «r~ 1 , ~ ~ ~~ ..--.. PNICI!L :z ~., ~.T- IS 3136 -l- ûì Q § 8 ó ~ Q ð a: ~- Z SI ~ ä It ð ~ :1 ;¡ .... ¡;¡ 25.Ii' TP.o.B. l~T EXHEIT S PlAT TO ACCOUPANY ~ FOR ðTF-I DEDfCA71OH. 10040 CARNEN ROAD. CU"ERTIIIO. CA 95014 APN: 326-50-055 ;;> SMP COMPANY Civil Engineers - .Land Surveyors 1211 Pari: -. Suite 2OB S8n 1..... CA. 115126 Tel. <-) 4'12-50112 Fax <-) 287-8630 DAlE: 07-08-04 SCALE: 1"=30' JOB NO.: 2409 ( ~ IÂ -t.( EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, Parcell, as shown on that certain Map entitled "Parcel Map", which Map was filed for record in the office of the Recorder of the Santa Clara, State of California, on April 24, 1985 in Book 559 of Maps at Page 1. Beginning at the found IP tagged LS 3136 at the most southerly corner of Parcel 1, as shown on that certain Map entitled "Parcel Map", which Map was filed for record in the office of the Recorder of the Santa Clara, State of California, on April 24, 1985 in Book 559 of Maps at Page 1; thence along the northeasterly line of said Parcell, N70000'00"E 89.07 feet; to the true point of beginning thence NOooO7'OO"E 51.98 feet; thence N89°53'00"W 1 foot; thence SOooO7'OO"W 52.35 feet; thence N70o00'00"E 1.06 feet; to the point of beginning. APN: 326-50-055 (2C1.-)' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of ,<:Ç;¡ 11't ~~ On i:1.'tMfJ v-Z, 1-D# before me, perS~n~IIY appeare:" I ::J'ó.e.- rlaok k-ù - - - - - - - - - , ROBERT S. M. CHEN ~ Commission # 139644B ( Notary PubHc - California ~ Santa Clara Counly - MyComm.ExpI",sJan27,2oo7 } 55. f?<:,bert S,~, cÍ1~ N,m, ,"'"". Offiœ,(,.g., "J,",Dœ,N.,.P"Ii,", we - J2P",~ i<; }i4 I N,~( ,fSfg"",," JS,personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. ~!(~ OPTIONAL Though the infonnation below is not required by law, ff may prove valuable to persons relying on the document and could prevenr fraudulent removal and rea"achmenr of this fonn ro another document Description of Attached Document litle or Type of Document: -::!. :;;;;/1,;;1" þ- !2œ:ri)¡, (1. rP~ rf6~j Document Date: ~ 7- L. ?.tJ1X!-- Number of Pes: 3> , / Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ,Tap-Hnk I<ö / H¡("~-[l.Pf)d kt'WI ci.¡ Individual 0 Corporate Officer -litle(s): 0 Partner - 0 Limited 0 General 0 Attorney-In-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ."" N,Ii,""fN,.,'~""""'9350 D' s.,.," , P.O ""40" CIi"'.,"", C"""-24O2'_,""""""",,,,"g P"d.N'.5907 A""""C."To"-F,~1-eoo-B76."7 /2CZ -& RESOLUTION NO. 04-398 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM PHILIP CHEN, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, 22260 CUPERTINO ROAD, APN 326-50-031 WHEREAS, Philip Chen, a married man, as his sole and separate property, has executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 22260 Cupertino Road, APN 326-50-031. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular adjoumed meeting of the City Council of the City of Cupertino this 7"' day of September 2004, by the following vote: Vote Members Qfthe Çj!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino I~b--I GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 326-50-031 22260 Cupertino Road Philip Chen, a married man, as his sole and separate propertv, grant to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this.l..Lday of ~ 2004. Owners: ~~- "":>. C- (Notary acknowledgment to be attached) I) ~-~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California L~~(~ } ss. County of On ~l¡; ~~tf:eforerne, Jb-!.ll"'O~!:!'Dœq£~t personally appeared p 1 ¡,J ; p ( ØI-1 r N,."" . ",",,'1 o:1'personally known to rne ~ proved to rne on the basis of satisfactory evidence ~œ- - - - - R;B;;¡; M- C~EN- - ~ - ,-. Commission # ) 396448 , Notary Public - California ~ Santa Clara County - My Comm, ExpIres Jon 27. 2007 to be the person(gf whose name(.&j is/are- subscribed to the within instrument and acknowledged to me that he/_y executed the same in his/lI&F4Aeir authorized capacity(~), and that by his/heT1TIrnrr signature(sj on the instrument the person(8j, or the entity upon behalf of which the person(sj' acted, executed the instrument. WITNESS my hand and official seal. C ~",#;1p"~CL- OPTIONAL Though the infof111Btion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaftachment of this form to another document. Description of Attached Document -nile or Type of Document: (-Tr-a",~ Df 6ír.Lem..~~ -6r- Rcc.JI~p¿.{rpo~ Document Date: ~~4 It; )-CJÞ;! Number of Pages: ..3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: /P}¡¡'/ìp C;;~1 c::tl individual D Corporate Officer - -nlle(s): D Partner - D Limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: . Topoflh"mb he" Signer Is Representing: . "99 N"',," No",A..oc',d""35' ',S.,A," , P.o. B,,2402'C""~"". CA9131'-24<J2'_o,"",'OO",", P"d. No. 59D? Roo""C,"To"-F'~1-BOO-876.6B27 /.2b - 3 C) ... 0 .J l;: CUPERTINO ROAD (40_00 WJDE) LOT 10 BOOK 'po PAGE 18 ~I ~I POINT Of' BEGINNING ~l ~~. - 47.01' - 20' PARCEL 1 P.u. 55D III Z I I~ ðR p 0 0 "'I ~ ::;¡ N ..; N MONUMENTl EXI-EIT B PLAT 70 ACCOIIIPANY DSSCRFTJON FOR 0'""""'" DfÐIICA'l'ION. 22260 CLPERTJNO ROAD, Cl.f"EfJß\IO, CA 95Of4 APN: 326--5O-O3t " SMP COMPANY Civil Engineers - .Land Surveyors 1211 Pañ AWD1Ie. Suite 2011 Sell ¡œe. C& 95126 Tel <408) 472-5082 Fax <408) 287- DATE: 07-08-04 SCALE: 1-=30' JOB NO.: 2465 l.lb~Y EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, Portion of Sections 9 and 10 as shown on that certain Map entitled" Map oflnspiration Point Monta Vista" , which Map was filed for record 011 April 11,1917 in Map Book P Page 18, Santa Clara County Records, described as follow: Beginning at the most southwesterly corner of lot 10 ,thence, N 00°06'20" E 90.12 feet; to the TRUE POINT OF BEGINNING; thence N 00°07'20" E 10.00 feet; thence S 89°53'00" E 135.00 feet; thence 011 a curve to the right with a radius of 15.00 feet through an angJe of 89° 59' 20" for a distance of23.56 feet; thence N 00°07'00" E 85.13'.00 feet; thence N 89°53'00" W 5.00 feet; thence N 00°07'00" E 80.12 feet; thence on a curve to the left with a radius of 1 0.00 feet through an angle of 89° 59' 20" for a distance of 15.71 feet; thence S 89°53'00" E 135 feet; to the TRUE POINT OF BEGINNING APN: 326-50-031 /,;}J - s- RESOLUTION NO. 04-399 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CONVEYING AN EASEMENT FOR RIGHT-OF-WAY TO SAN JOSE WATER COMPANY, PORTION OF LOT 7, TRACT NO. 3743 IT IS HEREBY RESOLVED, that the City of Cupertino grant to San Jose Water Company, its successors and assigns, Grantee, the right and privilege of excavating for and laying pipelines as and when and as often as the same may be desirable together with all fittings, connections and appliances which San Jose Water may desire to install in connection therewith, for the transmission and distribution of water upon, in, through, along and across the property situate in the City of Cupertino, County of Santa Clara, State of California; and Grantor further grants to grantee the right of maintaining, using and replacing and/or enlarging the same for such purposes and also the right and privilege of relaying, repairing, removing and/or renewing the same, using pipe, fittings, connections and/or appliances either ofthe same size or sizes as may first be installed or of any other size or sizes and also a right- of-way along the same property situate in the City of Cupertino, County of Santa Clara, State of California, and described as follows: A fifteen foot wide Fire Service Easement being a portion of Lot 7 as shown on that certain Tract Map No. 3743, Cupertino Town Center, filed for record in the office of the County Recorder of said County of Santa Clara on October 16, 1964 in Book 186 of Maps at pages 36 and 37 and lying 7.50 feet on each side ofthe following described centerline: 1. A strip ofland beginning at a point on the easterly line of Torre Avenue and at the northerly terminus of that certain course shown as North 0° 56'25" East, 613.20 feet on said Tract Map. Thence along said easterly line, South 0° 56'25" West, 603.45 to the True Point of Beginning; Thence leaving said easterly line, South 88° 36'09" East, 260.65 feet; Thence North 00° 56'25" East, 8.25 feet to a point hereinafter referenced as Point "A"; Thence continuing North 00° 56'25" East, 170.07 feet to a point hereinafter referenced as Point "B"; Thence continuing North 00° 56'25" East, I 0.36 feet; Thence South 89° 03'35" East, 65.85 feet; Thence North 00° 56'25" East, 96.69 feet; /3-1 Resolution No. 04-~99 Thence North 89° 03'35" West, 40.21 feet to the point of Termination of Said Strip 1. A fifteen foot (15.00) wide Fire Service Easement, lying 7.50 feet on each side of the following described centerline: 2 2. Beginning at the above described Point "A"'; Thence South 89° 03'35" East, 22.00 feet to the Point of Termination of said Strip 2. 3. A fifteen foot (15.00) wide Fire Service Easement, lying 7.50 feet on each side of the following described centerline: Beginning at the above described Point "B"'; Thence South 89° 03 '35" East, 22.00 feet to the Point of Termination of said Strip 3. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute said grant of easement on behalf of the City of Cupertino. IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant of Easement and this resolution. PASSED AND ADOPTED at a regular adjourned meeting ofthe City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote Members 2fthe.Q!ï Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino / J-2 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPEIQ1NO Community Development Department Surnmary Agenda Item No. /5 Agenda Date: September 7, 2004 Application: U-2004-08 Applicant (s): Sandra Steele (The Alaris Group, LLC), Spring PCS Property Location: 940 S. Stelling Road RECOMMENDATION Staff recommends that the City Council do one of the following: 1) Uphold the appeal with the conditions of approval as listed in Exhibit A; Or 3) Uphold the appeal and modify the proposal with modified conditions of approval; Or Deny the appeal by making substantive written findings that the proposal does not comply with the wireless master plan and/ or the zoning ordinance. 2) Project Data: General Plan Designation: Quasi-Public/Institutional Current Zoning: BQ - Quasi-Public Building Project Consistency with: General Plan: Zoning: Yes. Yes. Environrnental Assessment: Categorically Exempt Application Summary: Consider an appeal of a Planning Commission denial of Application No. U-2004-08, Sandra Steele/The Alaris Group, 940 S. Stelling Road, APN: 359-25-041, for a use permit to locate Sprint Wireless Communication antennas and equipment within an existing cross tower at Redeemer Lutheran Church and to extend the height of the cross tower to 55 feet. rS:-l U-2004-08 Page 2 Sprint PCS Antenna September 7, 2004 BACKGROUND At its July 12, 2004 meeting, the Planning Commission denied the project. Four Commissioners were present (Giefer, Miller, Saadati, Wong) with Commissioner Chen absent. Two Commissioners were concerned about the aesthetics and compatibility of the proposed antenna cross-tower with surrounding buildings. Commissioner Wong moved to deny the project, but the motion failed on a 2-2-0 vote. Comrnissioner Giefer moved to continue the item to the next meeting in order for the fifth Commissioner to be present to provide a majority vote. She later withdrew the motion and moved to approve the project. The motion failed 1-3-0 and the application was denied.' Commissioner Saadati agreed to change his vote from his original vote of approval to denial to break the deadlock to provide the opportunity for an appeal to the City Council. DISCUSSION Appeal Justification Sprint PCS is appealing the decision of the Planning Commission because they feel that the findings made by the Commission were flawed and that the proposed wireless antenna cross-tower is consistent with the City's Wireless Facilities Master Plan and the Zoning Ordinance. In addition, the proposed antennas are in cornpliance with the Federal Communication Commission (FCC) guidelines. Please refer to Exhibit C for justification details. Project Description Sprint PCS is proposing to mount three antennas on an existing church cross-tower. The tower will be modified and extended to a height of 55 feet to accommodate the antennas. The proposed Sprint PCS panel antennas will be mounted at approximately 47' -10" high on the cross tower and each panel will be 60 inches tall, 12 inches wide and 7 inches deep. The existing 7-foot cross on top of the existing tower is reduced to 5 feet. The cross will retain the original design. The entire antenna assembly and wirings will be completely enclosed in a cylinder, screened from public views. The proposed equipment cabinets (4 large cabinets and 2 small powerjtelco cabinets) will be enclosed by a 6-foot tall wooden fence enclosure occupying an area of 15 feet by 25 feet (375 square feet). The enclosure will be located near the southeast corner of the church property approximately 55 feet away from the easterly property line. The proposed enclosure will not be visible from three sides (south, east, west). A nois~ study was provided to demonstrate compliance with the City's noise ordinance. Noise levels were measured approximately five feet away from the cabinet. Further noise attenuation will occur because of the larger setback from residences and intervening church accessory building. I)-~ U-2004-08 Page 3 Sprint PCS Antenna September 7, 2004 Surroundings The site is surrounded by single-family uses to the north, east and west. Jollyman Park is immediately south of the project. The closest residential parcel is approximately 140 feet away from the proposed antenna. Radio Frequency (RF) Assessment The applicant prepared a radio frequency (RF) radiation assessment for the project to determine if it met Federal safety standards for exposure. The maximum ground level ambient RF is calculated to be 0.0019 microwatts per square centimeter, which is 0.19% of the applicable public exposure limit. A figure of 0.00082 microwatts per square centimeter was calculated for the second floor level of the nearest house, which is 0.082% of the public exposure limit. Since the applicant assumed the nearest house was 75 feet away, and it is actually 140 feet away, the RF exposure is even less. Considering Factors When reviewing a wireless facility proposal, the City is obligated to consider the Telecommunication Act (TCA) of 1996. It is important at the local government level because it contains language that both preserves and limits the authority of local government to regulate personal wireless service facilities. In short, the legislative history of the TCA clearly expresses the Congress's intent to prevent the preemption of local and state land use decision and preserves the authority of state and local governments over zoning and lands use matters except in the following limited circumstances that the local government: 1) Shall not unreasonably discriminate among providers of functionally equivalent services; 2) Shall not prohibit or have the effect of prohibiting the provision of personal wireless services; 3) Shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of tirne after the request is filed; 4) Shall put any decision to deny personal wireless service facilities into writing, supported by substantial evidence contained in the written record; 5) Shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Federal Communications Commission Guidelines for such emissions. Base on these exceptions, if the wireless antenna proposal is consistent with the City's Ordinance and Wireless Master Plan, and is within the safety standards set forth by the Federal government then it should be approved. The Courts can overturn any other ;;;-- 3 U-2004-08 Page<l Sprint PCS Antenna September 7, 2004 decision that is not consistent with the TCA. The applicant has confirmed that the proposed facility is well within the health standards set forth by the Federal government, so health and safety should not be determining factors when considering this project. Staff recommends that the Council evaluate the proposal on its aesthetic merits only. Conformance with the City's Wireless Communications Facilities Ordinance The current ordinance provides that transmitting aerials shall not exceed 55 feet in height. The proposed antennas are set at 50 feet in height, with the cross at 55 feet. The ordinance requires a residential property line setback equal to the height of the antenna with a 50-foot minimum. The project setback is 140 feet, which far exceeds the required setback of 50 feet. Conformance with the City's Wireless Facilities Master Plan The proposed antenna project is consistent with the City's Wireless Facilities Master Plan. In general, the plan recommends antennas to be mounted on existing tall structures and buildings for ease of screening. A church cross-tower is ideal for locating wireless communication antennas since the visual presence is already there, and in this case it is far from residential properties. In addition, the proposed antenna panels and wirings will be completely screened from public views as recommended in the master plan. The following is a summary of all the policies of the Wireless Master Plan and staff's explanation on how the project meets the intent of the plan: Policy 4-1: Applicants shall use the best available camouflage techniques to reduce the intrusive and obtrusive visual impacts of personal wireless service facilities to the extent possible, The proposed antennas are completely camouflaged from public view. The existing design and look of the cross-tower are maintained. The proposed cross-tower modification does not create any significant visual impacts from what is already there. Policy 5-1 : Preferred locations for personal wireless service facilities are on existing buildings and structures. The proposed wireless antennas are located on an existing tall church cross-tower. Policy 5-2: On/¡¡ unobtrusive personal wireless service facilities shall be considEred in residential neighborhoods. According to the Wireless Master Plan, proposed church site and religious institutions in general are considered appropriate sites to locate wireless facilities, especially rs--L( U-2004-08 Page 5 Sprint PCS Antenna September 7, 2004 religious institutions that have existing tall towers or spires that may be used to mount and camouflage antennas in residential areas. Polia!5-3: Development of unobtrusive cell sites in surrounding communities shall be encouraged. The City encourage personal wireless companies to locate unobtrusive cell sites in surrounding communities if an appropriate location can not be found in the City of Cupertino. In this case, the area that is in need of stronger coverage is within thè City limits and there are no other suitable locations in other communities that are close enough to address the target coverage area. Polia!6-1 : Personal wireless service facilities should be sited to avoid visually intrusive impacts as viewed from the public right-of-way and from residential neighborhoods. The proposed wireless facility is located on an existing cross-tower; therefore the visual presence is already there. The applicant has provided photo simulations that show minimal visual impacts. In addition, the proposed church site was selected in the Wireless Facilities Master Plan as a "candidate location" for private sites (Exhibit E). Polia! 6-2 : Personal wireless service facilities shall be appropriatelt! scaled to fit harmoniouslv with the surrounding elements of the site and neighborhood. In general, churches or religious institutes have taller buildings or structures. It is not uncommon for a church spire or cross-tower to reach heights that are significantly taller than other buildings in a residential area. Here are example church structures in Cupertino located in or adjacent to residential homes: Church Address Height of building/ structures Peninsula Bible 10601 N. Blaney 40 feet (ridge of the roof of sanctuary) Church Avenue 49.5 feet (to top of cross) St. Andrew 11370 S. Stelling Road 61 feet (top of the dome) Armenian 67 feet to top of cross Apostolic Church Bethel 10181 Finch Avenue 54 feet (ridge of the roof) Lutheran 95 feet (top of cross) Church Good 19624 Homestead Road 36 feet (top of the roof ridge) Samaritan 81 feet (top of cross) United Methodist I ;5;--- :; U-2004-08 Page 6 Sprint PCS Antenna September 7, 2004 POliClI 6-3 : Personal wireless service facilities shall be compatible with their surroundinf{s so that their shape, size, color, material, and texture blend with their surroundings. As mentioned previously, the proposed wireless antennas are cornpletely camouflaged and the existing design, material and color of the cross-tower will be maintained. The proposed antenna tower design presented at the Planning Commission blends with the color and architecture of the existing church buildings. The applicant is open to consider other design options that are discussed in the design section of this report. Policy 6-4: Monopoles with co-located antennas are preferred to single user monopoles if the1! are less visualll! obtrusive than separate monopoles. The proposed antenna cross-tower will be designed and constructed to facilitate another user in the future. Policy 7-1 : The City reserves the right to require applicants to prepare radio freCluency radiation assessments for personal wireless service facilities when the general public is in reasonablt! close proximity to such a facilitl! and to determine compliance with FCC Guidelines. A radio frequency assessment has been prepared indicating that the proposed antenna is well within the standards set forth by the federal government. Policy 7-2 : The Citl! shall require a radio frequency radiation assessment for the following htpes of personal wireless service facilities: . For building-mounted antennas when the building is designed for human occupancy; For antennas mounted less than 10 meters (32.8 feet) above ground level; For all co-located antennas; (The concern is for cumulative emissions exceeding the FCC Guidelines) and For residential deplollment of personal wireless service facilities. . . Please see staff response to Policy 7-1. Policy 7-3: If a network of residential-based personal wireless service facilities is proposed, a comprehensive RFR assessment shall be done for all proposed sites. Sprint PCS is currently proposing one wireless antenna site at the project site. An alternative site analysis has been provided indicating other locations considered (Exhibit E). The proposed church site meets Sprint's current coverage objectives. Policy 7-4: The City reco£nizes that it is the responsibilitl! of the carriers to operate its personal wireless service facilities within the adopted federal radio frequenC1! radiation exposure standards over the life of its facilities. regardless of whether the Cih! requires the preparation of a RFR assessment or not. I~-~ U-2004-08 Sprint PCS Antenna Septernber 7, 2004 Page 7 Please see staff response to Policy 7-1. Polin/ 7-5: When mechanical ventilation. power generators or other sources of noise are proposed in personal wireless seruice facilities, the City shall ascertain whether an acoustical anall/sis is necessary to determine compliance with the Cih/'s Noise Ordinance, The proposed mechanical equipment is required to meet the City's Noise Ordinance. For non-residential uses like a church, the maximum noise levels at the property lines are 55 dBA during the nighttime and 65 dBA during daytime (daytime = 7 a.m. to 8 p.m. on weekdays and 9 a.m. to 6 p.m. on weekends). Polin/ 8-1: All personal wireless seruice facilities approved bl/ the Cih/ will be conditioned with a permit expiration date to create opportunities for the Cit¡¡ and applicant to check maintenance, check the level of radio frequenC1/ radiation emissions, improve equipment and camoufla!}e techniques when needed. A condition is included as part of this application to address future upgrades or improvements of facility when technology advances. Polin/ 8-2: All personal wireless seruice facilities approved by the Cih/ shall be conditioned with an abandonment provision providing for dismantling and removal of a facility bl/ the compam/ and/or properh/ owner. A condition is included. Planning Cornrnission July 12, 2004 Meeting At the July 12, 2004 meeting, many neighbors expressed concerns and objections on the proposed wireless antenna project. Most of the neighbors expressed concerns on the possible health risks of the wireless antenna and that they do not want it in their neighborhood. Some argued that the cross-tower would de-value the real estate in the area. Some neighbors believed that the cross-tower would cause disturbance to pedestrians or automobile drivers resulting in rnore frequent accidents at the intersection of S. Stelling Road and Jollyman Lane/Huntridge Lane. Please refer to the Planning Commission meeting minutes (Exhibit B) for detailed discussions. As mentioned previously, the wireless facility is well within the safety standards set forth by the Federal Communications Commission (FCC). The project site is identified as one of the appropriate existing private sites to locate an antenna. There is no evidence that a well-camouflaged wireless antenna cross-tower will affect real estate value. In addition, the proposed antenna cross-tower will not affect the traffic patterns of the intersection. (S'-l U-2004-08 Page 8 Sprint PCS Antenna September 7, 2004 Neighborhood Concerns A neighborhood meeting was held on June 22, 2004 at the project site. Please refer to the Planning Commission report for the detailed discussions on the issues and concerns raised at this meeting (Exhibit B). Prior to the City Council hearing, the applicant held another neighborhood meeting on August 24, 2004 at the project site. Approximately 40 neighbors were in attendance. The issues and concerns raised are summarized as follows:' Design Options Sprint PCS presented a number of alternative design options to the neighbors at the meeting. After some discussion, two designs seem to be preferred by the neighbors: ~ Option 1 {)-'r U-2004-08 Page 9 Sprint PCS Antenna September 7, 2004 proposed treepole ~ i Option 2 Option 1 retains the overall design of the existing cross-tower and is simply extending the tower in height. Option 2 is a new tree pole. The neighbors liked the tree pole more than any of the other options. Both options are consistent with the Wireless Facilities Master Plan; therefore it is within the Council's purview to approve either one of these options. In staff's opinion, a tree pole is less ideal when there is already an existing cross-tower on which the antennas could be mounted. Noise Some concerns were raised on the possible noise impacts of the antenna equipment or cabinets. The proposed equipment is located far away from residential properties. The wireless antenna facility is required to comply with the City's Noise Standards. Radio Coverage A couple of neighbors questioned the need for more wireless coverage in the applicant's defined coverage area. Some stated that they have good reception from other wireless telephone companies and relatives! friends who subscript to Sprint PCS have no complaints about their reception in this area. 1)- c¿ U-2004-08 Page 10 Sprint PCS Antenna September 7, 2004 The Sprint PCS's radio frequency (RF) engineers have identified this site as an integral site in improving Sprint's PCS network coverage to the West Valley Fwy /Hwy 85, southern portion of De Anza College as well as in-building coverage at De Anza Center across from the site. At present, Spring PCS customers are experiencing poor service in this area, and this site will greatly benefit the subscribers who live, work and travel in this area. (See the attached radio coverage maps, Exhibit F). A couple of neighbors suggested other locations that Sprint PCS may locate their antennas to obtain coverage in the same general area. Other sites have been considered, but Sprint PCS has determined that the project church site is the optimal location both in terms of meeting their RF objectives and the ability to camouflage the antenna facility. There are many factors that go into finding the ideal cell site that may not be apparent, such as, a willing landlord, presence of existing tall structures, ability to camouflage antennas, proximity to existing cell sites, the required height of the antennas to achieve the coverage objectives, ability to adhere to City zoning ordinance/master plan, and cost efficiency of the site. Most of the commercial areas have been covered and wireless carriers need to address coverage deficiencies in residential areas. Most if not all of the alternative sites evaluated are close to residential areas. Sharing with other wireless companies Sorne neighbors suggested that Sprint PCS should share radio frequencies with other wireless communications companies to avoid having to build additional facilities. This is not a reasonable option since there are technology differences between carriers preventing them from using the same equipment. In addition, usually in a free competitive market such as the telecommunication services, companies are in direct competition with one another and all of their networks and facilities are proprietary. ENCLOSURES Exhibit A: Conditions of Approval Exhibit B: Planning Commission Staff Report (w / attachments), July 12, 2004 Exhibit C: Appeal Justification Letter From The Applicant Exhibit D: Photo Simulations Exhibit E: Alternative Site Maps Exhibit F: Radio Coverage Objective Maps Exhibit G: Letter of Support From The Redeemer Lutheran Church Exhibit H: Letter From The Concerned Neighbors Exhibit I: Sprint PCS Response Letter To The Neighborhood Concerns Exhibit J: July 12, 2004 Planning Commission Meeting Minutes Wireless Master Plan Plan Set {)'-(O U-2004-0B Sprint PCS Antenna Page 11 Prepared by: Gary Chao, Assistant Planner Submitted by: $~~~/ê¿v- Steve Piasecki Director, Community Development G; \Planning\ PDREPORT\ CC\ U -2004-08ccappeal.doc Approved by: ~ David W. Knapp City Manager September 7, 2004 I j-Il EXHIBIT A Recommended Conditions of Approval 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "SPRINT, Redeemer Lutheran", consisting of 7 sheets labeled Tl, LS-l, LS-2, A-I through A-4, dated 5/03/04, except as rnay be arnended by the conditions contained in the conditions of approval. 2. CO-LOCATION OF ANTENNA The applicant shall make its mast available to other wireless communications carriers for antenna co-location subject to City approval. The co-location agreement shall be at market rates with reasonable compensation to the mast owner. 3. MONOPOLE DESIGN FOR FUTURE CO-LOCATION OF ANTENNA The applicant shall design and construct the monopole to accommodate a future co-location of antennas at a subordinate height to the approved set of antennas. 4. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 5. EXPIRATION DATE This use permit shall expire five (5) years after the effective date of the permit. The applicant may apply for a renewal of the use permit at which time the Planning Commission may review the state of wireless communications technology and camouflage technology to determine if the visual impact of the personal wireless facility can be reduced. 6. NOISE LEVEL OF THE EQUIPMENT CABINETS The equipment cabinets shall conform to the City's Noise Ordinance. A report from an licensed acoustical engineer shall be submitted to the Planning Department confirming the noise readings at the property lines prior to issuance of building permits. /¡;-(~ EXHIBIT B CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant (s): Property Owner: Property Location: U-2004-08 Sandra Steele, Sprint PCS Redeemer Lutheran Church 940 S. Stelling Road Agenda Date: July 12, 2004 APPLICATION SUMMARY Use permit to locate Sprint Wireless Communication antennas and equipments within an existing cross-tower at Redeemer Lutheran Church and to extend the height of the cross-tower to 55 feet. RECOMMENDATION Staff recommends that the Planning Commission approve the use permit in accordance with the model resolution. DISCUSSION Project Description The applicant, Sandra Steele, representing Sprini PCS, has proposed to mount three antennas to an existing church cross-tower (Exhibit A). The tower will be modified and extended to a height of 55 feet to facilitate the antennas. The proposed SpringPCS panel antennas will be mounted at approximately at 47' -10" high on the cross tower and each panel will be 60 inches tall, 12 inches wide and 7 inches deep. The existing 7-foot cross on top of the existing tower is reduced to 5 feet. The cross will retain the original design, but will be approximately three times bigger to be in proportion to the rest of the structure. The cross is tapered at the top and will be painted a darker brown than the rest of the tower to stand out. The entire antenna assembly and wirings will be completely enclosed in a cylinder, screened from public views. (See the attached photosimulations, Exhibit B). The proposed equipment cabinets (4 large cabinets and 2 small power! telco cabinets) will be enclosed by a 6-foot tall wooden fence enclosure occupying an area of 15 feet by 25 feet (375 square feet). The enclosure will be located near the southeast corner of the church property approximately 55 feet away from the easterly property line. The proposed enclosure will not be visible from three sides (south, east, west). A noise study was provided to demonstrate compliance with the City's noise ordinance (Exhibit C). Noise levels were measured about five feet away from the cabinet. Further noise attenuation will occur because of the larger setback from residences and intervening church accessory building. I '5"-1 3 File No. U-2004-08 Page 2 July 12, 2004 Surroundings The site is surrounded by single-family uses to the north, east and west. Jollyman Park is immediately south of the project. The closest residential parcel is approximately 140 feet away from the proposed antenna. Cell Site Coverage & Site Selection The Sprint PCS's radio frequency (RF) engineers have identified this site as an integral site in improving Sprint's PCS network coverage to the West Valley Fwy /Hwy 85, southern portion of De Anza College as well as in building coverage at De Anza Center across from the site. At present, Spring PCS customers are experiencing poor service in this area, and this site will greatly benefit the subscribers who live, work and travel in this area. (See the attached radio coverage maps, Exhibit D.) Conforrnance with the City's Wireless Facilities Master Plan The proposed antenna project is consistent with the City's Wireless Facilities Master Plan. In general, the plan recommends antennas to be mounted on existing tall structures and buildings for ease of screening. A church cross-tower is ideal for locating wireless communication antennas since the mass is already there, and in this case it is far from residential properties. In addition, the proposed antenna panels and wirings will be completely screened from public views as recommended in the Master Plan. Conformance with the City's Wireless Communications Facilities Ordinance The current ordinance provides that transmitting aerials shall not exceed 55 feet in height. The proposed antennas are set at 50 feet in height, with the cross at 55 feet. The ordinance requires a residential property line setback equal to the height of the antenna with a 50-foot minimum. The project setback is 140 feet, which far exceeds the required setback of 50 feet. The applicant prepared a radio frequency (RF) radiation assessment for her project to determine if it met Federal safety standards for exposure (Exhibit E). The maximum ground level ambient RF is calculated to be 0.0019 microwatts per square centimeter, which is 0,19% of the applicable public exposure limit. A figure of 0.00082 microwatts per square centimeter was calculated for the second floor level of the nearest house, which is 0.082% of the public exposure limit. Since the applicant assumed the nearest house was 75 feet away, and it is actually 140 feet away, the RF exposure is even less. Other Issues A neighborhood meeting was held on June 22, 2004 at the project site. City staff provided the applicant with a 500-foot radius mailing list, although the applicant misidentified it as a 300-foot radius notice. Several neighbors were present and their [)-f'-( File No, U-2004-08 Page 3 July 12, 2004 concerns are summarized below, followed by staff comments. The applicant provided several additional studies (Exhibit F) to address resident concerns. These were sent to the meeting attendees. Power output from the antenna unit According to the applicant, the proposed antenna unit can potentially produce up to 1000 watts of electricity. The neighbors were concerned with the possible health risks or safety of the antenna. Staff comments: The maximum power density of 1,000 watts is fairly standard for a PCS wireless facility, The significant number is the ambient RF exposure, which diminishes by the square of the distance from the transmitting antenna. When this is taken into account, immediate ground level and residential exposure is well below the Federal safety standard for RF emissions. The RF study in Exhibit F also indicates that a collocated facility with another set of antennas will still have RF emissions below the Federal safety standard. Other existing Sprint PCS antenna stations . The neighbors wanted to know if the proposed antenna station is comparable to other existing Sprint PCS's stations in the vicinity in terms of power output and RF emission. Staff comments: According to the applicant the proposed personal wireless service facility is similar to surrounding Sprint PCS facilities. Staff confirms that this facility is similar to other Sprint facilities that have been approved. All other nearby sites also met the Federal Government's safety limit. Alternative sites Some neighbors questioned the possibility of locating the antenna at other sites (e.g., next to highway 85) instead of the proposed church property. Staff comments: The applicant's alternatives analysis is enclosed. See Exhibit F, Submitted by: Gary Chao, Assistant Planner Colin Jung, Senior Planner Approved by: Steve Piasecki, Director of Community Development~ ENCLOSURES Model Resolution Exhibit A: Project Description Exhibit B: Photo Simulations Exhibit C: Noise Analysis Exhibit D: Radio Coverage Maps Exhibit E: RFR Study by Hammett & Edison r)'-{:) File No, U-2004-08 July 12, 2004 Page 4 Exhibit F: Additional studies provided to neighbors: Doc. #1- Power Density and RF Safety Response; Doc. #2- Alternative Sites Analysis; Doc. #3- Existing RF Exposure Report for three nearby residences; Doc. #4-- RFR Study for a collocated facility Plan Set G: \ Planning \ PDREPORT\pcUsereports \ U-2004-0S.doc /)-((p ----~------------------------ 0-2004-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO LOCATE A PERSONAL WIRELESS SERVICE FACILITY, CONSISTING OF THREE PANEL ANTENNAS AND A MONOPOLE WITHIN AN EXISTING CROSS TOWER EXTENDED TO 55 FEET IN HEIGHT, AND ASSOCIATED BASE EQUIPMENT AT REDEEMER LUTHERAN CHURCH, LOCATED AT 940 S. STELLING ROAD. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Wireless Facilities Master Plan, Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U-2004-08 as set forth in the Minutes of the Planning Commission Meeting of July 12, 2004 and are incorporated by reference as though fully set forth herein. 1)'-(7 Resolution No. Page No.2 U-2004-08 July 12, 2004 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Property Owner: Location: U-2004-12 Sandra Steele/The Alaris Group Redeemer Lutheran Church 940 S. Stelling Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. ., 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "SPRINT, Redeemer Lutheran", consisting of 7 sheets labeled Tl, LS-l, LS-2, A-I through A-4, dated 5/03/04, except as may be amended by the conditions contained in this resolution. 2. CO-LOCATION OF ANTENNA The applicant shall make its mast available to other wireless communications carriers for antenna co-location subject to City approval. The co-location agreement shall be at market rates with reasonable cornpensation to the rnast owner. 3. MONOPOLE DESIGN FOR FUTURE CO-LOCATION OF ANTENNA The applicant shall design and construct the monopole to accommodate a future co- . location of antennas at a subordinate height to the approved set of antennas. 4. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and rernoval. 5. EXPIRATION DATE This use permit shall expire five (5) years after the effective date of the permit. The applicant may apply for a renewal of the use permit at which time the Planning Commission may review the state of wireless communications technology and camouflage technology to determine if the visual impact of the personal wireless facility can be reduced. 6. NOISE LEVEL OF THE EQUIPMENT CABINETS The equipment cabinets shall conform to the City's Noise Ordinance. (")-[ r Resolution No. Page No. j U-2004-08 July 12, 2004 PASSED AND ADOPTED this 12th day of July 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: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission g: / planning/ pdreport/ res / U- 2004-08 ~ Ç~/~ E:'HHßIT: A I II I, ,\ I ,\ HI,' C H () I 1', L L C Project Description Project Location The site address is 940 S. Stelling Road, Cupertino. The Assessor's Parcel Number is 359-25- 041. Project Components Antennas: The proposal would be to mount three (3) antennas to an existing church cross-tower that would be modified. The height of the existing church tower to the top of the cross is 40'7" and the proposal is to increase the cross tower to a height of 55'. The proposed Sprint PCS panel antennas, (1) per sector, (3) sectors total would be mounted at 47' 10" antenna centerline. The top of the proposed antennas would be at 50' on the cross tower. The antenna size would be 60 inches tall by 12 inches wide by 7 inches deep (60" x 12" x 7"). The antennas would be stealthed within a proposed concealment that would serve the dual purpose of steal thing both the antennas and the coax cable. The concealment would run from the top of the tripod to the base of the cross. The proposed concealment would be the same diameter as the existing structure - from leg to leg it would be 2'4" diameter in the shape of a square box. The entire modified cross tower excluding the cross would be painted a beige/brown color to match the surrounding buildings. Cross: The existing cross is 7' and would be reduced to 5' high. The top of the cross would be at 55'. The cross would retain the original design of being mounted on top of the tower, but would be (3) three times as big as the original cross to make it proportionate with the rest of the structure. The cross would be tapered at the top and painted a darker brown than the tower to stand out. There would be a GPS antenna mounted within the equipment lease area on a cable support ladder. Equipment: The equipment lease area would be located on the east side of the parcel. It would occupy approximately 15' X 25' or a total of375 SF. It would be mounted on a concrete slab at ground level and enclosed in a new 6'0" high wooden fence. The Mod Cell equipment includes up to (4) large cabinets and (2) smaller power and telco cabinets, There would also be a service light. The coax routing for the site would run underground from the equipment area to the cross tower. From there it would run up the inside of one of the tripod legs and through the middle of the antenna/coax concealment to the antennas. The coax cable would be fully stealthed. I 5> 2{) I H L .\ I ,\ J< I S C J< () I 1'. I. I. ( Coveral!e Objective Sprint PCS's radiofrequency (RF) engineers have identified this site as an integral site in' improving Sprint's PCS network coverage to the West Valley FwylHwy 85, southern portion of De Anza College as well as inbuilidng coverage at De Anza Center across from the site. It would also facilitate coverage to the north at McClellan Rd., and the neighborhood surrounding De Anza Blvd. At present, Sprint PCS customers are experiencing poor service in this area and this site will greatly benefit the Sprint PCS subscribers who live, work and travel in this area. PCS will change the future of telecommunications with easy-to-use, lightweight and highly mobile communications devices including: portable telephones, computers and Personal Digital Assistants (PDAs). PCS will provide voice, e-mail and internet access capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by Sprint PCS differs from typical cellular networks in that it uses a combination of state of the art digital technology and traditional analog wireless communications, which have been in use since the early 1980s. The benefits include call privacy and security, improved voice quality, and an expanded menu of affordable products and services for personal and professional communications needs. The Sprint PCS network will eventually feature a locator device that will connect 911 calls to local police and fire departments. In the event of an emergency, specially equipped emergency vehicles will be able to identify a customer's location once a call is received. Operational Overview Once constructed and operational, the unmanned communications facility will provide service to customers 24-hour per day, seven (7) days per week. Apart from initial construction activity, the facility will be serviced on a periodic basis by a Sprint technician. It is reasonable to expect that routine maintenance/inspection of the facility will occur once a month during normal working hours. Beyond this intermittent service, Sprint requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. All computer equipment needed to operate the site will be housed within the equipment cabinets. ( )~ 2-/ 1 II I- \ 1. ,\ I< 1 S (; H () 1 I' - 1. l.( FCC Compliance Sprint PCS complies with the operating requirements set forth by the FCC in 47 CFR Part 15 that discusses operation in public portions of the radio spectrum. The specific public frequency A-bands utilized by Sprint PCS are 1850 to 1865 MHz and 1930 to 1945 MHz ranges. This section specifies technical requirements, frequencies, and radio transmitter maximum power output such as minimum channel separation and channel bandwidth. Sprint PCS' technology adheres to all of these requirements. Conclusion On behalf of Sprint PCS, the Alaris Group looks forward to working in cooperation with the City of Cupertino to provide a wireless telecommunications facility that complies with the City's Land Use Requirements. Please do not hesitate to contact me with any questions at 415-573-7400 or sstee 1 e@thealarisgroup.com ~ f9t0- Zoning Specialist The Alaris Group, LLC ()rL2- p-X-t\\ßn: c.. Lucant :~":"og,:,~ 0 Network Systems - Product Conformance Test Subject: Te1cordia Requirement GR-487-CORE Section 3.29 R3-196, Issue 2, March 2000 Acoustical Noise Suppression Test Report for Compact 4.0 Cabinet. Date: December 12'" 2003 Memorandum for Record Introduction An acoustical noise suppression test was performed on a Compact 4.0 cabinet on August 29th, 2003 at the receiving office located in Lucent Technologies building 15, Whippany, NJ 07981- 0903. This test was conducted to verify that the Compact 4.0 meets the Te1cordia requirement specified in section 3.29 R3-196 ofGR-487-CORE (Generic Requirements for Electronic Equipment Cabinets). Telcordia Requirement Description Cabinets, equipped with telecommunications equipment and associated cooling fans, shall suppress acoustical noise to a level of 65dBA at a distance of 105m (5f!) from the cabinet with the doors closed during times of maximum noise generation within the cabinet. Figure 1 Page 1 of3 Lucent Technologies Proprietary-Use pursuant to Company Instructions 1]:-23 Figure 4 Page 2 of 3 Lucent Technologies Proprietary-Use pursuant to Company Instructions [ )-1 Lj Test Data Table 1 CABINET BACKGROUND MEASURED GR-487 ð. NOISE AXIS NOISE (dBA) NOISE (dBA) SPEC (dBA) (dBA) FRONT 36 64 65 28 RIGHT 36 63 65 27 BACK 36 63 65 27 LEFT 36 63 65 27 The Compact 4.0 cabinet meets the Telcordia acoustical noise specification with measurements shown on table 1 above. The background noise was at least 10 dBA below the measured noise as indicated on GR-487-CORE. Therefore, the "product" is in compliance to the Telcordia specification ofR3-196 acoustical noise suppression. Page 3 of 3 Lucent Technologies Proprietary-Use pursuant to Company Instructions ()~lS ~' L d1 .. 1:' cD :£ '" ill Redeemer Lutheran Church 940 S. Stelling Road Cupertino, CA 95014 site # SF60XC824A 1)- ,u "Cùrrent Sprint PCS Network Coverage" within vicinity of proposed site SF60xc824-A (shown enclosed in 0,5 f¡ ~I'J.-. ~--- . SF60xc824.A: Proposed Height extension to existing cross @ Lutheran Redeemer Church (ACL = 47.83' or 14.58 m) ----..... liprmt ~._~~ Date: Wed 17.Mar.2004 Scale: 1" =0.55 mi I . . J.:4~)!:C~53 "Current Sprint PCS Netwok coverage" within vicinity & including proposed site SF60xc824-A coverage - SF6Oxc824-A: Proposed Height extension to existing cross @ Lutheran Redeemer Church (ACL = 47.83' or 14.58 m) ~!prJnt . Dale: Wed 17-Mar-2D04 Scale: '"=O.S5 mi .! ieE!!IYxc.i53. <r, i' . , ~ .~- .IPoor I 1- ~ ~. i_. . Coverage of Proposed site SF60xc824-A (shown with 0.5 mi circles) - SF60xc824-A: Proposed Height extension to existing cross @ Lutheran Redeemer Church (ACL = 47.83' or 14.58 m) ~s~] .-. -~ "'\ '\ ,.¿" .' 'I~ 0" . ~ -'1",:""'~'. {. "fr.'..' " :I- " I ...'" í ' . i.. _':"'~, ',. '; Ii. I _IGood I I IJ IAverage I .~ ~I ~, 4 Date: Wed 17-Mar-2004 Scale: 1'=0.55 mi :i!= ; . .' m""_,, E~ \'\\'ß\T: E. Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Sprint PCS, a wireless telecommunications carrier, to evaluate the base station (Site No. SF60xc824A) proposed to be located at 940 South Stelling Road in Cupertino, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive thresholds for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Personal Communication ("PCS") Cellular Telephone Specialized Mobile Radio [most restrictive frequency range] ADDrn, Frequency 1,950 MHz 870 855 30-300 Qcc¡¡pational Limit 5.00 mW/cm2 2.90 2.85 1.00 Public Limit 1.00 mW/cm2 0.58 0.57 0.20 General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are connected to the antennas by coaxial cables about I inch thick. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward the HAMMETI & EDISON, INC CONSULTING ENGINEERS SAN FRANCISCO SP824A596 Page I 00 IJ-3ð Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum pennissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for detennining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Èxposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by Sprint, including zoning drawings by MSA Architecture & Planning, Inc., dated March 8, 2004, it is proposed to mount three Andrew Model 932DG90RCE-M directional panel antennas on the existing steel cross structure on the property of the Redeemer Lutheran Church, located at 940 South Stelling Road in Cupertino. The structure would be increased in height to 55 feet above ground and the antennas would be mounted at an effective height of about 48 feet above ground; they would be oriented at 1200 spacing, to provide service in all directions. The maximum effective radiated power in any direction would be 1,000 watts. There are reported no other wireless telecommunications base stations installed nearby. Study Results The maximum ambient RF level anywhere at ground due to the proposed Sprint operation is calculated to be 0.0019 mW/cm2, which. is 0.19% of the applicable public exposure limit. The maximum calculated level on the roof of the church building is 0.36% of the public exposure limit; the maximum calculated level at the second floor elevation of the nearest home' is 0.082% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. Recommended Mitigation Measures Since they are to be mounted on a tall pole, the Sprint antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To , Located about 75 feet away, based on the drawings. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO SP824A596 Page 2 00 ¡f'-3l Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California prevent occupational exposures in excess of the FCC guidelines, no access within 5 feet in front of the Sprint antennas themselves, such as might occur during maintenance activities on the pole, should be allowed while the site is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. Posting explanatory warning signst at the antennas and/or on the pole below the antennas, such that the signs would be readily visible ftom any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC- adopted guidelines. " Conclusion Based on the infonnation and analysis above, it is the undersigned's professional opinion that the base station proposed by Sprint PCS at 940 South Stelling Road in Cupertino, California, can comply with the prevailing standards for limiting human exposure to radio ftequency energy and, therefore, need not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2005. This work has been carried out by him or under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. March 15,2004 t Warning signs should comply with ANSI C95.2 color, symbol, and content conventions. In addition, contact infonnation should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. HAMMElT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO SP824A596 Page 3 of3 ()-3:L FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Freauencv Applicable Range (MHz) 0.3 - 1.34 1.34 - 3.0 3.0 - 30 30 - 300 300- 1,500 1,500 - 100,000 ¡¡.£N¡¡ ~ § ~ P-.Og 1000 100 10 Electromal!Iletic Fields (f is freauencv of emission in MHz) Electric Magnetic Equivalent Far-Field Field Strength Field Strength Power Density (VIm) (Nm) (mW/cm') 614 614 1.63 1.63 100 100 614 823.81f 1.63 2.191f 100 1801/ 1842/ f 823.81f 4.891 f 2. 191f 9001 f 1801/ 61.4 27.5 0.163 0.0729 1.0 0.2 3.54Vr 1.5* Vr/l06 {¡'I238 f/300 fl1500 137 61.4 0.364 0.163 5.0 1.0 ./ Occupational Exposure /' PCS Cell 0.1 , , FM , ~ /'- Public Ex osure ----, 0.1 10 100 103 Frequency (MHz) 105 104 Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. HAMMETI & EDISON, INc. CONSULTING ENGINEERS SAN FRANC5CO FCC Guidelines Figure I /)'-')3 RFRCALC TM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum pennissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully fonned; the near field may exist for increasing D until some or all of three conditions have been met: 1) D>¥ 2) D> 5h 3) D > 1.6J.. where h = aperture height of the antenna, in meters, and J.. = wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: . S - 180 0.1 x Poet. mW 2 power densIty -!JßW x 11 X D x h' III Icm , where BBW = half-power beamwidth of antenna, in degrees, and Poet = net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This fonnula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET-65 gives this fonnula for calculating power density in the far field of an individual RF source: Power density S = 2.56 x 1.64 x 100 x RFF2 x ERP in mW/cm2 4x1lxD2 ' , where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This fonnula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HAMMEIT &: EDISON, INC CDNSULTING ENGINEERS SAN FRANCffiCO Methodology Figure 2 {J-3'-( EXIt\EIT: F Dcc..s. 1\'\ -+~f\l- .:tZ; 4) VIA EMAIL DELIVERY Mr. Gary Chow & Mr. Colin Jung . Planners - Community Development Department City of Cupertino Planning Division (408) 777-3308 Re: Response to Community Meeting for Redeemer Lutheran Church held on 6/22 at 940 S. Stelling Rd. (SF60XC824-A) Dear Colin & Gary: At the community meeting held on 6/22 for the proposal of a new Sprint PCS wireless telecommunications facility at the Redeemer Lutheran Church, the five (5) neighbors raised four (4) main questions about the proposed site. These questions are outlined below and corresponding documentation is attached that responds to their concerns. 1) What is the power density output of the proposed site at the Redeemer Lutheran Church and the surrounding sites? How do these levels differ at the site and then further away within the 500' radius? (see attached Doc.#l) 2) What alternative sites has Sprint PCS looked at in that area? Why can't they put a site along Hwy 85? (see attached Doc.#2) 3) What are the existing RF exposure conditions at the three (3) homes of the attending neighbors near the proposed Sprint PCS base station? What would the predicted difference be once the proposed site was on air? (see attached Doc,#3) What is the cUlJ}ulative effect of adding another carrier to the proposed site? (see attached Dodm-- pg. 2 Section: 'Site and Facility Description & Study Results) Please don't hesitate to contact me if you have any further questions. Regards, Sandra Steele Permit Expediter The Alaris Group, LLC (415) 573-7400 ( )-35 Doc. 1'ì' ~ ~ Sprint. Sprint PC SSM July 04 To Whom It May Concern: RE: Proposed site SF60XC824 Lutheran Redeemer Church 940 S. StellinQ Road. Cupertino CA 95014 POWER DENSITY This report aims to address the concerns of the local residents and to answer questions raised at the Community Meeting held on 6/22/04. The power density for Sprint's proposed site, SF60xc824, at Lutheran Redeemer Church has been designed with the sarne power densities as all of its surrounding on-air (or in-service) sites, namely FS04XC131 (Imperial Ave, Cupertino), SF33XC591 (South De Anza Bivd @Stevens Creek Blvd), FS04XC127 (North De Anza Blvd @Hwy 85) and SF33XC413 (Bollinger Road). The average power output for these sites 506 Watts, Effective Isotropic Radiated Power (EIRP). In general, the power density falls off dramatically with distance from the transmitting site. This is because it follows the Inverse Square Law, which states that for every doubling of the distance, the power density decreases by a factor of 4 i.e. the power density is reduced by a quarter! In considering the Redeemer Lutheran Church site, the power densities are as follows: (i) At a distance of 10ft - around base of tower structure, the power density at ground level is 0.09 microwatt per square centimeter. This is 10 times iess than the FCC Maximum Permissible Exposure of 1.0 microwatt per square centimeter for the general population. At a distance of 200ft - approximate distance of close-by residents, the power density at ground level is 0.002microwatt per square centimeter. This is 500 times less than the FCC Standard for the general population. (ii) (iii) At a distance of 500 ft - the distance at which all residents must be notified in advance, in accordance with the City Ordinance, the power density is 0.0003 microwatt per square centimeter. This is 3000 times less than the FCC Standard for the general population. It is important to note that these figures will be at least 100 times less, since the signal is further weakened as it travels through the air and through obstacles such as trees, buildings, cars, etc. It is also important to not that the FCC Standards have a safety factor of fifty (50) built into them. In comparison, a typical household microwave, which most people are familiar with, gives out 0.2 microwatt per square centimeter, while in use, even though the door is properly closed. This is 5 times below the FCC limit and a 100 times greater when compared with antenna output at a distance of 200ft. Thank you, Sprint PCS - RF Engineering 1)- 3& ----------------- ---- \) oc4P 2- To whom it may concern: Re: Alternative Sites Analysis for SF60XC824A -Redeemer Lutheran Church 940 S. Stelling Rd. Cupertino CA 95014 This list of alternative sites looked at by Sprint PCS aims to address the concerns of the local residents and to answer questions raised at the Community Meeting held on 6/22/04. A site requires adequate RF coverage, a willing landlord, compliance with city zoning ordinances and constructability in order for it to be a viable candidate for Sprint PCS. The following is a list of sites that were considered prior to the selection of the Redeemer Lutheran Church, but did NOT meet one or all of these necessary requirements: 1. 2. 3. 4. 5. 6. St Jude the Apostle Church (Episcopal) - Comer of McClellan and S. Sterling was identified, however, it has very low buildings and no adequate height. This site does not work for RF. New Life Church/Church of the Nazarene - 20900 McClellan Road was also identified. It has the same cross structure as Redeemer Lutheran, but the landlord is not interested and it is not constructible due to roof access difficulties. Church of the Latter Day Saints - S. Stelling across from new DeAnza Parking Structure was identified as a possible candidate, but the church has a national policy that it will not lease to any third parties. This site has an unwilling landlord. St. Andrew Armenian Church - on S. Stelling Road was identified as it had a tall roof and cross, however this site is not constructible. Also, the site is too far south of the search ring and would not cover DeAnza College area. This site was also rejected by RF. Jollyman Park was identified as an excellent location, however, there were no existing vertical structures and the city zoning ordinance encourages carriers to go on existing structures. Furthermore, it would be very difficult to bring in utilities and was not feasible from a construction standpoint. Finally, this site is surrounded by tall trees that would have compromised our coverage and was therefore rejected by RF. Office Building - Corner of McClellan and S. Stelling was identified as a possible candidate. The building is owned by DeAnza College and has a Hi-Tech training center as a tenant, but appears vacant. The building is only about 12 feet tall and surrounded by trees and therefore this site does not work for RF. ¡ )'-3! TBi;. ;\LARIS CHOl:P, LL( 7, 8. 9. 10. Monte Vista High School was identified as a candidate, however, it falls too far outside search ring and search area and thus this site does not work for RF. Highway 85 CaITrans at S. Stelling was also identified as a possible candidate, but there are no existing tall structures at the site and no utilities. There is a sound wall on one side of overpass and a 50' to 60' pole would cover both the freeway and residential areas, but would be very close to and very visible from residential properties on Orogrande Place and Festival Drive and would not meet the aesthetics of the city zoning. Finally, the area is south ofthe search area, and would not cover De Anza adequately. Therefore, this site was also rejected by RF. Highway 85 CaITrans at McClellan was identified as a possible candidate, but Caltrans recently rejected a Metro PCS proposal for this Caltrans yard due to maintenance and security concerns. Therefore this site was rejected as it has an unwilling landlord. Also, this site is located in the very north part of search area and would not cover the residential areas to the south. There are no existing tall structures in the area. There is only one 35' telephone pole that could not be used because it is not tall enough to cover the area. Therefore, this site was rejected by RF. DeAnza College was identified as a candidate. This site has a new parking structure and other buildings that are all too far to the north of the search ring. We need additional coverage at De Anza, but not a site directly on the campus. Therefore this site does not work for RF. lJ-3,f -'------------- ------------------- -------- -----_u_- Doc,1f 3 H'E HAMMETT & EDISON, INc. . CONSULTING ENGINEERS RADIO AND TELEVISION WILLIAM F. HAMMETT. P.E. DANE E. ERICKSEN. P.E. STANLEV SALEK, P.E. ROBERT D. WELLER, P.E. MARK D. NEUMANN, P.E. ROBERT P. SMITH, JR. RA.iAT MATHUR ROBERT L. HAMMETT, P.E. 1920-2002 EOWARO EOiSON, P.E. BY E-MAIL SSTEELE@THEALARISGROVP.COM July 2, 2004 Ms. Sandra Steele The Alaris Group, LLC 185 Berry Street, Suite 5300 San Francisco, California 94107 Dear Sandra: As you requested, we conducted measurements of the existing RF exposure conditions at three homes near the location of the proposed Sprint PCS base station (Site No. SF60xc824A) on the property of the Redeemer Lutheran Church, at 940 South Stelling Road in Cupertino. The measurement equipment used was a Wandel & Goltermann Type EMR-300 Radiation Meter with Type 8 Isotropic Electric Field Probe (Serial No. P-0036). Both meter and probe were under current calibration by the manufacturer. The maximum power density levels observed at the homes on June 22, 2004, about 8:30 PM, not including the contributions of other RF sources, such as TV, monitor, and microwave, were all so low as to be below the minimum measurement range of the instrument, i.e., less then 0.13% ofthe most restrictive public limit. These homes were located at the following addresses: 771 Huntridge Lane 903 South Stelling Road 7655 Dumas Drive Based on the information provided by Sprint, it is proposed to mount three Andrew Model 932DG90RCE-M directional panel antennas on the existing steel cross structure to be modified to a height of 55 feet. The Sprint antennas will be mounted at an effective height of about 48 feet above ground, and Sprint reports that it will initially operate at a maximum effective radiated power ("ERP") of500 watts, with a maximum eventual build-out ERP of 1,000 watts. The maximum ambient RF level anywhere at ground due to the proposed Sprint initial and maximum operations is calculated to be 0.095% and 0.19% ofthe applicable public exposure limit, respectively. The power density levels observed at the three homes are not expected to change significantly after the Sprint station is operational. e-mail: bhammett@h-e.com us Mail: Box 280068 . San F..nd"o. Callrornla 94128 Delivery: 410 Third Street West. Sonoma, California 95416 Telephane: 101/996.5200 San Franei"o . 101/996-5280 Facsimile' 202/396-5200 D.C. I )~ ]'1 Ms. Sandra Steele, page 2 July 2, 2004 We appreciate the opportunity to be of service and would welcome any questions on this material. Please let me know if we may be of additional assistance. Sincerely yours, ~~~ William F. Hammett sf I') -I.{6 boc.* i Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Sprint PCS, a wireless telecommunications carrier, to evaluate the base station (Site No. SF60xc824A) proposed to be located at 940 South Stelling Road in Cupertino, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown ili Figure I. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive thresholds for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Personal Communication ("PCS") Cellular Telephone Specialized Mobile Radio [most restrictive frequency range] Aoorox. Frequencv 1,950 MHz 870 855 30-300 OccuDational Limit 5.00 mW/cm2 2.90 2.85 1.00 Public Limit 1.00 mW/cm2 0.58 0.57 0.20 General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are connected to the antennas by coaxial cables about 1 inch thick. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward H'E HAMMETI & EorSON, INc. CONSULTING ENGINEERS SAN FRANOSCO SP824A596.1 Pagelof4 I )' -L( I Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road, Cupertino, California the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Èxposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by Sprint, including zoning drawings by MSA Architecture & Planning, Inc., dated March 8, 2004, it is proposed to mount three Andrew Model 932DG90RCE-M directional panel antennas on the existing steel cross structure on the property of the Redeemer Lutheran Church, located at 940 South Stelling Road in Cupertino. The structure would be increased in height to 55 feet above ground and the antennas would be mounted at an effective height of about 48 feet above ground; they would be oriented at 120° spacing, to provide service in all directions. The maximum effective radiated power in any direction would be 1,000 watts. Similar antennas for use by another wireless telecommunications carrier could be mounted lower on the same structure. For the purposes of this study, it is assumed that another PCS carrier were also to install an identical operation, at an effective height of about 40 feet above ground. Study Results The maximum ambient RF level anywhere at ground due to the proposed Sprint operation by itself is calculated to be 0.0019 mW/cm2, which is 0.19% of the applicable public exposure limit; the maximum calculated cumulative level at ground for the simultaneous operation of both PCS carriers is calculated to be 0.39% of the public exposure limit. The maximum calculated cumulative level on the roof of the church building is 1.6% of the public exposure limit; the maximum calculated cumulative level at the second ,floor elevation of the nearest home' is 0.20% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. The cumulative results are based upon a hypothetical build- . Located about 75 feet away, based on the drawings. H'E' HAMMETI & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO SP824A596.1 Page 2 of 4 [)'--<.(..L --. .-.-------- Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California out of a second PCS carrier at the proposed site in order to demonstrate that such utilization of the facility can be made in conformance with FCC guidelines for exposure to radio frequency radiation. Although the results are believed to be conservative, they should not be used to represent actual exposure conditions at the site after construction of both carriers. When the second carrier's facilities have been specified, a complete calculation study should be performed. Recommended Mitigation Measures Since they are to be mounted on a tall pole, the antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To prevent occupational exposures in excess of the FCC guidelines, no access within 5 feet in front of the Sprint antennas themselves, such as might occur during maintenance activities on the pole, should be allowed while the site is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. Posting explanatory warning signst at the antennas andlor on the pole below the antennas, such that the signs would be readily visible from any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC- adopted guidelines. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by Sprint PCS at 940 South Stelling Road in Cupertino, California, can comply with the prevailing standards for limiting human exposure to radio frequency energy and, therefore, need not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for expOSures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. t Warning signs should comply with ANSI C95.2 color, symbol, and content conventions. In addition, contact information should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. H':. HAMMETI & EDISON, INc. ffiNSULTING ENGINEERS SAN FRANCISCO SP824A596.1 Page 3 of 4 (j-L{ :) Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2005. This work has been carried out by him or under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. July 2, 2004 H'E HAMMETI & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO SP824A596.! Page 4 of 4 I )-L{l( FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.l-l999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequencv Applicable Range (MHz) 0.3 - 1.34 1.34 - 3.0 3.0 - 30 30 - 300 300- 1,500 1,500- 100,000 ~ .€'"S " ¡g-':! 0 ,,~ 0..°5 1000 100 Electromagnetic Fields if is frequencv of emission in MHz) Electric Magnetic Equivalent Far-Field Field Strength Field Strength Power Density (Vim) (Nm) (mW/cm') 614 614 1.63 1.63 100 JOO 614 823.8/1 1.63 2.19/1 100 180// 1842/f 823.8/1 4.89/f 2.19/1 90011' 180// 61.4 27.5 0.163 0.0729 1.0 0.2 3.54-fr 1.5<NJ -fr1l06 ...¡jï238 moo j71500 137 61.4 0.364 0.163 5.0 1.0 10 1 0.1 ./ Occupational Exposure / PCS Cell ----, 0.1 10 100 103 Frequency (MHz) 105 104 Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, ifrequired to obtain more accurate projections. H'E. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO FCC Guidelines Figure 1 { )-t.[S- RFR.CALC TM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure I) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. " Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three conditions have been met: 1) D>~ 2) D> 5h 3) D > 1.6'- where h = aperture height of the antenna, in meters, and '- = wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: . 180 O.lxPnet power densIty S ~ Øßw x ~, in mW/cm2, where 6BW = half-power beamwidth of antenna, in degrees, and Poet = net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET-65 gives this formula for calculating power density in the far field of an individual RF source: Power density S = 2.56 x 1.64 x 100 x RFF2 x ERP, in mW/cm2, 4x1!XO2 where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. H'E, HAMMETI & EDISON, INc. , CONSUL rING ENGINEERS SAN FRANCISCO Methodology Figure 2 (»<-{ ~ EXHIBIT C Sprint PCS is appealing the decision of the Planning Commission because the findings made by the Planning Commission were fatally flawed in the following respects: 1. The Wireless Ordinance of Cupertino instructs a carrier to locate a site on a church in this underlying zone. Sprint PCS has complied. 2. The Wireless Ordinance instructs a carrier to locate an unobtrusive facility in an existing structure. Sprint PCS has complied. 3. The Wireless Ordinance instructs a carrier to use the best available camouflage techniques to reduce the visual impacts. Sprint PCS has complied. Further, Sprint has offered multiple design options. 4. The Wireless Ordinance instructs a carrier to design a site to be scaled to fit harmoniously with surrounding elements. Sprint PCS has complied. 5. The Wireless Ordinance instructs a carrier to design a facility to be compatible in shape, size, color, material and texture. Sprint PCS has complied. 6. Sprint PCS has complied with all FCC guidelines. 7. Sprint PCS has complied with all Master Plan height and setback requirements. For all ofthe above reasons, Sprint PCS has requested this appeal. L )'----l{1 EXHIBIT D .. Sprint pes 4fl!MJ4 Redeemer LutheraA Church 940 50 SIoIIIRg - CUpeo1lnø, CA 91014 oI1e' SFIOXCQlA Pho"""""""" by Applied "'_"O914<JOOO I »'-{ r Redeemer Lutheran Church 940 50 -ling - CuperIIno, CA 15014 - # SFIIOXC824A I ~-li'1 I'Iedeemer Lutheran Church !140 50 SIeIHng - CupertIno, CA !111014 SIte # SF80XC824A { )'-fô Redeemer LuIhenIn Church _$.-.- C~I1G.CA!IIIO14 5110' SFIOXCI24A 15"'-)[ Redeemer Lutheran Church !140 50 SIoIIIng fIG... CUpertlne, CA !IIIO14 sno , SFIOXC824A I )'-j.L Redeemer Lutheran Church !I4Q 50 SIeINng Rø8II Cwperlinø, CA !iIO14 ..., SFIOXCU4A -----~------ - --- ------- 1»)3 L.uther8n Church Redeemer ....... 940 50 -ling 911014 CUperllne, CA - # SFIOXC824A 1')- JL( Redeemer Lutheran Church IMO s. SIoIII"II 11- CupertIno, CA !IIIO14 5I1e, SFIIOXC824A /)'-)) Aedeemer Lutheran Church \MIl s. -lInG ....... CUpertiACil, CA 95014 SIlo # SfI!OJ(C82,cA I ') - j(p EXHIBIT E g¥ ~~ ~" 1!ô 8~ ;~ -;'8 §~ .~ ¡¡~ ~~ ~~ ~~ .~ ~~ "~ ~$ ~> ~¡ H :~ 8: if 0, ~~ ~. g§ ;i f ~ i :¡. ~ 0 ;e. 0 ~ 0 " .. ~ ï ~ i i [ ~ ~ g ~ 0 ~. ¡ " " < ~ q ~ c ~ 5 ~ ~ . i '" l)~)( .------ --- -~_._----. --------- -------- 60 ~~ n §~ ;§ ~. U ~~ i~ .~ U ¡~ a Ii ~i 8~ -if H ~~ ~~ Ii ~~ f œ i ~ . ~ i ~ I f , ~ 1 ~ 0 . t 6 I . 1 f 3 ~ ~ . 0 ~ " ¡¡¡ 3 0 a 0 ~ 0 ." ~ '" ." " 2 en ïl m a x 0 00 N -I'>- :Þ ~ =: =' II) m () II) =' Co ä: II) m Cf If-)'! @" b'!i ~~ ë;¡; ~~ ~¡¡ h -å ~~ ~~ ~~ ~~ ¡¡¡¡ õ, ;i ~~ ~> ~~ .~ ~. i ~ ð~ 8: ~iJ U 03 ~g h Ii ~.~ >. ~. ~ ~ i i i i [ ~ . 1i ~ 0 i " ~ t ~ ð I ~ ~ ~ ~ 0 ~ 5 ~ " " ~~ :>0 "". "'0 ~ö: '"!!¡ {f-)4 6\) ¡~ '&~ ~§ h .§ ~~ ~f h U ~~ ~~ .'1 ~" H oi 8~ -if It g3 ~~. ~~ H ~i i" .. : ¡ ~ . i ~ ~ g I , 9 I g a 3 n ~ ~ ~ 0 I . ~ 11 ~ f 3 ~ ~ I ." ¡¡¡ 3 ~ 0 õ: ~ 0 'C ~ '" 'C .. n ro (» (PC) EXHIBIT F ...., g en I:: a I:: ::I C. :ï <C III g, en "T1 en 0 >< 0 co "" .þ. ~ ;- ¡" 2. ¡ 0' ¡J! ! ¡ Ii ( )~~ I . E ~~. BQ '!lllk \-WJ .. T'I! ~ .L fa'~ , ...~ i crga°C'C§ = ~~~...~~ c ., tl i'lli -) ~ T """ ~ -4 æ .'L'III. l.l ?> hi Ri1\ Wli' : 8)~. '~IiJ~;¡'f.:y:"~ III _IfþNBfYN ill :'~".".~~,~..J=t=:i.~-~~~,t.~,~,.".~..~, ...~j; :: li ='f; '3 'þ~~~~~ ~~ ~,I,I,I,L,I~":"jl. h: . iZll ~,~~d3lD'E£~ \':)- I I )~ - I ( ffit t:: '- ~ ¡;p";' 1,- , . Illi J I 1 1 5 ~ ¡::.: pm ~ - EXHIBIT G REDEEMER LUTHERAN CHURCH A Sanctuary of Grace for ALL 940 S. Stelling Road Cupertino, California 95014 , (tel) 408-253.5152 (fax) 408.253-0473 emall: rdmr@flasb,net Web site: www,flasb,net/-rdmr August 19, 2004 To The City of Cupertino: ---- ------ --,--Bls-uingsl--We-appPedGte- -youfLWol"k---cmd.-would--like--.to- ~tG-te--- - ---- -- that w~ are in total support of the plan to have an antennae on site in accordance with the City Wireless Master Plan, We formed a task force, have presented the project to the church council and congregation. A vote was taken and passed for the use of this site for the Sprint proposal. Sincer,~ly. , Pastor Dawn Teuthorn : Congregational President ú. : Congregational Vice President" Task Force ¿1;A/Á I! xlL~ TQ$k Force A Congregational Treasurer /< -) --/~ ~:' ~ .-/~ .4"fi-I : Council" TQ$k force ~~~~ : ~ -A~~ ~~~^ 100~ dflmm SHIV1Y ¡¡Ill LLZ9 g6t gn XVII gg: 1:1 NOW tOOUO&/90 l »-~ L{ EXHIBIT H August 24, 2004 Communi ty Meeting at Redeemer Lutheran Church Dear Sprint representatives, Thank you for inviting us to this meeting. Following are some of the questions we have gathered so far regarding the proposed cellular tower. Your timely answers will greatly help us understand the impact of such tower. 1. What is the benefit Redeemer Lutheran Church is receiving from the deal? Could you give us a copy of the contract between Sprint & Church? 2. Can Sprint guarantee in writing there will be no property devaluation after the constructicm of the tower and Sprint is fully liable if property value changes significantly relative to comparable neighbo;-hood after the construction of the tower? 3. Can Sprint guarantee in writing that the radiation from the transmitters has no health effect on human and animals, and Sprint is fully liable for any future health damage caused by the radiation from the transmitters? 4. Which government authority, or any other agency. checks the output and frequency of each transmitter. and at what intervals are these checks carried out? 5. Please state the closest distance of your proposed tower to Jollyman park playground and the nearest residential home. 6. Can Sprint summarize the cases in US where transmitter towers have resulted in property devaluation, including the damages paid by wireless carriers for each case? 7. What are the exact technical definitions of the following limits in Hammett & Edison's report on its measurement of three homes near the location of the proposed Sprint towe" - less then 0.13% of the most restrictive public limit (current measurement) - 0 .19% of the applicable public exposure limit (after construction) 8 . In case of any possible compensation I liability claims, (other than those due to damages caused by structural parts of the tower). does Sprint have coverage in the event of damages caused now, or at a later date, by electromagnetic radiation from your transmitters? If so, please state the maximum amount of insurance. 9. Since in recent years there has been a significant acceleration in worldwide medical researches regarding the dubious safety of wireless technology, therefore If --&5 we are asking you to please cite and forward to us medical studies published after year 2000 that indicate that the particular antenna and signal design chosen by Sprint will do no harm to living things, including human populations irradiated by these signals. 10. Please ind;cate any government on this globe that takes the following stand concerning wireless communication signa1's electromagnetic radiation, (a applying the Precautionary Principle in regard to wireless telecommunications technology (bl having regulations in place to protect the health and well-being of their citizens. Please give details of any studies I reports in this regard. If you have any issue with the questions, please do not hesitate to contact us at cupertino_towerGyahoo. com We greatly appreciate for taking your time answering above questions. Sincerely, Ue;;Ä Ih~ Concerned Cupertino CoI1'rouni ty {<J-&& EXHIBIT I SPRINT RESPONSE to the CONCERNED CUPERTINO COMMUNITY regarding Questions posed in a Letter dated August 24, 2004 1. All information regarding the contract between Redeemer Church and Sprint is proprietary and confidential. 2. There is no evidence in real estate appraisal or sales that substantiates a reduction in property value from a cell site. Property values have continued to escalate in the San Francisco Bay Area without regard to proximity to cell sites. Planning Commissioner Marty Miller is a real estate broker and stated at the Planning Commission hearing that there is no evidence of cell sites affecting property values. 3. The United States government passed the Telecommunications Act of 1996 after carefully reviewing the literature and studies of wireless facilities and use, and concurring there are no harmful effects. The Act promotes the building and use of a new telecommunications infrastructure throughout the United States, and to facilitate such a new infrastructure, the Act stated that no local community shall regulate cell sites on the basis of environmental effects provided the facilities comply with FCC guidelines. Sprint's facilities meet or exceed all FCC guidelines. 4. The FCC governs the use of all licensed frequencies. Sprint operates under license from the United States government. Sprint performs regular maintenance to ensure its equipment meets all Federal, state, and local regulations. 5. Sprint's proposed antennas in the cross structure would be 50 feet (top of antenna) above ground level. This structure is approximately 150 linear feet to the closest part of the children's playground in Jollyman Park. The structure is approximately 150 linear feet to the closest residential property line. 6. Based on generally accepted real estate appraisal practices, we know of no cases of devaluation of residential real estate that would be relevant to property values in the San Francisco Bay Area. 7. A Hammett & Edison representative will be at the Council Meeting to fully explain the exact technical definitions of these measurements. 8. Sprint meets or exceeds any insurance coverage requirements by local, state and Federal jurisdictions and agencies. 9. We are not aware of any specific medical studies published after the year 2000 regarding the particular antennas and signal design chosen by Sprint. However, all of Sprint's operations are regulated by the FCC and meet or exceed all local, Page 1 of 2 1)-&7 state, and Federal health and safety standards, and this would include the specific antennas and signal design chosen by Sprint for the Redeemer site. 10. We do not understand the question as posed. However, virtually every country on every continent in the world has wireless networks using the same frequencies at the same power levels as Sprint Almost every government in the world has set forth regulations to protect the health and well-being of their citizens specifically with regard to telecommunications. Also, in response to community member's requests to visit existing Sprint cell sites, we would like to provide the following sites that offer similar installations that will give a general idea of the characteristics of the proposed site at Redeemer Lutheran Church on S. Stelling Road. Remember that no two sites are identical in appearance. The following two sites have equipment that can be seen by driving by: Foothill Church 1860 Grant Road Los Altos (equipment located behind gymnasium behind a 6 foot fence - antennas behind a stealth structure on the roof are not visible.) Orchard Farms 6148 Bollinger Road San Jose (equipment located in back of shopping center behind a 6 foot fence - antennas behind a stealth structure on the roof are not visible.) The following site has a new treepole that can be seen by driving by: Office Bldg. 21050 Miller Ave. @ RidgewoodlStevens Creek Cupertino (antennas are located at top of treepole - equipment is located in corner of property behind garbage enclosure. Note this is a different carriers equipment) Please be courteous of property owners and tenants when driving by and viewing these sites. Page 2 of 2 ()'-&t EXHIBIT J Planning Commission Minutes 2 July 12,2004 Com. Giefer: Page 7, 2nd bullet, Line 2: Add the word abut after changed. / Line 3: Add the word that after wall, '"/ Line 3: Add the word as before No Par ng. Motion: Motion by Vice Chair Wong, second by Com. Giefer, t June 28, 2004 minutes as amended. (Vote: 4-0-0) WRITTEN COMMUNICATIONS: the Rl application. POSTPONEMENTSIREMOV AL FROM CALENDMt: 1. U-2004-07, ASA-2004-10 ~rmit to allow two 2,120 square foot two- Danny Lee story single family residences in a planned 10078 Santa Clara Ave. development zoning district. Architectural and approval for two new two-story residences, each 1,120 square feet, in a planned development zoning district. Continued from Planning Commission meeting of June 28. 2004. Planning Commission decision final unless appealed. Request postponement to July 26, 2004 Planning Commission meeting. Motion: Moti n by Vice Chair Wong, second by Com. Miller, to postpone Application U- 04-07, ASA-2004-10 to the July 26, 2004 Planning Commission meeting. ote 4-0-0) . noted that Item 5 would be discussed before Item 4. 2. U-2004-08 Sandra Steel/The Alaris Group; 940 Stelling Rd. Use permit to locate Sprint Wireless Communication antennas and equipment within an existing cross tower at Redeemer Lutheran Church and to extend the height of the cross-tower to 55 feet. Gary Chao, Assistant Planuer, presented the staff report: At the request of Vice Chair Wong, staff provided copies of the city's Master Wireless Plan and a list of all previously approved antenna sites. Application is for use permit to locate Sprint's wireless communication antennas and equipment within an existing cross tower at Redeemer Lutheran Church and to extend the height trom 44 to 55 feet. PCS proposes to mount 3 antennas to the existing church cross tower located in the tront courtyard area of the church; proposed antennas will be mounted approximately 50 feet high on the cross tower. IJ-fg 7 Planning Commission Minutes 3 July 12,2004 The general design of the tower will be preserved with cosmetic upgrades to screen the antennas and the wirings. The proposed cables and antennas will be completely screened from public views. Equipment cabinets will be located near the southeast comer of the church property, enclosed by a 6 foot wood fence approximately 60 feet from the nearest residential property. The antenna equipment and antenna panels satisfy the city's noise ordinance. Applicant's objective in the antenna location is to address the poor service and cellular coverage experienced by Sprint PCS customers in the area. Said that neighbors expressed concerns at a June 22 meeting. 0 Potential health risks or safety issues from the antenna facility. ., » Applicant's radio frequency emission study performed by consultants, the project RF emission at the ground level is .19% of the maximum allowable public exposure levels set by the FCc. The second story level project RF emission is .082% of the allowable federal exposure levels. The figures assume the nearest houses are 70 feet away, and in actuality the nearest house is about 140 feet away, which would result in less exposure. 0 Neighbors wanted to know how the proposed antenna facility compared to other Sprint PCS stations in the area. » The proposed antenna facility is similar to other Sprint PCS stations in the area in terms of power output and RF emissions. 0 Some neighbors questioned whether sufficient alternative sites have been considered by the applicant. » Ten other sites have been considered and analyzed against Sprint's coverage objectives and suitability standards. The proposed church cross tower has been . identified as the most ideal and viable site. Said the proposed antenna and equipment are consistent with the city's Master Wireless Plan, because the proposed church site is an antenna candidate location based on the master plan, and in general, religious facilities are also listed as appropriate antenna sites. Staff recommends the Planning Commission approve the use permit with the attached model resolution. Sandra Steel, Sprint PCS: The site meets all the city and govemment requirements. Applicant worked closely with staff on design, in keeping with the existing structure, aesthetically pleasing, mitigating any negative visual impacts. A pre-application was submitted to staff, and Sprint incorporated all the city's design suggestions into the final design presented in the use permit application. Presently, optimal service is not being provided to the Sprint customers in the Cupertino area and the church location is necessary to provide service to the areas illustrated on the city map. Two alternate sites identified are Jollyman Park at Tuscany Place, and Monta Vista High School. Both sites failed to become viable candidates because they did not meet the RF coverage objectives and Jollyman Park did not have any existing vertical structures to locate the antennas on. A list of 8 other alternate sites was also submitted after the community meeting, which is contained in the staff report. Sprint sent out 95 notices of a community meeting to a radius of 500 feet from the site, and only 5 neighbors attended the meeting. Sprint conducted RF readings at the 5 homes and provided reports and documents to the residents answering questions they had at the meeting. ('» lD Planning Commission Minutes 4 July 12, 2004 Vice Chair Wong asked the following qnestions: Why a second community meeting was not held? Was there any indication after the first meeting that there were more concerns and more neighbors who were concerned, as many neighbors are present at this evening's meeting? Explain the noise level ¡¡-om the cabinet in the rear of the church and how it meets the standard. Ms. Steel: Said a second community meeting was not held because there was such a small number of people present and the type of information they requested was given to them directly; Jhere was not enough time to schedule a second meeting and staff recommended it be approached in that manner. Said she received one phone call ¡¡-om a resident referred from the Pastor of the church; she was called and no response was received. Vice Chair Wong: Asked staff if there was a requirement for two community meetings; and if the noticing procedure was for 300 feet or 500 feet coverage. If the first meeting, the community was not available to attend it, would it be appropriate for the applicant to have a second meeting. Some neighbors felt they were rushed into this. Did staff receive any concerns after the notice? Mr. Chao: Said the community meetings are voluntary on the part of the applicant, although staff encourages at least one community meeting. It is standard practice to mail out to the neighbors within 500 feet of the proposed project. If there were a lot of neighbors that were not available or not able to attend, staff usually suggests the applicant have another meeting. The decision is up to the applicant whether or not to have another meeting. Said there were some phone calls regarding concerns that some of the neighbors may not have received notifications of the meetings. Some neighbors expressed concems about the safety issues also. Vice Chair Wong: Said a denial was recommended for the last applicant. Where is the list of things the Planning Commission can look if that route is chosen? Asked why the previous application was denied. Mr. Chao: Said if the Planning Commission chooses to go that route, they must make findings that there is something with the design or appropriateness of the site according to the Wireless Master Plan; they cannot deny the application if the facility meets the federal standards in terms of health risk or RF emission exposure levels; it would have to be from a design perspective, a siting perspective. The previous application located at Tin Tin Market was denied because the proposed simulated tree pole was out of place, and visually it would create a negative impact in the neighborhood; therefore the application was denied. I j-ll Planning Commission Minutes 5 July 12, 2004 Vice Chair Wong: Said the applicant mentioned there was a list of 10 sites that the applicant tried to approach and for various reasons, he felt that they did a good job, but also they mentioned Jollyman Park and Monta Vista High School. Said at one point he was considering Jollyman Park, the Sports Center or a city facility. Could they be accommodated since there is a budgetary concern; perhaps it is a way to rent space toward telecommunication facilities. Is there any particular site for future applicants or this particular applicant that we can find, and why not Jollyman Park? Mr. Chao: As previously mentioned by the applicant, there isn't any existing utility facility high enough around Jollyman Park to locate an antenna that reaches the coverage objectives of the applicant. For yOur information, we have come across another carrier, Pac Bell, regarding potential antenna locating at Jollyman Park, but because the rent demands from our Parks and Recreation Department were higher than market value, they could not afford to locate their facility in Jollyman Park. Vice Chair Wong: Why not have it identified at Highway 85. Ms. Steel: The question of why a new pole along Highway 85 came up at the community meeting. There were two candidates investigated along the highway; Highway 85 at South Stelling Road was identified as a possible candidate, but there were no existing tall structures at the site and no utility. Also we would not meet our RF coverage objectives as the site was too far to the south of the search ring. The second candidate was also along Highway 85 at McClellan; unfortunately a previous carrier was recently rejected by CalTrans in getting a lease application; Sprint was unable to find a willing landlord there. Relative to the noise from the cabinet; she read an excerpt from a report: the background noise was at least 10 decibels below'the measured noise as indicated, therefore the product is in compliance with the specification acoustical noise suppression. Com. Miller: Was consideration given to the possibility of creating an artificial tree at Jollyman Park? Was there an economic reason why an artificial tree was not considered? Ms. Steel: Because there were no existing vertical structures and there was already one at the church that complied, it was recommended by the Master Plan, and they chose the church. Me! Douglas, Sprint, RF Engineer: Said they looked at Jollyman Park and it was found that in order to meet the coverage objectives, it would have to be a much taller structure in the form of a tree pole, to build something there. The antennas would have to be taller than the existing trees to give clearance to the signal. Com. Miller: There were two other sites, DeAnza College and the site near the comer of Bubb and McClellan formerly Measurex offices; were the property owners contacted? tJ>'7.:L Planning Commission Minutes 6 July 12, 2004 Mr. Douglas: DeAnza College; that is outside the search ring area that we were trying to cover; the other site is also pushing a little bit off center out of the search ring, too far out. Mr. Piasecki: Asked the applicant's engineer if the RFs from a tree pole at Jollyman would be significantly different than the RFs from the cross pole at the church. Mr. Douglas: . They would be about the same; the only difference would be the overall height of the tre~ pole in the park would have to be taller than the existing one. Mr. Piasecki: Asked the applicant to focus on the issue of federal pre-emption of this area, some people have the impression that we can wave a magic wand and RFs will go away, when in fact we are pre- empted for the very reason that these are not popular things to locate anywhere because of the fears ofRFs. Also, this is a 1000 watt facility, if this was a tree pole, what would the wattage have to be to get coverage; but also the RFs that come from this facility vs. the RFs from your television, your cell phone when you are using it; all the other appliances that surround us daily; asked the applicant to cornment. Bill Hemmett, registered professional engineer: Said that a regular part of his firm's practice is the calculation and measurement of RF exposure conditions; hired by radio and TV stations, and by carriers such as Sprint, by cities and counties, and by neighbors. As engineers, their role is to evaluate what are the exposure conditions and compare them against the standards. Responded to the following issues raised: Pre-emption is the text of the act of congress which said "no state or local government or instrumentality thereof may regulate the placement, construction or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the standards." The FCC in response to this adopted standards and in the report on this proposal, when we say that it is .19%, 500 times below the standard, that is what we are referring to, a standard that was adopted at the behest of congress. Comparisons with cell phones: Cell phones will emit, depending on the phone and model, levels comparable to the standard, approaching the standard; the highest level any place for this facility calculated would be 500 times below and that is a conservative figure; with actual measurements, it was lower. Conditions inside a home: we do a lot of measurements inside homes, apartments, a lot of places have these kind of facilities mounted on them and we often go inside apartments very near antennas. A meter is given to the resident to walk around the home and measure a variety of locations. When they are done, I always say do you have a microwave oven; put something in the microwave, put it on, vastly higher levels for the microwave oven, still compliant with the standards, but it is a very graphic qualitative distinction for people to make; the exposure levels from a bay station are very low ambient levels compared to the concentrated levels from radio frequency devices. I)-I) Planning Commission Minutes 7 July 12,2004 TV sets generally don't emit radio frequency energy; sometimes fluorescent lights will be emitters, they will use radio frequency devices to trigger the fluorescents. There are many devices, baby monitors, consumer electronics use radio frequency energy. Mr. Piasecki: Could you address if these facilities are running 24 hours a day and emitting 11500'h of the federal standard, would the longevity of that impact change any of the federal standards or change in light of what all the other frequencies that we are feeling. Mr. Hemmett: The standards are based on decades of research; in a variety of situations, it may be ecological research of watching populations over longer period of time, research that is done in labs, research in animals over several generations all of those have shown in the opinion of the people who set the standards that it is threshold occurrence, that when you are in a field of certain level or higher you can start to see effects. Those may be behavioral effects, reversible effects, but it is a threshold; exposures below that level show there are no effects. The safety standards are shown with a 50 times safety factor in it; when I say we are 500 times below the standard, the standard itself it set 50 times below that threshold level, and the standards are intended to cover populations of all times, young, old, healthy, infirm, for exposures 24 hours a day, 7 days a week, continuously. Mr. Piasecki: Asked why the federal govemment would pre-empt local authority in this area. Mr. Hemmett: As a professional engineer, it is a legal or political question. Noted that at the time the FCC again at the behest of congress was assigning blocks of frequencies for this service that they wanted to have available to commerce in the U.S. that was the same time at which they adopted the pre-emption, so the logical conclusion would be that this was in order to facilitate the rollout, but it is speculative. Mr. Piasecki: That is a reasonable speculation that if given an opportunity, especially when neighbors come forward with many fears about RFs, local jurisdictions as a rule would deny them; the federal standards have probably been established and local discretion pre-empted so this industry could proceed ahead, because the industry would be severely compromised if we were making the decision at the local level. Mr. Hemmett: That was the case prior to the 1996 Telecommunications Act that contained the language read; prior to that, the standards would be explained and how it was adopted, because every commission, council had to be its own decision making body on the validity of the standards. That is no longer the case. Com. Miller: . Want to clarify that the comparison between your individual cell phone and the radiation from this tower; if 1 use my cell phone five or six times a day for a total of Y, hour, how does that compare in terms of amount of radiation I would receive that day, in comparison to being exposed to this tower for a full 24 hours. (f-ll.{ Planning Commission Minutes 8 July 12, 2004 Mr. Hemmett: The standards are based for non-ionizing radiation which is radio fTequency energy; they are not based on an accumulating doses, that concept is used in ionizing radiation such as you would get with x-rays or other medical uses of very high energy; there is a band of wave lengths that our eyes are sensitive to called light, above that are ultra violet and the top of the ultra violet starts to become ionizing, those waves have enough energy to go into a molecule and break off an electron, that is called ionization. Radio frequencies are below light, below infTared; then there is the radio fTequencies; these are considered non-ionizing, so the research tells us the science tells us it is not a cumulating effect the way it is in ionizing radiation; so long as it meets the standards, time is not an issue. Com. Miller: The cell phone gives basically 500 times the radiation that this tower will give. Mr. Hemmett: Said it was a typical number; in the studies done and the studies that get the press, they are talking about the use of a handset rather than a placement of the towers. Chair Saadati: Would the RF change with time as the equipment gets older? Mr. Hemmett: It shouldn't; the units are not variable; they are put in and they run, said he knew of no circumstance under which that would occur; that might be a maintenance question but studies are based on the maximum condition. The carrier may chose not to run it at maximum, but studies are based to be conservative on the maximum capability. Vice Chair Wong: So the federal government says that we can't deny it as long as it meets the standard, but what about location. Com. Miller mentioned some locations; what about the retail area along DeAnza, as long as it is within that circle; I think Jollyman Park is a good idea if the neighborhood community wants it; you can put an artificial tree not too closely where some dense trees are, could that work as long as they are within the circle of your applicant. They don't necessarily have to chose this particular location as long as they are within the circle; it just meets RF standards Mr. Hemmett: The question of siting within their search ring would be a question for Sprint. Interpreted the question to be, "would antennas on the tree pole comply with the standard?" Said there was no reason why they couldn't. Com. Miller: Some of the concerns of the community relate to the exposure that their children are receiving, and in terms of the standard, was it done on adults, or was it done on children. Can you address that issue? ()-l) Planning Commission Minutes 9 July 12, 2004 Mr. Hemmett: Much of the research was done on populations of varying age, much research was done on generations; part of the reason the standard has such a large safety factor in it is precisely to make it applicable to the young as well as the adult population. Mr. Piasecki: He has yet to talk about how the RF declines with the distance from the source; we talked about the 1/500'h but what happens at ground level, right underneath it, what happens when you are standing on Stelling, what if you are in the midd1e of the play area at Jollyman Park, do you have a sense of that? Mr. Hemmett: Science tells us and observation at hundreds of sites tells us that the energy drops off as the square of the distance. Chair Saadati opened the meeting for public comment. Judy O'Brien, Orline Court: Opposed to project. Have had some community meetings within the homes. Addressed the small number of residents at the June 22"d community meeting. Felt the notification was confusing; nothing said they were looking at 1000 watts radiation communication tower; only that one was coming and there would be a meeting the next week. Said it was an inconvenient time to hold meeting because of graduations, end of school year, starting of the summer. Understood that Sprint has been discussing the location with the church for over a year and neighbors were not informed until the applicant sent notification three weeks ago. Neighbors don't feel they have had ample time to respond and signed a petition. Neighbors are concerned that one property owner, the church, can agree to the location; property owners feel they are being held hostage that one property owner can make the decision about the location. Another concem is that the church was also concemed about the radiation levels in the beginning; and after reading the documentation supplied by Sprint, made the informed decision to move forward with the location of the antenna. Said she was concerned although she did not return Ms. Steel's phone call. Paul Cheng, Dumas Drive: Opposed to project. Said he would speak also on behalf of Pinky Lee and Anthony Wong. Said he was requesting denial of the permit because he felt it was a public nuisance. Presented petition signed by 134 residents for the record. Major concerns are health, stealth antenna, impact on property, appearance, debt issue, money, .and moral issues. Health: According to Sprint group, proposed antenna and equipment uses a maximum of 1,000 watts of effective radiation. We believe that although the antenna meets all FCC standards today, which are only a guideline; it has the potential to cause injury to the human body, particularly children. The FCC may be able to make such a claim today, but there is no guarantee they will be able to guarantee such a claim until a formal study on the effects of radiation has been fully completed. There are numerous studies underway currently; some of which are listed on petition letter and some of them will be discussed letter by other citizens. !)-Î~ Planning Commission Minutes 10 July 12, 2004 But tonight I want to bring to your attention about the facts that currently, there are about 2,000 such pending cases in Europe alone, but closer to our hearts, in our neighborhood there is a example of the horrific effects of electrical wave on human body. There is a very well liked couple who has been living in our neighborhood since 1961, the lady has been diagnosed with electrical sensitivity syndrome, she cannot expose herself to electrical appliances such as microwave over an extended period of time; she sleeps in her garage every night; the couple is here tonight and will talk about the pains they have to go through and this situation cannot be taken lightly. If her health deteriorates after the installation of this antenna, there may be long term liabilities and legal consequences to the city. 1 personally don't think we can ask the couple to leave our community because of this problem, since they have been living here for over 40 years. Another example we face daily is x-rays which we go through once or tWice a year; but with the installation of this antenna, we may be exposed to the radiation 24 hours a day, 7 days a week and I wish somebody could tell me the cumulative effect ofradiation. Stealth antenna: we have concems about a potentially dangerous antenna, which is disguised under the umbrella of a Christian crucifix. The impact on property, we believe it is a seller's nightmare; if the antenna is installed, any sellers of property may have to disclose there is a potentially dangerous antenna hidden somewhere maybe as close as 300 feet from your property. The appearance is not clear to us, how big is the antenna, what is the diameter of the dish, the tower, it could be a huge eyesore. Asked why they were bringing back a dead issue. The Planning Commission unanimously voted down a similar installation in the Tin Tin Market, and said they did not understand why they are trying to sell it as a different idea with a crucifix to a different group of citizens. The money or moral issue: While we in a church congregation may be suffering by this installation, the non profit seems to be the only one who profits. Respectfully requested the city to consider other residential locations. Said it did not pay, and was not fair for all of them to give up their lives, and their enjoyment of Jollyman Park to risk their children's health for this installation. Com. Miller: Asked Mr. Cheng what he would consider a safe distance to locate the antenna. Noted that the applicant had a consultant to determine the safe location of the antenna. Mr. Cheng: Said he would have a consultant study where the safe distance would be and paid for by him, not the applicant. Said he would prefer the antenna not be located in his neighborhood. Ervin Cantwell, Huntridge Lane: Opposed to project. Said he visited a location where there was an artificial tree used for an antenna location, and it resembled a beautiful tree. Questioned whether it was possible to have one go up to 55 feet. Resides about 100 feet from the church. Said that because of his wife's illness of electrical sensitivities, they wanted to go on record opposing the installation of the antenna as it could affect not only her health, but others in a negative way. Although Sprint has stated there would be no significant change in the amount of exposure to individuals, how can they be sure; it is a comparatively new technology, no one knows what the long term effects will be and additionally there are already antennas in the Cupertino area. {j-Îl Planning Commission Minutes 11 July 12,2004 To put an antenna in a neighborhood next to a heavily used park on one side and residences on three sides, seems inconceivable, as is the decision of the church to allow this antenna to be installed on church property where many people gather daily. If this installation is allowed to proceed, there is no more they can do to their home of 43 years to make it livable for Mrs. Cantwell; there is no computer, no microwaves and no cable tv. The circuit breaker to the 220 oven is turned off, never used; the retiigerator is unplugged when she is in the house; and they sleep in the garage and have been since 1994. Stated for the record that they sincerely hope that the Planning Commission will take the above-mentioned matters in consideration in making their decision. Robert Simon, De Foe Drive: Opposed to project. Proposed the Bubb and McClellan site be considered rather than the church location, since it is not a heavily residential area and obviates the need for controversy. Hengfu Hsu, Hnntridge Lane: Opposed to project. Has two small children that use Jollyman Park as a playground. There are numerous studies clearly showing that EMF damage from cell phones and transmission towers can happen to children and teenagers; said he was concerned about the proposal of bringing cell phone antennas into the residential neighborhood and next to the busy playground. Los Angeles Unified School Board in June 2000 passed a resolution opposing the future placement of mobile phone communication towers on or adjacent to school property because of the potential health effects. A parent advisory committee in British Columbia, Canada also passed a resolution banning antennas in residential areas. Quoted several articles in reports and magazines that discussed health effects on adolescents and children. Said he did not want children and grandchildren to become the radiation guinea pigs for cell phone antennas. Daniel Lee, Jollyman Lane: Opposed to project. Said he felt to put an antenna on the church cross desecrated the holiness which the church stands for. Resides next to the church, and does not feel comfortable with the antenna beaming down on his home 24 hours a day, which negatively affects their quality of life. Asked for support to deny the application for the installation of the antenna. Rex Tsou, Jollyman Lane: Opposed to project. Has resided in Cupertino 17 years. Before receiving the notification recently, had no idea about the application for the antenna which has been going on for about a year. Said it was unacceptable that the antenna would be installed only 200 feet from his home. Questioned whether the applicant or the church has made a full disclosure to the neighbors, the church attendees and the people using Jollyman Park. (j-~r Planning Commission Minutes 12 July 12,2004 Said he felt the disguised antenna on the cross that may be harmful to people, even though the applicant is arguing the level is acceptable; they are only guidelines and who can guarantee them. Devalues the property and puts negative psychological impact on people in the neighborhood and city of Cupertino. Urged the applicant and the church to withdraw the application. Said "Shame on you" to the applicant and church if they insist on moving forward with the application. Urged the Planning Commission to deny the application. Dr. Katz, Huntridge Lane: Opposed to project. Said she was a medical doctor, board certified in occupational and environmental health; doctor at Lawrence Livermore Lab; and assistant professor at Stanford Medical Center. Said that the notice of the meeting was short notice. Lives next door to Ervin and Elaine Cantwell and has treated Ms. Cantwell for seizure disorder numerous times. The neighbors want the Cantwells to remain in the neighborhood and the project would increase Mrs. Cantwell's risk of seizures. The June 22"d notification was not received by many, including herself. Said that she respected Mr. Hemmett's professional opinion, but deferred on some of his comments. The study on radiation exposure and studies on RF exposure are inconclusive; we cannot say with 100% assurance that this is causing a problem or not causing a problem, in order for something to be conclusive, we need to do a double blind study, which means expose two similar individuals and one would be exposed and one would not. Since there is suggestive evidence that this is causing cancer, and specifically leukemia in young children, no physician with the right frame of mind, would do a double blind study. She said that she stays away from radiation ÍÌ'equencies, even though she is a doctor for Lawrence Livermore Labs; she uses a cell phone headset. Studies are coming out about brain tumors ÍÌ'om cell phones; we know about radiation exposure to magnetic fields, we know how Mrs. Cantwell responded to it. She urged the Planning Commission not to pass this antenna, hot in a residential area, and definitely not in our neighborhood. Cupertino has quite a few areas, it might be a little more costly, but I would like you to pursue it, because we are all voting citizens here and as a voting citizen living 15 years next door to Mr. and Mrs. Cantwell, I can guarantee this will effect our city, our voting, and I am willing to sign a petition that none of us will have Sprint cell phones if this will pass. Charles Shih, DeFoe Drive: Opposed to project. Said the proposed antenna was too close to children, many children and families use Jollyman Park. Urged that a 1000 watt radiation emitting device not be installed so close to the children. Chris Cheng, no address given: Said he was confused how Sprint could claim decades of research on radiation, if cell phones have only been used for about 15 years. No one really knows what the effects are. ()~ì'1 Planning Commission Minutes 13 July 12, 2004 Said his father informed him that the Tin Tin Market proposal was denied because it was ugly; but he felt the present project was similar to that proposal; even though there is an existing structure, they are going to build another taller structure that is increased by over 20%; the proposed structure is uglier than the Tin Tin Market. Tso-Yee Hsu, DeFoe Drive: Contacted neighbors on Dumas Drive last week, visited 29 homes and was able to contact 22 residents; 21 of the residents, representing 96% of the people contacted, were all outraged by the project; none of them were aware of the proposal. Due to the short notice, some of them could not attend this meeting. Said he hoped it would be taken into consideration. Dawn Teuthorn, Pastor of Redeemer Lutheran Church: In favor of project. Said she appreciated the community response. Said she was disturbed ÍÌ'om what she heard. She was not aware of any negative comments until Friday, and thanked Judy O'Brien who called her. The church feeds seniors throughout the year and provides a school program for children and their first concern is safety and health. Said it was her understanding that it is a part of a master plan and it was a need to meet the community's demands and requests. Whether or not we will continue to be a people of faith and a people for the community, we honor the decision that has to be made tonight and all the different things that bind us, we opened our doors for the community for this meeting and it is our understanding that people 500 feet all understood and people have been responding as best we can to the calls once we first got them; I really have only received three calls and it was just this weekend. We have done what we can; Said she feared for the people who are on the site, not because of the antenna, but because of how fear is running rampant and seniors today were put into a state of great fear because of misinformation and that saddens my heart; they matter to me and they matter to us as a community. We will continue to open our doors to the community, the money, any that is given or received is for the community; the people I serve are an honor to serve, and I hope you get to know them. The church was trying to be a good citizen by supporting the City's telecommunications master plan. Roger Peng, Orline Court: Said he would would not like to see this event continue to evolve and cause the church to lose more face and trust ÍÌ'om the community and neighbors. Many people have been talking about scientific approach and evidence, what is the impact to the health and safety; he said he was looking at it from a different perspective, because scientific approach has not been conclusive yet. All those present have a common concern; fear and perception of this psychological effect on our safety and our health and it is something that can be as harmful as the physical impact to our health. Felt hurt when the nuisance was put on the church, a face of God. Urged the Planning Commission to deny the application. Ghen-Dung Chen, Jollyman Lane: Opposed to project. ( ) -!ó . ~_._~-~.- .---~--- '-----~--'-~~- Planning Commission Minutes 14 July 12, 2004 Resides about 200 from the proposed church site. Said that not enough residents received notice of the June 22'd meeting. Questioned how much Sprint would pay the church for the installation for the antenna. We have Sprint PCS service for over 5 years; are near the center of the proposed site and were not sure the proposed tower is necessary. They are happy with their service and don't think they need the new tower to improve its coverage. Sherman Wong, Dnmas Drive: Opposed to project. Said they did not receive a notice either. Said in addition to the excellent points raised, he was 19 years old and has lived much of his life in Cupertino and is an avid user of Jollyman Park. Expressed concern about the safety of the crosswalk with the large cross as a distraction to the traffic. Amy Yang, Red Fir Court: Opposed to project. Said that she agreed with previous speakers. Resides across the street from the church and did not receive a notice. Said that she had no faith in what Sprint said at the meeting. Urged denial of the application. Edward Yo, Huntridge Lane: Opposed to project. Said he was a mechanical engineer and works with company that builds satellites which test at a lower wattage than the proposed antenna. Expressed concem that RF is not a safe thing. Scott Hughes, Huntridge Lane: Opposed to project. Since the improved coverage objectives seems so difficult to achieve without this location, I think you might want to consider that the objective might be unreasonably large; maybe this location was chosen only for a lowest cost solution. Because of that, the applicant may not have explored the altemate sites thoroughly enough; such as the overpass at McClellan, Bubb and McClellan, and a new building at south side of DeAnza which is of significant height. The height increase is significant; there is no other structure in the residential area of that height. The crosswalk is a major issue with speeders and people that don't stop; do not need additional concems in this area. Asked how many existing structures were in city parks today? Is placing wireless antennas in city parks a precedent that the city wishes to set? If the antenna is approved, and future studies reveal stronger evidence of health issues, how would the city perceive that? What protection would the residents be offered to know that in the future if FCC allows increased power, there won't be increased wattage out ofthe antenna? It is dangerous to proceed for this location so quickly. Recommend pursuing alternate locations more thoroughly. (J-fi Planning Commission Minutes 15 July 12,2004 Chair Saadati closed the public comment portion of the meeting. Chair Saadati asked that Ms. Steel respond to: Reference of the Los Angeles Unified School District ban in 2000. Dr. Katz's remarks on Mrs. Cantwell's health problems, and would the antenna have an effect on her health. Clarify how much research has gone into the issue. . Asked staff to respond to the process for notification of the neighbors; several indicated they did not get notification. Mr. Piasecki: The list that the applicant utilizes for the meeting notification, which is voluntary on their part to hold neighborhood meetings; was a list of residents within a 500 foot radius which the Planning Department also used for their notice, and the residents received their notice. Said he did not know if a second meeting would have been beneficial. Ms. Eileen Mnrray, Assistant City Attorney: Said that the 1996 Telecommunications Act specifies that one cannot regulate based on health issues, fear of cancer, those sorts of things. Cities according to the Act, can regulate the use of their public rights of way, streets, public properties, as far as telecommunications; but it is almost like time, place and manner of things, and not content; relating to free speech. Because the whole field is preempted by the FCC, and they set up the regulations on the emissions, safety, but where the antennas are, this is something the city can dictate. There are legal cases now where telecommunications companies are fighting that based on interference with their ability to carry on business if we are too restrictive; it is a fine line here and mainly the ability is to regulate public use of the streets. Com. Miller: It is in the proximity to a well used park; is that within the purview of the city to regulate uses in a public area such as that? Ms. Murray: Said it was within the purview of the city to regulate it, but you have to make certain findings and they cannot be based on health issues, and electric magnetic field exposures because that is not a proven field, and it is in your purview if you make appropriate findings: Appropriate findings in the last case could have been the tree antenna or inappropriateness of the height. Vice Chair Wong: Relative to time, place and manner, could you further it, in that we can make findings in regards to that, specifically when you are talking about time, place and manner. What about location; is it within the purview ofthe Planning Commission? Ms. Murray: Said that time, place and manner is criteria for how we regulate speech issues and there are certain things we can regulate within the city, which would be the use of a street, how it is done, who can if it were a fiber optic cable, when someone can dig up the street and where equipment can be placed as far as safety issues; that sort of thing. But most of the arguments { f -r J- Planning Commission Minutes 16 July 12, 2004 we have heard tonight are based on health, fear of health issues and there isn't any conclusive proof one way or another, and you cannot regulate based on that criteria. Yes, location is within the purview of the Planning Commission. Mr. Piasecki: Asked about flexibility in terms of locating wireless antennas, do they have the ability to locate two 500 watt facilities that would have lower frequencies or three 333 watt facilities. Ms. Steel: Regarding the noticing of 500 foot radius, notices were sent out to all neighbors within a 500 foot radius, from a list issued by the city staff. Not sure why certain neighbors did not receive notification. A two week notification period prior to a community meeting is a standard time frame for these kinds of applications. It was surprising to have so many people turn out tonight as there was only one phone call previously. Regarding the design, the structure will be painted to match the surrounding buildings; the actual tripod part, the base of the structure existing and the center part would be painted the same beige brown color to match the surrounding buildings, and it is difficult to distinguish on this photo, but the actual cross which we tried to enhance because the cross is actually very minimalist on the original design, we tried to enhance that and it will be a darker brown to accentuate the cross on this particular modified tower. Worked with staff on design, went through at least three design modifications to reach this final one, which does meet all the city and government requirements and we believe is more visually aesthetic than the original. Regarding property values, there is no conclusive study in place, no evidence to substantiate that property values will decrease in any manner. Two main altematives are Jollyman Park and Bubb and McClellan Roads. Jollyman Park as stated previously, would need a 65 foot high new monopine or monopole structure which does not comply with the master plan, which recommends strongly that we find an existing structure to locate on. It appears that at least 30% or 40% of the neighbors present do not wish us to locate at Jollyman Park either. We would need that particular height to meet our RF coverage objectives so that the signal could shoot through the other trees as stated by the RF engineer. Regarding the second alternative mentioned at Bubb and McClellan, around that area all the buildings are very low and it is very far to the west of the coverage objective; it seems that area would cover mostly the freeway and that is not the main coverage objective for this particular site; the main coverage objective is to get the residential areas in between the two freeways, in response to calls and letters from dissatisfied customers and are trying to meet those demands. Said they were not building a site just for the sake of it; but proposing to build a site to satisfy the demands of the customers who contact them and tell them their service is not adequate. Regarding the question about locating on school properties, she cited school sites in Palo Alto School District, Sequoia Union High School District in Redwood City, Mountain View Whisman School District, Monterey Peninsula Unified School District, and Foothill College. Noted for the record that not only Sprint PCS but all of the other carriers do locate on churches of different denominations; it is one of the preferential locations according to the city ordinances because it is a public facility and in this case again, they met all their requirements because there is an existing structure there. Asked that the Planning Commissioners support staffs recommendation. I ) -¡-J Planning Commission Minutes 17 July 12,2004 Said that not all the sites were discussed. but there is a list of 10 altemative sites submitted, and for us to have a viable candidate, we do need to meet the four criteria and all of the other sites considered and the ones raised this evening, they do not meet one of those four requirements, whether an RF coverage objective, city ordinance, or willing landlord or constructability. We feel this is a great site; we want to be a friend to the neighbors, we want to improve coverage to the residents of Cupertino; and we ask that you approve this proj ect. Com. Giefer: One of the residents said that the FCC standard is actually a guideline, can you comment on that . Mr. Hemmett: Said it was a guideline, which means that there may be other ways to comply with their limits; for instance, the obligation on all FCC licensees is to limit human exposure to radio frequency energy; and if you meet their guideline levels, you are presumed to comply. The guideline isn't meant to say that it could be tighter, what it is meant to say is that there may be other ways in which you could be exposed in higher fields. '. A 1000 watts is not a lot of power; we work routinely around millions of watts for our TV station clients; I have on my property closer to my house than this would be to any other home 2-1/2 kilowatts of power for an FM station broadcasting from my property; Mr. Shui mentioned intemational standards, specifically the WHO standard, this proposal would meet that WHO standard. Mr. Cheng questioned whether there were really decades of research on this; and said in looking through the actual standard, there were hundreds of studies listed in the back, many dating from the 70s, 30 years of published research in the field. Dr. Katz suggested that the studies are not conclusive and indeed you can't always prove a negative. Read two conclusive sentences from the standards; Mr. Yui mentioned occupational settings in his work at the satellite company; we have done a lot of work in manufacturing processes that use RF heaters to weld vinyl, our expertise extends into those areas as well; Mr. Hughes asked if the FCC should change its standards; Sprint as an FCC licensee is always obligated to comply with the FCC standards; if they change their standards whether you take any action or not, they are required to comply with those standards. Mr. Peng who spoke earlier and could not identity any distance at which he would feel safe, I would note that any professional engineer is going to come up with the same answer; it doesn't answer who is paying the bill; the answers are going to be the same from the engineering aspect as to whether or not it complies with the standards. Relative to Mr. Piasecki's question about two 500 watt, three 333 watt, he said from an engineering standpoint it has been the natural growth of the industry which used to have a few tall antennas to cover large areas; as they have had to reuse the frequencies more and more, they end up with lower antennas closer to the areas they want to serve; in this case they are serving about one half mile around. As they come down in height, they may come down in power, but you are getting closer. From earlier remarks, that distance was the most important factor; so it is not necessarily the case that multiple sites of half or third power would have lower impact, it would have to be studied depending on the particulars proposed, but it is not necessarily going to be the case that the exposure levels would be lower. Com. Giefer: It was brought up that when the residents nearby sold their homes, they would need to disclose the fact that they are living near an antenna; can that be confirmed. (') -{If Planning Commission Minutes 18 July 12,2004 Com. Miller: Said there is no required disclosure on cell phone antennas at this time. (Noted that Com. Miller is a realtor and deals with this on a daily basis). Vice Chair Wong: Asked applicant if they considered having two 500 watt towers; and is that in the wireless facilities master plan? Has Home Depot or anything along DeAnza Boulevard been considered, since it is within the circle of sphere. Randall Schwabacker, site acquisition for Sprint PCS: Said that the Home Depot site was closer to another site and would not work for their purposes; the height of buildings and other guidelines was not a consideration. . A very extensive search of the whole area is done and the small area called the search ring and there is a search area that is larger; the search area is in the circle, the search ring is much smaller and we try to find something because that will generally offer the best coverage from computer models. We have gone way outside, we gone up Stevens Creek Boulevard, we look all over, but there are a number of other sites and we have many criteria; it is quite a puzzle to put together because the network is called cellular because these fit together like a honeycomb, they are cells and so each one relates to another one, and it is difficult to just quickly say there is a better site over here because it may impact other sites the way the whole network works; so it is a complex network. . The height of buildings and other guidelines was not a consideration; we submitted an extensive list of those that would potentially work when we first go out and look, would work and then we do computer models and look at. other factors such as trees, heights of buildings and most significant is the planning, our process is guided mostly by the planning that we can meet your requirements. . Said the requirements are the most strict after the RF, after we get what we need to make the network work, the planning is the most difficult; and we look at parks, churches, at places, and various carriers and Sprint in particular locate on churches; almost primarily it is the preferred place in a residential area to locate a site because it is meets almost all planning requirements. Parks: some cities like us to go on their parks; we looked at Jollyman and it was a consideration, but there are a number of factors that made the Redeemer Church fit; it fit better into the guidelines of your Planning Commission, staff concurred and that was the preference. In response to the first question, the 500 watts; the network is designed in certain ways and it is an RF consideration that we are given the parameters from which to work and 1 cannot speak to the technical reasons, but the system is not designed to have two in the place of one; there are circumstances where it might be preferable, but it is a technological issue. Vice Chair Wong: Asked if a higher building such as on the comer of DeAnza and Stevens Creek, and if you got permission trom a landlord, would that reach YOur target area? In other jurisdictions and cities, when you locate these towers in neighborhoods, do you also encounter these types of problems trom neighbors? Mr. Schwabacker: No it would not; we had looked and it causes trouble with other sites. We have quite a few criteria. lJ-ð) Planning Commission Minutes 19 July 12, 2004 Said that health was the largest concern; occasionally it is aesthetics and usually a question of whether it is a steel pole or whether it becomes a tree pole. Any time we can make a site like this one where actually people driving by would never know it is a cell site, that it is contained within a cross structure, we have them on Buddhist temples, Catholic churches; that is the preferred, because the public would never recognize it and planning commissions do have the power to regulate these based on aesthetics and that has been throughout not only the Bay Area, but California and across the country. Planning commissions generally prefer if you can hide the antennas within a structure behind something, over a new tree. We felt this was a great project for the city; met all the requirements and hope that you agree. Sun Hu Yung, Sprint RF engineers: Relative to splitting the cell site, every cell site is designed with the same specification, it will always have the same set of antennas, same set of base station equipment, regardless whether it is 100 feet tall or 20 feet low, and in the case of splitting the cell site, you have the same power density but twice the swat. You would need to increase the power to make sure that you are covering the same area but twice as much in the same area effectively. Corn. Miller: It is unfortunate that the applicant did not meet with the residents or spend more time attempting to meet with the residents in advance; I am not sure we would have had a different outcome, but if part of the reason people tend to get upset is because they don't think they are being properly noticed and they don't think they are being heard properly, that is why we get a large group of concerned people coming out to the meeting if they haven't had a chance to talk to the applicant in a reasonable amount of time and discuss the issues openly. Said he was concemed for whatever reasons the placement of this cell site would have some negative impacts on the neighborhood, in terms of its uses of the park, uses of the church. It is a stretch that someone brought up the issue that it could impact real estate values and there are no required disclosures today, but the rules do state that you are expected to disclose anything that might impact the value of the home, and if people were not buying homes close to cell sites, then that in theory could be something that would impact the value of the home. If I look at the regulations or policy for the master plan, policy 5.2, says only unobtrusive personal wireless service facilities shall be considered in residential neighborhoods, and policy 6.1 says personal wireless service facilities shall be cited to avoid visual intrusion impacts as viewed from the right of way and from residential neighborhood, and 6.2 says personal wireless service facilities shall be appropriately scaled to fit harmoniously with the surrounding elements of the site and the neighborhood. I don't believe the proposal meets those guidelines at this time; I think that in terms of the mass and height, they are out of place with the surroundings and would be considered obtrusive. Com. Giefer: It is a very difficult application to rule on; it is a very emotional issue; a large residential population has expressed their primary concern to be health, although it is an issue we cannot rule on based on the federal guidelines; said she was not comfortable ruling in favor based on the emotional plea of potential health risks, and understood and is sympathetic with the residents. Said the applicant has met the conditions in the Wireless Facilities Master Plan; and does not find that aesthetically inappropriate for the area. Suggested that the applicant paint the equipment cabinet to match the church buildings instead ofleaving it a utilitarian gray. Supports the application. [) -J"~ Planning Commission Minutes 20 July 12,2004 Vice Chair Wong: Thanked the community for attending the meeting and sharing their concerns for their community. Can also understand where Sprint is coming from; they are looking at four different things; they want to meet an area coverage where Cupertino community with Sprint wants coverage; it does comply with the law; it is feasible and the hardest part is finding a willing landlord. The other concern is that regarding the safety and fear factor; the attorney has already answered that question about the fear factor and there is a federal statute regarding telecommunications. "' Said another concern is in the Wireless Facilities Master Plan that Com. Miller presented, regarding design aesthetics; even though when it was first presented, staff said it should not be on a flagpole out of respect for the flag; when it was presented to us to put it on a church cross, Buddhist temple, Jewish or Muslim temple, he said he did not think of it thoroughly, but seeing the picture feels it is disrespectful to the cross. Said he had respect for the church coming out here; they provide good community services for both seniors and children, but putting the antenna on a tower with the holy cross really bothered him and he was not comfortable doing it. Said his not voting for the project was based mainly on aesthetics; he does not feel you go from a 45 foot to a 55 foot and also the policy that Com. Miller raised. Chair Saadati: Said notification was a voluntary procedure and said they should work on that to see if we can require people send notifications because it does help to notify the public as much as possible, and inform them as early as possible; not that it would have an impact on the outcome or concerns that may be raised by the residents of Cupertino, but 1 think we need to extend as much courtesy as possible to inform people. This is a tough one; federal regulations, I am an engineer, and based on the data I have read, I cannot find anything that tells me this is affecting anybody's health; assuming the data is correct. I haven't seen anything else to the contrary. I know the demand for cell phones keeps going up and every family and child has a cell phone; maybe in 20 years the outcome would be different. Based on that, the city attomey clarified, we cannot rule based on the potential of health safety issues. As far as aesthetics, it is different than the original cross structure, but when you look at this photo, you have a street pole, the tree is taller than the cross, the diameter is much larger, and we tumed down an application at Tin Tin Market because it did not blend in with the neighborhood. There was much stronger justification; it was an artificial tree and was the only artificial tree there. As much as I appreciate the people coming here and speaking and expressing concern, I have a difficult time to go against this, because aesthetically I do not see a structure that is off place; I tried to convince myself that it doesn't fit; it is not that obvious. It appears that there is going to be a tie vote; one option would be to continue the item and send it back for Sprint to go back and communicate with the neighbors, look at the items, and the other option is to go to City Council and the City Council will make a final decision, depending on the outcome of the vote. [f-?ì Planning Commission Minutes 21 July 12, 2004 Vice Chair Wong: Said that the applicant had said they talked a lot with staff and worked closely with staff planners to get an item that is pleasable to the criteria that you wanted; they also wanted to try to meet the master plan at the city level as well as the state and federal level. Heard from staff that even with a second or third community meeting, there is no certainty that they would please the surrounding community. Asked staff what the process was with a 2/2 vote. Said he wanted to convey to the community or any future applicant that it is very important to talk to the community and have as many meetings even though you work with the staff diligently, you need to work with the community. Mr. Piasecki: The [lIst part of your question is relating to the community; whether it is viable to have another community meeting or whether it would go onto the Council; the motion is 2/2; it fails because there is not a majority vote; the Planning Commission is faced with options: continue it until you have a fifth member which would be Com. Chen; you could find out if any of the Planning Commissioners would want to change their opinion and give a 3/1 vote; this is a final decision at the Planning Commission; it can only be appealed to the City Council depending on what your decision is. We encouraged the applicant to have another meeting; it is a voluntary procedure; they felt they wanted to move ahead of the meeting tonight; and likely did not anticipate the turnout at the meeting. You could ask the applicant if they would like a continuance so that they could hold another meeting or wait for the fifth commissioner. Motion: Motion by Vice Chair Wong, second by Com. Miller, to deny Application U-2004-08 (Vote: Corns. Miller and Wong: Aye; Corns. Giefer and Chair Saadati: No; 2-2-0) Failed. Ms. Murray said that the decision can be appealed to the City Council. Ms. Steel: Requested a continuance of the application. Said that they would have another community meeting. Noted that the applicant followed all the guidelines put forth by the city in terms of notifying the neighbors, and only five residents attended the meeting. Motion: Motion by Com. Giefer, second by Chair Saadati, to continue Application U-2004-08 to the August 23, 2004 Planning Commission meeting. Vice Chair Wong: One of the reasons 1 am so concerned about continuing this item, rather than voting No, is because we spent almost two hours talking about it, and am not sure by having another meeting that you can convince your neighbors that this will be a successful site. Based on what the city attomey says that aesthetics, location and looking at the policies is reason enough for me in my purview as a commissioner to vote the way I am. It was ironic on how the applicant says that they worked closely with staff, but we also heard they weren't working closely with the neighbors, and I am not sure after listening to an hour and a half, when we come back in a month and a halflater, will we really have changed anyone's mind in this room. You might even double this room; that is what I am concerned about. (j-rr Planning Commission Minutes 22 July 12, 2004 By continuing the discussion it will just prolong it. Chair Saadati: That is the only way to deny it; then it goes to the City Council and the City Council makes the decision. If we are in deadlock, I will change my vote and it goes to the Council and they decide. Com. Miller: Said he felt it was the best way because when will it be scheduled; I assume the applicant will appeal, and when will it go on the Council agenda. .. Ms. Wordell: They have to appeal and once they appeal that is scheduled, it is usually three weeks after they appeal. Com. Miller: Moving it onto the Council, if they chose to do so, would give them the opportunity to meet with the neighbors if they chose to do that in advance of the City Council meeting. Com. Giefer: Withdrew the motion to continue the application. Chair Saadati: Agreed to withdraw the motion. Motion: Motion by Com. Giefer, second by Chair Saadati, to approve Application U-2004-08; Vice Chair Wong: Said he wanted to appeal to his colleagues that he would rather vote No based on the reasons Com. Miller and he expressed, and state it for the record before the vote taken. (Vote: 1-3-0) Com. Giefer: Aye Corns. Miller, Wong and Chair Saadati: No Motion Failed; application denied; applicant can appeal within 14 days to City Council. A separate notice is sent ont on appeals that go to the City Council. Chair Saadati declared a recess. 3. U-2004-11 Scott Winole (Elephant Bar Restaurant) 19780 Stevens Creek Blvd. Use pennit to operate a separate bar in an approved retail building under construction (Marketplace) Planning Commission decision final unless appealed. Peter Gilli, Senior Planne , presented the staff report: Application is for se pennit to operate a separate bar in an approved retail building under construction (M etplace) on Stevens Creek and Portal. Two issues the parking and appropriateness of bar at the site. ls--r1 ()~76 Date Resolution No. Action Taken 10/6/03 03-187 City Council adoots Wireless Facilities Master Plan, File No. CP-2000-09 The cover photograph depicts antennas from five different personal service wireless facilities along State Highway 85 near Interstate Highway 280. In the foreground is a monopole with one set of antennas. There are two sets in the treepole. There is another antenna set in the background next to the lattice tower and the final set is mounted on the lattice tower. tJ-q r Acknow ledgements CITY COUNCIL Michael Chang, Mayor Sandra James, Vice Mayor Patrick Kwok Richard Lowenthal Dolly Sandoval PLANNING COMMISSION Angela Chen, Chairperson Charles Corr Marty Miller Taghi Saadati, Vice-Chairperson Gilbert Wong TELECOMMUNICATIONS COMMISSION Ernest Tsui, Chairperson Salvatore Algeri Reginald Duhe 1. T. Guttadauro, Vice-Chairperson Steve Ting David Eggleston (emeritus) STAFF David W. Knapp, City Manager Steve Piasecki, Director of Community Development Ciddy Wordell, City Planner Colin Jung, Senior Planner & Project Manager Peter Gilli, Senior Planner Ralph Qualls, Director of Public Works CONSULTANT Ted Kreines, AICP, Kreines & Kreines, Inc. - Wireless Planning Consultants I l)-9ol..- Table of Contents Chapterl. INTRODUCTION """""""""""""""""""""""" 3 Chapter 2. GOALS ............................................................ 4 Chapter 3. SUMMARY OF POLICIES ...............,.................... 5 Chapter 4. BACKGROUND ................................................ 7 Chapter 5. LOCATIONS&STRUCTURES................................. 13 Chapter 6. SITING & DESIGN ............................................... 18 Chapter 7. HEALTH & SAFETY ............................................. 27 Chapter 8. MONITORING .................................................... 30 Chapter 9. IMPLEMENTATION ............................................. 32 ChapterlO. GLOSSARY OF TERMS ........................................ 35 2 If-9 J Chapter 1, Introduction Personal wireless services were first introduced in the region in the early 1980's. The first hand-held equiprnent or cell phones were very heavy, and service was unreliable and expensive. Consumer demand was srnall, but continued to grow with continual technological innovation that reduced the size and weight of phones, and improved the reliability and coverage of communications. Increased competition from new companies entering the market have helped drive down prices, making the phones and the cost of service more affordable for the general public. Rapidconsumer acceptance and pervasive use of this communications technology in the last decade have also rneant a commensurate proliferation of the personal wireless service facilities throughout this community and the country that is often typified by the rectangular-shaped antennas mounted in clusters on buildings, poles and towers. The rapid proliferation of these facilities presents a unique challenge to Cupertino to protect community aesthetics and promote safety. Many communities throughout the United States have reacted to this proliferation of personal wireless service facility applications by amending their zoning ordinances to allow such facilities or creating new ordinances to regulate their siting and design. The City of Cupertino took the later approach in 1996 by adopting an ordinance that specifically regulated the siting and design of personal wireless service facilities. Since then new facility proposals have been reviewed on a case by case basis by the City's Planning Commission with technical expertise provided by the Telecommunications Commission. By 1999, it had become increasingly clear to these City decision makers that the long-term impact on the City's visual landscape through the growing accumulation of these facilities was not being addressed. While the community continues to embrace wireless communications, it will not do so at the cost of the community's appearance. The City Council has endorsed the preparation of a Wireless Facilities Master Plan and has provided funding for a consultant. The City has contracted with the consulting firm of Kreines and Kreines to provide technical expertise on the plan preparation. This plan, by its nature, must rely on a technical jargon that will not be easily understood by the layperson. Please refer to the glossary in the back of the docurnent for an explanation of the terms. \T-1Y Chapter 2. Goals . Protect community aesthetics and promote safety by planning for well- sited and well-designed personal wireless service facilities that fit unobtrusively in the Cupertino environment. . Guide decision makers and City staff by providing a policy framework and design guidance as they make decisions about these facilities,' Educate the general public about personal wireless service facilities and the community's design expectations in order to improve their involvement and participation in the decision making process. . Assist the wireless companies and their representatives with information that facilitates their facility deployment process, 4 1)-7 S" Chapter 3. Summary of Policies Policy 4-1: Applicants shall use the best available camouflage techniques to reduce the intrusive and obtrusive visual impacts of personal wireless service facilities to the extent possible. Policy 5-1 : Preferred locations for personal wireless service facilities are on existing buildings and structures. Policy 5-2 : Only unobtrusive personal wireless service facilities shall be considered in residential neighborhoods. Policy 5-3 : Development of unobtrusive cell sites in surrounding communities shall be encouraged. Policy 6-1 : Personal wireless service facilities should be sited to avoid visually intrusive impacts as viewed from the public right -of-way and from residential neighborhoods. Policy 6-2 : Personal wireless service facilities shall be appropriately scaled to fit harmoniously with the surrounding elements of the site and neighborhood. Policy 6-3 : Personal wireless service facilities shall be compatible with their surroundings so that their shape, size, color, material, and texture blend with their surroundings. Policy 6-4: Monopoles with co-located antennas are preferred to single user monopoles if they are less visually obtrusive than separate monopoles. Policy 7-1 : The City reserves the right to require applicants to prepare radiofrequency radiation assessments for personal wireless service facilities when the general public is in reasonably close proximity to such a facility and to determine compliance with FCC Guidelines. Policy 7-2 : The City shall require a radio frequency radiation assessment for the following types of personal wireless service facilities: . For building-mounted antennas when the building is designed for human occupancy; For antennas mounted less than 10 meters (32.8 feet) above ground level; For all co-located antennas; (The concern is for cumulative emissions exceeding the FCC Guidelines) and For residential deployment of personal wireless service facilities. . . 5 [)-7~ Policy 7-3: If a network of residential-based personal wireless service facilities is proposed, a comprehensive RFR assessment shall be done for all proposed sites. Policy 7-4: The City recognizes that it is the responsibility of the carriers to operate its personal wireless service facilities within the adopted federal radio frequency radiation exposure standards over the life of its facilities, regardless of whether the City requires the preparation of a RFR assessment or not. Policy 7-5: When mechanical ventilation, power generators or other sources of noise" are proposed in personal wireless service facilities, the City shall ascertain whether an acoustical analysis is necessary to determine compliance with the City's Noise Ordinance. Policy 8-1: All personal wireless service facilities approved by the City will be conditioned with a permit expiration date to create opportunities for the City and applicant to check maintenance, check the level of radio frequency radiation emissions, improve equipment and camouflage techniques when needed. Policy 8-2: All personal wireless service facilities approved by the City shall be conditioned with an abandonment provision providing for dismantling and removal of a facility by the company and/or property owner. 6 (J-7') Chapter 4, Background Federal Regulatory Authority Master planning for personal wireless service facilities must consider the Telecommunications Act of 1996- a broad revision of the 1934 federal statute governing telecommunications. It is irnportant at the local government level because it contains language that both preserves and limits the authority of local government to regulate personal wireless service facilities.' Section 704(a)(7)(A) states: Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. This same section (704) also sets forth the limitations of that local authority: Shall not umeasonably discriminate among providers of functionally equivalent services. Shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is filed. Shall put any decision to deny personal wireless service facilities into writing, supported by substantial evidence contained in the written record. Shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Federal Communications Commission Guidelines for such ernissions. Technology Overview Wireless communications are transmitted through the air via radio waves of various frequencies. Radiofrequency radiation is one of numerous types of electromagnetic radiation. Cellular and Enhanced Specialized Mobile Radio 7 (rj)! (ESMR) operate at frequencies between 800 and 900 rnegahertz (MHz), and Personal Communications Systems (PCS) operate at the 1900 MHz band. These three technologies function similarly in that their communications systems consist of intercormected "cell sites" or geographic areas that cover a region. In general, cell sites tend to be smaller in size and more numerous in the cities and larger in size and less numerous in rural areas. This happens because cities have more people (custorners) than rural and outlying areas. As more people demand wireless cornmunications services, wireless systems will require additional capacity to handle calls. Capacity is added when wireless companies: 1) Change technology from analog to digital, 2) Add more ce11'sites. Currently, the wireless companies are offering voice communications, paging and text messaging and are aggressively working to improve their offerings of data and video communications and wireless internet services over their wireless networks. To develop the capacity to handle this large amount of information, companies must continue to develop new technologies and undoubtedly provide more cell sites. Each cell site within the system contains a set of transmitting and receiving antermas that are mounted to the ground, building, monopole or lattice tower. All calls placed with a wireless phone are transmitted by the phone to a cell site anterma that is cormected via a land-based line to a central computer switching system. The central switch completes the call by cormecting it to a conventional phone through a land-based line or to another wireless phone through the nearest antenna. When a wireless caller or receiver of a call is mobile, the call is handed off from one cell site to another cell site as the user travels through one cell site to another. Community Issues 1. Height. A determining factor in the location, siting and design of a personal wireless service facility is the height of the antermas. The dish and yagi antennas are used for line of sight transmission, and the panel antennas propagate their radio signals directionally. The height of the antermas is important for line of sight and coverage. Buildings, hills and trees tend to attenuate signal strength when they intervene into the signal path. At some point an attenuated signal becomes so faint it carmot be used. Wireless companies often seek approval for anterma heights that are above the obstructions. Other problems may occur when the coverage area has varying topography, which makes line of sight transmission difficult. ( )' "q 1 Personal wireless service facility antennas are often mounted on the roof of a building if the building is of adequate height, that is, of at least 25 feet above ground level (two stories). When the building is taller than 25 feet (three stories minimum), the antennas may be side-mounted on the building wall. The challenges occur when most of surrounding structures in a local area are low- profile, one-story buildings and the wireless carrier must erect a new lattice tower or monopole to mount the antennas and achieve the necessary height. Such mounts can have obtrusive visual effects if not properly camouflaged in an area of low-profile buildings. (Antennas mounted on a lattice tower. Site located at De Anza College near Highway 85.) 2. Facility Proliferation. "How many personal wireless service facilities will be built?" is a frequent question. To some degree the number of facilities will depend on how popular wireless communications will be to the general consumer, how many new companies enter the field, what types of additional services will be offered by these companies, which affects the capacity of the cell sites, and the willingness of the companies to invest in infrastructure. As more personal wireless service facilities are added to increase capacity, each facility may be shorter in height to serve a smaller area and avoid overlaps in coverage with adjacent cell sites. 9 r <¡:- ({JD A. Consumer Demand - Most companies have already established their initial network of cell sites (the Coverage Phase), which were designed to provide the most coverage per facility and were established along highways and other major transportation corridors. Most of these wireless companies have now entered a Capacity Phase, where companies are infilling their service area with additional facilities to fill "holes" in their coverage and add capacity to high dernand areas. Wireless communications continues to be extremely popular with the genera) public. The FCC reports that there were 122.4 million wireless subscribers nationwide at the end of 2001, up 54 percent from the end of 1999. In California, wireless phones are even more popular with the total number of subscribers soaring 76% to 15 million in the same time frame. In Cupertino, local high technology companies have sought personal wireless service facility approval on their own buildings in order to improve intra-building and inter-building coverage for their own employees. B. Number of Companies - There are at least eight wireless companies operating personal wireless service facilities within the City boundaries. There are two cellular companies, one enhanced specialized rnobile radio company, four PCS companies, and one paging company. Except for the paging company, which operates one paging facility in the City, and one PCS company, which shares facilities with another carrier, the other companies operate from 3 to 7 facilities within City boundaries. C. Additional Future Services - Most of the companies envision expanding the range of the services they offer over their wireless networks, going beyond voice communications, paging and text messaging to include transmission of larger quantities of data, video communications and even wireless internet connections. The quantity of information the companies would like to transmit far exceeds the capacity of their existing communications networks. New technologies must be developed, including a much more highly distributed set of personal wireless service facilities to make this vision a reality. 3. Visibility & Aesthetics. Many people find the personal wireless service facilities to be visually unattractive. City staff and wireless companies spend a lot of time designing facilities that are well-carnouflaged, but this is becoming a more difficult task as the best sites (least visible) are already occupied with facilities. Cupertino has outstanding vistas. The primary one is the nearby western foothills, which are largely in a natural state. A City priority is to beautify its major transportation corridors by landscaping its medians and rights-of-way, 10 ! f -( b ( requiring significant private landscaping, and relating building design to the public realm. The height and continued proliferation of facilities will likely make them more apparent to residents in the future and potentially create more obtrusive visual irnpacts than ever before. One strategy to reduce the proliferation of facilities is to require the co-location of facilities on a single structure, such as, a lattice tower. There is, however, an inherent tradeoff. Accommodating many facilities on a single structure reduces proliferation, but often causes serious visual impacts. Many antennas and equipment concentrated on one lattice tower tend to draw more attention than the dispersal of less visible but more numerous facilities. An example of this is the lattice tower on the De Anza College Campus. Policy 4-1: Applicants shall use the best available camouflage techniques to reduce the intrusive and obtrusive visual impacts of personal wireless service facilities to the extent possible. 4. Facility Installation in Residential Areas. Personal wireless services are increasingly moving toward home usage. If costs continue to decline, consumers will continue to use their "cell" phone instead of their land line phones while at home. A srnall, but growing number of subscribers have gone cornpletely wireless, abandoning their land lines. The wireless companies follow their subscribers' phone usage. Ultimately, the facilities may serve every neighborhood in the City. The deployment of personal wireless service facilities in residential neighborhoods could have significant, obtrusive visual impacts if not properly planned. It appears in residential neighborhoods, that the best places for personal wireless service facilities will be on top of or attached to light poles, traffic signal poles or other tall structures in the public right-of-way. (Personal wireless facility on a light pole at Serra Boulevard and Stanford Avenue, Stanford, CA.) 11 \ j-( OJ-. (Personal wireless facility at Swallow Drive and Lome Way. Sunnyvale, CA) In the past this was done with one company's antennas placed on street lights, which have met with no public objection. The company was a wireless internet service. Even though the company is now out of business, their abandoned antennas continue to dot City streets. Another company has bought the technology al1d plans on reusing the antenna network. Other possible sites for residential deployment include: stadium light poles at high schools, flag poles and light standards in parking lots at churches and other non-residential uses in the neighborhoods. 12 l)~ CD J Chapter 5, Locations & Structures This section deals with the topic of the best locations and structures in the community for personal wireless service facilities. The continuing demand for personal wireless services throughout the community will escalate the proliferation of facilities, perhaps even into the residential neighborhoods. At risk are the visual qualities of this community: its natural vistas, the tree-lined streets, the well-tended and attractive commercial and industrial areas. The key challenge is to protect community aesthetics and promote safety, while facilitating the use of this technology throughout the community. It is not the purpose of this plan to encourage the location of every local personal wireless service facility within the City's boundaries. There are numerous nearby locations in the five cities and unincorporated areas that border Cupertino that could serve equally as well or better as potential locations. The best locations in the community for personal wireless facilities is a function of the land use and the presence or absence of taller structures that can accept antennas that will not be noticed. One of the overall goals is to locate facilities and to site and design them so they are as unobtrusive as possible. In general, non-residential locations are better than residential locations because such facilities are less noticeable and more accepted by the public. Also facilities with antennas mounted on existing structures are generally preferred to facilities with antennas mounted on new structures. Antennas mounted on existing taller structures are usually less noticeable because the structure is already part of the City's visual landscape. The City's preference order for locations of personal wireless service facilities is: Most Preferred Existing Structures in Non-Residential Areas New Structures in Existing Structures in Non-Residential Areas Residential Areas Least Preferred New Structures in Residential Areas Policy 5-1 : Preferred locations for personal wireless service facilities are on existing buildings and structures. 1. Existing Structures in Non-Residential Locations. The following maps and list describe the structures that have been used or may be potentially used for personal wireless service facilities on non-residential lands. It is meant to be as inclusive as possible, but there may be other opportunities that will be reviewed on a case-by-case basis. 13 ( j--(b'f A. Privately-Owned Locations (Maps #1 & #3) There are numerous taller structures on private non-residential property that are candidate locations for personal wireless service facilities. All privately- owned locations are depicted on Map #3, except for personal wireless service monopoles, which are depicted on Map #1. There are two inappropriate structures: 1) billboards-- very large, off-site advertising signs, that are legal, nonconforming structures not permitted to expand their use, and 2) flag poles used for the display of the American and State flags. More appropriate taller structures are described below: . Taller Buildings: 2+ stories in height Parking Lot Light Standards (not mapped) Utility Structures: transmission towers, taller utility poles, private water tanks P.G.& E. Service Center and Power Substations Pylon Signs (not billboards) Personal Wireless Service Monopoles Religious Institutions Historic Structures (e.g. wooden water tower) . . . . . . . B. Publicly-Owned Locations (Map #2) City-owned Locations The City of Cupertino owns numerous buildings, structures and properties throughout the community that could be potentially used for personal wireless service facilities. They include: One and two story buildings that have yet to be built: Community Hall . Library Existing one story buildings: . City Hall Sports Center . Quinlan Cornrnunity Center . Park & Recreation Centers . Service Center (Corporation yard has three facilities.) 14 (),(O3 z (3 ~ Q " Æ P' ¡.. "~ (f 6 i ~ ~ ~ ~I ~:' 0 e~-- .::. °l -' . ,,§ .. § .~ ï ~.~,¡j~8..~.".¡§.E <oS ,,",g~~j~" ~ Q~]~d8.~ "'.! ï ~êr s' . oC Dr ¡ ~ð~ ~ ê ð ~ . L,BJJ £ ¡ f '" E3 0 Ô ~ jt ~ ~ £ ~¡ If 15 t~.~ § ¡~ ~ Æ~~]~ ~ ~. ~ . ~ U O"L Æ 0.] ~~ ~" NÕ~ jOD _DO ¡ ~z= § ¡ ~<.c ~ 0 ::1u': ~ ~ f t l i)-{D'ì ~ J 8~ L~ æ 5;: u~r f ~ N¡§ U u;,. ¡~ Ii'. " ðj V~~~~.U ~!". ¡. .~-g!;'.£!!'......." H6¡~ .' ~:"S§5 ¡~~H~ ~h] f ! ."o~DDrniôóoDo t ~ j ~ i J' ~ ~ u 0 "" "' .... ." " . M¡S~ ~z . ¡d l ) -(Dt Relatively undeveloped and vacant properties: Remnant properties along Mary Avenue and Highway 85 soundwall . Parks Blackberry Farm Golf Course Lands, such as lots and public rights of way that have other structures: Water tanks . Traffic Signal Poles . Electroliers (i.e., street lights) . Public rights of way (a.k.a. streets) Other Government-Owned Locations Other locations owned by other goverrunent agencies may be suitable sites for personal wireless service facilities. Each agency would decide whether its properties would be available for lease for personal wireless service facilities. Such facilities need permits from the City since these commercial personal wireless service facilities do no relate directly to the goverrunent agency's mission. . Santa Clara County Fire Department fire stations Public School District properties (building mounts, parking lot light standards, stadium light poles) De Anza College Campus Caltrans Rights-of-Way and Service Center 2. New Structures in Non-Residential Locations. There are many non- residential locations that lack a suitable, mounting structure for a personal wireless service facility. And in those instances, carriers, sometimes propose a new lattice tower, monopole or other structure to elevate the antennas. Under these circumstances, the personal wireless service facility should be located in an area that has the least visual impact. In considering such a visible facility, all alternative locations should be reviewed and the best available camouflage techniques should be applied by the carrier to the facility. (See Siting and Design Section of Plan). Sometimes the most appropriate design solution may be "hiding the facility in plain sight." This is accomplished by camouflaging the personal wireless service facility with materials in colors, sizes, textures and proportions that blend into the envirorunent, without creating visual contradictions. This is discussed in 15 r )"-(Dí some detail in the Siting and Design Section. Possible custom-built structures to house or mount personal wireless service facilities include: . City gateway or neighborhood entry features Church steeples Building entry features Rooftop Chimneys Artificial trees (treepoles) Artificial Rocks Artificial Electroliers Artificial Power/Telephone poles . . . . . . Because there are significant topographic differences in the City, there may be hillside locations in the City where a ground-mounted personal wireless facility will be technically feasible and considered unobtrusive. There are currently no such facilities located in the City. 3. Existing Structures in Residential Locations. One of the largest challenges facing this plan will be providing wireless communications coverage to residential areas. There are large portions of the community that have poor to non-existent coverage because of a lack of personal wireless service facilities in these areas, which are located in the western, southern and eastern portions of the City. These areas are predominantly residential in character and situated at a significant distance from non-residential properties. The plan assumes that future deployment of personal wireless service facilities in residential areas will occur at low antennas heights. As such, the most unobtrusive mounting structures will likely be existing street lights, traffic signals and utility poles and towers. There will be facility opportunities at high schools, churches and fire stations that are located in residential neighborhoods, but these locations are few in comparison to the number of public utility structures. Techniques to camouflage these facilities are discussed in the Siting and Design section of this plan. 4. New Structures in Residential Locations. Obtrusive personal wireless service facilities that are mounted on new lattice towers or monopoles are inappropriate in residential neighborhoods. Much of Cupertino is developed with one and two-story dwellings and these facilities could stand out in marked visual contrast to their surroundings. If facilities in residential areas are to be considered, the primary goal must be to preserve the visual integrity of the residential neighborhood. Nurnerous techniques exist to rnake personal wireless service facilities more compatible and unobtrusive in residential areas. They are discussed in the Siting and Design section. 16 () ~ \ tD Policy 5-2 : Only unobtrusive personal wireless service facilities shall be considered in residential neighborhoods. 5. Non-Cupertino Locations. The City of Cupertino is bordered by the cities of Los Altos, Sunnyvale, Santa Clara, San Jose and Saratoga. In the west foothills, Cupertino is surrounded by the unincorporated lands of Santa Clara County. Each jurisdiction has buildings, taller structures and features, and property that could accommodate a personal wireless service facility. In many cases, these locations may be preferable to a Cupertino-based location if they are less obtrusive to the surrounding area. Examples of locations include: . Shopping centers in all surrounding cities, The quarries and lattice towers in the unincorporated west foothills, The Hewlett Packard campus, water tank, hotel, office buildings, hospital and lattice towers in Santa Clara along Highway 280, Lattice towers, Caltrans right-of-way, water tanks along Highways 85 and 280 in Sunnyvale, The Home Depot, office buildings, commercial buildings, high school, and taller utility poles in San Jose, The taller utility poles along Prospect Road and hillside locations in Saratoga. . . Policy 5-3: Development of unobtrusive cell sites in surrounding communities shall be encouraged. 17 I) -l \ ( Chapter 6. Siting & Design The previous plan section suggested the interdependence of location, siting and design in determining appropriate places for personal wireless service facilities. Some locations will be validated through siting and design, while other locations, such as a substation, depend less on siting and design policies and guidelines. Siting is the relationship of the personal wireless service facility to its site an~ any structures on that site. Design is the arrangement of parts, details, form, color, etc. to achieve a desired functionality and appearance. Functionality has to do more with the adequacy of the cell site in the wireless company's grid of cell sites. The wireless company is best able to determine the functionality of its cell site. The City is more concerned with the appearance of the facility and how well it fits into the overall context of the built environment. Sometimes the objectives of functionality and appearance will conflict in the process of designing a personal wireless service facility. Policy 6-1 : Personal wireless service facilities should be sited to avoid visually intrusive impacts as viewed from the public right-of-way and from residential neighborhoods. Policy 6-2 : Personal wireless service facilities shall be appropriately scaled to fit harmoniously with the surrounding elements of the site and neighborhood. Policy 6-3 : Personal wireless service facilities shall be compatible with their surroundings so that their shape, size, color, materia/, and texture blend with their surroundings. SITING AND DESIGN GUIDELINES Specific siting and design guidance is provided for personal wireless service facilities categorized by the type of equipment. In general the equipment should be sited to blend in with their surroundings. The environmental context will help dictate the best site and best camouflage technique(s) to use. This is not intended to be an exhaustive survey of siting and design guidance. Wireless companies are encouraged to provide creative solutions to facility siting and design that meet the plan's goals. 18 ( <) ~Ii ).... 1. Antennas Antennas near the ground in hilly locations should be screened by existing vegetation. If vegetation is sparse, additional landscaping rnay be planted that is similar to the surrounding vegetation or native to the area. . Antennas should be painted and textured to match the background view or foreground view whichever will make the antennas less obtrusive. If the background is the sky, the preference is a flat gray color. . Antennas may be screened with radio wave transparent rnaterials that have been designed and fabricated to match elements normally viewed in the immediate environment. Typically the least obtrusive placement on a building is a flush mounting on some roof-top equipment, structure, penthouse or building wall. A secondary location is a central place on the roof where the roofline can cut off angles of view, making the antennas less visible. The least desirable roof mount is a vertical protrusion at or near the parapet where the antennas are likely to be the most visible. For lattice towers, the most successful antennas siting/ design solutions are: 1) the top hat design, where a short, rectangular framework of steel is erected on top of the tower and the antennas are mounted to this framework extension, and 2) the leg-mounted design, where the antennas are mounted on the legs of the tower above the ground level. (Personal wireless service facility using a lattice tower at the extension of California Oak Way and the Union Pacific Railroad tracks) 19 t )- II 3 . Select antennas of a shape and size that are in proportion to the mounting surface, and mount them flush against the structure. On a monopole, antennas should be mounted £lush to the shaft or in vertical alignment with the shaft. Some of the newer monopoles have been designed to accommodate rnore than one set of antennas and their city approvals conditioned with a co-location requirement. The antennas should be enclosed in a screening cylinder if this reduces the obtrusiveness of the facility. A new antennas rack configuration on an existing monopole should only be considered if the monopole can be adapted with adequate tree-type camou£lage. The antenna shape and mounting orientation guideline may be relaxed if the antenna is of such a small size that its presence would not be noticed by the general public. An example of this is the former wireless internet antenna suspended from the cross arm of an electrolier. . . (Personal wireless facility at Swallow Drive and Lorne Way, Sunnyvale. CAY . Antennas may be mounted on top of a pole-type structure (e.g., light pole, traffic signal pole, power/telephone pole, golf course net pole, etc.) if the pole is 30 feet or less in height. The antennas 20 ( j-lll( should be vertically aligned with the pole and shall not exceed 20% of the height of the pole. 2. Co-Located Antennas Policy 6-4: Monopoles with co-located antennas are preferred to single user monopoles if they are less visually obtrusive than separate monopoles. 3. Cables In general co-located antennas mounted on the same monopole, lattice tower or building roof should be less visually obtrusive than separate personal wireless service facilities. All of the siting and design guidelines applicable to a single set of antennas apply to co-located antennas as well. Building rooftops suitable for numerous co-located antennas should be retro-fitted with larger equipment screens or extensions of the roof element that are architecturally compatible with the building. . . . Cable runs along the ground should generally be undergrounded unless such undergrounding would adversely affect the health of nearby mature trees. If the cable runs are located above ground, they should be camouflaged from public view. Cables should not be routed along exterior surfaces unless they are camouflaged with materials that integrate with the design of the structure. In lattice towers, cables should be bundled together and routed along the legs or cross members of the lattice tower. . . (Depicted are cables enclosed in a conduit that runs along the leg of a lattice tower located above the Monta Vista electrical substation in Cupertino. CA.) 21 ( )-(/j 4. Equiprnent Cabinets & Enclosures . On developed sites, the best location for equipment cabinets is an interior building space or a pad in an underground parking garage if available. Secondary locations include the roof and ground level parking areas. Roof-mounted equipment should be adequately screened. Ground level equipment enclosures should not remove City-required parking spaces or landscaped areas. . Ground level enclosures should be tall enough to screen the equipment and rnatch the building materials of other onsite structures whenever possible. . Screening landscaping should also match existing, onsite landscaping if appropriate. . For lattice towers, siting the equipment beneath the lattice tower legs is one of the preferred locations. For utility pole-type mounts, equipment cabinets may be mounted on the shaft if they are small enough in size to integrate with the appearance of the structure. (Personal wireless service facility on a utility pole located on Foothill Blvd next to Manta Vista Park. Cupertino. CA.) 22 \ )' -(/ l, Larger equipment cabinets should be sited in underground vaults in the public right of way. The best locations are the street and the sidewalk areas. In general the vaults should avoid landscaped areas and street trees. Larger equipment cabinets should also be sited in the rear yards of adjacent residences. Equipment cabinets should not be visible above the fence line. Wireless companies will need to negotiate land leases and easements with affected property owners. . 5. Lattice Towers & Monopoles. New lattice towers are not allowed by the City because of their obtrusiveness and because monopoles satisfactorily serve the same purpose of elevating the antennas with fewer visual impacts. A monopole should be sited among other tall vertical structures or elements to reduce its obtrusiveness, such as, among a cluster of buildin s, ove of trees, or within a ower substation. (Slim line monopole among the cedars. Note the cable trays to the right are above ground to better protect the tree roots. Monopole is located near the terminus of Portal Avenue at Highway 280. Cupertino, CA.) Monopoles should be approximately the same or smaller diameter as other vertical elernents in the surrounding environment. The "slim line" rnonopoles have drarnatically decreased the needed diameter of such poles, but co-location of additional antennas is problernatic. . 23 \S--Ill Monopoles should be colored to match their foreground or background elements. If the sky is the background or foreground element then the monopole should be painted a flat gray color. Intrusive and obtrusive monopoles should be carnouflaged as artificial trees. Since such artificial trees appear more authentic when placed next to real trees, the planting of larger trees near the monopole may be a project requirement. The artificial tree should be of a form similar to the surrounding trees to which it is being visually integrated, and be constructed of materials that retain a natural appearance for the life of the personal wireless service facility. The artificial tree should not be significantly taller than the surrounding vertical elements (i.e., buildings, trees, structures, etc. . . (Treepole style antenna mount located on San Tomas Expressway near its intersection with Hamilton Avenue. Campbell, CA.) -~- ---- ---_._._~-- 24 \)-[/8 Other Structure Mounts. There is a host of other types of structures that are not buildings, lattice towers or monopoles that may be suitable for elevating antennas and around which a satisfactory personal wireless service facility can be built. This category includes: power/telephone poles, electroliers, taller pylon signs (except billboards), golf course net poles, etc. Some of these structures may not be structurally suitable to carry such wireless facilities, so the City will allow the wireless cornpanies to fabricate suitable replacement structures. In other cases where a structure does not exist, the City may allow wireless companies to design and fabricate a custom-built facility that will fit into its surroundings. Additions or changes to city-owned utility structures will require the review and approval of the City Public Works Deparhnent. 6. Replacement Structures . If the wireless company needs to fabricate a new structure to replace one that is not suitable for antenna mounting, then the new structure shall approximate the size, height, shape, colors and dimensions of the existing structure in order to fit the new structure into the visual landscape. Replacement public structures will need the approval of the City Public Works Deparhnent. Replacement structures should accommodate internalized cable runs. (Personal wireless service facility antenna/parking light standard pole in a shopping center off Highway 680, Pleasanton. CA.) ~5 ()-rl9 Chapter 7, Health & Safety Radio Frequency Radiation (RFR) Background. There is an ongoing debate among scientists and the general public as to the health risks associated with exposure to RFR from personal wireless service facilities. The City of Cupertino has commissioned its wireless facilities master plan technical consultant, Kreines and Kreines, to prepare a paper investigating the federal government's regulation of RFR emissions frorn personal wireless service facilities and the City of Cupertino's scope of authority to review health and safety issues involving RFR. This paper, titled: "White Paper: City of Cupertino Scope of Authority to Review Health and Safety Issues Involving Radio Frequency Radiation (including Radiation of Co-located Facilities)" and dated October 31, 2001 is incorporated by reference into this Plan. A copy may be obtained from Cupertino Community Development staff. The white paper concludes that the City does not have the authority to regulate personal wireless service facilities on the basis of RFR, nor does the City have the authority to set exposure standards for RFR emissions from personal wireless service facilities, which has been pre-empted by the Telecommunications Act of 1996. The Telecommunications Act is very clear that the City may not deny an application for a personal wireless service facility because of RFR if the facility meets the FCC Guidelines for RFR exposure. The prohibition applies only to personal wireless service facilities. The adopted federal RFR exposure standards are embodied in FCC Guidelines published on August 1, 1996 and titled: "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation." The FCC-adopted standards are the 1991 Institute of Electronics and Electrical Engineers (IEEE) standards that were subsequently adopted by the American National Standards Institute (ANSI) and became known as ANSI/IEEE C95.1-1992 in combination with a stricter National Council on Radiation Protection and Measurernent (NCRP) standard that NCRP set in 1986. According to the white paper, if the City suspects that RFR standards are being exceeded, it is doubtful that the City has the police powers over a violation of the FCC Guidelines by a personal wireless service facility. An FCC Guide titled: "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance," published in June 2000, suggests that if a violation is suspected, the local government first contact the facility operator, and if it still has questions about compliance, the local government should contact the FCc. 26 [!;-/:lD While the City has no authority to regulate or enforce police powers on RFR, it appears the City may review and monitor RFR for compliance with FCC Guidelines. In fact the FCC Guide previously mentioned states: "... this document recognizes that, as a practical matter, state and local governments have a role to play in ensuring compliance with FCC's limits, and it provides guidance to assist you in effectively fulfilling that role. The twin goals of this document are: (1) to define and promote locally-adaptable procedures that will provid£ you, ..., with adequate assurance of compliance, while (2) at the same time, avoiding the imposition of unnecessary burdens on either the local government process or the FCC's licensees. Review of RFR Emissions for Compliance with Federal Standards, As a general rule, the applicant should bear the entire cost associated with measuring, recording, reporting and monitoring RFR emissions associated with personal wireless service facilities. Based on previous RFR reports, it is likely that most facilities will not exceed FCC RFR Guidelines; however, the City should establish some standards for assessment to ensure FCC Guidelines are meet. Policy 7-1: The City reserves the right to require applicants to prepare radiofrequency radiation assessments for personal wireless service facilities when the general public is in reasonably close proximity to such a facility and to determine compliance with FCC Guidelines. Policy 7-2: The City shall require a radio frequency radiation assessment for the following types of personal wireless service facilities: For building-mounted antennas when the building is designed for human occupancy; For antennas mounted less than 10 meters (32.8 feet) above ground level; For all co-located antennas; (The concern is for cumulative emissions exceeding the FCC Guidelines) and For residential deployment of personal wireless service facilities. . The RFR reporting must consider potential exposure, as well as, actual exposure. For example, a report that measures ground level RFR exposure of residents in their homes may not take into account the potential of residents adding second stories to their homes and possibly bringing themselves in closer proximity to the transmitting antennas. Policy 7-3 : If a network of residential-based personal wireless service facilities is proposed, a comprehensive RFR assessment shall be done for all proposed sites. 27 (j-1'l1 Policy 7-4 : The City recognizes that it is the responsibility of the carriers to operate its personal wireless service facilities within the adopted federal radio frequency radiation exposure standards over the life of its facilities, regardless of whether the City requires the preparation of a RFR assessment or not. NOISE Some of the wireless communication companies require mechanical ventilation to keep their equipment operating within an acceptable ternperature range and generators to provide power or backup power in the event of a power outage. All of this equipment are potential noise sources and must comply with the City's Community Noise Ordinance. Policy 7-5: When mechanical ventilation, power generators or other sources of noise are proposed in personal wireless service facilities, the City shall ascertain whether an acoustical analysis is necessary to determine compliance with the City's Noise Ordinance. HAZARDOUS MATERIALS Hazardous materials that are typically used in personal wireless service facilities may include such materials as Gallium Arsenide (a carcinogen), sulfuric acid in batteries, diesel fuel for generators and compressed gases. The quantities found at these facilities are usually not large and do not present a serious threat to life or property. All such facilities require building permit review, which includes review by the Fire Department of Santa Clara County that administers the City's hazardous materials ordinance. That ordinance addresses the identification, containment, storage and monitoring of hazardous materials. Fire Department personnel also has specialized equipment, training and personnel to deal with hazardous material releases. FALLING MATERIALS Antennas mounted at taller heights and the artificial branches and foliage found on a treepole are subject to strong winds, which may cause breakage and a potential falling material hazard to persons and property at the ground level. The City requires a building permit for all mounted antennas and treepoles. Specific structural analysis for treepoles is also required. At the building permit stage, applicants should be prepared to provide for the artificial tree branches: 1) an analysis of wind resistance factors, testing for material strength and stiffness, and a description of the environmental effects related to solar degradation and fatigue. 28 l )-/ L2... Chapter 8, Monitoring Wireless communications is a high growth industry subject to rapid innovation and technological change. The City should keep abreast of the growth and changes as wireless communications become even more pervasive and integrated into society and our community life. In the future, how the equipment functions, how it looks, and where it is located will probably change and the City must prepare itself to react to change, set standards and plan for the future infrastructure of wireless communication. Since many personal wireless service facilities have been approved by the City before the preparation of this master plan, many may not rneet the City's current guidelines and standards. Periodic review, if legally possible, would benefit the City and the applicant if needed to update the installed equipment. Presently, any modifications to a facility require some type of City approval. Periodic reviews can be accomplished by placing an expiration date on the City's discretionary approvals. The City permit will then need to be "renewed" after a certain period of time by the applicant, which creates an opportunity for the City and the applicant to check maintenance, make beneficial modifications, not only because of advances in equipment technology, but also advances in camouflaging techniques. The City has been placing 5-year expiration dates on most facility approvals. Some of these will expire in the next few years. Carriers are responsible for monitoring the expiration dates of their City approvals and applying for time extensions in a timely manner. The City has the right to revoke permits that have expired and terminate the use. Staff should monitor its facility approvals to ensure that future approvals are likewise conditioned and that expirations are "caught" and re-permitted as necessary. Policy 8-1 : All personal wireless seroice facilities approved by the City will be conditioned with a permit expiration date to create opportunities for tJæ City and applicant to check maintenance, cJæck the level of radio frequency radiation emissions, improve equipment and camouflage techniques wJæn needed. In the event a company abandons its personal wireless service facility, the facility should be disrnantled and removed by the company and! or property owner. Such a condition should be placed in City approvals for private property and in City lease agreements for City-owned and leased properties. 29 ( r -{ 13 -~-----,--- Policy 8-2 : All personal wireless service facilities approved by the City shall be conditioned with an abandonment provision providing for dismantling and removal of a facility by the company and/or property owner. 30 /) ~ f2-Y Chapter 9. Implementation BACKGROUND This section of the plan addresses how this wireless facilities master plan will be implemented by the City through its zoning ordinances, City lease agreements and development standards. While all personal wireless service facilities will require some sort of discretionary review and! or approval, the City will not be overly burdensome from a regulation standpoint for well-designed and sited facilities that meet the goals of this plan. Applicants can expect a "tiered perrnit system" where the level of staff and public review of a facility proposal will depend on how well a facility is camouflaged and how unobtrusive it is in appearance to the viewing public. The necessity for a RFR report is a separate issue. The RFR report's conclusions may affect the level of review. The Planning Division staff is the rnain contact for rnost City approvals of personal wireless service facilities. Facility Development Permits Simple Building Permit Only (Staff) Director's Approval Complex ASA/Design Approval Use Permit (Planning Commission) 1. Building Permit Only. Only a building permit is required for personal wireless service facilities that are totally screened from any public view. The facility is able to use existing structures to screen the equipment, or replace existing structures with ones composed of radio transparent materials that are identical in appearance. While Planning staff reviews these proposals for qualification, no separate planning permit is required. To date, very few facilities have qualified for this minimum level of review. 2. Director's Approval. Also known as a Director's Minor Modification, this approval is executed by Planning staff and the Community Development Director. No public hearing or notice is required, but the decision is reviewed and may be appealed by anyone during a 14 calendar-day appeal period. Typically, well-screened, building- rnounted or structured-mounted personal wireless facilities qualify for this level of planning approval. A separate building permit is also required. 31 1')-/2) 3. ASAjDesign Approval. Certain personal wireless service facility projects require design approval by the Design Review Committee, a two-member subcommittee of the Planning Commission. The public meeting is less formal than a full Planning Cornmission hearing and requires la-day advanced noticing of adjacent property owners. This type of planning application is required for more noticeable building and structure-mounted personal wireless service facilities. Plans are reviewed by a member of the Telecommunications Commission. A separate building permit is also required. 4. Use Permit. Typically, new tower- or monopole-rnount personal wireless service facilities will require public review by the City's Planning Commission. Public hearing noticing consists of a notice published in a local newspaper of general circulation and mailed noticed to property owners within 500 feet. Plans are reviewed by a member of the Telecommunications Commission. A separate and sequential building permit is also required. The Community Development Director may refer a Director's Minor Modification to the Planning Commission for public hearing review. This is necessary when the Director believes there are significant design issues or potential public controversy about the project. Noticing may be just adjacent property owners or more if warranted by the Director. WIRELESS COMMUNICATIONS FACILITIES ORDINANCE The wireless communications facilities ordinance was adopted and incorporated into the City's Municipal Code (Chapter 19.108) in 1997. It has been the City's main implementation tool and by default its policy document for the review of all personal wireless service facilities in the City. With the adoption of a wireless facilities master plan, this ordinance will need to be updated and broaden to implement the master plan. The ordinance shall specify maximum antenna height and provide for an exception process. This ordinance also regulates ham radio facilities intended for personal use. Implementor: Community Development Dept. OTHER ZONING ORDINANCES. The Location Section of this Plan identifies all types of locations and structures that may be appropriate for personal wireless service facilities. Since these locations and structures may be in any number of zoning districts, a review and probable amendments of the zoning code is required to ensure that it is 32 If-I2£, internally consistent with the Wireless Facilities Master Plan. Community Development Dept. Implementor: OTHER CITY ORDINANCES AND CITY POLICIES As this master plan proposes the potential lease of all types of City property for private purposes, a review of other City ordinances and policies regarding such lease to private concerns is necessary to ensure that they are internally consistent with the Wireless Facilities Master Plan and that appropriate levels of review are built into the leasing process. Implementors: Community Development Dept., Public Works Dept. & City Attorney LEASE AGREEMENTS A lease to locate personal wireless service facilities on an existing City-owned facility or structure is typically negotiated with Public Works Department staff and approved or disapproved by the City Council at a public hearing. The level of Planning Division involvement and public review depends on the obtrusiveness of the facility. A building permit may also be required. An example of this type of entitlement is the lease of City light standards to a wireless company for its antenna boxes. Leases involving the construction of new stand-alone facilities will probably require greater scrutiny. Model lease agreements should be developed by the City to facilitate lease of public property and structures for personal wireless service facilities and to protect City interests. Coordination with affected departments, such as the Parks and Recreation Dept. for City parklands, will be necessary to ensure their concerns are met. The City's consultant has prepared a survey of lease rates to ascertain market rental rates for such facilities. Implementor: Public Works Dept. CITY STANDARD DETAILS The City Public Works Department maintains standard specifications for all public works structures. Some of the structures suggested in this plan, like traffic signal poles and light poles, may not. be physically or structurally suited to accommodate a personal wireless service facility. These structures should be evaluated by the wireless companies and the Public Works Department to deterrnine their suitability. An alternative design or standard may need to be adopted to accommodate a residential deployment of personal service wireless facilities. Implementors: Public Works Dept. & Wireless Companies. 33 l f -I 2, Chapter 10, Glossary of Terms A meaningful understanding of this Wireless Facilities Master Plan depends on a common knowledge and understanding of the terminology used in this document. The Plan uses the following terms and their definitions in regulating and planning personal wireless service facilities. . Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of a structure. . Antenna. An antenna is the transmitting/receiving portion of the personal wireless service facility that tends to be, proportionally, a small part of the total personal wireless service facility. Presently, five (5) types of antenna have been identified: Dish or Parabolic Antenna. This is a bowl-shaped antenna of varying diameter used for point-to-point microwave communications. Global Positioning System (GPS) Antenna. This is a small can-shaped antenna affix to a rod and mounted at a lower height, usually near the equipment cabinets. Panel Antenna. This is an antenna usually deployed in clusters of three and commonly used in cellular and PCS systems. These antennas usually are rectangular in shape, standing with the end up. They can resemble plastic or glass light casings, such as seen on streetlights, but the more typical shape is like a fluorescent light case. 34 If -/26 They are typically 4-5 feet in height, 6-12 inches in width and 6-8 inches in depth. Whip Antenna. This is an omni-directional antenna that appears as a very thin, rod-like element, projecting up or down from its mount. They are typically 2-6 inches in diameter and 1-18 feet in length. Yagi Antenna. This is a directional antenna designed to "see" one site. It consists of a thin, rod-like element with half a dozen or more short cross members mounted at right angles. This antenna is mounted in a horizontal direction from its mount. . Antenna Mount or Mount. This term refers to the antenna mounting hardware and the structure, if any, that elevates the antennas above the surrounding landscape, for example, a building, monopole, lattice tower, etc. There are four (4) typical types of mounts: - Ground-mount. Each antenna is fastened to a separate, short, thin rod that is anchored to the ground. These installations would be typically seen on foothill properties where the height of the hill provides the elevation for the antennas. Roof-mount. Antennas are mounted on the roof of a building. Side-rnount. Antennas are mounted on the side of a building. 35 ( )-( 11 Tower or Monopole-mount. Antennas are mounted on the top or side of a lattice tower, guyed tower or monopole, or a monopole. Sometimes a large and substantial framework is added so the antennas will protrude noticeably above or beyond the surface of the tower or monopole. This is referred to as a "top hat" or "rack" configuration, which is often used to accommodate more than three panel antennas at one mount. On monopoles, sometimes a dual-polarized or cross- polarized panel antennas are used which allows the antennas to be mounted very closely, almost flush, to the surface of the monopole. Structure-mount. Antennas are mounted to the top or side of a structure, other than a building, tower or monopole, such as a water tank or tall ground sign. . Applicant. A person or entity who submits a permit application for a personal wireless service facility before the City of Cupertino. Base Transceiver Station. The personal wireless service facility equipment housed in cabinets or an enclosure or shelter. The term is usually used for a pes-type cell site. Carnouflage. A palette of techniques used to disguise, hide and conceal a personal wireless service facility from public view by blending its appearance into elements of the visual background. The term connotes the use of paint, landscaping, building materials and artificial screens in patterns that merge with the elements in the background environment. Carrier. An entity or company in the business of providing personal wireless services. Cell Site. An informal term for a personal wireless service facility. Cellular. A mobile telephone technology operating in the 800 MHz range of the electromagnetic spectrum. Co-applicant. All other persons and/ or entities joining with an applicant in permit application for a personal wireless service facility, including the owner(s) of the personal wireless service facility, the property owner(s), and any tenant(s) for the personal wireless service facility. Co-location. The practice of installing antennas from more than one wireless communications company on a single antenna mount. Co-location, Horizontal. The horizontal orientation of personal wireless service facilities from more than one carrier on a building. Co-location, Vertical. The generally vertical orientation of personal wireless service facilities from more than one carrier on a vertical mount such as a monopole or lattice tower. . . . . . . 36 ¡ ) -{ 3D Horizontal Co-location of Antennas . Comrnercial Mobile Radio Services (CMRS). As defined by Section 704 of the 1996 Telecommunications Act, any of several technologies using radio signals at various frequencies to send and receive voice, video and data. These are considered "functionally equivalent services" by the Telecommunications Act. Cross-polarized Antenna. Three panel antennas flush-mounted or attached very close to a shaft. Design. The appearance of a personal wireless service facility, which includes materials, colors and shape. Enhanced Specialized Mobile Radio (ESMR). Private land mobile radio with telephone services. The local purveyor of this communications technology is Nextel Communications. Environrnental Assessment. The document required by the Federal Communications Commission and the National Envirorunental Policy Act when a personal wireless service facility is proposed in an area that may be envirorunentally affected by the facility. The envirorunental assessment must show how negative envirorunental impacts can be mitigated. Equipment Cabinets. Personal wireless service facilities also include one (1) or more small, enclosed structures, cabinets, boxes, sheds or underground vaults near the base of the antenna mount. These structures house power connections, emergency batteries, hardwire telephone connections and sometirnes ventilation equipment needed for the operation of the facility. The equipment is connected to the antennas by cable(s). The equipment is usually secured by an enclosing structure, such . . 37 [f-r'3 { . as a fence, shed or vault. "Base transceiver station" is also used to describe the radio equipment in these structures used by PCS technology. Facility. See Personal Wireless Service Facility. Federal Communications Commission (FCC). The FCC is the United States governmental agency responsible for regulating personal wireless services. This agency issues licenses and writes federal regulations and standards governing telecommunication companies. The Telecommunications Act of 1996 granted this agency significant authority to regulate personal wireless services. Functionally Equivalent Services. Cellular, PCS, ESMR, Specialized Mobile Radio and Paging. According to the Telecommunications Act, these five services must receive the same treatment by local government. Guyed Monopole or Guyed Tower. A monopole or lattice tower that is anchored to the ground or other surface by diagonally-oriented cables. Intrusive, A term used to describe a personal wireless service facility that visually contrasts with its surroundings to the point of conflicting with it, but not to the extent of visually dominating the surroundings (See Obtrusive.) Lattice Tower. A self-supporting mount with multiple legs and cross bracing of structural steel. Licensed Carrier, A company authorized by the FCC to construct and operate a commercial mobile radio services system. Location. The area where a personal wireless service facility is located or proposed to be located. The term differs from" siting". Mean Sea Level (MSL). A uniform reference point from which height can be measured. Modification. The changing of any portion of a personal wireless service facility from what was approved in a previous City permit. Monopole. A self-supporting mount consisting of a single shaft of wood, steel or concrete specifically designed and constructed to carry more than one personal wireless service antenna. Mount. See Antenna-Mount. Obtrusive. A term used to describe a personal wireless service facility that is visually dominating to its surrounding environment. This term usually applies to a facility where a new monopole or lattice tower is erected to mount the antennas. It may also apply to building-mounted or structure-mounted facilities that lack adequate camouflage. Omni-directional Antenna. A thin rod that transmits or receives a radio signal in all directions. Also called a "whip" antenna. Paging. A service that provides tone, text and limited voice messaging. Commercial paging operates on several frequencies, including narrowband PCS. . . . . . . . . . 38 !J-i7.2... . Panel Antenna. A flat surface antenna that is usually deployed in three directional sectors and used to transmit and receive signals from that sector only. Personal Communications Services (PCS), A form of radiotelephone service capable of transmitting and receiving voice, data, text and video messaging and which operates in the 1850.1900 MHz range. Personal Wireless Services. The Plan uses the definition found in Section 704 of the Telecommunications Act of 1996. Unlicensed Wireless Services, Common Carrier Wireless Exchange and Commercial Mobile Radio -, Services, which includes: Cellular, Personal Communications Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. Personal Wireless Service Facility. As defined in the Telecommunications Act of 1996, a facility that is designed to provide personal wireless services. Pylon Sign. A sign erected on a tall and substantial supporting structure, but is not a billboard sign. Radio Frequency (RF) Engineer. Someone with a background in electrical engineering who specializes in the study of radio frequencies. RF engineers are licensed by the State as Professional Engineers. Radio Frequency Radiation (RFR). The emissions from personal wireless service facilities that in excessive amounts can be harmful to humans. Search Ring. A generally circular geographic area of a specific radius that a carrier uses to focus his search for a personal wireless service facility location. Separation. The distance between one carrier's antenna array and another carrier's antenna array. Separation may be horizontal or vertical. Siting. The method of placing a personal wireless service facility on a specific site or property. The term differs from determining "location." Specialized Mobile Radio (SMR). A group of services serving dispatch and data communication users, usually over a small geographic area. SMR operates over several frequencies in the 800 to 900 MHz range. Telecomrnunications Act of 1996. This is a broad revision of the 1934 federal statute governing telecommunications. It is important at the local government level because it contains language that both preserves and limits the authority of local government to regulate personal wireless service facilities. Unobtrusive. A term used to describe a personal wireless service facility that is not visually dominating to its surroundings. These are usually facilities mounted on buildings or other structures that are well- camouflaged. This also describes facilities that are not as well camouflaged, but do not visually stand-out because of placement, shape . . . . . . . . . . 39 ( ')-123 . and/ or relative size of the facility compared to surrounding visual elements. Unlicensed Wireless Services. Commercial mobile services that can operate on public domain frequencies and that therefore need no FCC license for each personal wireless service facility. However, an unlicensed carrier needs a FCC license. Exarnples are Metricom and Wi-Fi. 40 (')-tJy @UO'~ ""'0' S"." ..rt ._~ ~~;":'~7~i"OO TWO WORKING OAYS BEFORE YOU DIG C."m'","", ~ W A N ;¡ V.;k" '~""." ~ooo n~ 1m"""""",'" I. """""'" m SOF ""'" ,,~"" """"'AlF EXIT' ""'" '-88O SOUTH TAKE lHE '-280 EXIT TOWMOS OOWNTOWN "" "sEt"'" """C,""'. CONTINUE ON ,-,.., NO"'" ",.OP TOWMOS "" FlWlCI5OO. "EROE ON ,-,.., NORTH. T"'E lHE N. OE ,"ZA ",W EXIT TOWMOS OE '"" ","""MO. nJRN L£FT ON N. OE '"" ",W. CONTINUE ON S. OE ,"ZA BLW. ruJ<N """' ON "CCl£UAN 80. ru", lEFT ON S. STrlUNG 80. DRIVING DIRECTIONS ~ Sprint REDEEMER LUTHERAN SF60XC824-A 940 S. STELLING RD. CUPERTINO, CA 95014 SITE TYPE: CO-LOCATE lHE P80.JECT CONSISTS Of lHE IN51"""'N '"0 ""E""TION Of """'" ,"0 ...see"rEO EOUIP"ENT "'IN"" foo SP",NT'S WI"ELESS TELE,,",,"UNICATIONS NEIWORK. ',"EL """", "OUNTED ON '" EX,snNG CHURCH c"ass smUCTU'" NEW EQU""NT ""'NE" "OUNTEO ON '"0 , CONG"ErE SlAB Al GROUNO LEVEL POWER '"0 moo 5<R'ICE "'ON O<IsnNG SOURCES. PROJECT DESCRIPTION ,. ..,........""""" 7. ..,........= Of,""",""" """"""",""",lION . ""'" 21M< . ...... """ ,. aJY/COU'" ......., APPLICANT/LESSEE CODE COMPLIANCE ,W", """ESS, CeNT,,", 'HONE, AGENT 1 ,,",NT ...., ,,",NT PM"" "",W" PM", ""'" "25' CH,"' UPM' ("3) 227-1944 CONSULT""S"." """'ESS CITY, S"TE. ZI' com,,", 'NOHE, ARCHITECT: "S< "",Hm:cruNE '"0 'WlHING, 'NG, 2DB UT," STREET, S;JITE 20'B "" fIWIC'SCO, " 14103 ",BERT ZEH" (415) 503-1363 ","E """ESS, AGENT 2 ","E, "DRESS, AfL lELECO""UNICATIONS 167 TECHNOLOGY DRIVE ""'NE, OOJfO"'" 92616 SURVEYOR: GONSULT""S ","E """ESS GITY, 51'TE. ZI' GONT,,", PHONE INnw. 'OINT. INC, '0062 ","SCH" OR", GRASS '<li£Y, "PO'" TI" 50"", (5>0) 477-7'" lHE ,"",IS GOOU' 16S BE""' smEET, SUITE 5300 "" f""~SCO, ","FO"'" 94107 ""CAlL 5OH""""H," (415) "'1-3850 CeNT"", ,"ONE, PROPERTY INFORMATION UTILITIES-ELECTRICAL: CONSULT,,"S ","E ","OC.... '"0 E"""" PHONE, (800) 743-5000 OWN,", ""'ESS, "EOEE"," LUTH"'" CHURCH Of S,J, ",0 S, STtWHG "" CUPER'IINO, CA 95014 "WN lEL1HO'" (-) 253-5152 .,,5 SQ. FT. S-2 lYeE '-N OJ T.B.O. 3T IB' 41,"" N 121'O2'26.74"W "B-25-O4' fAC"" IS UN""NEO ,"0 NOT fO" HU"" ","",nON. HANDICAPPEO ACCESS NOT REQUIRED. CONT,,", 'HONE, MEA Of COOsmUCT1ON, ceCUP,""" TIPE, CONSTRUCTION lYeE, CU,,"ENT ZONING, ZONING ""'""TION " LATlTUOE LONGmJOE, ,",N" HANOI'" REOUIR"',"", UTILITIES-T_ELEPHONE: CONSULT,,"S ""'E PNONE, SBC (800) 750-23" PROJECT SUMMARY PROJECT TEAM TITLE SlG"'TURE 0.<11, SP",NT "EPRE"N""" SPRINT Rf ENGIN,," om: OWNER APPROVAL LIST OHm O,"C.PIION "EV, T1 TITLE SHEEI ' LS-1 om: S;J""" 2 LS-2 SlTESU""" ' A1 om: "'" 2 A2 EQU""'" """LAN, ""'N.< '"0 EQU"'E" LA"'UT , A3 """lIONS 2 A4 ocr.LS 2 'OSUED FO", SHEET INDEX 1100% ZONING REV DO NOT SCALE DRAWINGS CONTRAC1OO SHAll. """EY oW. ,L>HS '"0 EX""NG "MENSIONS "" CONOITIONS ON lHE JOB om: "'0 SHoW. "",",lEL' NOTIfY THE AACHm:cr . ",mNG Of "" DlSCIIEP""'" BE"RE PROC"'"NG WITH THE WORK OR BE ","PONS,B" "'" ","E, GENERAL CONTRACTOR NOTES -Â-~ . -.. Liprmt "80 SPRINT PI\RKW^, """RLANO PARK, KANSI\S 66'" £AFL Telecommunications W'",,""'~'C",'NC 167 lECHNOLOGY OR, ,...,N[, CAlJFORN~ 92616 Office (530) 263-4339 fox (4'5) 495-6277 MSA CA~ht""",~"""'n'..."" ':'.:.":~=:;;":.~::. ':~~':;"":."-"':'::=;:' w_._..",- PROJECT NO, DRAWN BY, SF60XC824-A EP,\C CHECKED BY, RZ ° "'iD'/O4 """""" I "'/'lJ/O4 """""'" , "'/03/04 """""""",,, ",v D"E OESO""" .",""^""" Of""""""","",,, "'W,"Ii'f".~~ ~N "'...."" MS """"'". REDEEMER LUTHERAN CHURCH SF60XC824-A 940 S, STELLING ROAD CUPERTINO, CA 95014 SHEEr nTLE TITLE SHEET ( - T~U"1 ] ¡ ~ ¡g I !I! ~ ~æ ~!!¡1< ~'j' ;: ~ <i :~ ~S!~~ "'~ '" "'... ~"13 ~;::: ~ha: I i ; ¡j ~ ~ ! ~ ~ ~ ? ~ ~ Ii z 0 .. -' . ~~ ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - ~ ~ ~ ~ . ~ ~ I . ~ ~ ~ h~ (I~ ~ v ~~~~ <ILl ~¡¡~ ~;I~ .J.¡!:i5~m5 !i ~ ~3Q:;:¡('j~ g ~ -. m xffi~¡;¡ô3 ~ ~ ~~;. g:::lio.;~~ ~ Io! ~.~. "-:::Ii ~w!Z ., <"< UlILI m~¡j ~I- ~ " i ~ ~ m ~ ~ I ~ ì ~ ~, I Q § \1 i S;ii~ ~Uh:nhla~n i IIII 'Yl,"~-.a~~d ~ ~ ~ ."""~ ; ~, .~/¡ I ~ I ~ I I :i j. o¡.~ o.JJ ~' ~- I LEGAL DESCRIPT1ON LOT T OF ""CTNO _AS RECORDED IN IlOO/( 551 OF MAPSAT PAGE 21, SANTA ClARA Cowry RECORDER ----------TTJP CROSS <0.7 AGL -------_JflX CROSS J7.6' AGL -------_--C/i IIIO<CE 21J.S' AGL (I)-" " Ð 1<: II '~ ---------4'1111O<CE 26.S' AGL --------_TTJP StlPPO/(T 'S". AGL 8O/1T) CROSS 40'-=" N4.... VICINITY WAP, (N.T.S.) TOWER ELEVATION NO SCALE ,..4 ACCURACYCERnFICAnON .L£WD ~Æ~_,œ~,- =~- - _w_~ ~, ~~ =~~'_U~~ """""'0_' """""'IN: EJBmæ IN: EJBmæ "" """""'" lMES FENŒ -- ""'... SfREETSIIIIi SURVEYNOTES :;"":,,_":;;";:;"';;';"""'~~"""'- ~ E-- q ~ X ,. " '" '*" '" .. ... SfREETU1JHT .... WI< -- """IN: ...IT,... -FNEIT- "'IT- -IT- """"'IT""" ',"un~'_"""""""_~"M'aE"noN'_~~" u_,' ,"~""., ,~ ',"nU'w z'" -, ~nON """'" ~~ - 'ffN CONP<ED """ RffœD .." ;::'==:;:,;::~~~_......_~~ "'Æ~œ.o"""'ŒŒUBER""" ='~= ::::: , "'"""""""'"""""".Na""""""""'Æ'NO~_""",- "WÐMEÆÇAN"_""""='W"""""'~""""nnERE<A'" ~NO.waW<DN"""""""""""""""""~"",~.., ~"'"",,"~--""""""""-'.K""",~,C£ '=nNO_"'~""""""""""""~,",,,-- """"""'""""""""""""'" -~ITg-~-~~-"=,,, ~~Æ' ."""n.~- .~,- ._"'~""'-' ~~ . ---... ~prmt 6580 SPRI., P--AY O\1ERlANO P,"', Ko\NSAS 66251 /N/RAL paw!, tHe. 10062 JOfJ/SŒ/Œ DRII£ GRASS VALlEY. CA. 95945 P1'ff (~) :¡!-"6rk7 PROJECT "" DRAWN BY. SF60XC624-A CHECKED BY. COP TFS , "1"1'> ......--... ... "" """""'" "..~~~~""'-....... '~ ,"*~="" SF60XC824-A REDEEMER LUTHERAN CHURCH 940 S. STlliJNG RD. CUPERnNO, CA 95D" SANTA CLARA COUNTY SHŒT mu: SIIE SUR\£Y DETNLS LEGAL DESCRII'TI!»I [ ~ŒT ~:"9~J r------------------------- . "...."U"", .m_._._.-.-e- I i I i i I i I i i ! I ¡ i ¡ i i . ~ 0 ~ ø z ::1 ""' ¡¡.¡ ... rn {Q SIDEWALK PROPERTY UNE (' ' (---- -~~=~-~ ~:-,:-=J ~:::::::- ~-~_:~ I P.U.E. EASEMENT I I I : I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L ~~--=---~=~---::~:;~~-----~=~---=-~- §I /:1 ;¡ r"-~J / SECTOR 'C' AZIMUTH 2400 TRUE NORTH A1 SCALE. 1/16"=1'-0" OVERALL SITE PLAN ---------------------- --------------------------------- I -----------------------------------------------------------~ (E) MAIN CHURCH BUILDING 8 õ' i'; ~ ~ I ¡¡¡ 'w !e, PROPOSED CONCRffi PAD EXTENSION (BY SPRINT) ]:? I PROPOSED SPRINT EQUIPMENT I CABINETS MOUNTED ON A I CONCRETE SlAB AT GROUND LEVEL WITHIN A 15',25' LEASE AREA I 20'-3" , I ~ '-\::::)!.kl L.:l',tW(;ìJ ~~ "~,X . J I - ~----].'~-' ".'þ . ~:' - .J, -'-:._~----.... . ( .t::oJ, .. .'" ""... - .. ,) ~(-\, . \ .-J --'-~"-~.7-'~~--~'-"-"'" -~.~ --.....-.,;--- -..J" . . ", . c, .. . :: PROPOSED SPRINT COAX '-'" .C+. ,.,.. ,'- U,G. ROlITE IN TRENCH 7- 'PROPOSED SPRINT POWER ----./ AND TELCO ROUTING (E) TREE, TYP. UNDERGROUND WITHIN A 5' WIOE UTiUlY EASEMENT (APPROX. 10') I ~I ::J, II ::" I I ...Â-. ~ . -.. dprmt 6580 SPRINT PARKWAY OVERLANO PARK, KANSAS 6625' £AFL Telecommunications w"""""~'c".',,, 167 TECHNOLOGY OR, I",,"E. CAUFORNIA 92618 Office (530) 263-4339 fo> (415) 495-6277 MSA =""""~"P"nn'...'ne. 'n~"_,"*D'. ..",..'~~M'" ,:~~~"~--::::::.~ w~, _-øp,=m PROJECT NO. Sf6DXC824-A EPAC DRAWN BY. CHECKED BY. R2 0 "tœ/o< ...""". , 00/"10< '000"" 2 "I"{o< '000""""'. "" """ """"""'" IT" A ""'An", ~ """"'"" """'". ""1W A'"~~~~~ REDEEMER LUTHERAN CHURCH SF60XC824-A 940 S. STELLING ROAD CUPERTINO, CA 95014 SHEET TITLE OVERALL SITE PLAN SHEET NUMBER A-1 * Sprint 55ao SPRINT P""-KWAY OVERLAND PARK, KANSAS 66251 w " 0 '" i'5 ¡¡¡ .M.AFL Telecommunications w"m,,"~""""". 167 TECHNOLOGY OR. ""NE. CAUFORNIA 92618 om,. (530) 263-4.139 Fa, (415) 495-6277 "', MSA 'Are""",,~ .. ...........:¡~ ,~"""._."~"'. s.",..,~,""'M .::'::":;":.'...o...~:::':::=" _w. _-ap.~m 2 ANTENNA PLAN A2 SCALE, 1/2"=1 20'-3" SF6DXCBZ'-A (PAC RZ PROPOSED SPRINT COAX U.G. ROlfTE IN TRENCH PROPOSED SPRINT POWER ANO TELCO EQUIPMENT D 03jœ/04 """"'" , 03/1J/04 "" ""'" 2 œ¡O¡/04 ,...""""". ",v "'" """""" i'5 ¡¡¡ " z '3 ¡¡; ----- 'w ;:s ;,,!!i - ~ PROPOSED SPRINT POWER AND TELCO ROUTING UNOERGROUNO WITHIN A 5' WIOE lfTllilY EASEMENT (AP~~)OX. IS') '."""'OON """"""'" """'". """""" """""""'"'"""""""'" '" , ":ii";;%. ~=~."""- EQUIPMENT AREA PLAN EQUIPMENT LAYOUT PROPOSED SPRINT GPS ANTENNA ON UNISTRUT SUPPORT PROPOSED SPRINT UNISTRUT CABLE SUPPORT PROPOSED SPRINT PVC CONOUIT REDEEMER LUTHERAN CHURCH SF60XC824-A 9'0 S. STELLING ROAD CUPERTINO, CA 95014 10'-4" PROPOSED SPRINT COAX U.G. ROUTE IN TRENCH 25' LEASE AREA SCALE, 1/4'=1'-0" SHEET NU"aER SHEET llTLE EQUIPMENT AREA PLAN I ANTENNA & EQUIPMENT LAYOUT SCALE, 3/16"=1'-0" A-2 FINISH GRADE .. ¡Lj 'lie. z ~ 0 0 z 0 '" í ij ~ ~ OJ õ;¡ ~ 1; ~ >- æ (P) LOCATION FOR (N) CROSS (E) CROSS STRUCTURE TO BE RAISED TO 55'- PAINTED TO MATCH (E) COLOR PROPOSED SPRINT PANEL ANTENNAS (1 PER SECTOR, 3 SECTORS TOTAL) MOUNTED ON (E) CROSS STRUCTURE IN AN RF CLEAR ANTENNA CONCEALMENT (E) TREE, ¡YP. r(E) BUILDING Ç2~.- -- .. .- é~ .' ..~- C:Y':e;:t:""'CC,{:",;' '--"--"--' --"--""-"---' 1 A3 SCAlE, 1/8".1'-0' WEST ELEVATION (E) BUSHES, ¡YP. PROPOSED SPRINT EQUIPMENT CABINETS MOUNTED ON A CONCRETE SLAB AT GROUND LEVEL IN A 6' HIGH FENCE ENCLOSURE WITHIN A 15',25' LEASE AREA FINISH GRADE (P) LOCATION FOR (N) CROSS (E) CROSS STRUCTURE TO BE RAISED TO 55'- PAINTED TO MATCH (E) COLOR PROPOSED SPRINT PANEL ANTENNAS (1 PER SECTOR, 3 SECTORS TOTAL) MOUNTED ON (E) CROSS STRUCTURE IN AN RF CLEAR ANTENNA CONCEALMENT (E) TREE, 1YP. CD S~~;/8,:~;VATION (E) BUSHES, 1YP. ...Â-. (.1 . ~ ¡Jprmt 6580 SPRINT PARKWAY OVERlANa PARK, KANSAS 66251 >- r " ~ JlAFL Telecommunications w"m"""'Œ','~ 167 TECHNOLOGY DR. IIMNE, CALIFORNIA 92618 Off',. (530) 263-4339 Fo< (415) 495-6277 MSA ....¡¡¡.....~.. "".....1~, 'N""",_",,~, ""'"--,~"", ,:~~'~'"- "'::~~;':'~ w~, --ap.~m PROJECT NO. DRAWN BY. SF6aXC824-A EPAC CHECKED BY, RZ 0 "/00/" """'" , "/29/" """"'" , "'!OJ/" """""RfY. "'" "'II' """"""'" bl~ -ìJ :" .,~ IT" """'noN" "" "" "" """"", """ '""..., """'"""'" """""""'" """"""""""""""' """'"', 10""" "" """.00. REDEEMER LUTHERAN CHURCH SF60XCB24-A 940 S. STEWNG ROAD CUPERTINO, CA 95014 SHEET 11TLE ELEVATIONS SHEET NUM8ER A-3 3 SECTION A4 SCALE, ""'-0" (P) COAX RUN WITH IN AN CONCEALMENT ON CROSS LEG 4 SECTION A4 SCALE, 1':1'-0' (P) COAX RUN WITH IN AN CONCEALMENT ON CROSS LEG 5 SECTION A4 SCALE, 1""-0" (P) SPRINT '/.' THK. FRP ANTENNA CONCEALMENT, P.oJNT TO MATCH (E) (p) L.,.,,/." (P) L.,.,,/." (BELOW) (P) SPRINT 1/'" THK. FRP ANTENNA CONCEALMENT, PAINT TO MATCH (E) (P) CROSS SUPPORT BRACING (P) SPRINT PANEL ANTENNA (P) L.,.,,/." (P) 1/'" THK. SHEET METAL PUITE (E) CROSS SUPPORT BRACING (E) L.,.,,/." >- I " 'j! ~ ~ ';i 0 '<L jg "' "' 0 '" U 'w l' "' w '" ~ ~ 0 W 0 Z W >- X W l' ~ (P) SPRINT 1/'" THK. FRP ANTENNA CONCEALMENT, PAINT TO MATCH (E) (P) SPRINT PANEL ANTENNAS W/ IN AN FRP CONCEALMENT PLAN w z :J I "' z z w >- ¡¡ 0 í ~ i:k;,J( PLAN (P) LOCATION FOR (N) CROSS (P) MOUNTING PUITE FOR (E) CROSS (_----mm_-1 @ i ¿ i (P) LOCATION : '~FOR (N) CROSS (p) SPRINT ,/." THK. FRP ANTENNA CONCEALMENT, PAINT TO MATCH (E) w '" " >- U " ~I~ Š 'c " 'j! (p) SPRINT PANEL ANTENNAS W/ IN AN FRP CONCEALMENT ~ ~ w z ,ê oz ítJ ~~ ~ (P) SPRINT COAX INSIDE CROSS STRUCTURE <L jg (p) SHEET METAL PUlTE, PAINT TO MATCH (E) w ~ gl~ ~ ¡;¡ 8 (P) L"M/'" ANGLE ENLARGED ELEVATION SECTION SCALE, 3!4'=1'-{)" TOWER ELEVATION PROPOSED SPRINT COAX U.G. ROUTE IN TRENCH , , " ì ~~ -..,. ~print 05BO SPRINT PARKWAY OVERLAND PARK, KANSAS 66251 ~ AAFL Telecommunications w"""""~'c,,.,~. 167 TECHNOLOGY DR. I"'NE, CAlJFORN~ 926" Office (530) 263-4339 fa, (415) 495-6277 z MSA 'A~h"""'~"P"nn'....I~. ':'.~~~.';=.:;:':.:::. ,::-~,;"::""--~~;:;.:'- W_.-.....e~ SF60XCB24-A [PAC RZ , 03jœ/04 ,"'",'" , 03/29/04 """"""' , 05/OJ/04 """"'"""". "'" "" """"""'" .""""-,,m, " "" ""'"""""". """" """ AAE """"" ""'" "'E """'" '" ",,"'EO '""""""'" """"". ro..."" "'. """"""'. REDEEMER LUTHERAN CHURCH SF60XC824-A 940 S. STELLING ROAD CUPERTINO. CA 950" SHEET TITLE DETAILS SHEET NUMBER A-4 I CUPEIQ1NO Parks and Recreation Department STAFF REPORT Agenda Item Number ~ Agenda Date: September 7, 2004 Discussion of the Cupertino Historical Society's (CHS) proposal to convert the Stocklmeir residence into an office and exhibit space for the Society BACKGROUND At a City Council meeting held on February 2, 2004, the City Council adopted a resolution expressing intent to enter into a long term, no cost, lease agreement with the CHS for renovation, occupation, and management of the Stocklmeir property, and the historic barn and blacksmith shop at McClellan Ranch, upon reaching fundraising goals. The CHS has indicated an interest in using the Stocklmeir house for their administrative office with exhibit space, much as they use the current space at the Quillian Community Center. Staff has advised the CHS that the proposed use is inconsistent with current land uselzoning designations. A General Plan Amendment is needed for the Stocklmeir property, from General Plan designation Very Low Density Residential to Parks, and from zoning designation Agricultural to Public Park/Recreation, to accommodate the CHS. Cupertino Municipal Code, Section 20.02.025, requires City Council authorization prior to initiating consideration of a General Plan Amendment. Staff believes that there is sufficient cause to consider an amendment to the land use map of the Cupertino General Plan to change the land use designation of the parcel from Very Low Density Residential to Park. This would be consistent with the other City-owned parcels in the Stevens Creek Corridor. Likewise, rezoning the parcel from Agricultural to Park provides consistent zoning on the City-owned property. This issue is being raised at this time because the CHS is commencing its fundraising campaign for improvements to the house. (~ -I P,;n'ed on Recyc'ed Pape' September 7, 2004 Page 2 of2 RECOMMENDATION There is no action required at this time. This item is on the agenda for discussion only. If the Council would like to initiate a General Plan Amendment zoning change, staff would initiate the process at the next meeting. Respectfully submitted: / ì'vf~ Therese Ambrosi Smith, Director Parks and Recreation Department ~ David W. Knapp, City Manager c:\documents and settingslmariepllocal settingsltemporary inremet fileslolklf\O90704 gp staff report 2.doc 110 - J- C F CUPErQ1NO Perk< enn R"rr"etion j)"pertm"nt STAFF REPORT Agenda Item Number $ Agenda Date: February 2,2004 SUBJECT Adopt Resolution No. 04-12:Lexpressing intent to enter into a long-term, no-cost lease with Cupertino Historical Society (CHS) for renovation, occupation, and management of the Stocklmeir property and the historic barn and blacksmith shop at McClellan Ranch Park, upon reaching fundraising goals. BACKGROUND Historic interpretation emerged as a goal for Stevens Creek Corridor Park during the communitywide visioning exercise conducted last year. The CHS's Board of Directors has directed their Executive Director to move forward with plans for a history center at the Stocklmeir house, and exhibits and programs at the barn and blacksmith shop within McClellan Ranch. To implement the vision, CHS desires to renovate the facilities. CHS's plans are consistent with the community vision for Stevens Creek Corridor Park, City Council goals, and the McClellan Ranch Park Master Plan. Members of the CHS have indicated that they want to partner with the City in providing a cultural history component to the natural history offerings currently available at McClellan Ranch. The Executive Director has forwarded the attached proposal for Council's consideration. CHS will hire a capital campaign consultant who will begin to develop a capital campaign plan for approximately $4 million. CHS will raise funds for the renovation of the facilities over the next three to five years. The capital campaign plan may identify phases for implementation of the overall plan. For example: CHS may determine that renovating the barn as a first-phase project may build momentum for the rest of the campaign. Critical to CHS's efforts is an assurance from the Council that they will be able to enter into a long-term, no-cost lease for managing the facilities for historic and other educational purposes after the funds are raised. Christine Jeffers will be at the meeting to address the Council and discuss her Board's vision and plans. Staff and CHS requests that the Council adopt the Resolution next in order expressing intent to enter into a no-cost, 30-year lease with CHS for use of the facilities, after the funds are raised. /6 - 3 Plinted on Recycled Papel January 5, 2004 Page 2 of 4 STAFF RECOMMENDA nON Adopt the Resolution next in order expressing intent to enter into a 30-year, no-cost lease agreement with the Cupertino Historical Society for renovation, occupation, and management of the Stocklmeir property and the barn and blacksmith shop at McClellan Ranch upon achievement offundraising goals within the next three to five years. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: ~ ~ Therese Ambrosi Smith, Director Parks and Recreation Department David W. Knapp City Manager G:IParks and Recreation AdminIH;stor;cal SocietylCHS lease staff report & reso.doc f~ -1 RESOLUTION NO. 04-259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO EXPRESSING INTENT TO ENTER INTO A LONG-TERM, NO-COST LEASE WITH THE CUPERTINO mSTORICAL SOCIETY TO OCCUPY AND MANAGE mSTORIC STRUCTURES WITHIN THE STEVENS CREEK CORRIDOR UPON ACHIEVEMENT OF FUNDRAISING GOALS WHEREAS, the City of Cupertino conducted a communitywide visioning exercise to plan for the future use of its properties in the Stevens Creek Corridor; and WHEREAS, there was community consensus that the area was important for historic interpretation, with special note given the Stockhneir site and the historic buildings at McClellan Ranch Park; and WHEREAS, the Stocklmeir house was formerly the home of Louis Stockhneir, the founding father of the Cupertino Historical Society, and the Cupertino Historical Society desires to renovate the house for historical purposes; and WHEREAS, consistent within the McClellan Ranch Park Master Plan, the Cupertino Historical Society desires to renovate the barn and blacksmith shop; and WHEREAS, the Cupertino Historical Society's Board of Directors is ready to move forward on a capital campaign to raise funds to renovate these structures; and WHEREAS, commitment from the City Council that the Cupertino Historical Society will be allowed to renovate, occupy, and manage these facilities for community purposes is essential to the success of the capital campaign; and . WHEREAS, the Cupertino Historical Society intends to raise the necessary funds over a three to five-year period from commencement of the capital campaign. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby states its intent to lease the Stocklmeir property and the large barn and blacksmith shop at McClellan Ranch to the Cupertino Historical Society for a period of twenty (20) years with a 10- year extension at no cost contingent upon completion of a capital campaign to raise funds to renovate the facilities, and upon presentation and approval by the City Council of a management plan that makes these facilities available to the public. Should the campaign be successful in raising funds for a single structure, the Cupertino Historical Society would then request the authority to move forward with a first-phase renovation in order to build momentum for the Center for Living History. BE IT ALSO RESOLVED that the City Council expresses its support for the Cupertino Historical Society's efforts to create the Center for Living History in Stevens Creek Corridor Park. ¡(p-s- Resolution No. 04-259 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of February 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: James, Kwok, Lowenthal, Sandoval, Wang None None None . ~ Ci~; APPROVED: ~~~ ATTEST: IG ~~ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 Fax: (408) 777-3333 I F CUPEIQ1NO DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM /1 AGENDA DATE September 7. 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04- I..f ~ , approving a rural designation to eliminate the requirement for sidewalks, curbs and gutters and streetlights for Ricardo Road pursuant to Ordinance No. 1925. BACKGROUND Within the City of Cupertino, there are a number of pockets of residential developments that lack the current City standards of curbs, gutters, sidewalk and streetlights. As each property comes in to obtain a building permit, whether it is a remodel or a new residence (homes, apartments, town homes), the City standards are applied towards each site as it has been constructed throughout the City. Within the past year or so, a number of property owners and neighborhood residents have raised concerns over the current City standards applied throughout the City when new development occurs. These individuals requested that the rural integrity of the neighborhood not be compromised with concrete and street improvements. After receiving a number of requests for exceptions of the City requirements, on October 6, 2003, an ordinance was presented to City Council to amend the City Municipal Code by establishing criteria to be used for modifying street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. Ordinance No. 1925 was enacted on October 20,2003. Property owners along the frontages of Ricardo Road have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalk, curb and gutter and streetlight requirements. As required, over 2/3 of the property owners have signed in support of this item. Currently, there are no sections of City recognized sidewalk improvements along Ricardo Road. In terms of safety, this street is not recognized as routes to school. This street is not used as cut- through route to other parts of the City. P'inted on Recycled Pape' 17 - { In addition, there is only one area of curbs and gutters established along Ricardo Road. This improvement does not cause any drainage issues for the neighborhood. Adequate drainage along the street and in the surrounding area exists. Finally, there are no streetlights currently on Ricardo Road. In terms of safety, the waiving of streetlight requirements would not contribute to an unsafe condition for traffic, pedestrian travel and security within this area. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 04- L{ðO, approving a rural designation to eliminate the requirement for sidewalks, curbs and gutters and streetlights for Ricardo Road. Submitted by: Approved for submission to the City Council: WL David W. Knapp City Manager ~(L(. r/ Director of Public Works f7-J- 7 . <(z ~ ~,/' ~ O~tV. .... 'i>(~ ...... ~.r\. ~1<... ~-1~" ~S' N ~ co Q) l.- e:( I F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM IE September 7.2004 AGENDA DATE SUBJECT AND ISSUE Review of bids and award of contract for the Safe Routes to School Cycle 3, Project No.2004- 9544, to Joseph J. Albanese, Inc., in the amount of $185,463.90, and approval of a construction contingency in the amount of up to $30,000.00, for additional work that may be determined necessary by the Director of Public Works, for a total of$215,463.90. BACKGROUND This is the first of two phases of the Safe Routes to School Cycle 3 project. The goal of the project is to reduce traffic conflicts through experienced application of traffic calming practices, making pedestrian and bicycle routes to the schools safer and more inviting. This phase includes work on Cupertino High School property to provide drop off zone improvements, completion of a section of missing curb, gutter and sidewalk on Finch Ave. across from the school, and various traffic calming features on Finch Avenue, such as small islands and striping. The second phase of the project will include pedestrian and bicycle oriented improvements along the student routes to Sedgwick Elementary School and Hyde Middle School. The total estimated cost of the two phases of this project is $450,000.00. The state, through a Local Assistance Safe Routes to School program grant, is funding $405,000.00 (90%) of the total project, with the City supplying matching funds of $45,000.00 (10%). The 2003-2004 Capital Improvement Project budget contains a total appropriation of $500,000.00 for this project in Account No.420-9544. The estimated cost of this first phase of the project is $189,000 as shown in the table below. The following is a summary of bids received for the referenced project: Bidder Joseph J. Albanese, Inc. Engineer's Estimate Sposeto Engineering, Inc. Base Bid $ 185,463.90 $ 189,000,00 $ 220,654.00 Printed on Recycled Pape, It-I I CUPEIQ1NO City Hall 10300 TorTe Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 OFFICE OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. / q Meeting Date: September 7,2004 SUBJECT AND ISSUE Renewal of the Law Enforcement Contract with Santa Clara County for the ten-year period 2004/05-2014/15. BACKGROUND Attached is the proposed contract between the City of Cupertino and the County of Santa Clara for general law enforcement and emergency communication services. The term of the agreement is for ten years with an option to renew for an additional five years. The contract calls for armual increases based on the percentage increase in total compensation provided to patrol deputies or the consumer price index for urban wage earners (CPIJW) plus 2%, whichever is less. In addition, the City will pick up the additional PERS costs for the patrol deputies. This modification was necessary in order to accommodate the large increase in retirement benefit costs under the PERS system. Other contract changes include the cost sharing for the new Westside Station. The County is currently negotiating space at the south end of DeAnza Boulevard in the former AAA building, and annual increases to the City will range from 3% to 5% as set forth in the lease agreement. As in the past, the Sheriffs Department and City management will meet and approve a service delivery plan which sets forth the level of law enforcement services and costs of those services each year. This provides the City with the option of modifying its enforcement based on changing community needs. RECOMMENDATION: It is the staff recommendation that the City Council approve the contract for law enforcement and emergency communication services for the ten years ending June 30, 2015. Submitted by: AP~ ~bmission: David W. Knapp City Manager ~ a ûlwMd Carol A. Atwood Director of Administrative Services Printed on Recycled Paper { 1-1 LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as "County," and the City of , State of California, hereinafter referred to as "City." WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the marmer hereinafter provided; and WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and City desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follow: I. LAW ENFORCEMENT SERVICES A. B. Law Enforcement Services 1. Within the corporate limits of City, County shall provide police protection through its Sheriffs Department as may be required by City and as within the capability of the Sheriff to provide. Services to be performed under this section(A)(1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached. 2. The rendition of such services, the standards of performance, the discipline of officers, and other matters -incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section(A)(1), the Sheriff or his/her designee shall meet with the representative(s) of City to review the marmer of performance of such services. Supplemental Services 1. Within the corporate limits of City, County shall, through its Sheriffs Department, provide supplemental services as requested by the City. The cost of such services shall be at the rate set forth in Exhibit A. Services to be performed under this section(B)(1) shall be provided exclusively within D. the City limits of City except in an emergency. These services may include, if requested by City, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide. 2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of City. 3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the City prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty (60) days written notice by either party. City may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services. 4. Regional assets shall provide services to City on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol. c. Supplemental Reserve Services These services are provided by reserve deputy sheriffs. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by City and approved by the Sheriffs Office. Plan for Service 1. Prior to April of each contract year City shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. If City fails to request a specific level of service of the coming fiscal year not less than thirty (30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed 30 days. 2. In April of each contract year, City and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. E. Assignment and Transfer Policy Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to City for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred in by the Sheriff. Special Assignment personnel (e.g. SRO) shall be assigned to Ci,ty for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred in by the Sheriff. F. Designation of Chief of Police If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits City from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not affect the authority of the Sheriff to control and direct employees of this department in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement. G. Disaster Contingency Plan 1. In the event of a major disaster that necessitates the activation of an Emergency Operations Center in City, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager). 2. Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available. 3. A predesignated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities. 4. The predesignated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services. 5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by City. H. II. Criminal Justice Administrative Fee County shall provide booking and processing services to those arrested persons within the Corporate limits of City, and who are brought to the County jail for booking or detention as set forth in a separate agreement. I. Communication Services The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriffs department and City's operations. Services will include 24 hour per day 9-1-1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures. COMPENSA nON A. Compensation for Law enforcement Services Provided by Sheriff 1. The City shall compensate the County utilizing the 2004-05 base rate established for general law enforcement and county communications (hereinafter"law enforcement"). The parties agree that the armual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation (exclusive ofPERS) provided to all patrol deputies of the Sheriffs department as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the February to February Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter "CPI/W") plus 2%, whichever is less. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPIJW plus 2% for the ten year agreement. In addition, the city agrees to absorb the percentage increase in actual County PERS costs, adjusted by PERS for averaging. For PERS contributions due in one year and deferred to future years under PERS averaging, the PERS amount deferred shall accrue interest until paid at the rate of 8.25% (same rate charged by PERS to the County). These contractual costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. 2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, City or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. City or Sheriff shall review any such proposed modifications but is not obligated to approve them. If City B. does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. City is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the City. 3. In those years during which a contract is to be negotiated behyeen the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the average CPI/W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify city of any increases in rates resulting from the new contract terms, within thirty(30) days of the date of such contract resolution. For years in which compensation is increased in a multi-year contract, the armual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement. 4. County shall specify to City, not less than sixty (60) days prior to the start of City's fiscal year the new projected budget annual contract amount. 5. a. City shall compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the City. Activity and Patrol time include those categories identified as Codes 671 through 674, 682, 846 and 847c. Additionally, County shall charge city for meal periods, "beat preparation" time and "securing from beat" time at the rate of ten percent (10%) of the above- referenced hours. b. "Activity" and "Patrol" times are identified through the County Patrol Activity Network Analysis (COP ANA) and Patrol Activity Report (PAR). A listing of items and their designations as "Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. Supplemental/Reserve Service 1. Compensation for all services within Sections LA., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five (5) rates per hour of service: c. a. Primary Rate. This rate is calculated to reflect the average full cost of operating a Sheriffs patrol vehicle. b. Supplemental Day Rate. This rate is calculated according to the cost of operating a one-person Sheriffs vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. c. Supplemental Night Rate. This rate is calculated according to.,the cost of operating a one-person Sheriffs vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rate. This rate is calculated according to the cost of operating a two-person Reserve Deputy Sheriff s Vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in exhibit A. Base Rent and Operating Costs of Wests ide Substation 1. City and County shall share the costs of renting and operating the Westside Substation as follows: a. The City's share of the base rent and operating cost will be based upon the lease agreement between the County and Limar Realty Group dated -' 2004. The monthly base rent will increase 3% each year commencing November 8, 2005 and City shall be responsible for its share of this base rent increase. City shall be responsible for any increase in operating expenses and real estate taxes allocated to the building to the extent that such expenses exceed costs incurred in the 2004 Base Year. Yearly increases in controllable operating costs( other than insurance, taxes and utilities) shall be capped at 5%. These operating costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. The City's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COP ANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year. b. City shall pay to County monthly that portion of the substation operating costs attributable to City. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in ILC.l.a., shall be mutually agreed to by the parties to this agreement. c. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent, janitorial services, minor repairs, and utilities and all other costs the County is req,uired to pay under the lease agreement for the substation.. d. Prorata share to City for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement. D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300.470. E. Method of payment for all Services Compensation for all services shall be paid by City to County in the following marmer: 1. The City shall pay to County an amount equal to one-twelfth of the armual projected budget amount as calculated in Exhibit B.. First payment is due on the tenth day following the last day of each month of the contract year. 2. Adjustment to the law enforcement armual projected budget-amount shall be performed every three years after the initial year of the contract as follows: a. The difference between the actual cost of police services for the previous three years, as shown by the COP ANA report and the amount actually paid by City to County for those services shall be added to, or subtracted from, the amount paid for the prior three years. b. Other police services not included in COPANA Reports shall be reconciled every three years for those specific services. 3. Payments, or any portion thereof, not made by City to County within thirty (30) days of the due date shall accrue interest at the rate of ten percent III. REPORTS A. IV. (10%) per armum until paid. Interest so accrued shall be payable to county on the last day of the month in which it accrued. 4. By September 30 following the end of each of the contract reconciliation years, County shall provide to City the COP ANA report for the entire contract years. If the amount actually paid by City to County exceeds the cost of law enforcement services and operating costs of Westside Station as set forth in the COP ANA report, County shall pay to City the amount of such excess by October 1 following the end of the contract year. Within twenty-one (21) days of receipt of such final COP ANA report, city shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COP ANA reports for the contract year, exceeds the amount actually paid by City for such services. For purposes of calculating the final amount due to County from City, City's credit for the amount actually paid by City shall not include any interest paid by City due to late monthly payments. Monthly Reports 1. County shall provide to City on a monthly basis report(s) on the incidence of crime and "activity" and "patrol" hours expended within City. Said report(s) shall differentiate between "law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and City. 2. County shall provide such month end reports to City within thirty (30) days of the last day of that month. 3. By September 30 following the end of the contract year, County shall provide to City the COP ANA report for the entire contract year. 4. Special additional reports requested by City may be provided at cost. HOLD HARMLESS CLAUSE A. B. The County shall indemnify, defend, and hold harmless the City, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the County and its employees set forth in this agreement. The City shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the City and its employees set forth in this agreement. c. This mutual indemnification agreement is adopted pursuant to Govemment code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895.6. V. INSURANCE AND LIABILITY County and City shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance ofthis agreement. VI. TERM OF AGREEMENT This agreement shall become effective on -' and may be terminated without cause by County or City upon the giving of one-hundred and eighty (180) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a term of one hundred and twenty (120) months until -' subject to any modifications which are made in accordance with the terms and conditions of this agreement. If City elects to terminate this Agreement prior to the expiration of the ten-year term, the City shall nonetheless pay the full amount of its pro-rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the Westside substation. At the expiration of this ten (10) year contract, this contract can be renewed for an additional five (5) year period upon written notice of renewal by City and the County to the other parties at least one hundred eighty (180) days prior to the expiration of this contract. COUNTY OF SANTA CLARA Date: By: Pete McHugh., Chair Board of Supervisors ATTEST: Phyllis Perez, Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: David Kahn, Deputy County Counsel (Date) CITY OF Date: By: City Manager APPROVED AS TO FORM AND LEGALITY: City Attorney (Date) S: \Main \General Government\Kahn \Sheriff's Dept\Contracts \Final ContractCi ti es083 004 .doc EXHIBIT A PROPOSED COSTS FISCAL YEAR 2004-2005 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES GENERAL LAW ENFORCEMENT Proposed Hours - Activity 6,786.7 Proposed Hours - Patrol 4,438.7 900 Codes (10% of Above Hours) 1,122.5 Total Hours 34,598.0 5,321.0 19,014.0 12,347.9 Proj Costs FY 2004-2005 @ $117.04 $4,049,350 $622,770 $2,225,399 $1,445,198 SUPPLEMENTAL PATROL - DAYS: Proposed Hours 7,200.0 43.0 3,831.9 0.0 Proj Costs FY 2004-2005 @ $115.51 $4,967 $442,623 $0 Cupertino @ $115.11 $828,792 SUPPLEMENTAL PATROL - NIGHTS: Proposed Hours 2,080.0 0.0 2,000.0 0.0 Proj Costs FY 2004-2005 @ $117.55 $0 $235,100 $0 Cupertino @ $117.15 $243,672 INVESTIGATIVE HOURS: Proposed Hours 6,830.0 566.0 2,200.0 Detective Investigation: Average oflast 6 yes (Cup.& Sar.) 6,183.7 306.8 1,808.8 0.0 Proj Costs FY 2004-2005 @ $109.73 $749,456 $62,107 $241,406 $0 A-I 8/19/2004 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2004-2005 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES RESERVES ACTIVITY HOURS: Proposed Hours 1,650.0 22.0 340.0 200.0 Proj Costs FY 2004-2005 @ $34.19 $56,414 $752 $11,625 $6,838 OPERATING COSTS OF WEST VALLEY SUBSTATION: Est. Costs FY 2003-2004 Hours 43,878 5,364 24,846 12,348 86,436 Percentage 50.7636% 6.2057% 28.7450% 14.2857% Proj Costs July - Oct 2004 @ $106,560 18,031 2,204 10,210 Proj Costs Nov 04 - June 05 @ $327,795 110,934 13,561 62,816 Total Proj Costs of Substation $128,965 $15,765 $73,026 $0 SUBTOTAL COSTS: Proj Costs FY 2004-2005 $6,056,649 $706,361 $3,229,179 $1,452,036 PROJECTED SPECIAL SERVICES Projected Hours FY 2004-2005 1,803 Proj Costs-Cupertino Sergeant @ $74.64 $0 Proj Costs-Saratoga DARE Officer $0 $50,112 SCHOOLS RESOURCE OFFICER Proj Costs FY 2004-2005 @ $93.83 $147,875 $0 $130,478 $0 TOTAL SHERIFF LAW ENFORCEMENT COSTS Proj Costs FY 2004-2005 $6,204,524 $706,361 $3,409,769 $1,452,036 OTHER COSTS Proj Costs FY 2004-2005 $0 $0 $0 $0 A-2 8/19/2004 BOOKING FEES Proj Costs FY 2004-2005 RATES TOT AI. LA W ENFORCEMENT COSTS Proj Costs FY 2004-2005 TOTAL COSTS COMPARISON Proj Costs FY 2004-2005 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2004-2005 CUPERTINO LOS ALTOS HILLS SARATOGA UNINCORP. CITIES $118,002 $3,418 $22,927 $0 $6,322,526 $709,779 $3,432,696 $1,452,036 CONTRACT UNINCORP. CITIES AREA $10,465,001 $1,452,036 A-3 8/19/2004 Law Enforcement Contract Exhibit B Compensation for Services To calculate the armual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: I. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation (salary and benefits) at top step for a 40-hour patrol deputy. 2. At the subsequent July 1, the new total compensation amount (exclusive ofPERS) will be divided by the total compensation effective on the prior July I (exclusive of PERS), to derive a percentage change in total compensation. The armual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2004-05: Base Year 2004-05 costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2005-06 through 2014-15: Preceding Base Year Costs X Lesser of Percentage change in total compensation or CPI/W plus 2% (For years in which compensation is increased in a multi-year contract, the armual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPIJW plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs I CUPEIQ1NO Parks and Recreation Department STAFF REPORT Agenda Item Number ).0 Agenda Date: September 7, 2004 ISSUE Adopt the Cali Mill Plaza Special Events Policy. BACKGROUND On July 24, 2004, Cali Mill Plaza was dedicated and the first community event was held in celebration. The plaza was the result of an agreement reached during planning review between the property owner and the City of Cupertino. The City has paid for the public improvements, but the underlying property is privately owned. The cost of ongoing maintenance of the park (following this first year of warranty/plant establishment) will be borne by an association (the Association) of adjacent interests including: Monto Bello Condominiums, Symantec, City Center Apartments, Park Center Apartments, The Towers, and the Cypress Hotel. The agreement that provides for public use of the land also gives the adjacent owners veto power over an event they feel may be detrimental to their interest. The input of the Association is coordinated by the portfolio manager for Prometheus. The Association's commitment to funding ongoing maintenance does not extend beyond the "normal" level of maintenance associated with non-intensive use of the park. The cost of "event level" maintenance becomes the responsibility ofthe event organizer. Those using Cali Mill Plaza for events must ultimately pay full cost. An hourly rental fee for use of Cali Mill Plaza is not recommended, but rather it is recommended that event organizers pay all direct costs for use of the space. Parking can be rented from the Association for a negotiated fee. There is no free use of the garage. The scheduling of the park will be through the Parks and Recreation Department. Two weekends per month will be reserved days for tenant events. It is assumed that many special events will be coordinated through the restaurant, and they have requested some guaranteed timeslots to facilitate this use. An event plan must be submitted by the event organizers, and it will be reviewed and must be approved by both the City and the Association. The required level of insurance, Printed on Recycled Paper 2ö-1 September 7, 2004 Page 2 of2 damage deposit and operating details have been agreed upon by City staff and a representative of the Association. The notification of neighbors, 30 days in advance of a special event, is consistent with what is required at Memorial Park. The post event return of the security deposit will only be upon review and release by both the City and the Association. City staff and the representative of the Association have agreed to all terms of the attached policy for special events. With Council adoption of the attached policy, staff will distribute it to event organizers and make the community aware of the availability of Cali Mill Plaza for special events. RECOMMENDATION It is recommended that the City Council adopt the attached Cali Mill Plaza Special Events Policy. Respectfully submitted: ( r~mc.- Therese Ambrosi Smith, Director Parks and Recreation Department RvL David W. Knapp, City Manager 26-J- -. CUPEIQ1NO I DRAFT Cali Mill Plaza Community Special Events Policv PUl'Dose: To establish policies governing special events to be held at Cali Mill Plaza in the City of Cupertino. Definition of Special Event: A special event is one scheduled at Cali Mill Plaza, City of Cupertino (including events that are held in conjunction with Park Place Restaurant, the Cypress Hotel, or any of the surrounding business properties) that is likely to generate a crowd of sufficient size to obstruct or interfere with the normal flow of pedestrian and/or vehicle traffic, or require special accommodations. Policv: The City of Cupertino supports and encourages special events at Cali Mill Plaza. Opportunitv: The plaza is the result of a privatelnonprofit partnership, and is open from 8 a.m. to 10 p.m. every day. Due to the proximity ofthe hotel and residential units, special event hours are limited to 10 a.m. to 6 p.m. daily, with cleanup to be completed by 8 p.m. Nearby are an amphitheater area, a parking garage, and surface parking. Parking arrangements must be worked out with the property owner based on availability. Use of the appurtenant areas, including the amphitheater and parking areas, must be arranged directly with the agent for the Association, and fees for use paid to the Association. Elieihilitv: Cali Mill Plaza is open to nonprofit organizations and for-profit organizations with approval of City and the Association. The plaza is constructed on private property and the property owner retains the right to deny exclusive use for an event that may negatively impact members of the Association or their tenants. Cost: There is no rental fee for the use of Cali Mill Plaza, but the event sponsor will be responsible for all expenses incurred including those resulting from City and Association requirements. The Association retains the right to charge for use of the appurtenant areas, including the parking areas. The City and Association may dictate the level of insurance, maintenance, and security expenses. The agent for the Association will estimate the proportionate share of utility costs attributable to a special event. Securitv Deposit: A security deposit of $600 will be required at the time the reservation is made for use of Cali Mill Plaza. If additional areas are being used, the Association may require an additional deposit. The agent for the Association will hold all deposits. Scheduline: The City of Cupertino will schedule the use of the plaza including activities organized by members of the Association. Point of contact is Tom Walters, Recreation Supervisor, Cupertino Parks and Recreation Department. Reservations will be taken at the Cali Mill Plaza Community Special Events Policy Page I of4 August 27,2004 .10 -3 Quinlan Community Center. Reservations must be made at least six (6) months in advance of an event. The Association may reserve the second and fourth weekends of the month for exclusive use of Cali Mill Plaza for ease in scheduling tenant events that may be planned with less than six (6) months notice. Tom Walters must also be notified of events on these dates so that the watering schedule in the plaza can be adjusted and relevant City departments can be notified. Note: Festivals cannot be scheduled at Memorial Park on the first weekend of the month due to the De Anza Flea Market. Staffwill encourage festivals to locate at Cali Mill Plaza on the first Saturday of the month. Coordination: The agent for the Association will be the portfolio manager for Prometheus. The agent will receive regular updates from the City on upcoming events. City departments and other agencies will also be notified of upcoming events. Submittal Of An Event Plan: An event plan must be submitted at least six (6) months prior to the event (with the exception of dates reserved for tenant events) to allow for full review of the plan, resolution of issues between members ofthe Association and the City and notification of adjacent property owners and tenants. The plan, at a minimum, must include: Description ofthe event including a layout plan showing how participants will arrive and circulate through the area and how signage will guide participants to rest rooms, parking, and planned activities Hours of operation Program Estimated attendance Utility requirements Parking plan Security plan Trash removal plan Portable toilet plan Child safety plan Access requirement Amplified sound - if amplified sound is required, it must be discussed as part of the application. The decibel level will be monitored, and in no case shall the decibel level exceed 70 at the face of the building. The hours in which amplification will be needed, and the nature of the sound must also be discussed and agreed upon by the City and Association. Trash removal - trash bins will be located at the surface parking lot. The drop-off for bins is Friday, with pick-up scheduled for Monday morning. Portable toilets - portable toilets and dumpsters for the event will be delivered to the surface lot or in some location with easy access. Portable toilet drop-off should be scheduled for Friday, with pick-up by 10 a.m. on Monday morning. Cali Mill Plaza Community Special Events Policy Page20f4 August 27,2004 ;}o -L( Note: There is one small public rest room located adjacent to the bakery, which is inadequate for event use. Event planners must address sanitation in the event plan. Child safety plan - given the location of the park at a major intersection, any activity for children will be scrutinized. If the location is deemed unsafe for an event, the application will be denied. Access requirement - the fire department may be asked to review the plan to ensure safe access to the event. The fire lanes must be kept open. The fire department will be notified of the times of all events. Dogs - dogs on leash are allowed at Cali Mill Plaza; however, the event organizer may want to limit pets at the event, and this should be discussed in the event plan. Insurance coverage - insurance coverage must name both the City of Cupertino and the Association as additional insured, and both entities must be held harmless. In no case shall the amount of coverage be less than $1 million per occurrence. Alcohol - alcohol may be served at the park providing all Alcohol Control Board requirements have been met. Fountain liability - the fountains near the sculpture at Cali Mill Plaza are designed to be interactive, but the fountain closest to the hotel is decorative in nature and easily damaged. Event organizers are responsible for insuring that the decorative fountain closest to the hotel is not misused during an event. The cost to repair damage incurred during an event will be borne by the event organizer. Cost For Use: The City and Association representatives will make a best estimate of the cost for maintenance and other services that will be required in the production of the event. The event sponsor will ultimately be responsible for 100 percent of the actual cost incurred. There will be no per-hour charge for use of the plaza, but the Association reserves the right to charge for parking. Acceutance Of Terms: Once the event organizer and the CitylAssociation have agreed upon the operating plan for the event and the fees to be paid, the organizer will commit the security deposit, evidence of insurance and all fees. The agent for the Association will collect these fees. Notification Of Neil!:hbors: After payment of fees, the City representative will supply mailing labels to the event organizer. The event organizer will be required to notify the interested property owners and tenants, ofthe upcoming event, at least 30 days prior to the event and resolve, to the extent possible, any issues that arise, prior to the event. Post Event Return Of Securitv Deuosit: Following the event, representatives of the City and Association will inspect the area for damage and inadequate clean up. The security deposit will be returned upon sign-off by both parties. The cost to repair any damage incurred, or to provide additional clean-up, will be deducted from the security deposit. Cali Mill Plaza Community Special Events Policy Page 3 of 4 August 27, 2004 20-) Contacts: Agent Cupertino City Center Association c/o Prometheus Attn: Portfolio Manager 20400 Stevens Creek Blvd., #245 Cupertino, CA 95014 Ç!!y City of Cupertino Attn: Tom Walters, Cultural Events Supervisor Quinlan Community Center 10185 North Stelling Road Cupertino, CA 95014 (408) 873-0121 (408) 777-3120 g:lparks and recreation adminlpolicieslcali mill plaza.doc Cali Mill Plaza Community Special Events Policy Page40f4 August 27,2004 / <J.-ð - ~ I CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM )1 AGENDA DATE September 7, 2004 SUBJECT AND ISSUE Adoption of Resolution No. 04 - L(ol in support of Proposition lA, a constitutional provision to ensure that local tax funds remain with local government. BACKGROUND For more than a decade the California State legislature has been taking away increasing amounts of local tax dollars that local governments---cities, counties, and special districts~use to provide essential services such as public safety, emergency and public health care, roads, parks, libraries and other services vital to the California communities served by local governments. In fact, through good times and bad, the State has been taking away billions of local tax dollars each year, forcing local governments to either raise taxes or fees to maintain services, which under current rules (Proposition 218) is very difficult if not impossible to do, or the more likely alternative to cut back or even eliminate critically needed services. In the current and past budget years the City of Cupertino has lost over $ 1 Million in annual revenue as a result of state actions to balance its budget on the backs of local governments. Proposition lA Earlier this year Proposition 65 was put on the ballot by a coalition of local government entities and others who are now supporting Proposition lA. Proposition lA is similar to Proposition 65 in that it will prevent the State Legislature from taking and using funds originally committed to local governments and is intended to increase local control over local tax dollars, so that funding for critical local services more dependable and predictable. It also strengthens existing law that says when the state mandates a program, service or added cost to local governments the state must reimburse the local governments in a timely manner for the cost of providing that program of service. Proposition lA would provide much of the same protection as Proposition 65 but allows for State suspension of the provisions under a declared emergency requiring a 2/3 vote of the Legislature to borrow local funds up to specified limits and requires repayment with interest within 3 years. As a collaborative venture, proposition lA has the support of the Governor and the Democratic and Republican leaders of the Legislature as a result of the historic agreement reached with all parties. Printed on Recycled Paper ZI-I Since the League of California Cities (LCC) has played a pivotal role in reaching this agreement, it is appropriate and in order for individual member cities to offer their formal support for the Proposition lA by adopting a resolution of support. Staff has prepared a resolution of support and is recommending that the Council adopt the resolution and request that the staff forward the adopted resolution to the Executive Director of the LCc. Additional information on proposition lA is attached. STAFF RECOMMENDATION Adoption of Resolution No. 04 - YOI supporting Proposition lA, a constitutional amendment to ensure that local tax funds remain with local government. Submitted by: ~a"'ft Director of Public Works Approved for submission: ~ David W. Knapp City Manager :11-.1- RESOLUTION NO. 04-401 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING PROPOSITION lA, A CONSTITUTIONAL AMENDMENT TO REQUIRE THAT LOCAL TAX FUNDS REMAIN WITH LOCAL GOVERNMENTS WHEREAS, state government has for many years annually seized more than $5.2 billion local property tax funds (ERAF) statewide, costing local governments more than $40 billion in lost revenues over the past 12 years, including more than $800 million annually for cities, or $6.9 billion over the past 12 years, thereby seriously reducing resources available for local public safety and other services; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses as well as during difficult economic times; and WHEREAS, an historic agreement was reached with the Governor, the State Legislature and the coalition of local governments; and this agreement in the current state budget approval provides for a constitutional amendment, Proposition lA; and WHEREAS, Proposition lA is an initiative that will prevent the State Legislature from taking and using funds originally committed to local governments; and WHEREAS, Proposition lA also requires the state to reimburse local governments for the cost of programs and services it mandates cities, counties, and local governments to provide and that if the state fails to reimburse, the mandate must be suspended; and WHEREAS, Proposition lA allows for flexibility in the event of a future state emergency to borrow local government funds, only ifthe Governor declares a fiscal necessity and 2/3 ofthe legislature approves and that all borrowed funds be repaid with interest within 3 years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO that the City Council hereby expresses its strong support for Proposition lA, a constitutional amendment to ensure that local tax funds may not be taken, confiscated, shifted, diverted or otherwise used to fund state government operations and responsibilities except in the cast' of a future declared fiscal necessity and that any borrowed funds be repaid with interest within three years; and RESOLVED FURTHER, that the City Manager is hereby directed to send a copy ofthis resolution to the Executive Director ofthe League of California Cities. 21-3 Resolution No. 04-401 ~ PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004 by the following vote: Vote Members Q!the Q!y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Jf- L( IESonU ; PROTEn LieU TAl PAYERS ~ It:IIUII;IIIJl:i'1Uu,i~a'H@ ~ "" ..... .... N I.CI <: ;. .., '" >< The Solution: Prop~ 1A . Historic bipartisan agreement between Governor Schwarzenegger, local governments, Democrat and Republican legislators, police, fire, paramedics, healthcare advocates, taxpayers and community leaders. . Prevents the state from takinq and using local qovernment funds. !---) \ ~ .. ~ t. h % ð. n." ,-"" W'.rl a ~ '--". ,"<0 >""'" ¡ ¡ "'. }. . b. ,h. ,- .-'" : rY"I. h-. ;; ,« ,><,...,:::;:¡,..,¡ ,-" >, c::.. ,,' """. v"", ,,--, <..1, D O'-J '. l' f"----'" ~ ~~..c:Ht;, !C:H ¡l"t.lb'~ ¡ ¡ ¡¡"A~l ".(1 ¡ t..~¡¡ ¡ n""U¡ ~tA..~¡~ U¡ ~:>U,;:¿pt;¡ ¡l..v ¡¡ ¡ H...ß rDi,-v-d¡! ¡rs"""'mf),nf "-,,.>r,\/idPO'" exceptl'ons for spe'c,"f,'ed ¡ '-.n ¡ ¡ U ",J,.. tn" v ~ ¡.;¡ c. " ",-' ~,- , employee rights' and benefits. I v .... aI co "" "" "" ..... ..... ..... ..... ... '" .;- ::r ." " '" - .. .... '1 ..... '" '" " aI aI "" Q ... aI N ..... IESJuiUI ; PROTEer LIeAL 'AIPAYERS ~ I t~IIUII;mlf;illtlIitl'J.l1ßi .... .... "" "" '" .... "" <: ;;:. .... .. >< Prop. 1 A Replaces Need for Prop 65 . Proposition 65 placed on the ballot prior to historic ag reement that placed Prop 1 A on the ballot. . Prop 1 A is better, more flexible approach to protect local government funding and local services from continue raids by the state. All f th ii"iP" ~ . 0 e orfiClal DORSING Prop as the better alternative. ¡-.:> \ ('S- r v .... '" a:I "" "" "" "" "" "" "" ... .. .;- ".. /Q = .. iii c.... .. .... .. o:r nr '" .... '" c:J .., '" N "" :I> IESmLUI ; PRlnCT LICAL IAIPAYERS ~ 1\~IIUII;lI!il:illtü~1ßi :: "" "" U"I N N <: ;;" .... '" >< Tmh. . ... s...o c' I. t-. n: Pro. 1 A... e 0 Ulan n n .. n p.. What Initiative Does Not Do: . Does not raise taxes. In fact, 1A reduces pressure for local fee and tax íncreases to make up for funds raided by state. . Does not reduce funding for schools or any other state programs or . services . . Does not increase funding to local governments. . Does not prevent state from borrowing local funds in times of fiscal emergency. . Does not prevent more comprehensive reform of state-local fiscal ~ rë1ãfiõñSJi i P . I ~ I v ... £SI co "" "" "" "" "" "" "" '" '" .;' ".. C " '" ;¡¡ ... '1 .... '" '" " £SI £SI \J:I CI .., £SI N "" :t> IESøn1I ; Who Su pports Prop 1 A PRomTllCAlTAIPAYERS æ . 11:IIU¡;mil:io1U¡l=iu'fifJí ~ ...... "" '" ... "" <: ;;. .... =- >< 1'-' ~ \ ~ . Governor Arnold Schwarzenegger . Democratic and Republican Leaders . League of California Cities . California State Association of Cou nties . California Special Districts Association . California Fire Chiefs Association . California Professional Firefighters . Peace Officers Research Association of California . CA Association of Public Hospitals and Health Systems . California Police Chiefs Association . California State Sheriffs' Association . Many, many more (Partial List) I V ... ~ c:c ...... ...... ...... "" "" "" "" "" =- ;- .... .c '" =- ;¡¡ c..., .., ..", =- '" rø ~ ... ... c::I .... ~ N "" ,.1. I F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX, (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM J.-:l. AGENDA DATE September 7.2004 SUBJECT AND ISSUE First Reading of Ordinance No. ß'jj "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code Chapter 16.08, Excavations, Grading and Retaining Walls, Adding Winter Grading Provisions." BACKGROUND Cupertino Municipal Code (CMC) Chapter 16.08, Excavations, Grading and Retaining Walls, sets forth rules and regulations to control excavation, grading, earthwork, clearing, and retaining wall construction, including fills or embankments. In addition, the chapter seeks to preserve and enhance water quality by controlling surface runoff, erosion and sedimentation, establishes the administrative procedure for issuance ofpermits, and provides for approval of plans and inspection of grading construction. The authority to administer the provisions of the chapter resides with the Director of Public Works. The chapter defines the period from October 1 to April 15 as the "wet season" of the year, commonly understood to be the period during the year with the highest likelihood of significant rainfall events. It is during the wet season that grading activities leave building sites, adjacent lands, and nearby streams and channels vulnerable to the damaging effects of soil erosion and sedimentation. And although the chapter sets forth requirements for interim sediment and erosion control plans to be employed during preconstruction and construction, it does not contain an explicit provision for limiting grading activities as necessary during the wet season. Having such a provision in place can be especially important for sites, such as hillside or creek side sites, which are particularly vulnerable to erosion, or from which the flow of sediments offsite poses a hazard to the public health and safety. The attached ordinance furnishes a provision to prohibit grading activities during the wet season, unless the prior approval of the Director of Public Works for wet season or "winter" grading is obtained. It further authorizes the Director of Public Works to stop grading activities during any period of inclement weather if proper control methods are not being followed. If processed separately from the original grading permit for a site, a winter grading permit fee and winter grading permit bond will be assessed at the same rate as a standard grading permit. Printed on Recycled Paper 2:J--t FISCAL IMPACT When a winter grading permit is processed separately from the original grading permit for a site, a winter grading permit fee will be assessed to cover the City costs associated with the winter grading permits. The current fee for a grading permit is a minimum of $3,300.00. STAFF RECOMMENDATION Staff recommends that the City Council conduct the first reading of Ordinance No. ¡q'll/ : "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code Chapter 16.08, Excavations, Grading and Retaining Walls, Adding Winter Grading Provisions." Submitted by: Approved for submission: ~,~"(/~ Director of Public Works ùSì( David W. Knapp City Manager ~)..-).. DR/. F T ORDINANCE NO. 1944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16,08 OF THE CUPERTINO MUNICIPAL CODE RELATING TO EXCAVATIONS, GRADING, AND RETAINING WALLS, AND ADDING WINTER GRADING PROVISIONS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 16.08 be amended as follows: 16.08.210 F. Inclement Weather and Wet Season (Winter) Grading. The Director shall have the authority to stop grading during periods of inclement weather when weather-generated problems are not being controlled adequately. No grading shall occur during the wet season of the year (October 1 of one year through April 15 of the following year), unless authorized in advance by a winter grading permit issued by the Director. If processed separately from the original grading permit for a site, a winter grading permit fee and winter grading permit bond will be assessed at the same rate as a standard grading permit. INTRODUCED at a regular adjoumed meeting of the City Council of the City of Cupertino this 7th day of September 2004, and ENACTED at a regular meeting of the City of Cupertino this - day of , 2004 by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2;( - 3 ORDINANCE NO, 1945 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.08 OF THE CUPERTINO MUNICIPAL CODE REGARDING WEED ABATEMENT THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the Cupertino Municipal Code Section shall be amended to read as follows: Section 9,08.040 Mailing of notices by fire MaI'shal Agricultural Commissioner 9.08.020 Resolution Declaring Nuisance, Whenever any weeds are growing upon any private property or properties or in any street or alley within the City. The City Council shall pass a resolution declaring the same to be a public nuisance and order the County fire Marshal Agricultural Commissioner to give notice of the passage of such resolution as provided in this chapter, and state therein that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the County fire Marshal Agricultural Commissioner, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of the weeds. 9.08.030 Form of Notice. The notice provided for in Section 9.08.020 shall be substantially ofthe following form: NOTICE TO DESTROY WEEDS NOTICE IS HEREBY GIVEN that on , -l-9 2O_, pursuant to the provisions of Section _of the Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section - of the City's Municipal Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds from their property and the abutting half of the street in front and alleys, if any, behind such property and between the lot lines thereof as extended or such weeds will be destroyed or removed and such nuisance abated by the County fire Marshal Agricultural Commissioner, in which case the cost of such destruction or removal will, ;¿ 3-1 Ordinance No. 1945 Page 2 including but not limited to administration costs, be assessed upon the lots and the lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said City, to be held in the City Council Chambers of the Gity-Hall City of Cupertino on , +9 2O_, at- o'clock when and where their objections will be heard and given due consideration. Date ,+92°- 9.08.040 Mailing of Notices by Fire Marshal Agricultural Commissioner, The City Council shall direct the County Fire Ma£shal Agricultural Commissioner to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Fire Marshal Agricultural Commissioner shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The notices shall be mailed at least ten days prior to the time for hearing objections by the legislative body. 9.08,060 Order to Abate Nuisance, The Council shall by resolution order the Fire MaFlJhal Agricultural Commissioner to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method as may be determined necessary by him. The Fire Ma£shal Agricultural Commissioner, his àep¡¡ties assistants, or his appointees as contracting agents are authorized to enter upon private property for the purpose of abatement. Any property owner has the right to destroy or remove such weeds himself or have the same destroyed or removed at his own expense; provided that such weeds have been removed prior to the arrival of the Fire Harshal Agricultural Commissioner or his authorized representatives to remove them. 9.08.070 Account and Report of Cost. The County Fire Marshal Agricultural Commissioner shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land with a description s_ufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. 23-.1 Ordinance No. 1945 Page 3 9.08,080 Notice of Report, The City Clerk shall post a copy of the report and assessment list specified in Section 9.08.070 in a conspicuous place near the main door of the city council chambers, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. In addition, the City Clerk shall mail a copy of the notice and the assessment list to all persons owning property described in the assessment list. The mailing labels shall be provided by the Fire Marshal Agricultural Commissioner. The posting and mailing of the notice and assessment list shall be made and completed at least ten days prior to the time for hearing objections by the City Council. Such notice shall be substantially in the following form: NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on _,20- the County Fire Marshal Agricultural Commissioner filed with the City Clerk a report and assessment on abatement of weeds within the City, copies if which are posted near the main door ofthe city council chambers.... 9,08.090 Hearing and Confirmation, A. At the time and place fixed for receiving and considering such report, the City Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The County Fire HaFshaI Agricultural Commissioner shall attend such meeting with his record thereof, and upon such hearing, the Council may make such modifications in the proposed assessments therefore as it may deem necessary, after which such report and assessment list shall be confirmed by resolution. 9.08.100 Collection on Tax Roll. The County Fire MaFshaI Agricultural Commissioner shall cause the amount of the assessment to be entered on the tax assessment roll opposite the description of the particular property, and it shall be collected together with all other taxes theron upon the property.... 9.08.110 Duty to Notify City ofImprovements, Time, Waiver of Rights, Nonliability of City. A. The owner, agent, lessee or other person having charge or control of any building, lot or premises within the Cit who permits weeds to remain on such premises in violation of Section 9.08.010 shall give written notice to the County Fire MaFshal Agricultural Commissioner of any improvements which have been placed on such premises.... 2]-3 Ordinance No. 1945 Page 4 This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjoumed meeting of the City Council of the City of Cupertino the 7ti> day of September 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the- day of September , by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor :2 ') -y DRAFT ORDINANCE NO. 1941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 2.04.010 OF THE CUPERTINO MUNICIPAL CODE TO CHANGE THE CITY COUNCIL REGULAR MEETING DATES TO THE FIRST AND THIRD TUESDAYS OF EACH MONTH THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: 1. Arnendrnent Section 2,04.010 of the City's Ordinance Code is amended to read as follows: 2,04.010 Regular Meetings, The City Council shall hold regular rneetings on the first and third Tuesdays of each month at six forty-five p.m. and may adjourn any regular rneeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned rneetings rnay likewise be adjourned and any so adjourned rneeting shall be a regular rneeting for all purposes. City Council meetings that fall on legal holidays shall automatically be rnoved to the following day. 2. Effective Date This Ordinance takes effect November 1, 2004. 3. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Governrnent Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. 2L{-( Ordinance No. 1941 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2004, and ENACTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote: Ayes: Noes: Absent: Abstain: Members of the City Council ATTEST: APPROVED: City Clerk Mayor 2 lL(-).. ORDINANCE NO, 1942 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 32.050 (A) OF THE CUPERTINO MUNICIPAL CODE TO CHANGE THE PLANNING COMMISSION REGULAR MEETING DATES TO THE SECOND AND FOURTH TUESDAYS OF EACH MONTH THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: 1. Arnendment Section 2.32.050 (A) of the City's Ordinance Code is amended to read as follows: 2.04,010 Regular Meetings, The City Planning Commission shall hold regular meetings on the second and fourth Tuesdays of each rnonth at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournrnent and when so adjourned, such adjourned rneeting shall be a regular meeting for all purposes. Such adjourned rneetings rnay likewise be adjourned and any so adjourned rneeting shall be a regular meeting for all purposes. City Planning Commission rneetings that fall on legal holidays shall autornatically be moved to the following day. 2. Effective Date This Ordinance takes effect November 1, 2004. 3. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in aœordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City, 2)-1 Ordinance No. 1942 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2004, and ENACTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote: Ayes: Noes: Absent: Abstain: Mernbers of the City Council ATTEST: APPROVED: City Clerk Mayor 2 1')-,).. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 13.04.130 OF THE CITY'S MUNICIPAL CODE REGULATING SKATING AND ROLLERBLADING IN CITY PARKS ORDINANCE NO, 1943 THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: 1. Amendment Section 13.04.130 of the City's Municipal Code is hereby amended to add subsection 0 to read as follows: 13.04.130 Behavior of Persons in Parks. O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed. 2. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2004, and ENACTED at a regular adjourned meeting of the City Council of the City of Cupertino this 7th day of September 2004, by the following vote: Vote: Ayes: Noes: Absent: Abstain: Members of the City Council ATTEST: APPROVED: City Clerk Mayor ;;2& -I IBI BE I CL 9 !f') ( ÐY fxk¡'b¡'t ~ý~", ~\ ~{}V\ """"iJ" -::!' ',T ç; _'U.I.:"I';'«d." ,·u. .. De Anza ColIege: Today and Tomorrow Presentation to the City of Cupertino Se~1:e1iib:è~'7,; ZØÖ4 '-"-'-..::..i,:,;",¿.:,.:t,,"S=- Dr. Brian 1'v1urphy, Prci'Hknl, Dc An/d CO¡k~',è Dr. Mar1ha Kank'f, Chantc!1or, Fouthill..!)..- An:r¡¡ Community Culkg:c District I .Dg5(ì~=!L I I i I Building Futures Since 1967 · ('111'':1"11110 n-'si(knh and S[lId<èJHS · Pl'c'\'i..:w ()(nU"I1ÇW SL'i,~nl'l> C:,'Hkr. ~¡U(klll -',,;, C'\IIU1Iuni:v S,',vic,;sCcnlc: aud Kirs~h'C,");"r 1;'1 ¡'IlI'¡mTll11c'lI:'1!Studl":.'i · 11I1·il:II;"111" C:'IllrU~ '-'\'OilS .D=i. ..::'''--___:c.ç Cupertino Residents at De Anza · iv10f<:: than 1 (10,;, ur 2,500 students arc CupCrfinf.1 residents · Age: 56",;, aT;,,' lIll<.kr .1() years: ·1-4"';' arc ~n·· · Ethni<.:ìty: 4{)';-" A~ían: ,10",;, \Vhi1C """,,--' I L --------------- ---~--- -------.-.-.- 1 jJ= ",,-~s."'- From High School to De Anza ClIpenim' Fn:rnont Homes1ead LynhwoK ¡,,1om!;1 Vista TCYI At ¡:~ I (:;7,."(;; of ,~r<j(¡"'1 125 (12.6';;, of ,,"rad\) I J.'i C-lY; of grad'i,! 7h \ J~.4(,'; or !!r:td\) 1·1U (2Ó.Î'} of ~'rads,l _"",,, 'l'I'",h",1 ,',.,,,, (,I'!'.( n,- \,,,_,,',,11" 'h .'iTl eì..\'>: of grad,;} 1.1)=, -~ High Sehool Students at De Anza · In fall 2002. Ih..: number of F'rcmoni Union j [igh S.:hool Di~tric\ gradu:ll{"s attending D..: /\117<1 W;lS ncarl:' equal h¡ \h(; lotal number atknding:111 CSUs. · Gr!h", JUI1Ç high schoo] ;;radu,¡k;.; who go to <I public college in the fall. more attend De Anza than any olha singlt' pub!i,' inslitll!i~)n of higher cdm:alion in California ,,,"""',' "",':'f-.n'lllh"O\ .l)gzí~ · U( Bcrkc'ky Top UC Transfer Institutions · lie D¡¡\'i~ · elf Sallia Cruz · tll S:~n I)i~'~\\ . .ll'.. \ .('1' ,\& -,'~J ¡ .¡¡ ~., ),., i~, . "\l ---------------- -",. ------~._------ 2 nDeAMI.. ~CoIIegê· Meet One of Our Students · W.!lk,,'·'· "I- ¡"d,....,¡i,·"k I" ",,,'hil1l'Thi"'." r,1,,,,,,,Vj·" ';Chl)l)¡';.L', "'C 'h",·,-;," ¡kll,,,.,\1,,,.,.,,,,.,,' )],.,,, "':1>(', Ik.-\lu".,·l;c'iU""''¡'''''IN,'lh.''',,·' I"'''' rr,-,',kJ1I it' PinT!,",' ,,,.,I I,,; w-,' ··.··'mw'''''' \:1 '.·Id,,\~, ;;(),·,:,.,,~nl WlÙk,r lit· ·····d:¡:,·..'Cc> t.I"¡·"'I"l"""h" ",",nI;;';)' 'hrcI'I'<;" '''''"'J.'h "\1,- !'ft"."r, ."i.,-",I ¡,,~ '''.''m'I' <I,lversi("Ì¡, ,Ùe ¡;"""lrJr""ch f,,,·/I,e,,.¡O(,-, 4,,, ,-r,-"i" ""'J,'I,-""¡,,,,,,,,,, ,mJ,!v;",-¡"""-"II,,w,,/ ,~,' ,,, """',' "he",i. ¡',I/Jrn"III.',W.¡:N ,"¡,",,'I~'''''''oh,'. i" ":/¡.,,,¡, h,'II'ii,:.: "¡¡""",,,¡J ,,/ un ,,-1/1 I.' h",,,"'irtg II i'igh ""¡,,,,,'/"'Il!h "-,,,J,," -Sr'W!/rI W,,¡ÁÚ¡s 1--- .D~ Science Center ~. · I'c;lturc'~ kç(\II\~ h~'¡1 '"man"' IJh~ tor cell biOO\lV, 111i;:l\\bin!<.,¡;:: ;;n~lh,'my, physio,'t'y, ()rg~lìi(' ¡1\111' ':_CI1,'!''\J ,'h~I))ISlry, ;ind an ,'tll<:!oor ,-l:is,r.\nm · J'aviliof1h"lih ,: -,ltlden! ",'><'''fc<:ù'ni.l;'! and a ,'OIrlJwl:.;r (Ia~-,n"!f:' n~, ~CoIIegê· ,',':"----'-.'-'i'" Student & Community Services Center One RoC?l- ,V/any Connections I I _ . Scheduled {(\ urn1 FaB 2(10:" 1'11" ~~ fl"fi"'-''''''''''_I''''I ~;lIdnH ;;nd ~','r; ¡'¡""H".' S,-ru","< ("'I'kr" "" lh,' ""rlh ,,<1,- ,., ,","":'''' ¡''''jng ~I,"..<'"'' (',,','k n,,,,k,;,,,,!. The ""i¡dio)_~ ",ill i"."iÙ .," dfi,';"ol_ lif'h''','',',1 ,',,""",,,,,,,,,,, I~,' ,llId"nl';, c-'n"'''L]!''' ''c' i',"'el~ .loj h",;",:" rc·",""c"uti,'<:, ,,-~- ~---~,_.---~----- 3 J)= Kirsch Center for Environmental Studies A Bllilding ThaI ]"aches · Fa!1 2005 completion da1<:: T:,,· Kj, ,'I, (:,'1)['" I." I',,,· r,mr,'c' ;,.1 SI' ,',," ',dl h," LU.JY·' ""·,;f,,,,¡ n DeðI11a .I.ICDllege'n Publie is Invited to Attend . Science ('¡:Iller Grand Opening: C<èJT\11úny. Oct. J. \ 2:3(¡ p.m. . A N;"I,I "I H"Jir! No\'. (1 .D~=' We Appreciate Your Support , . . ," ." "' . - ~ . 4 . ' :. ......... ,-.. ,4;;: · Dc An;:;\ C\)lkg<: is your community co!kge · \V(' ,~'ant!o c,xpn:ss our gratitude ror your ~uppon of Measun' L ;¡nd Prop 5"1 .-.- 4 exl 'hI 'f Cc tl¡!ð1 U-2004-08 =rt~ tits- S ?1~~llk Existing Cross Tower ~-,::' -' Proposed Antenna Cross Tower ~ '" 3 E ~ Ii 1 1 I I 1 1 I ¡ I 1 I L ~~-=---=~-_- ..~::~:---_-~=----- ----------.. +/- 150 feet --[- ------------- --------- ---------------------------------- ~--=::::=-~~----1 1 ~ C~ I , , I ., !, I! 1 PROP'Q:SED~pN)1 ~(B'1'SfIlftNT) 1 1 i g ì B LN JOUXMAN --~---- J()$!Ot'..k.K \ /_____.f!!£-i.LP,tl!!" - ------1----- ,'r'---------------------~--------------- ------- I þ'/,~o~j I I I I , , , , I , I 1 , . ~ __NO ""J ; SEcroR 'c' AZIMUTH 240" TRUE NORTH r(~ ( ... I I . ! I ì . 1 I ! I i I i i i i nts (£) +/- 170 feet to playground OVERALL SITE PLAN SCAI..£: '¡t....l~ Sprint PCS " 8 Project Summary Planning Commission denied on July 12, 2004 Neighborhood Meetings were held on June 22, 2004 (approx. 5 neighbors in attendance) & August 24, 2004 (approx. 40 neighbors in attendance) The project meets the Federal Communications Commission Safety/Health standards (19/100th of the ground floor standard & 8.2/100th of the second floor standard) and the City's Noise Ordinance The project is consistent with the Zoning Ordinance and the City's Wireless Master Plan the application · · · · Federal Telecommunications Act I, TCA contains language that both preserves and limits the authority of local governments to regulate personal wireless facilities. When Reviewing a wireless facility proposa the City must comply with the Telecommunication Act (TCA) of 1996. . . to ility Under TCA the local government has the ab review wireless facilities with the following limitations: . Shall not unreasonably discriminate among providers of functionally equivalent services; Shall not prohibit or have the effect of prohibiting the provisions of personal wireless services; Shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is filed; Shall put any decision to deny personal wireless service facilities into writing, supported by substantial evidence contained in the written record; Shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Federal Communication Commission (FCC) Guidelines for such emission. 1) 2) 3) 4) 5) Design Option A PhotosimuJation by AppOedImaginalloo 510 914-0500 Redeemer Lutheran Church 940 S. S1eIllng Road Cupertino, CA 95014 site 1/ SF60XC824A ng Option A Viewed from Stelli Rd./Jollyman L Photosìmulation by Applied Imagination 510914-(51)) Redeemer Lutheran Church 940 S. Stelling Road Cupertino, CA 95014 SI1ø# SF60XC824A Option A Viewed from Orline Ct. Redeemer Lutheran Church 940 s. stelling Road Cupertino, CA 95014 Site # SF60XC824A 4- Sprint PCS 8I30I04 PhoCosimuIaIion by ApJIied Imoginalion 510 91+0500 (south) Option A Viewed from Joll man Park Photoslmulation by Applied Imagination 510 914-0500 Redeemer Lutheran Church 940 S. Stelling Road Cupertino, CA 95014 SI1e # SF60XC824A -¢ Sprint PCS 813OA:>4 Design Option B Photosimu1ation by Applied Imag;nation 510 914-œOO Redeemer Lutheran Church 940 S. Stelling Road Cupertino, CA 95014 site # SF60XC824A ...... ~ Sprint pes PhoIosimuJa!ion by Applied imagination 51094{)5()() Redeemer Lutheran Church 940 S. Stelling Road Cuper1lno, CA 95014 SIte # SF60XC824A Design Stelli 8/31A)4 PCS Design Option B Viewed from Redeemer Lutheran Church 940 s. Stelling Road Cupertino. CA 95014 SI1e# SF60XC824A ~ Sprint PCS 813O¡Q4 PhoIosimul-. by Appied Imagination 51091<0500 Option B Viewed from (south) Joll man Park Redeemer Lutheran Church 940 s. Stelling Road Cupertino. CA 95014 SIteIJ SF60XC824A ~ SprinJ pes 8fJOI04 - by Applied lmaginatioo 510914<1500 Recommendations with the conditions of n Exhibit A; . I I Uphold the appea approval as listed 1. or Uphold the appeal and modify the proposa with modified conditions of approval; 2. or Deny the appeal finding that the proposal does not comply with the wireless master plan and/or the zoning ordinance. Following a denial the applicant may request a reconsideration hearing. 3. Speaker Guidelines Based on the Federal Telecommunications Act of 1996, the project may not be denied based on Radio Frequency emissions if it meets Federal safety standards. The proposed project meets the safety standards. All public comments must focus on design issues relating to the design of the antenna cross tower not the radio frequency emissions. . ''''1 ~ _JII, I ~... :':"........ , .. " ~,.,...,;" ^....... H... . ¡~::;! .. SFOOxc824 Cov! 4sprlnt Date: Wed t1-Mer-2004 Scale: 1-. tl55 mI :g' Coverage Map W ¡Proposed Wireless Facility ~Current Sprint pcs Netwok coverage~ within vicinity & including proposed site SF60xc824-A coverage - SF60xc824-Æ Proposed Heìght..- to exJsting cross @ Lutheran __ Chon:tI (ACL = 47.83' 0( 14,58 m) Coverage Map (Existing) "C<lrrent Sprint PCS Network Coverage" within vicinity of proposed site SF60xc824-A (shown enclosed in 0.5 ". ~.... c:le1. - SF6Oxc824-A; Proposed Height...-sion to existing cross@ lulhemn R_r Church (ACL = 47.83' Of 14.58 m) ! "'.y. ~prl1Jt L . Oaíe: Wed 11-Mar-2004 Selle: 1'"=O.$5mi ;r:. Coverage Legend _¡Good I .IAverm I . !poor I Consistency with the Wireless Master Plan Existing candidate locations (privately owned) · - Taller buildings (2+ stories) -Parking lot light standards -Utility structures -Pylon signs -Personal wireless service monopoles -Religious institutions -Historic structures (wooden water tower) Located on existing non-residential buildings and structures · Design/camouflage . . Health and safety Ordinance conformance -55 feet setback from residential properties -55 maximum height · · · Alternative sites · -At ground level, the proposed facility is .19% of the maximum acceptable public radio frequency exposure level set by the Federa Government -At second floor exposure limit Questions on other existing Sprint antenna stations PCS evel, the proposed facility s .082% of the public · Health and safety Neighborhood Concerns Neighborhood Meeting on June 22, 2004 cftli1.. .~ ~8ftII eWe Park! C=Monte Vista HS A=Lutheran Church, B=JoI! ',...* ., .............. I:) . _H"" . Sf· ~~. ..... ,c:~n i ''''''''', . .... 'Y Sprint r I I I I I Coverage of Proposed site SF60xc824-A (shown with 0.5 mi circles) - SFOOxc824-A: Proposed Height extension to existing cross @ Lutheran Redeemer Church (ACL = 47.83' or 14.58 m) Wed 17-Mar-2004 Scale l' = 0.55 mJ "'~-, !ff..¡¡ar~, '. Date; f f~ "~ ¡r.A.':j. ~ r (0 ~ r Coverage Legend .'Good I . \A veral!e I _'Poor I ~ 4 ________w..._. 1'1 '''''''00« 'OR (,j """"---~ {t1 œ0:SS wr-~ , 108£",..-----\ . -----.~-. AAis£a 10 ~'- FAINT£!} ro W<TQ< if) COlOR --~--".'~ -_._..._~-_._-- Po\T#..t _.",,--~-- SiCH;R, I MOUNT(~ 1 i . . . ~~ ~ (' --- , ') WEST ELEVATION A.3 seAL£: t/f"..r~ l-' --- (f') \.OC.A.TIOS rue (N) {£) o:tG&S ~Rt 10 a: RNSro TO ~'- PNNTro 'to IU.itH{t)C01.L'fi ~~P~l- ~(1Pt1ts!C'I"OO, J.&~mm)1riOI.!fOO) ..([)-~ !fiNi~Cl.LV1:~ --- . ~ Ii : ~ . ~ ~I¡ ~15 ~ ~ ~II ~~ {t)1REf.;W {t)!Ml..~, '-_."----~. ~SPRtN'f.¡;001ft0í(¡,¡r-----'. UohIH£TS:Iof(}JI#f8JQtiA ~ SlAB AT ORQUHC \:£Wi."J.$·Mtk~ ~ 1t~~ A, W~25' I9St AREA ~S,fY1>. , EAST ELEVATION SCN.[, jfS·"\'~O' L t rI7/0~ 0/'- t 15 M ¡ftXDAM ~ tKlblt ,..-- U-2004-08 O¡pG Lutheran Church MOS.steIIngAoacl CupertIno,CA95014 8Ite#SF60XC824A. ~1IIA¡øìe<!~510S1«15OO Redeemer Lutheran Church 940 s. hIIng Road Cupertlno,CA95014 ahe, SF6OXC824A Redeemer Lutheran Church 940 s. StellIng Roød Cupertino, CA 96014 site, SFOOXC824A "Cummt Sprint PCS Network Cov«ago" within vicinity of proposod sit. SF60xc824-A (shown oncloMd in o.s .p ~ . S~'^ P'.r,..dHl9lI~!CøIII.Ing_.I.IiII1r..n~CIJ1Im:h 1AO.".t.1.!!3"j)fj4.58m) '...... ~ t. OInt: _,,__ 5c:aIR: ,"'.Q.iS â r I I 0...... Lepnd .'Good alA-I - Poor .....uunad Best Sefvlng Eo_27AtJe04" for Surroundings of SF60xc824 1·"·1IdII I : 1t!à~':;,.,%_cr.RRI_ '" f>.::' ~\ 't J};L - ~1 \\ ~ ,I· L n \ LJ~ ~ -~. ¡ r ,.--..j........ 'F - \) \\\., -'¡! - I-"'\... ., - _ '" 1'\ " --i -""_.. ~ - - " 1-_ I'l-JL 1> +>t I I- \ \\\\ 1 -'..... r LtI - I ~ \ ,,- 1> ~:. T ~u I=- '-- ,- -.f :... E;ø . '1 ~ I I j ~ \ \\ .........t ï _........ l- I L .12J 'i Y ~é iI - "'Ç] I ..., - '/ - Ii ..d J \ ..:\~ 'U I ~ ---r - ~l>:::/ '\.j ......~~ II I I I ~:::::- : I - -~--'c:t' t"'-. _l ~y....... 1- ~- I I Y -:::--~ ...,.-: ;'J. T V L I' I m~:'}(fl r ./ \, ) I I I" ... 4 -.., " ,-,'- u u -- ,c - ......-!...~ W r~, \ I ....1 ./)-; T \ 7 ~ - ," ?~ ~... (, ..rv ~...-;j..,:!ìI y ".. ..Jlflll"- I -- '-? _ \-' 1 J 1 I I \ -. n" ,,(..;..;. :::- ~ / , I II ~ t-'- j~\;:: - ) \ \.. "\\r- I'GW-L- .. .......~............. .........."'*' 1 ....,..... ......- -- ~ ~ ............. .. ____....CIIItó ..- . n r _ í .. r ulfCIW ~-- .. ~ -...... tt........~ ...... ....... Sprint PCS SOUTH BAY ()n.,Air SitM¡ within R1-Residential Area . (02-Sep-04) I·~··""" I no ON-Air Sites of Various Wireless Operators wïhJn . Area 1'.:'.. :.:. I .....'. ...:: .:):: .~.Z:·· ...... .:..~ J.~I. :~ .. ~mI:lf''''''' D: ..¡..""" . ;rl¥ . ..YY: fQ'I;l II ""': ... .: ... . . "'11 II ···...:.1 ...... . . ·'1' 'r . .' :, .2: ;"~~ CUPERTINO ZONING MAP SPRINT PCS . SF60XC824 Ð .. ::Ji1~n' BI_ Circle COVERAGE OBJECTIVE. Qu.."I-Publiollnstitutlonal - typIoal Churches Public Facilities - typical SChools Parks Comm.rolaJIOffl__....ntlal Residential MedlumlLow density _......tial High d....slty TeaJ: Purple: Gri,;,¿n: Pitlk: . Brown: SEARCH AREAl BQ· ISA· PRo p. P(ft-1) . P(R-3). ~ 1/7/0L( f~tr i(^j L t~.i /S- September 7, 2004 Council Members City Council The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Reference: Sprint Wireless Communications Antennas Redeemer Lutheran Church, Cupertino Application No(s): U-2004-08 APN No(s): 359-25-041 Applicant: The Alaris Group / Sandra Steele Location: 940 S. Stelling Road. Cupertino Dear Council Members: On behalf of all concerned residents in Cupertino, we (partially represented by the 201 signatures appearing below) are writing to request that you deny the application of Use Permit for installing the Sprint Wireless Communication antennas and equipment (hereafter referred to as Sprint's cell tower) at Redeemer Lutheran Church at 940 S. Stelling Road, Cupertino (henceforth call the Church), as it will be a public nuisance after its installation. All of the residents in the affected neighborhood are concerned with the many potential hazards that will be created after the construction of Sprint's cell tower at the Church. In this public hearing, we submit this petition letter to the City in order to be on record as opposing Sprint's plan to build a cell tower at the Church, and at the same time we address a number of critical issues highlighting the potential hazards to be caused by Sprint's cell tower, including visual/aesthetic hazards, least preferred location, environmental hazards, property devaluation, and health hazards. 1. Visual! Aesthetic Hazards. Inappropriately located cell towers are seen as a direct threat not only to the local economy, health and property valuation of the area, but also to the aesthetic sensibilities of the community. The proposed Sprint cell tower is a 55 feet high crucifix structure, which will be unaesthetic and unharmonious with the surrounding landscape of the Church and its neighborhood. Such a "monster" tower, which will be camouflaged as a Christian crucifix, may offend some residents in the vicinity of the Church because our community is constituted by people with various religious origins and multicultural backgrounds. To make matters worse, its eyesore spectacle will cause traffic accidents on an adjacent street at the Church, namely South Stelling Road, especially during traffic hours on the weekday. In the following, we would like to address such visual/aesthetic hazards during and after the construction of Sprint's cell tower at the Church. 1.1. A composite photo of the real Church and an imaginary new bulky 55 feet tall crucifix structure (which can be plotted by means of computer graphics) was provided by Sprint's Consulting Engineers. Regrettably, it is deceiving, if not misleading, to compare such a composite photo with a photo of the real Church and the existing slim 45 feet tall crucifix, though both photos were taken far away from the Church on the same scale, because it cannot show how visually intrusive and obtrusive the new bulky crucifix structure will look. As will be shown in the public hearing, the structure will not be simply an addendum to the current crucifix because it would not be able to sustain the new weight and mass of the electronics required for the cell tower. The huge scale of the new crucifix structure will be disproportional to all other surrounding structures, and will not fit harmoniously with the landscape of the Church and its neighborhood. We can exhibit the unaesthetic appearance of the new crucifix structure, using its close-up photos taken at various angles around the Church on which the intrusive new bulky 55 feet tall crucifix structure was drawn by computer graphics. 1.2. According to Sprint's Consulting Engineers, I "to prevent occupational exposures in excess of the FCC guidelines, no access within 5 feet in front of the Sprint antennas themselves, such as might occur during maintenance activities on the pole, should be allowed while the site is in operation..." The implication of Sprint's precaution measures against the "higher than expected" occupational RFR-exposure will necessitate that Sprint install a 6 feet tall fence around the new crucifix structure and the new foundation. Though Sprint's Consulting Engineers did not elaborate on their precaution measures, this fence will have to be installed to prevent people, especially children, from entering the 5-ft encircled area, thereby protecting the public against the excessive occupational exposures. Because the existing crucifix is located in front of the Church, the Church's holy appearance will be completely destroyed by such an obtrusive fence. In addition to the two fences, one in front and the other in back of the Church, it is mandatory that Sprint posts two kinds of warning signs near the proposed cell tower visible from any angle of approach to the Church: One is to warn RFR-exposure, as required by the FCC, and the other to warn of sulfuric acid, one of the extremely hazardous substances, which may be leaked from DC backup batteries, as required by the EP A. Thus, the sacred appearance of the Church and its neighborhood will he further harmed by such intrusive warning signs. 1.3. The new crucifix structure has visual impacts that can cause traffic accidents and subsequent legal liabilities, both during construction and during heavy I Email of July 2, 2004 by William F. Hammett, P.E., to Sandra Steele, the Alaris Group. LLC, 185 Berry Street, Suite 5300, San Francisco, California, 7 pages including a transmittal letter and 2 appended figures. 2 weekday traffic hours after construction. It will be so visually obtrusive that traffic hazards might be created as its peculiar look could distract drivers' curious eyes when they are driving near it along South Stelling Road adjacent to the Church. 1.4. Sprint's cell tower will be camouflaged as a Christian crucifix, but unlike the existing crucifix it will appear so ostentatious as to offend many non- Christian residents in the neighborhood of the Church. Our community in the City is constituted by people with various religious origins and multicultural backgrounds; therefore, any religious emblem used by a particular religious group to symbolize their religion in an obtrusive fashion, such as the new camouflaged crucifix, should be avoided in the community. On the other hand, Christian residents will be disgusted that a sacred symbol oftheir faith would be exploited as a commercial tool, thereby dividing their community in this hearing and potentially physically harming their fellow residents for years to come. 2. Least Preferred Location. The proposed site of Sprint's cell tower at the Church is the least preferred location according to the criteria adopted in the "Wireless Facilities Master Plan" of the City. The City's preference order for locating personal wireless service facilities is listed as follows: · Existing structures in non-residential areas - most preferred locations · New structures in non-residential areas - next to most preferred locations · Existing structures in residential areas - next to least preferred locations · New structures in residential areas - least preferred locations 2.1. A site proposed by Sprint to build a cell tower is at the Church, which should be classified as one of the least prejerred locations (namely, new structures in residential areas) because Sprint's antennas will be mounted at 48 feet above ground on the new crucifix structure. It is misleading, if not false, for Sprint's Consulting Engineers to claim that their antennas would be mounted on the existing structure because the existing crucifix structure is only 45 feet tall. Since Sprint will have to extend it to 55 feet tall, it essentially requires a new foundation, which should be strong enough to hold the extended crucifix structure. This 55 feet high crucifix structure would surely be newly designed to hold two racks of 3 antennas, one rack at 48 feet above ground and the other rack at 40 feet above ground (of which the latter is planned by Sprint's Consulting Engineers to accommodate another PCS carrier), besides two coaxial cables (each about I inch thick) which would connect the transceivers on the ground to the two antennas at 48 and 40 feet high, respectively. The new foundation and the new crucifix structure must be strong enough to stand against the wind speed at 55 feet high above ground because the wind force (or load) on the crucifix structure at 55 feet high is much larger than that at 45 feet above ground. (We could not check the 3 adequacy of the new foundation and the new crucifix structure because Sprint did not provide us with any detailed design of them.) Therefore, to extend the crucifix from 45 feet tall to 55 feet tall cannot be construed as an existing structure. In fact, Sprint's cell tower to be built at the Church is a new structure. It is certainly against the City's Policy 5-1, "Preferred locations for personal wireless service facilities are on existing buildings and structures." 2.2. Sprint was aware of Cingular's application to build a cell tower at the Tin- Tin Supennarket complex, but it was overwhelmingly rejected by the City Planning Commission. The Tin-Tin Supennarket is in a non-residential area, which is a location more preferable than the Church in a residential area to build a cell tower; therefore, we are at a loss why Sprint, instead of seeking a more preferred location, has applied to build a cell tower at the least preferred location, namely "new structures in residential areas" at the Church. For planning wireless facilities, the City should advise Sprint to avoid locating a new cell tower near schools, residences, hospitals, churches, or wherever the quality of daily life for its citizens will be compromised. 2.3. Some court decisions on antenna siting under the Telecommunications Act of 1996 have been found in favor of the proper authorities (Zoning Board, Township, etc.) of the local government, which denied the applications of cellular-phone service providers. For example, there was a case2 in which the U.S. District Court reminded a cellular-phone company that "vroviders still bear the burden of vrovimz that the proposed facility is the least intrusive means offilling these gaps with a reasonable level of service." In a similar case,3 the U.S. Supreme Court concluded that "an applicant (cell- phone service provider) must show that the area the new facility will serve is not already served by another provider." Therefore, it is SDrint's resDonsibility to Drove ( in writiDl!) that the intended area in which Sprint's cell tower at the Church will serve has not yet been served by another wireless carrier. Residents in the neighborhood of the Church have had very few reception problems in using cellular phones provided by Sprint or other companies; therefore, we can conclude that this area is already within the reception of other pre-existing cell towers. Accordingly, unless proved otherwise, Sprint should make use of the pre-existing cell towers for their co-located antennas. Adopting a more restrictive "co- located-antennas" policy than Policy 6-4 in the Wireless Facilities Master Plan, the City can prevent Sprint or other companies from building redundant cell towers at the expense of all citizens' health in Cupertino. 2 Third Circuit (DE, NJ, PA), Cel/ular Telephone Company versus Zoning Board of Atijustment, No.98- 6484, November 19, 1999. 3 Third Circuit (DE, NJ, P A), Omnipoint Communications Enterprises versus Newtown Township and consolidated cases, Nos. 99-1453, 99-1455, 99-1458, July 13,2000. 4 3. Environmental Hazards. Noise pollution and chemical pollution might be caused by Sprint's power and telecom equipment mounted to fence posts as well as CD backup batteries mounted on a 15 feet by 25 feet concrete slab, which will be enclosed by a 6 feet high fence. This concrete slab is to be located behind the main church building adjacent to the Jollyman Park, but a level of noise generated by Sprint's power, telecom, and other equipment will be so high that it will be the source of noise pollution, which may affect residents, especially those who live adjacent to the Church. If the AC power fails due to a blackout, a backup battery switches on to keep cellular-phone calls connected. Although Sprint's equipment area plan and layout did not elaborate on type of batteries to be installed other than its brand, most base stations should have a backup DC power system that looks like a dozen or so car batteries connected in series. Typically, it consists of 24 one hundred pound, lead-acid 48 volt batteries that are often filled with sulfuric acid (Levitt,4 2000). However, these backup batteries may cause fire, explosion, and leaking of sulfuric acid. For example, a battery fire will produce substantial clouds of acid mist and vapor and will overwhelm a typical ventilation system, thus resulting in chemical pollution. Because sulfuric acid is on the EP A list of "Extremely Hazardous Substances" and the presence of 24 batteries in a small enclosure is sufficiently dangerous, the installation of such backup batteries in a 6 feet high fence enclosure should impose the EP A regulations, requiring the notification of the hazardous materials to local fire and safety authorities. 4. ProDertv Devaluation. Sprint's cell tower after construction will cause property devaluation. Sellers of any properties in the affected area after construction will have to provide infonnation in their Disclosure Packages of Sprint's cell tower, which will produce up to 1,000 Watts of RFR to its neighborhood. If Sprint's cell tower were built, it would be unfair to the sellers of any properties in the affected area, whose values might be detracted from disclosing the potential hazardous RFR to buyers while the nonprofit Church would continue to benefit monetarily from the deal with Sprint's cell tower. To prevent such nonprofit churches from promoting business for Sprint and other cellular-phone companies, the City should seriously consider selling zoning rights for cell tower construction, thereby enabling a community in the affected neighborhood and hence its residents, to be compensated for the negative externalities (Le., property devaluation) that may result from cell towers' existence (McDonough,S 1999). 4 Levitt, B. B. (ed.) 2000. Cell Towers: Wireless Convenience? or Environmental Hazard; Proceedings of the Cell Towers Forum: State of the Science/State of the Law, Litchfield, CT, USA, December 2,2000: The Berkshire-Litchfield Environmental Council. 'McDonough, C. C. 1999. The price of zoning revisited: Zoning issues raised by the Telecommunications Act of 1996. Illinois Real Estate Letter, Winter 1999. Office of Real Estate Research, University of Illinois at Urbana-Champaign. 5 4.1. Aside from property devaluation at issue, some legal experts already raised the questions of whether churches should continue to be granted nonprofit status once such cell towers are built in their properties since they are clearly hosting for-profit businesses. This issue has not yet gone into the legal arena (Levitt,6 2000), but it should be brought in the court for a debate sooner or later. 4.2. There are a number of cases in which some properties near cell towers have been devalued as much as up to 40 percent (Levitt,6 2000). To make matters worse, when sales offers simply do not come in for a property for sale in the neighborhood of a cell tower, there is no way to measure percentage losses in value. Most residents living in the affected area are stuck with properties they cannot sell. Furthermore, properties are often taxed at before-tower evaluations, forcing these residents to sue their towns for reevaluations. As we are all aware, lower real estate values generate less tax revenue for host towns. To keep the City abreast of property devaluation, we would like to quote some cases from the "Cell Towers" Book (Levitt,4 2000) as follows: · A jury in Harris County, Texas? ordered GTE Wireless to pay a Houston couple with a cellular tower installation 20 feet from their property line: $720,000 compensation for nuisance and invasion of privacy, $225,000 for mental anguish; $28,000 for property devaluation; $230,000 for legal fees plus interest -- for a total of 1.5 million dollars. · A 26-year Chicago real estate appraisal firm, Howard Richter & Associates,S found as much as 15% devaluation in a home within 270 feet of a cell tower. · In other studies (Woodside, 9 2000), it has been found that the more expensive the home, the greater the impact. In one survey, a $200,000 home lost 2% of its value, while a $400,000 home lost 10%. In some cases, homes remained unsellable at any price. · It is certainly possible to infer that cell towers impose negative extemalities on property values, if not necessarily on human health. Colwell 10 (1990) reported that proximity to cell towers supporting 6 Levitt, B. B. 2000. Telecommunications technologies - An overview: Wireless convenience? Or looming environmental problem? In B. B. Levitt (ed.), Cell Towers: Wireless Convenience? or Environmental Hazard; Proceedings of the Cell Towers Forum: State of the Science/State of the Law, Litchfield, CT, USA, December 2,2000: 1-49. The Berkshire-Litchfield Environmental Council. 7 According to "Couple Wins $1 Million in Suit Over Cell Tower Near Home," Microwave News, Marchi April 1999. 8 Brozynske, P. 1999. Property reassessments can be controversial call. Pioneer Press Barrington Courier Review, Jan. 28, 1999. 9 Woodside, C. 2000. Cell phone towers are sprouting in unlikely places. New York Times, Connecticut, Section 14, January 9, 2000. 10 Colwell, P. F. 1990. Power lines & land value. Journal of Real Estate Research 5(1): 117-127. 6 transmission lines reduces property values, a finding that is corroborated by Gregory and von Winterfeldtll (1996). . A 1993 ruling by the New York Court of Appeals (along with a similar ruling in Komis versus City of Sante Fe) supports the idea of stigmatization associated with power lines. Ruling for the plaintiff, the New York court did not require proof that the power line posed a health risk, but only that the perception of danger led to a drop in property value. The court held that whether the danger is scientifically genuine is irrelevant to the central issue of market value impact (Gregory and Winterfeldt,14 1996). 5. Health Hazards. Radio Frequency Radiation (RFR) from Sprint's cell tower will be a health hazard to the public, especially to those who have suffered from "electrical sensitivity syndrome." According to the "Wireless Facilities Master Plan" put forward by the City of Cupertino, the Federal Communications Commissions (FCC) has prohibited the City from denying Sprint's application based on RFR if Sprint's cell tower meets the FCC Guidelines for RFR exposure. Nevertheless, the City, whose municipal existence depends on the well-being of its residents, should place public health as its main priority and therefore not apply the FCC rules blindly in processing Sprint's application. Even if we were to ignore the most critical issue as to whether or not the FCC RFR- exposure standards (which have not yet undergone scrutiny in the scientific community) are adequate, we would like to call your attention to the additional health issues yet to be resolved: 5.1. The absorption of RFR depends on many factors, which may be classified into two major groups (Lai,12 2000): One group is attributed to the emitter (or radiating source), including the transmission frequency and intensity, the duration of exposure, and one's distance from the radiating source. For example, the transmission intensity of Sprint's cell tower may be much lower than that of a cellular phone, but the duration of RFR -exposure of a cellular phone is much shorter (only a few minutes to hours) than that of Sprint's cell tower (24 hours a day, 7 days a week). Therefore, no one can draw any inference from such comparison that RFR-exposure of Sprint's cell tower is less dangerous than that of a cellular phone. The other group of the factors is attributed to the receptor, such as an organism's (or human's) size, shape, water content, and orientation toward the radiating source. For example, children absorb energy differently II Gregory, R. and von Winterfeldt, D. 1996. The effects of electromagnetic fields from transmission lines on public fears & property values. Journal of Environmental Management 48: 201-214. 12 Lai, H. 2000. Biological effects of radiofrequency radiation from wireless transmission towers. In B. B. Levitt (ed.), Cell Towers: Wireless Convenience? or Environmental Hazard; Proceedings of the Cell Towers Forum: State of the Science/State of the Law, Litchfield, CT, USA, December 2,2000: 65-74. The Berkshire-Litchfield Environmental Council. 7 than adults (Lai,12 2000). Thus, if the most recent scientific findings are accurate, it is not difficult to uncover the glibness of a safety claim made in the FCC RFR-Exposure Guide, which states without proof that "these limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health." 5.2. Sprint's cell tower after construction with a power up to 1,000 Watts will emit RFR that may cause adverse effects on the human bodl' even at low-intensity exposure to RFR of power density 0.001 m W /cm (Lai,12 2000). Such low-power density, 0.001 mW/cm2, is about equal to 0.00095 mW/cm2 of the initial operation of Sprint's cell tower, but it will actually be exceeded twice as much by the 0.0019 mW/cm2 of its maximum operation, as calculated by Sprint's Consulting Engineers. The majority of the studies on RFR have been conducted with short-term exposures, such as a few minutes to several hours. Little is known about the effects of long-term exposure that would be experienced by people living near cell towers with RFR exposures spanning months or years in duration (Lai,12 2000). Furthermore, children may be far more vulnerable to health effects from long-term exposure to RFR than adults (Maisch,13 2003). Before the effects of long-term exposure to RFR on the human body is completely studied, we do not want to subject ourselves, and more importantly our children and grandchildren, who will grow up playing, exercising, and picnicking at Jollyman Park, to any possible hazardous health risks that may result from the long-term exposure to RFR emitted ITom Sprint's cell tower at the Church. 5.3. Some biological and adverse health effects at radiation density at or below 100 µW/cm2 (= 0.1 mW/cm2, which is 50 times lower than the FCC RFR-Exposure Guides for the occupational limit, 5.00 mW/cm2, and 10 times lower than that for the public limit, 1.00 mW/cm2) are listed below (Curry,14 2000): · Sleep disorders and insomnia; decrease in Rapid Eye Movement sleep · Slowed motor skills and reaction time in school children · Altered white blood cell activity in school children · Decreased sperm count and reduced insulin production · Headaches, tinnitus, and spatial disorientation IJ Maisch, D. 2003. Children and mobile phones ... Is there a health risk? The case for extra precautions. Journal of Australasian College of Nutritional & Environmental Medicine 22 (2): 3-8. 14 Curry, B. P. 2000. Some unexpected health hazards associated with cell tower siting. In B. B. Levitt (ed.), Cell Tawers: Wireless Convenience? or Environmental Hazard; Proceedings of the Cell Towers Forum: State of the Science/State of the Law, Litchfield. CT, USA, December 2, 2000: 104-115. The Berkshire-Litchfield Environmental Council. 8 · Blood-brain barrier changes and altered brain activity · Impaired nervous system activity · Increased heart rate and blood pressure · Loss of concentration and "fuzzy thinking" · Decreased immune function · DNA damage in human white blood cells In the light of so many adverse health effects at O. I m W/cm2 (which is only 1/10 of the FCC's public limit), as outlined in the above list, it is misleading and irresponsible to draw a conclusion about the RFR safety margin from a comparison of the FCC's public limit with the power density levels measured and calculated by Sprint's Consulting Engineers in the neighborhood of the Church after the construction of Sprint's cell tower. 5.4. "A cell tower affects a heart pacemaker," according to a story published by Charleston.net, South Carolina's premier web site on June 6, 2004. A couple living at St. Stephen, South Carolina are suing Berkeley County in South Carolina, Utility Service Co. (the company that erected the cell tower), and Cingular Wireless for building a cell tower at a place 284 feet from their house. Husband of the couple has complained that when he gets close to the cell tower, the signal causes his pacemaker to irregularly stimulate his heart, a condition threatening his life. To argue against such accusation, Cingular asserted, "Scientific research has concluded that radio frequency energy from cellular towers has no demonstrable effects on implanted devices," but this does not necessarily mean that there is no relation between RFR emitted from a cell tower and his heart pacemaker. In fact, a survey of the literature reveals a study15 of 980 patients with heart pacemakers using five different types of cellular phones. This study suggests that cellular phones can interfere with the function of heart pacemakers. At present, we do not know how many residents in the neighborhood have had (or will have) heart pacemakers, but the City should exercise precautionary measures by holding off Sprint's plan to build a cell tower at the Church until the effects of RFR on heart pacemakers is thoroughly studied by scientists. 5.5. Please be considerate, if not compassionate, of the Dre-existinl! health conditions of all Cupertino residents in deliberating Sprint's application. One neighbor (lady) of the Church since 1961 has been diagnosed with "electrical sensitivity syndrome." Electrical sensitivity produces symptoms in a patient when he or she is exposed to common levels of electromagnetic fields ITom electrical sources in the environment, such as power lines, motors and antennas. This lady cannot expose herself to any electrical appliances, such as a microwave oven, for an extended period of time. Every night, she has to sleep in her garage where there is minimal exposure to the emissions from electrical wiring. Any additional installation of electrical and radiation 15 Hayes, D. L., ef al. 1997. New England Journal of Medicine. 336: 1473-1479. 9 emitting devices may complicate her existing health condition. By any chance, if her health would deteriorate after the construction of Sprint's cell tower, the City in addition to Sprint and the Church will be held accountable for the consequences of the harmful RFR emitted from Sprint's cell tower. As a result, long term liabilities and potential legal expenses will inevitably add extra burden to the City and hence its taxpayers. The liability-prone situation of the City in approving Sprint's application to build a cell tower at the Church cannot be taken lightly. Legal challenges are currently making their way through the courts by a group of "electrically sensitive" people, who have allergic-like reactions to electromagnetic fields, similar to the pre-existing health condition of this particular resident, as mentioned above. The suit charges that federal health and safety agencies should be held accountable for their failure to protect the public, and accuses the FCC of ignoring important studies on RFR hazards, as well as overstepping its statutory authority in banning RFR regulation at the local level (Levitt, 16 1998). Needless to add, complying with the FCC regulation will not necessarily let the City off the hook from such legal liabilities. If the proposed Sprint cell tower were to be installed in the proposed residential area, it would be grossly unfair to the long time residents in the affected area of Cupertino because Sprint's commercial undertakings disregarded such residents' livelihood. There is no question that this tall commercial structure will have adverse lasting effects on the well-being, health, and pleasure of the affected residents in Cupertino, many of whom have chosen to live and enjoy daily activities in this area due to its pleasant and safe environment. Please always keep in mind that such favorable environmental factors also constitute the foundation for our renowned schools in Cupertino nowadays. On the grounds of the abundant evidence presented and argued above, we would like to strongly urge you to deny Sprint's Use Permit application to install the 1,000 Watts antennas at Redeemer Lutheran Church at 940 South Stelling Road, Cupertino. Sprint's cell tower, if built at the Church, will cause many destructive long-term and short-term hazards, as mentioned above. This City thrives on the well-being of its residents and their children, but Sprint's cell tower will distress their physical and emotional health and thus the future sustainability of Cupertino. If these dangers alone are not enough for the City to deny the application of the Alaris Group, the anxiety and grave reservations of the residents in the affected area should be. We trust that the City will come to a wise decision after the hearing and will carefully deliberate all of the evidence presented and argued by the concemed residents in the affected neighborhood. Yours sincerely, 16 Levitt, B. B. 1998. Cell-phone towers and communities: The struggle for local control. The Autumn 1998 issue of Orion Afield. 10 Name of Resident Address Phone No. S¡an..ture ~ /! 'f1-n ./1. ·n-,.d~;e". . "ÀF"Wi/Iø¡' kh,ì f/D· , -tJ.) s r-/., ) /" -- - A '7!l ð.l &",-;t¿,.~ d .u- ~ .".n" a .1Þn..l2-.0,.J;T ~ ft -~rH5 I-I~J...~ /, lr. C»-? ',''''''' <£J. .!f~'", ~~ð ~'-- . -=" ~~ e.~wo..rc\ 'Iv. 1190 ~o1T~O(£ ~, t:A itS-oIl.( 'l51-('153 ~O/t ~ ANI'f 'Iv 1180 -IIUtJ..,,cIJ>'i1; lJ-I, CA,qçoJ\.i. 2:4-1.1')1 a A.n.,..-- St}~ll(n KtJ IN 'lLt" ~osé ~LojSom /.) .77') /2.S II}". U ~...1, Ä CL/A\YI." .. ?l3"1 ~ ~tF.oSv",^- 'b...-- "t5'1-(3ð1l13 L -~. .. / .Jr'IA ~ ;c. c I~ I.A N~ IkAA q~'\? ^c:.:~ 1;LQ,fSÚ"", '!Iv 267-I;D' ~. J.,c ,,;U -:Q i Lllc ~2.7 ù~~''j'f.... CA 2.5f?-l/.7 I /L. _I' . IL I j ~, e-, J__ . 927 /torI' ß/t,r- _]).... /1., '¿. I... :1-">..4'1 ~ r:: L"'Z .,¿ J.¿~e/A~"I1~,I'7/.1"1i!()-'¡EIJ/(J>$()r>1j)lI·(!qyA;I.l.rf...rn? 4.~ 1/.:_ / ~ ~,~~"-w ¡'letJ'b Ck8'S1"I6C (1+ (I,,~ Z.S::tto<-;oI/ ~.....~v Þ¿ VAS<D./~ ~ 'i~¡J /l.'dJ£."._ D~ ~~\ -z.S-l..n-u 'TC/~/ ~/ I¡{)/J~ ;')8/0,":'7 CT/J£ Ca/t.:/_- /1 T. ~ vI'- ';¡./'-7'J~)..u/ h'!; -; t.t' ~ r He...,(., I-f~u 7711 fluR'lr1c/u (--< 777-yl3j1Ll /. ~ ð ,¡..Ja.;fì~i( ä.ì 7717 Lt..A ,~/. {itM '!77l-J'E:35 'J /:. ~ /~, (,ttt· 1:',41 Z77('f' J/cjí'r;e,rJ(·r /1"'7f'-- "'.K7-r"Ø'a ¡Ir.d·{(( /~-../J J' ' i· ~,"·7:-'¥. I. ',', .. /., _ /~... , - . '" .':::.... A~:ro. Te\.{J~'et... '7738- »~~~Q£. ~ 777-tJ1ß Æ~ _ l{yol<e ~'i~..; 7-nfJ HI4..t"ìcJ~ L.K- 7 n -0183 2. 4- '( ~-e. I J..f~d,... c¡ o:ivo...c¡ 7 '77 ç .. ft 411 t.J-/J.... / ... 7 / -. / I , ~ / TalJ1 ;-:fu/ ,~ / 'I ~~..... ¡,j" II. A jA."..r a,{~etk;.t:... RI"AI /).,. .,~_A, /L(.IÙJ,- ~W' ITY\t- t1 ŸT ~-.£. TJ 1 ~ ~ V' (J>ý. )61 f --- ( ,,(). tn. --7Jf:!;-/ ~ -.IJ. ,~I Cf/~.f"]. "R/.;~·SIlM ''I6-n,,(j ;~.kl"\· J '/uU/.ù6"li 77t'{l!:.vr,c-'cteLQ,((-' 2S7-l7f3 .4.....&....... -...:... ,KilO L Lt.,vi Lf-t!:.2 It J.,"W ~ 4Ý6-¥/-:Ltj-K.:,;1 '1~1 .go.) .JJlI,I--:¡ J!.4... 1"775:> "'-'H<'t2,"~...- ~ 'tl.4f..- 'f-:;¿.. L. ~~~_ ..~. u Name of Resident Address Phone No. Sil!Il8ture K!/,.\Ii.l\ Ct...... ì1l.4-Ll..I --1. &. L Ct1~~~ ~/"3~ '--1Z J A ~ '4,c."eJ/e. ehl.L ìï21.f J-lv,.,+r,clQ~ L... '3~~~1f lft¡'-j(,,33 'M , I. {\6.u o .'(-\,f«.JI'JrL. 11~ (n. I \.i r.~ \.. C-..¡ oU\ ~1J)\u ~- ",o\4) I., ð v.r1 U -r..... .\L. . I'~. -b 11\1\ \.\' ........r, (.re (~~ W)~)D~( u"L'L , r L·L ^-~ \ ~..,........ -ii'll{ r",., \...... d~ ~r;?-t¡2U; ..4J--- JL p L', f\~ .... r-t1~? /h.......~.._ 'A~_J" ~~ LJi ~ " HI.L~ ï~.enj IJ 'J W Cm1,.,'o~ ¿.".. qJ I ILL r...-r ~ ''J~-~~ ;:::::¡;;tu.. f«,\aI"c¡;,s v r17C¡;4 &,¿.I' L ~ ¿""" ¥ >-D<-M.'Î :;0 1l-Y~ ,~ .L~ r")" .~_ ì\ ( II. I>< " \< It<'. ,_ . t, o <,' J\ ~ "'""ð -¡;::,. ì1 z...~ ~tU,p I _~ . >Xl- ~\ 'f ;> "\t'\ ~ ",-. l J....., UG- qoQ ~~ ß\IKC,IM 1)( 'JS'7- b g 0"7 C-.ýl. -- . ~'''''''''- ~1.e3 J.d.. ,- fll S, -S-reU.lNG P...; 2.~}_ .,.. . /.7/ f¿1 .141 ¡JL J~e-(JH/Jf /1/0 I/tJflLTi OilS 9/1,5. STEll/de;. 1:>"- .:?S-7 "'I~o ) ~/ ;?1.~ J., ~ '¡,~"~ "'.. VI, CU:,1>0 77,{1..)., L L),. e.v.> tf <?"-SÖI.J ,.15.5 -:y, ¡if t/¿'~:k<À"r ,.oN?"", L..- M::J~/" r. .. J ,1..., I, i.. r-b.. 91-0.. 2.S3 -9J,J¡" ''In./ é'~ . f J' , Name of Resident Address ~o ¡...lIT [....,'/"1, TJII'u -;oR ~/01{L'1 lAJIÁ 7£"7" nt-(¡..rA~ 012 t:. ,"fIN 1:. rJ./ - ''''7 (' ~ ~ "'~:. -.. 1> I< 1\1 IT ¿;tM1'{.,W r~ ~;r"Z. 'tv... ~ ~ ¡"^/iè.~ 75 ¡.:; ía3 fJlAml'1s I.J~ J <\..oAA., C,P) 7Ç£j j)....øtl} PV; Ctfí:£.n r-ttf}-- ~ 7~r? 1"-,,,. "'_ ,..,"" ÞLvri¿>~ Ah",,, l1i5-=l ¡\,,,h\Q,....'h.. f'", ~,J Î~~.r-...., ~ '/ 1>/l- (' M t4tt J'rI:: t.... -J"J q:> p..... vi AI Þ 1'1. I J..":"IIT~ C'tfrJ Î"\",u~r '\)r, Q;(\/A ¡..I,..' I ref If ~I...A.'" It).., ~...·,.JI4J(4¡J",.... 7£"37 n ...~..r Dr \L'I.\A~\-,,~ -,.."", 'f)r I·'~..I .,-,' 75C'J<"," .. Perf,' " .. . ~'¡"¡'./J/ .77.. 7~/ II _ /h- kA'--_ f' ,V .f t::"'ui~, V/,~ 74~L Dl.lm~ /;)y, ::Jif1o'\ S,' (b"9 ::¡'''g' Z. ~~e. ~ /'JI-. 1_'-/o~...>1~( 1747 L ') .7'H ~ ( I}. I Ii . J ,r.,L-1 j,. ~. .~~ ,0.) , t; Gl1ho,t; H "" d 't ~ t l)u"'ll< I>f , I S+e\lp,^ rç~ 7'52b þ\..l.lMaA Th- . ·P.Á I 7"'lrt þt{1'I\0 obI" , ILll~ in.... ,~. A 1Jc.{?ð 'Jð!.\ .. ¡J~ ) ,-¡~ '/()¡ ,ilM I '7 ú to JI-D /¡f J. vi ¡¡.f ...PI" I J:Y/YJcß '1 ~r<Nf' 7r.,?f'¿ j)VÆ/l-Ç 75F, --rï .1 S~ '7t&, Þt.vw.¡ rh. I Phone No. S;ønllture 4ðj...U{_,Sar ¡.L 0 Á-Pn - / 1J.",1)(,~f;-t~2. '4' "~- Cf'bf-8Ø - '-3 <~ qq¡" -);f.:;'f , P 'Y lu1r(J1Jr' ')...: J1.~- JI'77-f:}lø""',"~-" ¿'-. ~ 19c;u......,..·¿: ~Á /?/~ 9t¡t~~r, 79 çfl. r /1'[,.-', C\-, q ''¡' ~ V' ? 'fJ 2?B b , ?7">lì"-- u ~I. -/10,)""\' ~ 4-f..s.6-fT.J? '{¡J¡ "'d~U- M'J.-/SN I.. L,ß··,,_! _ 1!ß- ;I. / ín- . _ i. I I' -.,.. I .., "1 7/7 5 1/. . /? {;' . RJ¡1: 17_ .1J'" r f'( " 9 C'I 'L..:, ~, ~ C;7~'9tJ31 /',"?.A J.--' _ ~7'J 9ð!-1 Ira J6~-D.lJi. ~ (~ bs"-'-Idc,l/! 1) A 'JZi:o T77 - I~s h~ h-- (~) ~~,,_cql' at ~ ~ . +4-b2-b ~ rj 0 I. '., rl7'3 ~ I ~ al/"'" !. ':", J,5'd- -'!;"7t} h-:A '): í//(J, ú.,,, 2.Jl.--Y}{;7 ·oJ. ., j')-"p 4o(_~"'1I! Ivr .'II~-o""'Î V ¿....--- lJUIUII of»........... Addnw.a 'PhnnA No. I Sian...... ~1 Tso·'(ee !-\SIA ry5~S. De Foe 1)~. (Jd.. (~"1Sj:..S." $.11. ll.. rJuil.o S T.. L 1.r;-Q /1.. D (> fo.. ....~ "61.~ 11-1 /'JJJ '/. ::J~ Bop. <:"/;11.(0.- '7¿i4 Pt!.... ¡::ÓS Dr<.Iy¡: ~-fil ~ J ..L..L . ~//I 1"7>0 ð/!.~tvA-. . .).$-6~ ~ -- .rolAd 7t.~J;: ^"-M e.1 .l1nf 516/,jiû. (~.......... l"::1.. ¡,J....T /'\7 10 7ü 0 Á! I. ,..,...... ~'d~H~'" N°) () ~./'" ....:"íIS;.{t . cr \fY1\C1 rr \'t'V' t¡. ~J;r»A'n. ~¡'-o,~ r t'"""'{'Y.""~ ~. 'P. ,I.h ~Xi)·p;(\l" '^-1 ~r. rv \,.I,~ d. fl. .~(~tn1) '\~¡" -D\&'~ W, J~Ov...:..-. ~rI"" P..~~ IDìlfo 1),.../1L. G:t¡" ~.;. ;+.l~'i)Jr 1# ~ ""'.:v -n-..a 2.Jb~6 JdlVJ/Wf.k.~ zr)(rJ'rN ' ;7(-:..£..... a elJeA(J·J~MC'~"" .J.ði>:Þ¿ .T.';L_". /. ^ . .H'~~~h.1. pl. - J ._JL. .J'uku.QM(fCA~^ .."l>'''7'.iJÐ...' 1_ 1'.......... .,..._.--t., ( '¡j~_. 'JIi'f ¡}IIIIII.I I-;¡'¡;' fî5ØJ! II' ~ i.'J.{.r..f}J~~ ~ l/}iÃÃL ~~~ l"~ r:~ ~~)r "r, ~ ~r.!)",i~~ .; ~ i\J¡"'ir/l.~ r-~ ~I? 'PH'.í\lAœffiW Uris Oli.ll<¡ J 7v.ç,-t;; J)",I1Ni.(. D/~ CII)G.-¡.,,~ '1'-Q~'i'h r",¡",,,...(/'1. ""I p,., -. L..~,. ~... 7.(. ']4 f)pI6f? " C..D'¡'. '7a!-8~.r ~. 1,1/, <t.;!" ..,.or~4- fI"F-fpA P.: I"'~ 1t'1f.2.#,1 r>U p/ Ç)'iJ'T IlL.. "~' Ð L \"b l.I i'ù> t...", ~.;.¡ ,....0 2-c...'{'-ut " \ l-.l-. . 11<>_ MeM__ q!>Î II r'¡' T ')"2-7CLJ~l 5:_ ,. .jjj!... I -^ ;;p:;:.b "7-rg? R. 11 · X L.t"Ç-'r 1- A- ~ y F'-- ~~_7 ; _"r-77~:J)P. .I~ fL., ÆsY-rt'Jt ~'( fl. --)qì. f).I(i""..,.. /ttJ 'Z,'i1- ~''í1 A... fð-:., ~WJN .. · L ~&t t'Z"l "":"W P."" '2-~-\'tï{L, (i.. t... Al.I.... ~.;:- ''';04.1\': ',,-\ \iI... -.1)1) I Q..:I I:J""-b~r~""." _ :1\11,,",,:::. ~'f5 ~ I f)~ t;"., erN i'!rl1--"'-~~ t:I ~..ø \.:J" lTri}ÎÐ~ 1'"")(" ìr 'i' ~ ~~ ('i"'A\.ð~.,r.)rf) .hQ \L.'-) ftr./\ -r_ . cl-:wk~ (~: 7~~~¡:6.e9 ~ IJA l.v;")n c(. '-...... iuesJCUi\ h~ú-ÇpM tfq ~~ -" .. Name of Resident Add1"P.ss Phone No. . ¡) ~ Ì'\,,- _J /....... .Jô To., ,-~ ,/.~ ill. ..""" .... 11- ,'1/,,; h n .1. ¿,...." -2.. oR9'-;: J(I..J.i. k.... :.i'A¿ I~A I ~ÐIr.., 7~.~# '- 7Yt> fK !t,;'f.,¿ ~ ::J.Dr'i¥ Jù/)..!....n,,' ,-. qrb7Þf0 /;~~G ?'!;l ttK/J1/ ¡.¡j /J /41.1'ß' ("- Af.'j úA'# Jt ail ~1.1b .::I . ß,II KÇJ/'-- -~_ /A1J'f _Si. /"_'J//N" ~ " ./.1 ., /Od.H· ~ " ". . 't. ¡:{~4'"'lC .:0. tt'-".lt>Ú /.. AI . ~7Ýl~ " T .~. (J, r' "ß.ZAC.-r . 1 7 .-rA- iJ!J VE .20 yy'ç n'. U I I... .6A/ I..,f¡ :l S'j -7/"- <II J~ ",t'''UO.<J" -;¡-;",1fI Ñ. LtJ V': '2 ~-ot:'. ~J/UJ 11E2~7r . l':lJA '" II, ~" , (J rov, tV' a,I\.It _ 2~ f~J- J!>.~ Yow . 1"4N t)[l~ , rt f:Lf/.,A t7U"b.;tv/ 1ed r 1; I r 0. \:- Vù JL - W.£.fI C~!-I} R,rq LE E .- . I';'~A ~'J J~ L·u ~/, C"'v-1'> ~o~ --/l.-ti,o"-ï C~IS~~ ç...í S A,v1V'G::r C\ \¡.J 0 N 6, ¿JõJ{ r~ f' t. Q l1.e iY ~~C~ Cf:l ~ u- Z-7.rtJ I ?~/-)p~t II 7J-7- 7J-I J-5'3 - l)5"2.3 7 ~ t - ~4- (c.¡. ~ 'f' S -"tIi ¡ 'f 4 Ifb -4-~7 D ~1041~C> \Ç-'H eft? 0 \{: I.do 'to c .r ()If .. o'!:lf to A-"re'L I c 7<¡- 0 tJ "'¡"M;' (' t- It¥ Ue(~ ~I 7t~ J 00/7 (Jœ lU 'G BlfrJ. (;'14l/U /" II n -ø \,tlJat't ( W(f f ü~ 2-"l- L} ð' St. /¥<J¡ÝWJ ÞrvrLß~ ( r ~'t }/~':~~'-f Pt' CT~(:'" III iþ~i'I';I''''~ Þ. c..'rZ-o- I" 1 ~ þ~~~-- ~ (" '-7 :::-é:¿_ I b:r~O Of"h",~ C+ clA.rvtl.. 0 (0 7~o ~r..'j,," ¿1, G.kf&-«..\/I\,j Ö \o7~( ~l.¡~ IT, C\)f~t~ lo7fo Q¡I':e- ¿i, C'"1V7':1ø Name of Resident Address Phone No. Si2Dature ::-J1laU1. V¡,( q () ~ ç' S:lJ-llinfi kef 44 -9b?-(1ðj, 7/'t.u ~ ,.. ;/:. ;- '9/1 ¿ 5A~X ,i / / j.·'3 I.) n -7" Y..\ "" r¡/ <,' J S~J I~- L\ . - i¡.jAJ, 1. , (1 .¡.,. /ì 9/~..,/!oCl'¡<-: (7'-/ ~ '>, "'M. . fj" ~ :Ár-~ (b) A L..;t 1ù...., P1.,j. .J, 7h'7'o' j,¡i.4t' ¿OJ."" j .¡ 7'1.( bJfi'f 10.. ß , 1l1J'" t....r; ~ ();, J ~y A·ß.... . . 1 (I iZ./'-:J, ~ - ,. 77~~ '[-/1.,(' h'G.."- .e\7K-'Nf.f ',Û~<' ;¡::;;;....., 0/ J.y;~ ¿¿'.zC ú!::z-:Û'1 4i ~-17>OSf Z rr~ ¡....... /,'~ . " (;'¡OV-YLÇj<1l,l( J.¿u1 /}1J/.7 1¡1fJ..-)J)¡, r r~~/31: r::.... ~-- <';h 4,\ÌÎ^ T1LV1 L¡)"c 1~'\Jlt,,'1- (¿,) L,)¡-ì îr Cd' /. L-P(. .~ IN\. L ............ .&-"" '~d fJe KfCrl'{I-A,tf 773'3 L I'-I'/C, /.UAIIU '¡"8 z..çz. - '3 ~-'!3 U-.t";(&~ IJo;~:~i iI,u.." ì7tX:. (,'/1{<,- vJ<\V <:¡.ðj l>-!o?fof, / ¡)<, :.(V--~ Ie (~ . ¡f,p",' Yu ;t;.Y¡ q()7 <::.ç;';p'l,,~;' vd k..c )j...{'...-)1ðl ~P.1AfI , '7 lj Name of Resident Address Phone No. SÏlmature R.,o<¡er WQ.Y\'! 1 585' De. F,,<.. Vr', 717- f.j9 fK ~&}:íhL-t~¥u;y.. !:.I;'J)-'~ J3J¿;)¿¡- 7)~]D)j0i,,1.? /l-J .2J). -dY d .m J.b[ :';J.u A"'-'/<fK,ðì 7n'> r<olli......~tkl D,.. ~-'!>--r 777-8073 ~ÚJ---.L·14.· ¡'14¡.i1C,¡;fI f)¡lIIItKW 737) /J.-oLUr/C;J)fl( D-\ 1T"'-'1 171-(°73 "é...." I L1 . (-- 111'1',,1... 'kd..., ÇX() I¡} RI'O/AJn:"IJ J4fI",2~o-q'Xl//J I/[H AI ¡.".dl. " -Id. 1-10 f,f; 1,(- 'D1 R{:~6 ~~7-t~~ /1'JJ hJJ -rtIr <':I..\. ¡ rm ~. foe... Dr1ì\.~ I 'f:t&~l+tt ~~ C~~ç¡ A/I/~<f\.C.:,A.) QI[;I7l[ -Ît!',Æ .V;,,- cf ''7Ç-DIØW~rJ.....-(a,..r~ ~ r~'l...{Y' ¡;j-,:<f)"" >1-1... v¿.J 1,,( CAJ~ý(Í 7.}rl:tJ.:1- h...1I L---.7 /tin-A. T~ 205'66 J"llyML. L4..., ~s7'Ø1ff M !µnu 71t1., -';Þ ""- 2..Þ~U J..II¡¡.".. "^' øS") 181' T.w...T~ I~ TuVl. ~oH' ~/J'J_ t..... a.r;;7 1#"1 ~ Y.. L", ~J Lv.. J iJ 7,) V tJ,elì".-p (r. ~(--f..".-~ 71' _.2"'......., ~ --' {j .- --- I- Sie:nature ~ Phone No. t409¡) 253 -2322 (*8 P.5J--'-6 7 Be¡ Contact Info: Email address -- cl-..~ @~~ . C6m Name Address I Sm~,e: (À¡BI lló2>ß6 Jou..yt.V>.N lMÆ, C'J/I ~beA ¡- LìVL d-ØB9~"~ ct, r- - '7 Silffiature C¡ ,-" ':µ.' ~ '-jk> , 12~ ¡tA>1I _~~-_3 -¿. Contact Info; Email address ~ Address , v PI" , ú.4-~/t Æ; ~'f t" 1b :;>,' / i ,..u' '-' (, "";r -- Contact Info; . ~ Address E 01 dd SU!ßature mal a ress , ~, Ir'V , 'fi:~ L5L- 3C:3J oM ljD.-7dS-·?riJ 1 ~t : l' <It 10 725 DRL NiJoú tZT Ie 71I"'" / Ç-f 8' '. ,,- t ð - -, ~ fi- -; I( ú.#rr' ,~ , "7 - ~--- -'-~" 7 ...... ___--- A;::; .. ~/..7 ........----. -- Contact Info: address Email Address VI ìn ~ \E'^", \...no.! r a>Ã~~ 'flZy Ç::> e.... " tz Sie:nature Phone No. ç -- þs - 8 .::? ~D--Á.. ;2'){ f -:;}v ~ %3 UJ1/ ~~ ,r-7 '-fA" ,--y, ~,-,--- ~~ -~I'tV 1,', 7 Contact Info: Email address MA I, ¡/ ," (!{»?,' / - fj (0ú1 ~ Address ¡." 7 ) r'7C1- l (Lv, '7 75 L;L A- C\,ct\\-~VI\:ÃÌ'I \--\'7 I '7 I Li LAC ~vk . c T, rJ (j01 Ça~ G:n.<~ /I~ ,JI~ :J:J--O -~ (!¡I- (¿tit:-- !I~(.t<- 1) (J ç /J{; f' C -f - flrMw) j¡,,¡ c~ q;¿~ Sc;1Z- (.{- , ~ . I U<2I1r¿'Jj. ku.Ct../L'; 77d Hk'l(Y"~ I( L¿u,e Simature r- '< 0/J-nl/ qC¡7-6/17 1<11- O!.{'-l r.. , ~ ~ Address ~~~ .. .~ /b- ~ j ç,J. S~«<f¡) t.. =#(S"' ~œ:aa~uw JUL 2 6 2004 0 ¡ CUPERTINO CITY CLERK City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 APPEAL 2. Applicant(s): v.....~oc..t-0"8 S-r'r\.t fCS 1. Application No. 3. Appellant(s): Name, address, Phone number 4. Decision of Director of Community Development vDecision of Planning Commission (Please check one) 5. Date of determination of Director or mailing of notice of City decision: f C- fit~ "'!J ~I n-!Q-j- 6. Basis of appeal: -rke- A-tøwis Grrof ~ ~ 9{ ~~rvI-- pes ¡ ù p::::l~~~:~ ~ 1n~ 0J::i.-.. ak ~ qlfD. {. Çý¡j~ iZd.-. -- U-~~t.f-o~. . 'ßcu-e.d... ~ -1k. ~ ~-i.. . Or>-." n"-. ~L o.,J- Á. fÚ:~N1/ cae... ~o..-L ~ T~µ~. ~ 01i:.¡ d;:/ 'í>KJÞoS-d1 ~ W1'cJ-L o.ÁÁ.. /"AÁl/Jß.·~ ~, I 4 ~ ~ ß~j ;.2!e~' ~o-w--. We..-- S. t~.&~.L.f.j, N>DoA&çf- -~~~~í'=rl-:rlerl-f' '~-;~d?f ' Please complete , mclude appeal fee of 145.00 and return to the attention of the City Clerk Page I of2 .:tt/S' Gary Chao From: Cecilia Chang [cecilia@topspin.com] Sent: Tuesday, September 07,20041:18 PM To: Gary Chao Cc: cupertino_tower@yahoo.com Subject: RE: Protest against Sprint to build a Cell Tower Importance: High Hi Gary- I am emailing on behalf of my parents and myself to protest against Sprint to build a Cell Tower at the neighboring church located at 940 S. Stelling Road. I myself also live fairly nearby within a half mile away but did not receive this particular notice. I'd like to bring out a few points for discussion at tonight's meeting just in case I'm not able to make it to the meeting. I am definitely against Sprint building a cell tower anywhere where it's a residential area especially when it's right next to a neighboring park where many kids play and hang out. Building a Cell Tower in a residential area is just unbelievable!! I cannot believe and begin to understand why a church who is supposed to do good for the people and it's community would sign a contract (or even be allowed to sign on behalf of it's surrounding neighbors) a contract like this wi Sprint. It's clearly unethical!! The church should not be allowed to financially gain at the expense of it's surrounding neighbors and not to mention also the people who attend their own church (will they want to worship there knowing there's a cell tower above their heads)??!! By Sprint wanting to build a cell tower in a residential area, I must say I will never ever consider using Sprint as they've already given themselves a bad reputation in my opinion by the mere fact alone that they're trying to place a tower in the middle of a residential area wi lots of kids who play at Jollyman park. Sprint had better understand that by putting in a new cell tower at this location or any residential location they're bound to lose customers rather than gain customers which I presume the cell tower is planning to support. - _ The housing prices will definitely be affected as no one will want to live in an area where there is RFR exposure. Is Sprint ready for a class-action lawsuit ITom all affected residents in the neighboring area if anyone becomes ill wi the RFR exposure?? As everyone knows, Cupertino is known for it's school district and by building a cell tower than will for sure decrease the value of the properties in the affected areas, is Sprint ready to compensate for that? I also agree by building a cell tower camouflaged as a crucifix will eause unnecessary accidents on South Stelling Road as people will be curious to look while they're driving. Lastly, I hope that if Sprint's appeal is rejected/denied tonight at the city council meeting that they NOT be allowed to appeal anymore nor take this to court in hopes to have the decision overturned. How would top management at Sprint like it if a cell tower was built right by where they live and where they childrenJgrandchildren play knowing that there's RFR exposure? Would they agree to that or fight the people who plan to build it? I believe Sprint has all the wrong reasons for building this cell tower and it's clearly out of pure profit at the expense of others but I must say they are getting negative marketing effects if people aren't happy wi the way they do business. Sprint will probably pay for this one way or another in the long run if they are allowed to go thru with this. 9/7/2004 tt r(d~l'b('t 7h/o{ It~ */:) CONTROL IHf ~NVIRONMENr l t )50"''' '"' INCIIANI William J. Rea, M.D. FAC.S., EA.A.E.M., EA.C.N., F.A.C.P.M., EA.C.A., ER.S.M. Board Certified in )racie and Cardiovascular Surgery Abdominal and General Surgery Environmental Medicine Wm. Marcus Spurlock, M,D. Family Practice Katherine S. Henry, M.D. Family/Internal Medicine Ervin J. Fenyves, Ph.D. Environmental Science Bertie Griffiths, Ph.D. Immunology Microbiology Carolyn Gorman, M.A. Health Education Ron Overberg, Ph.D., CCN Nutrition Environmental Health Center - Dallas 8345 Walnut Hill Lane, Suite 220, Dallas, Texas 75231 . Telephone - (214) 368-4132 - FAX: (214) 691-8432 e-mail: inlorm@ehcd.com. . Worldwide Web site; www.ehcd.com August 11,2004 To Whom It May Concem: RE: F, Elaine Cantwell Ms. Cantwell is under my care for the treatment of significant sensitivities to various substances. Her diagnoses include Electromagnetic Field Sensitivity which is a physiological disorder characterized by symptoms directly brought on by exposure to electromagnetic fields. Many patients exhibit health problems and experience symptoms when exposed to electrical stimuli. This is due in part to the patient's bodily response to antigens. The body functions through cellular and intracellular changes in electrical parameters. Electrical impulses originate in the sino-atrial node of the heart and initiate heart muscle contraction. Cells assimilate and excrete through osmotic changes created by differences in electrical potential. The brain communicates and functions through electrical impulses carried from one nerve synapse to another. This intricate function of the body can be affected by exposure to coherent electro- magnetic fields created by power transmission and usage. In sensitive individuals, exposure to exceedingly low frequencies can create disruption in homeostasis. Individuals who in the past may have experienced chronic or low level electro-magnetic exposure or acute high level exposure may exhibit symptoms resembling a feeling of shock, muscle spasms, or seizures. Others who have sensitivities to pollen, molds, and foods may experience symptoms related to the problems of electrical stimulation such as a change in the pulse rate. The treatment for this condition involves environmental controls, avoidance of unnecessary or excess electro-magnetic stimulation, and management of inhalant and food sensitivities. Ms. Cantwell's residence has previously undergone extensive modifications to meet the significant environmental considerations of her illness; including modifications to reduce her exposure to extraneous electromagnetic fields and radiation. Her home has no computer, microwave, or cable television. The circuit breaker to the oven is off and the refrigerator is turned off when she is inside her home. Her sleeping quarters are located in her garage. Ms. Cantwell has successfully existed in this modified home for forty-three years. I It has recently been brought to my attention that Sprint, in association with the Redeemer Lutheran Church, is planning to erect an antenna in close vicinity to Ms. Cantwell's home. Should this occur, it is very likely that Ms. Cantwell will be forced to vacate her home due to the increased electrical activity. F. Elaine Cantwell August 11,2004 Page 2 I strongly recommend alternative placement of this antenna to a less-populated area in order to protect the health of Ms. Cantwell and the various other residents and visitors of this densely-populated area. If you require additional information, please contact my office at (214) 368-4132. ;¿~J~ WJR/pdc Ct r{7~1 t~id ItllA. #-15"' * START * START * START * START * START * START * START* START * START * START * STAR T* 4523240-CHENG,CHRISTOPHE NUMBER OF REQUESTS IN GROUP: 1 APPROXIMATE NUMBER OF LINES: 720 APPROXIMATE NUMBER OF PAGES: 14 NUMBER OF DOCUMENTS TO BE DELIVERED: 1 DATE AND TIME PRINTING STARTED: 09/02/2004 07:39:51 pm (Central) CLIENT IDENTIFIER: CHRISTOPHER CHENG DATE OF REQUEST: 09/02/2004 THE CURRENT DATABASE IS DCT Page 1 FOR EDUCATlONAL USE ONLY 301 F.Supp.2d 1251 301 F.supp.2d 1251 (Cite as: 301 F.Supp.2d 1251) < KeyCite History > Motions, Pleadings and Filings United States District Court, D. Oregon. VOICE STREAM PCS I, LLC, d/b/a T-Mobile, Plaintiff, Golden Road Baptist Church, Involuntary Plaintiff, v. CITY OF HILLSBORO, Defendant. Civil No. 03-365-MO. Feb. 2, 2004. Background: Wireless telecommunications service provider brought action under Telecommunications Act (TCA) seeking to overturn city's decision to deny its conditional use application to erect wireless telecommunications tower in residentially zoned area. Holdings: The District Court, Mosman, J., held that: (1) substantial evidence supported city's decision to deny application on aesthetic grounds; (2) city's decision did not effectively prohibit wireless services in city; and (3) city did not unreasonably discriminate against provider. West Headnotes [1] Zoning and Planning ~ 708 414k708 Most Cited Cases Court reviewing local zoning decision affecting wireless telecommunications towers pursuant to Telecommunications Act (TCA) must examine entire record, including evidence contradictory to local government'" decision, in detennining whether substantial evidence supports decision. Communications Act of 1934, § 332(cX7)(B), 47 U.S.C.A. § 332(cX7)(B). [2] Zoning and Planning ~ 36 414k36 Most Cited Cases Under Oregon law, city can prohibit proposed use of property on sole ground that use is offensive to aesthetic sensibilities. [3] Zoning and Planning ~ 384.1 414k384.1 Most Cited Cases Under Telecommunications Act (TCA), local zoning board. is entitled to make aesthetic judgment in ruling on conditional use application for wireless telecommunications tower, as long as judgment is grounded in specifics of case, and does not evince merely aesthetic opposition to cell-phone towers in general. Communications Act of 1934, § 332(cX7)(B), 47 U.S.C.A. § 332(cX7)(B). Judgment for city. [4] Zoning and Planning ~ 384.1 Copr. " 2004 West. No Claim to Orig. U.S. Govt. Works. Westlaw 301 F.Supp.2d 1251 FOR EDUCATIONAL USE ONLY (Cite as; 301 F.Supp.2d 1251, *1253) Page a Telecommunications Act of 1996 ("TCA"), seeking to overturn the City of Hillsboro's decision to deny plaintiff's conditional-use application to erect a wireless- telecommunications (or, as commonly called, a "cell-phone ") tower in a residentially zoned area. The issues in this case pit the TCA's intention to deregulate the wireless telephone industry against the traditional control over local land use maintained by municipalities. For the reasons discussed below, municipal control prevails in tlús case. I. Background Personal wireless services are dependent upon low power, lúgh frequency radio signals that are transmitted from antennae placed on preexisting structures, such as water towers, or on newly constructed towers. See generally Southwestern Bell Mobile Sys. v. Todd, 244 F.3d 51, 56-57 (lst Cir.2001); Sprint Spectrum, L.P. v. WiIloth, 176 F.3d 630, 634-35 (2d Cir.1999). As a subscriber travels within a cellular provider's service area, the cellular call in progress is transfen-ed from one cell site to another without noticeable inteITUption. To increase quality of service and therefore attract subscribers, providers usually have an incentive to increase the number of cells and correspondingly decrease the geograplúc coverage of each cell. In furtherance of this plan to improve service, coverage within an area is maintained by arranging antennae in a honeycomb-shaped grid. When the grid is placed over a city map, desired tower locations of course often fall in residential areas. And because wireless technology is relatively low- powered and requires line-of-sight to a tower, the necessary antennae generally must be placed on towers wlúch loom over the landscape, commonly giving rise to opposition especially in residential areas. Plaintiff submitted an application for a conditional-use permit to construct and maintain a 120-foot tower on residentially zoned property owned by the Golden Road Baptist Church in the City of Hillsboro. The church site is surrounded on all sides by residentially zoned property. Many of the surrounding homes are between 100 and 200 feet from the proposed site. As revealed by the record, the proposed site is in an area commonly described as scenic, as it is surrounded by fIr trees and is near wetlands and a greenway. Neighbors, therefore, banded together to oppose plaintiff's permit application. The City's Zoning Hearings Board held public hearings and accepted neighbors' opposition letters. The board also accepted a petition of over 50 residents expressing opposition. In addition, the board had before it maps, simulated photographs, and a chart depicting the location of the city's wireless- telecommunications facilities. The board applied Hillsboro Zoning Ordinance ("HZO") N 0.1945, Section 83(9). Tlús ordinance provides as follows: The Commission or Hearings Board shall grant approval only if the proposal, *1254 as conditioned, is determined to conform to the following criteria: (a) The granting of the application would meet some public need or convenience. (b) The granting of the application is in the public interest. (c) The property in question is reasonably suited for the use required. (d) The use requested would not have a substantial adverse effect on the rights of the owners of surrounding properties. (e) The use requested would conform to the maps and the goals and policies of the Hillsboro Comprehensive Plan. The board ultimately issued a written decision denying plaintiff's application. Plaintiff appealed the board's denial to the city council. The city council issued a written decision, adopting in part the board's written decision and affirming the board's denial. The council found granting the application would meet a public need or convenience, because the tower would improve indoor cellular telephone coverage (although the council found the plaintiff did not prove its assertion the tower would improve communications for public-safety personnel). The council further found the property was suited for the proposed use, since the church's lot is large enough to accommodate the tower and no other infrastructure would be necessary to service Copr." 2004 West. No Claim to Orlg. U.S. Govt. Works. Westlaw 301 F.supp.2d 1251 FOR EDUCATIONAL USE ONLY (Cite as: 301 F.Supp.2d 1251, *1255) Page 5 instrwnentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. 47 U.S.C. § 332(cX7XA). [FN1] However, the TCA restricts zoning boards' authority to base their denials on perceived adverse environmental effects, since that issue is heavily regulated by the federal government. Id. § 332(cX7)(BXiv). Congress also delineated three situations at issue in this case in which federal courts can reverse a local zoning board's denial of a pennit for a cell-phone tower: (1) when the board's denial is not "supported by substantial evidence contained in a written record," (2) when the board's decision "prohibit[s] or ha[s] the effect of prohibiting the provision of personal wireless services," and (3) when the board's decision "unreasonably discriminate[s] among providers of functionally equivalent services." Id. § 332(cX7)(B). Plaintiff contends that the city's denial violates each of these three provisions. [FN2] FNI. Notably, the House version of the bill would have given the FCC (rather than local zoning entities) authority to regulate tower siting. See generally Sprint Spectrum L.P. v. Parish of Plaquemines. No. 01- 0520. 2003 WL 193456. at *5 (E.D.La. Jan. 28, 2003) (discussing TCA's legislative history). But. as Section 332(c)(7)(A) shows, Congress made a conscious decision to reject any scheme revoking local control over zoning decisions, even at the cost of inhibiting the growth of wireless services. FN2. Although no fonnal motions have been med with the court, the parties agreed at oral argument the case is ready to be decided. A. Substantial Evidence Plaintiff argues that the city's denial nf plaintifi's conditional-use application was not supported by "substantial evidence." *1256 Plaintiff essentially argues that the city's decision was improperly based on nothing more than general, speculative aesthetics concerns. [1] While the Ninth Circuit has not yet decided a case under the TCA provisions at issue in this case, other federal courts agree "substantial evidence," as used in the TCA, was meant generally to track the standard of the same name set forth in the Administrative Procedures Act. See, e.g., Preferred Sites, UC v. Troup County. 296 F.3d 1210, 1218 (11th Cir.2002); Todd, 244 F.3d at 58; Omnipoint Corp., 181 F.3d at 407-08; Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490, 494 (2d Cir.1999); MetroPCS, Inc. v. City & County of San Francisco, 259 F.Supp.2d 1004, 1009 (N.D.Cal.2003). Although the TCA does not itself denne "substantial evidence," legislative history supports the decision to follow the Administrative Procedures Act standard. See H.R. Conf'. Rep. 104·458, at 208, reprinted in 1996 U.S.C.CAN. 124, at 223 (stating TCA standard is intended as "the traditional standard used for judicial review of agency actions"). Substantial evidence, therefore, means " 'such relevant evidence as a reasonable rind right accept as adequate to support a conclusion.' " Pierce V. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938». Substantial evidEmce is not "a large or considerable amount of evidence," and the fact two different conclusions could have been reached does not mean there is not substantial evidence. Id.; see also Todd, 244 F.3d at 58-59. As measured by degree, substantial evidence is usually considered to be "more than a mere scintilla" and less than a preponderance. Universal Camera Corp. v. NLRB. 340 U.S. 474, 477, 71 S.Ct. 456, 95 L.Ed. 456 (1951). In short, the governing standard is "highly deferential" to the local government's decision but does not amount to a mere rubber stamp. Second Generation Props., L.P. V. Town of Pelham, 313 F.3d 620, 627 (1st Cir.2002). The court must examine the entire record., including evidence contradictory to the local government's decision, in determining whether substantial evidence supports the decision. See Todd, 244 F .3d at 58; MetroPCS, 259 F.Supp.2d at 1010. In searching for substantial evidence, the government's decision is analyzed under the applicable zoning ordinance; "'[tJhe TCA's Copr. © 2004 West. No Claim to Orig. U.S. Govt. Works. WeStlaw 301 F.Supp.2d 1251 FOR EDUCATIONAL USE ONLY (Cite as: 301 F.Supp.2d 1251, *1257) 1147, 1150-51 (7th Cir.2003) ("The olÙY 'evidence' bearing on aesthetic considerations was the testimony of three or four residents that they don't like poles in general; they didn't say they would object to a flagpole in the church's [the proposed site's] backyard.... [T]here is no evidence that Verizon' s proposed flagpole would if erected in the churchyard be considered unsightly by the neighbors_... "); Troup County, 296 F.3d at 1219 (finding insufticient petitions which gave "no articulated reasons for the opposition" and a single affidavit reciting "generalized concerns" about the tower's negative aesthetic impact when there was no other evidence in the record); Oyster Bay, 166 F .3d at 492, 495-96 (finding insufficient evidence of visual blight because *1258 "[v]ery few residents expressed aesthetic concerns at the hearings," comments suggested that the "residents who expressed aesthetic concerns did not understand what the proposed cell sites would actually look like," and health concerns, a basis generally improper under the TCA, "dominated the speakers' statements"). [3] But even under the TCA, the board is entitled to make an aesthetic judgment as long as the judgment is "grounded in the specifics of the case," and does not evince merely an aesthetic opposition to cell-phone towers in general. Todd, 244 F.3d at 61; see also Petersburg Cellular P'ship v. Bd. of Supervisors of Nottoway County, 205 F .3d 688, 695 (4th Cir.2000) ("[If a zoning board] denies a pennit based on the reasonablyjounded concerns of the community then undoubtedly there is 'substantial evidence' " (emphasis in original». Accordingly, when the evidence specifically focuses on the adverse visual impact of the tower at the particular location at issue more than a mere scintilla of evidence generally will exist. Plaintiff nevertheless insists the evidence before the city in this case amounted to no more than unsupported and vague objections. See Plaintiff's Pre-Hearing Memorandum at 9. But a proper review of the record shows there was more than a scintilla of evidence "grounded in the specifics of the case." Todd, 244 F .3d at 61. Page 7 For example, neighboring residents submitted letters objecting to the tower's proposed location because the tower would inñinge upon the neighborhood's prized natural setting, comprised of [II' and evergreen trees as well as a greenway. See, e.g., R. 191, R.195, R.197, R.205, R.207, R.220, R.222, R.407, R.420. At the site, there is no significant commercial development; nor are there existing commercial towers or above-ground power lines_ R.26, R.205, R.407, R.420. In addition, on each side of the tower is a single- family residential zone; the record shows the tower would be SUITOunded by existing residences. See, e.g., R.247-58, R.769, R.816. Residents stated they relied on the natural, residential character of the neighborhood in purchasing their homes, which they would not have purchased had plaintiff's proposed tower been standing. R.191, R.199, R.205. The city properly relied on the evidence showing the tower would be incompatible with the character of this particular neighborhood. See, e.g., Todd, 244 F.3d at 61 ("The five limitations upon local authority in the TCA do not state or imply that the TCA prevents municipalities from exercising their traditional prerogatives to restrict and control development based upon aesthetic considerations.... "); Aegerter, 174 F.3d at 890- 91 (upholding zoning board's denial of cell- phone tower because the tower would be "unsightly" and "inconsistent" with the neighborhood, in which residents bought their homes in reliance on the neighborhood's existing residential character). In sum, although opponents made general assertions about the nature of cell-phone towers, they also considered the specific scene in which the proposed tower would appear. Moreover, the city also gave consideration to the proposed tower's distance from surrounding homes. The city council cited an appraiser's testimony that no other cell-phone facility in the city sits as close to residences as would plaintiff's proposed tower. R.39. In the board's words, "the cell tower in this case would be in the heart of an R-7 single family residential neighborhood and would be the functional equivalent of placing a cell tower in the center of a subdivision." R.27. In addition, Copr. " 2004 West. No Claim to Orig. U.S. Govt. Works. Westlaw 301 F.Supp.2d 1251 FOR EDUCATIONAL USE ONLY (Cite as; 301 F.Supp.2d 1251, *1260) [5] In sum, plaintiff does not carry its burden to show the City of Hillsboro's decision was not supported by substantial evidence. The city grounded its decision to deny plaintiff's application in "the specifics of the case," Todd, 244 F .3d at 61, not on merely unsupported and vague objections about cell-phone towers in general, as plaintiff contends. [FN 4] FN4. Plaintiff argues "[i]f the City had coocems other than aesthetics, those concerns could have been addressed by a conditional approval." See Plaintiffs Pre-Hearing Memorandum at 14-15. Specifically, plaintiff argues, "had the City had lingering concerns over either the lighting requirements or maintaining the large trees bordering the Golden Road location" the city should have conditioned approval on plaintiff s taking measures to alleviate those concerns. ¡d. But because the city's decision was Dot based on the issue of lighting or trees, the court need not consider this issue. Moreover, plaintiff does Dot point to evidence in the record showing what, if any, "reasonable conditions" were feasible and that would have effectively alleviated the city's concerns. See ORS § 197.522 (providing that local government can deny a permit application when it "cannot be made consistent through the imposition of reasonable conditions of approval"). In seeking to overturn the city's decision, the burden is on plaintiff. See St. Croix. 342 F.3d at 830; cf. United States Cellular Tel. of Greater Tulsa, UC v. Ciry of Broken Arrow, 340 F.3d 1122, 1137-38 (10th Cir.2(03) (" 'We doubt that Congress intended local zoning boards to pay for experts to prove that there are alternative sites for a proposed tower. ' ") (quoting Petersburg Cellular P'ship. 205 F.3d at 695). In any event, as discussed above, the city's decision is supported by sufficient evidence. B. Effective Prohibition Plaintiff further argues the city's denial effectively prohibits wireless services. Plaintiff specifically argues that because the city's denial was based on general aesthetic concerns, no tower could pass the city's review, since no one would praise the aesthetic virtue of a cell-phone tower. See Plaintiff's Pre-Hearing Memorandum at 17. [6] The TCA pennits a federal court to overturn a local government's zoning decision Page 9 when the decision has the "effect of prohibiting the provision of personal wireless services." 47 U.S.C. § 332(cX7XBXi). Unlike the substantial evidence inquiry, a district court reviews the record de novo to detennine whether it supports an effective prohibition claim. St. Croix, 342 F .3d at 833; Nan Tower, UC v. Plainville Zoning Bd. of Appeals, 297 F.3d 14, 22 (1st Cir.2002). [7] Most cases have held that a single zoning decision can give rise to an effective prohibition of wireless services. See, e.g., Second Generation Props., LP v. Town of Pelham, 313 F.3d 620, 629 (lst Cir.2002) (citing Town of Amherst v. Omnipoint Communications Enters., Inc., 173 F.3d 9, 14 (1st Cir.1999)); APT Pittsburgh LP v. Penn Township Butler County of Po., 196 F.3d 469, 479-80 (3d Cir.1999); MetroPCS, Inc., 259 F.Supp.2d at 1013; Airtouch Cellular v. City of EI Cajon, 83 F.Supp.2d 1158, 1167 (S.D.Cal.2000). The Fourth Circuit, however, has held that only blanket bans of wireless services implicate the TCA's effective prohibition provision. See City Council of Va. Beach, 155 F.3d at 428. The weight of authority, and the more persullsive reasoning, concludes that an effective prohibition can be shown either with a blanket ban or a single decision. As courts have recognized, construing the effective prohibition clause " 'to apply only *1261 to general bans would lead to the conclusion that, in the absence of an explicit anti-tower policy, a court would have to wait for a series of denied applications before it could step in and force a local government to end its illegal boycott of personal wireless services.''' St. Croix, 342 F .3d at 833 (quoting Sprint Spectrum, LP v. Willoth, 176 F.3d 630, 640-41 (2d Cir.1999)). Thus the court should consider whether, as plaintiff contends, the city's denial in this case amounts to an effective prohibition. In invoking the effective prohibition clause, " 'the burden for the carrier ... is a heavy one.' " Second Generation, 313 F.3d at 629 (quoting Town of Amherst, 173 F.3d at 14); see also MetroPCS, 259 F.supp.2d at 1013 (stating a provider challenging a pennit denial on effective prohibition grounds "bears a 'heavy' burden of proof"). Copr." 2004 West. No Claim to Orig. U.S. Govt. Works. Wætlaw 301 F.Supp.2d 1251 FOR EDUCATIONAL USE ONLY (Cite as: 301 F.Supp.2d 1251, *1262) Page 11 application on the sole ground the proposed location is in a neighborhood more affiuent than others. While plaintiff's position may be laudable, it points to no evidence showing the city based its decision on the alleged wealth of the residents. AB discussed below, plaintiff does not otherwise offer sufficient evidence supporting its argument the city engaged in unreasonable discrimination. [FN6l FN6. It is worth noting that plaintiff's argument regarding discrimination, i.e., that other. similar permits have been granted, is at least partially inconsistent with its argument regarding effective prohibition, i.e., that the city is effectively prohibiting wireless services. The TCA prohibits zoning boards from unreasonably discriminating "among providers of functionally equivalent services." 47 U.S.C. § 332(cX7XBXi)(I). As with claims under the effective prohibition clause, there is no deference to the local government's findings. Airtouch, 83 F .Supp.2d at 1164 (citing Cellular Tel. Co. v. Zoning Bd. of Adjustment of Ho-Ho-Kus, 197 F.3d 64, 71 (3d Cir.1999». [10] The TCA allows discrimination among providers as long as the discrimination is reasonable. See Willoth, 176 F.3d at 638. Plaintiff bears the burden of establishing the city engaged in unreasonable discrimination. See MetroPCS, 259 F.supp.2d at 1011-12. Plaintiff must show "other providers have been permitted to build similar structures on similar sites while it has been denied." ¡d. at 1012 (citing cases). That is, plaintiff must show the city treated a competitor more favorably "for a functionally identical request." ¡d. In determining whether unlawful discrimination occurred, a court must remain mindful that cities retain " 'flexibility to treat facilities that create different visual, aesthetic, or safety concerns differently to the extent permitted under generally applicable zoning requirements, even if those facilities provide functionally equivalent services.''' ¡d. at 1011 (quoting H.R. Conf. Rep. No. 104-458, at 208, reprinted in 1996 U.s.C.A.A.N. at 222). Thus a zoning board can treat one provider's application differently trom another provider's application based on "traditional bases of zoning regulation." City of Va. Beach, 155 F .3d at 427. Plaintiff does not carry its burden to establish unreasonable discrimination. Plaintiff cites a map showing the city has *1263 approved two other permits for wireless facilities in residential zones. R. 779-81. However, neither this map nor plaintiff establishes any relevant similarity (other than the common zoning designation) between those other two locations and the Golden Road location at issue here. The record shows the other facilities are "at different locations within the [city]." MetroPCS, 259 F.Supp.2d at 1012 (holding that a mere showing facilities were permitted in different locations within a district was not "unreasonable discrimination under the TelecommUIÙcations Act, as a matter of law"). In fact, the board specifically distinguished the other two sites. See infra at 1259-60. Nor does plaintiff show that the two other residential area permits were approved, as in this case, to improve indoor coverage rather than to fill a complete void in coverage. In BUIll, There is no evidence that the City Council had any intent to favor one company or fonn of service over another. [Instead] the evidence shows that opposition to the application rested on traditional bases of zoning regulation: preserving the character of the neighborhood and avoiding aesthetic blight. If such behavior is unreasonable then nearly every denial of an application such as this will violate the Act, an obviously absurd result. City of Va. Beach, 155 F .3d at 427. m. Conclusion For the reasons discussed above the court affirms the city's denial of plaintiff's application for a conditional use. The city's decision was based on more than a scintilla of evidence, does not effectively prohibit wireless services, and does not discriminate among providers. IT IS SO ORDERED. Copr. @ 2004 West. No Claim to Orig. U.S. Govt. Works. Westlaw: (CiffiRi MiRR lPliffili81 §jpxediffiR JEve1ITl~§ P(QJRilCY City Council September 7, 2004 CC ? -7-0'{ exh(\b,t #;¿o ~ CALI MILL PLAZA ~ $). CITY OF CUPEIQ1NO The City of Cupertino has entered into a license agreement with the Cupertino City Center Owners Association for public use of the property at the corner of Stevens Creek and De Anza Boulevards 1 History Sept. 2, 1987: development agreement - land to be kept open Dee. 11, 1996: Council approved a eonceptual agreement for publie use of the site June 26, 1997: Couneil approved the Lieense Agreement Abbreviated Terms of Use Agreement · Association owns the land · City installed the improvements · City maintains plaza during the first year, warranty period · Association maintains the plaza at the end of the warranty period; however, City maintains responsibility for the art. 2 There are parking and common areas appurtenant to Cali Mill Plaza, in Association ownership, that may be desirable for staging community events; these must be scheduled directly with the Association Process for Coordinating a Community Event at Cali Mill Plaza 3 Opportunity o The plaza is open 8 a.m. to lO p.m. every day. o Special event hours are 10 a.m. to 6 p.m. daily with cleanup to be completed by 8 p.m. o Parking areas under the control of the Association are available for events after 5pm weekdays. o Parking is available, by arrangement, on weekends. 4 . Cali Mill Plaza is open to for-profit and nonprofit organizations for community events. . Events of a commercial nature will only be permitted with the consent of the Association. Cost There is no rental fee for use of the plaza, but the event sponsor will be responsible for all costs, including those expenses resulting from City and Association requirements. 5 Security Deposit · A security deposit of $600 will be required at the time the reservation is made, for use of the plaza. · If additional areas are being used, the Association may require additional deposits. · The agent for the Association will hold the deposits. Scheduling · The City of Cupertino schedules use of the plaza, including activities scheduled by members of the Association. · Reservations must be made a minimum of six (6) months in advance of an event. 6 · The Cypress Hotel may hold up to two Saturdays per month for use of the plaza for weddings and other private parties. Submittal of an Event Plan · An event plan must be submitted at least six months prior to an event. · The plan must include, at minimum: - Description of the event - Hours of operation - Attendance - Utility requirements - Parking plan - Security plan - Trash removal and portable toilet plan - Access requirements - Child safety plan 7 Insurance Coverage . Insurance coverage will be reviewed after the event plan is submitted, but in no case shall the amount of coverage be less than $1,000,000.00 per occurrence. . Both the City and the Association must be named as additional insured, and held harmless. Alcohol Alcohol may be served at the plaza providing all Alcohol Control Board requirements have been met. 8 Estimated Cost for Use The event sponsor will ultimately be responsible for 100% of the actual out of pocket costs incurred by the City and Association. Acceptance of Terms . Once the event organizer and the city/association have agreed upon the operating plan for the event and the fees to be paid, the organizer will commit the security deposit, evidence of insurance and all fees. . Fees will be collected by the agent for the Association. 9 Notification of Neighbors The event organizer will be required to notify the interested property owners and tenants at least 30 days prior to the event and resolve, to the extent possible, any issues that arise, prior to the event. Post Event . Representatives of the City and Association will inspect the area for damage and inadequate cleanup. . The security deposit will be returned upon signoff by both entities. 10 Ct 1-7 -01.( ¡t~.tt:27 eX!v'blt Report to Cupertino City Council Regarding the Development Status of the Demonstration Portion of the Regnart Creek Trail On July 21, 2004 the Bicycle Pedestrian Commission (BPC) hosted a walk along the proposed demonstration portion of the Regnart Creek Trail that runs between Pacifica Drive and Blaney Avenue. Some thirty neighbors joined the walk, and shared with Commission members David Greenstein, Geoffrey Paulsen, May Koski, Joe Walton and Assistant Public Works Director Glenn Goepfert both their interests and concerns about the project. Joining the walk and subsequent Commission meeting were Santa Clara Valley Water District Representatives, including Bill Springer. The meeting of July 2151 was the fourth BPC meeting in the last eight months at which the idea of developing a multiuse trail along Regnart Creek had been placed on the agenda for discussion, and local residents invited to participate. From these discussions, it is clear that there is a history of concerns regarding the Creek, and its inappropriate use, that dates to the initial building of homes in the area some thirty-five or more years ago. With the building of the first homes along the south boundary of the Creek, youngsters took great sport in throwing dirt clods, rock and debris into the fenced backyards of the neighboring homes, which in some cases resulted in broken windows and frayed nerves. This sort of mischief continued until the entire Creek was fenced and locked gates installed by the Water District a number of years ago. So for a number of residents of the neighborhood, opening Trail to public use represents the return of vandalism, loss of privacy, disturbing noise and property loss. Other residences of the area expressed concerns about the safety of the Trail both during rainy periods when the creek is full and running swiftly, and in dry periods when the creek's steep V-shaped sides present a risk of someone falling into this canalized water course, and being unable to climb out. Additionally, concerns were expressed about the danger of pedestrian crossings where the Trail intersects neighborhood streets such as Blaney, and the danger of harassment or assault on its more secluded portions. Commission Action: Bya vote of 4-0, the Commission approved a motion to submit a report to the City Council on the public feedback received thus far on the proposed Regard Creek Tail, and to recommend to the Council that (1) a Regnart Creek Task Force be formed, and (2) that the currently unfunded Regnart Creek Trail project commence with a feasibility study when funding becomes available. The Commission is encouraged to believe that a Task Force could identify all relevant concerns, and a feasibility study reveal solutions to alleviate these concerns through innovative design, proper administration and appropriate enforcement. The feasibility study, as conducted by a qualified firm specializing in the study and design of multiuse trail systems, would likewise be tasked to estimate the cost installing the Trail and assessing its potential usage. Submitted this 18th day of August 2004 by David Greenstein, Chairperson for Cupertino's Bicycle Pedestrian Commission, on behalf of himself and Commission members Julia Fu, May Koski, Geoffrey Paulsen and Joe Walton. Signed: David Greenstein E