Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CC 10-04-04
(I CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday, October 4, 2004 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS I. Proclamation recognizing the Cupertino National Little League Junior All-stars. (No documentation in packet). 2. Proclamation acknowledging Simon Leong as a 2004 recipient of the Business Community Bridge Award. (No documentation in packet). (This item was continued from 9/20/04). 3. Proclamation acknowledging retired librarian Gail Hugger. (No documentation III packet). (This item was continued from 9/20/04). POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. -~~--'-----'----"'-'~-----'- October 4, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 2 4. Approve the minutes from the September 20 City Council meeting. (To be distributed underseparatecove~. 5. Adopt resolutions accepting Accounts Payable for September 17 and September 24, Resolution Nos. 04-411 and 04-412. 6. Adopt a resolution accepting Payroll for September 24, Resolution No. 04-413. 7. Accept the Treasurer's Budget Report for August 2004. 8. Adopt resolutions supporting the local School District Measures on the November 2, 2004 ballot: a) Cupertino Union School District's Measure 0, Resolution No. 04-414 b) Fremont Union High School District's Measure L, Resolution No. 04-415 c) Sunnyvale School District's Measure P, Resolution No. 04-416 9. Accept municipal improvements for GB Estate Homes, LLC, 10690 South Stelling Road, APN 359-22-067 (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 10. Consider adopting a resolution abating a public nuisance (excessive un-containerized garbage, 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 No. 04-417. 11. Consider adopting a resolution 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, E.C. and Colleen P. James property owners, Resolution 04-418. 12. Application(s) U-2004-1O and ASA-2004-l4; Mike Rohde (Vallco Shopping Center); 10123 and 10150 N. Wolfe Rd. APN(s) 316-20-037, 316-20-038, 316-20-062, 316-20- 063: a) Approve a use permit to construct 204 residential units and a parking structure (This item was continued from 9/20/04). October 4, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 3 b) Approve architectural and site approval for 138,760 square feet of new retail space, 204 residential units and a parking structure (This item was continued from 9/20/04). PLANNING APPLICATIONS 13. Approve Application No. M-2004-07, a modification to Use Permit (U-2003-04) and Tentative Map (TM-2003-02) to construct a 107-unit condominium project and 6,450 square feet of new retail space, Jane Vaughan (Menlo Equities), 10050 N. Wolfe Road, APN(s): 316-20-084. UNFINISHED BUSINESS 14. Consider adopting a resolution approving the 2004-2005 Citizens' Option for Public Safety (COPS) grant funding program. Utilize these revenues to add back a second School Resource Officer (SRO) position for up to nine months for the 2004-05 school year through a partnership with the City of Cupertino, the Cupertino Union School District (CUSD), and the Fremont Union High School District (FUHSD). Additional monies have been requested from the Rotary Club of Cupertino, Resolution 04-419. NEW BUSINESS 15. Review and reject all bids submitted for the Storm Drain Catch Basin Cleaning, Project No. 2004-07. 16. Receive the Certificate of Sufficiency for three initiative petitions and provide direction to staff. 17. Authorize the City Manager to execute an Amendment to the Joint Funding Agreement with other Santa Clara County cities to update the current scope and authority of the Silicon Valley Regional Interoperability Project. 18. Receive a resignation letter from Telecommunications Commissioner David Eggleston, and post an amended vacancy notice. 19. Receive a report on commissions and committees with terms expiring January 15,2005, and select an application deadline date of December 28 and interview dates of January 10 and 11,2005. ORDINANCES 20. Conduct the second reading of Ordinance No. 1946: "An Ordinance of the City Council of the City of Cupertino Rezoning a 7.5-Acre Site From Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping, Residential)." October 4, 2004 Cupertino City Council Cupertino Redevelopment Agency Page 4 21. Conduct the second reading of Ordinance No. 1947: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (I-DA-90) to Encompass the Development Proposed in U-2004-1O and ASA-2004-14 for 138,760 Square Feet of New Retail Space, 204 Residential Units and a Parking Structure." 22. Conduct the second reading of Ordinance No. 1948: "An Ordinance of the City Council of the City of Cupertino Amending Sections l8.28.040A and l8.28.050C of the Cupertino Municipal Code Relating to Vesting Tentative Maps." STAFF REPORTS COUNCIL REPORTS CLOSED SESSION ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, September 20, 2004 PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Richard Lowenthal, Dolly Sandoval (7:10 p.m.), and Kris Wang. Council members absent: none. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, City Planner Cynthia Wordell, Web Specialist Nidhi Mathur, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation acknowledging retired librarians, Bonnie Wong and Gail Hugger. Mayor James presented the proclamation to librarian Bonnie Wong. Gail Hugger was not able to attend. 2. Proclamation recognizing the Cupertino National Little League Major Cardinals and Cupertino National Little League II Year-old All-Stars. (No documentation in packet). Mayor James presented proclamations to the two teams, their coaches and their managers. 3. Proclamation to Simon Leong as a 2004 recipient of the Business Community Bridge Award. Mr. Leong was not able to attend, and this item was continued. ;;. / September 20, 2004 Cupertino City Council Page 2 4. Proclamation presented to the Santa Clara County Sheriff's Department and the Santa Clara County Fire Department in recognition of the third anniversary of9/11 Mayor James presented the proclamation to representatives from the Sheriff s Department and the Fire District. Sheriff Laurie Smith and Deputy Fire Chief Hal Rooney accepted the proclamations on behalf of their employees. POSTPONEMENTS Item No. 14 was tabled. WRITTEN COMMUNICATIONS The City Clerk reported that two letters were received for item No. 12. ORAL COMMUNICATIONS Robert Levy discussed the timing and purpose of City Council study sessions, and said that not only does it give Council a chance to learn about things in more detail, it also can be used as a means to give early warning to developers about the direction of their projects. CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No.5, which was pulled for discussion. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 6. Adopt resolutions accepting Accounts Payable for September 3 and 10, Resolution Nos. 04-402 and 04-403. 7. Adopt a resolution accepting Payroll for September 10, Resolution No. 04-404. 8. Adopt a resolution amending Resolution No. 02-167 which established a Cupertino Teen Commission to appoint at least one person from each public middle school and public high school, if possible, Resolution No. 04-405. 9. Adopt a resolution accepting an Improvement agreement for Bhopinder Matharu, 21828 Alcazar Avenue, APN 357-14-050, Resolution No. 04-406. 10. Adopt a resolution accepting a Grant of easement, roadway for Bhopinder Matharu, 21828 Alcazar Avenue, APN 357-14-050, Resolution No. 04-407. II. Approve a request from the Library Foundation to keep the Quinlan Community Center open past II p.m. on December 31, 2004, for a New Years Eve party. 1./ _ ? geptember 20, 2004 Cupertino City Council Page 1 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Approve the minutes from the August 31 and September 7 City Council meetings. K wok/Sandoval moved and seconded to approve the minutes, with August 31 amended to reflect wording by Council member Kwok on page 5-3 and September 7 amended to correct the Call to Order section. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARINGS 12. Application(s) Z-2004-0l, U-2004-1O, ASA-2004-l4, M-2004-06, EA-2004-11; Mike Rohde (Vallco Shopping Center); 10123 & 10150 N. Wolfe Rd. APN(s): 316-20-037, 316-20-038,316-20-062,316-20-063 a) Grant a mitigated negative declaration b) Approve the rezoning of a 7.5-acre site from Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping, Residential) Conduct the first reading of Ordinance No. 1946: "An Ordinance of the City Council of the City of Cupertino Rezoning a 7.5-Acre Site From Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping, Residential)." c) Approve a use permit to construct 204 residential units and a parking structure d) Approve architectural and site approval for 138,760 square feet of new retail space, 204 residential units and a parking structure e) Approve a modification of a Development Agreement (l-DA-90) to encompass the development proposed in U-2004-1O and ASA-2004-l4 Conduct the first reading of Ordinance No. 1947: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (l-DA- 90) to Encompass the Development Proposed in U-2004-10 and ASA-2004-14 for 138,760 Square Feet of New Retail Space, 204 Residential Units and a Parking Structure." The City Clerk distributed the following correspondence: (I) An email from Michael Pyle urging rejection of these items and asking that they be sent back to the Planning Commission; and (2) A letter from Ron Moore asking that the project no building height increases be allowed. 4- '3 geptember 20, 2004 Cupertino City Council Page 4 Community Development Director Steve Piasecki reviewed slides regarding the de~elopment agreement, and City Planner Cynthia Wordell reviewed slides on the site plan, the remaining design issues, traffic and pedestrian circulation, and landscaping and tree removal. Project Architect Kirk Ellis presented slides of the site plan, discussed the project in detail, and answered Council's questions. Barry Coate, the City's consulting arborist, said that the roots on the ash trees had been cut because their tree boxes were too small, and as a result the trees were badly damaged and had thin canopies with little foliage on top. He said that taking this opportunity to replace the damage trees and provide only a single row would be a way to create Fire Department access to the new buildings. Robert Levy, Wilkinson Drive, asked why Menlo Properties was required to provide park space or park in-lieu fees for their project, and this developer was not required to do the same. He also said he felt that the amount of parking per unit was insufficient, especially if the residents were families with children, and he asked if they would be rental units or for-sale units. Al DeRidder, Anne Lane, said the project needs more green space. He said that the lower floor of Vallco is almost completely vacant, as is some of the upper floor, and it seems that they cannot fill up what they have and yet they are adding more retail space in this project. He said the parking seems insufficient for the residents, the parallel parking would impact bicyclists, and he was opposed to the increased density. Ron Walker, Anne Lane, said he liked the look of the project, but felt Council should reconsider the overall density of the three projects in that area [Val1co, HP, and Menlo Properties]. He said there would be a major impact on traffic, and he also believed there would be a negative impact on the elementary school. Dennis Whittaker said this project did not have sufficient access to fresh air and recreation areas, and asked if the fire trucks will be able to get into and out of the driveways. He was concerned about traffic congestion and backups at the intersection of Vallco and Wolfe, and suggested that Wolfe Road go completely underground. He also questioned the reports that said the schools could handle the extra students, because the same thing had been said about the Seven Springs development and there had been a major impact. Wordell clarified that each unit would have two parking spaces provided, which are exclusive to the residential project, plus there would be additional parking for guests. The retail section would have one parking space for every 248 square feet. Jennifer Griffin, Calvert Drive, was opposed to the removal of the ash trees on Wolfe Rd. and Vallco Parkway because they were a hallmark of the shopping center. She believed the existing trees could be saved and wanted to keep the double row. She was also in favor of a high-tech park use on the HP property. Lj-~ geptember 20, 2004 Cupertino City Council Page 5 Mark Bums, representing the Cupertino Chamber of Commerce, said that a lot of thought has gone into the plans for Val1co, and the Chamber fully supports this project. He said that a balance must be found between meeting residents' needs, improving City revenues, and encouraging business. Lowenthal said he felt that the housing project should not be started until the theaters have been finished, because they were so important to revitalizing the mall. He agreed that two rows of ash trees should be kept, and felt there were inadequate courtyards and green space. He suggested lowering the density to 180 units. He also suggested that future Vallco projects should be noticed to the whole city. He thought the parking ratios were fine, and in retrospect, he thought the Council might have to reconsider more open space for the HP concept that was discussed at an earlier meeting. Wang agreed the theater should come in first. She referred to the arborist's report that said the only way to remove the risk from trees was to remove all trees, and said that the community must understand there was a good reason to remove and replace the existing ash trees. She discussed the cumulative impacts of traffic on the intersection Levels of Service and said that further study may be needed to identify some solutions. She also was concerned about the lack of sufficient park space, and was in favor of all three projects creating a shared recreational space as well as a small indoor site, such as indoor Ping Pong. She encouraged better pedestrian and bicycle access. Wang also said that the school district statistics may be out of date and suggested they review the impacts again. Mike Rohde, Vallco General Manager, was asked to comment on the current activity at Val1co. He explained that the previous mall owners had either relocated tenants or not renewed leases on the lower floor because earlier plans were to convert those stores to parking. The new owners have different plans that include adding a third-story movie theater, but they have not yet finished the structural upgrades that may affect the lower level. He explained that Sears and Penney's own their properties, and the Vallco owners are negotiating agreements with a theater group as well as with those two anchor stores. He asked for the Council's trust and support as they work through this complex negotiation, because the residential use is vital for providing economic support for the theaters. Todd Stoutenborough, P& R Architects, said his firm had been hired by a theater operator to develop the plans, and they have already hired structural engineers, and they expect to get permits for work to begin on the lower level very soon. He said that it was crucial to have City cooperation when developing reciprocal agreements among all the department store property owners. Kwok said he was satisfied with the density, and there will be park dedication fees paid as a part of this project. He said that lowering the density would allow more open space but the trade-off is higher development fees, and it may be better to create a recreation space for the three new developments in the area to share. He said he was satisfied with the school district's statement that they could accommodate the needs of this new project. J!_ S geptember 20, 2004 Cupertino City Council Page 6 He talked about how this project was important to the City's economic vitality. He also suggested keeping the ash trees if possible because they are a landmark of the area. Sandoval concurred that the double row of ash trees should be retained on Wolfe Road. She said there is some value in considering the theater as a community benefit. She agreed that it was important to provide expanded notice on the Vallco and HP projects, and asked that, whenever these are heard, staff provide an update on the progress of the Menlo Properties project. She said that the project may be more attractive to future residents if there is more consolidated green space, and reminded the staff that park fees do not always have to go to pay back earlier debt but could be used to purchase land for a new park. She said she was satisfied with the school district evaluation of the increases in students, because they use experts to do their statistical analysis. James concurred that the school evaluations were sufficient and said that they do perform a cumulative study. James talked about the importance of the new retail uses to the City, and said that the Council has made the mistake before of holding up one developer by asking them to work in conjunction with another, and lost both projects as a result. She said it was fortunate that Vallco was now owned by local business people, and felt the City should proceed with the zone change. She said she would like to keep the double row of ash trees ifit is feasible, and she suggested a skate park as a recreation area. James said she liked the mural idea and suggested that local schools and colleges have an opportunity to participate. Council members further discussed the idea of linking the theater project to the residential project. Community Development Director Steve Piasecki suggested that the Council hold first readings on the development agreement and zone change, and continue the rest of the items for two weeks. He said that interested Council members could then meet with the applicants regarding the theater-residential link, other options to create internal open space, consider options to retain trees and meet fire safety needs, and enhancements to the bicycle and pedestrian connections. Lowenthal/Sandoval moved and seconded to grant a mitigated negative declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. The City Clerk read the title of Ordinance No. 1947. SandovallKwok 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. The City Clerk read the title of Ordinance No. 1946. SandovaVLowenthal 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. Lj-ú September 20, 2004 Cupert:no C;ty counca Page' SandovallKwok moved and seconded to continue the use pennit application and the architectural and site approval to the next meeting, and asked that staff meet with the applicants in the meantime. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None RECESS -10:20 p.m. to 10:33 p.m. UNFINISHED BUSINESS 13. Authorize the release of the draft General Plan. (This item was continued from July 19). Community Development Director Steve Piasecki reviewed the staff report. He clarified that this was the plan created by the General Plan Task Force and had not been adopted by the city. He explained that staff would be add an Initiative Alternative to the document matrix in the event that the Initiatives pass. He said that the City Attorney advised the Council to adopt this alternative so that the General Plan would be consistent with the Initiatives if they do pass, and so the public can see what the impacts would be. Mayor James clarified that Council would only discuss the format, the content, the understanding, and usability of the document this evening, and the debate on the issues themselves would follow once the document goes to a public hearing. Piasecki said that draft Initiative studies had been included in the packet. City Planner Cynthia Wordell said that the next steps would be to prepare and approve a schedule for the Planning Commission community meetings and public hearings, which would begin by the end of October or early November. She said that the Planning Commission would look at the whole document and recommend a final draft to Council for adoption. James suggested adding under the Minority Report that they agree with the Administrative Draft in order to fit better with the matrix. She asked any Minority Report signers to comment on that idea. Kwok asked the City Attorney to explain the pros and cons of moving forward with the General Plan Amendment in light ofthe Initiatives. City Attorney Charles Kilian said it was important to proceed with the General Plan, including the Initiative Alternative, so that public hearings could take place before any election, so that if the Initiatives pass, then the General Plan would already be in conformance, and if they didn't pass, then no time would be lost with the General Plan. 4-7 geptember 20, 2004 Cupertino City Council Page g Sandoval said she found the Task Force draft General Plan to be cumbersome. She requested that the web site be designed to bring up one chapter at a time, that dates be included in the header or footer, and the "hot topics" section be broken out. Web Specialist Nidhi Mathur said that she would work with staff to be sure the document is readable and broken up into pieces that are easy to download. James said that she had asked staff to gather information over the last four years, from January 2001 to September 2004, to show the residential, commercial, and retail projects that have been approved by Council. She concluded that over the last four years, Council hasn't approved anything over three stories. She said that she had also asked staff to look at how many exceptions Council had granted. She concluded that in 2001, one exception was granted; in 2002, two exceptions were granted; in 2003, one exception was granted; and in 2004, two exceptions were granted. Robert Levy said he agreed with the comment on the Minority Report that the Administrative Draft was better than the Task Force draft. He said the problem with the final Task Force draft is the definition of affordable housing, less emphasis on walkability in Cupertino, and the idea that high-density units would attract people without children. He wondering ifthat's what Cupertino really wants. Jody Hansen, Chief Executive Officer of the Chamber of Commerce, said the Chamber was not in favor of adding the Initiative Alternative to the draft. She said that there is already a professional planning process in place and that the process shouldn't be circumvented on the demands of a few citizens. She said that input from the community was important, but that the General Plan process should stay on track with its public hearing process, and the Concerned Citizens of Cupertino (CCC) members could participate like other citizens. Rod Brown agreed with Mayor James' suggestion to add under the Minority Report that they agree with the Administrative Draft. He said he thought that suggestion would accurately reflect the views of those who signed that report. Dennis Whittaker asked staff to confirm or deny that the Hunter Storm Town Center development had three stories, but they altered the roof-line slope to be able to add a fourth floor. Wordell confirmed that the development is three and a half stories and said that this fact would be shown in the plans. Sandoval said that this improved document was a good place to begin community discussion on the options, including the Administrative Draft, the Task Force draft, the existing General Plan, the Minority Report ideas, and the new Initiative Alternative. She said that the General Plan shouldn't be so strict and rigid so as not to be able to anticipate what would be needed in the future. She said that the protection of existing single-family neighborhoods should be expounded on as much as possible. She said that the Initiative LI_ 5 geptember 20, 2004 Cupertino City Council Page 9 process is jumping the gun on the General Plan process and she wouldn't be in favor of adding a column to the matrix regarding the Initiatives. She said the General Plan and the Initiatives are two very different processes and suggested sticking to the original matrix without the Initiative Alternative. Kwok said that this document reflects the community's input and that moving forward with the draft General Plan shows the Council's strong commitment to the community. He said he agreed with Sandoval to not put in an additional column addressing the Initiatives. He said the intent of the people supporting the Initiatives is good, but the process is wrong. He said that the General Plan process should be the only focus right now and that it was importaßt to receive more input from the community. Wang acknowledged staffs efforts in putting together Council's concerns and said that this document was easier to follow. She said that it was important to keep moving the General Plan process along regardless of the Initiatives. Lowenthal said he agreed with the suggestion to treat the Initiatives separately and to continue on with the General Plan process. He said it was easier to follow the document in the matrix, summary format rather than text, and suggested that staff give the Planning Commission just the hot topics matrix to work with and come back with their recommendations. James thanked staff for putting the three separate documents into a matrix format to work with. She said that it was important to have both the graph and the text formats. She said she liked the "hot topics" area and the photographs of the different developments in Cupertino, and suggested that addresses be included. She said that this document was difficult to read online, and asked how people could obtain hard copies. Wordell said that the City sold the Task Force draft for $25.00 and with the attachments, it would cost about $35.00. The public could visit the City's website for information on how to get the document or call the Planning Department. James said that it was important to have the Initiatives studies section, but that the City shouldn't publish the CCC's information for them, and that it was important to keep the General Plan process separate from the Initiatives. . James asked whether Council wanted the Initiative Studies to be included in the document. Lowenthal suggested that steps should be taken regarding the Initiative Studies after the Registrar of Voters confirms if there were sufficient signatures on the petition, presumably at the October 4 Council meeting. The rest of the Council concurred. Sandoval suggested extending the timeline to include joint Planning Commission meetings with the Bicycle Pedestrian and Housing Commissions so that they have more of a say in the document. Lj-C{ geptember 20, 2004 Cupertino City Council Page 10 Lowenthal/Sandoval moved and seconded to authorize the release of the General Plan, which includes the Task Force Draft, Task Force Minority Report, the "Hot Topics" matrix and Background report, the Corrections document and the Environmental Impact Report. Council also directed that the Planning Commission review the documents and that they conduct joint hearings with any advisory body that has topics related to the General Plan, and directed staff to bring back a schedule of those hearings by the second City Council meeting in October. NEW BUSINESS 14. Adopt a resolution supporting the West Valley-Mission Community College District (WVMCCD) $235 Million Bond Measure H, Resolution No. 04-408. This item was tabled. 15. Should the City Council commit the full $66,000 budgeted for the 2005 4th of July event, or solicit matching donations from the community to offset a portion of the cost? KwokILowenthal moved and seconded to spend funds in the budget on the 4th of July fireworks for the same kind of event that was held in July 2004. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Sandoval said that if service clubs, other groups or individuals in the community are interested in doing some fundraising, the City would welcome their efforts. 16. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks on Carmen Road, north of Stevens Creek Boulevard, pursuant to Ordinance No. 1925, Resolution No. 04-409. Council member Kwok said that he lived in this area, and would abstain from participation. He left the dais at that time. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 04-409. Vote: Ayes: James, Lowenthal, Sandoval, and Wang. Noes: None. Absent: Kwok. 17. Adopt a resolution setting the auction date of November 16, 2004 to auction surplus property - Oak Valley lots, APN nos. 342-58-011, 342-59-013, and 342-59-002, Resolution No. 04-410. LowenthallKwok moved and seconded to adopt resolution No. 04-410. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 18. Receive the resignation letter from Telecommunications Commissioner Sal Algeri and set the application deadline and interview date to fill the unscheduled vacancy. Council concurred to accept the resignation letter, set October 22 as the deadline for applications and to conduct interviews on Nov. I at 5:30 p.m. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 4-1 C September ~O, ~004 Cupert;no C;ty Counca Page 11 19. Conduct the first reading of Ordinance No. 1948: "An Ordinance of the City Council of the City of Cupertino Amending Sections l8.28.040A and 18.28.050C of the Cupertino Municipal Code Relating to Vesting Tentative Maps." The City Clerk read the title of the ordinance. LowenthaVSandoval 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. 20. Add a second School Resource Officer (SRO) position for up to nine months for the 2004-05 school year. Council members discussed whether to fund the SRO for 8 months instead of 9, or to investigate whether there were other projects for which the additional $110,000 grant funds could be used. Sandoval said she would vote in favor of this because of the importance of the SROs to the schools, but she felt that the school districts and their foundations needed to know they have to step up and participate. KwokILowenthal moved and seconded to approve adding the second School Resource Officer position in an amount not to exceed $110,000 (or up to $120,000 if the Fremont union High School District Foundation and/or Cupertino Education Endowment Foundation Boards pledge $5,000 each). Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ORDINANCES 21. 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." Lowenthal/Wang moved and seconded to read the ordinance by title only, to make a minor amendment to read "City Council meetings that fall on any Election Tuesday shall automatically be moved to the first Monday of the month", and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Wang moved and seconded to enact Ordinance No. 1941. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 22. Conduct the second 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." LI _II , geptember 20, 2004 Cupertino City Council Page 11 Lowenthal/Wang moved and seconded to read the ordinance by title only and that the City Clerk~s reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Wang moved and seconded to enact Ordinance No. 1944. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 23. Conduct the second 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." Lowenthal/Wang moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Wang moved and seconded to enact Ordinance No. 1945. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. STAFF REPORTS 24. Receive a status report on the General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood reviewed a handout reflecting cash basis current and prior year cash receipts. She said that sales tax is down because Anderson Chevrolet has left the City, and they typically brought in $200,000-$400,000 in sales tax. The cash receipts are up in other areas because the city raised those fees recently for taxes, zoning and planning fees, etc. She said that Use of Money and Property is down because the portfolio has been reduced as a result of construction. The intergovernmental category is down because last year the state took $780,000 in motor vehicle license fees. She said that for the first two months revenues are up $187,000 and the City is below budget on expenditures by $45,000. However, the City had only budgeted for next year's Council election and a special election for the initiatives would cost an additional $370,000. Council received the report and no action was taken. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the following: The Cupertino Community Services barbecue raised $57,000 and honored the firefighters' response to the 9-11 attack; Simon Leong was honored for the Bridge Award at the luncheon held at the new Dynasty Restaurant; the success of the recent moon festival; the City's active participation in the recent League of California Cities conference which L/-1d- DRAFT RESOLUTION NO. 04-411 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 SEPTEMBER 17, 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: rP~~ a {J--f,.J/ I;) ,Ç) Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~ day of Oc tober , 2004, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5-1 09/16/04 CITY OF CUPERTINO PAGCµ ACCOUNTING PERIOD: 3/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "09/13/2004" and "09/17/2004" FUND - no - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDQR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 609461 V 07/23/04 M2005 APWA REGISTRATION 1108001 APWA CONGRESS 9/12-15 0.00 -1845.00 1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 45.38 1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 22.61 1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 22.61 1020 610535 09/17/04 4 A T · T 1108501 SEPT2004 STATEMENT 0.00 22.61 1020 610535 09/17/04 4 AT · T 1108501 SEPT2004 STATEMENT 0.00 22.61 TOTAL CHECK 0.00 135.82 1020 610536 09/17/04 7 ABAG PLAN CORPORATION 1104540 C. BARNETT BODILY INJY 0.00 1550.00 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108507 JULY/AUGUST 2004 0.00 270.09 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108503 JULY/AUGUST 2004 0.00 531.46 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108501 JULY/AUGUST 2004 0.00 923.63 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108509 JULY/AUGUST 2004 0.00 43.59 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108508 JULY/AUGUST 2004 0.00 40.78 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 5708510 JULY/AUGUST 2004 0.00 456.26 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108505 JULY/AUGUST 2004 0.00 172.76 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108504 JULY/AUGUST 2004 0.00 1499.40 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 5606620 JULY/AUGUST 2004 0.00 541.94 1020 610537 09/17/04 9 ABAG POWER PURCHASING PO 1108506 JULY/AUGUST 2004 0.00 90.09 TOTAL CHECK 0.00 4570.00 1020 610538 09/17/04 13 ACME & SONS SANITATION C 5606640 FY 2004-2005 OPEN PURC 0.00 182.83 1020 610539 09/17/04 3210 AETNA 6414570 LONG TERM DIS. SEPT04 0.00 3382.49 1020 610540 09/17/04 26 AIR FILTER CONTROL INC 5708510 SUPPLIES 0.00 80.00 1020 610540 09/17/04 26 AIR FILTER CONTROL INC 1108513 SUPPLIES 0.00 11.03 1020 610540 09/17/04 26 AIR FILTER CONTROL INC 1108507 SUPPLIES 0.00 91.01 1020 610540 09/17/04 26 AIR FILTER CONTROL INC 1108505 SUPPLIES 0.00 91.01 TOTAL CHECK 0.00 273.05 1020 610541 09/17/04 2276 ALHAMBRA 1104510 BOTTLED DRINKING WTR 0.00 253.50 1020 610541 09/17/04 2276 ALHAMBRA 1104510 BOTTLED DRINKING WTR 0.00 106.65 TOTAL CHECK 0.00 360.15 1020 610542 09/17/04 2319 ALL CITY MANAGEMENT SERV 1108201 CROSSING GUARDS SEPT4 0.00 7786.89 1020 610543 09/17/04 44 AMERICAN RED CROSS 1104400 BOOKS 0.00 173.70 1020 610544 09/17/04 968 EAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 47.67 1020 610544 09/17/04 968 BAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 64.95 TOTAL CHECK 0.00 112.62 1020 610545 09/17/04 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURC 0.00 85.41 1020 610545 09/17/04 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURC 0.00 82.68 1020 610545 09/17/04 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURC 0.00 125.46 TOTAL CHECK 0.00 293.55 1020 610546 09/17/04 2933 BAY GLASS COMPANY 1108511 SUPPLIES 0.00 237.37 RUN DATE 09/16/04 TIME 07:58:07 - FINANCIAL ACCOUNTING 5"'~ol 09/16/04 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 3/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 610547 09/17/04 3050 VASANTHI BRAT 5506549 SERVICE AGREEMENT FOR 0.00 240.00 1020 610548 09/17/04 100 BMI IMAGING SYSTEMS 1104300 FY 2004-2005 OPEN PURC 0.00 450.09 1020 610549 09/17/04 M2005 BUI, THANH PHUNG no UNUSED NOTICE DEPOSIT 0.00 106.57 1020 610550 09/17/04 M Baratz, Linda 550 Refund: Check Class 0.00 60.00 1020 610551 09/17/04 M Bianchi, Jenny 550 Refund: Check Partia 0.00 21.00 1020 610552 09/17/04 133 CAL-LINE EQUIPMENT CO IN 6308840 SHARPEN BLADES A27223 0.00 80.00 1020 610553 09/17/04 127 THE CALIFORNIA CHANNEL 1103500 SEPT2004 PROGRAMMING 0.00 253.34 1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108509 7/22-8/19 0.00 263.69 1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108407 7/22-8/19 0.00 41BO.82 1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108314 7/22-8/19 0.00 3974.77 1020 610554 09/17/04 132 CALIFORNIA WATER SERVICE 1108508 7/22-8/19 0.00 48.70 TOTAL CHECK 0.00 8467.98 1020 610555 09/17/04 3231 CANON U.S.A., INC. 1108101 CANON MS-300 W/CAPTURE 0.00 4935.12 1020 610556 09/17/04 144 CASH 5606620 P.CASH 3/22-9/12 0.00 54.21 1020 610556 09/17/04 144 CASH 1106647 P.CASH 3/22-9/12 0.00 21.19 1020 610556 09/17/04 144 CASH 5806649 P.CASH 3/22-9/12 0.00 108.70 1020 610556 09/17/04 144 CASH 5606620 P. CASH 3/22-9/12 0.00 49.38 TOTAL CHECK 0.00 233.48 1020 610557 09/17/04 2646 CDW-G 6104800 SQL SERVER ORDER#H3151 0.00 1449.47 1020 610558 09/17/04 M CHAN, ANGIE 580 Refund: Check - FALL; 0.00 260.00 1020 610559 09/17/04 1580 CLARK'S AUTO PARTS . MAC 6308840 PARTS/SUPPLIES A27225 0.00 153.16 1020 610560 09/17/04 M CLOULEUR, JESSICA 580 RFDS 292705 & 292706 0.00 182.00 1020 610561 09/17/04 1312 COUNTRY CLUB CAR WASH 6308840 DETAIL #11 A27212 0.00 150.00 1020 610562 09/17/04 M2005 CREATIVE EVENT SOLUTIONS 1104400 REGILUCAS & RAMANICH 0.00 284.00 1020 610553 09/17/04 3121 CREATIVE GROUP 4259313 L.CLEMENT W/E 7/28 0.00 603.75 1020 610564 09/17/04 1407 CUMMING HENDERSON TIRE 6308840 FY 2004-2005 OPEN PURC 0.00 107.29 1020 610565 09/17/04 M CUNG. THU 580 Refund: Check - FALL: 0.00 65.00 1020 610566 09/17/04 194 CUPERTINO SUPPLY INC 1108314 FY 2004-2005 OPEN PURC 0.00 9.66 1020 610566 09/17/04 194 CUPERTINO SUPPLY INC 1108314 FY 2004-2005 OPEN PURC 0.00 6.58 TOTAL CHECK 0.00 15.24 RUN DATE 09/16/04 TIME 07:58:07 FINANCIAL ACCOUNTING $"'-3 09/16/04 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD, 3/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 610567 09/17/0' 2230 NANCY CZOSEK 1101070 PC STUDY SESSION 0.00 53.65 1020 610568 09/17/04 3069 DA SILVA ENVIRONMENTAL 1108005 HAZ WASTE DISPOSAL 0.00 213 .50 1020 610569 09/17/04 2922 DAVE'S AUTO & FABRlCATIO 6308840 PARTS/SUPPLIES 0.00 7585.67 1020 610570 09/17/04 205 DAVID WELLHOUSE & ASSOC 1100000 CLAIMS FILED SUMMER04 0.00 3500.00 1020 610571 09/17/04 209 DE ANZA SERVICES INC 5606620 JANITORIAL SEPT2004 0.00 450.64 1020 610571 09/17/04 209 DE ANZA SERVICES INC 5606640 JANITORIAL SEPT2004 0.00 450.65 TOTAL CHECK 0.00 901.29 1020 610572 09/17/04 21. DEPARTMENT OF TRANSPORTA 1108602 TRAFFIC SIGNAL SAFETY 0.00 73.51 1020 610573 09/17/04 M DISMUKE, DEBRA 580 Refund: Check - FALL:# 0.00 60.00 1020 610574 09/17/04 1958 DISPENSING TECHNOLOGY 2708404 WHITE TRAFFIC PAINT 0.00 2090.50 1020 610575 09/17/04 M2005 DOl /BLM 1104400 CARD/SORTER 0.00 24.62 1020 610576 09/17/04 996 DU- ALL SAFETY 1108201 SAFETY CONSULT AUG04 0.00 450.00 1020 610577 09/17/04 228 DUBAY'S TIRE SERVICE INC 6308840 TIME/MATERIALS 0.00 385.96 1020 610578 09/17/04 1912 ELESCO:EMERGENCY LIGHTIN 1108505 BAITERY 0.00 33.23 1020 610578 09/17/04 1912 ELESCO:EMERGENCY LIGHTIN 1108505 BATTERY 0.00 139.42 TOTAL CHECK 0.00 172.65 1020 610579 09/17/04 1949 EVENT SERVICES 1108503 RENTAL 8/01-8/31/04 0.00 162.38 1020 610580 09/17/04 253 EXCHANGE LINEN SERVICE 5606620 FY 2004-2005 OPEN PURC 0.00 309.12 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 4239222 COURIER SERVICE 0.00 32.56 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 110 COURIER R#26341 0.00 12.91 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 5806249 COURIER SERVICE 0.00 12.91 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 1103500 COURIER SERVICE 0.00 12.81 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 110 COURIER SERV R25964 0.00 12.75 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 110 COURIER SERV R26778 0.00 10.83 1020 610581 09/17/04 260 FEDERAL EXPRESS CORP 1103500 COURIER SERVICE 0.00 34.90 TOTAL CHECK 0.00 129.67 1020 610582 09/17/04 2558 FEET FIRST ENTERTAINMENT 5806349 JR HI DANCE 9/10 0.00 380.00 1020 610583 09/17/04 2207 FERRIS HOIST 6308840 SER CALL 8/13,26,9/03 0.00 305.00 1020 610584 09/17/04 2619 GENEVIEVE FIRE 2308004 SERVICE AGREEMENT FOR 0.00 1083.00 1020 610584 09/17/04 2619 GENEVIEVE FIRE 2308004 SERVICE AGREEMENT FOR 0.00 1387.00 TOTAL CHECK 0.00 2470.00 1020 610585 09/17/04 2329 FIX AIR 1108505 SUPPLIES A27216 0.00 19.96 RUN DATE 09/16/04 TIME 07:58:07 - FINANCIAL ACCOUNTING 5'4 09/16/04 CITY OF CUPERTINO PAGE 4 ACCOUNTING PERIOD, 3/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - 11 0 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 6105B6 09/17/04 ME2005 FONG, MICHELLE 1104510 FINGERPRINT REFUND 0.00 25.00 1020 6105B7 09/17/04 268 FOSTER BROS SECURITY SYS 110B503 KEY/LOCK SUPPLIES 0.00 7.04 1020 6105B7 09/17/04 268 FOSTER BROS SECURITY SYS 110B503 KEY/LOCK SUPPLIES 0.00 209.53 TOTAL CHECK 0.00 216.57 1020 610588 09/17/04 M2005 FU. LARRY 2150000 STORM DRAIN FEE 0.00 186.55 1020 6105B9 09/17/04 M2005 FU. LI-SHENG 110 UNUSED NOTICING DPST 0.00 326.92 1020 610590 09/17/04 3229 G. REALE ENTERPRISES, IN 1108321 SUPPLIES A27215 0.00 118.45 1020 610591 09/17/04 M2005 GARDEN VALLEY RANCH 5506549 NURSERY TOUR 0.00 80.00 1020 610592 09/17/04 M2005 GOVERNMENT FINANCE OFFCR 1104100 GFOA-8ANK REL GUIDE 0.00 50.00 1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 144.93 1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 -144.93 1020 610594 09/17/04 29B GRAINGER INC 630B840 FY 2004-2005 OPEN PURC 0.00 -5B.03 1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 58.03 1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 58.03 1020 610594 09/17/04 298 GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 13.B9 1020 610594 09/17/04 29B GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 97.10 1020 610594 09/17/04 29B GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 -21.83 1020 610594 09/17/04 29B GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 460.02 1020 610594 09/17/04 29B GRAINGER INC 6308840 FY 2004-2005 OPEN PURC 0.00 132.52 1020 610594 09/17/04 298 GRAINGER INC 6308B40 FY 2004-2005 OPEN PURC 0.00 -100.06 1020 610594 09/17/04 29B GRAINGER INC 1108B30 FY 2004-2005 OPEN PURC 0.00 -96.95 1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 148.70 1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 27.21 1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 124.97 1020 610594 09/17/04 29B GRAINGER INC 1108830 FY 2004-2005 OPEN PURC 0.00 38.95 1020 610594 09/17/04 298 GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 155.85 1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 549.96 1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 -1072.92 1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 -429.16 1020 610594 09/17/04 29B GRAINGER INC 2708405 PARTS/SUPPLIES 27122 0.00 35.67 1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 2662.25 1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 27.04 1020 610594 09/17/04 29B GRAINGER INC 5606620 PARTS/SUPPLIES 0.00 263.22 TOTAL CHECK 0.00 3074.46 1020 610595 09/17/04 301 GRAYBAR ELECTRIC CO INC 1108501 SUPPLIES 0.00 21.64 1020 610596 09/17/04 2630 GREGORY B. BRAGG & ASSOC 6204550 SEPT WC CLAIMS ADM 0.00 1653.75 1020 610596 09/17/04 2630 GREGORY 8. BRAGG & ASSOC 6204550 BILL RVW AUG 2004 0.00 4998.78 TOTAL CHECK 0.00 6652.53 1020 610597 09/17/04 M Gaevert, Marion 550 Refund: Check Withdr 0.00 34.00 1020 610598 09/17/04 M HASHEMI, HOMAYOUN 580 Refund: Check FALL: 0.00 203.00 RUN DATE 09/16/04 TIME 07:58:07 FINANCIAL ACCOUNTING ç-)" 09/16/0' J>.CCO\JlITING PERIQD, ,/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 610599 610600 610G01 610602 610603 610604 610605 610606 610606 610607 610607 610608 610609 610610 610611 610612 610612 610612 610613 610614 610615 610615 610616 610617 610618 610619 ISSUE DT --------------VENDOR------------- FUND/DEPT 09/17/04 327 09/17/04 M 09/17/04 2510 09/17/04 1898 09/17/04 M200S 09/17/04 M 09/17/04 2181 09/17/04 2181 09/17/04 2181 09/17/04 995 09/17/04 995 09/17/04 1981 09/17/04 353 09/17/04 M2005 09/17/04 M2005 09/17/04 09/17/04 09/17/04 369 369 369 09/17/04 M 09/17/04 2335 09/17/04 372 09/17/04 372 09/17/04 2861 09/17/04 2323 09/17/04 385 09/17/04 2300 RUN DATE 09/16/04 TIME 07:58:07 HELLO DIRECT INC HERSHEY, PAMELA HI-LINE AUTOMATIC RAIN CO. HURT, WILLIAM HYUN, RYE YOUNG 1103300 580 1108830 1108314 110 IMSA:INT'L MUNICIPAL SIG 1108830 580 IMSA:INT'L MUNICIPAL SIG 1108602 IMSA:INT'L MUNICIPAL.SIG 1108601 INSERV COMPANY INSERV COMPANY 1108501 1108504 IRON MOUNTAIN INTERSTATE TRAFFIC CONTR 2708404 1104300 JOHNSON LYMAN ARCHITECTS 110 KATE & DOC'S KELLY-MOORE PAINT CO KELLY-MOORE PAINT CO KELLY-MOORE PAINT CO KIM, MYUNG 5506549 INC INC INC 2708404 1108504 1108504 KIMLEY-HORN & ASSOCIATES 4209544 580 KINKO'S INC KINKO'S INC 1106100 1106100 KURTT INTERNATIONAL TRUC 6308840 LAB SAFETY SUPPLY KWIK-WAY MUFFLER SERVICE 6308840 1108005 BARBARA LAUX 5506549 -----DESCRIPTION------ SOUND STATION A27226 REFDS 293520 & 293521 SUPPLIES A27203 FY 2004-2005 OPEN PURC SL BOND RELEASE Refund: Check - FALL: 53213,25243,30558 MEMBERSHIP DUES (5) MBRSHP DUES GUAPQ WATER TREATMENT SEP04 WATER TREATMENT SEP04 GLASS BEADS FY 2004-2005 OPEN PURC ARBORIST DEPOSIT 9/23 PETALUMA TOUR PAINT SUPPLIES PAINT SUPPLIES PAINT SUPPLIES Refund: Check - FALL: SERVICE AGREEMENT FOR SUPPLIES SUPPLIES ENGINE REPAIR A25589 CUSTOM HITCH INSTALL TEST KIT SERVICE AGREEMENT FOR SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 426.73 2250.00 71.35 806.26 5000.00 19.00 150.00 250.00 50.00 300.00 211.63 211.63 423.26 1039.20 848.70 400.00 720.00 7.37 126.35 42.39 176.11 27.00 2056.87 313.88 41.68 355.56 218.28 668.56 61. 30 600.00 )-~ 09/H/04 ACCOUNTING PERIOD, 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 610620 610621 610622 610623 610624 610625 610625 610626 610627 610628 610629 610630 610631 610632 610632 610632 610633 610634 610635 610636 610637 610638 610638 610639 610639 610640 ISSUE DT --------------VENDOR------------- FUND/DEPT 09/17/04 M2005 09/17/04 390 09/17/04 2999 09/17/04 3228 09/17/04 3224 09/17/04 09/17/04 3011 3011 09/17/04 1968 09/17/04 M 09/17/04 435 09/17/04 1868 09/17/04 M 09/17/04 465 09/17/04 09/17/04 09/17/04 471 471 471 09/17/04 M2005 09/17/04 M 09/17/04 485 09/17/04 M200S 09/17/04 3230 09/17/04 M2005 09/17/04 M2005 09/17/04 487 09/17/04 487 09/17/04 493 RUN DATE 09/16/04 TIME 07:58:07 LAW, FRANKIE LAWSON PRODUCTS INC LESCO LYrA LEVAS LIVE NETWORKING INC MANNING, COLLEEN MANNING, COLLEEN MAZE AND ASSOCIATES MELVIN, MARTHA METAL BUILDING COMPANY 110 2708405 1108303 5706450 6104800 5706450 5806449 1104100 580 4209216 METRO MOBILE COMMUNlCATI 6308840 580 MORALES, BRITTANY MOUNTAIN VIEW GARDEN CEN 1108303 MYERS MYERS MYERS TIRE TIRE TIRE SUPPLY COMPAN 6308840 SUPPLY COMPAN 6308840 SUPPLY COMPAN 6308840 NELSON, ALBERT NELSON, MARY NEWMAN TRAFFIC SIGNS NEXTEL COMMUNICATIONS 110 580 2708405 NEXTWAVE SOLUTIONS, INC. 6104800 110 NEZHAD, RAY NEZHAD, RAY NORTHAlRE SUPPLY CO NORTHAIRE SUPPLY CO OFFICE DEPOT 110 110 1108511 1108511 1108101 -----DESCRIPTION------ SW BOND RELEASE MISC SUPPLIES A27217 FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR 8 HR INSTALLATION AND SUPPLIES SUPPLIES PROGPYMT AUDIT 03/04 Refund: Check - FALL: STREET SOTRAGE SLDG RADIO ON TRUCK #33 Refund: Check - SUMMER LANDSCAPE SPLY A27230 SUPPLIES SUPPLIES SUPPLIES ENCROACH BOND RELEASE Refund: Check - Return FY 2004-2005 OPEN PURC UNUSED NOTICING DPST 3D CONTROLLER A25003 ABORIST DPST 22566 ARBQRIST DPST 24207 SUPPLIES 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 - FINANCIAL ACCOUNTING PAGE 6 AMOUNT 3350.00 559.10 1710.35 105.00 2000.00 160.74 20.56 181.30 4060.25 55.00 11223.00 759.19 25.00 120.19 21.82 341.41 9.91 373.14 500.00 300.00 1843.50 6.85 445.85 236.50 908.10 1144.60 31.93 44.54 76.47 102.00 5-1 09/16/04 ACCQUNTING PERIOD: 3JßS CITY OF CUPERTINO CHECK REGIS~R . DISBiJRS1!MIrn'! F1JND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - II 0 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 610540 610640 610640 610640 610540 610640 610640 610640 610640 610640 510641 510541 610642 610642 610643 610543 610643 610643 610644 610645 610645 610645 610646 610647 610548 610549 610650 610651 610552 610653 610654 ISSUE DT --------------VENDOR------------- FUND/DEPT 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 500 09/17/04 500 09/17/04 503 09/17/04 503 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 505 09/17/04 09/17/04 09/17/04 09/17/04 2263 09/17/04 1952 09/17/04 1952 09/17/04 2686 09/17/04 526 09/17/04 690 09/17/04 545 09/17/04 1929 09/17/04 2661 493 493 493 493 493 493 493 493 493 493 1220 1220 1220 1220 513 513 513 OFFI CE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OPERATING ENGINEERS PUB OPERATING ENGINEERS PUB ORCHARD SUPPLY ORCHARD SUPPLY ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE ORLANDI TRAILER PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PALO ALTO AWNING INC PAPA PAPA 1108602 2104400 1106100 1108201 1107301 1107503 5806249 5806349 1108201 1108101 1104510 110 5606640 5606640 1108830 1108830 1108830 1108501 1108409 1108508 5606620 5606620 5708510 1108201 PARTITION SPECIALTIES, I 1108505 1108201 PENINSULA DIGITAL IMAGIN 110 PENINSULA FORD JEFF PISERCHIO LEON C. PIROFALO 6308840 5606640 PROFESSIONAL TURF MGMNT, 5606640 1107302 RUN DATE 09/16/04 TIME 07:58:07 -----DESCRIPTION------ OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES H & 2 P.W. RETIREES H & W P.W. EMPLOYEES ON-TIME DISC 8/26 STM FY 2004-2005 OPEN PURC PARTS/SUPPLIES ON-TIME DISC 8/26 PARTS/SUPPLIES PARTS/SUPPLIES STM SUPPLIES 8/06-9/03 7/29-8/25 7/29-8/25 INSTALL TWO BARREL STY MEMBERSHIP DUES (9) CLASS/OLSEN & TERADA TIME/MATERIALS IMPROVE PLANS R26880 FY 2004-2005 OPEN PURC SERVICE 9/01-9/14 G. PLAN CONSULT AUG04 PLANT REDWOOD TREES 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 FINANCIAL ACCOUNTING PAGE 7 AMOUNT 163.31 58.50 64.95 238.16 44.28 44.27 550.20 70.58 85.30 13.20 1435.75 3812.50 4436.00 8248.50 -7.65 144.84 137.19 209.18 -8.63 15.14 45.41 261.10 121.24 57.31 4.64 116.71 178.66 1438.00 315.00 110.00 380.00 308.08 89.25 1995.00 5627.04 1500.00 Ç~r 09/H/04 ACCOUNTING PERIOD: 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact_trans_date between "09/13/2004" and "09/17/2004" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 610655 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 610656 610656 610656 610656 610656 610656 610657 610658 610659 610660 610661 610662 610662 610662 610662 610662 610662 610662 610663 610664 610665 610666 610667 610668 610669 610670 610670 610671 610671 610671 610671 09/17/04 2605 ISSUE DT --------------VENDOR------------- FUND/DEPT 1104400 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 509 509 509 509 509 509 PROMOTE FOR LESS PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC RAGING WATERS REARDON Ill, JAMES RlMANICH, GREGORY 5806349 1106342 5806349 5806349 5806349 1106342 5806349 580 1104400 ROSS RECREATION EQUIPMEN 1108315 5506549 ROYAL COACH TOURS RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT Ruden, Jeanne SAN JOSE GENERATOR 1108501 1108503 1108504 1108505 1108506 1108503 1108503 550 6308840 SANTA CLARA CO DEPT OF R 1102100 2308004 SCVWD - URBAN RUNOFF RICOH CUSTOMER FINANCE C 1104310 RICOH CUSTOMER FINANCE C 1108201 SAVIN CREDIT CORPORATION 1104310 SBC SBC SEC/MCI SEC/MCI SEC/MCI SBC/MC! RUN DATE 09/16/04 TIME 07:58:07 09/17/04 1480 09/17/04 M 09/17/04 M2005 09/17/04 599 09/17/04 602 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 09/17/04 2043 2043 2043 2043 2043 2043 2043 09/17/04 M 09/17/04 2170 09/17/04 626 09/17/04 635 09/17/04 2875 09/17/04 2875 09/17/04 2397 09/17/04 2692 09/17/04 2692 09/17/04 511 09/17/04 511 09/17/04 511 09/17/04 511 1108501 1108504 1108505 1101500 1108501 1108501 -----DESCRIPTION------ MINI HARD HAT KEY CHAI SUPPLIES 25555 SUPPLIES 25561 SUPPLIES 25564 SUPPLIES 25559 SUPPLIES 22972 SUPPLIES 25572 ADMISSION TICKETS Refund: Check - FALL: MRC EXPENSES (AIRGAS) SUPER SCOOP ASSY PN#14 S.FRANCISCO TOUR 8/31 RODENT BAIT RODENT BAIT RODENT BAIT RODENT BAIT RODENT BAIT SPRAY FOR FLEAS GENERAL PEST CONTROL Refund: Check - Withdr REBLD STARTER A27228 CITATIONS JULY 2004 FY04/05 ASSMNT RUNOFF J0131303354 SEPT2004 J8332201915 OCT2004 H2400800225 OCT2004 7/29-8/28 7/27-8/26 #2719421 8/01-9/06 #2719770 8/01-9/06 #2719421 8/01-9/06 #2719770 8/01-9/06 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FINANCIAL ACCOUNTING PAGE 8 AMOUNT 519.34 33.41 27.04 38.14 25.71 10.43 7.00 141.73 1417.50 125.00 467.59 725.34 683.89 180_00 180.00 180.00 180.00 180_00 150.00 175.00 1225.00 34.00 119.08 3275.00 85689.00 114.66 130.94 137.83 65.00 77 .62 142.62 245.24 89.43 245.24 89.43 )~( 09/16/04 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 3105 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/13/2004" and "09/17/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 610671 09/17/04 511 SBC/MCI 1108504 #2522405 8/01-9/06 0.00 16.21 1020 610671 09/17/04 511 SBC/MCI 1108504 #2719770 8/01-9/06 0.00 89.43 1020 610671 09/17/04 511 SBC/MCI 1108505 #2719770 8/01-9/06 0.00 89.43 1020 610671 09/17/04 511 SBC/MCI 5708510 #2719770 8/01-9/06 0.00 89.44 1020 610671 09/17/04 511 SBC/MCI 1108503 #2719770 8/01-9/06 0.00 89.44 1020 610671 09/17/04 511 SBC/MCI 5606620 #2719770 8/01-9/06 0.00 89.44 1020 610671 09/17/04 511 SBC/MCI 1101500 #2719421 8/01-9/06 0.00 245.24 1020 610671 09/17/04 511 SBC/MCr 1108503 #2719421 8/01-9/06 0.00 245.24 1020 610671 09/17/04 511 SBC/MCr 5708510 #2719421 8/01-9/06 0.00 245.24 1020 610671 09/17/04 511 SBC/MCr 1108504 #2719421 8/01-9/06 0.00 490.47 1020 610671 09/17/04 511 SBC/MCI 1108501 #2719771 8/01-6/06 0.00 89.44 TOTAL CHECK 0.00 2448.36 1020 610672 09/17/04 M SETHURAMAN, ANANTHA 580 Refund: Check - SUMMER 0.00 152.50 1020 610673 09/17/04 1530 SHAMROCK SALES 1108201 FILM 0.00 616.70 1020 610614 09/17/04 M SHETH, $HRurI 580 Refund: Check - Return 0.00 750.00 1020 610675 09/17/04 M2005 SHEW, FRANK 110 ENCROACH BOND REFUND 0.00 5000.00 1020 610676 09/17/04 M SHIN, KYUNG MO 580 Refund: Check - FALL: 0.00 15.00 1020 610677 09/17/04 2051 SIADAT ENTERPRISES, INC. 6308840 CAR WASHES AUG2 0 04 0.00 156.00 1020 610678 09/17/04 651 SIERRA PACIFIC TURF SUPP 5606620 SUPPLIES 0.00 217.53 1020 610678 09/17/04 651 SIERRA PACIFIC TURF SUPP 5606620 SUPPLIES A26016 0.00 183.81 TOTAL CHECK 0.00 401.34 1020 610679 09/17/04 2320 SNAP-ON INDUSTRIAL 6308840 SHOP TOOLS A27214 0.00 117.46 1020 610680 09/17/04 1116 SONY ELECl'RONICS INC 1103500 SUPPLIES 16488 0.00 82.17 1020 610681 09/17/04 2294 SPECIALIZED PRODUCTS 6308840 PIVOT DRIVERS A27206 0.00 74.86 1020 610682 09/17/04 891 JOAN SPITSEN 5506549 GRATUITY 10/01 OPERA 0.00 25.00 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1107301 OFFICE SUPPLIES 0.00 15.33 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1107503 OFFICE SUPPLIES 0.00 48.42 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104100 OFFICE SUPPLIES 0.00 94.03 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104100 REF 3047529322 0.00 -15.18 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 REF 3047763265 0.00 -14.34 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2004-2005 OPEN PURC 0.00 19.76 1020 610683 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2004-2005 OPEN PURC 0.00 59.44 1020 6106B3 09/17/04 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2004-2005 OPEN PURC 0.00 IB.86 TOTAL CHECK 0.00 226.32 1020 610684 09/17/04 951 SUMMERWINDS GARDEN CNTR, 1108303 LANDSCAPE SPLY A27227 0.00 145.74 1020 610685 09/17/04 695 SYSCO FOOD SERVICES OF S 5606620 FY 2004-2005 OPEN PURC 0.00 1853.57 RUN DATE 09/16/04 TIME 07:58:07 - FINANCIAL ACCOUNTING 5 -ró DRAFT RESOLUTION NO. 04-412 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 SEPTEMBER 24, 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: D~AA'f1dm(!~ ¡rector 0 ¡llistrat¡ ve ervlCes PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of October ,2004, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ç -If &L 09/23/04 CITY OF CUPERTINO PAGE 1 ACCOUNTING PERIOD: 3/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans - date between "09/20/2004" and "09/24/2004" FUND - 110 - GENERAL FUND CASH ACcr CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 610591 V 09/17/04 M2005 GARDEN VALLEY RANCH 5506549 NURSERY TOUR 0.00 -80.00 1020 610703 09/24/04 3135 A-I RADIATOR 6308840 A/c SERV A27233 0.00 250.42 1020 610704 09/24/04 28 AIRGAS NCN 6308840 FY 2004-2005 OPEN PURC 0.00 356.87 1020 610704 09/24/04 28 AIRGAS NCN 1108314 FY 2004-2005 OPEN PURC 0.00 42.93 1020 610704 09/24/04 28 AIRGAS NCN 1108314 FY 2004-2005 OPEN PURC 0.00 98.94 TOTAL CHECK 0.00 498.74 1020 610705 09/24/04 2276 ALHAMBRA 5706450 BOTTLED DRINKING WTR 0.00 46.65 1020 610706 09/24/04 968 BAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 125.57 1020 610706 09/24/04 968 BAP AUTO PARTS 6308840 FY 2004-2005 OPEN PURC 0.00 28.21 TOTAL CHECK 0.00 153.78 1020 610707 09/24/04 1712 BOETHING TREELAND FARMS 4239222 CC AND LIBRARY TREES, 0.00 10997.17 1020 610708 09/24/04 M Baratz, Linda 550 Refund: Check - Class 0.00 30.00 1020 610709 09/24/04 1367 CAP I 0 1103300 WORKSHOP R.KITSON 0.00 25.00 1020 610710 09/24/04 130 CALIFORNIA PARK AND RECR 1101200 CPRS #23759 LAGERGREN 0.00 80.00 1020 610711 09/24/04 3096 CARDIAC SCIENCE INC 1104400 CARDIAC MACHINE 0.00 4095.27 1020 610712 09/24/04 2232 CARIAGA, LOURDES 110 CSGARNSMNT 0.00 306.50 1020 610712 09/24/04 2232 CARIAGA, LOURDES 110 SSGARNSMNT 0.00 103.84 TOTAL CHECK 0.00 410.34 1020 610713 09/24/04 149 CASH 1101000 P.CASH 9/07-9/22 0.00 66.00 1020 610713 09/24/04 149 CASH 1101200 P.CASH 9/07-9/22 0.00 7.00 1020 610713 09/24/04 149 CASH 1103300 P.CASH 9/07-9/22 0.00 45.64 1020 610713 09/24/04 149 CASH 1104000 P.CASH 9/07-9/22 0.00 10.99 1020 610713 09/24/04 149 CASH 1104000 P.CASH 9/07-9/22 0.00 26.49 1020 610713 09/24/04 149 CASH 1104400 P.CASH 9/07-9/22 0.00 48.07 1020 610713 09/24/04 149 CASH 1106100 P.CASH 9/07-9/22 0.00 22.39 1020 610713 09/24/04 149 CASH 1107200 P.CASH 9/07-9/22 0.00 13.00 1020 610713 09/24/04 149 CASH 2607401 P.CASH 9/07-9/22 0.00 7.57 1020 610713 09/24/04 149 CASH 1108503 P.CASH 9/07-9/22 0.00 27.20 TOTAL CHECK 0.00 274.35 1020 610714 09/24/04 1057 CERIDIAN BENEFITS SERVIC 110 *FLEX DEP/240125 0.00 151.92 1020 610714 09/24/04 1057 CERIDIAN BENEFITS SERVIC 110 *FLEX HLTH/240125 0.00 771.03 TOTAL CHECK 0.00 922.95 1020 610715 09/24/04 1156 CHA 110 CHA 0.00 117.00 1020 610716 09/24/04 2626 CHANG. CHEN-YA 1103300 CLIPPING SERV AUG04 0.00 200.00 1020 610717 09/24/04 2769 CHARLES M SALTER ASSOCIA 4239222 CONSTRUCTION ADMINISTR 0.00 1295.24 RUN DATE 09/23/04 TIME 07:43:15 - FINANCIAL ACCOUNTING C:;-/Á.. 09/23/04 ACCOUNTING PERIOD: 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004" FUND - no - GENERAL FUND 1020 CASH ACCT CHECK NO 610718 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 10:20 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 10:20 1020 10:20 1020 1020 10:20 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 610719 610120 610720 610720 610720 610721 610722 610722 610722 610722 610722 610723 610723 610724 610725 610725 610726 610726 610726 610726 610726 610726 610726 610726 610727 610727 610728 610729 610731 610731 610731 610731 09/24/04 3232 ISSUE DT --------------VENDOR------------- FUND/DEPT 5806349 09/24/04 2871 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 983 09/:24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 184 09/24/04 1579 09/24/04 1579 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 194 09/24/04 194 09/24/04 M 09/24/04 3177 09/24/04 209 09/24/04 209 09/24/04 209 09/24/04 209 2000 2000 2000 2000 175 175 175 175 175 178 178 192 192 192 192 192 192 192 192 DEBI CHESSEN JACKSON CHOW CINTAS CINTAS CINTAS CINTAS 5806249 1108201 1108201 1108201 1108201 CLARK'S HARDWOOD FLOORS 1108505 COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA 5606620 5606620 5606620 5606620 5606620 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 JAMES COURTNEY 5606620 CUPERTINO LOC-N-STOR LLC 1108501 CUPERTINO LOC-N-STOR LLC 1108503 CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO MEDICAL CENTER CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC Cheng, Grace NINA DARUWALLA DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC RUN DATE 09/23/04 TIME 07:43:15 1108201 1108201 1108201 1108201 1108201 1108201 1108201 1108201 5606640 5606640 550 1104400 1108509 1108506 1108504 5708510 -----DESCRIPTION------ PRESCHOOL SUPPLIES SERVICE AGREEMENT FOR FY 2004-2005 OPEN FY 2004-2005 OPEN FY 2004-2005 OPEN FY 2004-2005 OPEN PURC PURC PURC PURC SENIOR CENTER SAND FIN MONTHLY SERVICE SEP04 MONTHLY SERVICE SEP04 MONTHLY SERVICE SEP04 MONTHLY SERVICE SEP04 MONTHLY SERVICE SEP04 *COLONIAL/E7013899 COLONIAL/E7013899 SERVICE AGREEMENT FOR G-34 REMT OCT2004 G-33 RENT OCT2004 HEPB HEP B HEP B HEPB HEPB HEPB HEPB HEP B 2ND S. NEMETZ 2ND R. POLITO 2ND M. LOOMIS 2ND N. ALVAREZ 2ND E. SAKAI 2ND A.LOPEZ 2ND L. WALTON 2ND A. TABARES FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - Class SERVICE 9/02-9/15/04 JANITORIAL SEPT2004 JANITORIAL SEPT2004 JANITORIAL SEPT:2004 JANITORIAL SEPT2004 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 63.10 1297.50 61.36 61.36 61. 36 61. 36 245.44 7112.25 21.70 21.70 21. 70 21. 70 21. 70 108.50 283.08 363.17 646.25 300.00 217.00 217.00 434.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 560.00 19.83 8.13 27.96 30.00 850.00 714.28 346.84 6244.50 5311.03 ')-[3 09/23/04 ACCOUNTING PERIOD: 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610731 610732 610733 610734 610734 610735 610735 610736 610737 610738 610739 610740 610741 610742 610743 610744 ISSUE DT --------------VENDOR-------~----- FUND/DEFT 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 M 09/24/04 2795 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 1958 09/24/04 1104 09/24/04 3038 09/24/04 M 09/24/04 M 09/24/04 1912 09/24/04 M2005 09/24/04 242 09/24/04 243 209 209 209 209 209 20' 209 20' 209 209 209 209 20' 20' 209 20' 209 20' 20' 209 1242 1242 220 220 DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVI CES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DEGUCHI, YOICHI DEVCON ASSOCIATES XVI 1108507 1108505 1108508 1108511 1108501 1108502 1108503 1108303 1108302 1108315 5708510 1108314 1108407 5606620 1108504 1108513 1108511 1108505 1108509 1108314 580 4239222 DIGITAL PRINT IMPRESSION 1101065 DIGITAL PRINT IMPRESSION 1104310 DISCOUNT SCHOOL SUPPLY DISCOUNT SCHOOL SUPPLY DISPENSING TECHNOLOGY DIVERSIFIED RISK RALPH DUBISCH DYSI-DE ANZA YOUTH SOCCE 580 Dunaway, James 5806349 5806349 2708404 1104540 5806249 550 ELESCO:EMERGENCY LIGHTIN 1108505 1104530 EMBASSY SUITES EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVELOPMENT RUN DATE 09/23/04 TIME 07:43:16 110 110 -----DESCRIPTION------ JANITORIAL SEPT2004 JANITORIAL SEPT2004 JANITORIAL SEPT2004 JANITORIAL SEPT2004 JANITORIAL SEP2004 JANITORIAL SEP2004 JANITORIAL SEP2004 JANITORIAL SEP2004 JANITORIAL SEP2004 JANITORIAL SEP2004 SHAMPOO CARPETS JANITORIAL SEP2004 JANITORIAL SEP2004 PARK CLEANUP AUG2004 SPECIAL CLEANUP SHAMPOO CARPETS SPECIAL CLEANUP FLOOR MAINTENANCE SPECIAL CLEANUP OVERCHARGE CREDIT Refund: Check - FALL: TEMP LBRY RENT OCT04 B.CARDS/TEEN COMM. 6 LETTERHEAD ENV (5K) PRESCHOOL SUPPLIES PRESCHOOL SUPPLIES WHITE PAINT BLOCK PRTY SEP2004 SERVI CE AGREEMENT FOR Refund: Check Return Refund; Check - Class PREVENTATIVE MAINT. 3 NIGHTS LODGING SIT/932-0014-5 SDI/776-5260-0 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 .00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 2228.38 3535.12 141.53 1163.89 2399.88 1665.66 2008.63 1500.11 750.07 750.07 124.00 4500.39 1018.96 4002.01 637.50 21.00 440.00 930.00 390.00 -1906.34 38917.51 195.00 16180.00 319.29 1156.31 1475.60 885.05 672.04 1557.09 1045.25 856.69 589_ 75 300.00 60.00 225.00 528.68 18709.78 1130.06 s~(y 09/23/04 ACCOUNTING PERIOD: 3/05 CITY OF CUFERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004" FUND ~ 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 610745 610746 610747 610748 610748 610749 610750 510751 610752 610752 610752 610753 610754 610755 610756 610757 610756 610759 610760 610761 610762 610763 610764 610765 610766 610767 ISSUE DT --------------VENDOR------------- FUND/DEFT 09/24/04 M2005 09/24/04 250 09/24/04 2558 09/24/04 09/24/04 274 274 EUPHRAT MUSEUM OF ART EULIPIA RESTAURANT & BAR 5506549 5806249 FEET FIRST ENTERTAINMENT 5806349 FRY'S ELECTRONICS FRY'S ELECTRONI CS 2708405 6104800 GCS SERVICE, INC. G. REALE ENTERPRISES, IN 1108321 1108505 GOLDEN TOUCH LANDSCAPING 1108314 GRAINGER INC GRAINGER INC GRAINGER INC HARRIS & ASSOCIATES REA RAN CHUNG AUTOMATIC RAIN CO. MARSHA HOVEY Hovey, Sylvia 1108005 1108830 1108830 2709450 5506549 1108314 1104400 550 ISLAM, SANJANA ICMA RETIREMENT TRUST-45 110 580 JAM SERVICES INC JOE'S TRACTOR SERVICE KHARE, ANSHU KINKO'S INC DAVE KNAPP Kain, Sharon LEE WAYNE CORPORATION 1108602 1108314 580 2708403 1101300 550 LIEBERT CASSIDY WHITMORE 1104511 1103300 RUN DATE 09/23/04 TIME 07:43;16 09/24/04 3229 09/24/04 2719 09/24/04 291 09/24/04 09/24/04 09/24/04 298 298 298 09/24/04 2116 09/24/04 M2005 09/24/04 1898 09/24/04 2027 09/24/04 M 09/24/04 343 09/24/04 M 09/24/04 952 09/24/04 1977 09/24/04 M 09/24/04 372 09/24/04 2231 09/24/04 M 09/24/04 3155 09/24/04 1396 -----DESCRIPTION------ DINNER 10/01 (45) SERVICE AGREEMENT FOR DJ/TEEN DANCE 10/15 SUPPLIES A27222 CABLES A25845 RELEASE INSERT A27234 FREEZER REPAIRS LANDSCAPE 7-9/04 PARTS/SUPPLIES 20278 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR KOREAN DANCE 9/23 FY 2004-2005 OPEN PURC EXPENSE REIMBURSEMENT Refund: Check - Class 'lCMA Refund: Check - FALL: GELCORE COUNTDOWN PED MOWING CITY LOTS Refund; Check - CANCEL SUPPLIES 20133 LCC CONF. 9/16-19 Refund; Check - Change SPECIAL PENS (5K) PROFESSIONAL FEES 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 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 1215.00 6835.75 380.00 112 . 52 98.37 210.89 105.00 142.75 2571.00 19.90 202.16 9.70 231. 76 4437.00 50.00 10.56 320.86 60.00 7044.64 31.50 2598.00 500.00 750.00 22.08 349.70 750.00 553.31 285.50 ç ~ (5"" 09/23/04 ACCOUNTING PERIOD: 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELEC!ION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004" FUND - 110 ~ GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 610768 510759 610770 610771 610772 610773 610774 610775 610776 610777 610778 610779 610780 610781 610781 610781 610781 610781 610781 610781 610781 610781 610782 610783 610784 610784 610784 610784 610784 610784 610784 ISSUE DT --------------VENDOR------------- FUND/DEPT 09/24/04 M 09/24/04 2942 09/24/04 435 09/24/04 940 09/24/04 444 09/24/04 2567 09/24/04 465 09/24/04 2666 09/24/04 M 09/24/04 M 09/24/04 M 09/24/04 302 09/24/04 M2005 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 501 09/24/04 504 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 493 493 493 493 493 493 493 493 493 833 833 833 833 833 833 833 RUN DATE 09/23/04 TIME 07:43:16 Laycock, Edward 550 MACKE WATER SYSTEMS, INC 1108501 METAL BUILDING COMPANY 4209216 MILPITAS MOWERS INC 6308840 MINTON'S LUMBER 1108501 MISDU 110 MOUNTAIN VIEW GARDEN CEN 1108303 MUSIC FOR YOUNG CHILDREN 5806249 Matsuno, Mike 550 NAKAMARU, REIKO 580 NAKAMARU, REIKO 580 NATIONAL DEFERRED COMPEN 110 NOR CAL ABA 5806449 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT 1108101 1108101 1106343 HOa501 H04400 1108501 1104000 1108501 1103500 OPERATING ENGINEERS #3 110 ORIENTAL TRADING CO 5806349 PER S PER S PER S PER S PER S PER S PER S 110 110 110 110 110 110 110 -----DESCRIPTION------ Refund: Check - Refund RENTAL 10/1-11/30/04 TIME/MATERIALS PARTS/SUPPLIES A27231 PODIUM SUPPLIES J TRYBUS 385950533 FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR Refund: Check Refund Refund: Check FALL; Refund: Check ~ FALL: *NAT'L DEF 2004 FALL SOFTBALL 4 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REF #257018099-001 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES UNION DUES PRESCHOOL SPLY 22958 PERS EMPLY *PERS BYBK PERS 1959 *PERS BYBK PERS SPEC PERS EM/OE PERS OE3 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 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 20.00 60.00 2997.00 80.26 69.75 221. 50 29.17 2702.00 20.00 275.00 275.00 21352.37 52.00 33.51 215.94 47.20 -75.49 109.99 57.37 34.14 232.24 54.19 719.09 585.35 55.35 19259.54 123.70 112.53 471.53 150.95 3129.58 3129.58 25377.41 c;-f& 09/23/0' ACCOUNTING PERIOD, 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELEcrrON CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2004" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 610785 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 610786 610787 610788 610789 610790 610791 610792 610793 610794 610795 610796 610797 610797 610797 610797 610798 610799 610800 610801 1020 610802 1020 610802 TOTAL CHECK 1020 610803 1020 1020 TOTAL CHECK 1020 1020 610804 610804 610805 610806 09/24/04 2263 ISSUE DT --------------VENDOR------------- FUND/DEPT 5708510 09/24/04 690 09/24/04 533 09/24/04 546 09/24/04 1247 09/24/04 3220 09/24/04 M2005 09/24/04 3162 09/24/04 621 09/24/04 M200S 09/24/04 258 09/24/04 628 09/24/04 09/24/04 09/24/04 09124/04 2692 2692 2692 2692 09/24/04 M2005 09/24/04 M2005 09/24/04 651 09/24/04 652 09/24/04 2810 09/24/04 2810 09/24/04 2324 09/24/04 3171 09124/04 3171 09/24/04 677 09/24/04 951 RUN DATE 09/23/04 TIME 07:43:16 PALO ALTO AWNING INC PENINSULA FORD 6308840 PERS LONG TERM CARE PROG 110 PITNEY BOWES INC 1104310 MARIE PRESTON 1101300 RACE STREET FOODS 5606620 ROBERTS, MARK no ROSS MCDONALD COMPANY IN 4239222 THE MERCURY NEWS 5706450 SANCRA 5806449 SANTA CLARA COUNTY no SANTA CLARA COUNTY SHERI 1102100 SBe SBe SBe SBe 5708510 1108501 1108501 1108501 SEOUL MARKET 5506549 SHIM, MIKE no SIERRA PACIFIC TURF SUPP 5606620 SIERRA SPRINGS WATER co. 1101500 SMART & FINAL SMART & FINAL 1106344 5806349 THERESE AMBROSI SMITH 1101300 STAPLES BUSINESS ADVANTA 1108101 STAPLES BUSINESS ADVANTA 1107405 STATE STREET BANK & TRUS 110 SUMMERWINDS GARDEN CNTR, 1108303 -----DESCRIPTION------ INSTALL TWO BARREL STY FY 2004-2005 OPEN PURC PERS LTC/2405 8/30-9/30 MONTHLY FEE CONF. 9/16-18 FOOD SUPPLIES DEV MAINT. FEE REFD BOOK STACK SHELVING SPORT CTR MARKETING , SANCRA' SOFTBALL FEE V ORTEGA 563312780 LAW ENFORCEMENT SEP04 8/08-9/07 8/08-9/07 8/08-9107 8/08-9107 KOREAN LUNCH 9/23 DEV MAINT. FEE RFND SUPPLIES BOTTLED DRINKING WTR TEE SUPPLIES A26449 TEE SUPPLIES A26449 CONF 9/16-18 OFFICE SUPPLIES OFFICE SUPPLIES *PERS DEF LANDSCAPE SPLY 27301 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 0.0'0 0.00 0.00 0.00 FINANCIAL ACCOUNTING 5~(7 PAGE 6 AMOUNT 1437.00 189.75 119.15 591.00 465.73 1466.40 2662.75 276726.24 1296.00 12.00 588.00 507771.50 55.21 55.21 55.21 55.21 220.84 250.00 874.21 124.38 29.75 40.22 36.20 76.42 448.81 175.17 41. 39 216.56 4083.86 49.79 09/23/04 ACCOUNTING PERIOD: 3/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "09/20/2004" and "09/24/2:004" FUND - 110 ~ GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 610807 610808 610809 610810 610811 610812 610812 610813 610813 610813 610814 610815 610816 610817 510817 610818 610819 610820 610821 610821 610821 610821 610821 610821 610822 610823 610823 510824 ISSUE DT --------------VENDOR------------- FUND/DEPT 09/24/04 529 09/24/04 2045 09/24/04 3013 09/24/04 695 09/24/04 1065 09/24/04 09/24/04 700 700 09(24/04 09/24/04 09/24/04 701 701 701 09/24/04 3204 09/24/04 2396 09/24/04 1993 09/24/04 09/24/04 724 724 09/24/04 1154 09/24/04 961 09/24/04 738 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 09/24/04 745 745 745 745 745 745 09/24/04 1839 09/24/04 09/24/04 761 761 09/24/04 2561 RUN DATE 09/23/04 TIME 07:43:16 SUNGARD PENTAMATION, INC 6104800 SVCN 5208003 SWINERTON BUILDERS 4239222 BYSCO FOOD SERVICES OF S 5606620 T AND D COMMUNICATIONS I 4209227 TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIALTY PRODUCT 1108407 TARGET STORES TARGET STORES TARGET STORES 5806349 5806349 1106344 TOLL ARCHITECTURAL GRAPH 4239222 TREADWELL & ROLLO 4239222 TREASURER OF ALAMEDA COU 110 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 UNITED WAY OF SANTA CLAR 110 US BANK 3105306 VALLEY OIL COMPANY 6308840 VMI INC VMI INC VMI INC VMI INC VMI INC VMI INC 1103500 1103500 1103500 1103500 1103500 1103500 !ŒIS WANG 1101000 WEDEMEYER BAKERY WEDEMEYER BAKERY 5606620 5606620 WORLD POINT ECC, INC. 1104400 -----DESCRIPTION------ DATALINE CHRGS AUG04 GARAGE SALE 9/1/4 PUBLIC WORKS CONTRACT FY 2004-2005 OPEN PURC INSTALL CABLES AND PHO FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SUPPLIES SUPPLIES SUPPLIES 25894 26405 25893 CC/LIBRARY SIGNAGE GEOTECHNICAL SERVICE F A LOPEZ JR 566398126 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC UNITED WAY ADMIN FEE BOND SERIES FY 2004-2005 OPEN PURC PIONEER RECORDER AND S PIONEER RECORDER AND S PIONEER RECORDER AND S PIONEER RECORDER AND S PIONEER RECORDER AND S CAMERA CABLES CONF 9/17-19 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC CPR TEXTS 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 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 17.94 363.00 1479063.00 1698.81 2249.66 45.04 180.00 225.04 9.71 16.22 7.53 33.46 42917.40 1691. 00 253.84 51.30 15.76 67.06 99.00 525.00 82.31 3637.21 4519.44 1420.24 123.41 2083.82 1292 .51 13076.63 520.19 247.20 179.85 427.05 893.85 5-fr RESOLUTION NUMBER 04-413 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 September 24, 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 $ 453,394.35 Less Employee Deductions $(134,566.75) NET PAYROLL $ 318,827.60 Payroll check numbers issued 77375 through 77624 Void check number(s) CERTIFIED:(ì ¡1'Ad ~ () ~ Director of Admmistrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of October ,2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~~I City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 CITY OF CUPERJINO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Î Meeting Date: October 4, 2004 SUBJECT Accept the Treasurer's Budget Report - August 2004. BACKGROUND Attached is the Treasurer's and Budget report for the period ended August 31, 2004. The report includes all funds in control ofthe City. Investments The market value of the City's current portfolio totaled $38.0 million at August 31, 2004, with a maturity value of $38.1 million. The slightly lower market value (compared with cost or maturity values), indicates rising interest rates. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. The Local Agency Investment Fund (LAIF) yielded 1.672% in August compared to July's 1.604%, and 1.632% a year ago. Although this is the third month of consecutive increases in LAIF yields, it is the first time since April 200 I that the yield has been higher than the previous year. The City's portfolio as a whole yielded 2.56% in August. Short-term agency yields remained relatively stable in August, and there were no calls or maturities of the City's investments in short-term callable federal agency notes. The economy seems to have improved slightly, but the growth has been slower than anticipated. 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. Overall, the City's current investment portfolio decreased approximately $1.5 million in August, as planned expenditures exceeded incoming revenues. No draw was made on the City's bond proceeds account in August to reimburse the General Fund for Library/Civic Center Project expenditures. In September, a final $1.8 million will be drawn from the account. 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. Printed on Recycled Paper I~I 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 August due to the timing of major tax payments from the County and other tax revenues submitted in the month subsequent to collection. (Many July and August receipts were accrued back to June for a proper 2003-04 fiscal year close.) Revenues in general show an increase over the prior year; much of the increase is due to the curtailment of MVLF fees from the state last year. Current year state take-aways will be reflected in Sales Tax receipts after the first quarter. Departmental expenditures are on track with prior year spending, and generally below budget. RECOMMENDATION: Accept the Treasurer's and Budget report for August 2004. Submitted by: Approved for submission: ÚuJ!.~"b. Carol T. Augusti Finance Director ~ David W. Knapp City Manager 7 -Â. --'~~t-±--~~c- 1,200,000 ¡ 1,200d=-=! 1.200.000 I 1.200,000; 0 I -----+---------- ---------~----------631--I------- 1,276,512 1,276,512 1,27 ,512 i 0 -------o,~----6,250~------ 6,25-o---r---- 0 r,-28r,1112~-----1~182~~2-----T;282. 762" -------lf -- 9;627'38r~--~:~~; ,--, -~'=;38'==-~ -99,~OJ 99.000 99.000' 0 - - 99,büö ~ 99,000 99,000 . 0 98.00~ ' - '<¡g;umJ --------98,000 --------0 99,001r - '99.0~1r - 99 ~~O- -- - - ¡y ~::~-- -:::~~0--- --:~:~~~ 1--- ---~ 99,000 ' 99.000 : 99:000-f ' 1)- -- -99,OO~;99.0001- -- 99.000 ! 0 ---98,OOo-------~8,döu+----- ------9-g:mm-t- 0 --(j7;ÖÖÖ-- <)7,Obon- 97,000 0 -- - -"986-;-000- -----------98ó,UOU---- ---9~O --------- - CURRENT PORTFOLIO i ~ .w,rn ~.:."..::.;~". l- . 08/31/04 GBTC Cash - --- - -- ~ I ' -- -tAIF- - ì 1-- L~+-___ ~~!O4 '~~IF. Sta~e Pool __ -----~~------r67 0 i CERTTfICATES-('Jf'DEPOSIT -- ----- - -(JjTnS=o4~- _ 0,3,/17,/08, A" menc, a,n T,ruS,t Fe, d,S, avmgs Ban~ - ----TO-iWo- - 0-31I71ö4 - --- lillT1709Peoples State Bañ1(---------- --. ------3:40% 03 19/(jir --OJ/1VIùS-Pfa:nteistïrsfCordell GA . 3.05% -01124/04 -j- - -03/24/08 -Badger State Bank -rOO%1 -03124/04[ _ 03/24/09"WašhitaStateBank --~------~--- -335'VO-;---- ! 0372"4704! --- 03114JOg-WìTmeifState BanK--- 3.00%· ',~I'., 0' 37147ð4l,--- 097T4Æ-,----:-sìgnature Bank Naf'fAs-s¡'¡-- 2_70%' _ ___' - -_031L6T!J.r¡-------aJnoms-pnvatebank & Trust_ _ _ 3.20%: -- - -I- - - 03/26/04; 09/26/081Southcoast CommuñtiýlfanK---------;- ~~o% - -Ú4701f04"t------u47öìI08 !CoreiaylOi Bank©,step----------r---1.25~-- crr---- ----------- - ¡. --l---t ----- ------------ i - i MONEY MARKET FUNDS I -------------- _oj 1 --------- -08731104- tuperiíiiö-}.raf1~Sweepaccount !6j I 0.59%· Mfií-------- , 0 1 04 GBTC Money M"ket n J'" - ~ -1rJ8%- --:AGENCY NO ES - - i 07/09/93 - -m-04Tr57~7 F!fLNlW'-- 6k 693% 153.598--- -- , -f51,HT--- i54.]48- ----06118702 09/15/04 FNMA --,-6IC-r- ----1:r2%~- -----1~181,69l 1,800,000, 1,801,310 ---O-ó/2[ro:r----ìT7ðì704 FNMi\ ----------i6K -- -: 334% - - 651,689· 650,000: 654,908 ~~~~~~~ . ~~~~~~~-~-~~~~~© ------- --------:~- ~~--~t==-----~~:--~-=--=-~::~~~------~~~-=~~~~~~~--- ----~~--~;~~~;;~ 01/12/04--1)'8706/08 FHLB© ----------io.--1-----'1'50'l7,---' -997,8>0' 1.000.000' 1.000,517 ------L------1J87ðiJ()3-:-- ---OE"ú7/06 fflLA©;step-- 16k I 2.33%· 500,OUO -- - - -- -5IJO~öOO------------49-875-) 08/11/03· -tjSlTTT!J6 FHUr©---------------f6r-i-------:130%-- -- -- 1,40Ö,000:-- 2,400,000-· 2,391,043 -0-1703/04-- 10/2S/08 FHLMC© -- 16k--+ -,fIö%---------3ö47;5V-- --;)00,d60------ -- ------5ör;6J5-1 10/27/03· 03/29/07- FHDwc©n- -------------tß"K-1---""]-:uÙOfo---------991(317--> -- 1,000,000 995,6901 -nlfï70j- --TT/r'7]OK FHU~©----- ;6k t 4.25%· 998,f5"&--;--- -- --Tömr,OùIJ;- -- -r-OúÖ~4jj-r-- ----TI212-5/'b4 - 02/25/08 FHLB© -~6IC i -- -J.n-%~-- - ---lJYOO,OOO'---- --CüOO;ÚÖ-Ú 9S-8~392:- f2Jð5703· 12/05/07 FNMA© ---~6K--¡--------2.630?0------r:00ö~önOr-- 1,000,000 [ 998,449· . ·----nj!fß-/~4-~--~~6RJ9~r~Mj\:~~--- '6k 4.01%· 1,~OO,OÚO r· - - -- -~6lY<J,15(JÖ r f:6-0O:?í?~_·--- ·----()3713T04--- or73ö/ö9 IFNMA©---- 6k 2_50%· --- $Úö,TIoor---- - --Sùü;dOO-r--------- ---4!fG;W5--- 04l23/ö4-------ìITl23roS !FHLB~--n--------------- - - --'6k 3.15%· 1,486,553-t-- ---13:00,0001------ --1,4S~ 04/14/04· j-170jTOmN"MÄ©---- -----------------61<--2050-%; 98S,576 1-- CúOO,OðIJ~--- --- ------1j1D23- 12/15/03· 12rI5708-i;:~::: štep-----------------ó¡(---------j.ÜOo¡¡;t- ],000,000 ¡ 1,000,000 T,tjöO~j¡r4------ 03f30102r~ --OJßOlOg! ;step----------------------~6k - - 2.00%1 600;00o-t ----00-0,-000--'- -- ------)9g;212~ 12/22/0r m1f67L2/07 ,FNMA¡,j-------- -- -6k 330%, 1:00~,~0(f[----T~01fO;~~Ir:- l;ðO¡;m- ]2/29/03' 03T29107-FHL-NlC<1í ------------------6K - - '300%[ 997,721' ----T 000-01)ð' '-~5-6w)-:-- 12/30/03 i 12/30/08fHLMC©, stej) 6k -- "115%: 1.000.01)0- u---iooo:ooo-- --99Ú70-t City of Cupertino August 2004 DESCRlPl ION F --------- SECURITIES'MA I UREDlCAtLED - ¡---- -~J :E" , --------""SEC!JRIT!ES PURCHASED OSiI()¡04 08/10/07 '>HLBIQ.step -OMŒ4 - 02/24/06 FHLB ~--- 6k 6k 2.00%1 275%j ----+---- ----------- 'CASH CA __ _____n____________+ A A 1)00.000 1,200,000 I i 48 -- --- _n -852-- 900--- 48 ' -852 - - ------90ff-------- 48- 852 ----9öð- -- ---------------- -------------------- = -- -- ---0- - --------------- 549 ---rëj,oT7 -3,220 (8,213) (4,189) 2,687 ----(1;246) (8.951) (3,024) (2;627) 1:275 (11.608) " (1.551) --- 1-10 (],896) - (1,534) (15.251) 384 (1,788) 1.533 (2.031) (1,724) 1-3 City of Cupertino August 2004 + I -UECRIP I ION Rl:f - -- YIELD cos. -vA~ YAIDE ·6k -- -'Qk-- 6k ·6k 6k ·6k , - --. -3:D0'[ _ 300.000 4.00%l 496,517 r13% I,OOO,ij@ -----2])(YD;o, 1,200,000 -1~15%" t ,200,000 3.30%, 499,978 .. -26;153;<14 -- ~---_.._----- -------- ----- --..--------- 04/29/04 --- -06/13704 43 Œ4 08/10/04 08/24 04 04/30/04 -10mlOs FHLB©, step ~27Iom {fU'IA©.Siep 04730709 ;FHLB©,·step - ---n&7mrÚ7 FHLB©,step -02714/06 cFHLB © - --- 04/30/07FHLMC© TŒO,1)¡JO~ . 300. fnn- 500.000-'- ----5oz;,n-- ---TOuo,OOO I ---~9<j:1.:r8 . 1,200;000 1,198.8SÇ---- f,10TI.000 1.201.452 --- _ ,00.000 _ --500.596 26,202,192; 26,f:f6,093· _ ________---L-_______ -- 181 5.993 (152) -(1.144) 1.452 - 617 (11.855) Î - __n ¡ U ~RNMENT SECURITIES US- ------- I :..:..' _n I -- ------ iTot8T Managed PortColio ----iiv-e-rage--ViCld - -- - ~-- -----. ----tiverageLeï_gth to Maturity '(ìn-Yë"~Ù~)---------_· -----~--- I -------- MO ------------------- ----------______00_-1---_.- ------------.- ----- (T ------ ..... '--'-=+---'--'. I -------- . 2'r;E=~==~=t-==___--T uu_n___n í . . -----t--n__n___ I j ______m______ ~~t- -~~f - -=~ -=_:TJ{Œ~& A~E~CY PO~T~<Jrr~~= . _==..r--~ .... -r-~-=--j~=-:--- _ ____________ _u_--+_ ________.n I L~~~ - --- - m-41,,65~--~_ --<rf,(»)Ó--!·-- --------- --r ------- -----.--.- ----CËRTff1CA TES-orOEÞöSII: ----Tf17'177í5r:,m----ù9/30/04 -CupertinOr·fätI(Kester Trust) --6b- ____.__n I :Total Trusf&~Agency1iOrtfôlío--------- --------!-__ __m 41,656 -- ---0 -----.---.--- , I - -. ----+------t- --Too--m ___un, -}íONI) RESERVE POR'fYOLlU---- ---00---- u_ ¡--- 1 - I !0/15/02t -~---lu ~:eas~:me;tFU"d ..---r'. _m_m_~., -~=~-~~1~.56-~7~'~,:,'. ------ -:53" ~ !Ú!15/Ö2 __m______ LAIF"Bond Account --. /"( 1,818,039· _ ±--::-T07f570" - IWel1'FaigOMOney",~,______¡_· 0.59%; 1.820 ---T1'otarBOlio 1têSirve Portfolio - ------- -------·-T- =_+____ -==-_=T- -J ~~J== I --1--- I - - --------1 Sr __n ---------,d r:m;IT39 r------n-oo- f,8!8,039ì 1:82tf1 r,82~----- , -----------I---m- o - -------.--.----....--.- -n-l n ______ __j -- ----------+------- . l . . .._ --1--------_· I _______..___m_ r ----- i- __ _m__1_ ______m_ __ -----.- , - --t-- ~_n__ -- ----------l- __~__m______ ~- , - ---t--- Î --.------- ___ _m , -l i ______00______- --t---m , I ____nm___ ____+__m__.m_ _n ----------~-_.- _n._____m__._ ----I --I ---- I~LI 3.00% 2.50% 2.00% . 1.50% 1.00% 0.50% 0.00% Investments by Type Managed·Portfolio US Treasury Notes D% Cash 3% CD's 3% IRate of Return comparisonl 7/03 8/03 9/03 10/03 11!O3 12/03 1/04 2/04 3/04 5/04 6/04 7/04 8/04 4/04 -+-LAIF ___ Cupertino 7-5 COMPLIANCE WITH INVESTMENT POLICY City of Cupertino August 31, 2004 Category Treasury Issues US Agencies (eg FHLMC) Medium Tenn Corporate Bonds/Notes LAIF Money Market Funds Maximum Maturities " Per Issuer Max Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase agreements Standard No limit No limit 30% with A rating $40 million 20% 25% up to 15 years Remainder up to 5 years 10% (except govts) 180 days & 40% 270 days & 25% 30% 365 days Prohibited Complies Complies Complies Complies Complies ; Complies ! Complies ! Complies Complies Complies Complies Complies Complies Comment 7~ft¡ I , _ _L Rep0t!__J-_ ---+-+-- ! Actual Actual, % of Budget ~ 20003/04 BUdg~t~:W04lO5-Bu;¡gJ-t I YTD 8-31·03 . YTD 8:31-0(=Ö~~;u,;;¡e;.-1 hnah : I I .- -- -------, - I-I 8,780,000 8,400,000 1,487,255! 1,188,204 -15.13%1! 3,800,000 3j4-8~000 t~- --- --I! 6,239 -99.00% : Payments rec'd Nov - JaD & Apr-June 1,500,0()01 (560:oo¡¡l~ -13:2,271 136,28~~ -47.58%t-Receivedfo~¡~¡Y~nly - 2,750,002j' 2,740,000 J08,41~_ 180,021 i -~058%. PG&Epayment rec'd earlier this year (than 2,300,000 2,312,000 63,157' 56,486 ·85.34% ,Payments rec'd in subsequent month _1,~65,000 ¡ -- I ,435,óQU_~_153,943! 189,6481--:20.70%: ! Housingmit. fees up ~ 18k;p..operty tral1~tax ul'-$8k_ 1,285,000: 1,600,0001 I 280,453 368,175, 38.07%:~ 1, II 0,OöO¡---i::-IJ6;90.0. ~.J. _ 2_48,.074' 1.8. .4,6.7. 5] '6.64~.r.· pOt1foii".-tiOjd..d...oin 3.8%; Investm e...nl b. al."-ic·:".eS_down 27.5fo 2,605,034 2,820,687 90,6391 314,250 -33.15% MVLF curtailed first quarter of 03-04. 410,OO~--- - --490~000. . 69,706r----!9Q-'-706 133.52% 1 Engineering fees -up$75k; zoning & planning fe~sup$44~ - 640,000 6(jQ,0001- _.._ 2,8151 5,481 -94J2% _jl'aXrnentsJ"ec'¡]in subsequentmonth__ _________ _ 40,000____.J.62,000¡. .3,0191. _ _1,80~;___ -93.32% :02-03 budget includes additional debt procee,Is 1,500,000: 0: 0 : -:- -, ---------+------------+ -- I 26.585.0341 28.554.587 2.633.709] 2.821.9771: -40.70% _ ____ , , I I ' I ------1-----, . ---.-. ------ ¡j08}O~ 1,360,02..4" J _ 161;)90- 161,51 ~----2Ù~%J 6,697,396 6,723,1531! 1,039,284 1,064,656 -4.99% 1 680,388 718,3551 I 113,601, 91,196 -----23.'83% Cupertino Sc~ne postage I'd in lump sum last year .'I..1J!0,~ 15 I -- 4 104 8181- _ __ 27,872:· n-840~Ö56·----22. 79%. ¡ [In. surance Premiums ($328kll'-<l.at beginning of flscal year,- 2,220,03IT__~':161219, 349,029[__ __}41,494 .3..:39'Yo¡ 2,888,800 2,661,498' 317,042 300,672: ·32.22%! - Ù77~ 778! 9.364.0541---1:185:79-11 1.148.0611_n_.:.26.44o/~!1 26.552,91+ 27.193.171 3.994,01~ 3.947,6461 -12.900/(,.¡-__ ---~------ - -- t 2g500 456,2261 -825.834 ·810,6661 City of Cupertino General Fund Budget last). 1 0.00% 0.00% 2,737,365 ·4.864.000 : --------- ----------¡ 631,950: ------- -4.303.357 -1.480.109 -1.948,640 ~9 -3.639.286 Use ofMonex & Property Inter~ovemmental Charges for Services Fines & Forfeitures --------- Other Revenue Sale of Property__ Total Revenue (Jperating Experlditures: Administrative Law Enforcement Community Service Administrative Service Recreation Service CommunitYi)evelopment Public Works ----- ---- T{jtal Expenditur~_ Operating Transfers In Operating Transfers Out Net Income/Loss - -.J I --J 8/31/2004 Taxes: Sales Tax Prol'"--rtyJ_ax Transient Occupancy Utility Tax _ Franchise Fees Other Taxes Licenses and Penn its Revenue Comparison 1,600,000 1,400,000 1,200,000 1,000,000 BOO,OOO 400,000 200,000 o 2 3 4 5 6 7 8 9 10 11 -200,000 Expenditure Comparison 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 2 4 5 6 _YTO 8131/03 E3YTD 8/31/04 12 I Sales Tax 2 Property Tax 3IOT 4 UtiJityTax 5 Franchise Fees 6 Other 7 Licenses & Permits 8 Money & Property 9 Intergovernmental 10 Charges for Services II Fines & Forfeitures 12 Other Revenue 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public Works ,-( City of Cupertino 1_ L 1 1 .-1- __ SW11IIl<rrY0fBudgetTran~fer~-- +--I------=-~_~_-_____~-.~ t- _ ~~~6~~F~d- _ -- _ _ _ -- -- __I - - -1__ ~___ -- -- - - - -- - _J _ + _ _ _ _ __ __ __ _-___ ~[------ Budget 1 Revenue 'Expenditure = =--OescriDtion- =-:1:::_ L___ Acct #__IAd¡ustmen~__BUdget__l-~.I3Udget = 2004/05 ADOPTED BUJ)GET___...:.-i _- '!.. -=--.=----+C'---------~j-----3j ,285:0~___.!1 ,452,000 2003/0'¡-CA.RRYOVER~- - - +- -1----" -- --T---- - i--- -- - - .- - -'.- - - --0.- - - __..__[ _ -_-1-__ ___ __ _ _ . Encumbrances_ __ ___ ___ --1 _ ~ious ___ "_. __ _..181238 __ __ 1_ _ J.!!1,938 . ~~~:~~~rers -~- ...:..--i=i::~~i===I= . 6,i~~~~ ==_ _=.1= _6Ji~::N Reduce.!òcopass&conj.Mgm"t..._I_ ¡IlO-8005-7107_1__-17,92-º- ____ f-- ~1'7,920 Remove benefits wi PT position llO-4400-5713 , " -1,550-1- ' , , -1,550 RE"~E"";;TM':"=::~- .... ~=--=-,......... -~= --:: ==-~~, "~-~ ~" ~~.,~.,., . ~'.n " - , . '. . "t- ----~i- -- - ,.' .. ~_ __- =- -- - -- - - --- - - - - - - - - I - - - -- - - - 1- --- - EXPEN'DITUREADJUSTMENTS: +- - 1- - - - - - -- - 1- - - - - ~:m ~~:~ ::: :::~~~~:::::~ fr:f-- ---- I:: ~:~~~;:~~: ~_-J..-_- ~~:m 1---- ,~~.,~ L -=---IN{~ J:art2'~()v~h¡w enforcement grants-=I_~--+ 110:2401-7014_ --'--=-=9,99~~ === L~ ~~~~9,229 - ------ ---- - 1-1-'-- -- ...L_ - - --__ 2004/05ADJUSTEO-BUDGET 1- -- - -- - -, - ---31,285,0001-- 38)64,623 1-1 T ola! Budaet Encumbrance 139,741.90 1,324,837.061 124,804.831 75,000,00 54,465.62 30,219,001 204,903.101 108,674.961 ,823,594.78i ,264,824.401 382,340.211 49,378.49 I 30,000.00 I 51,789.00 : 211,652.00 i 6,260.70 ! 3"4QT Current Bal 44,511.80 840,167.55 7,003.00 0.00 1,646.67 30,219.00 Exoenditure 91,910.10 459,669.50 62,511.42 75,000.00 52,818.95 3,320.00 25,000.01 55,290.41 0.00 0.00 ¡ 156,358 29 a9,315.01 498,594.78 682,205.18 70,217.83 49,378.49 30,000.00 51,789.00 211,652.00 6,260.70 3.40 53,896.06 34,623.64 352.61 0.00 15,976.55 500,000.00 4,145.92 1,000.72 0.00 107,554.20 39,936.90 261,251.07 35,291.36 870.79 47,686.55 403,737.54 20,000.00 182.43 11,900.00 5,000,00 205,000.00 200,000.00 825.73827 76,861.60 0.00 1,152.26 531,644.96 47,709.29 6,2DD,B35.42 2,173.60 1,883.88 520,000.00 574,105.49 82,305.68 43,124.63 2,144.88 333,615.93 51,700.00 0.00 2,466,417.00 936,122.00 14,358.89 (295.18 3,604.00 45.19 647,644.06 643,754.98 0,00 25,705.66 62,560.07 0.00 9,940,29887 990,292.69 122,220.00 2,093,381.05 34,786.66 34,158.90 46,3712 17,476.07 805,000,00 8,513,73 229,816.70 0.00 0.00 0.00 19,888.00 0.00 0,00 0.00 35,641.11 21,132.50 0.00 0.00 0.00 0.00 70,556_80 0.00 188,100.00 0.00 0.00 0.00 7,460,382.04 5,000.00 0.00 0.00 0.00 0.00 97,020.69 36,768.52 ! 333,96é.54 ! 0.00 [ 87,564.55 500,000.00 I 2,470,562.92¡ 937,122.72 50,000.00 I 128,391.52 ! 43,540.90 i 261,296.26 1 682,935.42 I 644,625.77 ¡ 47,68655 I 500,000.00 i 20,000.00 I 62742.50 I 200:000.00 ~ 5,000.00 205,000.00 i 200,000.00 i 8,226,419181 1,072,154.29 ; 122,220.00 I í 2,094,533.31 566,431.62 81,868.19 35,560,342.90 Capital Projects 6/30/04 . Adooted chanae 105,418 343,000 25,000 (75,000~ 800,000 750,000 75,000.00 ( 120,000.00) (181,95000) (15,000.00) 125,000.00 : 150,000.00) 500,000.00 17,000,00 50,000.00 130,000,00) (91,000.00) 60,000.00 205,000.00 200,000.00 (17,00000 ~1,000.00 130,OQO.00 75,000.00 C/O budaet 25,221.40 954,764.06 5,9aB.19 75,000.00 65,433.981 30,219.00: 189,943.291 91,198.89i 998,594.78î 13,455.251 70,209.001 49,378,49i 75,000,001 51,789.001 211,652.00i 6,260.70~ 181,953.40, 53,694.60 i 20,732,03! 46,139.941 25.00000 I 21,026.551 0.00 2,447,882.92 937,122.72 0.00 105,129,83 43,54090 261,036.00¡ 21,918.591 300,561.00 47,686.55 500,000.00 I 150,000.00 ~ 129,569.311_ 140,000,00; 5,000.00 i 0.001_ 0.00 , 17,504,854.191 926,01247[ 0.001 1,891.972.721 491,431.621 71,493.091 I 29,237,866,46 I 2,410,4 I c/o enc 9,102.50 27,073.00 118,816.64 39,031.64 14,959.8 17,476.07 25,000.00 501,369.15 312,131.21 43,326.09 16,036.49 302,828.60 66,538.00 0.00 5,680.00 0,00 0.00 23,261.69 260.26 661,016,83 344,064.77 0.00 73.19 0.00 0,00 0.00 738,564.99 15,141.82 122,220.00 72,560.59 1 24, 9116 San Thomas trail improvements__ 9117 Stev Crk Trait master plan studv 9119 PortaVWilson park improvement 9121 Memorial park softbaU field impv. 9216 Service center emanison 9219 Anima! control facilities 9223 Civic center improvements 9224 Civic center plaza improvements 9225 CH space study 9528 280/Wolfe traffic safety ¡morov. 9530 Phase !II Hmstd arterial mgml 9533 Green LEO T/S lights 9534 Advanced ITS De Anza blvd 9535 Adaptive tral control system 9541 School traffic calming measure 9544 Safe routes CHS 9545 TIS upgrades various locations 9546 Traf operation center facilities 9547 Yellow ped LED T/S upgrades 9548 Traf st walkability mods facility 9549 Safe route Garden Gate school -- 9550 TIS Proi# Descriotion 9612 Minor Storm Drain Imorov 9620 Storm Drain Projects 9430 Stev Canyon Ad widening 9432 Hmstd beHeville TIS mooif 9435 Neighborhood tral calming 9436 Slev Crk Trail Bike facilities 9443 Bollinger Ad bike facility improv. 9447 Mary Avenue gateway 9449 Mary Avenue Footbridge 9450 Pavement Management 9531 Ramp meter signal 280/85 9532 SAB5/Stev Crk TIS modification 9701 Sidewalk gaps unimprv areas 9702 Citywide bike parking facilities 9213 McClellan Aanch btdg improv. 9113 Stev Crk trail masterplan 9115 Skate Park battery power backup 9222 Library construction 9313 Four Season Corner 9314 Four Season Art Sculpture 9212 Sports Ctr.fitness expansion 9105 Blackberry Farm 9112 BBF master e.lan study Fund 210 215 270 270 270 270 270 270 270 270 270 270 270 270 280 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 420 423 425 425 426 560 560 20,368,01890 8,991.488.58 401,050.00 8.00 1 0.00 0,375.10 ,008.44 1 3.5 Total ~ 1 ~ ~ DRAFT RESOLUTION NO. 04-414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING THE CUPERTINO UNION SCHOOL DISTRICT'S MEASURE 0 ON THE NOVEMBER 2, 2004 BALLOT WHEREAS, having schools of superior quality is one of our community's greatest assets. WHEREAS, many families move into this community because of the quality education our local schools provide, which helps to keep local property values strong. WHEREAS, the Cupertino Union School District serves children who reside in the City of Cupertino, and WHEREAS, without action on the part of our community, the elementary and middle schools in the Cupertino Union School District will be unable to maintain the excellence for which they are known; and WHEREAS, the Cupertino Union School District receives the lowest level of state funding per student out of all 33 school districts in Santa Clara County. Despite limited funding, its schools continuously rank among the very best in California; and WHEREAS, recent state budget cuts threaten the Cupertino Union School District's ability to sustain quality education for the 16,000 children that attend its schools; and WHEREAS, the Board of Trustees of the Cupertino Union School District has placed Measure 0, a parcel tax of $98 per year, on the November 2, 2004 ballot. Measures 0 will cost homeowners about $8 a month for six (6) years and allows for homeowners over the age of 65 to apply for a full exemption; and WHEREAS, funds from Measure 0 will be used to attract and retain outstanding teachers, maintain manageable class sizes, maintain academic support specialists; maintain the District's outstanding music and art programs, and continue proven academic programs that enhance student achievement; and WHEREAS, the Cupertino Union School District needs the support of the City of Cupertino to ensure that the quality of its schools in the City are maintained. This support of Measure 0 is essential to the future oflocal schools and the children who attend them. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino hereby endorses Measure 0 on the November 2, 2004 ballot. gr:¿-/ Ordinance No. 040-414 2 PASSED AND ADOPTED at the regular meeting of the City Council of the City of Cupertino this 4th day of October 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino If ct - d.-.. RESOLUTION NO. 04-415 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING THE FREMONT UNION HIGH SCHOOL DISTRICT'S MEASURE L ON THE NOVEMBER 2, 2004 BALLOT WHEREAS, having schools of superior quality is one of our community's greatest assets. WHERAS, many families move into this community because of the quality education our local schools provide, which helps to keep local property values strong. WHEREAS, the Fremont Union High School District serves children who reside in the City of Cupertino, and WHEREAS, without action on the part of our community, the five high schools in the Fremont Union High School District will be unable to maintain the excellence for which they are known; and WHEREAS, over the last two years, funding for the Fremont Union High School has declined while student enrollment has grown and costs have increased; and WHEREAS, the Fremont Union High School District has been forced to cut more than $8 million from its school district budgets the past two years; and WHEREAS, this $8 million in cuts represents $5 million cut in 2003-2004 resulting in the loss of 18 teaching positions and numerous elective courses. Students are no longer guaranteed that they can take more than six courses per semester and may be limited to only one math and science class per semester. Another 24 classified positions were eliminated in 2003- 2004; and WHEREAS, the remaining $3 million in cuts are in the 2004-2005 budget. This cut is accomplished by a salary rollback for all Fremont Union High School District employees, constituting a 4.9% reduction in salaries; and WHEREAS, administrative positions and other administrative costs were reduced in the past two years by well over $1 million; and WHEREAS, the Fremont Union High School District has placed Measure L, a parcel tax of $98 per year, on the November 2, 2004 ballot. Measure L will cost homeowners about $8 a month for six (6) years and allows for homeowners over the age of 65 to apply for a full exemption; and WHEREAS, the Fremont Union High School District needs the support of the City of Cupertino to ensure that the quality of the high schools in the City are maintained. This support of Measure L is essential to the future oflocal schools and the children who attend them. ?b·-/ Resolution No. 04-415 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino hereby endorses Measure L on the November 2, 2004 ballot. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Cupertino this 4th day of October 2004, by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino tb- ~ RESOLUTION NO. 04-416 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING THE SUNNYVALE SCHOOL DISTRICT'S MEASURE P ON THE NOVEMBER 2, 2004 BALLOT WHEREAS, having schools of superior quality is one of a community's greatest assets. WHEREAS, many families move into a community because of the quality education local schools provide, which helps to keep local property values strong. WHEREAS, the Fremont Union High School District and the Cupertino Union School District serve children who reside in the City of Cupertino and children who reside in the City of Sunnyvale; and WHEREAS, the Fremont Union High School District serves children who attend elementary and middle schools in the Sunnyvale School District; and WHEREAS, without action on the part of the communities served by these districts, local schools will be unable to maintain the excellence for which they are known; and WHEREAS, the Sunnyvale School District passed Measure A eight (8) years ago to begin modernization of its school facilities; and WHEREAS, Measure A projects were completed on time and under budget; and WHEREAS, the Sunnyvale School District has placed Measure P, a bond to fund the next phase of school repairs for its local elementary and middle schools, on the November 2, 2004 ballot. Measure P will cost about $24 per $100,000 of assessed value (not market value) a year; and WHEREAS, the support of Measure P is essential to the future oflocal schools and the children who attend them. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino hereby endorses Measure P on the November 2, 2004 ballot. te. -I Resolution No. 04-416 2 PASSED AND ADOPTED at the regular meeting of the City Council of the City of Cupertino this 4th day of October 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino rC-Å I F CUPEIQ1NO ~;" ._-~ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3182 FAX: (408) 777-3174 CODE ENFORCEMENT DIVISION SUMMARY Agenda Item No: J 0 Meeting Date: October 4, 2004 SUBJECT AND ISSUE Public hearing to consider abating a public nuisance at 10240 Johnson Avenue (APN 375 25 062, Mike and Julie Jacobson property owners). BACKGROUND Chapter 9.22 of the Cupertino Municipal Code defines Property Maintenance. Section 9.22.020 D further states that an accumulation of litter, junk, machine parts, waste paper, boxes, tires, etc. can be considered a public nuisance and prohibited as unlawful. On February 25, 2004 a complaint was receivcd regarding a large amount of stored materials in the front yard setback. Upon researching this address, I found that this same property was subject to similar complaints in January 2002 and August 2003. Numerous attempts have been made in writing and in person to have the property owner's cleanup front yard setback and they have been uncooperative. (See Exhibit A). STAFF RECOMMENDATION This is a recurrence of the same problem that has occurred yearly since 2002. Based on the fact that the violation continues to occur, it is the staffrecommendation that the City Council declare the property at 10240 Johnson Avenue a public nuisance; and furthermore, that the property owners be ordered to permanently abate said nuisance by October 18,2004 or City Staff will have said property cleaned up so 110 such property maintenance violation exists; Furthermore, all costs of this action will be assessed to the property owners. Staff also asks that the City Council order the property owners to maintain the property in the future to avoid a recurring public nuisance. Submitted by: Approved for submission to the City Council: ~ fr ryb .. .od or·· . ent Officer JlJk David W. Knapp City Manager Printed on Recycled Paper Ið~ ( RESOLUTION NO. 04-417 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10240 JOHNSON AVENUE (APN 375-25-062), MIKE AND JULIE JACOBSON PROPERTY OWNERS RECITALS: (a) On September 7, 2004, the City Council of the City of Cupertino adopted its Resolution No. 04-393 (attached) declaring a public nuisance at 10240 Johnson Avenue because of an excessive amount of uncontainerized garbage, furniture, tools, lumber, recyclables, automobile parts, and appliances in view of the public right of way; (b) Pursuant thereto, the City Council of the City of Cupertino held a hearing with on October 4, 2004, at 6:45 p.m., in the Council Chambers, in the City Hall, located at 10300 Torre Avenue; (c) The following members of the City Council were present: James, Kwok, Lowenthal, Wang and Sandoval. (d) The following members of the City's staff, among others, were present: City Manager David Knapp, Director of Administrative Services Carol Atwood, City Clerk Kimberly Smith, City Attorney Charles Kilian, and Code Enforcement Officer Jeffrey Trybus; (e) The following interested persons were also present: (f) After hearing opening remarks, the City Council heard and considered all relevant evidence including, but not limited to, testimony under oath from owners, witnesses and parties interested, as well as received into evidence exhibits and staff reports, relative to said matter; (g) Following the presentation of all evidence and closing remarks, the City Council considered the matter, and resolved as follows: I. The following findings of fact are hereby made: (a) Notice ofthe time and place ofthe hearing to abate, and Resolution No. 04-393 were duly and regularly posted and served, as required by the provisions of Ordinance No. 1793, Chapter 1.09.060 of the Cupertino Municipal Code. lo-:z. Resolution No. 04-417 Page 2 (b) An excessive amount of uncontainerized garbage, furniture, tools, lumber, recyclables, automobile parts, and appliances in view of the public right of way on parcel 375-25-062 located at 10240 Johnson Avenue in the City of Cupertino, State of California, constitutes a public nuisance, in that said obstruction constitutes a hazard to public health, safety and general welfare, by reason of threatening the free use and enjoyment of adjoining property and a possible sight obstruction for vehicular traffic. 2. IT IS THEREFORE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the needed corrections and/or repairs, necessary to comply with the abatement order is as follows: . Removal and disposal of un containerized garbage, furniture, tools, lumber, recyclables, automobile parts, and appliances in view of the public right of way at 10240 Johnson Avenue by October 18, 2004. (c) Any property owner shall have the right to have the public nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this Resolution, which time, upon good cause shown, may be extended for a reasonable time by the City Council. (d) If such public nuisance is not abated within such time or any extension of time that may be granted, the Director of Administrative Services shall, by City forces or private contract, cause the same to be abated. (e) The property owner shall continue to maintain the property in such a way as to avoid a recurring public nuisance. 10 - 3 Resolution No. 04-417 Page 3 ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of October 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino f O-t.( Exhibit A List of Chronological Events On Febmary 25, 2004: I inspected the property and observed an accumulation of garbage, materials and debris stored in view of the public right of way and a Ford Aerostar, parked on the dirt in the front yard setback. February 26, 2004: A letter was drafted and mailed to the property owner(s) regarding the condition of the property. [n the letter, I gave a deadline of March 12,2004 to cleanup the property and to move the vehicle onto the driveway or street. See Exhibit A On March 19, 2004 I re-inspected the property and found no change in condition of the property. A second letter was sent to the property owners. In the letter, I gave a new deadline of April 9, 2004 to cleanup the property. See Exhibit B On April 01, 2004 I conducted a drive by inspection of the property and no change in condition of the property. On April 23, 2004 I spoke with property owner, Julie Jacobson at her residence to discuss the violation. I noticcd a table saw and building materials sitting in the driveway. Julie Jacobson advised that her husband is doing a re-model inside the house. I asked if she has a building permit and she stated that they did not obtain one. I advised Julie Jacobson to cleanup her property and she stated she felt like she was being harassed by the City of Cupertino. On April 23, 2004 a final notice letter was sent certified and regular mail to the property owners. In the letter, I gave a new deadline of May 21,2004 to cleanup the property. See Exhibit C On May 04, 2004 I spoke with Greg Casteel in the building department and advised him of the remodel without a pem1it at this address. Greg Casteel stated he and Building Inspector, Larry Squarcia would be inspecting the house to see if they require a building permit. I submitted a Citizen Compliant Form to the building department on this date. See Exhibit D On May 06, 2004 property owner, Julie Jacobson signed the certified mail receipt that I sent earlier on April 23, 2004. It should also be noted that I have not received any phone calls or other correspondence regarding my letters as of this date. See Exhibit E On August 10, 2004 a final inspection was conducted and I noticed an accumulation of household products, lumber, fumiture, recyc1ables, unsecured garbage cans, auto parts, bicycle, garbage and debris. The white Ford, Aerostar was also seen being parked on the dirt in the front yard setback. On August I 1,2004 I took (4) four photographs of the property. See Exhibit F On September 7,2004 the Cupertino City Council set date of public hearing for October 4,2004. On September 22, 2004 the property was posted with the notices for public hearing. See Exhibit G lð-~ On September 22, 2004 I mailed a copy of Resolution No. 04-393 by regular and certified mail. On September 23, 2004 Rei Delgado with the City of Cupertino video department called and wanted assistance with the video roll by. Rei advised that he did not feel comfortable with filming the property with the residence at home. I responded to the Jacobson property along with Deputy Jim Post with the Sheriffs Office. The video roll by was taken without incident. On September 24, 2004 I received the certified mail receipt and Mike Jacobson signed it. See Exhibit H. (0-0 , ,~I If j\ \\ /, ,;,- /1 . CUPEIQ1NO City Hall 10300 Torre ^VCllllt: Cupertino. CA 95014-3255 Telephone: (408) 777-3182 Fax: (408)777-3174 CODE ENFORCEMENT DIVISION SUMMARY Agenda Itcm No:--1I- Meeting Date: October 4, 2004 SUBJECT AND ISSUE Public hearing to consider abating a public nuisance at 20091 La Roda Court (APN 369 34 (UO, EC and Colleen P. James property owners). BACKGROUND On November 3. 2003 a complaint was made to the Code Enforcement Division regarding the property located at 20091 La Roda Ct., Cupertino. The reporting party was concemed with overgrown weeds in the front yard and a large accumulation of garbage and refuse being stored in the front, side, and rear yards. Subsequently, the property was inspected and the following violations were documented: I. Dry and overgrown weeds in the front yard. 2. Medium sized palm tree overgrown and obstructing safe pedestrian passage on the sidewalk. :1. An excessive amount of un containerized garbage and debris in the front, side, and rear yards. The Code Enforcement Division has written three letters to the property owner and made several personal visits to the propel1y in an effort to have the violations corrected and the property brought into compliance. The final two letters were mailed both certified and regular mail and were both retumed unclaimed. In addition, several letters were mailed by the Building Official regarding the excessive garbage and numerous unresolved Building ane! Housing Code violations existing with the residence. This residence was previously dccmed uninhabitable by Cupertino Building Official, Grcg Casteel in a Ictter addressed to the property owners, EC and Colleen P. James on August 10. 2000. At that time, Ms. James was living in the house with her adult daughter and there was a large accumulation of garbage and refuse that was removed from the interior residence and exterior yard areas. The garbage and refuse was removed from the Printed on Recycled Paper fl~ I 20091 La Roda Comi Page 2 of 2 property through a Council declared Public Nuisance. Ms. James was given an opportunity to either make repairs to the residence or relocate her housing. Ms. James elected not to make the repairs and located housing elsewhere. Sometime between that time and November 2003, Ms. James and her daughter moved back into the residence without approval from the Building Official and again accumulated a significant amount of uncontainerized garbage and refuse. ST AFF RECOMMENDATION StalT recommends that the City Council declare the aforementioned conditions on the property at 20091 La Roda Court a public nuisance and order the property owners to permanently abate said nuisance by Monday, October 18, 2004. Should the property' owners not abate tbe nuisance by that date, staff will abate the nuisance and all costs incurred will be assessed to the property owners. Submitted by: ~ David W. Knapp City Manager Alex Wykoff Code Enforcement Office f\ - Á.. [, - \ I 'apoJ ludp!unW ou!µadnJ aquo 090'60ï la¡duqJ '£6L I 'oN a:JUlJu!plO JO SUO!s!Aold ;Jq¡ Áq p;Jl!nb;Jl su 'p;JAl;JS pUlJ p;J¡sod Á¡relnjj;Jl pUlJ Á¡np ;Jl;JA\ Z6£-PO 'oN uo¡¡nlos;J"H pUlJ ';J¡uqu O¡ jjuµU;Jq ;Jquo ;J:Ju¡d pUlJ ;Jm!¡ ;JlpJo ;J:J!¡ON (u) :;Jpum Áq:Jlaq are pUJ JO sjjU!puy jjU¡A\OllOJ aql '1 :SA\OnOJ su P;JAlOS;Jl pUlJ 'l:mum ;J1p p;Jl;JP!SUO:J l!:JunoJ Á¡D aq¡ 's:J¡remal jjU!SOI:J pUlJ ;J:JU;Jp!Aa nu JO uo!¡u¡uasald alp jjU!A\OllOd (jj) ~lauum P!US O¡ aA!¡u¡al 'sµodal JJU¡S puu S¡!q!qxa a:Juap!Aa O¡U! paAla:Jal SU l¡aA\ su 'pa¡Sala¡U! sa!µud pUlJ sassaU¡!A\ 'SlaUA\O UlO.g: q¡uo lapun ÁuoUlqsa¡ 'OJ pa¡!Ul!l IOU ¡nq 'jju!pnpu! a:Juap!Aa ¡UlJAa¡al llU palap!Suo:J puu pmaq l!:JunOJ Á¡D aq:¡ 'S:J¡mUlal jju!uado jjuµuaq layv (¡:) :¡uasald oSlu alaA\ suoslad pa¡Sala¡U! jjU!A\OnoJ aql (a) ~snqÁIl ÁalJJa [ la:JYJO ¡uama:JloJut! apoJ pUlJ 'UlJ!l!)l salmqJ Áawonv Á¡!J 'q¡!UlS ÁJlaqUl!)l :J¡lalJ ÁI!J 'pOOA\¡V 10mJ sa:J!Alas aAqu.I¡S!U!IIIpV JO lOpal!a 'dduU)l p!AUa lajjUUlJW Á¡!J :¡uasald alaA\ 'slaq¡O jjUOUlU '.UU¡S S ,Á¡!J aq¡ JO slaqUlaUl jjU!A\OnoJ aql (p) lUAOPUlJS pUlJ jjUlJ 1\\ 'luq¡uaA\ol ':J¡OA\){ 'sauæ[ :¡uasald alaA\ II:JunOJ Á¡!J aq¡jo slaqUlaUl jjU!A\OnoJ aql (:J) ~anuaA V allol 00£0 I ¡U pa¡u:J0l 'lluH Á¡D aq¡ U! 'slaquæqJ lpunoJ alp U! "m'd Çp:9 ¡U 'POOZ 'p laqO¡:JO uo 1p!A\ jjuµuaq u p¡aq ou!µadnJJo Á¡!J aq¡jo l!:JunoJ Á¡D aq¡ 'O¡alaq¡ ¡UlJnsmd (q) ~:J¡luA\ap!s aq¡ jjU!pru¡sqo ajju!loJ UA\o.liilaAo puu 'spaaA\ UA\OljjlaAo puu ÁIp 'ajjuqmjj pazµau!u¡uo:Jun JO ¡unouæ aA!Ssa:Jxa UlJ JO asnu:Jaq µnoJ UP0"H U1 1600Z ¡U a:JUlJs!nu :J!lqnd U jjuµupap (paq:Junu) Z6£-PO 'oN uo!¡nlosa"H S¡! pa¡dopu ou!µadnJ JO Á¡IJ aq¡jo l!:JunoJ Á¡!J aq¡ 'POOZ 'L laqUla¡das uO (u) :S'1VlDffiI SH:!INMO Al.H:!IdOHd S:!IWVf ·d N:!I:!ITIO;) <INY ';).:!I '(0£0-1>£-69£ NdV) l.HJ10:J V<IOH V'I 1600Z l.V :!I:JNYSIJ1N :JI'IHJ1d dO l.N:!IW:!Il.Va:v ÐNllI:!ImIO ONIl."H:!IdJ1:J dO Al.l;) :!IHl. dO 'II:JNJ10:J Al.l;) :!IHl. dO NOIl.J1'IOSIDI V l:l"~a 811>-1>0 'ON NOIl.J1'IOSIDI Resolution No. 04-418 Page 2 (b) An excessive amount of uncontainerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk on parcel 369-34-030 located at 20091 La Roda Court in the City of Cupertino, State of California, constitutes a public nuisance, in that said obstruction constitutes a hazard to public health, safety and general welfare, by reason of threatening the free use and enjoyment of adjoining property and a possible sight obstruction for vehicular traffic. 2. IT IS THEREFORE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the needed corrections and/or repairs, necessary to comply with the abatement order is as follows: . Removal and disposal of un containerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk at 20091 La Roda Court by October 18, 2004. (c) Any property owner shall have the right to have the public nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this Resolution, which time, upon good cause shown, may be extended for a reasonable time by the City Council. (d) If such public nuisance is not abated within such time or any extension of time that may be granted, the Director of Administrative Services shall, by City forces or private contract, cause the same to be abated. (e) The property owner shall continue to maintain the property in such a way as to avoid a recurring public nuisance. 11- t./ Resolution No. 04-418 Page :3 ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of October 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11-) Exhibit A List of Chronological Events Novemher 3, 2003: Complaint received anonymously via Code Enforcement Officer, Gary K0111ahrens. Discussed the previous activity with Building Official, Greg Casteel. November 5. 2003: Joint inspection of the property with Casteel. Observed dry, overgrown weeds and garbage in the front yard, and uncontainerized garbage in the side yard. Spoke to daughter Patricia James through the front door who was uncooperative and unwilling to pennit an inspection of the residence or rear yard. Left business cards at the door requesting she call within one week to discuss the situation. Began referral process to Social agencies to try and locate assistance for James and her daughter. November 19, 2003: No contact from James. First letter mailed. (Exhibit B) Deeember 17, 2003: No response from James, second inspection of the property. Conditions remain unchanged. Jalluarv 6. 2004: Second letter written and certified mailed to James. (Exhibit C) Jalluarv 29. 2004: No response from James, third inspection of the property. Conditions remain unchanged. Fehruarr 2, 2004: Letter dated .January 6, was returned with unclaimed status. Third violation letter written and certified mailed to James. (Exhibit D) Februarv 17. 2004: No response from James, fourth inspection of the property. Conditions remain unchanged. Fehruarr 23. 2004: Letter dated February 2, was returned with unclaimed status. Fehruarr 24. 2004: Discussed the case with Casteel who will send notice to James regarding the occupation of the rcsidence. My case is pended and will be coordinated with Casteel's should the matter become a nuisance abatement. April 7, 2004: Casteel sent .James a letter requesting an inspection of the entire property. (Exhibit E) April 27. 2004: Inspection of the property was conducted with the permission of James. I verified the excessive accumulation of garbage in the rear and side yards, the overgrown weeds and tree in the front yard. Photographs of the property taken. (Exhibits F,G,H,I) April 28. 201J4: Discussed the case with Casteel and Assistant City Attorney Eileen Murray. Murray directed Casteel to send James a final compliance notice. I(-~ Mal' 18. 2004: Casteel mailed James a final notice with a compliance date of June 17. (Exhibit .I) Juue 22. 2004: Inspected the property with Casteel. Spoke to daughter Patricia James who advised in vague terms about possible cleanup and repair of the residence. No visible change in exterior conditions was noted. Juue 29. 2004: Met with Senior Management to discuss options to pursue for remedy. Casteel was directed to continue pursuit of public assistance for the James family and re- evaluate. Julv 26. 2004: Second meeting with Senior Management and the Sheriffs Department. It was determined that the property would be re-inspected on July 27 and if James was present, she would be removed from the property and placed with assistance from County Adult Protective Services. The house would be secured from entry based on the August 10, 2000 vacation order. Code Enforcement would then proceed with a nuisance abatement to abate the exterior violations. Jull' 27. 2004: Met at the site with Casteel, County Health Department, the Sheriffs Department, and Adult Protective Services. Colleen and Patricia James were living in the residence and were assisted in voluntarily leaving the residence by the Sheriffs Department. Colleen .lames was informed the house would be secured and that she was not pemlitted to enter the residence. Ju/)' 28. 2004: Casteel coordinated the securing of the residence by City staff. September 7. 2004: Resolution passed by the Council setting a Public Nuisance Abatement hearing for the property to be held on October 4. ([-7 tXI·\\8IT B ~....,1 :, ,\~/>. ~ CITY OF CUPEIQ1NO Cupertino City Hal1 ] 0300 TOITe Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3255 Fax: (408) 777·J174 CODE ENFORCEMENT DIVISION November 19.2003 Colleen P. .lames 2009 I La Roda Cout1 Cupertino. CA 950]4 Dear Ms. .lames: This letter is a second attempt to contact you regarding the condition of your property located at 20091 La Roda Ct., Cupertino. On November 5, 2003, Cupertino Building Official. Greg Casteel and I tried to contact you in person at your home to discuss a recent complaint filed about the condition of the property. On the aforementioned date I left my business card with your daughter Patricia, and requested you call me to discuss the situation. Several days have passed, and unfortunately, I have yet to receive a response from you. It is our intention to work with you and assist you in any way possible to address the situation. It is however. impol"tant that good communication and cooperation is established to expedite this process. Unfortunately, if we do not hear from you we have no other option than to pursue other legal remedy. Your prompt response and attention regarding this matter is very much appreciated. Please contact me at (408) 777-3255 upon receipt of this letter to further discuss the situation. I look fOl"\vard to hearing from you soon. Sincerely, ,,~JI. A~O~~ua- Senior Code Enforcement Officer cc: Greg Casteel. Building Official ( ,W I N NT\Pw ti kS\<J lex \v\O¡;:sktop\Documents\lellt:rs\LETTER. DOC ((-/ Printed on Recycled Paper .- éXH\B lí c.. rl:~"I'~J~ CITY OF CUPEIQ1NO Cupertino City HaJJ 10300 Torre Avenue Cupertino, CA 950] 4·3255 Telephone: (408) 777-3255 Fax: (408) 777-3174 COOE ENFORCEMENT OIVISION .I'"llIary !J. 2004 C,'llecn P .lames 2009] La Roda Court Cupertino. CA 95014 ."'PN 36934030 DCdl Ms L1mcs' As you are aware a complaint has been made to this office regarding the condition of your property located at 20091 La Roda Ct., Cupertino. Subsequently an inspection of your property was conducted and the following violations of the Cupertino Municipal Code (CMC) were observed: -' '\11 C;;CCSSI\ c accumulation of uncontainerized garbage and debris in the side and rcar yards (6.24 CMC). -' More tban one week's accumulation of garbage on the property (6.24 CMC). Based upon my observations, the above conditions constitute a violation of the Cupertino MunicIpal Code related to garbage storage. This code is intended to promote the health, sÚctv. dl1d welfale of persons residing in Cupertino and to protect the neighborhoods dg,"nsI blighting conditions that contribute to the downgrading of neighborhood aesthetics and property values. The aforementioned code sections make it unlawful and a public nUIsance to keep or maintain any property with the above conditions. To comply with the municipal code you must: -' R,'111111C allll appropriately dispose of all uncontainerized garbage and debris on t be property. :J M,ltntain no more than one week's accumulation of garbage on the property. I helve attcmpted to contact you, both in person and via letter, on several occasions to discuss this situation and to offer assistance to you with clean up and to evaluate any ,)Iher se",ces vou may need. To date, I have not received any response from you. I am cager 10 work with you to correct the situation, however, your cooperation is imperative for this tp occur. PleilSc he IIclvisecl rhar rhe Cuperrino Building Official, Greg Casteel is also pursuing <01/11101111101'011 regarding several unresolved code violations/rom two years ago. It is { \\ 1\:--' I l'l'lIlk~ :Ikx\\ I k~).;lllr'.l )n¡':lIl11ents\klll:rs\Property Maintenence. Junk and Debris,doc Pn'nled on Recycled Paper {r~ 1 :'009] La Roda Court Page 2 1'('1'1' II17I'0rl(/111 10 eonlacl him immediately regarding these issues. Mr. Casteel can be COl1fClefed dfreellv ClI (408) 777-3206. Your prompt response and attention in resolving this matter is very much appreciated. I will re-inspect the property on Tuesday, January 20,2004. Please have the violations cOITected by tbat date. Should you have any questions or concerns, please do not hesitate to contact me directly at (408) 777-3255. S~ UJ"t// Alex Wykoff "(j1~ Senior Code Enforcement Officer cc Greg Casteel, Cupertino Building Official ( \\'I~NT\r")I·'lts\;¡lex\V\Otsk¡or\D(1cllments\le!1ers\Property Maintenence, Junk and Debris.doc ((-(0 , ~X~\ß\\ b CITY OF CUPEIQ1NO ('LlpertinoCity Hall 10300 Torre Avenue Cupertino. CA ()50 14-3255 Telephone: (408) 777-3255 Fax (408) 777-3 I 74 CODE ENFORCEMENT DIVISION February 1. 1004 Colleen p, .lames 10091 La Roda Court Cupertino, CA 95014 APN 3(,9.\4 OJO Dear Ms, .lames. As you are aware. this office is investigating a complaint of several violations of the Cupertino MUl1lcipal Code at your residence located at 20091 La Roda Ct., Cupertino. The liolatlons relate to an excessive accumulation of garbage and debris on your properly. I have mailed you two letters dated November 19, 2003 and January 6, 2004 notifying you of the situation, requesting your cooperation in resolving the violations. To date. I have not I'eceived any contact from you. As previously stated. I am eager to work with you in correcting the situation and assist you in any way I am able, Unfortunately, ¡ cannot achieve this without your parllClpallon, I I' I '1111 unable to work with you to resolve this matter, I will have no option other than to pursue the matter as a public nuisance and request the conditions be declared as such, In élddition to the aforementioned violations, Cupertino Building Official, Greg Casteel is pursuing contact with you to clarify several concems he has from a previous case. It IS II Ill'lorlty of the City to work with residents to correct any inconsistencies with the municipal code and/or other regulatory codes. ¡ urge you to contact Mr. Casteel and I to address these Important issues. We are here to help you. I \\ill conduct another inspection of your property on Monday, January 16, 2004. Please hllle the violations con'ected or at a minimum, a reasonable plan of action to correct the I'iolalions by that date, { \\ 1,,0.: I 1'¡"llk, ~ill'\\\ Iksk\"p'l)ncUll1C'l1\S'\lctIL'fS\I.ETTLRDOC Printed on Recyc!ed Paper (I ~ II 20091 La Roda Court Page 2 If I can be of assistance to you, please do not hesitate to contact me at (408) 777·3255. Si(5t ()J. A.J 1 . Alex Wykoff rrr- Code Enforcement Officer cc: Greg Casteel, Cupertino Building Official C': \ \\' j N NT\l'n) lï Il.:s\::I k x w\lkst; top\DOI.:ulllen Is\lt:uns\LETTER. DOC (1-1.2... éXHIßIT E. Community Development 10300 Torre Avenue Cupertino CA 95014 Telephone (408) 777-3228 Fax (408) 777-3333 ciTY OF CUPEI\11NO Building Department April 7, 2004 Colleen James 20091 La Roda Court Cupertino, CA 95014 Re: Inspection of residence Dear Ms. James, As you were informed in a letter sent to you dated August 10, 2000 and a conversation we had, your residence at 20091 La Roda Court was deemed uninhabitable. You were notified that you would need to secure the services of a licensed contractor to work with the City and evaluate what is needed to bring your residence up to the minimum standards to allow habitation. Until this work was completed to the satisfaction of the City, the residence cannot be occupied and it was posted as such. The posted sign stated, "it is a misdemeanor to occupy this building, or to remove or deface this notice". I have not heard from you, so I stopped by your residence several times. I found it in the same uninhabitable state, and it did not appear that the residence was occupied. However, a complaint was received by our Code Enforcement office that debris is accumulating in your yard and that you are living in the residence. Alex Wykoff from the Code Enforcement office has requested that you contact him to set up a time to meet and do a walk-through inspection of your residence. This inspection is to establish whether you are living in the residence and whether it meets the minimum safety requirements for habitation. To date you have not responded to his letters or his e-mail. Please be advised that I am requesting a meeting to inspect your residence no later than April 27, 2004. If a meeting and inspection has not been accomplished by that date, I will be forced to proceed through our City Attorney. This is not the avenue that I would prefer, since it would bring additional costs to you. Our intent is to detennine if the complaint is valid and see how we can best help you. I can be contacted at (408) 777-3206. Sincerely, Greg Casteel Building Official cc: Eileen Murray, Assistant City Attorney Alex Wykoff, Senior Code Enforcement Officer Ir - (J Page I ofl ......' "',\< ......,..... - ":' '\ ??J ,,";~ ~ ,,, \ ,,,, t' C' I .- fRo~T YAttb ( F) ( I-fl{ file:/ /C:\Case%20Photo%20File\04-20091 %20La%20Roda%20Ct.(front%20%20vard)Iml!... 6/29/2004 Page I of I ßACK'IARb (&) {(-If file://C:\Case%20Photo%20File\04-2009l %20La%20Roda%20Ct.(back%20yard)Img 00... 6/29/2004 Page I of I ~ , S\b£ 'A~b (H) (t-( ~ file://C:ICase%20Photo%20FileI04-2009l %20La%20Roda%20CUback%20vard)Iml! 00... 6/29/2004 é,tHIßIT J Community Development 10300 Torre Avenue Cupertino CA 95014 Telephone (408) 777-3228 Fax (408) 777-3333 èiTY ÖF CUPErQ1NO Building Department May 18, 2004 Colleen James 20091 La Roda Court Cupertino, CA 95014 Re: Inspection of residence Dear Ms. James, On April 27, 2004 at 2:00 p.m. Alex Wycoff from Code Enforcement, Larry Squarcia from the Building Department and I came to your residence at 20091 La Roda Court regarding a complaint about a build up of debris. Thank you again for granting us permission to inspect your residence and property. The results of the inspection are as follows: I. The side and rear yard have a large accumulation of debris, as well as a strong urine odor. 2. There is a lack of hot and cold running water to the plumbing fixtures. 3. There is no operable restroom containing a functioning toilet, lavatory and bathing facilities. 4. The gas has been turned off, so the water heater and furnace will not function. You stated that due to gas leaks, you turned the gas off. 5. The main electrical panel is not energized, so no electricity is available in the residence. 6. There is no working kitchen. 7. Faulty weather protection is due to a broken window. 8. Flooring in the hallway has deteriorated to the point that the house is open to the under- floor area. 9. Inadequate exit: The front door is the main exit for your residence and it is inoperable due to a build up of debris. This accumulation of debris exists throughout the residence and on the exterior. I informed you in a letter dated August 10, 2000, and in a later conversation, that your residence at 20091 La Roda Court was deemed uninhabitable. You were notified that you would need to secure the services of a licensed contractor to work with the City to evaluate what would be needed to bring your residence up to the minimum standards to allow habitation. You were also told that until this work is completed to the satisfaction of the City, the residence cannot be occupied and it was posted as such. The posted sign stated, "It is a misdemeanor to occupy this building, or to remove or deface this notice". II ~ f cf Community Development 10300 Torre Avenue Cupertino CA 9 SO 14 Telephone (408) 777-3228 Fax (408) 777·3333 Since your residence is still deemed uninhabitable, please be aware that you cannot live in it until it meets the minimum requirements for a habitable structure as mandated by the 1997 Uniform Housing Code. If you intend to live in the residence, you will need to hire a licensed contractor who can evaluate the condition of your home. The contractor will need to apply for a permit with the City of Cupertino Building Department. Once the proper inspections for the repair work have been made and signed offby the City, you may reoccupy the residence. rfyou need assistance in finding a contractor, please let me know. I cannot recommend anyone, but can provide you with the names of some contractors who have done business in the City. If the contractor you select has questions about any code requirements, I would be happy to have a meeting to discuss any item. It is expected that all required work will be accomplished no later than thirty (30) days from the date of this letter. If all necessary repairs have not been completed by June 17, 2004, I will be forced to take other measures to ensure the residence is secure and the exterior is clean of debris and any other fire hazards. It is our desire to work with you and help you in any way we possibly can. Please be advised that the previously posted signs stating "DO NOT OCCUPY" were removed by an unknown party. Replacement signs will be posted and may removed only by City personnel when the proper repair work has been completed. Thank you for your cooperation and attention with this matter. I can be contacted at (408) 777-3206. Sincerely, Greg Casteel Building Official . Phone: (408) 777-3206 Email: gregc(lV,cupertino.org Fax: (408) 777-3333 cc: Eileen Murray, Assistant City Attorney Alex Wykoff, Senior Code Enforcement Officer Larry Squarcia, Building Inspector (( ~ 11 c CUPERJINO Agenda Item No.lJ:-. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Summary Agenda Date: October 4, 2004 Application: U-2004-10, ASA-2004-14 Applicant (s): Mike Rohde (Valko Shopping Center) Property Location: 10123 and 10150 N. Wolfe Road RECOMMENDATION The Planning Commission recommends approval of the following: 1. Use Permit application, U-2004-10 2. Architectural and Site Approval, ASA-2004-14 Project Data: General Plan Designation: Office/Industrial/Commercial/ Residential Retail Area: 138,760 square feet Residential Units: 204 units Residential Density: 27 units/ gr.acre Building Height: Maximurn approximately 60 feet for "Rosebowl"site Approxirnately 40 feet for Wolfe Retail site P(CG,O,ML,Hotel) P(CG, 0, ML, Hotel, Residential) Heart of the City Current Zoning: Proposed Zoning: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: Yes. No. Rezoning required to allow residential uses Yes . Mitigated Negative Declaration /:L~( Applications: U-2004-lO, ASA-2004-01 Vallco Fashion Park Page 2 Application Summary: 1. Use Permit to construct 204 residential units and a parking structure 2. Architectural and Site Approval for 138,760 square feet of new retail space, 204 residential units and a parking structure BACKGROUND At their rneeting on September 20, 2004, the City Council considered this itern and approved two of the applications association with it: the rezoning to allow residential uses on the "Rosebowl" site and the modification to the Development Agreement to incorporate these applications. The Use Perrnit and Architectural and Site Approval were continued so that the following City Council concerns could be addressed: · The phasing connection between the cinema and these proposals · Changes to the internal open space. · Preservation of the ash trees on Wolfe Road. · Pedestrian connections with adjacent properties. · Correct calculation of residential density. DISCUSSION Please refer to the previous, enclosed reports for project inforrnation. This report focuses on the above City Council concerns. The phasing connection between the cinema and these proposals. The City Council's concern regarding the connection between the cinema and these proposals is that the property owner said that the proposed cinema was dependent on the residential project for funding reasons. If the residential project is built without any assurance that the cinemas will be built, then the City has no leverage and has nothing to offer in the future for the cinemas to be built. If the City Council wishes to require a connection between the cinema and the residential project, a new condition, Development Phasing, is enclosed at the end of this report. Changes to the internal open space. The applicants will present their response to this item at the meeting; they have not subrnitted any plan set changes. If the City Council wishes to increase the size of the courtyards, Condition 7 of the Planning Commission Resolution 6268 requires they be increased as part of the final design approval by the Planning Commission and City Council. The Council could add that the reduction of units or unit size may be required to accomplish the increase in courtyard size. Preservation of the ash trees on Wolfe Road. The applicants will present their response on this item at the meeting; they have not submitted any plan set changes. The evergreen ash on the east side of the sidewalk along Wolfe Road are proposed to be removed due to construction and required access to the 12. - d-... Applications: U-2004-10, ASA-2004-01 Vallco Fashion Park Page 3 residential units by the fire department. The inner row of ash trees on the Wolfe Road retail site will be removed due to construction. The outer row will either need to be rernoved due to its close proxirnity to the new proposed sidewalk and to poor health, or the new sidewalk will need to be reconstructed to better accommodate the trees. The arborist recommends removal due to poor structure and proximity to the sidewalk. (See Exhibit D.) He recommends that Arnerican Ash be planted along Wolfe Road. Replacement trees will be determined in the future approval of the detailed landscaping plan. If the outer row were to be preserved, he recommends trees 5 and 8 be rernoved due to structural problems. The consulting arborist, Barrie Coate, will be available at the meeting for questions. If the City Council wishes both rows of ash trees to remain, a modified condition of approval (Condition 13) is shown at the end of this report. Pedestrian connections with adiacent properties. The applicant subrnitted a revised site plan (sheet 6) showing the pedestrian path on the Menlo Equities site connecting to a path on the Rosebowl site. The applicant will present site sections at the rneeting. The revised sheet 6, or a rnodification of it if required, will be included in the final approval if so directed by the City Council. Correct calculation of residential density. A question was raised about how the density for the residential units is calculated. As shown on the first page of this report, the density is 27 units per gross acre (204/7.47). The entire site is used to calculate density since the residential units are above the retail space. In instances when the residential units are separate, such as the Tra Vigne development at Stevens Creek Boulevard and Blaney Avenue, the density is calculated just on the residential acreage. ENCLOSURES Planning Commission Resolution 6268 for U-2004-10 Planning Commission Resolution 6269 for ASA-2004-14 Exhibit A: Report from Cupertino Architectural Consultant, Larry Cannon Exhibit D: Arborist reports from Barrie D. Coates and Associates dated June 29 and August 15, 2004 Staff report to City Council dated September 20, 2004 Staff Report to Planning Commission dated August 23, 2004 Planning Commission Minutes dated August 23, 2004 Plan Set Revised Sheet 6 P---3 Applications: U-2004-1O, ASA-2004-01 Valko Fashion Park Page 4 Prepared by: Ciddy Wordell, City Planner Subrnitted by: /~~ &~-o¡¿/~ Steve Piasecki Director, Community Development G: \Planning\PDREPORT\ CC\ U-2004-10cc2.doc Approved by: ~ David W. Knapp City Manager {;L ~L( Applications: U-2004-10, ASA-2004-0l Vallco Fashion Park Page 5 DRAFT DEVELOPMENT PHASING In order to ensure that the construction of the cinema is initiated in a timely fashion, the three phases of commencement of its construction shall occur prior to the same phases of commencement of construction for the mixed-use project on Wolfe Road/Vallco Parkway (U-2004-10). As used herein, "three phases of commencement of construction" means: 1) all plans for the construction of the cinema (foundations and structure) rnust be submitted to, and approved by the City and 2) all foundations for the cinerna rnust be completed and inspected by the City. and 3) all structural framing must be completed and inspected by the City. If the cinerna is not commencing prior to the mixed-use project on Wolfe Road/Vallco Parkway at any of the three phases, the applicant may elect to proceed with construction of said mixed-use project by immediately tendering the sum of $1,000,000 to the City to be retained by the City as security for the timely commencernent of construction of the cinema. If the applicant tenders such arnount to the City, then commencement of construction of the cinema shall not be required prior to the issuance of building permits for the mixed-use project and the condition set forth herein shall be deemed satisfied to the extent that it affects the development of the mixed-use project. Said sum shall be deposited with the City Treasurer and shall earn interest at the same rate as other City short term investments. If the commencement of construction of the cinema occurs within 360 days of the tender of said sum to the City, then, in that event, said sum together with interest, shall be returned to the applicant. If commencernent of construction does not occur within said 360 days, then, in that event, said surn together with interest, shall be retained by the City as liquidated damages. The specific procedures for tender, retention, and return of said sum will be memorialized in an agreement between the applicant and the City. Modification to Condition 13 TREE REMOVAL AND REPLANTING Rosebowl site: All trees and landscaping in the existing parking lot area and the ash trees on Valko Parkway may be removed. The outer row of ash trees shall be retained along Wolfe Road. Large trees in planters shall be located along the building to replicate the inner row of ash trees as much as possible, given the Fire Department need for access in this area. Replacement trees, type and size, shall be deterrnined in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. Tree #106 of the tree inventory, shown to be removed, shall be retained. IJ-- ~ . Applications: U-2004-10, ASA-2004-01 Valko Fashion Park Page 6 Wolfe Road retail site: Both rows of ash trees along Wolfe Road in this area shall be retained, except for those recommended to be removed by the City's arborist, due to structural or health problems. The Wolfe Retail building shall be moved easterly to accommodate the inner row of trees. Replacement trees shall be approved in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. The arborist's recommendations of tree type and size shall be implemented, unless demonstrated that other types or sizes are superior. Tree protection plan: As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following rneasures shall be added to the protection plan: · For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. · No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. · No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. · Wood chip rnukh shall be evenly spread inside the tree projection fence to a four- inch depth. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and shall provide reviews before building permit stage, during construction and before final occupancy of the buildings. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. Tree protection bond: A tree protection bond in the amount of $10,000 for each retained ash tree along Wolfe Road shall be provided prior to issuance of building permits. 12-~ U-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6268 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 204 RESIDENTIAL UNITS (FOR-RENT CONDOMINIUMS) AND A PARKING STRUCTURE SECTION I: PROTECT DESCRIPTION Application No.: Applicant (s): Property Location: U-2004-10 Mike Rohde (Valko Shopping Center) 10123 and 10150 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or rnore public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan, the Valko Developrnent Agreement 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, application no. U-2004-10 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application U-2004-10, as set forth in the Minutes of the Planning Commission Meeting of August 23, 2004 and are incorporated by reference herein. !2-ì Resolution No. 6268 Page 2 U-2004-10 August 23, 2004 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan set Valko Fashion Park Special Use Permit Subrnittal Package dated 8-17-2004 and as amended by this resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct 204 residential units over 137,000 square feet of retail uses and a parking garage. 3. DEVELOPMENT AGREEMENT All provisions of the Development Agreement (1-DA-90) relevant to this project shall be met. 4. PROTECT AMENDMENTS The Planning Commission shall review arnendrnents to the project, considered major by the Director of Community Development. 5. SECURITY PLAN FOR PARKING GARAGE A security plan for the parking garage shall be prepared by the applicant and approved by the Sheriff's Department prior to final occupancy. 6. BELOW MARKET RATE HOUSING PROGRAM The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by providing 15% of the units at below market rates to qualified tenants/buyers. The applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded simultaneously with the filing of a building permit. 7. ARCHITECTURE AND SITE DESIGN The project will require approval of the final design by the Planning Commission and City Council prior to issuance of building permits. The applicant shall provide the following design clarifications and changes: · Architectural details, including rnaterials and colors, for all buildings. Plans should include the use of reveals, roof cornices and varying roof forms, projecting balconies, and the use of high quality materials, e.g., stone. · Sidewalk, crosswalk and outdoor gathering area (including furniture) details · Building and street lighting · South elevation of Rosebowl parking garage: Further design changes shall be explored to create an attractive parking garage that interfaces well with the property to the south /1.-f Resolution No. 6268 Page 3 U-2004-1O August 23,2004 · East elevations of Rosebowl and Wolfe Road buildings: Explore further design changes to provide more interest and detail · Townhouses: revise townhouse architecture to provide a more residential feel and detailed features · Garage entrances on Valko Parkway: provide interesting detail and materials, provide options to reduce width of garage entries · Courtyards: the size of the courtyards shall be increased · Auto circulation adjacent to townhouses: demonstrate an attractive interface between parking structure and residences. · Ellipse feature at southeast corner of Wolfe Road and Valko Parkway: applicant shall address how the residential units will function with the extensive glass exposure · Public art: identify locations and design of proposed public art, e.g., fountain, mosaic, sculpture · Circulation: Provide a circulation plan to demonstrate how traffic will circulate during peak retail hours · Pedestrian connections: incorporate pedestrian connections between the project and adjoining properties · Perimeter road at south property line: height of the road shall be minimized and the degree of ramp incline increased accordingly · Signs: a sign program shall be approved as part of the final architectural approval 8. BUS TURNOUT AND PARK AND RIDE FACILITY A bus turnout and park and ride facility shall be provided as required by the Valley Transportation Agency and the Development Agreement. A temporary facility shall be provided during construction. 9. LOT LINES Any existing lot lines underlying the proposed buildings shall be eliminated prior to issuance of building permits. 10. BUILDING PERMIT APPROVAL The Director of Community Development shall review the final building permits for full conformance with this approval and the design approval prior to issuance of building permits. 11. CONSTRUCTION MANAGEMENT~AN A construction management and parking plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. The construction management plan shall stipulate staging areas, construction parking, construction routes, hours of construction, controlled hours for noisy operations etc. Staging of construction equipment/materials shall not occur within 250 feet of any residential property . r~-i Resolution No. 6268 Page 4 U-2004-10 August 23, 2004 12. MOVING V AN PLAN A plan for the location of rnoving vans shall be approved prior to final occupancy. 13. TREE REMOVAL AND REPLANTING Rosebowl site: All trees and landscaping in the existing parking lot area may be removed. The inner row of evergreen ash trees, located behind the existing sidewalk, on Wolfe Road and the ash trees on Vallco Parkway may be removed. Replacement trees, type and size, shall be determined in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. Tree #106 of the tree inventory, shown to be removed, shall be retained. The outer row of evergreen ash trees on Wolfe Road shall be retained. Wolfe Road retail site: Both rows of evergreen ash trees on Wolfe Road may be removed. Replacement trees shall be approved in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a rninimurn 48 inch box. The arborist's recommendations of tree type and size shall be implemented, unless demonstrated that other types or sizes are superior. Tree protection plan: As part of the building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: · For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. · No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. · No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. · Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and shall provide reviews before building permit stage, during construction and before final occupancy of the Rosebowl building. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. r ,1 ~ rð Resolution No. 6268 Page 5 U-2004-10 August 23, 2004 Tree protection bond: A tree protection bond in the amount of $15,000 for each retained ash tree along Wolfe Road in the Rosebowl area shaH be provided prior to issuance of building perrnits. 14. LANDSCAPING A detailed landscaping plan shall be reviewed and approved by the Planning Commission and City Council prior to issuance of building permits. Tree screening shall be provided adjacent to the south and east property lines. The plan shall include all in-ground and container landscaping. The choice of containers shall be shown. Maintenance of interior landscaping areas, including courtyards, parking structure and residential flower boxes shall be ensured as part of the plan. A tree maintenance plan shall be included as part of the landscaping plan. 15. EQUIPMENT DEVICESrrRANSFORMERS Electrical transformers, telephone vaults, backflow preventers and similar above ground equipment enclosures/ devices shall be located in areas not visible from public streets. In the event an above ground must be located in an area visible from the public street then it shall be specially designed to hide or screen the device such that it is compatible with the surrounding commercial shopping environment. In no case shall such structures conflict with pedestrian movement or be located on prominent corners. Said screening and design may include fencing and landscaping or located underground such that said equiprnent is not visible from public street areas. Said equipment locations shall be determined prior to issuance of building permits. 16. SCREENING All mechanical and other equiprnent on the building or on the site shall be screened so they are not visible frorn public street areas or adjoining developments. Screening materials/ colors shall rnatch building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 17. PUBLIC PEDESTRIAN ACCESS EASEMENTS Public pedestrian access easements over the sidewalk areas (portion on private property) and plazas shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building occupancy. 18. AIR QUALITY The following measures shall be followed during construction to ensure dust control: a. Use dust-proof chute for loading construction debris onto trucks. !:¿-l{ Resolution No. 6268 Page 6 U-2004-1O August 23,2004 b. Water all active construction areas at lest twice daily or as often as needed to control dust emissions. c. Cover all truck hauling soil, sand, and other loose rnaterials or ensure that all trucks hauling such materials maintain at least two feet of freeboard. d. Pave, apply water three times daily or as often as necessary to control dust, or apply non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction areas. e. Sweep daily or as often as needed with water sweepers all paved access roads, parking areas and staging areas at construction sites to control dust. f. Sweep public streets daily or as often as needed to keep streets free of visible soil material. g. Limit vehicle traffic speeds on unpaved roads to 15 mph. h. Install sandbags or other erosion control measures to prevent silt runoff onto public roadways. 1. Replant vegetation in disturbed areas as quickly as possible. 19. NOISE The applicant shall take all reasonable precautions to ensure that the site activities! equiprnent and construction does not cause disturbing noise for on-site residents or adjacent properties. The applicant shall irnplement the following measures: a. The placement of rooftop rnechanical equiprnent shall be indicated on plans and shall dernonstrate that the equipment meets limits established in the Noise ordinance. b. All grading, construction and dernolition activities shall cornply with Section 10.48.040 of the City of Cupertino Noise Ordinance. c. Loading docks shall be enclosed on all sides to reduce noise impacts on project and adjacent residential uses. Trucks shall not idle during delivery times. The enclosure shall include a front acoustically treated garage door to be closed when trucks are loading or unloading merchandise or supplies and a roof to minimize noise impacts during loading and unloading operations. d. Air handling equiprnent shall be located away from on-site residential uses or existing or planned residential uses on adjacent properties. e. Delivery hours shall be limited to between 8 A.M. and 8 P.M. weekdays (Monday through Friday) and nine A.M. and 6 P.M. on weekends (Saturday and Sunday) and holidays. f. A noise study shall be conducted prior to issuance of building permits to determine if sound rated windows and alternate sources of ventilation are needed to comply with the State Building Code and the General Plan. 20. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation frorn the Cupertino Sanitary District that adequate capacity is available { 'L~{~ Resolution No. 6268 Page 7 U-2004-10 August 23,2004 for the project or the applicant shall pay for the appropriate mitigation costs to provide the required capacity and shall enter into a reimbursement agreernent with the District. 21. WATER SERVICE Prior to obtaining a perrnit for occupancy, the applicant shall provide written confirmation from California Water Service that adequate capacity is available for the project or the applicant shall pay for the appropriate mitigation costs to provide the required capacity and shall enter into a reimbursement agreement with the Service. 22. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the arnount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Street widening, street improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. { ~-(J Resolution No. 6268 Page 8 U-2004-10 August 23, 2004 5. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 6. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 7. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- developrnent calculations must be provided to identify if storrn drain facilities need to be constructed or renovated. 8. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 9. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreernent with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreernent shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Traffic Irnpact Fees: $ 6% of On and Off-Site Improvement Costs $ 6% of On and Off-Site Improvement Costs $ 3,000.00 $19,606.87 ** TBD $ 1,401,300.00 TBD !:L-(y. Resolution No. 6268 Page 9 U-2004-1O August 23, 2004 Bonds: a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 10. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equiprnent is not visible from public street areas. 11. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 12. NPDES CONSTRUCTION GENERAL PERMIT The applicant rnust file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain docurnentation that the process has been completed. For copies of the Construction General Permit, the NO! and additional permit information consult the state Water Resources Control Board web site at: http:jwww.swrcb.ca.govjstormwtrjconstruction.htrnl 13. BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Post-Construction Best Management Practices a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all developrnent and redevelopment projects shall include permanent BMPs in order to reduce the water quality irnpacts of storrnwater runoff from the entire site for the life of the project. all construction projects) b. Stormwater Management Plan Required The applicant shall subrnit a Stormwater Management Plan for this project. The perrnanent storm water quality best managernent practices (BMPs) included in this plan shall be selected and designed in accordance with chapter ...- /z -( S Resolution No. 6268 Page 10 U-2004-10 August 23, 2004 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easernent agreement and covenant running with the land allowing City access at the site for BMP inspection. 14. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 15. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the City Engineer. Clearance by the Public Works Department is needed prior to obtaining a building permit. 16. EASEMENTS Easements for electrical facilities shall be required. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING ¡SURVEYING CONDITIONS (Section 66474.18 of the California Governrnent Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices ¡ s ¡ Ralph Oualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED tills 23th day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: Chen COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: (2 -(G Resolution No. 6268 Pagl' 11 U-2004-1O August 23,2004 ATTEST: APPROVED: / s/ Steve Piasecki Steve Piasecki Director of Community Development /s/ TaghiSaadati Taghi Saadati, Chairperson Cupertino Planning Commission 1: \ Planning \POREPORT\ RES \ U-2004-lOres.doc IL-n ASA-2004-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6269 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR 138,760 SQUARE FEET OF NEW RETAIL SPACE, 204 RESIDENTIAL UNITS AND A PARKING STRUCTURE. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2004-14 (EA-2004-11) Mike Rohde (Valko Shopping Center) 10123 & 10150 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrirnental to the public health, safety, general welfare, or convenience; . 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements such as horizontal siding, composition roof and simplified building forms that complirnent the existing and neighboring structures; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2004-14 set forth in the Minutes of the Planning Commission meeting of August 23, 2004, and are incorporated by reference as though fully set forth herein. /2--([ Resolution No. 6269 Page 2. ASA-2004-14 August 23, 2004 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on the plan set entitled: Valko Fashion Park, Special Use Permit Subrnittal Package, dated August 17, 2004 except as may be amended by the conditions contained in this approval. 2. ARCHITECTURE AND SITE DESIGN The project will require approval of the final design by the Planning Commission and City Council prior to issuance of building permits. The applicant shall provide the following design clarifications and changes: · Architectural details, including materials and colors, for all buildings. Plans should include the use of reveals, roof cornices and varying roof forms, projecting balconies, and the use of high quality materials, e.g., stone. · Sidewalk, crosswalk and outdoor gathering area (including furniture) details · Building and street lighting · South elevation of Rosebowl parking garage: Further design changes shall be explored to create an attractive parking garage that interfaces well with the property to the south · East elevations of Rosebowl and Wolfe Road buildings: Explore further design changes to provide more interest and detail · Townhouses: revise townhouse architecture to provide a rnore residential feel and detailed features · Garage entrances on Vallco Parkway: provide interesting detail and materials, provide options to reduce width of garage entries · Courtyards: provide options for increasing the size of the courtyards · Auto circulation adjacent to townhouses: demonstrate an attractive interface between parking structure and residences. · Ellipse feature at southeast corner of Wolfe Road and Vallco Parkway: applicant shall address how the residential units will deal with the extensive glass exposure. · Public art: identify locations and design of proposed public art, e.g., fountain, mosaic, sculpture · Circulation: provide a circulation plan to demonstrate how traffic will circulate during peak retail hours. · Pedestrian connections: incorporate pedestrian connections between the project and adjoining properties · Perimeter road at south property line: height of the road shall be minirnized and the degree of ramp incline increased accordingly · Signs: a sign program shall be approved as part of the final architectural approval 1:2--(1 Resolution No. 6269 Page ::) ASA-2004-14 August 23, 2004 3. LANDSCAPING A detailed landscaping plan shall be reviewed and approved by the Planning Commission and City Council prior to issuance of building permits. Tree screening shall be provided adjacent to the south and east property lines. The plan shall include all in-ground and container landscaping. The choice of containers shall be shown. Maintenance of interior landscaping areas, including courtyards, parking structure and residential flower boxes shall be ensured as part of the plan. A tree maintenance plan shall be included as part of the landscaping plan. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirernents, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 23rd day of August 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: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: Chen COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Isl Steve Piasecki Steve Piasecki Director of Community Developrnent Isl Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission G:\ Planning\PDREPORT\RES \ASA-2004-14 res.doc 11- 2..0 EXHIBIT A FIRST FLOOR 0880 New Pa',/dngO 0 0 _~ :9 ell: resfntir' struCt~reiM~-~j~ 1 ~'~~~LJP' I· ~~~ n . , III [r·J ' Not a pleasant l~~ r,~--'!"i interface for new llCT\!.! I_'~, G" ~' residential project I ~} ,,: to the sO"!th. dE~l..' ::jl l : Also potsntlsl nOIse -....,,¡ _ _;:.. issues related to trucks ~ for market delivery ; .. ~. ...-' ci. ,......"...,,_..'.. - I f'!I-OI".><f,¡: <a~~- ~...~' , i ~: ~ 1~~~ , ' \~ ~¥!f(i,<>~/ I~ j.',~:,.'...,.{/ ~~\l..lj,.'_M.oII.~.II._":':: ~ ~ __ ~_~. , l:;~;~~~~oð" '-' -. H M: """'" < ~--~-~t~It{!~ ,¡>"~~ I ~,>- ~~____ J ",' 'ff1' ,-' I~:):g;~· 'iT~HI ()1U _ ; I- _ _~ ~1'~~' ,,' '.....!n".. USTRLcn;MU>PAMKI'ü , 'T I JCP,""~ 1 è 'J j: :C¡-- , Ii ; ~, ~ -t , t ~ I..., ..i...-c r-J I I" ..,. ...- '}) ~l Hotel not very well "-_ ~ ~-"'~~It _ _ :P;; integrated into the -_~ - ~ ~,_~__. _/ center as a whole (How does this contribute to a Sense of Place?) CAMPUS PLAN Issues and Concerns VALLCO PASHION PARK Cupertino, CA CANNON DESIGN GROUP June 29, 2004 1 I:L~ .:It Auto circulation is right against townhouses Treatment of garage edge on second level may not be enough of a buffer '1'YI'>.'_,O:~~'",:: <~-n"",,\, ,J<j<7'?&'Ja;;' i.¡J'~' ~.;rr-;;;:;¡it.: - '.;.';-" ;~-'~"7j ~.~~',- ~i,:,,,,.,'~';}~;'f-¿"S"~'?<ê~,:: ~""'" , . THIRD FLOOR Some clarification needed on garage circulation and control methods Ramps now connect residential and retaU levels SECOND FLOOR Issues and Concerns VALLCO PASHION PARK Cupertino, CA CANNON DESIGN GROUP June 29, 2004 2 ! 2~ :D..-- Courtyards at 35 ft wide may be an issue Trees over 5 stories tall growing in a slot less than 30 feet wide may be optimistic Space between townhouses and garage at level 3 and 4 may need better buffering of t1/; }:~ ~, ~è" " FIFTH FLOOR Issues and Concerns VALLCO PASHION PARK Cupertino, CA CANNON DESIGN GROUP June 29. 2004 3 /.2- - 2.. ') Note balconies and residential feel Note sidewalk width Variety within a framework of similar modules and materials Major material, character and module changes don't seem to lead to a stron~ sense of place and doesn't feel residentIal Compare to Santana Row photos above ~"~IF' 1-1.1 '.'H'~ , , J w- mj'"-'<O p tl-¡:t, rl . , ~ ,=f Å. J l=:f---LP~--~~--~ NORTH ELEVATION (WEST HALF) Issues and Concerns VALLCO PASHION PARK Cupertino, CA CANNON DESIGN GROUP June 29, 2004 4 fl.-'lL( BARRIE D. C>..-A TE and ASSOC\A t~S Horticutural Consultants 23535 Summit Road Los Gatos. CA 95033 408l35~ 1 052 EXHIBIT D AN INVENTORY OF TREES AT THE VALLCO PARKING CENTER PROJECT AT THE SOUTHEAST CORNER OF V ALLCO EXPRESSWAY AND WOLFE ROAD Prepared at the Request of: Ciddy Wordell, AlCP City Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 408.777.3333 Site Visit by: Barrie D. Coate Consulting ArOOrist June 29, 2004 Job #06-04-104 l:l~ 1') AN INVENTORY OF TREES ATl ALLCO PARKING CENTER PROJECT ATTHE SOUTHEAST HER OF VALLCO EXPRESSWAY AND WOlFE ROAD Assignment I met Ciddy Wordell, Senior Planner from the City of Cupertino, and Peter Quintanilla and Mick Bench, Consulting Arborists on June 29, 2004 to analyze the health, structure and potential usefulness of trees at the project area. Summary This inventory is based on the plan sheet titled Vallco Fashion Park-Rose Bowl Site, prepared by Perkowitz & Ruth, Sheet 12, dated 6/11/04. There are 152 trees in or adjacent to the project area. One-hundred-forty would be removed by construction of this project 48 of them are Monterey pines (Pinus radiata), 45 are Chinese elm (Ulmus parvijo/ia), 35 are evergreen ash (Fraxinus uhdei) of which I recommend 7 be removed (#129,143,144,146, 147, 150, 152) due to poor health and/or the potential for failure due to severed roots, 14 are coast redwood (Sequoia sempervirens), and 10 are evergreen pear (Pyrus kawakami). The data accumulation sheets which accompany this text define the condition of the trees. Numbers in parentheses on these charts in the left column are tag numbers previously placed on the trees by others. Transplanting Potential Most of the trees in the bowl parking area are Monterey pines and evergreen elms. Some coast redwood trees are seen at the entry/exits from the bowl. We've listed the trees with potential successful for transplanting. Only the healthiest specimens of the most easily transplanted species which have reasonable potential for becoming useful trees after transplanting are listed in the far right colunm of the data charts. Six elms, 5 redwoods, and I pear are noted. Discussion This inventory includes all of the trees circled in red on the map provided us. In addition we've included the twelve evergreen ash trees along the ValIco Parkway so that removal of the worst ones may be discussed here. The trees shown in red circled dashed lines are the ones which would ostensively be removed according to this plan. The area in which the inventory has taken place is primarily used for below grade parking which is approximately 8 feet below the surrounding street elevations and is planted with parking lot shade trees, primarily Monterey pines and evergreen elm. The trees in the bowl are for the most part severely drought stressed and most are in average to poor condition. Surrounding this bowl are double or single rows of street trees, primarily evergreen ash (Fraxinus uhdei). PREPARED BY: BARRIE D. COATE, CONSUlTING ARBORIST JUNE 29, 2004 r 2--1f.o AN INVENTORY OF TREES AT IAllCO PARKING CENTER PROJECT AT THE SOUTHEAS", iNER OF VAllCO EXPRESSWAY 2 AND WOLFE ROAD The adjacent Vallco Parkway has evergreen ash street trees which are suffering in various degrees from drought stress and severe root cutting as well. Seven of them are in such poor condition we recommend their removal even though they are street trees. The only trees which could be considered in reasonably good condition are those on the north-facing slope south of the parking lot. This would be partly due to their location on a north facing slope which is less stressful than the open reflected surfaces of the parking lot and partly because irrigation is still being applied at the top of this bank for existing landscaping. It appears that irrigation has been shutoff in the parking lot area and on the bank and street tree area on the Vallco Parkway. Many of the Monterey pines are heavily infested with sequoia pitch moth, an insect which is not normally considered very dangerous to the health of Monterey pines but when the infestation is severe enough can certainly cause their decline. In some cases that is the condition seen here. Respectfully submitted, ~,~ Barrie D. Coate Enclosures: Assumptions and Limiting Conditions Tree Data Accumulation Sheets Definitions of Tree Data Accumulation Sheets Map BDC/sl PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST JUNE 29, 2004 p-ll ~ BARRIE D. (OATL and ASSOCIATES HOf1lcutural Consultants 23535 Summit Road Los Gatos. CA 95033 408/353-1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of Information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arborlculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 10. No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar Inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborlsts are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. æ~¿J.~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant ( ~~~r PostlOlsease Problems Recommendations i i i r I i ¡ i 'I 1- I I I ,- I _ I W?¡ iñ I 1'1 lon' :::':.c 1 I I ~ I...!-I 01 - I I I I~ !Jj!IW 1 ¡.... ~H 'I ~I 1 !Ii ~ ¡ 1 ~ t:.1 ~ ffi $10 ~ '~II lël~16¡UIC Iffil~ Ip _I I -I> I~ c I~ ~¡I !181~ ªIª ¡I~'IIZ ....!S ~ u ~II~ ~I~ w ~ ~I~ frl WI Z, CJ ; ~I ~I ~ ~I ~I ~ f ~ ~ I ! -+-+-t---t---I--- --I----!---t-+-- ! I ' I I I I I I ---t---j----f--t---¡--- ---,----¡---t--¡--- ___}m --+-t--- --- ---,----1---+--- --~- I I I --,----..---~--l-__ , , , I I I f I I I I I --+--1--++-- --- --- ---1---+-+-- I I I I I T· , ! --lu-T----, ---,----¡- I I I I I i I , I --.L--i-- ---to, T I = eost, 5 = Worst Page of16 1 .- I-Jr---...--tl--- _±±±boor- I , I ..L __.I ---"'---- -- ..-- I ¡ - - I +¡--+--+-+-- I I I 1 I ¡ --t--+---r---t---¡--- -r-r--¡t-t- ---I---+--r---+---I--- .J I I : I ___L__LL1__1_ Condition Prunln Cabl; Needs I¡-' III II I I 1 'I' I I I I ' , I' , , " I '¡ I 1 I I I I 1 - , , , , Of I I I I I I.... ¡ I;:¡;¡ N I z, I....: I ~ I 1 -I -- I 101 'J: - ,C>," C>' ,>= I 1 c> .. 'I /: ! ~ ~Ii ~II~ RII~!~ ~.~ "ì wi ~,¡: L1i ~I!ñ "'¡ ~ wI '" :::. ~I ~I ~ <3, j!:' ~I ~, WI ~, ~ ~, g! ~!~ ~I ~ ~! ~I ~I ~I ~ WI g:¡ 0' ",I", ",I "'I w ~I '" J:, tn ul 01 UI U o' 11:, U 0.. 4 I 2 ¡ 6 I I I ---t----t----j---- ---- ---j---1---+-+---I---' I I I I I I 'I 'J ' ~-!-_L__fLl---- --+---l.---I-..--~---,:----t--_· I I I I I , " ~_I__L ~+-- --+--1""--1---- ---}--!--.. , . I I I ~-t-..t+_!+-- ....+---t--- ---{--- I ---t--.., , " I I , ¡, . --- -~~T-~-I----r--T---i--.. I I I I _~_L__l__.J__ __l__~l__J___l__~___L_ Measurements :1 ì i I I '¡ I I I I I I I I I ¡ I ¡ ¡j' 1 I 1 I æ! i ~i 81 8 t::! I f¡;1 ~I ~ ~I æJl ! 51 ~ il ~ "'I~! I il ~ fßl W !! 5'1 ,;:I:¡ !i: 9 WIl-l I oj :5 C) ùJ #11 æs¡ Ldl ~I WI Œ :E 01 cc n ::1:1 tIJ I I 5.0 I I I 12 I 15 ----rr-l--¡----r--t--- , , -ª.:.q-l----l_.._~.._~___.---~.LJ.?.Uº- I I 1 I I '!'IIr,;;- -ª.:.q~ '----t----+----f-----~-~Q+l~-, I I I I I I I I ~r~-+~Lq ?,9-t-----¡-ßpº- , I I ! 1 itl·-~-~§.1.1+1ª,Q¡--.-~J§.}-~º-. 7.0 13.01 I I I gQ¡.___+____~---- ----¡J§+~º- I ¡ I I I ! 3.0! x ! 2\2! 7.011 I 8 I 8 ----t----t----t--- -----r----t---- ·!º,Qf----L-~-----I----.LJ§.I1§- I I I I 1 1 I I lH~__ m-t----I----- J§.+-!§.. , I, ~~-r--~- I ~~t~!'Q¡-----rl-~£ï!~-· 4.0 I I I I :1..._L_l___1..__L__L_. (-) # by another survey BARRIE D, COATE and ASSOCIATES (411) 35} 1052 23535 SunI.Uoad LooCá..,CA 95030 Tree # Plant Name 1 9!1j!!!~!!.ig!l'L________________ __m________ Ulmus Dsrvifof/s 2 Chinese Elm .-.----------- ----------------------------------, "308 ._----ª---- 9t!!!!.~_ig!!)J__________________J "309 I ._----~----- M"O_"!~_~l_!:'j~_!___________m___I "310 Pinus radiate ._____'!L__._ M£l'~-'!y-!:'j~-L·-------------l "311 -----~----- ¡M£l'!!!..~l PI~_!_____.____m___\ "312 ._____L_____ M£l'~_'!Y_!:'j~_!________________._, 6 M.!!'!~_'!Y!'!~_L_______________ ------------ "313 g M£l'!~_'!y!'j~_!_________________. ..._-~----.. "314 10 ~21'!~!!t':'!!'_~____._____________. ~---.__._--- "315 ---------~.. ------------~----_.._~.~, -- P \ Job Name; Vallco Fashion Park ,..., Job #: 06-04-104 ,J> Date: June 29, 2004 --+---t--+--~---l I I I 1 = Best,S = Worst Page 2 of16 Condition Pnm; Cab!" Needs PestIDlsease Problems Recommendation. ¡-I I! I I I I ¡ ! rT ITTII' I I , I' I' I I I 1 1_, ., If 1 ¡ I I I I I 11l?1- I I I ' I I I 'I I "'I ' . - "I, 1 : -. I :] I ~ I 101"" I I I 1 ~: I, 2, I I I "i' I WI 1 it! I ~ ! I;¡!I i?1 ! ~ N I 101 I~ ,- '~ ' I~I~ ' '>I~'ï "i'1 ~ ~ ~ ~II' ~II ~I æl~, ~ I ~I "i'll' ~'81 ~ ¡ ZII Mil i' ~. _I '" 2 21 2 õ 21 '1, I Q II::' >1 ~ ~ I w rr: 01::.· -I W '" >= :!; ~I' t;1!ii "I@", "i' ~I 01 <3 I "I QI ii!,!ii' 61 gjl ~ i:i a i!: it!1~,¡¡¡I!i!IQ.::, iSl§lw 0 ~1j!,i5I~I:5 ~I g ~ ~ ~I ~I, ~I ~I~I~II ~I ~I~I~ §I b ml~I!lil~ :t! ~i () ~ 515 5151 it!, 13 g: ~II!'I 0' f!', "': ~ 8:1 ¡¡:' I:! 1 1 I .-.+... ... I , ~.L~_~_~_, __ ___ I ___~---~mL¡-- ___ m¡___¡----~---+---¡-- __I____.___~---.l.- I I I I' I I I I I I I I I I I I I --- ¡ ---f---r--+--- --- ...." ----t---+---t--- I I t r 1 I m¡ ê ~I ~ >=11,; !ß' w ~I ~ ~i ~ s '" w u. ::E ::> () 0: ¡; Measurements , I . , : i i i I I I , , , , I I , (I) , ~ , ... (I) I ~ ! :¡¡ ",II ~ '" w o '" , i I I I I I 1 I i , 1 j , tul ~I ~II ~ 0: (I) ~, ~ ~I ~ ð. ::E BARRIE D. COATE and ASSOCIA US (4(11)353-1052 23535S...Uoad Lot GI1oI CA 95030 ; i . ¡ I J 4 +--'---- mt---;---¡---. ----1------- - i I I , I I t I .. ---....--. ..£..J..........__ -u~.._-¡---t-- I , " , ---"--... , ~-¡--ª-. .-IJ-- --i--t-++++-. : I I I I I , , , 'I I I L I 31 3 t 6 J__ ---T---~-- ---- --'I". ---J---' --_---.. ---I ¡ I : -~-f-l- , (-) # by another survey 10.0[ x 16.0113.°1 t· 15 i 20 -····r····r···.,.···· -... ..··r····' I 'I 8.0! I I I i 15! 15 ..~.--t--1--...i._.- ----- --- ___w' 9.0' ¡ 110112 d=t---- ¡"----,----t---t-- , 1 ¡ I . ~----I----lm-t-H?f~- liP.¡____+____+____ -----f-~P.p9- I I I I I Tree # - ....Jl....-IM~~!~!J~.!................. *316 Name Plant ____.!3.__.~~~te'!t~l~_'!..______________ ____J.?_____.M.!!~~!!Y_f'j!'..L_______________ _____J~____.M.!!~~!!y_f'j!'..!______._________ ____JL_-IM.q~J~!!Y_f'j~_L___.__m____ _____1.L_-IM.!!~J~!!Y_f'j!'_L_______________ M£.nJ!~1.f'j!,_~ ____JL-If~j!'_'!!.!_~!!" _____17.__ 19 Chinese Elm --_.._----..~-_.._......__..__.__...._-------.._.. 20 Chinese Elm ..-..-------01--..-------------------..------ Job Name: Vallee Fashion Pari< Job #: 06-04-104 Data: June 29, 2004 - ?--> I V C> î o if ~ ~ I: ~I ~¡ ;i,~ ~ , , i "" :E ::> " 0: Õ Measurements 1 ! i I ! I 1 ' , , , , , I : ~I I I wi ! - ""I I ¡I ~i @I ¡;¡I 0: 1 >-, w "11 tï¡. -. ~I ~I ~ , ¡ , , , I BARRIE D. COATE and ASSOCIATES (4(11)353-1052 23555 Sum.kRoad Los Cal.0I, CA 950!0 =tt±b ++T1-1 : : : I I III1J Iii 1 ¡ ~ --·--+-t---t---: , , I ' , -+++-- -··1 Plant Name Ç~lP.!~_;!!:'l.________________ Co~ffion . ~inW?abÜ~ N¡oo" ~~isea~ p~:ems ~"1"JIOOt -I 1 r : I :, I:: :J 1 1 :' I I I I J I I ill In I I I 1 1 : 1 I :, I' Iñ : I":' i"ì 1 : I -, I " I II;!. I' '~- - 1 1 01 . It) 1- W I I..J I ;i;l N 1 : zl il;:l .,:. I W 1 1 '!J 1 Ie g¡ , 1 - - : I °1 'ð : ~ 1 ' ù) I Èi ~ i "ìl ~I: ~ ~! ~ ~¡ "I i!il ~ ~~ I ¡g' "ì! ll8 ¡g I Zl ill I - c z ~I zl 0, z, $1 UJ I I-'~' ª ~ W II: ¡::: - e::: - -I 0 ...... - r: 1::.:1 Q :5 ~ ~Ii ~II' ~ "I ~ ~I ~I ~I ~ Œ 6, ~ gl ~II 8 ~ ~i; :E -, >- >- ~ 1 ~~' '" ~ ¡!!I 51 ~I c 15 !!I ~ ~ ¡ ~' §I ~ II I II ~I ~I ~ ~ ~I ~ì ~III ~,~ iJi ~ .. .. ···tl...... ···t'····· ... ....~...+.. ..., I I I I , , ._J.1._.-fSì~jt'.!!.~.lilro ____11..___ Tree # I =r±Ir __l.-=r:III II I 1 ' ++-t--+-I- --+-+---f---t---I---t'------ I I I _ ! , j : ---t---.--+-- -.~, 6 I ---"1-- ~ ---I -~§- _____~L_+Ç~JP-!~.I;!!" M£~~_~_!:'lp_!________________ _____~L__.M£~!.~_!:'lp_!_______________ ----~.:!---- ---, =4= -...+-- ---~----¡--l-+--, ~ ! I I" ---i---I--+. -+ , , , .-- ---+--..- -- = Bes~ 5 = Worst Page 30f16 ___, I ' __of_.............l......l___ : I 1 I . T . ---i---- --- .............' ---1--- ::± ' T --¡----f....-' I I _1. I ! Ip= =r=¡=c 1 _1_ 4 _._._~.L__!M£~~-~-!:'JP-~ 7 4 3 -_....--- 1§_ 19... 1----L+~. , , I I! I ....,,;-....-t----r-î"--t-- .... --++-~__I _~__L . . I 90 I ' ~,,~-..~_..-4 i I - i ! --r--t--mf19. 9 I . I __..21 at3" 'r1õ ~l t---j-----r-19.l.1º- ?".24~.13' _! ! l 1 , +__1-___ 6 + 8 I I t 1-...... ....-. 5.0 I I I I I -----¡----î _1-__.¡____l..1Q110 ! I ! 't-..-.., 12.01 1- ----¡-+, :--... 1L<1.LJ ¡ ,--" --..-i.---I , I M£~J!.~.ï!.'l!l!_____________..: ____~~_____!M£nte-~.ï!.'JP-L------------- __~L_ ---I 3 I 5 ---1---- ..2. -~~- : , I--t--- I ..-.., --~-- , 1 . . - T T I I I - _ i 4[3171-1 . ! 1 1 ---,----rr- --r-r-r-¡---r-r- - - - -- (-) # by another survey ---L--l--- : I ----L : -- 4 3' 7 ---·----f--·- I J.§.LÆQ. ___ª.2____- M£~J~_~.ï!.'lPL___.______f_1Æ:Q _11__-1-_-1-__1' ___I. 1§.t. _1§_ I I _ I I Job Name: VaJlco Fashion Park Job #: 06-04-104 Date: June 29, 2004 --, ---- , . M£~!.~.ï!.'lP-!--------__¡..ß94---+--- I I --~~----- -- 'P \ V ~ Concmioo Prunin abli Needs PesVDisease Problems Recommendations I-r-f _I I I I I I ITTT ¡ ¡I! ,I I I I-I ¡Ii ¡ ! 'I I I' I I I I I I ¡¡¡-I I i t.1"I 'I I I It I - I : I : ...1 I 101..... I' 'I ~ 0, I I , I -, I UJI W , ..J - ::10 I' : ;:;1 ¡;¡ I ¡ 21 ¡,...l ~ W~I ¡ I ""I '!J I ,0(12,'" I - - , ,0, I:!:, I I ' ,I!! ¡¡¡ , 1;1:, -Il I Ol..t (!) '¡::I Øl. 1_ 5 ø : i ~ I' ¡¡¡-I ~I ø ~ ~I::ii øl ~i 0, ~ : ~I ¡¡¡-I t.1 0115 I' zl wi æ' _ -: ::i' Z :l 2' 0, 2, ê w, 0 I ,::;.1 >-1 ~ $ W, II: I 0 _I ~I il ~I ~ ~I ~il ~!I ~I ffi¡'1 ~I ~ ~I ~ I 81 ~181 ~ ~I ~III ~ ~, :!:I ,...1 "'II j¡ j¡ j¡ j¡' "'12"" 0 ::1 "'I I 15 '" :II c i, ~I ~'~I ~ ~I ~I ~I ~I ~ ~I tlj! ~I ~181 8 m F. 81 !!II :!:' t;1 81 0 0 0 <">1'" Ù if ~,f!: 0, f!:, '" '" ... ~ II! , , ... ... ····~..·+···t··· 4 ' , ---t- --t-+--¡---t--- --j--- 4J I I I I I --- r-- __-1.___, ---I--t--t---j--- I I ----j-.t- 1 = Best, 5 = Worst Page 4 of 16 Measurements I I i I j I I I I ¡ 1 I, , , 'I I I , : ' ,...¡ ¡ 'I I wi I (/) I ~I! :iiil 01 fÐ £:!" wi wi,... ¡I ~I ~I ~ ~II ~ @I""I-'Iwffi¡:t; a: ~I j: u. fß' LU II ~I ~, II RI ~I ! 50 I ' 110 15 .....··r-··+····+..··~···_¡._··t····! ~IIII !9,Q,____.L.+___\___J!?+Æ>_, !"£-I---L-t-..¡-----l.!QtJ.9- I I I I I I ijLl ~__ I ____i___..! _____L_~_1_1~_ I I' , 16.0' I ' 20 20 -----I----r-" ---j----- -- ---.. I I I I , I ' 4..:.ltf!9.' -·-r---+----t.!Q·U.- ! ! - I I 115 -t---- I (-) # by anotl1er survey -~J--~-i I ~Iª_ I ~cq4---.¡.---- ---.T----I1?p9. I I : I I !LIt, --- ---.J----t----rl.!Q !! ! Tree # 31 £b!v.~fJ!.i!œ, -............. 32 Chinese Elm ----------- -....----------·..----..--....-..----1 ____ªL__ £t>j~_~~_ª~______.___________ ---_.~--_.. £t>j!'..~~Æ~__.___________.__.. 35 MgD!~.!!Y£'jv_~_______.._______._, ---------.- -----~._-- M£D!~_'!\:_t'j~_~_._________.____ _____E..... M.!!')~..'!\:_t'j~_~____________.____, 38 M£Q!~_'.!'1..t'jV_L.____._______ ------------ -----ªª------ Ç!!!v_~!!!.~!~_______.___..____ ___.1!!_____ ~Ç!!!~-~~!Ék':!-------.. Job Name: VaUoo Fashion Park Job #: 06-04-104 Dele: June 29, 2004 BARRIE D, COATE and ASSOCIATES (4œI35~ 1052 23535 SuII.iRoad l.. CåoI, CA 95030 Plant Nema --.. ~ I V ~J PesUDisease Problems Recommendation. I I I 1- . [ . I , 'I I 1 , I ! I "ìl' - ,¡ I î '-'I : - '9 I 1"1 1 '-1- I I ,- , 10 , wi I IW W ~ ~I~ CI.I; I I! i >. -, .r 1~1~ fl~'~ Iz ~Iil~ '-I>'~ ~ ~ ~Ii'~ ~ ~lã,~là j ~ ~ II~II'§ f!! 5¡~1",1() 8 ¡¡; II! ill;;! ~ () wig Z ~8 ~8 ~ 2 81 ø WI Wi ¡¡¡I::> II! ¡¡ 1 ~ e:i 01 e:1~, '" ~ Ii: II! I 1 I ' ... ... ....~...+... ... ...~....!I..... ... I j I ! I I I 1, , 1 'I --- ---f---, ---t-i-- --i---·-~-t---t--- :L -·--~--t' ---I: ~" , I I I I ---l---l----t--., I I ~ .. ~ o '" ~ º W '" W ~ ~ ~ W -- ... z ðl~ PruninQ/Cabllil<! Needs , , ¡ , I 1 1 1 I I I , ~ " !.!! ~ z W ~ '" I C) z ¡¡; ~ ! () I I , , I I Iz o ~ ~ -- 0 ~ t; " W ~ '" ~ ~ "'I '" (),() , , I , C) z ~ ... () ~ () Condmon i¡-¡ I 1 1 , I I '-I ' 0 ! I;¡;_ I I..... N "',I ~I!, I ;y ~I ~ "ìl ~ ~I ¡:: ~I ¡2 QI ~ i!: () ~I 0 ~' ::> ~,~ "I ~¡ 81 ~ , , + J I I ¡ I ... ... ....!...~... ...+..., , , I I r I I - ,---r--\---r+-+- .~~... I ãT -----I----¡ ~.¡..i. I 4 I 4 __10..__, , T I I I : I ! I I I I ~I I ~i @ ~I I ~' ~ . :EI __ ~ @I t!!¡ t;1 fß ffi ~I ~I ¡ tül 51 ffil ~I ¡j¡1 :1:, ~ 1 I ;T;';;' ~·Q·~··+····t···· ..... ··,·t..:.¡:·, , I , I 1 ! 8 110 I ____ ____ 4.0 --·----j-----I----r r ------ I - ! - - Measurements I . I 1 ! I i I I"', :E¡ t!!¡ W "'I () ! ~ ~ I :EI u. . 0:1 :E I 01 ::) ~I ~I ~ BARRIE D, COATE and ASSOCIATES (4œl35~ 1052 23535 iIn.ñR"" LOI Cal.05, CA 95030 ; T 1 --+--¡---t---C _.._j-_....¡___l---t-~- , I I i I I _ I --+-j----t---t---I---' I I I I ___j____l____L___l___l___, I I 1 I 1 , ---, = Best, 5 = Worst Page 5 of 16 - ----'---+---t- __1__+_- __.___ t , , , -------~--+--- --- , , , , ___j____¡___~---l--- I I I -- --- , I- ---1--- --- , ~ I t' ---, t ->--- --- ---¡".L -¡---f--- ---'---f---+->-- ..J....W...L =¡-+---t---f---I= I I I ---~ - ___~____l___l__~___, : I t J ! ! ! , ---, I I 1 1 ' T æ---¡----¡--t--t--- I, , .:ti, --tt', ?.-r--- ---r, --,---- ----rl---rl ___L ! I I I I (-) # by another eurvey -- --- t I I I I --- --+--1----~---.¡..---1--- , , I , i ! ' 'r--- + ~---- ___ ___01___: , , , I --T- jLº_~' ---+..---1-----1----- _-ª_J_19_ ~_¡__i_ I , I I I I I -ª,º- ----t---- -----¡-----rl.1?.¡-~9- ~,--~-~~-j----I I I I I! ~.Q-I_---.j.--+---¡----- --~-.j.-~- ~J-ª-.j.-,ª" --, ! It! I !!!: :!-!L ---- --rl---I-----¡-~-1".1Q. ?.-P+'ª"-t---i t I! -~'-º- ----+----1----' -----l.1Qt.1?- ?.+-ª+'ª"- 1?ä___ ,---+----I----t.1~+-ªº- _t --ª- ! - j - - I 8 L__I ____I l- I ..£ 2 I 2 ---t---- -!!'ºr--a----+--f.1QÜ?- I I I I 114---.l--,I----¡'---J.1?.tl -ªQ , J , 41 £þj~.!~!]!¡1J, ,............. 42 Chinese Elm ..------------ -------------------------..----1 I 43 £þj!!.!~!É.!~___________________, ,------------- 44 çþj~_~~!_~!Œ!__._________________, ,-----------_. 45 £þj~_~~_ªŒ!____________________ ------------- 46 £hI!!.~~_ªŒ!___________________ .------------- 47 £þj~_~~!_ªŒ!___________________ .------------ -----~!._--- £þj~_~~_ªŒ!____________________ 49 M9.~!!r:!'.ïl'j!!.L________________ ._----------- 50 £þj!!.~~!É.!Œ!_________.________, .------------- Job Name: Vellee Fashion Park Job #: 08-04-104 Date: June 29, 2004 Plant Neme Tree # 8 ----;----, , , ---I - /0 1 vJ \...J MeastJrements , ~ . ~I)! i~abliì Nf" I Pesv~sease Prpt>'erps R~"",n~~s fTTT¡ I, II I' 11[11 11'1 I I I I I I I I I I f I "'I' : I I î I I I t I I I I I ",' _ , I ' I I I 1 I ¡ I I I Ið I 1:01 "I 1 I I I ! I I I I -I t I I I 'I I "l.1¡ I '''I ~ I I I! I I I I I ;::, ' I I \t) - I IUJ I.U I I..J -. i¡j I' ¡I 'I IN',," ¡ IZI 1....'1 I.. IUJ~I I I'" '!J 11<1::1'1 UJ V) , " 1 -I - I I 0 I ,:J: 1 - ¡ , I I<' L1i I ,~ - ¡' u.. I ::E C (!;)I.... C) I ¡:::I I".... -16' (f, ail 4i ~ :;1 1 §I ~ il ¡ ~I ~II ~ ~! ~I êl ~! ~I ~i ~ J ~I ~I ~II "I ~ ~''''I il ~ @) ~I 1....1 UJ 1=1 .... - UJ '" ¡:: L1i1 ZI (I)' (1)1 "I tlj '" "11351 "I 0( ~':5 I iô!, "I f .... I!; 1 ~ I '~'I' æ ¡a ¡a tj ~ ~ I <:! d, ~ I M! i ~ 'I ~ I Z ~ ~¡ ~ 'I' >ì ~ I 0 I' ð I!:', ~ I' ~ 'I"" S ~ VI¡ '~ ~ ....1 ~ :J:! U ....11 ~I r 351 ~ >1 (I) Z ....," ;:1'" " " ¡¡¡ '" I < .. ~I ~, ~I¡ ¡¡J á1@!¡ &: ~I ~ ~I ~I ~I ~I ~I ~ ~I ~ ~z'l ~ ~I ~ sl S ~ F.I ~II'II :::E C ŒI¡ - :::E: CI) :J: en 01 C) U (,J tJl 0:::' U Q.. I- 0, ¡..; .... .... Do ~ 0::1 110 ,I 15 1'0 4' 3 ' 7 I I , ...... .... ····.4-····t···....····+·,,·· ···..····+.···1···· ···. o···...,···t···· ... I I I I ! ¡ I ! ! I I -II i i ----++ +t+- , ' --'r--.t---r--- I I I t-~' ---t· --.I -J---!- . r I . -~ ---, , , BARRIE D. COATE and ASSOCIATES (4œ)35~1052 51 Chinese Elm ....-.............-........, _____R_.__ ft!L'!.~~!_I§!!!L____________ _____§.:1.__._ f~j~_~~!_I§!I)J________.._________ ____.§:!.____ f~j~_~~!_I§!I)J__________________.. ___.§_____ M£~!~!!¥_E'j~_L______________. _._--§§.--- §y!~~!k;~-----··--------I ____§L___ M.ont~_'!¥..E'Jr1_~___.____________i 2!535S...Uoad LoIGaIÞI,CA 95030 Plant Name Tree # --- I I I· ¡ , I --"f----r--.L..-¡ I I ¡ _M__ ---¡ i ¡ --+--t--- . , , , . ----t---+-·.1.. ! I I -- --- .......' -- t t---~--- '-'fl -OJ : LL. ...... ......-....t......: ! - I ! I --- 1 ' r I I T +1----¡---rr--¡- ¡'I ---t---.¡..-- ·-+t---J---I +H-t-H- ......T...~........l......+......t' ......t......' I I ! I _ I 5 r ....--1--..' r 1 ,. 19J1..-.--+--+---¡'-----'r' 1~'¡'_1§_. .. M.!1')!~!!¥_E'j!l~______________"_ ----§§.----- L_~_ , , , :1t-t "7'Ì"":ï'" . :1_¡__~_l.~_L, I i ¡ .- 6 4--·· I m1----f--·f-1P-ë __........11.........._.... i 10.L1 15 1 r"¡-- 6.0 -......-....-....., 5&.L--! - I __._.§.!L___.M.!1')!~_':!¥_E!~_~_______.._________ f~j~_~~_I§!!!, 60 = Best, 5=Worst Page 6 of 16 1 (-) # by another survey Job Name: Vellco Fashion Park Job #: 06-04-104 Dele: June 29, 2004 -- µ 1 w ~ ~~iseariml' s Imen~.tionls 1 I ! ¡¡¡- - I I II VI I íñ' I'" III I I f5 I ti I I ßI ~ I...,¡ '7 _I I~: I .0::. '!.I I e. ~I io\ ml I ·~Im III-I.' I UJ _I - ~ I ~ ! lõl~ltJ 0 ~'Iii! =:.1 ~ ~! 81 ~II ~ ~ ~II æ. ~111!ii' w O::I~ 0 u 8 ~ lie ~ ~ llii~ ~ 8 8 F.!g ~ 0 ~ ~I~ ~Io:: 0:: ~ ~I I . I I mt-'. "'t"'t'" ", "'1,m "'j'" I -, ___l._+++_,_ --i----,-. ---~--- . l' . --t--i---- --T-!--- --l--t--- ¡ ----1---- I I I I I I ---t---¡--+--r---¡-- ---1----¡---+---.l----' ! I I I _ I I c~ . . pru~in~lng Needs I I I'.. ! I I I I I I i ¡ I : . ~I I I I I o. I - I ~I ~ I ¡ ~I ~! ~ I (!) :!. Ø! "I ~I ~I... Ç: ~I' ~ ~ ~I ~i gll ~ ~I ~ ~ UJ I- W f;, en (JJ z' w a::: '51 ~ ~ d ¡:! ~I ~ wi ~ a. ~fl ~ ~ ~ ~I ~I ~ ~I ~ ~ ~. 8 ~ 5,51 515 ~I ð if I I ¡ I o I w ' ¡ I ¡¡¡ ¡¡¡-I w ~ ~ ~I ~ II I I . I I . ~ 2; ffi t;: CJ ¡¡¡ I w u ffi 0:: w u. 2; :J !;1 ¡; Measurements r · ¡ I · I , , I I , 1 I · w ¡¡¡ >- w 5 :J ::ii ~ :1:1 9 "'I w o '" , I . I . i I I I I I I I I I i I >-1 ~I t:!1 ¡I ::ii @I ~ ml ~ ~I ~ nl :ii BARRIE D. COATE and ASSOCIATES (4118)3SH052 23535 iwI.Uoad LoICatOl,CA 95030 , I I I . --l-- ---¡--l-- ---L-t:---~--j----¡ . . , , 1 = Beet, 5 = Worst Page 7 of 16 --+-.-++- ---~--¡---i---L--_L-- ! ! 1 I ! I I I , c: -+-_l-_+_+_¡__ ~--.--- i r r T , . L ' I ---T---t----:--·...·-- _we' -t-t+t+ ---.¡..---L---~---T---I.-- I I I I ! ¡ I I ---r-r-,'-Tr I . --+--.---1 I I-we, . 50T. I 11!1.+·12 4'216' 'I I. T ·...··t····+····t-··¡·····"··· .... ···t····,.····1··· ···-to-·"'··"···¡·"r·-t···' I I I I I I 1 I 1 I I I I J I j .~LQ-f---- ____J_____L_LU.19_ _~_I__U_Z_I_m __.L_L_ ___.J.___L_ ___. 1 I I I t 1 I I I I I I I I ~-I--~-""I-§.-i---- ---f---J,'.----f.---t---t' ---f---' J I I I I ! (-) # by another survey Plant Name 61 ~J,tt.~!.Ii!O'J........._.._....., ........-.... --._-!.!;¡----- ft'J!'_~~!L~!I)]________________.__ I I 63 Chinese Elm ,..----------- ------------------------·----··--1 I _____!.!1_____ ft'.!!'_~!'.!!_~!'!J____________________1 ..._._ê_t____ fb!!!.~~.!!ÆI)]___________·_______1 ._---~----- ~9.!'J~!.!!Ü'J!'_L_________m___1 ._____êZ_____ fb!!!.!!'.!L~j'!J___.____________.___ 68 fb!!'_~!'...!Æ'!J____________________ ..------------ .____§.ê._____ £.t]!!'.~~.!!..~!'!J_________ 70 ft'J!'_!~.!!ÆI)]________. ---.-------- . ---.. ~ I Job Name: Vailco Fashion Park VI Job #. 06-04-104 ~ Date: June 29. 2004 Tree # Recommendations ~ I :". , ~ ¡;h ~I. §I~ ..I!Ž ...I"í ~iE I!! I~ ... --- · · · ¡ , ill-- ---- --·f---· , 1 _--' ___ __.1 ' T I ,---1..---1 - ! I I --"I 1 1 I I , PesUDlsease Probtems : I I I i I I I' I I ! I J ¡ I r::-I , I':" "'I- I J 1 íi) I.,.!.. u;> 1 , I : I 1 1 -'-I I : C- :::., 1 I 'I I _ I ~ I I' 21 i~! I ~ ! wi ¡ ! ~I ~ 0, ,:>:1 I : ~I : ,~, ¡¡¡ øl~ I'ºII_I~ 1~1_!íi)181~ z ",I (!) ~ c' - I ~I "" -'-I 10 i llilll~I~I~ ~Ii, tl~I~I~ ~I~II~I~I~I'~ ~'51§'~lg'18 õ õ sl~'~ z ulw'~lz ~ ~ '" ""I~I~I~læ ~I~I ,ælªlª u,u.o ~IU!~ _ F JF Condltlon l-r· , I I I I I I I_I I I 0' I I": Q ~I ~ I : C) ~ (!) i I 2! !¡ ~ ~ ¡;¡ riìl' wi ~I Ei ~ LU :::. ~I 01'" ¡j ~ ~I g, ~ ~ ~ ~ ",I ~I 81 ~ 5 , , 1 : o ¡ ¡;¡ w 'Ï: (!) w '" MeastJrements iT i , , "'! ~I w ~! fi !:il ~ ~I ~ ~ ~, u ...., '" iJ 1 - , i , , , , r I tüi wi u., t:!' :¡I :! @' ~ '" > I!! ~ w !:i ~I :;¡ " :!i BARRIE D. COATE and ASSOCIATES (411) 3S~ 1052 23S35S...kRoad loIGll.Gei,CA 95030 ; D'T -'-1---'-+-+- ttttl' , ' --------t---~--' , , I '+"j"+-' -¡... :::L_J___L_J..___L, ili±±' : ' I " ---+---,--++--t' --- I I I I --r-I i I I ---L-I---ï·--+---I--- , ---,·----t-+--·-·· . . ~+.~.p+. ..+.. ....¡..++.¡... I I. I 'I I I 1 'J' , ~..L....~..l_~L ........ ......1......1........1.....1__..1__ ......, I I I 1 I I . I I I I I I I I Plant Name M~~!!¥..~J!1.L.__________.. ____?~___.M~~~_'!yl'J!'.~ .....r.L..... M.qQ.!P!!Y.~j!!.~ M_qnte'!ï_~J!'.e ___?L_, ----?~---- Tree # I ./..---1--- ---I , ___I . ' I t--+--f--+---·--- , I ---p- , . r.¡ Tifl I _'.. _.L___'.._. ___L__.____.___ ---.--...- 1'-, I r ¡ I I I I _ ·~-I __.L._ i I ¡ ---j--'-I'-+- :1::1= , I I - j---j---r-t-ï= --LLt---. .--.¡-.- I i I I , 'r I, T . . I' ..!L --- .--+---1'----1---+-+-- -- I I I .£-t--- __.-L___. .m -"¡-·-./.---I--- ~p- , lQP~_ 1 10! 8 ---r---- , '~--I . 30' I I I 8 .I., 6 ·····r···l'····¥····¡-·-r-·· _..' I I I I I M:L._L_' __L..i --ª-rl_'!.- I I I ~ , " , =t---- , ---.l--¡--mlJ£t-l~- , ! I I I ¡ I I I I .!!,º-L-+--_+____J____¡.E.L.1? -I, , , I I I I .!!,q.i-.~-+£,q , lLQj. 6.0 i I I , ;_q}Z,9. _ I , ! __.__?£____.§y!I]~_E!!'!._________._____ Pvrus kawakami ___ 7L_-IM..on~!!Y_~J!'.L______.m_____ 2 I 3 --...--- i ~J.t I ,-,' , +18 Lq-..-+--+.-j-----r-E ---1 I I I - - ___?l_____.§y!l]r!.!!~_E!!'!..____________ ~,~_.___..L_+f ____L_Lª_ , " I I I I _._?!!_____.§y!I].'!'.!!~E!!'!._______.._____ _!L §y.!!I]r!.!!~1'.!!L_____.__.______ __.ª.Q.._ §Y!I]r!.!!~E!!'!.__m_______.__ ___1..!!__.. 1 = Best, 5 = Wors Page 8 of 16 (-) # by anothar survey Job Name: Vallco Fashion Park Job IF. 06-04-104 Date: June 29, 2004 --...... "" \ u ç--- Recommendations : , , , - , - : !! : 0 -' ~ ..J CO')':>¡ C I I II) > ~:J o ~ ifj :Ii _ ED W .. . tt: 0 ::. Q iii! ... Z 0. Z W oJ :5 :Ii « 0. :Ii > (/ o 0 z U :Ii « w w .. .. .. . z w '" ¡:!: w .. ::¡ ... U ¡;: PesUDisease Problems I . . , I I I I I I I I I I I ! ¡ ! 0': - íñ: : :::.' ~ .,.!..I : :0- - I I W W W I Ie::: (f) (J) : I UJ L5 ~ : _I >0 U) (J) _, 10' - - ur: ~:ü Q CI .....: -: e::: ~ z -, ~I c1' '> 0' -' ...J 0> 01 U:...J ...J w tV 01 ~:o 0 > ..... :=;..,......., () 0 0::: U >1 :x:::1.... I- W W g: Z:o 8 (/ ~ wi ~!o ~ I- OJ 1-:0::: a:: a. , : : , , , , íi? ! ~ ' - ' ¡:: ! ëi: ! o : æ íiìl 0. ., ~, C) -, z enl - 1-1 z 0' ::¡ w' I< ZU) ! 0. ' -! PruninolCabiino Needs r .. C> w C> w w z (/ w oJ '" <3 ... I C) iD ~ C> z w ð ::; w I< C) Z ¡¡; ~ ~ o I< o z o ~ o ... U) w I< ~ I< o , , , , , , , , , , , , , , , , C) Z Z z Ï ... ~ I< o N ¡ C!) - Z C) - ~ ~ ~ d ~ ~ I 0 , , : , , , , -, 0' "';'"1 N' -: C): z' -' ...' ~I Z: 0: -, ...' -, 0' z: 0: 0' , Condition ; , , , , , , I , , , , I , , , -, "" " -, -, w: 1<' OJI ...' 01 OJ: 1<' ...: (1)1 , , , , , , , , , , , , , , c> I w : ... , ~ ! ~ G': U) " W ~, -, CI :3:1 l5 J-: I< ~I 3s ::r:: c> w ¡ i= U) w ... I C) iD I w o z w I< w u. ::; ::¡ o Q; Measurements r , , , , i , , , , , . , : . U) ::; w ... U) i= -I ::¡ ::; ~ -I W '" , , , , , , , : , , ..., wi w' u.: ~: ~, .J.! ~ ",,' w ~I I- 1<' U) wI >- 1-1 '1 w' - ?;!' ... , -I i ::¡ ;=;1 :i BARRIE D. COATE and ASSOCIATES (4œ) 35~ 1052 23535SullmitRoad Los GatOll,CA 95030 i i I ¡ ...~....+...+...~.... : : I : I I I I : ' , , , , , I I I I w~_"____&,___"¡'___,, ____ , t . I I I I I I I I I I I J I I I I 1 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 ___......___"'____..___......___.1.___ I , I I , I I I I I I ! I ! 3 ¡ 2 ¡ 5 I I Iii i i ...~....+....~.... ....~...~....+....~...~....+..., 1 I' "" 1 I I I' ". I 1 . I 1 I I I I I I . I 1 I I . I I I 5 I 3 : 8 :::::: ...1._........_... _.__ ___..¡.,.__...____...____~___.____...___ 1 I I I I I , I I I I' I I I I I I '! I I , I I '" c> 7 0 ~ i ~ ~ ~ 20 : 15 .....,.....\.....;.....+.....,....+.... I , , I , I I I . I , , , 1 I , , I I 1 1 I , , 6.0: ¡ : : : 10: 10 ----..----.....----..-----...-----~-_.-.....-... I I I I , , I I I , , , ! ! I ! I I IIi , I I I I --+---I----I---~---l I I , , I I , , I I , , ! ! ! ! I ___".___"'._.-i.___".__.1 , , , , I I , , ! , , , i i i i , , ---~----~----I----~---- : ' , , , , , I I , , 1 _._J..__1____L___J____! , , , 1 i , " , " , ---.,..---T-------.,..------ ., , ., , " , I I . I , , I I I ---.....---...----~---....--_..._-- I 1 I I I I 1 I I I I . I I ! ! ! ! ! I 1 , 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 4: 3 : 7 : :: I I : : ---~----+--·-4··-- ·-·+·--4··-·~--·-1_--·4----~·-- I I' I. I I I I I . I I I I I I I I I I . 1 I I , I I I I . 1 I I I I 3: 3 : 6 : : 1 : : : : ---t-···.....--··..···- -.-"""-.....---....---~--....----...--- I :: ::: J : : ! I I I I I I , I 6.0! !! ¡ 10! 10 -··--,·---..,.----,----------r-----r-·--' I I I I' I I I I I I 'I I I . I I I I 6.0: : : I 12: 12 ____...____.....____.._____..._.____.._..L._.__ I I I I 1 I I I I I I ! ! I I 1 ~ 1 : 2 : : I : : : : ---1----+---+--- ---+--+---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 2: 1 : 3 : I I : : I : ---..--.-.......-......- ..._~_.....--._....---~_....----...--- I I I I I I I 1 I I 'I I I , I , I I I I I I ! ! I ! 130! ~ ~ : :50¡20 ·--..:--~----+----4-----~-----1_--·-+---· I I I I , I I I I I I I I I , I I I I I I I 1 19.0: : : : : 55 : 25 -----...----.....----...-----...-----10----.......-. 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 1 I I i _..~..._¡_..+-_.~.._. : : : : I I ! I , , , , , , ---...----... , . . , ! . , , , , , , _._~--_.l-__. , , , , , , ¡'I i I , 1 I I I ---+---~----I--..+._-~..- I . I I I I I , , I I 1 I I I I 1 I' I' I I I' I I ___..L.___..._______....___..._. I. I I I. I I ! ! I 4 : 2 : 6 : : I : ~ : __....__+---.-1.--- ---+---4---- ----I_---+_---~---, I I I 1 I I I I , I' I I I I I I I J I I I I , I I 1 I I I I 3: 2 : 5 : :: ::: __.....__.............._...-40_.....__._____ ,_._-i-___...___, I' I I I I I I J I I I I i I I I I I!! 9.0 : ! ~ ! 20 ! 35 -----t----T-----I··--- -·---r--·-T-··· I I I I I I I' " I I I I I I I I 'I 11.0 I :: : 25 1 35 -----...----.....----..----------10-.--.....--.. I I I I I I I I I I I ! I I I .....ê.t..... ~~!1.æ¡~!1.~.p.~!~ 82 ~y!!I]~~!!~-~~~~ -.......-.... 83 ~y.!'!..9~~_~~_~~!'!. ...--.--...-. 84 ~Y!!I]~~-~~-~~!,!' ---....-.--.. 85 Coast Redwood ---..-.---.-- ----------------------------------- "328 Sequoia sempervirens 86 Coast Redwood .....-....... .....-----_.--------.-------------- "329 87 Coast Redwood ---......-... -.---------------.----------------- "330 88 ~Y!!I]~~~_~~t'__________________ -...--.-.-... "338 Fraxinus uhdei 89 Chinese Elm .......-..... ..-....---..---, "331 90 Chinese Elm .....---.-... ...-........., "332 Plant Name Tree # i I I i I , I I I I ---+---1----1---+---1--- I I I I I I I I I I I , I I J I I I I I , I , I I I I I ___..L.___...___. ,__......__..... I I , , I I I I I I ! I I ! I I Iii , i I I , , I I ----I----~----~----I----+----~---, I I I I I , I I I I I I t t ! t ! ! 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 ! ! . ! 21 1 : 3 I ··-t-·--+·----I---- , , , , , , I I , , , 3: 2 : 5 : --..............-....-.. , , , , , , , , , 15.01 ! 1 i 150120 ·-----I----T----~-----¡-----I----+---- I I I I : I I I I : I I I I I I 17.0: I : : I 45 : 35 _____"'____.....____.1_.___..._____10__._....._... I I I I I I I I I I I I I ! ! ! ! ' 5 = Worst Page 9 of 16 = Best (-) # by another survey Job Name: Valleo Fashion Park Job #: 06-04-104 Date: June 29, 2004 - ~ I W ..J = Best, 5 = Worst Page 10 of 16 Recommendations , I I , I . I I I , I I , , , I I I_ I I '''' : : : I!! I : 0 I...JI M"J ~ CC: 1 1 IØ >: :.: ...r !i' 1: I I z w æ: '9 w 01:: 01:' ~ c æ: I- W 01( z D.!Z > I- W .J':5 D::: w :E cIa.. w 0::: ::E >'(1) tni=00lz w u 0 ~: < 0::: _ W W'D:: D. a. a:: ~:.... , , ···;····t····~···~···· , " I 1 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 1 I I ---1----t----t---1---- I I I I I I , I I I I I I I 1 ---~----~----I----~---- I I I I I I , I , I I I I ! ! ! : ~ ---1----t----:----;----! : : 1 ¡ I I I I I : : : : 1 ---~----I----~---~...- I I I I I I I I I I I I I I I I I I I I I I ---.1----..----...-."'.--- . 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 ---"'----,1,----..--..1.--- I , I I I I I I I I ! I ~ W ~ '" õ '" :5 ..J o Ü .... o o '" PesVDi..ase Problems " " " I I " I I I I I :: : îÔ: ¡ íÕ! ! t) I.,.!..: : CI ~ !~! ! ~ ~ : cr.>! J UJ 1: ,«, ,> I w' -' 0 - : (f.) ít). ,?Io a:: ! õ!.,.!..! ~1 a:: º -, Z' -, >-«'"' 0:: "?I:>! 0: :..J a. ~'o,.' 81 ÜI-I -I ¡ ¡ UJ: 0 (!) "'I a::J:>1 0'0 ~ 1-1 o~ ;>\ ::t:1 z 01 UJI ~I Z~b ::> w, WI 1-'1 0 a:: "'I I '......1 a. ~¡ ¡::! o! ¡::!a:: , : , , , , , , , , , , Pruning/Cabling Needs .. Q w Q w w z '" W ..J '" « ü .... :I: <9 ¡¡j ~ Q Z w ~ o ::; w '" <9 z ¡¡; ~ ~ 0: Ü z o ~ o .... '" w '" ~ '" ü <9 z Z z Ï .... ~ o '" ü Condition -r-. , , , , , , , , , , , , , , , , , -' : 01 , ~, : NI N 1 -I....... ! (!)I ~ rr\ _! ZI _ v Y?I ¡:::I (!) ~ ......., «I z Z -I 0::1 - « wIll- uJ ~! t5!;:2 d ....ül ¡:::IO ~ ' -, ~ => 1 0: ¡::!~! ~ "'I ü::r. 0 I , : , , , , , , : , , o , w : ¡ ¡ ¡::: i:Õ1 '" " W ~, -, o II I1i 1-1 0:: ~! 55 I! " w ¡ >= '" W .... :I: <9 ¡¡j :I: w ü z w '" w u. ::; ::> ü '" j:i Measurements r '" ::; w .... '" >= -' ::> ::; ;: g w '" , , , , , , , , i , , : , , , , , , , , : , : , , ....: w' wi u.' , N' ;:: .! ~ @: ~ ",' '" wI >- 1-1 '" UP ..!.. ::;' .... «I ...J -I :) .OJ ::; BARRIE D. COATE and ASSOCIATES (4œ) 353-1052 23535 Summit Road L05Ga1os,CA 95030 Iii I I I I , , I ...+...¡....~...+...¡... 1 I I I I J I I I , 1 , , , I , , I I I , , I , , I , , I I ----I---_.._---~_.--I-_--...--- I I I I , I I , I , ! 1 1 J ! 31215: :~~III ...~....+....,.... ..··~···,····I...·~···,····¡···, I " 1 I I , I J , I I I I I 1 I 1 , 'I I I I 1 I J I I I I I I J 3 3: 6 I I 1 I I : -~- ----...----...---- ----~---...--~- ._..~--.......---.¡--- 1 I I I I' I 'I I' I' I I! ! I ! 1 I :I: '" " 901: I 125135 ..···I····+...·,·····¡...··~····+···· I I 1 I I I I I J I I I I I I I I I I I I I I 11.0 I : I : 30125 ~-_.- ~~-~..._--_...-----...-----~---_....._--- I I I I I I I I I I I ! I ! I ill 1 i I I I I J ---+._-~----~---+---~--- I I I I , I I I I I I I I I I I I I I I 1 I I I I 1 I I I I _.~...--_..----~---...---...- : 1 1 I I I I ! ! I 4 I 3 I 7 I:: I ~ I ---~----+----~-~-- ---+---~-_.-~----~---+---~--- I I I J 1 1 I I I I I I J 1 1 I I I I I 1 I 1 1 J I I , I I I I 1 I I 1 I 3 1 4 I I I : 1 : ---t----"t----1-~-- ~---~---i---- ----r---T---t--~ I 'I I I 1 I , I I I I! I I I 6.0 I ! ! : 20 ! 15 ---··~·---T----.,-----~---~-~-·-~T---- I I I I I I I I I I I I I I , I I I I I I I I I 15.0: I : I I 50 I 35 -----....---...----......---_.._---_..~--~..._--- 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 1 I I I I I I ---.¡"._.- --_.~---.....---...._-, I I I I I I I I I I I I 4 I 3 7 I I I I I -~-.----+----~---- ----~---~-~-- ._--~---~-_.-~--- I J I I' I 1 I I I I I I I I I 1 I I I I I I 1 I I I I I I 3 2 I 5 1 I: : ¡ I --- .-.....----...---- ----~~-_..._--- ----~---.¡".---...--- I I I I I I I I I I I I I I I I I I I I I 15.0: : I ! 55! 35 ,---·~t--·~+----~----· -----...----"T"-~-- I I I I I I I I I I I I I I I I I I I I I 16.0: : I : 145125 -_.__..._--_......_.__...-----...-~---~---_......_---, I I I I I I I I I I I I I ! ! I I I .....~.\..... £þj!lç~J'!.~!Œ! '333 92 Éy!ær~!~_~þ_____"___________ ------------- '334 93 Éy!ær~_~~_ð~~_________________. ------~------ '335 94 Éy~!.9r~!~_ð~L______m"m_. ----~~------- -----ª~----- Éy!ær~!~_ð~!l_________________ 96 Coast Redwood ------------- ---~--------------.---------_._-_.- Piant Name Tree # I I J I I I I I 1 I ---+---~----~---+---~--- I I I I I I I 1 1 I I 1 , 1 I , " , " , " ---.....--- -~~_.._-_.....--- --- , " , " ! I I 1 I 2 I 3 : : : I 1 1 ---t----+----~---- --~+~·~~----t----t---~----~---, I I I '" I I I I I' I I 1 I I I , I' I 1 I I I I I I' 'I I , I I 3: 1 1 4 : : J : 1 I -.-..----.....----..1---- __-'-___......___...____1.___......___...___, I I 1 I 1 1 I I I I I 1 J 1 I I I I I I 1 I I I I ! ! I I I , I I I ---+--- ----~---+---~--- I I I I I I I J I I I I I I I I I I I I ----1---.----1.---.....---...--- I I I 1 , I I I , I! I 4 I 3 17 J ¡, I T I I ---~.---+----4-.-- ----~---+---¡--.-~-~-~----¡--- I I' I'" I I , I 1 I' I I I I , , , I I I I I I I I , 3 I 3 1 6 : :: I ! : 1 --....----...----...-------......--......---..----1.---......---...---, I I' 1 I I , I , I : ¡ I I : J : : (--) # by another survey 97 Coast Redwood 15.0: I ! ¡ ! 30 ! 30 ------------- ----------------------------------- --~--t----+----.,-----~-----...----T---- I I I 1 I I I I I 1 I I I I I 1 I I 98 f9_~~!.B.~~_'Y_<:!9£"__"__..________ I I , I I 17.01 I I : I 50120 ------------- ----_.._--_.._--~..I----_..-----I.----.....---- I I I I I I I I 1 I I I I I I I , I 99 Éy~!.9r~!~_ð~~____________._____ 8.0 I 1 I I : 25 ! 15 .------------- --"--I----+----~-----I-----I----T---- , , , , , , , , , , , , , 100 Éy~!.9r~!~_ð~!l_________________ , , I I , I 19.01 I : 1 : 55 I 40 ------.------ --~-_.._--_...._--_......---_...-----I.----.....---- I I I I I I I I 1 I I I , , , , , , Job Name: Vallco Fashion Park Job #: 06-04-104 Date: June 29, 2D04 þ- \ --J ~ Pest/Disease Problems Recommendations , . I I , I I I I I I I I I , ! ! (Õ! _! ! ~ $1 I .,.!.I "?: I I! .,.!.! ! õ:s. i ! ~ (Õ -, I UJ UJ I ..J (;"I:If I wI ! C:::' rn : 011(': '" ~ U>I ¡ UJ LS : >:;., ... >- i1i I _J 0> CI) I ~ >- = I- I LOI _ I IE I- - (I), íÕ' "ü 0 I w::":I aI '" _01, I ~I I Z ~. O ¡ ~J - C:::' C:::' fw C:::' 0 ~ _'~I -, >, ~ ~ '~Q - ~ æ 101 10' <'..J..J I" D::: r- ~ .,.!.I 0101 o:~ ..J wI ~ Wz ~ Z:5 -, I UJI 0 0 I..... ..J ø wI C:::'t~: olU ü ~I w ~ < ~ 1-101 >: ~I L L WIO:::¡:! :IE > ~<J Z()'LU ~IZIr-r-tJ)' O§¡ ;::) wI wI :::>f 00 8 wi <..) <..) Z~ 001 a:::: e:::f a::J _ w ~ ~I 1-1 0: ¡-Ie::: e::: ~: ~ C:::' ~ , o o o I , , : o o , o , o , - - PruninQICablinQ Needs .. o w o w w Z CI) W ..J CD <5 ... :I: ø üJ ~ z w w è> ::¡ w '" , , , , , , , , , , , , , , , , , , , o ¡ o , , , o , , i , , , , , o ø z ëñ ~ ~ '" <.J , , , o o , , o , , , o : o , , , z o ~ o ... CI) w '" z ~ '" <.J ø z Z z "[ ... z :;: o '" <.J Condition -.-. , , , , , , , , , , , , , , , , , -' , 0' ! '7!_ I No C\I I -,..... I C!)' I _! z!:!. C!) U(: ¡::::: C) ~ _, «0 z z -, c:::1 - -< wI : I- Lù e:::' z, « ....J ~! O! C:::' ü ~I ¡:::r 0 ~ ~, -'~ ' 0' ::J: z] 0 g:! 01 e::: CI,) ü¡ ü o w ... « ::¡ ¡:: - CI) "1 w - 9 î ÙI ~ &: i1i CI) :I: o , o w ~ ¡:: CI) w ... :I: ø üJ :I: W <.J Z W '" W U. ::¡ ::;¡ <.J Q; Measurements r CI) ::¡ w ... <J 5 ::;¡ ::¡ ~ ..J W '" , , , o , o , o , o . , I , o , . , , , I , , , , , ...1 w' wi u.1 C:!I -I -.t: ::: @! ~ a:: I en wo >- tu! ~ ::¡' ... ë:(! ...J rs¡ ~ BARRIE D, COATE and ASSOCIATES (4(11) 353-1052 23535SumlllitRoad losGatos,CA 95030 i , I I ...~....!I.....+...~..... , 0' I I I I I I . J , 0 , . , 0 ---..-------.....- , , , , , , , , , --..---- , , , i I i I ....¡....+....~...+...+... I 1 I I I I I I I I I I . I I , " , ., , ., ---.....--- ~~~_.._--.....--- ~-- , " , 0' ! . I 4 I 3 I 7 I I I I I 1 ...+....+....~.... .........~....+....~...~....+... I I I I I I I I I I I I I I I 1 I I I , I , I I 1 I I I I 2: 2 : 4 I ::: I 1 ___Io____......____.¡____ ___~..___.¡____..____..___....___ ___ I I I I I I I I I I I I I I I ! ! I !! I I I :I: '" Q 15.01 : : : : 45: 35 ,·····I·...+····~·····¡...··~...·+····, I I I I I I I I I I I I I I I I I I I I I I I 19.0: :: : 50: 35 ----- ,----......----....---------..----......----, 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 I ! I I i r 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 I I ! i I Iii 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 I ! I 1 I ! o , , .-..--- , , , 2: 3 I 5 : ---~---~+--~-4---- , , , , , , , , 0 , , , 3: 2 : 5 I ___ ,_.__......__.~J_~~_ , , 0 , , , ! ! , 130: 1 : : : 50: 40 ,~-,;--~----+----~-----.¡-----I-----+---- I I I I I I I I I I I I I I I I I I 14.0: : I 30: 45 _____Io___~......~__~.&.___~ ~~~__ ___......__._ 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 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 4:3~7: ~::I~~ ---~----+----~---- ----I----~----.¡.----I----+---.¡--- I I' 'I I I , , I I' I I I I , I I I I I I I I I I 1 ! 2 ! 3 ¡ !! ¡ ! ! ! ~-- ,~--~...._-~_..~--- ~~-_..~-_.._-~_.._--_..._-_...._~_.._~- I I I I I I , I I I' I I I I I ! !' ! I I , I , 5.01 ! : ! ¡ 12115 -----'I'----.,..----4-----T-----'I'----T---- I I I I , I I I I I , I I I I I I I I I I I 33.01 1 : 55 1 55 ~-~-~ ,~~-_......_--_.._--~- ----_.._~-_......._~- , 'I I I : :: : I ¡Ii , 0' ---~-~~- ----I----~---- , " , " , " , " , " , " --...---- --_...._-_....._-~ , " , 0' , " I I I i I , I I , I ---+---.¡----I----+-~-~--- I I I I , I I , , I , I , " , '0 , '0 , --_....~-_..~_.- ---.....--- --- " , " , " , 3~3~61 ~~:~:I ---~----+----4---- -~--I_---~----~----I_-~-+---.¡--- I 'I '" t I I 1 I: 1 1 1 : : I , , " I I 1 1 3 1 4 j 1 1 ¡ I -~_.._--_...._--_.._--- ----...---..---- ---.....---....--- --- , 'I " I I , 'I " I I I I I I I I 27.01 II! 60 ! 50 ._----~----+----.,----- -----,.----.,..---- , I I . I , I I I , I 'I I I I I I , 22.01 : I I 501 35 ~---- ,---_......_--_.._---_.._---_..~--_....._-~~ I I I I I , I I I I I I I I I I I I , I I I I I ---4----~----1_---~---- I I I I I I : ' : : I _..J____ ___l___J____ o " , " o " , I , , 1 I I I I ~--+---.¡.----I----+---.¡.--- r , , , , I , I I I I I I I I I I I I I , I I I --_...._~_.._~-_...~-_....._-- --- I I , I t r I , 1 1 3 1 4 1 : 1 1 I : ---~----+----~---- ---+---~----.¡.----I----~---- -~- I I I , I , I I I I I I I 'I I' I I I 'I I I' 1 : 3 1 4 1 ¡: I ---..----....----..---- -_......_-_.._--~ ----..---....--- --- t I I I I I' t I I I I I , t I I I I! 18.01 ill ! 50! 35 '-----r----T----'-----t-----r----T---- I I I I I I I I I , I I , I : 20.0 t 1 1 1 I 50 I 40 -----..----......----..-----..-----...----.....---- I I I I , I I I I I I I I I I I I ...J.Q1..... £¥~æ¡~~Q.Mþ.................. 102 §y!'E.9~~!~_ð~~__________________ ------------- 103 §y!æ~~!~_ð~L_______________ ------------- 104 Chinese Elm ------------- ------------------.~-----_..------- 105 §y!æ~~_~~_~~!'.~________________ ------------- 106 §y!Œ!~~!~_ð~~__________________ ------------- 107 §y!Œ!~~!~_ð~~__________________ ------------- 108 §y!Œ!~~!~_ð~~__________________ ---------~--- 109 §y!!.Œ!~~!~_ð~~__________________ ------------- 110 §y!Œ!~~!~_ðsl'__________________ -------~---- Plant Name Tree # = Best. 5 = Worst Page 11 of 16 (-) # by another survey Job Name: Vaileo Fashion Park Job #: 06-04-104 Date: June 29, 2004 - ~ \ W --..D Recommendations I I · . · . , , , .- · ,~ : If! : : 0 , ,~ ¡:i ~!.h : > -I J Ii ~¡¡ zlw ii: ' w!1:II:: 0 ~ ~ c ::; I- :5 ¡ z ...! :5 · .. I I/ I Z · · , ..... · , · . ...<., 'I" .... 1 I , , -- , , , , , , ~~~..~. ....~ ~~.~ , , I I . ; , , , , , , z! iLl LLI, ...J' :i f <1(: :E I >, 0101 u' :i j w I un D::1~i æ ::> G ¡¡: PesUDisease Problems , " , ,. , ,. , " I ! Li?¡- ít)1 I :s.: ~ ,!..I 10:- Li? w !~! ~ - (/) 'w '" - '" '> uJ >- u.J -! 0 w !::: w ít), '9, u is g is tJ~! ~ 5 - -'~ ' . 0:: 101 01 «¡~ CI.. ,!.., 0 0' <.Jw:...J ...J w -, 01 ,0 0 > ø wI a::: :>' Ch U U 1:11:: z 1-1 ü ::::01 x:11- I- LLI z frll UJ gl zlo 0 ffi :J (/)1 UJ wI =q 0 0 1:11:: ~ zl ~ .....1 a:::: I a:: a:: Q. CI.. _! I- ...., 1-, , I , , , , , , , , , I · , i , · · , · · · · · , · · · · , · · , , - - PruninQ/CablinQ Needs .. o w o w W z (/) w -' OJ '" <.J ... I ø w ;¡: o z w w 6 ::; w '" ø z Cñ ~ z ;: o '" <.J . I . , z o ~ i2 (/) w '" z ~ '" <.J ø z Z z :t ... ~ '" <.J I , , , , , , , , , ¡ , , Ñ" i ø ø ~ ~ ~ ~ ~ ~ ~ I <.J Condttion , , , · , · , · -' 0' "71 NI -. øl ZI -, ~! zl 01 -. ..., -, 0' zl 01 <.JI , , I , , · , , , , i · , · , · -. "'. '. -, -. wi "'I ::>, >-I <.J' ::>1 "'I .... (/)1 , , , , ¡ , , , I , , , , I , , , , , -, "', , , -, -, II ...' ~l I' , o w ~ ¡;¡ w ~ '" a. (/) · , , · · , , · · · · · · · · o w !;( ::; ¡::: (/) w ... I ø w I W <.J z W '" W "- ::; ::> <.J '" 11 Measurements r (/) ::; w ... (/) ~ ::> ::; ~ -' w OJ · , · , , : , i · .... wi w' "-I £::!: -, ::; ..t UJ @I ~ 0::1 >- w' (/) 1-1 ..!.. wI I- ::;, -' <c' ::> rs! :; BARRIE D, COATE and ASSOCIATES (400) 35~ 1052 23S35SummitRoad losGatos,CA 95030 i , i j , , , , I ···+...¡····I···+..·I···, , , , I , , , , , , , I , , , , , , , , , , , I ~~-T---t·--·~--·7· , , , , , , , , -- ~~. 1 I 3 I 4 : : I : I I ¡ ...1····+····<···· ···+··+···¡·..·I···+···¡··· I I "1" I I I' , I I I I I I "I" I 1 ! 2 ¡ 3 ¡ I I ! I I ¡ _._...____.....___~.I-~-- ~___...___.I____...__~_...___.....___....___ I 'I " I , I I I I I I I : : I I I OJ o 15.01 f f f ~ 50 ~ 40 ,·····I····+····<·····¡...··I····+···· , , , , , I I I , I I I I , I I I I I , I , I 20.0 ¡ : I 45 I 35 .--.. _._.......................~...~...~.__.....--- 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 I I , , I 1 , I , I I ....a..__.....___~..._~_.....___...__~ I , I I I , , I I I , I I -- 1 i 3 I 4 I ! 1 : I I ~.~!~.-~+~-~-~-~-~ -~~~I--~-~~~~~ ~-~~I_~~~~~~~-~-~~ I I I I I ," I I I I " I I I I I " I I I I I , 1 I 3 I 4 I : I I 1 I __~..~_~_....~_~~.._~~_ _~~_....__.....~ ~.~_...___.a..___......~ I I I I I I I I I I I I I I ! I! I I I 20.0 I I I ~ ~ 50 I 35 ·-----I----+----~-----¡-----I----+---- I I I I I I I I , I , , I , . , I I I I I I 22.0: : I I : 50: 45 ~~~__...____.....~~~_..___~~...~~~~_...__~~.a..~~~~ 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 I I i I I I I I ~~-+~~~~~~~-I-~~-+~--~--- I I . I I I I I I I I I I I I . I 1 , I I I I I -.................-.....-.....--. ~.. , I I , I I I , I ! I I 113~41 I:II~~ -_..---~+~~--~-~~- ~~~-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 , " " 1 : 3 : 4 : : ~ I ¡ I --~..-.--.....~~-~..~~~~ ~~-~...~~-.....~~~ ~_.-...--~......~-....~.- I I I I I I I I I I I I I I I I I I I " 'I! 23.0: : : : : 50 I 50 ·-----I----+----~-----I-----I----+---- I I I I , I I I I I I I I I I I I I I I I 20.0: I I : 45 : 40 ....~.._.~~.....~..~..~..~. ~~~~....~-~......--~~ I I I I I I I I I I I I I I ii' 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 · , , ___+___1----1---+---1--- · 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 1 I 5 f 6 I I I I I : f .....---+~~-~~-~~ ~~~~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 1 I 2 : 3 I :: I I : I ·--t··-·T~·~-1--~· ··~-:--~-i---~t~~~-~~-~t"~~~t-~- I I I I I , 1 , I I I I I I I I I ! Iii I I , , I -~~~~~~~~----I-._.~~~.~ I I , I I , I I , I I I · " , " , ., -.~..~~-~ --~""'....I_... , " · ., I !' = Best, 5 = Worst Page 12 of 16 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 . , , , .....~-. , , , 1 I 3 I 4 f I i ~ I : : ~~·t~~--+·~·~l-·~~ ---t-·-l·---t-···~·-·i··-·t·~· I I I I I , r I , I I I I I I I I I I I I I I I I 1 : 2 i 3 : : I ¡ I I ~_~..~_~~......_~~~..~_~ ~~_-I-~__.I____....~__~...~~~.a..._....._.. I I I I I I I , I t. I I I I I I I I I , I ! I (--) # by another survey 19.01 I ,-----1----+- , , , , , , , , 8.0 I I ..~~-_...~-~-......-, , , I I 12.01 x 111.01 I ! 50! 35 ,-----I----+----~-----I-----'----T---- I I I I I I I : : : : I , I I I , 15.0: : : : : 45: 30 ........_._......~.._..._~~~....~--~-...-~-~.....~~~- I I I I I I I I , I I I I I I I I 1 I 150 145 ___~-----I-----I-m+---- I I I I I , I I I I I , I I I I 120 120 .--.1.........-.-.....-...........- , I I I I I I I I I I ...J.1J..... 5~j¡,æ¡~j¡,Q.ð§þ.................. 112 M£~!~!~ï_~J!'_~__________________ ~---~~-_..~.. 113 §y~!j¡r~~~_6~t'---_______________ --~~.__..~_. 114 §y!'j¡r~_~~_6~!1__________________ -~~-~---~~~~~ 115 §y~ær~~~_6~!1__________________ ~~.~-~-~_.~~~ 116 M_~~!~!~ï.~J!'_~________________._ -.-----...... 117 §y~ær~~~_6~!1____m___________ _.._~.._._~_. 118 §y~!j¡r~_~~_6~!1__________________ ~~~~-~-~~~~~~ 119 M_~~!~!!ï_~J!'_L___. _._._._~._..- 120 M£~!~!!ï_~J!'_~______. ..__.~~--_..- ---. P \ ~ Job Name: Vallco Fashion Park C> Job #: 06-04-104 Date: June 29, 2004 Plant Name Tree # PestJDisease Problems Recommendations I I , I I I I , I I I , I I I I I I I , , I I I I I : Lõl _ :: ;:r íl;'1 : :..l: U? : : I! ~! ! ¡ o!::' !!:2 - -, 'W'W ~I~I~ ~ LU 1 : cr::: I U) c I 'q WJ ..... (fJ J I ",I c;( > ~I _.. - <c I I.....' UJ I - >- u.J : _I > (j) 0 >1 !« ~ (j) _I ~,o - ~ ~:m ir _IOI".!..IUC! zWi,X.. o _,0 6!~!cr:::~ !w ~ o!~, Ñ 101 Z 01 <,« I ~IC æ, ~ ..... ,.> 'u,..J 101(12 'z a.. .....,::> 0' I -J ...J WI...1 W Q.':5 -: 0 ~: WIO 0 >1 : ~¡ ø 00. cr::: I O'U U «I WI~ c'Q. Z ~J ü :~: ~ ~ wI ~:~ >10 Z ~I w 01 zlo 0 01' ~....:~ OIZI :J.....'LLJ<C':=)I W'....:EIg cr::: ~: cr::: wI ~I~ ~ «I ~!~ WI Q.. _I I- 0: 1-1 Q.! D.,I.I.¡O!:! , , , , , , , , , , , , , , , , , , I , , i , , , , , , I , , , , , - - PruninwCablinQ Needs .. o UJ o UJ UJ Z <J) UJ -' ~ u , , , , , , , , , , .... I C> ! z UJ UJ > o ::¡ UJ '" C> z éñ ~ z ~ '" () z o ~ ¡2 <J) UJ '" ~ o '" () , , , , , , , , , , , I , , C> z Z z Ï .... ~ '" u . , , , , , , , , , , , , , , , , Condition -.-- , , , , , , , , , , , , , , , , , -' : 0: , ~, I "_ I C'\I, C\I 1-' ..... : C):.. C) _I Z - \t), ¡:::. (!) Z ..!-I <cf z ~- -, cr:::'- UJI : I- cr::: Z¡ ~ ...J :J: 0: C,) ....u' ¡::,o ~ ' -'~ ' 0' :::::I: zl 0 ~I 0: a::: ø Uf:I: U , I , , , , , , , , , , , , o , UJ I .... , <C : ::¡ : ¡::: ï:õ: <J) " w ~: , o I' ~ 1-1 cr::: ~! e; :1:1 o UJ !;( ::¡ ¡;¡ UJ .... I C> ¡¡; I UJ U Z UJ '" UJ U. ::¡ ~. u f!; Measurements r , , , , , , , , , , , , t , , '" ::¡ UJ Iii 5 :> ::¡ ~ -' UJ '" , , , , , , I , · , , , , , , · , , , , , , , , , , , , , , , · · , · , · , , I , , , , , , tü! UJI u.' , £:!I ~, ..! ~ """ UJ ~: .... ",' <J) LU ¡ iñ t¡j: ...!. ~: I- <C' -' -I :::I OJ ~ BARRIE D, COATE and ASSOCIATES (408)35~1052 23535Summil.Road L05GatOS,CA 95030 i I I i I I I I ···of····+····~···of·· 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 I . I ,] ! I 1 I 1 : 2 1 I: 1 I : ·.·~····+····of···· ···..¡.···of····+····~···of····+···, ] 'I I I I I I I 1 I : I : I : 1 I I I' I , 1 3 4 I 1 1 I 1 : --- -~-_..-.--..---- --.-..-.-......-..----..---.....--- ... I' I" I I I I I I I , I '! I I I I , I '" o 30.01 I : : I 35 I 35 I·····~····+····of·····+·····~····+···· I I , , , , I I I , I I I I I I , I 20.0 ¡ ! 1 1 25 i 25 -----..---.............-----..-...-..--.....---- , , I I , , I I I , , ! " ! I , , i I I , I ---~----¡----~-- -~----, I I I I I I I I I 1 I I I I , , I I I I , , I , ---..---............-...---- I I I I I I I I , , I i I I , I , , , I r -·-+---4----~···+--·~---, I , , I I 1 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 1 I 3 I 4 I ¡ ~ I I : --·t····+----~---- ----~·--4·---~----~---+--·~··· . I I I I I I , I I I "I'" I I I I' I , , I I I' I I I , I I 2 I 2 r 4 1 I 1 1 1 1 ___L____....__..____ ____..___...........__..___..____.._.. I I' I I I I I I , I I , , I , I I 'I 'I I I I , 23.01 I I I 1 25 I 30 -----¡----+---+----¡-----~..--+---- I I , I I I , I , I I , I I I I . I I I I I , 19.01 III 1 401 35 _____...____....._......_.__..____.L_.._......___, I I , I , , , I I , , I I I , , ! I I ,i . " ·--4---- ----1-----1--.. , " , " , " , ,. , " , " .....-------.....---...-... , " , " , " 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 I , I , I , I I I , , , , ! 2 2 I 4 I I: I f ¡ : ---t----+·---4-··· ---+---4----~-·-·1----+---4--- I 'I I' I I I I I I 'I'" I , I I' I I , , , 'I "I" I 1 1 3 1 4 I 1 1 I 1 1 1 .--.....--..----01-.-- __._...._01____..__._...___.....__...___ I 1 I I' I I I , , I I I I I , , I I I! I I I , , , 25.01 ~ I 1 1 40 ! 45 ,-----,,----+-·--4-·-·-~-----1"'----.,.-·-- I I I I , I I I , I I , I I , I I I 1 I I I 16.01 1 ¡ 1 : 40 : 35 _____L_._......____.....__.....___._..____......____ I , I 1 , , I I I I I I I ! , I , ! ....J.~j..... M.2Q!¡¡!~.:¡.rj~.~ 122 M£~!~!!~_!:'j~_~__________._______ ------------- 123 M£~!~!!~_!:'j~_~. ------------- 124 M£~!~!!~_!:'j~_~. .---.-.------ 125 M_~~!~!!ï.!:'j~.~. ---.-.-...-.- 126 M£~!~_~1.!:,j~_e ------------- Plant Name Tree # i I I I I 1 I -·-4----.-·-+---4---- I I I I I , , I I I , , I I , I I I I I I I I I -.......--......-..---01---- I I I I I I I I I I ! ! , " , " ---+--- -..-1-...4---. --, , " , " , " I I I I I I I I I I , I , I ___.....___......L_.......___...___, I I I I I , I I , I ! , , ! ! 1 I 2 1 3 1 I 1 : I I --·t·---+----4--------I--·-4----+----I----4--·-4--- I 'I I I I ] I I I 'I I I I I , I I " I , I I I 'I I I I I , 4 ¡ 3 1 7 1 ¡ l t ¡ 1 --............-_--01-------.....-.....-.-----..---.....---..-.- I I I I I I I , I I ¡ I I I I I , ! I " I' I 24.0 I 1 : I I 40 ! 35 ·-----¡----+----~-----¡-----~-·--T---- , I I , I I I I , I , I I I , I I I , I , I , I 13.01 : : 1 1 30: 20 ____....__......____oI_____....___L..__.....____ I I I I I I I I I I I , I ! I , I I 127 M£~!~!!~_!:'j~_~. ------------- 128 M_~~!~!~~_!:'j~_~. .------------ 129 §y!I],~!~_ð~b --------..--- I I I i , I I x' ---~----¡----~---~---- I I I I ! , I I , I I , , I I I I 1 1 : : 2; __.01__._...---..---..---. , I , I I I I I ! I , , I I I , I , I , I ---+·--4----~-··4----t--- 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 1 i 4 I 5 I ,i I , I I ---~---+---·4-·-- -.--~---~.-.-¡.--+---+---¡-.- 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 1 1 1 : 2 : I: 1 1 : .-...--._.....----01---..-_....__.01--------...---.....-.-..--- , I I I I I I I 1 : I I I:: 9.0 1 x 1 6.0 I ! i 30 ¡ 30 ~·---t----+··-·..¡-----T-----I"'--··.,.---·, , I I I I , , I I I , I I , , 1 I , , I I I , I 16.01 : : I 1 401 30 .-....--._.....----01---.-.....--....----.......--- , , I I , I I I I I I , , ! , I I ! 99_~~!_'3.~~_~9!!________________ 130 _....-.------ ·318 = Best, 5 = Worst Page 130116 # by another survey Job Name: Valleo Fashion Park Job #: 06-04-104 Date: June 29, 2004 --...... )0 , ....c.. .-.... Recommendaöons -,... , I , - , ~ : e , 0 ¡:;;-!3f , : IrJ :" J ~ = - '" '" ' o ~ æ .... 0. Z ...J :'í ~ 0. §i! ~ w ~ ... . ...J ~ o ::Ii z w w '" '" Q « z .... w w ::Ii '" ::Ii ::> 0 .... 0 o w ¡¡: '" · , , , , , I , , , , , , , · · · , · , , , , , , , , , , , , , , , , , · PesUDisease Problems I I I , " , ., : 1-1 I :19:- Lõ: I ~: '1 ~I : 01 ~ - -, I UJI W '9 UJ: : c:: en ..... en I I W « - «' I lÙ ~ wI _I 0> (f) I I() I _ - 00'-1 "0 0 a:: -, '9,....., o °1.....1 -: a:: a:: - - z' -, >-, « ... a::: '9:~: 01 <:-l ..J a. .....,:>, 01 Ü'..J ...J W -, 0' I WIO 0 ø en! a::!~! DIU U &; ~ t-, U, >. ~I w z VI wI ~: zlÖ I- U) :::I W, UP I=>' 0 00 w a:: (f)10:::1 : 0:::1 IX a.. ~: 1-1 0: 1-:0::: a::: D. PruninglCablino Needs ... o w o w w Z (f) W ...J III ë5 .... I C> ¡¡j ~ o z w w èJ ::¡ w '" C> Z ¡¡; ~ ~ '" o , · , · , · , , , , , , , , , , z o ~ o .... (f) w '" ~ '" o C> z Z z :;: .... z ~ o '" o · · · , , , , , , , , , , , , , , , Condition --.-- , , , . , . , , , , , , , , , , , -, , 0' ! ~!- NI N I -,..... : e>: ~ ,1"1 _I Z''''''' 'V '?I ~! ø ~ ....., «. z z -I 0::' - <C ~! z! ~ ~ ::)1 01 a:: u t;! t:! 0 z ::>1 01 ~ ~ 0::' ZI 0 1-1 01 c:: cn UI I U , , , , · , , , , , , , , , o I w ' .... I « , ~I-i en '?: w ~, 9 î! ù'J ....: '" :;II 0. ÙI I en ::r: o w ~ ¡:: (f) w .... I C> ¡¡j I w o z w '" w u. ::¡ ::> o '" 1l Measurements r (f) ::¡ w .... (f) 5 ::> ::¡ ~ ...J W III , , I , I , , , , , , , , , . , , i , I , , , ! , ...., wi w' u.1 NI -, "71 ::!: "'It: UJ """ .... ""' (f) a:::: I >- ~! ~ w: ~ ~! ::> -I ~ BARRIE D. COATE and ASSOCIATES (408) 353-1052 23535 Summit Road Los Cal.or;,CA 95030 I I I i 1 ...~....~....~....f.... , I I I I I I I I I I I , I I , : : I : 1 ___..a____...___~.._...____ I , I I I I I I I I I , I I I i I I I I I I ...+m+····~···+···I·""' , I I I I I I I I I I . I I , I I , I , : J : 1 ¡ ---......~-_.....-~---......--_...~. I I I I I I I I I I I I , L I 1 1 1 ! 2 1 J 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 1 : 1 : 2 1 : I 1 : : : ---..-..-.....----...---- --~....._~_...----..----~--_.........--- 1 I I I I I I I I I : I 1: 1 : : : I III o 16.01 : : : I 35: 30 ,·····I····+..··~·····I...··I····+...· I I I I . , I I I I I . I I I . I I I I I I I I 15.0: : I : : 35: 30 _._--..---_.....__...._._--..-----~--_......._--- I I I I I I I I I I I I I I ! I . ! Plant Name Coast Redwood ................................... Tree # ...J.~j..... '319 I . i , , , .--~----~._-- .-, , , , , , , , , , I I I I I I I I I I I . _.....____~____..._....t..._; I . I I : : ¡ , .+-- , , i . I . I 1 I . ---~--_.~...+---+--- I . I I I ' , , , , , , . , : I : 1 ___ ~._~.a....____...___~ , , , , , , , , , · I . i I I I I ---+...~-.-- ---+---~._., I. I I I I I t 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 I I I I I I I I I I' I I I. I' _.~......_....____ _._......._.a..._ I I I I I I. ! I ! I 2: 1 : 3 j ::: I 1 : ---~_..... .----~---- -_..~...~----~----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 2: 1 I 3 : : I : : : : ___..____......__....____ ___.....__~..t._._~____~___..._~__...._ I 1 I I'" I I · 1 I I I , I I I I I' I I I . I , 17.01 II! : 55 I 25 -----I----+---+----.-----~----+---- , I I , I I I I I I I I I I I I I I I I I I I I 18.01 : : I : 55: 25 ...-...----.....~-_......_..~-----~-~~_......-.- I I I I , I I I I I . I I I I I I I -º9_~~!.~~~_~9_'!.________________ -º9_~~!_~~~_~9.<!.________________ 132 --------~._~. *320 133 --------_..-- *323 2: 1 : 3 J :: : --.~...._I_----~---- --..~...~---- ----1--- 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 1 I 1 : 2 : I::: I : _......__.....____..._... _.._~.__..t____~__..~_._...____..___ 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 . , .4--.-~--- , , , , , , 1901 II J :55:25 -_.:_-~-----I-.....{-----~---~~~_.._+----, I I I I I I I I . . I I I . I I I I I I I I I I 16.0: I j : 145: 20 _____.._........____..t_____.._....~____......____, I I I I I I I I I I I I I I I I I I -º9_~~!.~~~_'Y_~9_'Lm__________ -º9_~~!_~~~_'Y_~9.<!.________________ ____1_~_____ *322 135 --------....- *324 ¡ : J 11 ---,----1---+---'---] I I I I I I I I I I I I I I I I : J I : 2 ___...___..a...__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 1 ¡ 1 j 2 : I:: J I : ..-~----.. .----~.-.. ---- .---4-·--~···- .---_I----~-··, , . I I I I 1 I , I . I . I I , 1 . I I I I I It. I I I I I I I I I I 1 : 2 : 3 ! :::: J : __..._........____...___~ ___.~.._..t____~____~.__....._....___, I I I I I I I I I I I I I' I I I I I !! II! I I I 15.0: ! ! 1 I 25 ! 50 .---..~.---"T"----.,-----~.----~----"T"-..- 1 : 1 : : : I . I I I I I I . . I I 12.0 I I : I I 25 1 45 _____...____......._..4_____..____~.._.__......____ I I . I I I I I . I I I I I I I I ! -º9_~~!_~~~_'Y_~9_'L_________.____ Chinese elm ---_...-.----, 136 _.._~..._----, *325 137 .-..--.------ *326 ¡I' I --~~...-¡---..j.---~--_. 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 = Best. 5 = Worst Page 140116 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 ! I I I 31 3 : 6 1 I: 1 1 1 1 ---~-----I-.__.~---- ---.. .---~-...~----I_---_I----~-.. I I I I I 1 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 3! 3 1 6 1 I I : : I : _._10..--.....----.....-. .___....__...~.__..__.....__.......___...___ I I I 1 I I I I 1 I " I I I I I 1 ! I' I I I I I I (-) # by another survey 15.01 ! ! : 145! 40 ,-.--...---..,..----.,-.~--~----- .----"T"--.- I I I I I I I I I I I I , I I I I , I I I 'I 14.01 I 1 : 35 I 35 -----...--.........-....----- ~..._.._---.....---- I I I I I , I I I I , I I I I -ºb!!'_~~_'!.~!m ____1_~~__.__.Éy~I)J,~~!'_t'!~!:t__________________ *337 140 ---------.... *336 Éy~I)J,~_'!!'_t'!~!:t__________________ Job Name: Valleo Fashion Park Job #: 06-04-104 Date: June 29, 2004 138 --------~._.- *327 """--- P \ --.r: \ Measurements Condition Prunina/Cablina Needs PesVDisease Problems Recommendation, I I I I , I I I I I I I I I' I I I I I I I I ! !! ¡ ¡ !! ¡ ¡ rõ! _! ! ;- BARRIE D COATE: !!!! ¡ tõ! ! ! i:,: ~! ! !! , I -I: : ...!-: I 10 -: : ~ , ,0" '¡¡;- ,-, . 'UJ UJ , ..J M"''I' d ASSOCIATES tü : ~: - : z ~ I , : w: : : a:: C/J I 011(' : II) an UJ U) 0 : -' ~ : 0 I ~!~::: w ~ : >:.: +Z u. ~ Q w : C!) ~ C!) l ¡:: ø _ >- t u.J: : _I 6, U) : 0 ~: :I (408)353-1052 N L- W ~ I- -I Z ~ Z ¡ C!) <: ¡;¡:¡ 0 t: : (f.): -",: I.Q: Ü 0- : :Ew -: £D ;:: éì:)"'-: « 1.0, ¡:: C) - z a::: ø s a:: I-I ,.....' '2 0:::1' 23535 Summit Road ...':;; Üz ct:::æ: .,.!.! ë2 z Z Z 0 z , Wof 0 : o:~: >--: a:: a::: : UJ a::: 0::::' UJ ;:: :::!: - -I - « I- - t 0 I - -I I 1:5:5 '~Q -, r- W - I- _I W I I- L.1J Z rn CIJ I W I a::: 10 I I CI' C(, I .- D:: I I- Los Catos,CA 95030@,t;:5a::t;V)U?1a::1zc:(...JÏUJë(:mw:a.."'!': ~ I 8: ():...J ...J w: ~ Zw no: ~ a:::: >- :IE ~ LU W ~: ::J: 0 a::: t) I- a::: ,,: z: C!) -: 0 I :}g: 0 0 >: w :E .J:.J ~: (/) >I::æ: 1-1 0 II 1-1 ¡:: 0 ~ ~ ~ zl ~ en! z ~¡ 5: ;:: ~: () 0 0::1 tt:: :IE <>:... r-I..!.. ::>1 II « 1-1 ü _0 ex:: >1 OWl - ()I I : ~II- I- WI:::) : en WI I- 01:J C!)' W -.II::JI::t:; >, I...JI Z Wi WI 0, Z, 0 0 Uh I- 0 01 Z :;:! 5: ffi m! ~ m! g: L5! a::! 51 < ~ ~:~]~!~!~! ~ oo! UJ! L51 :)101 0 ~! ~ fd!:l1 c Tree # Plant Name ;::::: : ::¡: I 0 CD: ~ J:: en J:: t;: C) I J: ü ü I ü I ü: 0:::: ü: c.. z: ~: 0: ~: 0::: I 0::: a.. I a.. D::: ~: ~ 141 Evernreen Ash 200::: : 55: 50 3: 3 : 6 I I I : :: :! I: I :: ............. .................................... ..,..¡....+....~ ....¡...··f....+.... ...f····+····~·... ···+···~..··¡····f···~····¡··· ···+···¡····f···+···¡··· ···~····¡····f···~···· I 1 1 1 1 1 1 I 1 1 1 I 1 I 1 1 1 I 1 1 1 1 1 1 1 1 I I 1 I 1 1 1 I 1 I 1 I' 1 1 1 I' 1 I I' I I 1 I' 'I" , , I , , 'I' I 1 , I 'I I I , " "I 1 _.__11?_____ Éy!æ~~~!)_~~b._._______________ ~º.:Qi.___l____J..___l_____L_~§.l_"!º. ~_L__~_l_É._L___ ____L___L___l___l___l___l___ ___l___l____L__l___i___ ___L___I___l___L___ ! 1 ! ! !! !!! !!!!!! !!!!! ! ¡ ! ! 143 E Ash 1301 I , , 1 401 25 4' 3 ' 7 1 I I , I' "" I'" _____________ __y!æ~~~!).______________________ __.:__~----+----~-----¡-----~----+---- -__~----+----~---- ----~---4----¡----~---~----¡--- ---+---¡----~---+---¡--- ---.t----¡----~-~-~--- 1 , I 1 'I 1 1 I ,, 1 , I' I I 1 1 , I : ¡ : :: :: I ::: : I I I I I I I I I : , , 1 " lit 1 1 It' I' I 1 I'" _.__)_1~_____ Éy!æ~~~~_~~b__________________ !?.:Qi____l____J.____l_____t_~§.l_~~_ ,:c!_L_ª_l_?"_L___ ___l___L___l____L___l___l___ ___l___l____t___l__-1___ ___L___l___l_~_L___ ! ! ! ¡ !! !!! l! 1 ! I! !!! II! 1 ! ! 145 E A h 2201 1 , , , 45 I 45 1 I 3 ' 4 ' I I I , 1 1 '" I 1 '1 t I _____________ __y!'"Ja~~_~~___~_________________._ __.:__¡----+----~-----¡-----~----+---- ---¡----+----4---- ----~---.t----¡----~---4----¡--- ---+---¡----~---+---¡--- ---4----¡---+---+--- 1 I 1 1 " I' 1 I I , , 'I'" 'I" 1 I 1 1 I' 1 I 1 I 1 'I 1 1 1 1 1 1 1 1 1 I , 1 1 1 'I 1 1 I I 1 1 1 'I 1 1 , I 1 1 I' 1 r I 'I I 1 " 1 1 1 'I 'I I 1 ____)_1~_____ ÉY~I9~~~~_~~~__________________ !9.:QL___l____L___.l_____L~Ql_~º_ _q_i__~_l_~_J____ ____t__.J___.l___-t___L___l___ ___l___l___l___l___i___ __.J____I____L~_l___ . I I , 1 1 1 I' 1 I I 1 1 1 "I 1 I I' 1 I I I I 1 1 1 1 1 I 'I I 1 1 1 1 1 1 1 I 1 1 , I , I , 1 1 'I 1 I I 1 1 1 "I 1 I 1 1 1 1 ____J_1?_____ Éy!æ~~~~_~~~__________________ !?.:Q¡____!____~-----¡-----~-~§.¡-~º- _q_¡__1_!_g_~____ ---!---~----¡--..~---¡---¡--- ---¡---¡----~-.-¡---¡-- ---4----¡----~-~-4---- ! ! ! ! ¡! !! l !! 1 ! l! II! ¡! ]!! I 1 , , I 1 'I 1 I' 1 I I 1 1 1 I I I I 1 1 1 ____!1~.____ Éy!æ~~_~~_~~~__________________ !g.:Ql____l____J.____l_____t_~Ql_~~_ A.i__~_l_§._J.___ ___l___L___l____L___l___l___ ___l._.l____L___l___l___ ___J____l___l___L___ 1 , , 1 I 1 1 1 1 I' 1 I 1 1 'I I I 1 I 1 1 1 1 , , I 1 I' I lit I 1 I I 1 I' 1 1 1 1 1 I 1 I 1 1 I 1 I , I 1 1 I I I 1 1 , 149 E A h 1801 1 1 r I 55 I 0 5 I 8 1 I'! t 1 . 1 r 1 1 1 1 _____________ __y!æ~~!~___~___________________ __.:__¡----+----J.----¡-----~----+.:'!-- ---~--ª-+----4---- ---+---4----¡-·--~---+---¡--- ---./..-.-¡----¡---+---¡--- ---.t----¡----~---.t---- 1 1 I 1 'I I I I I lit 1 1 I' I I 1 1 I I I : :: ¡ I I J I : : I: I I I : I ::: I 1 1 1 1 I 1 1 1 I 1 1 I I I I" I 1 I' 1 ___J_~º_____ Éy!æ~~!~.~~__________________ !~LQi____l____J.___.l_____L1Ql_~~. ~_i__~_l_?._L___ ___l___L___l___l___l___l___ ___l___L___L__l.__i___ ___L___l___l_~L___ 1 I 1 1 1 1 I I 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 , 1 I 1 1 I I 1 I' 1 I 1 I I I I 1 1 1 1 1 1 1 1 I I I' I 1 , I 1 I I 1 , I I 1 I 1 1 = Best. 5 = Worst Page 15 of 16 (-) # by another survey Job Name: Vallco Fashion Park Job #: 06-04-104 Date: June 29, 2004 --- µ \ ,..Ç. I..,..) Recommendations --.--r , , , , , , - , - 1 I! 1 0 ..J M'I ærr c( I I an > ~I.r o ~ = ~ it: '9 a:: 0 ~ i1 it: !z w 0.. :5 :E ~ D.. :E > ., 8 0 z w ¡¡:¡ i:i II< II< ... z w '" ;! w II< :> t¡ ii: "? ~ w ~ '" is a:: ~ w o ~ ü w .... rn o w o II< a:: 0.. PesVDisease Problems I " , " 1 1 I 1 1-' I 1 ~I iñ¡ ~' .,.!..I I a ~! ¡ ~ u:q 1 w LtiI -16 ~¡ if: ~!(,) D .....: ::::- 0:: z' -I ::::;'<t ::> OJ ..... ..J >, 01 ÜI...J 0101 WIO D::I::>' 01(,) ül >1 ~I wI 01 zl f-o WI Ltil :Jlo ~¡ o! g:¡a:: , , , , , , , , , , , , , , , 1 , 1 , , -, "" " ~, -, ",I ....' ül w' ",I zl -, ~I ~ ¡¡: o ¡¡: 0.. C) Z Z :> a:: 0.. PruninQ/CablinQ Needs r .. '" w '" w w z '" w oJ <II <: ü .... I C) ~ Z W W e; ::;; w a:: C) Z ¡¡; ~ ~ o a:: ü z o ~ o .... '" w a:: ~ ü , , , , , , , , , C) Z Z z Ï .... ~ a:: ü , , , , , , , , , , , , i , , , , , , , , , , , , , , , , , , , , , , , , Condition , , , , , , , , , , , , , , , , , , , , , , , , , I I_I I I 0' : !.....I : : NI N o I I -I..... W : I Ø!.¢ ,,.. f- : _I Z! - '-' <!: I Il), ¡::.' ø Z ::t I.,l.! ~I Z Z - 1 _. I_ I- ï:õl w I I f- LiS (JJ II 0:::' Z, <C ...J w ~I :JI 010::: (,) o I: f-I ¡:::I 0 ~ LiS 1-1 ül Õl ~ :> 0::: ~: :JI zl 0 a.. wI ~I 01 a::: (JJ II (1)1 UI I U '" w !;( ::;; >= '" w .... I C) ¡¡; I w Ü Z w a:: w u. ::;; :> ü a:: " Measurements r ., ::;; w .... '" ~ :;¡ ::;; ~ .... W <II , , , I I , , , , tü: wi u.' , £:!I ~, .: ::!: ...' w w: f- a::' '" w! fu tul ....t. ::;;' .... «! ...J -, :;¡ n, ::;; BARRIE D. COATE and ASSOCIATES (400) 353-1052 23S355ulllm~Road lœGatos¡CA 95030 I 1 x 1 1 1 ...~....+...+...;..." 1 I I I I I I I , , I I I I I I I I I 1 I I ---..----...-~-.....~~-..---- I I I I I I I I I I I ! 1 = Best, 5 = Worst Page 16 of 16 I ¡ 1 1 I ...+...¡....~...+...~... I 1 I 1 I I I I 1 , I 1 I 1 I , " , " , " ---........~ ---- ~--......---...--- , " , " , " 3 I 3 1 6 1 : I ¡ 1 ¡' ............+.......~....... ......~.....~.....+...+...~.... ..., 1 " I I 1 I I I 1 I 1 1 1 ¡ I I 1 I I I I I I I I I 4 1 3 : 7 ~ I: t : 1 1 ---...----.....----..---- -_.....---..~._~...._........_.....~-_..- I I I I I I I I I I 1 I I I I I I I ! I! I I I I , I -- (--) # by another survey I <II '" 17.01 f i I 155145 ,.....¡....+....~.....¡.....~....+.... I I I I I I I 1 I , I I I I I . I I I I I I . 18.0 : 1 : 1 50 I 50 ...... ._~_..........._-_._.._-_....._--_.......--- 1 I I I I 1 I 1 I 1 I I I I ! Plant Name ···J·~J·····r~!!.r;,g¡~!Q·ð~þ.................. ____.!.~L__ Éy!!.r:g,~!!.~_ð~þ__________mm__ Job Name: Vallce Fashion Park Job #: 06-04-104 Date: June 29, 2004 Tree # - IV \ ~ -e:. An Inventory of Trees at u ,ç Vallco Parking Center Project at the Southea~. ~omer of Vallco Expressway and Wolfe Road ~..... '.'. ';'.... . .. .....,. ··:t/t:!) t Photo I - A typical declining elm in parking lot. ~Photo2-A specimen of elm which could be transplanted. Prepared By: Barrie D. Coate, Consulting Arborist June 28, 2004 ('2 ~4 :; An Inventory ofTrees at ,. ,d Val/co Parking Center Project at the Southe&. Jomer of Val/co Expressway and WoKe Road ~ Photo 3 - A damaged elm. .J, Photo 4 - A few of these elms could be transplanted. Prepared By: Barrie D. Coate, Consulting Arboris! June 28. 2004 !2~I.{' An Inventory of Trees a, ".¿ Val/co Parking Center Project at the Southe&.. vomer of Vallco Expressway and Wo~e Road t Photo 5 - Poor Monterey pines in parking lot. <E- Photo 6 - Bark beetle damage. Prepared By: Barrie D. Coate, Consulting Arborist June 28, 2004 /2.-l{7 An Inventory of Trees at ,,,.; Valleo Par1<ing Center Project atthe Southea¡" ~omer of Valleo Expressway and Woffe Road Prepared By: Barrie D. Coate, Consulting Arborist +---1- Photos 7 & 8- Sequoia piteh moth pitch masses. June 28, 2004 (2.~l{ f An Inventory of Trees al."è Valleo Parking Center Project at the Southe&. ..;omer of Vall co Expressway and Wolfe Road t Photo 9 - The landscape at the top of the north facing slope. Prepared By: Barrie D. Coate, Consulting Arborist June 28, 2004 ( .2 -l{ if TREES RELOCATED / \. , £CUETOGRAD!NG I ~ 129 f ~. 131 8 128f:ì27,,12F ~\ /2.2'~," .]20" ',", 133" ~ , .,' 12\ . \!(.;-".I17 (." '1'32' '130 "-'.'\ 126:' 124, '123,.".], ''''118 11.9) A,' ,j . \ , PROPEt<.-ky-UtolE)" - , j l , .., I ;.';i34-"~----------""""-"-~-----'·""-·--------·------:'7"::-~---------·---,,--------+-'¡] 1~5,.!J 35 11' ~ r \ , \ . I~' 9 '5 66 SERVICEDRIVE "~t: r ~ "í N i , ffi' '. _~69_70 1 ~i 4" 36·"18.{·", '----'-,, --ì' "'j "~ , . , -, , \ ' ,',I 16768. -I- :', {113 ~: '1: '; I¡ '~'112-' ~I 61~': d," 1,""111 -, 51 . , \ .. .. 1 ..- t G'~, 4'.. 74"'73 " :1;0 t;< , h'l _.J '77 75 " \ l:fJ;:lil/' ..I ' . 7'6 ' :!09 .. I- I <I 138· " ) 'I' ,108 . ,- '~ ~., 84 \ .', "_ ';;-. : '3 ',.-. "\ ,80 "~1O I J -~ , c ,. . } I 11 . 85' ' ~ ~ 83 82811 05'~' ,'-" , ç15// ·87 -"":'.104 I .., r~ 86 ~\ \ '. _ ~,I\ jl106 ( ~X:' _103, 'I') I "I I, , \ -.-, ..... ~........ , , ~ 88' 139 i.8' OUTE~ROW OF EX T!NG TREEST REMAIN '---- ,/ o ~ o ~ w ~ ~ o ~ u 08 79 78 " ..64 65 6263 . ,59 ,'58 , . 61 .'. 60 52' , ' f~4 J ~5 . so 53 , f,'.. . 46 4:-' ~4 49 ~48 47 38 ,30 . , , )~L EX¡STlNG TREES & SHRUBSI , IN PARKING I.OT REMOVED 37 ~. "'~' 33, 35~ 8 ' ~: ',19' , . . -;-:-.~' '" - "" ' 3 L32-'. '34 ,-..' {, ., ~-- ; ~20 : :21 , , '17 ' '22 : 16' 21 " , , 15 , 29,' 114 -, 28' '13 \ , , , , . . õ \.. " 57 856 96, 43 42 .' 4041 ".. '¡ ~,; 39 . ' '27 , 26 "/., r " ' ,is . 24 12 , -------- An IniVll'Ðr¡OfTœes ÄtTha Vallco Parkllg GeI1terProject , HARRIED.COATE AtThaSootheasl.ComerorVakoE~yAndWDlfeRoad and ASSOCIATES (4OI)35ŸI052 Prepared for: :nmllo.alR.... l.........U,t5O:!O City of Cupertino, Planning Department HORTICUl rURAL CONSULTANT Dale: June29,2004 CONSULTING ARBORJST Job #06-04-104 = ~ PARKWAY VALLCO r- -\ PROPOSED EXISTING TREE TO REMAIN I'KI\ ,()"I IJI \1\11:--'( 1 I! 1- I I~ I \1 ( I \\ I 00 , ' ROSE BOWL TREE REMOVAL pLAN SHEET 12 , W~'", . , , Tree numbers correspond Ioevalualion charts. PJldimensions8ndlree!ocabons areapproximale. '", , ;Va , , , , I<K ~ CU,"OkN'^ . L~t!~;~j_~K ¡'L,r.A<>,",lfr'¡l ~--,~ FASHION PA CUPERTINO. VALLCO " " "' ,"' Perkowitz + Rut" A ~ CHI , ¡ C I 100' ;::;œ \ . ~: 8 D COATE 40S 8581288 08/18/04 12:55pm P. 001 il¡'!:).','1!I"j l(!:,Q I\H ("?('t.:: ,Mrrl,l' D. t:..,,-¡t~ ¡'"'.f'.r"r.. ']',-,: 1 .; r¡¡¡ :Jt,"t- L'~IJ 0::·1 OF flD', AN ANALYSIS OF THE TWENTY -SE VEN TREES WHICH WOULD BE AFFECTED BY PLANNED RECONSTRUCTION AT TilE SOUTIlWEST CORNER OF WOLFE ROAD AND VALLCO PARKWAY VALLCO FASHION PARK Prepared at the Request. of: CiJdy \Vorddl, St::nior Planner City of Cupertino ] ()JO(J Torre Awnu" Cupertino. C/\ 95() 4 Sile Visit by: BalTi¡;;: D. Coalt:: Consulting Arhorist Augu<:t 15, 2004 Jon #P6-()1-' 04A (1- s- r Au~ 18 04 03:29p St.aoe~ Lane 559-277-8932 p.l AN ANAl Y$IS Of THE TWENTY-SEVEN TREES WHICH WOUlD BE AFFECrED BY PlANNED RECONSTRucnON AT THE SOUTHWEST tCRNER 0> WOOl;. r\Co\D MID V~LLCO PM\II.WAY VM.LCO FASHION ~AA!( Assignment On Sunday, August 15,2004, I reviewed the twenty-seven trees that would be affected by planned construction following a visit to the site with Ciddy Wordell, City of Cupertino. Mike Rodey. Valleo Property Manager, and Kirk Ellis of Perkowitz + Ruth Architects. Trees which would be removed by this project arc evergreen ash trees #14-24 and silver dollar gum #25-27 and Monterey pine #21. Trees which would be retained according to the plans provided by Mr. Ellis would include evergreen ash trees # 1-13. Summary The majority of trees On site are evergreen ash (Fraxinus uhdci). They mnge between 14 inch and 28 inch trunk diameter. The two street trees on Vallco Parkway are small in stature and very poor health due to restricted soil space. The trees along Wolfe Road in turf range betwœn 14 inch and 29 inch diameter and are for the most part in good health. Thl-ose trees are planned to be retained. Everb'Teen ash trel-OS which are in the mounded area between the Wolfc Road planting ami the adjacent parking lot, trees #14-24 also range between 14 inch diameter and 26 inch diameter. They would be removed. All ofthcsc evergreen ash along Wolfe Road r.mge between 55 and 70 fcct in height with branch spreads from 20 to 40 lèct. Since access to light determines the direction of domÎnant branch growth, of course the west exposure {lver Wolfe Road encourages these trees to grow out over WoUè Road SO they are disproportionately branched in that direetion. I>iscussion Evergreen ash (Fraxinus uhdel) has a genetic defÌOèt which is common to all specimens whether they arc relatively good or relatively poor in structure. Even the best of them produce co-dominant joint~, a phenomenon which rcsult~ in bark growing between major upright limbs. In a weak wooded tree such a~ this that dclèct creates a high vulnembility to limb breakage. A II of the specimens herc have this defect to a greater or lesser degree and it has rcsultcd in limb drop over the years from virtually every specimen. I am told that aftcr cvery slonn therc will be limhs on thc ground ovcr Wolfe Road and over thc parking lot. PREPARED BY: BARRIE D. COATE. CONSULTING ARSæIST AUGUST 15. 20().1 (1- fol B D COATE 408 8581288 08/18/04 12:SSpm P. ØØ8 ~¡-, Í</2DC~ 1(¡: .~<¡ ~ i"P..r:tI: F¡ ~dF' 1', (:ç,;¡t", _A~5·-"C:. TO: 'J ~O~ :::~,:1-) nil PI ¡W:! 01<' Co\1.':> AN ANALYSIS OF THE TWENTY-SEVEN TREES WHICH WOUlD BE AFFECTED BY PlANNED RECONSTRUCTION AT THE SOUTHWEST 2 CORNER OF WOLFE ROAD AND VAlLCO PARKWAY VALLCO FASHION PARK Two of the specimens (#8 and 23) have had major limbs rip out of them recently, leaving large decay sites in the trunk. !\s these trees mature the 1ikclihood of branch or 1imb drop and the cost for annual pruning \,Vj]] increase. Unfortunately there is nc' way that a geod arborist e,u\ reduce the propc~lsity of this species to cause the problem so this problem is not a question of good or poor pnming but a quc~tion of genetic chaf'd.cterl. /\,.t1 additional characteristic oftl1is species is the production of large, shal10w roots2, The trees which are scheduled for preservation are directly adjacent 10 thi;': existing walkway, and have produced roots beneath that pavement. Rel:ommendati.ons In my opinion. the loss of the tt:n large evergreen ash and on~ large Monterey pine is more an opportunity to reduce uncontrollable cost lor tree maintenance while reducing the Iike1ihood of injury to persons or property by those trees removal. In my opinion, there are addit;onallroc5 along Wolfe Road and Vallco Parkway which should be removed as well. In deed. ¡fit were acceptable to remove all thirteen evergreen ash lwo of which are street trees on Valleo Parkway and the others are the large trees in the turt'adjacent 10 the Vallco Parkway sidewalk an opportunity would be provided to replace these troublesome expensive trees with one or more species of ash which wou1d not become quite as large, would not have the same structural defec'!s but would retain suftìcient continuity of texture and overall appearance that they would hlend with the remaining evergreen ash on Wolfe Road. If the trees closest to Wolfe Road are to be ret"ined! Iflhe trees 011 Vàl1eo Parkway and dosest to Wolfe Road arc to be retained, at the very leaort I strongly recommend removal of three o!'them (street tree #2, and trees along Wolfe Road #5 and 8) due to structural defect$ which are even more severe than the ba1.ance of the specimens. Further, ( recommend the installation of eahles in six of those trees to prevent the worst of the codominant ortructures from splitting apart. The trees are also displacing pavement and the evidence ofLhat is the neeos.<ity to grind pavement near several of these trees demonstrating that they are causing damage. - - .._._..~--_...__._~-_..__. .... I E'taluabon of Ha7J1rd trees ín Urban Areas, ISA p 81 .1 Redudng Infrastructure Damage by Trees,. Coote:!lo & Jones, roSA, p 12 PREPARED BY: BARR lED. COATE, CONSULTING ARBOP,IST AUGUST 15, 2004 (1- J 3 8 D COATE 408 3531238 08/18/04 12:55pm P. 004 a/1?,¡;_'GrH ID:~P 111'1 FR.\.«: ß;'Jrd ~ Q, C:"J;¡t.¡> _}l.srJor:. r(': J ~¡¡A 3,~3-1ní:l D04 OF no:¡ AN ANAL YsrS OF THE TWENTY-SEVEN TREES 'MilCH WOUlD BE AFFECTm BY PlANNED RECONS'mUC"TION AT THE SOUTHWEST 3 CORNER OF WOLFE ROAD AND VAllCO PARKWAY VALLCO FASHION PARK Tl"Ce/Constnleüon Conflict It is my understanding the new project would install a new walkway more or less in the location ofihe existing sidewalk. This would involve an 18 inch deep cut at the wegtern margin of the existing pavement. This w()uld cause them to be potentially unstab1e, assuming that it would requ1rc cutting of several large buttress roots from each treeJ. It should be understood that if the existing paving is removed there will be a dense layer of roots directly beneath as is ob_;ous Ii-om the root dmnage caused by some of these trees. Ifthose rooLs are not removed they will vOlY quickly recreate the pavement displacement already seen but on the other hand if they are removed they will increase the potential for these tre(':s tà.JJ1ng over. Alternative option:'> to severe root eutting of retained trees. ]. Remove existing pavement. cut roots in the base rock íf there are additíonallarge roots below, and install rubber sidewalks'. This pavement can be pulled up in small patches, individual rooL, ground out and the surtace replaced. Cost for repair of pavement would he vastly reduced. 2. l..ay a n~w sidewalk over the existing sidewalk. That would preclude the neces~ity to remove the existing pa\lcment and damage those roots but it would certainly not prevent tho~;c root!-l from continuing to raise the new pavement. This conflict between the necessity to install new pavement without damaging the existing trees hut still attempting to prevent n..1>caied pavement damage would be another reason to consider removal of these troublesome trees and replacing them with other fast growing ash or other species which would become large enough to provide the shade needed here but not cause the same degree of pavement displacement problems seen herc. Recommended Replacement Species for Vallco Expressway and Wolfe Road . Street Trees for Valleo Expressway A species is needed which will become large enough to provide scale but not break paven1cnt. ¡ sugge!<t that. tree openings in the sidewalks be 3'xIO' and 3' deep with the space filled with Urban Tree Soil'. This will prevent root damage to pavement. ._..__ _·..____··___·___....".u·__ ---..--..- J Reducing Infrastruçt.urc Dn.mage bv Tree ROlit" I). 16 «. .. ., Reducing Tnfrastruçturc Dam:Jgc by Tree Rools, p. 91,98,99,57 :! Ubnn Tree Soi1 PREPARED BY: BARRIE D. COATE. CONSULTNGARBORIST AUGUST 15. 2004 (2 - S-'f 8 D COATE 408 3581288 08/18/04 12õS5pm P. Ø0S FIllA /:'iJD~ 1 ¡¡: ~Jq lIf1 õ'R[~r. B,~I·,·j f' j). ':-:,~tl~_'" _"''''~t:'Ic. 10: 1 HI8 3~d~ 12:\~ s: DCS OF íH)~, AN ANALYSts OF TI-I: TWE::NTY-'$EVEN TREES VllHICH WOULD BE AFFECTED BY PLANNED RECONSTRUCTION AT THE SOUTHIlllEST 4 CORNER OF WOLFE Re,II.D AND VAlLCe PAAKWAY VALLce FASHION PARK Tristania conferla, Brisbane box 30' tall, ] 5' spread. Handsome f(,liage, evergreen, fast growing. Plant 24" box specimens, cost installed $370-$440 each installed. Plawnu" acerifolw 'Columbia' - Columbia plane trce To 45' tan, 10' spread, deciduous, fast growing. Plant 24" box or equivalent ban and burlap trees. cost $370-$440 eaeh installed. . For Use in TU1f Adjacent to Wolfe Road If the existing evergreen ash trees arc removed any of the fo1towing would produce large trccs hut without the frequent pruning requirements of the existing trces and without pavement dama.ge jf a 2 foot deep root balTier lS jn~alkd at the margin of the :::idcwalk. Fraxinw:; americana <Autumn Purple' 'Autumn Purple' American ash is a well-formed tree without the structural prohlems inherent with evergreen ash. To 45' ta.l1, ~O' spread. Fa~.! Tums lavender and pink in October, then to dark. red in Novemher. 48" b()xed specimens would cost $2,125 each instaned. They would hav~ to be grown on contract in Californìa or purchased În winter as ball and burlap specimens !Tom Oregon. Plants equivalent to 4W' hoxed specimens would cost $700 insta11ed in February. Frar..:inu..<:; penns..vlvanica 'Patmore' 'Patmore' green ash is similar inl"Onn and summer foliage to 'Autumn Purple' ash but tums yellow in fall. Respectfully submitted, Ranie D. Coate BDClsl Encls. PREPARED BY: BARRIE D. COATE, CONSULTING ARBOR 1ST AUGUST 15, 2004 (;}- )5 !I.. (]) N t') o .... o ro ~ u :J a: Job Name: Valloo Job #: 06-04-104A Date: Aug. 15, 2004 Trees to be Retained according to L. P. Plan 1 = Best, 5 = Worst Page 1 or 4 OJ ¡: I\ ...J J1 OJ o I\ " II) N t') (]) ro I r- r- N I (]) 1I) 1I) N !I.. Measurements Condition Prunlna/Cablino Needs PesUDlsease Problem Rooomm.ndatlons I . I í I ~, , I ' I· ! I . I "I' I I I I I ~ I- I I I I ; 1...-, I I I ì " I I I ' zl I I I I' 11/')1 I , r I I I I I I I I I [ .. I I I íÕl I I I I I I I ,~o' Wul , 1 I '¡r[ I I " I, I 1'_1 I I I I I I I I ,.... ......... I .....1 I.J I BARRIE D. COATE I-w' I I! I' 1"';"I~wl ,zl 11-'1 Iv;> WI' I_I ;;1 1'<I'1..¡ t I I N I N lr I I I I T"" I en I It') I VI I _ ~ d A SOCI TES w, I' I 0 I I ~I r I I ° I ,:I: I ,~ « I I" WI> . , an S A ~ i I I ~ ß J ~ 1 J ~ i i ~ I ø I ¡:: I !2 "'! ~ I ~ ~I"?"i ~i ú) ~ i ! ~ i ~ I 14œl3SJ1œZ "';" I I LL ~I« i"?I¡:: CJ ::;1~'~oICJ'~lfiJlæ '15 "l ::;'1~lf ~'ZI~IO::OI v ::¡;, , . N ' :::;: ,r , Z 0 z 1 Z, I I 0 :::.1 >- I - 0:: I W 1 1_ ¡¡j¡SSINII.U..d @,~I ¡ i @) ~ ¡:: íñ"11;;;ië:il~ ~1~11i>11!2I~dDlæ "?"I~ olðl~l~ ~1~i~IŒI LO!c,,¡",cu;œo "I (I) i ! I" fß I fß t, g¡ I ~ II" Q.jl ~ I' ~ I' ë:i 1 W 1 ~ i Q. :::'1 0 81 WIl-l z 0 ' 1-1 W -II WI~, , IW la 11-1-00 Iwl (!)(I)I" >¡aIZ'æw WI:I'<I t¡jl..!.j ¡It¡¡ 1;:1« ~Iul!::'e: ",~ ~'~I>lfß ~ I- () > ~ WICI. a "1:11>1 II- ·'W...J :J'al~ 01:;::':;::1:>,0...J Z u W 0 z::E :J:J 010 ~i...J, :¡:II :¡: ~ ~I" « "izl enlololo'::ï:!ml:J ~Iw «':J1~!1-8 ...J1t;IIU!:& _,:J, m al, _ W Q. Wlt-,O '" ((,e: W " I" W 11:1 U _ W WI Tree # Plant Name Q I ::¡; i 0 I a lOX i II) :¡: I en 1 () i ~; ó i u r u CI::! ð a.. ~ I I- d i ~ i ¡¡: I It: Z i a: i II: i 0:: I ._____1...___ g~~!Æ~~~_~~~____.____.._______ .ª,º-L-¡o..-j...-.p..t-?-q.l~.º ·?L~P¡·· .--L-I----L ·-·j...-11... .--LTJ-·J! ft·~· ---1".T.l2Ü-~.L- Fraxinus uhdei í : ! Iii i 1 ¡ ¡ i,ll, Iii -..._.3...... ~~~!.9!~~~.~~.............m.. !·q··ºj·...f...+··.. -~.1·!.?·q+1-~ .Lj--~-t-?+-- ..·I··..I..++--1..1. --- "+-+·+"I-~t··· .tl..+~t-!·..o. ------~-..... É~~!j¡!~~~.~~~____..._____.____ ?-~,ºj----f-·---t----- -~·~-¡-~~·~~º -!·j·~-f·~+· ·-+--I--+--f'--P-J·-- ..++.-j---. .1t--- -ª- --+..t-·+·· _._.__~.._m ~y~!.9~~~~.~~t!......._......... ~·q'ºj·..·f···..t--·..I-~·I·~-q·f~º -!·!--~-f-!t-·· --·j···+"·f·--f·"1-·~-I·-- --+--t--+--¡---t--- .ª.¡..+-+-+... -"-. -~...... ~y~!.9~~~_~~h...__...m______ 1-~,Qj--+---+-m1-)-~-¡·?-q·f~·Q -ª-j-~-f.!.t... ·--I--··I··+-+-+-+-· ·+·+·· ..··I·..f··· .t ··+~t·!.t--- ------~-.---- Éy!!!.a!~~~_~~~....____________.. 1-ª,ºLJ..._L..L~t _?q.~~º .q.~.¡_~.L X -..-I'---1.-1...L.I¡I... ___L.L.L.-'___L_ ---L.¡.~L?t--- I Ii! I I! I ' i ¡ i i ill ¡I! ¡ .__J..... Éy~.r.9!~~~_~~~..m............. !.tºj..--I·...·t·....p·\?-~- 30 ·\-~-f-!t··- '''1""''¡-'+'' ···F·lm --+·+--j----f-~f... ·?· ..+··t--+- .--.. _!!.m.. É~!!.r.9~~~~.~~~_____________.____ ?-~'Q1·-+----+-··--j·~-~-f-?-q- 40 -q·~·I-~~··· ...i---- ..--f-.-L- '--··rl... mtl ..J"II·~-¡...tm .tj----k+-!.J.... , i' i !! I I, I I Ii, I, i i ....._~.m.. ~y~r.9!~~~.~~~m....m.m.m ?q,ºj.... m·+·"I-??·'-~gyº '!'!'~'f-!f--- ··+..1--- .+..p.J... ·-+-+--j---·I---t--· -1.1,,++,+-- --.- - _19...... Éy~!.a!~~~.~~~m______m..m_ 1.~,ºj...-¡m--t··---P-Qf-~-P·~ .!+~-f-!f... ·~+..+...t--++-+- --+·-i--·+"I·~t... ... ..+-·t---i·... --.---.----..- m_______________.....___...______ .....L.L_.J....J....!..ml.._ ...]...J...1... ...L.L1..L_L.1... ...1...1...1....L1... ...L.L..1...J.... ~ I <::-I ---- !L (1) N (» o "" o ex¡ ~ U :J 0: Job Name: VaIJco Job #: 06-04·104A Date: Aug. 15, 2004 Trees to be Retained according to l. P. Plan 1 = Best, 5 = Worst Page 2 of 4 Q¡ I: I\ ...J 11 Q¡ o I\ " UJ N (» (1) ex¡ 1 r- r- N 1 (1) lIJ lIJ (» !L Measurements Condition Nnds est/Disease Problem Rtcomm.nd.~on. " I· , ' I I I I ' I I I I , I 1 I I '- I I '" I I I I r-I t 1_ 1 I I I I I I I Zr r 11,()1 f I _I ' ' , I 'I I! ~ r I -! W 1 I I 'I I ,!. r ¡ I I ~ I I _: I I I 1 0 I 0 I I _ I -I I I I .... I I.J I I BARRIE D. COATE (¡jll I I I I l';"i~WI zl IJ ,"7 "wi i I_I ~! icel::?! wi ,I I '1"'1'" 0:1 01 IJ:I'~ (I), I 1"71 (/), 1>1-1 and ASSOCIATES "-I ! II- 010 1 IØI'i" CDI ¡:::I t'J !):" 'ILSI I!~ !!I '01>, N I I w w I ~ ! I z I :!. :< I c> I - I 'It, I- CI) I ~I iñr ",I iii ëñ I I II! I !:: 14œ)3S3-\OS2 ;;:1 I ¡ ~ ~I « I' 0"1 ¡::: t'J :;1 ~ ;? t'J ~! @!ëi:51";'1 i.1 ~ i: ~I zl::ll 0:01 ...:; , , :;' :; ~ I Z 0 Z 01 Z I' I 0 I '::'1 >- I :Ii 0: I w' ,_ I ¡¡s¡¡SUlllnrtR"d@lwl-ll " ~ ¡:::i ¡::: iñ¡I;:;;-I;? ~¡::: !.fJ I z! ~II fi21 ~I fij I ëi: ú7F I OJ' ;'1;1 «I ~ « II ::sl 0z ¡ !!= I l ~~ C· q" I, (/) I (I) , 0:' Z I ~ I J: I w, <:(' I W 0.. ~ I:S:: 8 ~ c - m ...' ,- "~". ,.""~ 0: I(/) 1 ! 0: wi w ::.I:;:¡ I 0 I 0..11-1 0: I 0: I w, Z -, 0, W f- I 2 0 1-1 w I .J W, ~ I I W '0 J:II-I ¡:::' 0 0 I I W (I)' t'J (f 0:1510, 21 æ WI W II! c( 1-1 'r, I f- I U I - I 0: 0:, t > W I Z I- U :> ~ I Wo..O I 0: I II! I > ~15 III I ~ ~I~ ;;!!~I~I~ ~11!:~r~ glffii~ ~1¡¡j!~li~!~if- 3¡()~18Iil -,::> CD CD,~Wo..uJ'I-'O 0: 0: 0: W <:(0: o:lWo: I U_W Tree # Plant Name 0 I :; 0 I 0' 0 I I (/) J:' (/) I U I ~ I U I u u 0: I () 0.. Z I f- I 0 I- I;¡: ~ zo..o: I ::! I ~....1J..,,"1 ~¥~.~!~xQ..ð.~Þ.................. f.tQ~."..t....l~....J.f.~ll.§.~.l~.~ .1.l.~~......1... ... ....L...i...t' ...1..... .... ...r! ...J.... ...J.f:.l.... .i.~....L...l...I... . I It.. 1. I I I . I I t . I: I I I I J '.00._11...... s'!~r:e[~.!!~.~~!L_m___...____.. ---,.-.. .---~---L..- ._~.tl... , ., , , -_____E..... Sy~_r:e~~_e.~.~~~m...._......_... í'- h C'/ '-- !L o I') I') o ... o CD ~ lO ::J a: ( C IQ .J :n ( o IQ " <J) N I') (1) CD I ['- ['- N I (1) LI1 LI1 ... !L Job Name: Vallco Job #: 06·04-' 04A Date: A~g. 15. 2004 Trees 10 be Removed according to L. P. Plan 1 = Best, 5 = Worst Page 30f4 Measurements Condition PrunlnalCabling Needs est/Disease Problem R.comm.ndalions I I I I I I: I ;-'; I I I I I! I !: 'I I 'I ' I I j I I I! 1-. I I' I I _I I I I I I I I I I f I Z I j ¡ I I I -? I I J îi)1 I I I : I' I I I I I ~ol ow: I I I I _ I'l"'""l I 1 d 1 '_I BARRIEDCOATE ' I' 1 ' '" ',-" ,~ ,. I ~I ..J'''l' , tu: ¡ ! I '¡ I or;- - w I z !)- I ¡ "'? ¡ w! ¡ I _I 00 : « l ~! ~ wi , " I N, N c:: 101 ,];1 I'- , , I I.", ill 1>-1 and ASSOCIATES u.1 i i I tü 0 I ß I (;"1:¡:!11 1 ¡:: 1 I Q I '!t 1;:- 1 ~ I I ~I ::.1 ~ !:: I ¡ ~ ~ I ~ I ¡ , I ill W If- 1 ~I z I ~ "" ø 1 <i I I w I !!:: I (/)' ~I '? 1 W! "I tIJ I I.. - (4œ135J.11J52 '";": I j u. 1-, <C 1 '?' ¡::: ø ..J :!: 1 00:: I ø ~ ß CI: : ã I '? I ::.1 ~ I ::. ~ I Z I::! g ...·::EI I", ¡:æ: I~I ,z 0 Z Z 10 I ::. >-::¡ CI:'WI _' m¡¡¡um.Uad4@!!:'I11 @ ~I ¡:: ;¡)I ~I ~III-~- Wo.. :!:I Iii I' ~I Ozl ßI" "?I ¡¡;I 01 O<il 0<1 ~ <il ~¡ Cz 11:0..'1' '~I . ~IC/) ""Iz ];IW <il 'W'o. .-IS'O' I - cñ"l l05Gd1.05,CA9>01O Cl:1!:,?, 10:: fJ3lw ~I:::J 0] 0.. I- 0::1CI: Wlzl ~'OIOIW I-:~ oll-IW..JI WI r 1 , w ~I 1 - Q 0 1 1 WI ø tIJ I a:: I [' 0 Z 1 ~ wi w,:IE c( I tül~1 I tü t;:1~ ~[t3 !::'CI:" ¡¡; ~I;¡;I>læl:!: Ho;¡::.: WI&: 010::1:11:>1 I- 1 - uJ..J 1 c'~ c S ~,S:' 0 ..J z 0 wi zl :;¡ :::J:::JI 0 0 ~I..J ]; rl::; !2" <i ~IZ! tIJ)olo,ol::E all::¡ WC/)lw·91::¡1~!8f-..J I-olu!=el¡ ::!o'::¡ aJ CD ~ w'n. Uj'f-'Ol <i a:: Cl:10:: W <i 0:: 0:: Ùl1a:: ul_ Iw Tree # Plant Name 6 i ::E ¡co! c ]; I tIJ :i i CI)! 0 I J: 1 C) I 0 i C) I 0:: C) 0.. Z I Ji Q I ~ i ~ i Ir i i a: i ¡! i II:: j ..... "111~.."... ÉY~.~~~.E!Q.ð!Þuu ................. !.Q;,Q~....~.....T.....fJ.Q.T¡ J.~.t 'j'- J.~ .1.!. ~.~. ~l.... ···~····l····l.··+··.J····J··· ...~...~.n Ln·J···tl ... ...11··.. J '~i! ...~... : ill Iii ¡¡I I I ; I I ¡ ¡ I I ..____~L_.. £y~~~~!~.~~~------...........- !·~'ºj···+····t·m·I·J-~·f·~·~·f~-º -!.j--~-f-~r- ...j...·I··..f·+··j...-I·.. ·-+--t--·j--··¡··-t-·· ... ..+-+-+.- , , , , 'I "I "! I I I"! I ¡" I -----.!?..... ~y~!.a!~_~~.~~~_.......__....____ ?~'ºj--+m-t-----F·~-I-~º-P-º J·I-~+~i··· ·--j-..·I·--r-t--t---I--- -·-t-+·· ··..f··-t··· --r--I..·t..·t·-· .----y----- £y~!.a~~!~_~~~__________m.____ ?-ºä._.l...._+..__.L?1.1.?~.~~º .!.I.~.~.~.L._ ---L_I....L.l...L.J.._ ...1.__1...L_I___L_ __.I....l._.1_..1... It; i !; ¡ j ¡ I ¡I! I r J ¡ ¡¡I! ._.___!L... ~y~.r.a!~!!~.~~~____.............. ?!,ºjm-¡"'--ìt.....P.q-?º-~!º -1-PT-l.~TI--- -.. ...-¡....~--. It' ...jm. .._ ..-+---Lj....!...!... ...1...-[-..+---+--. ! I r I t ¡ ! I I I Ii! ! I I I _____Jt...- £y~!.a~~!~_~~!t_________________ !~,ºj--+--+----F-~- .?-º-~~-~ ·!·I·?+~f... ·+---/--+-+·+--1--· -+.. ..··I·---I--·t--- ---!----f·..f---t-·- .__J.9...... ~y~!;¡~~!!ry.ð~~......m......... ?·~'ºj·"'f"·+-"+~·?Y·ºfº -q--~-¡-~+.- ---1..+.+-++.- --. ·..f--·t·--j---- -~-t--- -.++-+-+-- _____J.L___ ~?D!~!f 1.~i!'_~.______m______.. ?-~,ºL-f..-··!----·¡-~-~-¡-§.Q·f!~ 1 --do?- !t... ... ·...I···L- ---~----¡... ---!--+-.j.-+.-t' on mL'¡'__~n_+... Pinus radiala 1 , I ¡Ii ! 1 I 1 j i ill! j I ! I ...__J.?...._ £y~~!~~~.ð~~...____..._...___ ?-~,ºi··+...+...¡·?~·I·~·º·f~º .tl-~+:1.f... ___j__--/-__;l_+.+--/-_. -·++.. ...-I---t--- ---I....f... 1-.+.- ..____~Lm ~y~.r.a!~!!~.~~~..____.......m.. ~.q..ºj....¡...nTI-m.j.~-I-?-~-lr,~-~ -LJ-:'!J?-+--- ... !¡I... ¡.L.·f...+..l..L. ...+...+---1----[1-.-+... _..j....¡.~+___+m I I 1 r r r I I i I I I ¡ I I I I I r I I I ~ \ c--I - !L o (') (') o "" o CD - U :J a:: CII C IV ...J J1 CII o IV " (J) (\J (') (]) '" I r- r- (\J I (]) 1I1 1I1 1I1 !L Condition Pruning/Cabling Needs 'est/DIsease Problem Rocommo""auons f ; I ...JI 'I J I : I j; 'I I I I I ] I I I I 1-. I I I _' I I I I 1 I I j z' 'I I 1 1"'1 I 'I ~I I I I ' ~ wI I I I I I I " 1 1 I "?I " I' ¡' 01 01 I I I - " ~I' , , ~, I ,I ¡;¡-I J -r-I Wi I U) r I _I -.1", I I f I I (j¡ ~ "II ,II ~I ¡ ~j t ! ~I I j~! æl I ~¡~! ala , I I~ m -I lø I~ l¡¡jl , ,~ ~' 101>, WI W I I c.9z I 'V -.: I fn; -~ I j - I - I I ,^ I I ~I UJ I _ -I ~ r t- ~ ..-." I ~ I V I . I _ w -I'Y, ~ CI) I f l1li: - ~I~ 1"?1~lø ...JI~lo øl~Ißro: rël"?I~'~I~ ~IZI~lo~1 :EI:! ~: z c z ~I I 10 __ I ~ >1 ~ rt'1 wI I ¡ -'F ~IWI~IF wlz'~Iv;loIßI-O: ", Z~lol~1 ~I ~z ~.~ o æ, I-:,^ lC> ~ a.'I-IV~ -IZI 1 'I I () Q _ m1o::( zlo.l V;lw ~)O:IZ ~ a. J:lwl~'Wlw a. ~ 'glw IZ 1~lwl...J1 wI ~ ~Iº 01~IO:I~lwIZjø v;10:' laJ~I~ a'wl~'~ ~I~ ~Ibl~,ê 0: ~¡~I~I>læ Z ~ ol~ ~r~l~ ~IO:I:E!>I ~ w ~'Ol~ OIS,S'SIOI Iz OIW'~IZI~1 ~ ~'OIO' ~Io: ~IO:¡ZI ~ OIOI[OI::õ,ffil~ miwi ~i~'~8 ...J!ÖIU :&1 w,a. WI~IOI 10:10: 0: wl~ 0: Z 0: '0:1<' 01_ Wi wI X (J) J: (J) 0 010 0 0:10 a. _ ~ C ~ a. œ z a. ~'o: '¡. I' I I'" I l' f ' IJ,:tQ~····r··..·+··..·i··1·~·J·?·Q·rfl~ ·!.l..~·r·~·-r""· ...,....l····~···tl ···1'···· ... ... f ...1... ····f···J.··· ...!....r...+...~.... I I 1 I I 1 I ,!. ! I I , I 5' , 'I I ' ' ' !.~'Qj.mf··mt-m+-LI-~-~-t~-º .~.:-1-t·~ ... ··-J..T-hr--- -'T-- --- --+'-i--'- ....¡.+.. --. ---.' -.-t--- ... , , , " I ¡II' 'I' '" tq,ºj,--+-m+--·-·¡..1·Q·f,~,~,,¡~·Q .1.p.¡.:q.._ --+--1-___1 notonjm_II... m m~.... ..__'___ m --.j....l.-+..jm. I . I, . I I .L . , 1 J I I " " ±---·f~-¡·~·qfº -LPf-t-·- -.- "-±-+-"1---j----¡--- ---rt--+-·¡-+-- "'I"-±-+-+-- ._~~"."... g¥~!Jl~~!Q.ð§Þ.. __~?..m ~i!Y~U?£I!~Lº~.~__.. Euca Ius 0 anthemos __~?___m ~.!Y~_I?£I!~!.2Y_1!] 27 Silver Dollar Gum ~---~ -.. ... .... ....... .~_. ...~~...... Job Name: Vallco Job #: 06-04-104A Dale: Aug. 15, 2004 i 14.01 ..~.(.. I Trees 10 be Removed according to L P. Plan 1 = Best, 5 = Worst Page 4 014 Tree # Plan Name BARRIE D, CDAn and ASSOCIA TES (4CØ1353- lib2 ¡J535S"".~ Road Los Galos,C~ ~5030 Measurements i I I I , , , , , , , , , , , [jj! I w' I lL! I I- NI I tl:I ;:::¡ I I ~I LL "it I I ~ @!~! I lW cr I CI) r I 0:: WI >-1 I ! w r- I tJ? I I r- w'~1 I ,W ~!...J, J:I I:I~ _I:::q ccj 0::11 _ cL::õ; 0L ci 0 <;r-- h l '" ......... " (0 - - ... (0 '" - .. " a: Tree numbers corresp:md to e'Valuation AI dimensions and free Iocatioos ...,....._.....,..¡,..,,,t... HORTICULTURAL CONSULTANTS CONSULTING ARBORISTS marts, Dale: '"it 15,2004 Job J 06-04- I04A Scale: ~40' - BARRIE D. COATE and ASSOCIAHS ¡")I )!)-I(I5:t unHl..UIIIII lof.CH:,CA"DO Cupertino Wolfe Road & Valko Park....!, VaU", Faslion Par'< W t- o: o U Q m Planned ReoonWtiction at the Sou1hwesl Comer of '" c " ". '" o " " "' 2 1 · 115 is · 14 . 26 . 27 M AIIalysis of 27 rrees ""ich Would be AlIecIed by ro (1) N "" (1) to (1) ro " " ~, l '" , r- r- '" , co IIJ IIJ - .... " "" " .. E 0. to to N "" " " ... ro "" ... ro " ;:'..70' , - N Sidewalk Wolfe Road Sidewalk 3 4 S 6 7 8 9 10 11 12 13 \ - - - - - y Turf --'- . . . . . , . . ~I ~ - - - - - - - - - - - - - - . . . . . . . L . " ,I - - - - - ~. '16 17 18 19 20 21 22 2S 24 'C:::, ~ \ C'/ "-- TYee 5u.Yv4tY of ~ ì +reE'~;Vo.l'c.l) Ce~'t B-I6"-o1f by B. Coø..~ Tyee ~ I Tt'ees 3-13 Ð"'- ~~-t Ty~ t7-;llf€>1I\ V"\i~-t Tree#"2 - fj:"'- ~;:,:,{ 'f<." pt-"o)C \: """\t.!l .,f tyrì ca1 \'"DOt- b&Lth·~:,,>c; ø"1'-t-!-@e}' 3- /3 TO s~de wø.lk { 2- -{p { , ~t.~ .1<~ \i., .. .:. T"".e:Ft4 Y1ph' tll\dL\.ðf:>ð bcu- k .,. ,te-5o. Tyee #=5 0.. reo r s'-h-..c...t-I.(.~ Tk~s- h..-~ WocÚ.tA be. Lost- +/JI ~ e...:h-y Jh"tle t Yee ~6 Yl-O te... t-l.a.-t L-~..1? b....a \Q. v........-r <D-f +""~> ·ty-ee t-"'- ì '7 yc9lLV'. HtV~lO.\el{tdo..u.l<Lge by T ye e :t:F7 1:1-& L Tyee ~7 V1ot-e ì...dLlJed bar'" "7'\ te.. Tyee'ftB..rL ~o1-e Tt'"It. ~ de. fe.c..r-rrøw< 3LEJ I t Tn~~·9 w~ 1\ K"'e-J d cfl.J,l~ -rÐ r}-elle~t- LfMolh b t""~lL"'~f> PltveMol&I...-t cL lI.~afe .\>'( TYee. #'0 ) !:J..-¡p 3 T" rê(.> "tt 11 ) It oie. ì ac.f ~de& b«rk sì-ks- faVeMWvti-dd1M.a..g<.> by Trt?t'~~ T.-ee:#-,~ rlO~ ì.du&@.J bar-\<; 9oiie.~. T,....ee it-/3 !2-íL( T r~ .:tt /4 Tyee1t/6 øll\E' ~ the blè 1;h~(:- .~:/ r~c~ lolL e&t.?" TreeWï5 TyeQS 17-X1, se.e", frolA{ t-he €lJl5 -f. (1-&J T r~# 17 V)o1-~ lrtd Il.dert bø. -'\ç 5~t-e... T t'ee 1þ IS v1.Ð te l(ckdeJ ~/J.rk "J,'te TYE-e~'9 W ~t~ p~., e 21 ì \A. Tke. bítC"'~r-o\.t..V\d T1:"~e ff'-2.D w ~i-4 r ì",e.. 21 ì \^. b a.vk: ~rc)lA.lI\d. I ( :L -(i~ T tree.> '2.5 -?.7 T yee-V27 whe.....e G. codtlw..;t.ta.c.t't- leAd€%'. 9J~' ~+ 0 1Lf-, alAe! CL \.Ùc:t-i--e.r->rr-(}j- b\'"o k.e øTI-. ('L~~7 Typical Structural Failure Due To Included Bark Between Trunk And Limb of Coast Live Oak <""". Prepared by: Barrie D. Coate q Associates $ Horticultural Consultants ~ (408) 353-1052 23535 Summit Road Los Gatos, CA 95033 /2-& f CUPEIQ1NO Agenda Item No._ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Departrnent Summary Agenda Date: September 20, 2004 Application: U-2004-10, ASA-2004-14, Z-2004-01 M-2004-06, EA-2004-11 Applicant (s): Mike Rohde (Valko Shopping Center) Property Location: 10123 and 10150 N. Wolfe Road RECOMMENDATION The Planning Commission recommends approval of the following: 1. Mitigated Negative Declaration, EA-2004-11 2. Use Permit application, U-2004-10 3. Architectural and Site Approval, ASA-2004-14 4. Rezoning, Z-2004-01 5. Modification to the Development Agreement, (1-DA-90), M-2004-06 Project Data: General Plan Designation: Office/Industrial/Commercial/ Residential Retail Area: 138,760 square feet Residential Units: 204 units Residential Density: 27 units/ gr.acre Building Height: Maximum approxirnately 60 feet for "Rosebowl"site Approximately 40 feet for Wolfe Retail site P(CG,O,ML,Hotel) P(CG, 0, ML, Hotel, Residential) Heart of the City Current Zoning: Proposed Zoning: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: Yes. No. Rezoning required to allow residential uses Yes Mitigated Negative Declaration (2-~1 Applications: U-2004-10, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11 Valko Fashion Park Page 2 Application Summary: 1. Use Permit to construct 204 residential units and a parking structure 2. Architectural and Site Approval for 138,760 square feet of new retail space, 204 residential units and a parking structure 3. Modification of a Developrnent Agreement (1-DA-90) to encompass the development proposed in U-2004-10 and ASA-2004-14 4. Rezoning of a 7.5 acre site from Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping, Residential) 5. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration recommended. The project will have no significant, adverse environmental impacts. BACKGROUND At their meeting on August 23, 2004, the Planning Commission voted (4-1) to recommend approval ofithe project. Commission comments resulted in additional conditions of approval for a tree maintenance plan, a rnoving van plan and a circulation plan during peak retail hours. Commissioner Chen opposed the project; she wanted to see a cornprehensive analysis of the Vallco/HP area related to retail and residential buildout and school irnpacts. Public comments included concerns about availability of buses, through traffic and truck deliveries on Wolfe Road, school impacts, potential problems with renters in for- sale Below Market Rate units, and tree removal. The Charnber of Commerce supports the conceptual plan. DISCUSSION This report provides a brief summary of major issues. A detailed discussion is provided in the attached staff report to the Planning Commission dated August 23, 2004. Project Description The project consists of retail and retail mixed-use with residential on the 7.47 gross acre "Rose bowl" site and the 2.01 gross acre Wolfe Road retail site. None of the other future projects shown on the Campus Plan are included in this application. The project includes on-street parking on Valko Parkway. (2- lD Applications: U-2004-1lJ, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11 Valko Fashion Park Page 3 Development Agreement Vallco Fashion Park and the City of Cupertino executed a developrnent agreement in 1991, which is in effect until 2006. Non-retail uses require a use permit, resulting in the current application for a use permit for the residential use. Since approval of the use permit for the residential developrnent is discretionary, the residential project is not vested. The development agreement needs to be amended to vest this specific residential project. The Vallco Redevelopment Area was approved in 2000; it encornpasses all of Vallco Fashion Park. There are no special implications for this proposal related to the Redevelopment Area, since no public funds are involved in the development at this time. General Plan and Heart of the City Specific Plan The policies in the General Plan in effect at the time of the Development Agreement prevail. The General Plan in effect (adopted in 1989) allows up to eight stories of height. The Development Agreernent allows future General Plans and regulations, if not in conflict with the vested elements, to be applied. The existing General Plan requires a 1:1 height to setback ratio on Wolfe Road. Since this is not addressed by a vested element, the requirement must be, and is, rnet. The Heart of the City plan allows a residential density of up to 35 dwelling units per gross acre. The vested elements do not specify a density range, so this density range prevails and is rnet. The required cornrnon usable outdoor area is met. Rezoning The project site is currently zoned P(CG,O,ML,Hotel) or Planned Development (General Commercial, Office, Light Industrial, Hotel) and does not allow residential uses. The site is proposed to be rezoned to P(CG, 0, ML, Hotel, Res) to allow the proposed residential use. The proposed rezoning is compatible with the General Plan land use designation. DESIGN Architecture General: The architectural designs are conceptual and will receive subsequent, detailed review if the use permit is approved. Areas of concern are: . Vallco Parkway sidewalk width/building setback: Two additional setback areas were created along Vallco Parkway to accommodate more outdoor usage. The Planning Commission is satisfied that these areas are adequate. (2 -l ( Applications: U-2004-1lJ, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11 Valko Fashion Park Page 4 · South elevation: The interface to the south was improved in the current plans by designing a more interesting parking structure façade. However, this elevation will still be subject to additional review and modification at the design review stage. · East elevation: Was changed, but still lacks interest. · Townhouse Design; Appears austere, needs more of a residential feel. · Entrances to garages: Plain, needs more interest. · East elevation of Wolfe Road Retail: Needs more interest. · Parking structure interface: Auto circulation adjacent to the townhouses will be softened with plantings; however, this interface still requires more detailed analysis. · Interior courtyards: Enlarging the interior courtyards, to avoid creating a sense of enclosure, should be explored, particularly the courtyard on the east end of the project. At the detailed design phase, the applicant shall explore replacing the townhouses with double-loaded units and/ or decreasing the number of units to provide wider courtyards. · Ellipse form at southeast corner of Wolfe Road and Vallco Parkway: The dramatic ellipse form is a welcome focal point for the project and is integral to its success. However, the Planning Commission is concerned about the residential use of the upper floors. The extensive use of glass will result in either views into people's rooms, or rnore likely, closed drapes/shades, which will undermine the effectiveness of the shape and concept. The applicant shall address how the residential units will deal with the extensive glass exposure. Recreation/Open Space Areas The courtyards and decks in the residential area provide 31,860 square feet of common recreational open space. Private open space of 13,590 square feet (balconies and terraces) is provided. These meet the requirements of the Heart of the City Plan. Recreation and fitness roorns are also provided. Since it is not practical to include public parks in this developrnent, the residential development will pay park in-lieu fees. Staff has raised the issue of providing a public park in the adjacent HP /Toll Brothers project to provide park needs for residents living in Vallco Park, Menlo Equities and the HP /Toll Bros. sites. TRANSPORTATION IMPACT ANALYSIS A traffic report was prepared by Fehr & Peers Associates, Inc. (Exhibit B). The proposed project is expected to generate a total of 1,040 daily trips with 77 net AM peak hour trips and 96 net PM peak hour trips. The project's impacts on the level of service (LOS) at various intersections was analyzed. The proposed project will not have a significant irnpact at any of the study intersections (page 29). {-¿-Î2 Applications: U-2004-1U, ASA-2004-Ol, 2-2004-01, M-2004-06, tA-2004-11 Val1co Fashion Park Page 5 Parking The Development Agreernent specifies a parking ratio of 1 space per 248 square feet of gross leasable floor area. The parking breakdown is as follows: PROJECT AREA Required Provided Existing Shopping 4,148 3,742* Center Residential 408 410 New Retail 971 1,429 TOTAL 5,527 5,581 *This number reflects the loss of 785 spaces that will be eliminated in the Rosebowl below-grade parking lot. The proposed parking is adequate to meet parking demand. However, the Development Agreement requires that the total nurnber of parking spaces provided during construction shall not be more than 200 spaces below the total number of spaces required. During construction, available parking will fall more than 200 spaces below the required spaces due to the loss of the Rosebowl parking lot (it will be approximately 400 spaces below); a parking managernent plan will be required. Bicycle Parking The following indicates bicycle parking required for the new retail and residential buildings per the City's code: . Retail- 5% of auto parking, 29 spaces (Class II) . Residential- 40% of units, 82 spaces (Class I) Plans submitted for final approval will provide for the required bicycle spaces. Pedestrian Access and Paths The proposed Menlo Equities project directly south includes a pedestrian path along its north property line. Pedestrians will take the path to the sidewalk on Wolfe Road to access the project site and Valko Fashion Park. A condition of approval requires that additional access points between the project and adjacent properties be explored and implemented where feasible. School Impacts The project proposes 204 residential units. The school districts deterrnined the following: (2 - 7 J Applications: U-2004-1U, ASA-2004-01, Z-2004-01, M-2004-06, bA-2004-11 Vallco Fashion Park Page 6 . Cupertino Union School District (Elementary and Middle School) - The districts estimates a maximum yield of 50 K-8 students. The elementary school will be Sedgewick Elementary School and the rniddle school will be Hyde Middle School. The district has indicated that it can accommodate the addition of these students without significant impacts. . Fremont Union School District -The district expects 23 high school students at Cupertino High School from the project. Based on this assessment, the District believes that the impact of this project will be mitigated through the collection of developer fees. As indicated above, the existing facilities will accommodate the students from this project and school impact fees will be paid. Therefore, the project will not have a significant impact on the school system. MfordabIe Housing Per the City's Below Market Rate (BMR) requirernent, 15% of the units or 31 units are required. The for-sale units are required to serve median and moderate-income residents. Sixty percent of the BMR units shall be available for rnedian-income and 40% for rnoderate-income residents. The Cupertino Housing Commission encourages maximizing the density perrnitted in order to rnaxirnize the number of below rnarket rate units developed (35 units! gross acre instead of the proposed 27 units per gross acre). (See Exhibit C.) However, there are only 204 units available in the General Plan to be allocated in this area, so a General Plan arnendment would be required to allocate more. A rnore intense residential development may not be desirable in any case if it resulted in increased mass and bulk, due to its impacts on the proposed adjacent residential uses. Landscaping and Tree Removal There are 152 trees in the "Rosebowl" area. One-hundred-forty would be rernoved by construction of this project. Most of the trees are in the below grade parking area. The evergreen ash on the east side of the sidewalk along Wolfe Road will be removed due to construction and required access to the residential units by the fire deparhnent. The arborist and the fire department recommend removal of the ash trees on the south side of Valleo Parkway. They are in poor condition and they restrict access to the residential units. They will be replanted with appropriate trees as part of a detailed landscaping plan, to be approved subsequent to this conceptual landscaping plan. The inner row of ash trees on the Wolfe Road retail site will be removed due to construction. The outer row will either need to be removed due to its close proximity to the new proposed sidewalk and to poor health, or the new sidewalk will need to be reconstructed to better accommodate the trees. The arborist recommends rernoval due to 11- 1Lf. Applications: U-2004-1U, ASA-2004-01, 2-2004-01, M-2004-06, bA-2004-11 Valko Fashion Park Page 7 poor structure and proximity to the sidewalk. (See Exhibit D.) He recommends that Brisbane Box or Columbia plane trees be planted on Valko Parkway, and American Ash be planted along Wolfe Road. Replacement trees will be determined in the future approval of the detailed landscaping plan. Sanitary Sewer and Water Supply Sanitary sewer service is available, but the Sanitary District has determined that the sanitary sewer lines will need to be expanded for a distance of approximately 500 feet to accommodate the project. A condition requires that the necessary improvements be completed prior to building occupancy. California Water Service indicates that water lines may need to be enlarged, depending on fire flow requirements and project water demand analysis. A condition requires that the necessary improvements be cornpleted prior to building occupancy. ENCLOSURES Ordinances 1946 and 1947 for z-2004-01 and M-2004-06 Planning Commission Resolution 6268 for U-2004-10 Planning Commission Resolution 6269 for ASA-2004-14 Planning Commission Resolution 6267 and Ordinance 1946 for Z-2004-01 Initial Study Negative Declaration Exhibit A: Report from Cupertino Architectural Consultant, Larry Cannon Exhibit B: Transportation Impact Analysis prepared by Fehr and Peers dated August 2004 Exhibit C: Cupertino Housing Commission memo dated July 26, 2004 Exhibit D: Arborist reports from Barrie D. Coates and Associates dated June 29 and August 15, 2004 Staff Report to Planning Commission dated August 23, 2004 Planning Commission Minutes dated August 23, 2004 Plan Set Prepared by: Ciddy Wordell, City Planner Approved by: ~ ~ Steve Piasec i Director, Community Development G:\Planning\PDREPORT\ CC\ U-2004-10cc.doc David W. Knapp City Manager (2--/) CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2004-10, ASA-2004-14, 2-2004-01 Agenda Date: August 23,2004 M-2004-06, EA-2004-11 Applicant (s): Mike Rohde (Vallco Shopping Center) Property Location: 10123 and 10150 N. Wolfe Road RECOMMENDATION Staff recornmends that the Planning Commission recommend approval of the following: 1. Mitigated Negative Declaration, EA-2004-11 2. Use Permit application, U-2004-10 3. Architectural and Site Approval, ASA-2004-14 4. Rezoning, 2-2004-01 5. Modification to the Development Agreernent, (1-DA-90), M-2004-06 (verbal recommendation) Project Data: General Plan Designation: Office/Industrial/Commercial/ Residential Retail Area: 138,760 square feet Residential Units: 204 units Residential Density: 27 units/ gr.acre Building Height: Maxirnurn approximately 60 feet for "Rosebowl" site Approximately 40 feet for Wolfe Retail site P(CG,O,ML,Hotel) P(CG, 0, ML, Hotel, Residential) Heart of the City Current Zoning: Proposed Zoning: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: Yes. No. Rezoning required to allow residential uses Yes Mitigated Negative Declaration Application Summary: 1. Use Permit to construct 204 residential units and a parking structure 2. Architectural and Site Approval for 138,760 square feet of new retail space, 204 residential units and a parking structure 3. Modification of a Development Agreement (1-DA-90) to encompass the development proposed in U-2004-10 and ASA-2004-14 1'2--7& Applications: U-2004-10, A;:,A-2004-14, Z-2004-0l, M-2004-06, EA-2004-11 Vallco Fashion Park Page '2 4. Rezoning of a 7.5 acre site from Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping, Residential) 5. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration recommended. The project will have no significant, adverse environmental impacts. BACKGROUND The City Council and Planning Commission reviewed the project plan at a study session on July 6, 2004 and provided the following comments: Relate proiect to existing development: rather than the project relating to the existing development, additions to the mall west of Wolfe Road will be designed to be cornpatible with the project developrnent. Improve architecture of south and east elevations: the design of the parking garage on the south elevation is more interesting, and the south elevation has been changed. Further design changes are needed (see discussion below). Include bicycle racks: bicycle racks and enclosures are required and will be shown in the detailed site plan review. Consider a "free walk" at the intersection of Wolfe Road and Valleo Parkway; pedestrians need to be comfortable crossing this road: Glenn Goepfert in the Public Works Department responds that" a pedestrian scramble" is not appropriate for that location. Giving pedestrians exclusive access to the intersection by stopping vehicular traffic on all approaches will add a half-minute or rnore to the total traffic signal cycle length, creating unacceptable delays in the flow of vehicular traffic along Wolfe Road and Valko Parkway. Pedestrian scrambles can be more appropriate in downtown urban locations where there are full city blocks between intersections and available parallel vehicular routes. Neither of these criteria applies in this case. A pedestrian grade separation could be considered, but it is not currently identified as a City Capital Improvement Program or Redevelopment Agency project, and it might have to be demonstrated that the subject project is producing or contributing to a condition sufficiently hazardous to pedestrians that an at grade pedestrian crossing is unacceptable. Provide private open space as required by the Heart of the City Specific Plan: the required private open space is provided. Provide wider sidewalks on Valleo Parkwa1/: the width of the sidewalk in front of the building was increased in two areas. The sidewalk should be widened further to provide access to the retail shops and enhance walkability in Valko. Provide pedestrian connections between the Menlo Equities proiect and this proiect: The Environmental Review Committee recommends that pedestrian access between the project and adjacent properties be provided. This will be a condition of approval. ( .2...-77 Applications: U-2004-1O, A:>A-2004-14, Z-2004-0l, M-2004-06, EA-2004-ü Vallco Fashion Park Page 3 DISCUSSION Project Description The project site consists of the 7.47 gross acre (5.86 net acre) mixed-use Rosebowl site and the 2.01 gross acre (1.05 net acre) Wolfe Road retail site. None of the other proposed buildings on the site plan (hotel, 50 units of residential, theater, parking structure, additional new retail) are part of the application. The proposed project is surrounded by commercial and office uses at this time. The Menlo Equities mixed-use project (107 residential units, 6,386 square feet retail) is under construction south of the Rosebowl site. The vacant Hewlett-Packard lands are to the east, and are being proposed for mixed-use residential/retail. The project includes on-street parking on the north and south sides of Valko Parkway, requiring the removal of one through traffic lane in each direction. This will reduce the lanes on Valko Parkway from six to four lanes. Development Agreement Valko Fashion Park and the City of Cupertino executed a development agreement in 1991, which is in effect until 2006. The agreement vests up to 1,645,700 square feet of net rentable space, up to 3,500 cinema seats, and hotel and residential uses. The agreement locks in the General Plan and zoning ordinances in effect at the time. The number and density of residential units were not specified in the development agreement or other planning documents. Non-retail uses require a use permit, resulting in the current application for a use permit for the residential use. Due to the conceptual level of the drawings, more detailed review of architectural and landscaping plans will be needed should the use permit be approved. The preliminary plans have been submitted to the city's consulting architect, Larry Cannon, for his review. His c.omments are provided in the Architecture section beginning on page 5 of this report. Since approval of the use permit for the residential development is discretionary, the residential project is not vested. The development agreement needs to be amended to vest this specific residential project. No specific language is recommended at this time. The City Attorney will prepare the proposed changes for review by the applicant, to be considered by the City Council at its public hearing. The Planning Commission is requested to recommend approval of this modification in concept. The Valko Redevelopment Area was approved in 2000; it encompasses all of Valko Fashion Park. There are no special implications for this proposal related to the Redevelopment Area, since no public funds are involved in the development at this tirne. (2- I ð Applications: U-2004-1O, A:>A-2004-14, Z-2004-01, M-2004-06, EA-2004-11 Vallco Fashion Park Page 4 General Plan and Heart of the City Specific Plan As mentioned, the policies in the General Plan in effect at the time of the Development Agreement prevail. The General Plan in effect (adopted in 1989) allows up to eight stories of height. The Development Agreement allows future General Plans and regulations, if not in conflict with the vested elements, to be applied. The existing General Plan requires a 1:1 height to setback ratio on Wolfe Road. Since this is not addressed by a vested element, the requirement must be, and is, met. The Heart of the City plan allows a residential density of up to 35 dwelling units per gross acre. The vested elements do not specify a density range, so this density range prevails and is rnet. The required common usable outdoor area is rnet. Rezoning The project site is currently zoned P(CG,O,ML,Hotel) or Planned Development (General Commercial, Office, Light Industrial, Hotel) and does not allow residential uses. The site is proposed to be rezoned to P(CG, 0, ML, Hotel, Res) to allow the proposed residential use. The proposed rezoning is compatible with the General Plan land use designation. DESIGN Site Plan Roseboro/ site: This site consists of one level of retail (with high volume ceilings equivalent to two stories), three levels of residential (including condominiums and townhouses) and six levels of parking. The residential/retail uses wrap around the parking structure on three sides. The existing below-grade parking lot serves as the lower level of the parking structure. Three entrances to the parking structure are located on Valko Parkway, as is one entrance to the rear of the parking structure. An entrance to the residential units and the loading and trash areas is located at the south end of the site off of Wolfe Road. The west side of the building is the main outdoor gathering place, with 20+ foot sidewalks/plazas for seating and outdoor dining. Two sets of stairs lead down to the lower parking garage. The retail frontage on Valko Parkway has an approximately 12-foot sidewalk, with more limited opportunities for outdoor activities. Two seating/ dining areas are shown on this frontage. The setback of the building from the south and east property lines is 40 feet. The residential concept consists of units facing out on all four sides of the building and into the interior courtyards, and townhouses facing the parking structure and interior courtyards. 12-71 Applications: V-2004-10, A~A-2004-14, Z-2004-01, M-2004-06, EA-2004-:u Vallco Fashion Park Page 5 Wolfe Road Retail site: Two, two-story retail buildings are located at the northeast intersection of Wolfe Road and Valko Parkway. The northerly building is attached to the bridge over Wolfe Road, and has access from the bridge to the second story of the building. A courtyard separates the two buildings. A new crosswalk feature is proposed at the Wolfe Road/Vallco Parkway intersection. The exact design of this feature and the other sidewalk treatments will be determined in a more detailed design phase. Architecture General: The architectural designs are conceptual and will receive subsequent, detailed review if the use permit is approved. The applicant's architect describes the architecture as eclectic. The facades vary from solid to transparent. The large tenant space on the west elevation is described as an old department store look. A variety of materials and colors is proposed. There is a belt line between the retail and residential uses. Some of the residential units step back between floors, and articulation is provided on the Wolfe Road and Valko Parkway frontages. Rosebowl site: The City's consulting architect, Larry Cannon, reviewed the plans (Exhibit A). He points out: · The narrow setback on Valko Parkway that may limit pedestrian-friendly uses · An unpleasant interface with the new residential project to the south · Auto circulation right against the townhouses · Clarification of garage circulation and control methods needed · Width of courtyards · Major rnaterial, character and module changes that don't lead to a strong sense of place and residential feeling · Urban feel at Rosebowl corner Staff shares some of these same concerns: · Two additional setback areas were created along Valko Parkway to accommodate more outdoor usage. However, staff recommends that the buildings be set back approximately eight additional feet (to achieve a 20 foot setback) by shifting the entire building back, reducing the size of the building and/ or rnoving the curb out, if feasible. · The interface to the south was improved in the current plans by designing a more interesting parking structure façade. However, staff does not consider the south elevation to be a final concept; it will still be subject to additional review and modification at the design review stage. · Auto circulation adjacent to the townhouses will be softened with plantings; however, this interface still requires more detailed analysis. · The architect has clarified the garage circulation and can review this at the public hearing. 12-tO Applications: U-2004-10, A~A-2004-14, Z-2004-0l, M-2004-06, EA-2004-11 VaIleo Fashion Park Page 6 · EIÙarging the interior courtyards, to avoid creating a sense of enclosure, should be explored, particularly the courtyard on the east end of the project. At the detailed design phase, the applicant shall explore replacing the townhouses with double-loaded units and! or decreasing the number of units to provide wider courtyards. · Staff is not as concerned as Larry Cannon with the change in materials, etc., but recommends conditions of approval that call for high quality materials and finishes, and possibly other modifications such as reducing the amount of glass area, to be considered at the detailed design review stage. · A "more intense urban character" is called for in the Vallco design guidelines for the Rosebowl site (the design guidelines are vested). The drarnatic ellipse form is a welcorne focal point for the project and is integral to its success. However, staff is concerned about the residential use of the upper floors. The extensive use of glass will result in either views into people's rooms, or more likely, closed drapes! shades, which will undermine the effectiveness of the shape and concept. Staff believes this feature should be re-designed to pull back the residential use and devote the front visible element to a commercial focal point; a possibility is a high atrium with interesting lighting or art that could serve as a signature for this project and Vallco Fashion Park. The residential units should be pulled back from the building edge to allow for this. Additional concerns are the east elevation, which was modified to address study session comments, but still lacks interest; the townhouse design (south elevation), which appears austere in its conceptual form; plain entrances to the garage on Vallco Parkway; and plain east elevations of the Wolfe Road retail buildings. Plans for the more detailed review by the Planning Commission and City Council should include the use of reveals, roof cornices and varying roof forms, projecting balconies, and the use of high quality materials, e.g., stone. Recreation/Open Space Areas The courtyards and decks in the residential area provide 31,860 square feet of common recreational open space. Private open space of 13,590 square feet (balconies and terraces) is provided. These meet the requirements of the Heart of the City Plan. Recreation and fitness rooms are also provided. Since it is not practical to include public parks in this development, the residential development will pay park in-lieu fees. Staff has raised the issue of providing a public park in the adjacent HP ¡Toll Brothers project to provide park needs for residents living in Vallco Park, Meruo Equities and the HP !Toll Bros. sites. TRANSPORTATION IMPACT ANALYSIS A traffic report was prepared by Fehr & Peers Associates, Inc. (Exhibit B). The proposed project is expected to generate a total of 1,040 daily trips with 77 net AM peak hour trips and 96 net PM peak hour trips. The project's impacts on the level of service (LOS) at various intersections was analyzed using existing conditions, background conditions (including traffic from approved but (2 -6 ( Applications: U-2004-1O, Aè>A-2004-14, Z-2004-0l, M-2004-06, EA-2004-11 VaIleo Fashion Park Page 7 not constructed developments), project conditions (background conditions plus the proposed project) and expected growth conditions required by the Congestion Management Agency (increasing existing volumes by an annual growth factor of 1.2 percent per year to the expected project completion date of Summer 2006 and adding traffic from approved projects and the proposed project). The proposed project will not have a significant impact at any of the study intersections (page 29). The analysis of background conditions, page 17, indicates that five study intersections are projected to operate at LOS E or F during one or both peak hours: · Wolfe Road and Pruneridge Avenue (PM peak hour) · Wolfe Road and Vallco Parkway (PM peak hour) · Miller Avenue and Bollinger Road (PM peak hour) · Stevens Creek Boulevard and De Anza Boulevard (PM peak hour) · Homestead Road and Lawrence Expressway (AM and PM peak hours). The Kaiser Hospital under construction at Homestead Road and Lawrence Expressway, and to a lesser extent the vested Vallco buildout, contribute to these conditions. Staff believes these results are conservative and will continue to evaluate the traffic modeling methods and impacts of future projects. In any case, this project does not contribute a significant level of traffic to these conditions. Parking The Development Agreement specifies a parking ratio of 1 space per 248 square feet of gross leasable floor area. The parking breakdown is as follows: PROJECT AREA Required Provided Existing Shopping 4,148 3,742* Center Residential 408 410 New Retail 971 1,429 TOTAL 5,527 5,581 *This number reflects the loss of 785 spaces that will be eliminated in the Rosebowl below-grade parking lot. The proposed parking is adequate to meet parking demand. However, the Development Agreement requires that the total number of parking spaces provided during construction shall not be rnore than 200 spaces below the total nurnber of spaces required. During construction, available parking will fall rnore than 200 spaces below the required spaces due to the loss of the Rosebowl parking lot (it will be approxirnately 400 spaces below); a parking managernent plan will be required. Bicycle Parking The following indicates bicycle parking required for the new retail and residential buildings per the City's code: 12~r: L Applications: U-2004-10, A::.A-2004-14, Z-2004-0l, M-2004-06, EA-2004-H Vallco Fashion Park Page 8 · Retail- 5% of auto parking, 29 spaces (Class II) · Residential - 40% of units, 82 spaces (Class I) Plans submitted for final approval will provide for the required bicycle spaces. Bus Stop and Park and Ride Facility The Developrnent Agreement includes a provision to provide 75 shared park and ride spaces within 750 feet of a bus turnout location. The bus turnout will be provided on Valko Parkway and the shared park and ride will be in the parking structure. A temporary lot will be provided during construction. A condition of approval stipulates these requirements. Pedestrian Access and Paths The sidewalks and street-level courtyards on the site are partially on private property. A condition of approval requires the applicant to record pedestrian easements to allow public access to the sidewalks and courtyards that are on private property. The proposed Menlo Equities project directly south includes a pedestrian path along its north property line. Pedestrians will take the path to the sidewalk on Wolfe Road to access the project site and Valko Fashion Park. A condition of approval requires that additional access points between the project and adjacent properties be explored and implernented where feasible. School Impacts The project proposes 204 residential units. The school districts determined the following: · Cupertino Union School District (Elementary and Middle School) - The districts estirnates a maximum yield of 50 K-8 students. The elementary school will be Sedgewick Elementary School and the rniddle school will be Hyde Middle School. The district has indicated that it can accommodate the addition of these students without significant irnpacts. · Fremont Union School District -The district expects 23 high school students at Cupertino High School from the project. Based on this assessment, the District believes that the impact of this project will be mitigated through the collection of developer fees. As indicated above, the existing facilities will accommodate the students from this project and school impact fees will be paid. Therefore, the project will not have a significant impact on the school systern. Noise Prospective residents adjacent to Wolfe Road and Valko Parkway will be exposed to traffic and pedestrian noise. A noise study will be conducted prior to issuance of building permits to determine if sound rated windows and alternate sources of /2.-fJ Applications: U-2004-1O, A~A-2004-14, 2-2004-01, M-2004-06, EA-2004-11 Valleo Fashion Park Page 9 ventilation are needed to comply with the State Building Code and the General Plan. The City's General Plan states that for residential zones, noise levels should not exceed 60dB for exterior outdoor recreational areas and 45dB for the interior spaces. Prospective residents above the loading docks and trash areas, as well as prospective residents in the Menlo Equities development, will be exposed to noise from these sources. Project approval requires loading docks to be enclosed and delivery hours and trash pickup times to be limited. The perimeter road is raised adjacent to the Menlo Equities project, which may exacerbate noise and vehicle headlight impacts. A condition of approval requires that the height of the perimeter road be minimized. Mfordable Housing Per the City's Below Market Rate (BMR) requirernent, 15% of the units or 31 units are required. The for-sale units are required to serve median and moderate-income residents. Sixty percent of the BMR units shall be available for median-income and 40% for moderate-income residents. The Cupertino Housing Commission encourages maximizing the density permitted in order to maxirnize the number of below market rate units developed (35 units/ gross acre instead of the proposed 27 units per gross acre). (See Exhibit C.) However, there are only 204 units available in the General Plan to be allocated in this area, so a General Plan arnendment would be required to allocate more. A more intense residential development may not be desirable in any case if it resulted in increased mass and bulk, due to its impacts on the proposed adjacent residential uses. Landscaping and Tree Removal There are 152 trees in the "Rosebowl" area. One-hundred-forty would be rernoved by construction of this project: 48 Monterey pines, 45 Chinese elm, 35 evergreen ash (7 due to poor health and potential for failure) 14 coast redwood and 10 evergreen pear. Most of the trees are in the below grade parking area. The evergreen ash on the east side of the sidewalk along Wolfe Road will be removed due to construction and required access to the residential units by the fire department. The arborist and the fire department recommend removal of the ash trees on the south side of Valko Parkway. They are in poor condition and they restrict access to the residential units. They will be replanted with appropriate trees as part of a detailed landscaping plan, to be approved subsequent to this conceptual landscaping plan. The inner row of ash trees on the Wolfe Road retail site will be removed due to construction. The outer row will either need to be removed due to its close proximity to the new proposed sidewalk and to poor health, or the new sidewalk will need to be reconstructed to better accommodate the trees. The arborist recommends rernoval due to poor structure and proximity to the sidewalk. (See Exhibit D.) He recommends that Brisbane Box or Columbia plane trees be planted on Valko Parkway, and American Ash be (2-tLf Applications: U-2004-10, A.,^-2004-14, Z-2004-01, M-2004-06, EA-2004- ,.1 VaIleo Fashion Park Page 10 planted along Wolfe Road. Replacement trees will be determined in the future approval of the detailed landscaping plan. Sanitary Sewer Sanitary sewer service is available, but the Sanitary District has determined that the sanitary sewer lines will need to be expanded for a distance of approximately 500 feet to accommodate the project. A condition requires that the necessary improvements be completed prior to building occupancy. Water Supply California Water Service indicates that water lines rnay need to be enlarged, depending on fire flow requirements and project water dernand analysis. A condition requires that the necessary improvements be completed prior to building occupancy. Storm Water Quality Management The Regional Water Quality Control Board requires local agencies to reduce impervious surface and incorporate storrn water quality design techniques in their new projects. The current project site is a paved asphalt parking lot. The project will increase landscaping, utilize pavers and bioswales and thereby reduce impervious surface area. Therefore, there will be no negative impacts to the storm drain systern. ENCLOSURES Model Resolution for U-2004-10 Model Resolution for ASA-2004-14 Model Resolution for 2-2004-01 Initial Study Recommendation of the Environmental Review Committee Exhibit A: Report frorn Cupertino Architectural Consultant, Larry Cannon Exhibit B: Transportation Impact Analysis prepared by Fehr and Peers dated August 2004 Exhibit C: Cupertino Housing Commission memo dated July 26, 2004 Exhibit D: Arborist reports from Barrie D. Coates and Associates dated June 29 and August 15, 2004 Plan Set Submitted by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Developme~ G: \ Planning \ PDREPORT\pcUsereports \ U-2004-10.doc 12~t r Planning Commission Minutes 5 August 23, 2004 · If this does pass where the applicant has the ability to either move the h me to the back lot, or keep it where it is; chop off two feet and add a garage. · Recommended that it be mandatory as a condition for it to to the Design Review Committee, to ensure that the new garage is well integrated into existing architecture of the home Ms. Wordell: · Said the tentative map is not normally tied to design revi ; asked for feedback ITom the city attorney. Ms. Eileen Mnrray, Assistant City Attorney: · Said they could not put it in as a condition on the ap, as discussion is related only to the map. Com. Giefer: · Said she was not in favor of the subdivisio unless the home was moved to the back lot. Vice Chair Wong: · Said he concurred with his colleag s in support of a flag lot. · He said he understood where sta was coming ITom regarding having two narrow lots, but he felt in this particular situation t t two flag lots were appropriate. · Not comfortable giving a vari ce because it would be substandard with the ordinance; and he felt the applicant was com~ able with the flag lot, and they have an option of either building their dream home in the re of the building or staying in the ITont. · He understood, accordi to the city attorney, that they were voting only on a tentative map. Chair Saadati: · Supports the flag t, keeping the house as is; it has been that way for a long time and fits in the neighborhoo . otion by Com. Miller, second by Com. Chen, to approve Application M-2004-07, with the flag lot design. (Vote: . (4-0-1, Com. Giefer voted no) Motion: Motion: Motion by Com. Chen, second by Vice Chair Wong, to deny Application V -2004-02. (Vote: 5-0-0) Mr. Pi. ecki noted that the decision was final, unless appealed to the City Council. 5. Z-2004-01, U-2004-10, ASA-2004-14, M-2004-06, EA-2004-11; Mike Rohde Valleo Shopping Center) 10123 & 10150 No. Wolfe Road Rezoning of a 7.5 acre site from Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping, Residential). Use Permit to construct 204 residential units and a parking structure. Architectural and Site Approval for 138-760 square feet of new retail space, Residential units and a parking structure. Tentative City Council date: September 7, 2004. {Z-t¿ Planning Commission Minutes 6 August 23, 2004 Ms. Ciddy Wordell, City Planner, presented the staff report: · Said that the applications were for a use pennit for 204 residential units; architectural and site approval for retail space, residential units and parking structure, modification of a development agreement in order to include the applications as part of the Vallco development agreement; and a rezoning that will include a residential use as allowed use in the zoning district; as well as a mitigated declaration. · Reviewed the background of the development agreement, and the site plan including the Rose Bowl site and the Wolfe Road retail site, as outlined in the staff report. · Said that the drawings are conceptual and applicant will be required to return with more detailed plans to both the Planning Commission and City Council. · Reviewed staff concerns outlined in the staff report. · Staff recommends that all the details come back to the Planning Commission and City Council if approved in concept level. · Traffic report completed; determined there were no significant impacts on traffic from the project. · There were comments at the study session about wanting to see greater pedestrian access between this project and adjacent properties and that has been made a condition of approval to have them come back and show how they will better interface. · Project provides adequate parking. During construction however, they will fall below the level of parking they are to provide during construction; they will need to show a construction plan or parking plan as to how they are going to provide parking during the construction period. · Reviewed landscaping and tree removal as outlined in the staff report. · There are no significant impacts ITom the schools; 50 students ITom the elementary and middle schools; 23 high school students. Developer fees would mitigate any impacts ITom the increase in students. · Noise impacts ITom the street noise to the residences have been identified; will need some noise studies done to determine what kind of construction is needed to address the noise impacts. · Affordable housing will be the 15% in our regular program; sanitary district and water service indicated therè are some capacity problems in terms of the pipes; and the applicant and city are already in discussion with both of the agencies. · In tenns of sanitary there will have to be some enlargements done and in water that remains to be seen. The mitigation is that in either case the increase in capacity will occur prior to issuance of building permits. · Staff recommends that the Planning Commission recommend to the City Council the approval of the environmental negative declaration, the four applications. There is no model resolution for the modification to the development agreement; attorney will draft it; the recommendation is that the Planning Commission pass on their recommendation to the City Council that the projects be included in the development agreement. Com. Giefer: · Said she did not recall seeing the tree removal diagram in the staff report. · Regarding the parking calculation, the number the developer shows for the Rose Bowl site is 1398 stalls for parking, but the number staff had was 1400+; what is the difference. Mr. Piasecki: · Explained that the 1429 spaces is derived ITom the 1398 Rose Bowl, plus the 31 Wolfe Road. · He clarified that they were counting the street parking on Wolfe Road (on Vallco Parkway). /1-'[7 Planning Commission Minutes 7 August 23, 2004 Vice Chair Wong: · Follow up on Com. Giefer question regarding parking; on the residential there is 204 units; are those all assigned parking or general; how is it calculated? Ms_ Wordell: · The upper levels of parking are dedicated to the residentials so they have exclusive rights to the residential parking. · Said there were two spaces per unit. · Guests would have access to the lower level and the first level; residents park on the 3'", 4th and 5th levels. Vice Chair Wong: · On the traffic pedestrian on Vallco Parkway where one lane would be deleted; currently there are 4 lanes and it would be reduced down to one lane for onstreet parking. · What is being suggested; is there going to be a center divide? · There is no left turn lane going onto Wolfe Road. · Said he had a concern about parking on Vallco Parkway but will address later. · Also regarding the high school mitigation fees, does the applicant pay for the 20 students; how does that work; what if the numbers went up or down? Ms. Wordell: · It is three lanes in each direction and it will go to one lane of parking and two lanes of through traffic in each direction. · It will be restriped; there would be two through lanes in each direction. · There will be a left turn lane onto Wolfe Road. · They pay a development fee directly to the schoo] district. Mr. Piasecki: · There is no adjustment made if there are more or less students than projected, because over time it will vary, they have a set fee. · It is rigorously established by state law. Vice Chair Wong: · Asked for clarification on the concern about Vallco Parkway regarding the setback on the design issue; was it for a wider sidewalk and if it is pushed over for a wider sidewalk, the building may be smaller and may not get all they want. · Commented that by having a narrow street, there is a more intimate feeling; at 12 feet vs. 20 feet. Ms. Wordell: · It creates a more open ambiance of having a wider sidewalk vs. a narrow sidewalk where you would feel very constrained walking down; it would be uninviting. If it was wider, it would be more inviting. · Stafflooked at Santana Road where the main streets are 20 feet wide; some of their side streets are 12 feet, with the feeling they were side streets to walk by to get to the main street. 12-[J Planning Commission Minutes 8 August 23, 2004 Mr. Piasecki: · Said staff had looked at arrangements at Santana Rowand Santa Barbara; Mountain View has variable width along their street; they also have angled parking which gives a greater separation from the travel lanes. · Said in their professional opinion, 12 feet is not adequate for this building; the building is tall and it needs to be pulled back some and more space is needed for the pedestrian; otherwise the pedestrian is going to feel squeezed. · Staff suggests it be increased to 20 feet. Com. Miller: · There were very few staff comments on the intersection of Wolfe and Vallco Parkway; are there any other comments about the ease or difficulty with which shoppers and pedestrians can cross and get from one side of the center to the other; does staff have an opinion on that? Ms. Wordell: · Staff have not analyzed that yet because the details are going to come back at the next stage, at which time they will address it. Mr. Piasecki: · There are not a lot of good options; it is a very wide street and the option of having a free for- all pedestrian crossing is not a good one. Public Works is not recommending that in this location. Com. Miller: · Asked for clarification of the term 'pedestrian scramble'. Mr. Glen Goepfert, Pnblic Works: · Said it was a dedicated pedestrian movement with no motor traffic moving in any direction; staff felt it was not appropriate there because it would add at least one-half minute to the overall cycle length for the signal; the motor traffic wouldn't be able to move through the area. · It is more appropriate for a downtown area with real city blocks and some parallel routes. · Another option was a grade separation for pedestrians; there is a bridge about 350 feet to the north; one would have to go through the retailer which is more realistic to look at in those terms. Com. Miller: · The bridge is well defined so that pedestrians would view that as welcome option to get to the other side. Ms. Wordell: · It would not be accessible with this proposal because you would need to go up to the second story of the retail to access it. · If coming from the parking area to the mall or theater, unless it was highly marketed to guide people to it, they would more likely cross at another location. Com. Miller: · That is potentially an area for further study. I 2-- t9 Planning Commission Minutes 9 August 23, 2004 Mr. Piasecki: o Said it would likely function similar to Valley Fair and Santana Row with Stevens Creek Boulevard where it is a difficult street to cross. They do not have the retail bridge that is present at Val1co. Chair Saadati: o Regarding the traffic study, the report says that there is impact; however looking at the table, ES I, it seems the current level of service is impacted comparing it to the expected growth column. Looking at Item 5 on Wolfe Road and Val1co Parkway, level of service is C- and also background is F and expected growth is F, in some areas that area actually goes up and some areas it is reduced. Mr. Goepfert: o According to the study, the impact doesn't come from this particular phase of development; however if you look in the background for those that are actually grading, it is coming in background in a number of areas and a number of intersections and staff has a problem with that. This is the first time that this has shown up in any of the cumulative studies that have been done for projects in Cupertino. o However, there are some things that would go toward that; one is that the consultants have been asked to use the year 2000 counts which are the most conservative counts based upon the economy at that time. o There are other background projects; that Ms. Wordell mentioned, the Valleo development already vested, which is put into the background and pushes over some of the others. o This particular phase does not have a significant impact in tenns of affecting degrading the LOS; the separate problem is for staff to look at whether they actually believe that the intersections are going to be degraded in some cases to F or E, which would require a General Plan change. o The congestion management counts in October will generate some new infonnation and take another look at this because we don't think that things are degrading this badly, but may be a result of the conservative look taken by using the year 2000 counts. o Said the project being discussed does not have a significant impact as far as degrading the intersections. If it did, staff would be happy to condition it with mitigations, but unfortunately some of the previously vested Valleo phases have already gone by and we don't have the ability tonight to recommend any mitigations for those; those have been 10 years in the past. Vice Chair Wong: o Asked if it took into consideration the movie theaters, the 204 housing units, the retail excluding the 50 residential units, condos and the hotel. Mr. Goepfert: o Said he felt that it did. o If the overall traffic picture were to be what it is here, we would have to look at what we could do to mitigate the impacted intersections; that would have to do with single time; if we had to add to the green; look at some turning movements, that sort of thing, but before we get to that point, we need to take another look at this and reanalyze what is here to see if it is too conservative. o There will be an opportunity to do that to a certain extent in the congestive management counts in October, which is an overall picture for Cupertino for the level of development. This particular phase of development is not contributing to the impact that you see, not in a significant way. /2--1ð Planning Commission Minutes 10 August 23, 2004 Vice Chair Wong: o Are staff and the applicant comfortable with the traffic circulation of the residents coming into the building, as well as their retailers going into the parking lot. Do they feel the signs are visible, do they know how to enter and exit into the Rose Bowl project? Mr. Goepfert: o Said it was not something he would be able to tell as far as the detail of the signage; something the developer might speak to. Vice Chair Wong: o Asked if they were comfortable about the ingress/egress from the street going into the building. Mr. Piasecki: o The applicant has devised a creative effort with many ways to get in and out of the site. o There is a perimeter road, three access points along Vallco Parkway, plus the perimeter road; they have got it ramped so that it is a separate entrance for the residential, and separate for retail. o It could be considered overdone; there will be a lot of parking and accessibility with the design. Ms. Wordell: o The development agreement vests the traffic mitigation for the vested elements so that the theater, hotel, and the retail cannot require any additional traffic mitigation, even for those background projects because in 1990 it was vested for those projects as well as any traffic mitigation required at that time, which there wasn't any. o There were no significant impacts identified at that time. o Said if staff wanted to address traffic impacts from any of the developments, if would have to be on their own if they wanted to change some of the signals or future projects not connected with Vallco, if they contributed significantly to traffic. Mr. Piasecki: o As Mr. Goepfert stated, this is the first time this has shown up in this fashion and it is a good red flag to now focus on the new counts; watching it carefully over the next few years to see if it actually starts to materialize, and if so, take appropriate actions to ensure that Wolfe Road continues to flow. o If there is going to be any slowing it is probably going to be the side streets, not Wolfe; more green will be allocated to the overall city traffic than will be to the internalized traffic movement. o It is doubtful that the numbers would actually materialize, because it is conservative. Com. Giefer: o Asked if the relocation of the bus stop shown on Sheet 6 was in addition to the current one on Wolfe Road which is underneath the pedestrian bridge or is it a replacement for that? Ms. Wordell: o Illustrated where they would need to have a bus stop, and where currently the park and ride lot and the bus stop were; and noted that it would be an addition. /2 -11 Planning Commission Minutes 11 August 23, 2004 Chair Saadati: o Relative to tree removal, said some were 16 inch and 22 inch diameter; asked if there were specimen trees. o Are they going to be completely removed or relocated; there is reference made to relocating the trees. o Regarding the fire access, the fire truck needs to get close to the building or is it reachable by ladder? o Said the diagram did not show all the trees. Ms. Wordell: o Some of the ash trees were specimen trees. o Not proposing any relocation; the arborist is recommending a different type of tree be planted, not the Ash trees. o Said the fire department would use the ladder along Vallco Parkway which is why they want short trees replanted in the area. They will access it through a corridor so that the outer row of trees are alright because they can get to the units between the outer row of trees and the units through the sidewalk area. Com. Giefer: o Asked if the fire department would be able to access the building if more of the street trees were retained. o Said she was concerned about the outside row on Wolfe Road; the arborist report shows the outside row in tact. She wanted verification that just a few of the outside ones were gone. Ms. Wordell: o Il1ustrated which trees would be removed because of construction and the fire department's recommendation; also illustrated the trees to be retained. Mike Rohde, Vallco Fashion Park: o Will discuss the conceptual plan for a Rose Bowl site and emphasized how essential the housing element and mixed use Rose Bowl project is for the overall healthofthe mall. o This residential mixed use project will help fund some of the other proposed improvements such as a theater. The mixed use project is an important factor for Vallco to go to the next level and be a successful center. o The project is time sensitive; they have been working diligently with staff; there is a crucial time element to make a September City Council meeting; are seeking the Planning Commission's conceptual approval on what is presented this evening. o The mall is going through a crucial growing period, and the theater as well as some of the other improvements in store cannot happen unless there is a mixed use project on the table. Many centers across the country have added housing components to their property. Mr. Kirk Ellis, P & R Architects: o Reviewed the goals of the project: A financial component relative to the success and revitalization of Vall co Fashion Park. o Wanted to bring life back to the city, creating something the city would feel represents what is going on in the city, social activity, and also bring Vallco out to the street front and try to re- engage the street front. o It is seen as a unique opportunity, a unique block, which would be one sided to a certain degree, as far as how it relates to its neighboring blocks. It would have neighbors to the south and to the east and the block and building has been designed to be a four sided building. (r¿-1L Planning Commission Minutes 12 August 23, 2004 · Wolfe Road and VaIleo Parkway is a busy intersection, and as the mall has a desire to come out and engage the street and bring people connecting rrom the street into the mall and back, they wanted to have some sort of form and element that could really help to organize and anchor the intersection. · Said they want Cupertino to be a desirable place to live; the goal is to create a place people will be proud to live in. · Ground level plan: the concept was to try to nest residential and retail spaces around the parking garage; tried to minimize the impact the parking garage would have on the streets and the neighboring properties; bring a significant amount of retail back towards Vallco Fashion Park so that there is an engagement of opportunity across the street and have an indoor and outdoor experience. · Attempted to address Vallco Parkway and Wolfe Roads because it is important, there is a significant amount of vehicular traffic now and anticipation of a significant amount of pedestrian traffic. · The depth has been established as being a typical depth for acceptable leasable retail space; the larger block could be subdivided. There is a large block available for interested tenants. · Pleased that the city is willing to entertain having parallel parking along the street, it will help the feeling of the street, to slow traffic; retailers will want to have parking in rront of their doors. · Felt that it was appropriate to maintain a sidewalk width of 12 feet, with the tree canopy which would be a part of the landscaping plan, that would define a zone 12 feet up to 20 feet. At certain points there is an opportunity to open it up, pull the facades back and have some expansion contractual on the path along the sidewalk. · The design approach was that it would be better to try to concentrate activities in certain areas, rather than string apart activities. · Wolfe Road because of the one-to-one setback and the activities happening and orientation back to Vallco Fashion Park is a great opportunity to have a deep plaza with activities and retailers that are programmed to help support activities. · Reviewed the various entrances, outlets and levels of parking. · Showed a variety of examples of courtyards throughout various developments and discussed the elevations. · Reviewed the concept of the development. Com. Miller: · Asked the architect to respond to the concern about the amount of glass in the residential area on the elliptical section of the project. Mr. Ellis: · The design concept ¡¡-om the beginning has been something used to anchor the intersection at the comer on the architectural side of things looking at the massing. · It is seen as the opportunity to create something that was unique and different and follow a pattern of celadon transparency which is marched around the building; with a distinctive feature at the comer. If it was more solid, it would feel heavier, more overbearing aesthetically and massing wise, which presently is a concern of the city. · Provided an overview of the living space of the units. Com. Miller: · Expressed concern about the narrowness of the walkway along Vallco Parkway and the recommendation that it be moved back another 8 feet. /1--9J Planning Commission Minutes 13 August 23, 2004 . Said he had a major concern with what happens to the intersection between Wolfe and Vallco Parkway. If it is not done correctly, it could potentially be a nightmare in tenns of safety for people walking across as well as a bottleneck for traffic. o It does not appear to be completely addressed or addressed very well at this point. Mr. Ellis: o Said it was their intent to have a series of expansion and compression spaces; there would be an impact if the building had to move back 20 feet off the street; there is an impact in the footprint of the building and therefore in the residential up above. o With 204 units allotted by the current General Plan, that is what they are designing to at this point, and that is what works with the project. They feel that the orientation scheme will be enlivening and will have activity pockets along the street. o Parallel parking is going to discourage people from being at the curbline next to cars; illustrated where there was a setback and opportunity to have enough space that people can see off the curb. o Said they did not have a traffic engineer who has worked on the project with it at this point to comment on specifics relative to speed or distances. Vice Chair Wong: o Relative to Com. Miller's comment about traffic, there are three entrances and exits going out from Val1co Parkway, a left turn would be difficult if it was a successful retail center. o Would there be a traffic light, or right turn only. o He said he saw the business being as successful as B.J.'s and Cyprus. Mr. Ellis: o Said they saw it as being successful, and agreed. o It is a good point and it has been discussed previously, since it is signalized; it is shown as one in, two out, the left turn is going to be through traffic. It is something they may need to investigate with the city's traffic engineer or on their own to look at what the appropriate solution is. o Said it was their ideal opportunity to get the entry down to the main lower level parking. Vice Chair Wong: o Asked if the peak season, and holiday season were taken into consideration, or when the cars pile up trying to make a left turn and they pile up inside; and also pedestrian traffic during the holidays walking back and forth in the urban city life that is proposed. o What are the mitigation factors? Mr. Ellis: o Initially it has been studied, but they do not have final counts or solutions. Mr. Rohde may be able to respond. o With that intersection, what the city initially asked for and they are proposing to do, is that motorists would notice going over different paving surfaces to help delineate where pedestrian surfaces are, and give as much priority visually as far as cues to pedestrians. Vice Chair Wong: o It will be very challenging if someone is trying to make a left turn, pedestrians don't yield to the cars, it will be chaotic. /2 -11.( Planning Commission Minutes 14 August 23, 2004 Mr. Piasecki: o If subsequent studies show that it doesn't work or doesn't work in the future, you would simply have to close it off, make it a right turn in, right turn out, and if people wanted to head westbound on Val1co Parkway, they would go to the next intersection and make a V-turn, and/or go around what is currently Vallco Parkway to Finch to get onto Stevens Creek. Mr. Rohde: o Relative to Vice Chair Wong's question, he said that during peak times and holiday times, they typically manage their own traffic on their 64 acre property. Their security staff is in charge of maintaining traffic control on their property and they also enlist the help of the Sheriffs Department and Code Enforcement. o If it became a traffic issue on a Friday night or day after Thanksgiving, they would work with the city of Cupertino and Code Enforcement, and create a right turn only or mitigate that traffic to some degree. o Said their people were qualified to relocate parking lots or direct parking and traffic in certain areas. Vice Chair Wong: o Questioned the architect regarding the connectivity between the property and Menlo Equities. o The service yard is going to look over the residential area; will there be trucks driving there; what are the hours; and how is it going to affect both rental units and for-sale housing on Menlo Equities? Mr. Ellis: o Referring to the second level plans, there is a clear view of the service driveway. It is addressed for functional reasons and safety reasons; the service traffic cannot be coming and trying to access backing into the building off Vallco Parkway or Wolfe Road. o From the beginning they looked at having the service road be along the back side; it also helps with the setbacks needed for code reasons. o There will be service trucks on the back road as well as people who are either residents or people coming out of the parking lot. In the staff report, time restrictions were mentioned for operations for the service docks. It is something they would look into and be approachable to. o Raising the grade to get up into the second level was an important step to having a successful parking garage also; they proposed a thicker screen of landscaping trees to screen the exiting cars and block the headlights. Vice Chair Wong: o Asked what the hours for the service vehicles and garbage trucks would be. Ms. Wordell: o The conditions of approval are hours of 7 a.m. to 7 p.m. weekdays and 8 a.m. to 6 p.m. weekends and holidays; also the loading docks will be covered and closed when they come back for their final design approval. When a truck pulls into unload, it would be fully enclosed, motor shut off. o The trucks could be seen coming and going, but would not be seen or heard once they pulled into the loading docks. o They should turn off their engines when they are parked there, and turn their radios off. (2--7) Planning Commission Minutes 15 August 23, 2004 Ms. Wordell: · Said the Menlo Equities housing units were 20 feet from the property line. · There are 60 feet in the parking structure area between the parking structure and their property line, plus another 20 for Menlo Equities. Vice Chair Wong: · Said he assumed Menlo Equities and the applicant would have a disclosure statement regarding the service area and to let the residents know about it. · Asked how they would connect the Rose Bowl project with the Hewlett Packard property and the Menlo Equities; would they be a condition of approval? Also, how can the residents walk to the marketplace and there is also an elevation of grade levels concerns. · How are people going to walk from Menlo Equities and the Toll Brothers project to the new supermarket? Mr. Ellis: · Said there were opportunities to do that. Once again with a setback area and the opportunity for landscape buffer and easement area, they have the opportunity to go ahead and have something that is a good connection point. · One of the goals is to have this become an exciting place that people want to live in; there are going to be neighbors and they want to have that sense of connectivity. · It is up to the city and the client to decide legally how that is done; from the design side, he said they could accommodate those things. · It is a design idea; there is nothing agreed upon with the approach, but with Menlo Equities, the residential component in the area illustrated, it would be easy to get some connection point that comes along the east edge of the Rose Bowl property. · He illustrated where it would be a benefit and opportunity, but said it would be a challenge to come back to the market. Vice Chair Wong: · Asked if there was a way that they would not have to walk around, but walk down the staircase, because of a different grade level. He said he knew there was a service road, but most people want to take a short cut, and walkability is encouraged. Mr. Ellis: · Said the opportunity is there design-wise; they would have to look at the staircases because one is exit and one is going to be private for residents. If there were to be an agreement between both properties of some way to address that, there are legal issues with how they could accommodate that movement, vs. having more open air, accessible easement area that might be provided outside. Vice Chair Wong: · Asked staff if the Planning Commission or City Council could make the applicant make it more connectable since they were concerned about legality issues. Ms. Wordell: · In the next design phase one of the conditions is for them to come back with a proposal for a better connection; if it is approved that way, that is what they will come back with. 12.--1& Planning Commission Minutes 16 August 23, 2004 Com. Giefer: o Looking at Valleo Parkway and cutting into the building at different areas, what is the average depth of the sidewalk if you had to take the insets with the straight line of the 12 foot sidewalk for the whole length of Vall co Parkway. o In the rendering shown of the resident lobby where one would drive in, is there a drop off/pick up space, once one enters that bridge goes under the glass feature by the tree; there is a green striped 15 minutes parking. Mr. Ellis: o The average is 15 feet, excluding the open spot; already notching back to 14; average out to be about 15. o Reviewed the second floor plan; does not have floor space, but upper space of the retail spaces. The area is visitor parking, a drop off area, a court with stamped concrete or pavers. Mr. Rohde: o They have their own security staff and part of their duties is to maintain truck traffic. They do not allow trucks to park on Wolfe Road; there are two truck docks facing Wolfe Road. o Typically have not had problems; the trucks are able to pool elsewhere and .if they end up stopping, they are asked to move and given a reservation space to get them back. o They are able to maintain their own property and this would be another area that the security staff would help maintain. Mr. Ellis: o Referring to the elevations, the intent is to average 50 feet, there are some code reasons why this works out to be best; it is not part of the development agreement; but once again to get the appropriate side scale drama for that corner piece to help hold that intersection, you want to push that it would be a different construction type at that point; the glass at the ellipse. o It is the part that goes to 60 feet; not all of the roof lines will be 60 feet though, there will be a vanance. o Said the height of the retail component across Valleo Parkway was 41 feet tall to the highest . point; there is a 20 foot difference looking from the Wolfe side. Com. Chen: o Are there entrances from the courtyard size for the residential units along the Wolfe side. o Are there two rows of the residential development. Mr. Ellis: o Responded yes to Com. Chen's questions. o Illustrated the Wolfe Road side, double loaded corridor, where the units face the courtyard and those that face the street with one common secure circulation space in between. Roof height is the same; there are structural reasons for that; aesthetically we want to have some variations and elevations. Com. Chen: o Asked if consideration was given to reduce the height of the illustrated side to make it match more of the other side and also reduce the units along the Wolfe side. 12 -11 Planning Commission Minutes 17 August 23, 2004 Mr. Ellis: · Relative to reducing the height along Wolfe Road, they did not consider that to be the direction to go with the design; said they saw the block set apart by itself; an opportunity to have a strong statement. · Also have to get the right height as far as number of units residential and retail is actually workable; fortunately there is tree screening which can be kept out a row, it will help to balance out the appearance. · Had a productive meeting with the fire department and onsite walk with the arborist, talking about specific trees, what could and couldn't be done. · Opening the intersection up for the ellipse gives a better visual access to this intersection; it is going to be an active place. · The connection back to Vallco; the outward appearance of Vall co, it will be unencumbered but also it is going to be safety wise, pull the trees off for better visibility. · The fire department talked about the need to have people come onto the plaza and be able to get back off. Com. Chen: · Asked what the plan was for the new retail space at the opposite comer of the residential unit, architecturally and use of the tenants. Mr. Ellis: · The concept was to have a more solid box that faced backwards to Penneys; it may have been the old building and had been cut off and a glass rront put on it; the reason for the glass is to have an exposure back across the drive, so people coming and going out of the cinema have a connection of seeing people doing things, an activity sense. It is important, but also giving the opportunity to have smaller icon and landmark as you are coming down Vallco rrom the east, for another reference point. · At this point; in this case we are showing a slightly higher element to get some hierarchy to get to that mass; as far as tenant space, it could be either two story tenant, a book store, or two tenants on individual floors. Com. Chen: · Asked staff how the change would change the total retail space allotted for this area; and how is it going to change the total residential units. · What about residential units? Ms. Wordell: · Vallco has 500,000+ square feet of retail space allowed as part of their development agreement, this will take 136,000 square feet of that rrom their total; the cinema will also take some, but they will still have some retail space left over; which they are planning to add on at least at this point in the main mall as well as out toward Wolfe Road. · The calculations have not been done for what the cinema will use because they are going to have to take a deduction for the cinema that is in the development agreement; not certain if it will be completely depleted or not. · Vallco has its own allocation as does the retail for the area; there may be some left over for others, like the Hewlett Packard site. The existing General Plan allows 120,000 square feet for a power retailer so that could go anywhere. · This General Plan would be used up with these units. There would not be any additional residential development allowed in that area unless there was a General Plan change. 12 -qJ Planning Commission Minutes 18 August 23, 2004 · Tonight's approval of the 204 units would use up the housing allowance in the Val1co Park area. Mr. Piasecki: · The allocation is coming from the Heart of the City allocation; there are other areas in the community that allow some residential buildout, but this would use up all the allocation for that particular area. Chair Saadati: · Relative to the Rose Bowl site plan, he asked if tree grates would be provided for the walkway trees since the concrete grates extend the sidewalk visually; it may have a more positive impact. · When considering detail, it may be beneficial to look into it to see if it will address some of the concern regarding the width, because there is not a landscape island across the entire length; it is just three grates at certain spacing, which may provide more space for pedestrians to walk. Mr. Ellis: o Plans include landscaping along the street. o When walking the site, the fire department saw benefit for their fire access in having better spacing of trees than is currently there nOw. Tree spacing will be addressed. Chair Saadati: o Said that a major concern was the amount of glass used which would create a challenge for privacy, as people from the outside could see in. o Noise is one of the key concerns that needs to be added; regular glass won't work; need a special glass. Mr. Ellis: o They will have an acoustician working to get the right technical side of how the glazing system is looked at. Mr. Piasecki: o That is a point that staff is concerned with as well with the townhouse units next to the parking garage, making sure they have a sound transmission class rating sufficient so that you don't hear squealing tires, car engines and car alarms. That is going to be a challenge Mr. Ellis: o Described the building materials used; including natural stone, cultured stone, concrete block, stucco, plastic finishes, and lime wash paint. The lower retail level will be concrete structure and the upper residential levels will be wood, with some steel. The company has significant experience in doing lifestyle retail centers and mixed use. o Will be using a variety of plaster washes also so it is not all one type. The color palette includes more colors than are illustrated. Vice Chair Wong: o Regarding housing units, what is the percentage of 'for sale' and 'for rent'? o Asked staff what the noticing requirements were, as there were not many people present at the meeting. [2-q7 Planning Commission Minutes 19 August 23, 2004 · Want to make sure the community is aware of the project and after this is built, hope they have a positive reaction. Mr. Rohde: · Relative to 'for sale' and 'for rent' units, said he was not sure, but they were investigating the insurance ramifications; there will be some of both categories. Ms. Wordell: · Regarding the noticing, staff did a 1,000 foot radius notification and also e-mailed the General Plan task force. Vice Chair Wong: · Relative to the development agreement, asked for verification that it did not include the 50 unit condo and hotel. Asked if they were seeing the whole master plan now, or was it just conceptual. Ms. Wordell: · Those projects are specifically excluded from this approval; residential uses are allowed and vested in the development agreement, but they weren't specified as far as number of unit or density. · That is why they had to go to a use pennit for this project which is why this particular project is not vested, even though residential uses are; specific project is not. If they want to do additional residential, they would be able to, but they would have to get an allocation for that and they would have to go through the use pennit process. · They could have chosen to do it together, and asked for a General Plan amendment and wanted to come with all the residential now, but they are not. Vice Chair Wong: · Questioned whether the 1,000 square foot noticing was the perimeter for the Vallco property or the Rose Bowl; if using the Rose Bowl project, there are not many single family homes around it, vs. on the other side of Vall co, there are more single family homes around the Portal neighborhood. Ms. Wordell: · Said it was the Rose Bowl project and Wolfe retail. Com. Miller: · It suggests that very few people received notice of the project. For subsequent meetings, it should be expanded in some way because it is not likely there will be many residents 1,000 feet trom the Rose Bowl. Staff can address the issue. · Asked for clarification when staff earlier made the comment that the 204 units used up the allocation; where does the 50 stand, do they need a General Plan amendment to come back for the other 50, or is that included in what was said to be used up the allocation? Ms. Wordell: · It is not included and they would have to get a General Plan amendment, or if it were far enough in the future, perhaps the regular General Plan process would allocate and they could just draw on that. Chair Saadat¡ opened the meeting for public comment. IL-f~ Planning Commission Mmutes 20 August 23, 2004 Dennis Whitaker, Cupertino resident: · Said that relative to the transportation betterment with the Valley transit bus system, it seems they are adding 205 units, 204 units someplace else, a hotel and hopefully a successful theater operation, Vallco Fashion Park. He was hopeful that the buses will be off Wolfe and Stevens Creek to pick up and deliver people and drop them off. Asked staff to respond. · Concerned about Wolfe Road being a main primary artery; there are Foothill, DeAnza, Lawrence Expressway and Wolfe Road; Wolfe Road not only takes care of Cupertino, but also takes care of West San Jose, Saratoga people; it goes straight down to Fair Oaks, so there is a straight artery going tluough. · Said he hoped they were not planning decreasing Wolfe Road into two lanes instead of tluee lanes. · Concerned about the residential units on how they are broken down in number of bedroom units; someone said that the high school district says there is no problem, but when adding up each thing, Cupertino High is already impacted and they will definitely be impacted in 2004 and 2005. · Said he hoped that they would not allow trucks to make deliveries on Wolfe Road. · Urged the Planning Commission and City Council to ensure that the incident with the Verona Apartments where 16 families who were on the BMR list lost their chance for affordable housing did not occur again. · Expressed concern about one unit which did not appear to have any light to it. Mr. Ellis: · llIustrated that it was typical in hotel design; using the inner comer for utility spaces for circulation; the way it is laid out is a one bedroom unit, facing out onto the courtyard; has an opportunity for a second window; utility storage in this case, and mechanical shaft. Mr. Piasecki: · Relative to Mr. Whitaker's concern about Wolfe Road, there is no change with this project to Wolfe Road, the lane configuration on Vallco Parkway is proposed to go from 6 lanes down to 4 lanes to accommodate onstreet parking; there is no change to Wolfe. · As indicated earlier, if there is a problem with level of service, Wolfe Road will be the priority focused on. Vice Chair Woug: · Reiterated that Vallco Parkway is currently 6 lanes and potentially may be reduced to 4 lanes and have parking on both sides; will it accommodate for the future development on Hewlett Packard property. · Asked the reason Vallco Parkway was 6 lanes originally. · Said it would be good to have something similar to the Santana Row pedestrian friendly middle mall. Mr. Piasecki: · Traffic engineer feels that there will be no problems with reducing Vallco Parkway to 4 lanes. · In the past, there was an 18 story Marriott Hotel approved on the present Hewlett Packard property; there were big plans for the area. · This could be the beginning of that; I don't know if it will come to fruition, but the Hewlett Packard lands could be tied in some fashion; they are proposing a residential component along Vallco Parkway, not the intensity of Santana Row, but a pedestrian oriented walkway area. (2.-[6/ Planning Commission Minutes 21 August 23, 2004 Jennifer Griffin, Calvert Drive: · Has lived in Cupertino for 20 years; shopped at Valleo for 30 years. · One of the hallmarks of the Vallco property all the way down to Homestead at Sunnyvale at the Hewlett Packard properties, is the double row line of small Ash trees. · The Ash trees along Wolfe and Valleo Parkway have been maintained by Cupertino for the last 30 years and they cannot be in such bad condition, considering people have been proud of the trees, they are mature specimens. · Said she would be upset if the trees were removed !Tom Wolfe Road and along Valleo Parkway. · The Toll Brothers property does intend to keep the double row of trees along Tantau, Stevens Creek and Vallco Parkway. · Also concerned with the pedestrian safety along Wolfe Road and Valleo Parkway; it takes a long time to get across the road. · Asked the Planning Commission to consider maintaining the trees as they are a hallmark for the area and a source of pride of the neighborhood. Jody Hansen, Silverado Avenue: · Was not present but asked that her written comment be entered into the record. · Supported the residential mixed use component in concept. Chair Saadati closed the public comment portion of the meeting. Vice Chair Wong: · Supports the project. · Believes that the vertical integration mixed use smart growth project is what Cupertino needs; and the applicant put a lot of articulation and design into the building. · Also support staff S recommendation to bring back the design to address. · Believe that the mixed use project is the right location. · Want to see the applicant tie more connectivity regarding the Menlo Equities and the Hewlett Packard property in the future. . . Concerned regarding the traffic mitigation of the LOS of D and F on Wolfe and Valleo Parkway; staff needs to look more into it. · Will not hold up the project, but have reservations in the reduction oflanes on Valleo Parkway and putting parking on the street. · City Council is going to have a special meeting regarding noticing; and it is important to work together with staff to find a better way to notice the community, so that we can all support this project and let them know what a wonderful project and addition this will be; because we need more retail and more affordable housing. · Am open to making this more rental community vs. for sale; support rental units because recently we have been approving a lot of for sale units and rental units will be easier for the applicant to control some of the noise and other mitigating factors that go into a mixed use project. · Concurred with Com. Giefer's comment about the sidewalk being 15 feet, supports the concept suggested, and also some safety features Mr. Rohde brought up regarding ingress and egress ofthe parking. He said the Chamber of Commerce supports the project as well. ( 2-fðl Planning Commission Minutes 22 August 23, 2004 Ms. Wordell: o Clarified that the use permit resolution reads that they would be 'for rent' condominiums, and similar to Verona would allow them to rent them or sell them as they wished. o Said she was unsure if there were other opportunities for addressing the BMR issues regarding people losing their BMR units as a result, and noted that is the way it is presently set up. o In response to Vice Chair Wong's request, she explained the Verona situation and how the residents lost their BMR status. She said the development started out all 'for rent' units and the owner decided to take advantage of the fact that they were also mapped for condos; therefore the higher units were changed to 'for sale', so they must have had some below market 'for rent' units in the 'for sale' project, that the renters could no longer stay in. o Said that the entitlements allow them to go to 'for sale' without going through any other city reVIew. Mr. Piasecki: o Said what they are finding, is that for financial reasons, the banks are insisting upon mapping of these projects so that the property owner has the flexibility to respond to market conditions; they don't want to hold a lot of rental units, as well as the applicant's. o From the applicant's perspective there are liability issues associated with 'for rent' and 'for sale' so in essence there is not a lot of discretion on staffs part to direct that it go one way or the other without upsetting the entire apple cart. o If there is a desire for more 'for rent' projects, it should be specified in areas where it can be a stand alone; in cases like this it probably will be market driven. Vice Chair Wong: o Said he agreed that it should be given flexibility; but wanted to prevent a situation like Verona in the future. Mr. Piasecki: o Staff will look into it; there are ways to do that or allow longer periods of time; make sure the residents, should they become disrupted have an opportunity for first right of refusal for subsequent units that are available; given rights to actually purchase the affordable units because once they go from rental to ownership, there are still BMR units, they just have to be ownership units, so we may give priority to the initial tenants; they have to qualifY. o Staff will provide more information on the issue. Vice Chair Wong: o Suggestion is to give it to the Housing Commission, and have them suggest some mitigating factors for 'for rent' units, and the owners have the right to have it 'for sale' and have some mitigating factors. Com. Giefer: o Supports mixed use. o Have some concerns regarding the space and townhouse courtyards; regardless of what glazing you use; in the two bedroom townhouse units, you are going to have the master bedroom away from the garage; most likely going to have a child's bedroom near the garage, and that child will most likely be disturbed when the car alarms and the parking structures are going off in the middle of the night regardless of what grade of glazing materials used. o Suggested that one row oftownhomes be eliminated or some of the other condos be eliminated to make them into townhomes. Said she felt the 30 foot distance between the townhomes and (Z-fDJ Planning Commission Minutes 23 August 23, 2004 the parking structure is not enough for both air circulation for noise, and in general could not imagine having a view out the kitchen window to a parking garage. · Agree with staff; the distance, the screening, somehow needs to be enclosed, but it does not provide the home view that Cupertino residents want to enjoy as part of the community. · Expressed concern about what was presented on the eastern elevation; it looks unfinished and industrial. If we continue to develop in that area with more housing, again, I appreciate the fact that you did design all four sides of it, but that one side needs more work. I would like to see it plussed up more with landscaping, I can see you took our feedback from the study session to heart with regards to more screening on the parking structure which faces Menlo Equities and I appreciate your efforts there, and know it can be done. . · Regarding move in/move out, would like the residents to have access to the loading docks, which sounds like it is not going to be an issue for the residents; might want to consider moving the freight elevator into that area; that is at your discretion. · Also support retention of as many trees as possible; having walked the site, agree with arborist that many of the trees are in poor condition; I would like to see a condition added to the approval that Vallco who is responsible for maintaining those Ash trees on Wolfe Road, have a care program in place to rehabilitate the retained Ash trees as well as continually maintain the trees along Vallco Parkway. Some trees are in poor shape but could survive if they were appropriately cared for and maintained. · Another point, promoting walkability, not just pedestrian walkability, but bicycle access as well; not only pedestrian connection to the Menlo Equities project, but bicycle access, either routing it on to Wolfe Road or routing it directly along the access point to Vallco Parkway; both are acceptable solutions. · Suggested bike lockers in the residential parking area; staff can come up with the correct amount. · Concerned about the entry point walking from the hallway into the kitchen. With the final architectural plans, want to see something that is a greater separation from the entry way and the kitchen to provide a feeling of closure in space. · Requested samples of appropriate size of all materials to envision what the application of the materials will be on the finished units as they are approved. · Supports the project, but feels there is more work to be done before the design is finalized. Com. Chen: · Said it was a good design and she liked the mixed use concept. · Expressed concern about the use permit, total number of residential units and also the retail space; although not opposed to any of them, wants a comprehensive analysis of the whole area of the total housing units, the use of retail space, and connectivity to all the large sites. · School impacts are also a concern. · Said it was a unique opportunity for Cupertino to look at the 27 acres of development for the Hewlett Packard site and also this is a 7.5 acre or 9+ acres of development. · Said she would support most of tonight's recommendation with the exception of the use permit and architectural and site approval. Com. Miller: · Supports the project in general; seeing it at the conceptual stage at this point and expecting to see a number of refinements in the future. · Said he understood that it is important to put residential units in here both for the project and being a housing advocate, believe they are important for Cupertino. However, want to ensure they are not stuffing in units wherever possible, and agree with Com. Giefer that there may be /2-(DY Planning Commission Minutes 24 August 23, 2004 some issues relative to the townhouse units in tenns of the noise and the negative impact of the views out onto the parking structure. o At the comer of Vallco Parkway and Wolfe, the idea of the glass is a dramatic look, but we need to make sure it doesn't impact the residents, or it is done in such a way that there is some mitigation there. · Also concerned about how the treatment of the intersection is going to go and whether in fact that is going to be a major impediment to traffic moving north and south. If it is, how is traffic going to be routed, or how will they deal with traffic that is moving through Cupertino from one direction to another. Also how does that traffic interface with pedestrians trying to cross the intersection. o Am comfortable with the sidewalks on Vallco Parkway after the applicant explained. As Vice Chair Wong discussed, it is important that we explain the links in more detail and suggest that we include that in our approval, that we ask the applicant to put more time and effort into how those links are going to work. o Address the noticing issue for the City Council meeting if that is not too late to do, so that we make sure we get far more noticing than we did for this hearing. o In terms of 'for rent' or 'for sale' it is important to allow the market to dictate this; presently there are a lot of vacancies in the rental market; the applicant should have the flexibility to do either/or based on market conditions. Chair Saadati: o Supports the concept plan; with still a lot to go; about 20% to 30% of the work done; a lot of tweaking needed, elevation changes. o Regarding traffic, looking forward to seeing the congestion mitigation management in October to see how the overall traffic is going to look. · Said he liked the idea of parking on Vallco Parkway as it would make the pedestrians feel more comfortable walking along the walkway, and the stores prefer the cars parked in front rather than having cars speeding by. o Connectivity to adjacent development: Would like to take a look at that to ensure there is a connection; and need to look at how all of these developments will affect the whole area. In favor of mixed use, it is done in adjacent cities. o Regarding the trees, it would be beneficial to all parties to have an overall picture of what the final outcome is going to be, considering the pros and cons. o Eastern elevation needs tweaking. o Supports many of colleagues' comments. Com. Giefer: o Supports staff's opinion of widening the sidewalk setback on Vallco Parkway; would like to see it expanded to approximately 20 feet. · Said she likes the articulation done on the street side but would like them to be broader because other areas such as Santana Row or other parts of San Jose where they didn't have on street café dining, are always cramped and Cupertino could do a better job. o Would like to see the setback increased as well in that area. o Add a condition that all of the mechanical apparatus on the roof air conditioning, HV AC be covered and not visual to the residents who are on the higher floors. Ms. Wordell: o Noted that Com. Giefer's last comment was Condition IS. 12 -(D) Planning Commission Minutes 25 August 23, 2004 Motion: Motion: Motion: Motion by Vice Chair Wong, second by Com. Miller, to approve Application EA-2004-11 (Vote: 5-0-0) Motion by Vice Chair Wong, second by Com. Miller, to approve Application Z-2004-01 (Vote: 5-0-0) Motion by Vice Chair Wong, second by Com. Miller, to approve Application U-2004-10 with the following conditions: staff to look into the traffic mitigation; connectivity with other developments such as Menlo Equities and Hewlett Packard project; the applicant shall prepare a tree care program for retained trees as well as new landscaped trees; also look at the circulation plan especially the moving vans for apartments and how that circulation will go; management suggested they will also look at the peak hours of the shopping of the retail that goes in the circulation plan; also condition to improve the east elevation looking at Menlo Equities, and also want more details regarding the ellipse at Wolfe Road and Valleo Parkway; (Vote: 5-0-0) Vice Chair Wong: · Supports the applicant regarding the 12 feet, there are some ins and outs, averaging about 14 feet; her explanation about architect was well taken. Ms. Wordell: · Clarified that the trees that will be saved will be the outer row of Ash trees along the Rose Bowl site; the inner row of Ash trees will be removed on the Rose Bowl site along Wolfe Road; both rows of Ash trees along Vallco Parkway will be removed and both rows of Ash trees and those in the construction footprint on the Wolfe retail site will be removed. The only trees remaining will be the Wolfe Road outer row of Ash trees. · Noted that some of the conditions in the motion were already conditions; move in/move out plan is new; a tree care program is new; the idea of more specific information about how the intersection is going to work is already included. Vice Chair Wong: · Want to see a plan for peak hour traffic during the retail Christmas and holiday seasons; what kind of plan they would have to control or mitigate the traffic for retail; and coming in/coming out for the housing. · Asked how traffic mitigation would be addressed if it was already in the staff report. Ms. Wordell: · There is no traffic mitigation proposed; before it goes to City Council staff will take a closer look at the assumptions and methods of the background conditions as to why it showed the background conditions going to those lower levels; but the project does not need any traffic mitigation. · Staff does not support having Wolfe and Vallco Parkway stop with all the pedestrians walking. Mr. Piasecki: · Public Warks spoke to that as lowering level of service even further and causing a lot of confusion in the particular setting. / 2 ~(ó& Planning Commission Minutes 26 August 23, 2004 Ms. Wordell: · There is a condition that calls for the ellipse to be handled differently, which would be to pull back the residential use and look at the idea of some sort of an atrium or some way of allowing the edge of it to be lit and exposed and not subject to people pulling shades. · If you don't want to do that you would need to change it and you might say to have them bring back how that edge will be treated; the architect talked about being able to handle it with special shades or something similar; that needs to be addressed. · You will need to change it if you don't want the specific suggestion there now. · She read the text regarding 'ellipse feature' from the staff report. (Page 3 of the resolution for the use permit, Condition 7, 11th bullet, Page 5-13 of the staff report.) Vice Chair Wong: · Asked if staff was suggesting it be a commercial center? Mr. Piasecki: · There are two options; you could either incorporate it into commercial on the ground floor similar to what Borders does with the upper levels; alternatively it can be opened up to a big clear space and atrium with a grand appearance. It is a good architectural element, but not appropriate for residential. · The two options are: (1) Leave the wording as is, which the applicant may not like, or modify it to say that they have to come back and demonstrate how the ellipse will work, which is a softer version. (2) Eliminate it; in which case you would be buying the applicant's concept of using it residentially. Vice Chair Wong: · Said he would allow the flexibility for the applicant to prove that is why it is for residential, but was open to colleagues' comments. Com. Miller: · Said he had some concerns about the residential use, but was open to allowing the applicant to come back and address those issues appropriately. Chair Saadati: · Said if it was overlooking an ocean or a forest, it would be different, but it is looking down on two lane traffic and his own personal opinion would be that he would not want to live there. Com. Miller: · It is in the applicant's best interest to do that, because if he designs something that nobody wants to live in, no one's purposes have been served. Second: Com. Miller Com. Miller: · Asked if they were asking the applicant to take another look at the intersection of Vallco Parkway and Wolfe Road? Ms. Wordell: · That will be at the next stage; but he is not getting off at doing that at a later stage. r:L -I D 7 Planning Commission Minutes 27 August 23, 2004 Com. Giefer: · For clarification prior to voting, a few of us made comments with regards to the space between the townhomes and the wall in front of them; is that something that should have been a condition of this, do we want to see a change there. Ms. Wordell: · Said that it is covered in one of the architectural and site design bullets: "auto circulation adjacent to townhouses, demonstrate an attractive interface between parking structure and residences." Com. Giefer: · With the vague language, that should be enough to address that or reduce units if necessary to address that. Ms. Wordell: · If the applicant came back with something that was not deemed sufficient, they would have to come back with something more radical. Vote: (4-1-0; Com. Chen voted No) Motion: Motion by Vice Chair Wong, second by Com. Miller, to approve Application ASA-2004-14, change conditions accordingly to match what was done with the nse permit, where they need to be_ Vote: (4-1-0; Com. Chen voted No) Motion: Motion by Vice Chair Wong, second by Com. Miller, to approve Application M-2004-06 (4-1-0; Com. Chen voted No) Vice Chair Wong: · Commented that he knew the applicant doesn't have to do any traffic mitigation because they are in this redevelopment project; but said he hoped he would take into consideration the concerns ofthe Planning Commission regarding traffic mitigation efforts. · Said it was a compromise, as he did not support having parking on Vallco Parkway, but overall the project was very good. OLD BUSINESS: None NEW BUSINESS: None NG COMMISSION: Environmental Rev' w Committee: · Com Chen re rted no meetings have been held. Honsin Co Isslon: · Com. 'efer reported that the August meeting was cancelled. Ma or' Monthl Meetin With Commissioners: Vic Chair Wong reported: Many commissions cancelled the meetings except for the Planning Commission. (2-106- SF?~qIÀL .USE PERMIT Sl.lBMITTAL PACKAGE "ROSE BOWL" SITE & WOLFE ROAD RETAIL DATE: 06-1 1-2004 REVISED: 08-1 7-2004 ~ål1~r~hion Parle CUP;E:RTINO, CALIFORNJA LANDMARK . PROPERTIES ~AGE1vfENT ,-··";1 . Valleo' fáshlon Park *r;L · ¡Ý~ J: ~ II -- VALLCO FASHION PARK ROSE BOWL SITE CUPERTINO. CALIFORNIA LANDMARK PROPERTIES MANAGEMENT I!III Perkowitz + Ruth ' ~'; c...""" ARCHITECTS 15 CorporatE Plaza, Suite 200, Newport Beach, CA 92660 CjdS 0) 5f2j 628 SUÚCi Lcm:; Bf2ðChCA 702] 8S2 8500 Las Vega'. r\lv 03 J 3900400 Washington, DC ROSE BOWL PERSPECTIVE SHEET 01 www_prarchitects.com 03-288.16 OR 503]4789900 Portl¡md PROPOSED 5 - LEVEL PARKING STRUCTIJRE 1338 STALLS -..J PROPOSED 4 - STOREY HOTEL 120 ROOMS 244 STAll..S STRUCTURED PARKING = ~ - ~ 2 Q ~ ffi ~ < -- R " D Q ;> ~-' -\:1 OJ OJ '" U --./ -ì '" ~Z OJ ~;> OJ .... '" BLVD o > . EÐ WOLFE RD. CAMPUS PLAN SHEET 02 BOWL SITE ROSE Dilte;08-1 1-04 03-28816 www.prarchitects..com 478.9900 Portland, OR 503 [703] 390.0400 Washington, DC Las Vegas, NV FASHION PARK· CUPERTINO, C....LlFORNIA LANDMARK PRCØ'ERTIES MANAGEMENT - --- lD1l3 Ncrttwü!l~ ~:>o1d. >"'e2û3C. C"o."'n~_. (I<. '6 (562] 6288000 Long Beach CA (702) 852.8500 /I VALLCO VICINITY MAP æ [949) 721.8904 600' 5 Corporate Plaza, SUite 200, Newport Beach, CA 92660 5 50' 100' 200' 300' :»erkowitz + Ruth ARCHITECT WOLFE ROAD RETAIL PROJECT SUMMARY June 02, 2004 ROSE BOWL PROJECT SUMMARY June 02. 2004 182.5' 182.0' 6 stalls (see attached parking summary) 10am-10pm nla Retail P Commercial Residential PROPOSED Area contingent on property purchase Area contingent on property purchase 36.260 s.l. 0.80 2 45' EXISTING 87,647 s.l. (2.01ac.) PROJECT SUMMARY ITEM Gross site area h o 30 50 45.524 s.l. (1.05ac.) nla Parking nla P Commercial Residential 27,395 s.l. 600s.l. nla Os.l. 1,600s.l. 37,935 s.t. 7.590 s.l. nla nla nla Paving area Landscape area Residential Private recreation area JCPenney GROSS SITE AREA 1-- >- <i $: '" 0:: <i I>- o Ü ..J ..J <i > '" o ~ 1 in ~ ~ o nla nla nla 181.0' 182.0' nla nla 83 stalls 304' 360' in ~ ~ '" o ~ Net site area Building area Floor area ratio Number Height Building pad elevation Curb eievation Number of employees projected Number of seats Parking Hours of operation Existing use Proposed use Zoning designation General Plan designation PROJECT SUMMARY ITEM EXISTING PROPOSED Gross site area 325.496 sJ. same (7.47ac.) Net site area 255.395 s.l. same (5.86 ac.) Building area 0 381.540 s.l. Floor area ratio nla 1.49 nla S + lower level Number of stories parking Height nla 60' Building pad elevation 174.0' 180.0' Curb elevation 179.5' 179.5' Number of employees projected nla 50 Number of seats nla 100 Parking 657 stalls 1398 stalls Hours of operation nla 7am-11pm Existing use Parking nla Proposed use nla Mixed-use retail Zoning designation P (CG. ML, O. P (CG, ML, 0, Hotel) Hotel) with special use permit for residential General Plan designation Office, Office, Industrial, Industrial, Commercial, Commercial, Residential Residential Paving area 212,610 s.t. 46,905 s.l. Landscape 42.185 s.l. Ground level 24,780 s.l. Third floor courtyards 29.860 s.l. Residential nla 204 total DU 1 BR 33 2BR 121 3 BR 33 4 BR 2 Townhouse (3 BR) 15 Shared garden courtyard area nla 29.860 s.l. Shared east pergola deck area nla 2,000 s.l. Common usable area 31.860 s.t. (H.O.T.C. requires 150 s.l.IOU = 30,600 s.l.) Private outdoor space (balconies & terraces) 13,590 s.l. (H.O.T.C. requires 60 s.l.IOU = 12,240 s.l.) Common recreation area nla 3,800 s.l. of stories ;:; ~ in ~ 190' ~z 387' ~.---~.._~.._~.-.._. 170.5' 225.25' WOLFE ROAO j: . ~i o ~ ~ - '" ROSE BOWL SITE 361 SITE PLANS 8< PROJECT SUMMARY 7-04 SHEET 03 Date:08 16 03-288 www_pran:hitects.com [503] 478.9900 Portland, OR ffi VALLCO FASHION PARK ROSE BOWL SITE CUPERTINO, CALIFORNIA i\J LANDMARK PROPElt!1ES MANAGEMEtIT O' 50' 100' 150' 300' - VilllCDFashIonPark Perkowitz + Ruth W1l3Nor111Wotr.Ii.<>a<1.S",.21)3G.Cupenm.CA9';Q14 ARCHITECTS 15 Corporate Plaza, Suite 200, Newport Beach, CA 92660 [949] 721 8904 {562] 628.8000 Long Beach CA [702J 852.8500 Las Vegas, NV [703] 390.0400 Washington, DC PROPOSED 50 UNITS SINGLE FAMILY DETACHED RESIDENTIAL 71 ../;-/ /// / / / / )TEL UCTIJRED PARKING PROPOSED PARKING PLAN SHEET 04 32STAu..s ON PERIMETER ROAD CJöLJLJG~ -JI \ ~ ~ L£l~uCJL]C:JéJJbuuuCJD PROPOSED 5 - LEVEL PARKING STRUCfURE 1338 STALLS u 52L.lJOcµÖ - '~--. R <NG\ ~\t-·- .. I~- . F±if L D ~ - ...,~- --::- rr--~ 03-288.16 prarchitects..com www. !S03] 478 9900 Portland, OR ~.¡~o~ 1=11' '/ _.__2 .. STALLS (ONVAU.CQPKWY., VICINITY MAP æ VALLCO FASHION PARK ·ROSE BOWL SITE CUPERTINO, CALIFORNIA ~ LANDMARK PROPERTIES MANAGEMEIIT - 50' 100' 200' 300' 600' vaIcoFashionParlt )erkowitz + Ruth IOlnJ1'Y1~'W,,", ·3i;·cu¡¡;>.ninc,(A9S()j4 ARCHITECTS 15 Corporate Plaza, Suite 200, Newport Beach, CA 92660 [949J 721.8904 {562] 628.8000 Long Beach CA [702J 852.8500 Las Vegas, NV 17031 390.0400 Washington, DC SEARS AlITOCENTRE ::::::! ,,~. c '" P- ~ [{ ~ ~----¡j If EXSTG ~A~~~ F--------z¡ rs---- '1 ~-----____11 ~F--~ rtrÌI ..6",,- SEARS D i , P t \ ~ ~ c > ~ = ~ w w ~ u 00 z w > w .. 00 ------I " o . œ NORTH ROSE BOWL SITE SECTION SHEET 05 www.prarchitects.wm 03-288.16 Date:08·17·04 JC PENNEY [503]478.9900 Portland, OR ( .:: VAlLCO PKWY ROSE BOWL SITE [703] 390.0400 Washington, DC NV ,.",' ROSE BOWL SITE FASHION PARK· CUPERTINO, CALIFORNIA LANDMARK PROPEImES MANAGEMENT - ValIroFashionPart 1û1BNo<1I,Wol(~I\Md.s.."ir¡30,C~io' [702) 852.8500 Las Vegas, CA "'''.'~:''',>.\: 628.8000 Long Beach ,"~::' f~:l t ~ ;i ~:"'·;)"~·--·",N' [562 PROPERTY VALLCO 8904 [9491 72 MENLO Corporate Plaza, Suite 200, Newport Beach. CA 92660 15 SOUTH 300' 150' Þerkowitz + Ruth ARCHITECT · RELOCA~7 BUS STOP ROSE BOWL FIRST FLOOR PLAN SHEET 06 Dale:O&-11-04 03 lE8 16 com chl1ec pral www 1503] 478 9900 Portlar¡d, OR i VALLCO PARKWAY I I EXS: ¡URFACE PARKING VALLCO FASHION PARK -ROSE BOWL SITE CUPERTINO, CALIFORNIA LANDMARK PROPERTIES MANAGEMENT II1II VilkDFashiOl1Pa11: 10123 "'<><1hWo!l, C"",-'\IM, f./l "'-iiJl'¡ 15 Corporate Plaza. SUIte 200, Newport Beach, CA 92660 [949J 721.8904 [562] 628.8000 long Beach CA [702J 852.8500 Las Vegas NV (703J 390,0400 Washington, DC jj \.Ii 50' 100' lerkowitz + Ruth ARCHITECT \ \. ~ ( o « o (t W LL .J o 5: c ROOF BELOW SEE CIVIL DRAWINGS PARKING EXSTG. SURFACE VALLCO PARKWAY EXSTG. SURFACE PARKING n ROSE BOWL SECOND FLOOR PLAN ROSE BOWL SITE FASHION PARK CUPERTINO, CALIFORNIA VALLCO EB SHEET 07 -0' D~t€:06 03-28816 prarchi1€'cts.com www 478Y900POJ\I¡md, OR 1503 DC 7031 ?90 0400 Washing1ol-' NV Vega 8500 Las 852 LANDMARK PROPERTIES MANAGEMENT - VilUroFashionPilr< "",;,<:c","_,",,,¡:,·,,'r,-,,,,, 1702 628.8000 Long Beach CA 562 89(14 < 9<1~; 5 Corporate Plaza, Suite 200. Newport Beach, CA 92660 5 )' 50' 100' Perkowitz + Ruth ARCHITECT \. \... f c J DECK 35' DECK ¡¡., B DN ,% - 172 PARKING I STALLS SEE SECTION - SHEEr (20) - 0202' A UP ,% , , , n ROSE BOWL THIRD FLOOR PLAN SHEET 08 www prarchitects com 0328S1E Date.:08·17-04 478_9900 Portland, OR 1503 ROSE BOWL SITE DC IngWn 3900400 W¡¡<;I ;70 NV Vegas, 852 8500 La~ FASHION PARK CUPERTINO. CALIFORNIA LANDMARK f'ROPERTIES MANAGEMENT - \l3ljroFashionPirl:. '-C'.' ,;'.;; 6188000 Long Beach (A 17021 (562 VALL CO 9<1gl7218'::104 CA 92660 5 Corporate Plaza, Suite 200, Newport Beach æ 50' 100' )erkowitz + Ruth ARCHITECT \ ( ~ ROSE BOWL FOURTH FLOOR PLAN SHEET 09 03-2881£ =)) www prarc.hitects_COnl 503] 478 9900 Po'1I<1nrJ, OR ,% ¡::~ ~ ~ 141 PARKING ~.. STALLS 1 I _ I , 0212' J 1IIIi. ,~~ ~ iii I I _ - - n - VALLCO FASH ON PARK ROSE BOWL SITE CUPERTINO, CALlFORNLA LANDMARK PROPERTIES MANAGEMENT .. Vilk:c Fashion Park ',-,,, ·Fi 5 Corporate Plaza, Suite 200, Newport Beach. CA 92660 194911)18404 [562] 628 8000 Long Beach CA 7021852. 8500 Las Vegas. NV 703J 390.040Q Washington DC æ "\Ii 50' 00' fterkowitz + Ruth ARCHITECT AREA WELL FOR NATURAL LIGHT & VENILATION I l UP >- , 5% I - J A TRJUM TO 553 PARKING ATRßJM UP MARKET . STALLS ATRIUM TO TO WOLfE ROAD -I rm ANCHOR -i - 0]70' iR - -1 t -1 -ELEVATOR PIT ".,..,_.,~-~--. '~~"""""""-~ ;;:.--.;-,...--- '- ; -'ilft,~---~ ,,~- '51'. -'iø'-,,:~;~~ .'-'CO:' -:>0"'" jj VALLCO FASHION PARK -ROSE BOWL SITE CUPERTINO, CALIFORNIA ~ LANDMARK PRa'ERllES MANAGEMENT 50' 00' III vaJIc:oFastjooP3r\( terkowitz + Ruth "J1;>Jt"<Jf1hV¡oIio (uf'f'l",-,U'95'''' ARCHITECTS 15 Corporate Plaza, Suite 200, Newport Beach, CA 92660 [949ì 721 8904 /5621 628.8000 Long Be-ach CA [702] 852.8500 Las Vegas. NV [703] 390.0400 Washington, DC 1503) 478.9900 Portland, OR ROSE BOWL LOWER LEVEL PARKING LEVEL PLAN SHEET 1 1 www.prarchrtects.com 03-288.16 Date:08,17-Q4 OlJfE~ROW OF E TING TREES T REMAIN o "-- « o ~ ~ i.l. ...J o 5: u TREES RELOCATED DUE TO GRADING ~ ..." . 1:0 . 1~ 0: \ l'9~ ~:.:, / ,,0:.. o \ ....J I' I -J~ 1 ?L ...."'.................- ~ \ . Or 7~ " \ ~ - I ... . ~ c' f < ' ï":-....:;¡,--~~--- PROPEM-LINE /l \ 1 \ _______ ) l" L, ,~,. __-..----~- ... _ ...c r ~-" F. - ~------ ~ - / ______ > < r - ,,' _____ ... 0 < =._~______. '< J " .', .. ._..~..- -,-,' < -r .' -----~ OJ. ¡So ~I C"" ~t: C<f " /i · · SERVICE DRIVE '- . '-.................J' '-....r" ; ~ \ r , . " rr_ ..........r I.. ~ ¿ ! \ r~ l , ~- r-- , ( I ',J ¡ J .J...............,.....-.rv- , \ _ J , 1-... ! , '-....- J, " \ , , ) J" r- ( , ( , t \ , , J , ( )IALL EXISTING TREES & SHRUB ~ / IN PARKING LOT REMOVED '_ J r..rf"''''''' r '- I ." / \ , , ...,.V'-........,...,...~ \ "'............"....".J -~ \ < l_~ ( ( - ...., ( ,_ J" (-) ) "I......,.........r-..,......"\.. , \ 1". .J A..".""-"...,,...,J , ) , . , ) ¡ - ( ) ( , , ) , , ~ ~ \ c 1 ~-" ~- ~ -- - ~ , , , , '- l l t f -~ r r " ... '- ( ( ; > ( I , , I t ...~ - \ ( '- ) , < ) ) J , ... -J , ( \ , ( r ; , - \ / , . , ) ) ( ( r \ , , f \ \ r ( \ , ( < J , , J " , f .. ( ( ( r_ .. \ I r......,..............""""-,J l " '-'-........"\.....J ¡ ( J" ( , ) ) \ , , , J - " - r '- r-r- \. \ "".r ..... f """f'" ,., ~ ( , ( " ................... \ '-...........1"" J ,/' )......J'" J ,- .r- r- '<... J" - ~- r " '- f .....r" ,..- / ' ~ ~ " , ~r 1 J ( , \... , I / I , , - \ " -' " - , -' J -' - -' .,'-, =-+;' I \ _ -1 c -,,:~--4-1- ,_/, / _/ - - ~ ~ ..... Î \ ~ ~ \/ I -----LL '-____. __4-__~-_ C> 1\ , v _ _/ , / \./ .... - , - - -, -' - , , \ I ....- I \ - \i . 1/ o/~~.., - \ " I -:-, ~~" · · , " \ " " - . . I . I 1"-"-"-'- '- · I · · -. PARKWAY VALLCO PROPOSED EXISTING TREE TO REMAIN PROPOSED EXISTING TREE REMOV AL 00 r I ' _J ROSE BOWL TREE REMOVAL PLAN SITE BOWL ROSE FASHION PARK CUPERTINO, CALIFORNIA VALLCO SHEET 12 LANDMARK rncI'ERTIES MANAGEMENT - VaIKD Fashion PafI:: N.;¡r1hWcll~R~!d,''-''1£1'J>O.C"~' -M Date:08 Q3-28816 www.prarchitects.com OR (503) 478.9900 Portland 1703) 390.0400 Washington, DC NV Vega , 1702] 852.8500 La '"' CA , [562J 628.8000 Long Beach .8904 (949] 72 92660 CA 5 Corporate Plaza, Suite 200. Newport Beach, 5 100' :terkowitz + Ruth ARCHITECT 50' o « o 0:: OUTER ROW OF EXISTING TREES TO REMAIN PROPOSED REI AIL EVERGREEN TREES ATINTERSECTJONS EXSTG. SURFACE P . ~ EXSTG. SURFACE PARKING EVERGREEN TREES AT INTER.SECTlONS& CURVE ROSEBOWLLANDSCAPEP~N ROSE BOWL SITE FASHION PARK- CUPERTINO. CALIFORNIA SHEET 13 ~04 ¡~'te,06-1 6 fiF ,Olr, I1ltl:'( '¡WW¡:Hi' R , c £in Q:!U( ~n [j( \Nashmgtnn 1703] 390.0400 NV 8528500 Las Vegas. 17021 LANDMARK PROPERTIES MANAGEMENT l1li VaI~Fashio!lPar1: 1',·,;fr'_R",,~, ;"0W' ;'(1;'; 'l;""H h CA , [562J 628 8000 lOl1g Bea; VALLCO 19491 f) i 890<1 æ 92660 CA 5 Corporate Plaza, Suite 200, Newpor1 Beach, 5 50' 100' f»erkowitz + Ruth ARCHITECT ~ TO PARAPET +232'.0" -t-:-----+.. I I _. '1 1 l 1 =....,--, -L___ _~ ... \ .- --' -~ i- .,. ~ - - - - - - - MATERIAL LEGEND - - - SMOOTH FINISH EXTERIOR PLASTER 5 SMOOTH STONE VENEER 9 FABRIC AWNING 13 DECORATIVE METAL FASCIA 17 CLEAR GLASS 21 TRANSLUCENT PANEL 2 LIME WASH FINISH EXTERIOR PLASTER 6 BRICK VENEER 10 STOREFRONT SYSTEM 14 EXTERIOR LIGHT FIXTURE 18 METAL CANOPY 22 ROMAN TILE ROOF 3 EPS TRIM WI EXTERIOR PLASTER 7 OECORA TIVE PRE-CAST CONCRETE 11 DECORATIVE METAL RAILING 15 WOOD CASED WINDOWS 19 BLADE SIGNAGE 23 4 ROUGH STONE VENEER 8 WOOO BRISE-SOLEIUSHUTTER 12 PRE-FINISHED METAL PANEL 16 SPANDREL GLASS 20 TENANT SIGNAGE 24 - - - VALLCO FASHION PARK -ROSE BOWL SITE ROSE BOWL NORTH ELEVATION CUPERTINO, CALIFORNIA LANDMARK SHEET , PROPERTIES 14 MANAGEMENT - 30' 60' valro Fashion PiIrt ~erkowitz+ Ruth IOIßNont1W<:Ji! (UPE"1I'<":,,gSD14 ARCHITECTS 15 Corporate Plaza, Suite 200, Newport Beach. CA 92660 [94917218904 [562J 628.8000 Long Beach CA 1702] 852.8500 Las Vegas, NV [703j 390_0400 Washington. DC [503J 478.9900 Portland_ OR www.pfarchitects.com 03-288.16 Date:08-11·04 , " ~ 1- - - - - 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 ROSE BOWL NORTH ELEVATION SHEET 15 www.prarchitects.com 03-288,16 Date:08-11-04 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOO BRISE-SOLEIUSHUTTER VALLCO 17 CLEAR GLASS 18 METAL CANOPY 19 BLAOE SIGNAGE 20 TENANT SIGNAGE --v ~ -0+- =-- - LEGEND - 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINDOWS 16 SPANDREL GLASS MATERIAL 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 OECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL I I~ 1.--c~ - . ....J NORTII ELEVATION 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLAS1ER 4 ROUGH STONE VENEER SITE BOWL ROSE FASHION PARK CUPERTINO. CALIFORNIA [S03J 4789900 Portland, OR 703) 390.0400 Washington, DC NV !)\NDMARK PROPERTIES MANAGEMENT - ViIIcc Fashion Part '':¡)BNMI,Wt>.1.Roart>un.103~,(uperl",,,,CA9S01 [702] 852.8500 Las Vegas. !562] 628.8000 long Beach CA 8904 [949] 72 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, 60' S 30' terkowitz+ Ruth ARCHITECT 9 8 12 17 o TO PARAPET +242'-0" o 5th FLR. +222'-0" o 4th FLR. +212'·0" o 3rd FLR +202'-0" \ , , ROSE BOWL WEST ELEVATION SITE BOWL I I I ---------- ROSE I I I ---------- FASHION PARK CUPERTINO, CALIFORNIA VEl. VALLCO SHEET 16 LANDMARK PROPERTIES MANAGEMENT .. vallro Fashion Park W{ Ij,Rr.>j',"I-)i·,)r,.("<;/<' -04 Date:06 03-288.16 wWVII.prarchitects.com 4789900 Pùrtland, OR 1503] [7031 390.0400 Washington. DC NV Vegas. ,. P02) BS2 8500 La ,. [562J 628.8000 Long Reach CA 0' 8904 7 1949 CA 92660 5 Corporate Plaza, Suite 200, Newport Beach 60' S 30' 'erkowitz + Ruth ARCHITECT / 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 ROSE BOWL SOUTH ELEV ATJON SHEET 17 www.pran::hitects_com æ-28816 Date:oa-jl-04 17 CLEAR GLASS 1 B METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE LEGEND 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 ...~~- ~._-_.."., 16 ~.""""L.I ....".......... .....DOWS MATERIAL 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOO BRISE-SOLEIUSHUTTER o T.O. PARAPET +242'-0" SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER [503] 478.9900 Portland, OR SITE 0400 Washington, DC BOWL [703] 390 ROSE NV Vega' La, [702) 852.8500 PARK CUPERTINO, CALIFORNIA LANDMARK PROPERTIES MANAGEMENT - VaIIcoFashionP;1rt W"""ROQd,''''1~2030,(up.'''''''. [562] 628.8000 long Beach CA FASHION VALLCO 8904 [949J n CA 92660 5 Corporate Plaza, Suite 200, Newport Beach, 60' 30' )erkowitz+ Ruth ARCHITECT ~ TO PARAPET +232'-0" ~ SmA ~:__ ~ +222'.-41" :<;;c.: J(Z:::\'·~,--· 03-28816 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 ROSE BOWL SOUTH ELEVATION SHEET 18 www.prarchitects.com 7 - - MATERIAL LEGEND - SMOOTH FINISH EXTERIOR PLASTER 5 SMOOTH STONE VENEER 9 FABRIC AWNING 13 DECORATIVE METAL FASCIA 17 CLEAR GLASS 2 LIME WASH FINISH EXTERIOR PLASTER 6 BRICK VENEER 10 STOREFRONT SYSTEM 14 EXTERIOR LIGHT FIXTURE 16 METAL CANOPY 3 EPS TRIM WI EXTERIOR PLASTER 7 DECORATIVE PRE-CAST CONCRETE 11 DECORATIVE METAL RAILING 15 WOOO CASED WINDOWS 19 BLADE SIGNAGE 4 ROUGH STONE VENEER B WOOO BRISE-SOLEIUSHUTTER 12 PRE-FINISHEO METAL PANEL 16 SPANDREL GLASS 20 TENANT SIGNAGE - VALLCO FASHION PARK ·ROSE BOWL SITE CUPERTINO, CALIFORNIA I LANDMARK PRC1'£RT1ES MANAGEMENT - )' 30' 60' VaIi:OFas:hb1Pa11:: Perkowitz+ Ruth I()1(JNO'thWoil<liOi!d.s.....,mo.cU\Jl'I1""i.CA950U ARCHITECTS 15 Corporate Plaza, Suite 200, Newport Beach, CA 92650 [949} 721.8904 !562J 628.8000 Long Beach CA [702J 852..8500 Las Vegas. NV [703) 390.0400 Washington. DC IS03J 478.9900 Portland. OR 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 ROSE BOWL EAST ELEVATION SHEE:T 19 W\fllw.prarchitects.com 03-28616 Date:08-11-û4 7 CLEAR GLASS 18 METAL CANOPY 19 BLAOE SIGNAGE 20 TENANT SIGNAGE - , - MATERIAL LEGEND - - 1 SMOOTH FINISH EXTERIOR PLASTER 5 SMOOTH STONE VENEER 9 FABRIC AWNING 13 DECORATIVE METAL FASCIA 2 LIME WASH FINISH EXTERIOR PLASTER 6 BRICK VENEER 10 STOREFRONT SYSTEM 14 EXTERIOR LIGHT FIXTURE 3 EPS TRIM WI EXTERIOR PLASTER 7 DECORATIVE PRE-cAST CONCRETE 11 DECORATIVE METAL RAILING 15 WOOO CASEO WINOOWS 4 ROUGH STONE VENEER 8 WOOD BRISE-SOLEIUSHUTTER 12 PRE-FINISHEO METAL PANEL 16 SPANOREL GLASS - FASHION PARK ROSE BOWL SITE CUPERTINO, CALIFORNIA LANDMARK PRCI'ERTIES MANAGEMEIIT - val CDFashk:InPafi< t"",~,Wall.Ro;od, ;...1.2n3(1.(~peI1ino CA9')O VALLCO [503) 478.9900 Portland, OR [703] 390.0400 Washington, DC NV [702] 852.8500 Las Vegas. [562] 628.8000 Long Beach CA 8904 [949J 72 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, 100' , I' 50' Perkowitz + Ruth ARCHITECT 30' ROSE BOWL SECTION - PARKING GARAGE AT TOWNHOUSE SHEET 20 TOWNHOUSE -:..r.".... BOWL SITE [703] 390.0400 Washington. DC FLOWER BOXES _~~~;~~~~~;d~žt~~~;;~liJ!~0~~~~~~;:C:~'= FASHION PARK· CUPERTINO, CALIFORNIA LANDMARK PROPERTIES MANAGEMENT II1II Vahc:oFaShiooPart Nurm WoIf"~,...d ".its 1ü~O. (~P"'-""oC' [562] 628.8000 Long Beach CA [702] INTEGRAL PLANTER @ PARKING GARAGE FREE - STANDING PLANTER ROSE CABLE LA TICE WITH IVY PARKING GARAGE VALLCO ~ \ -, í'"~\\1 -. " 10' 10' 7-04 Date:08- 03-288.16 .prarchitects.com ~ [503J 478.9900 Portland, OR NV Vegas, . 852.8500 La 8904 72 1949J 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, BO' s Perkowitz + Ruth ARCHITECT TOWNHOUSES BEYOND RESIDENTIAL ORCULATlON RESIDENTIAL WBBY COURT SECTION - A PROPERTY LINE SECTION - B :RE: TOWNHOUSES BEYOND ~ T.O.PARAPET +232'-0" ~ 5111 FLR. +222'-0" ~ 4111 FLR. +212'-0" ~ 3nJ FLR +202 '-0" . . o EXSTG. G~ 172'.0" I 0l.1.PARKING 170'-0" V Al.1.CO PARK\\ EXSTG. GRADE ROSE BOWL SECTIONS SHEET 21 www.prarchitects,com 03-288.16 Datt':G8-11-04 !503] 478.9900 Portland, OR VALLCO FASHION PARK ROSE BOWL S TE CUPERTINO, CALIFORNIA LANDMARK I'RCfB<1lES MANAGEMENf 20' 40' - V¡lIroFashionP¡nt Perkowitz + Ruth lOin N"'l~ If/r.iJ. ROad. SlJI\!- 2(;30. c""..,.~""', rA 9"'-'I~ ARCHITECTS 15 CorpOrí,lte Plaza, Suite 200, Newport Beach, CA 92660 [949J 7218904 1562J 6288000 long B€ach CA 1702J 852.8500 Las Vegas, NV 1703) 390.0400 Wash¡nglO!1, DC r--.c:... - ~ " ROSE BOWL SECTION SHEET 22 BOWL SITE SEE DETAIL SECTION SHEET (20) VALLCO FASHION PARK ROSE CUPERTINO, CALIFORNIA LANDMARK I'RCPERllES MANAGEMENT - VaIk:oFashOOPart 1{\'n,",,~,WOI~ ;;o¡Id,.,ilt203Q,(upMin-~_:Ag5D' D¡¡te:08·11-04 03"288.16 .prørchit~cts.com ~ [503J 478 9900 Portland, OR [703] 390.0400 Washington, DC NV Vegas. la; [702] B52.8500 CA [562J 628.8000 Long Beach 8904 [949] 72 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, tS1 T.o. PARAPET 232'.()" tS1 SthFLR. 222·'()·· ~~~2! ,-..,-- SECTION - C - PARKING SECTION - ( .....J )' 40' Perkowitz + Ruth ARCHITECT ./'""'" ~ ~ ¡¡ 2 5. l ;J: - - ~ ~ - I-BEDROOM APARTMENT CONCEPT "í . . ~- ~. . [, .-~ - , If =;ì: --. ~ Q10D , D. 2-BEDROOM APARTMENT CONCEPT o tj-E ,~ '. -. . ~ O\~ .~ UNIT FLOOR PLANS SHEET 23 www.prarch¡tects.r.:om 03·28B.16 Date:06 -04 3-BEDRooM APARTMENT CONCEPT !503] 4789900 Portland, OR Ol~ 2-BEDROOM FLAT CONCEPT VALLCO FASHION PARK-ROSE BOWL SITE CUPERTINO, CALIFORNIA LANDMARK PROP£RTIES MANAGEMENT - ValkDFashIonPark Nor1"WoII.Ro:r;r .:¡¡';,";W~O.(l' ><!fIIrl(J,U'95111 CA 92660 [703J 390.0400 Washington, DC Vegas, NV [702] 852.8500 La [562J 628.8000 long Beach CA 8904 f949J 72 5 Corporate Plaza, Suite 200, Newport Beach. 5 )' 8' 16' Perkowitz + Ruth ARCHITECT CINEMA ENTI<ANCE r- -- LOWER LEVEL WOLFE RETAIL FLOOR PLANS SHEET 24 L SITE VALLCO PARKWAY w ¿~ ~ ~ ~~ LINEDF I BLDGABOVE __" ---- . \. I OLFE RETA ROSE BOWL ~ LANDMARK PROPERTIES MANAGEMENT - II:I~CO F3st'icn Park 3 Nor1I, Wtiie~œd. 'IiI?2û30. (upMino, (A9>ü: !562) 628.8000 long Beach CA [702] 852.8500 La PARK· W CUPERTINO. CALIFORNIA SEE SHEET 28 LINE OF -BLDG FACADE ABOVE UPPER LEVEL - VALLCO FASHION SEE SHEET 28 æ "\Ii 50' 100' lJerkowitz + Ruth ARCHITECT Date:08-17-04 03-288.16 www.prarchitects.com 478.9900 Portland, OR !503 (703) 390.0400 Washington. DC NV Vegas, 8904 [949] 72 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, AMENTAL TREES - EXISTING TREES TO REMAIN OW SHRUBERY & LANTER BEDS TYP ISTING ISL;\ND TREES LANDSDCAPE PLAN WOLFE ROAD LANDSCAPE &TREEREMOVALP~N SHEE:T 25 www.prarchitects.com 03-288.16 D<lte:08-17 -04 ~vv EXISTING TREES TO REMAIN ORNAMENTAL TREES VALLCO PARKWAY EXISTING TREES TO REMAIN o ...: o e<: ¡.¡¡ µ. ....¡ \ I I - -- --- --:"\ " ¿0 w 1REE REMOVAL PLAN .......,\ ~11, , f'i-.... ( .!'~ ~'oI I \ . 1 'i', , ¡: \ o . 0' I :p( " , / ~" I .: \ 1,' I ... \ , I " I \ I I '/ - .- ., /,- T' . \ , , , ) .) , r ( ( ~ ~ , ~ ~-... r f , " - , , ~~ ( ¡ , ~ J L _ , , I ., , I.. "--. ~VV 0° o I - ~ !2 Ûð ~ PROPOSED EXISTING TREE TO REMAIN PROPOSED EXISTING TREE REMOV AL 00 r ,- 1\' -. J ~- j503] 478.9900 Portland. OR L SITE (703) 390.0400 Washington, DC I PARK -WOLFE RETA CUPERTINO, CALIFORNIA NV [702] 852.8500 Las Vegas, LANDMARK I'OCI'EImES MANAGEMENT - valmFashionPark CA [562] 628.8000 Long Beach FASHION VALLCO .8904 [949) 72 92660 CA Suite 200, Newport Beach, 5 Corporate Plaza, 5 EB 0' 50' 00' Perkowitz + Ruth ARCHITECT OU1LlNEOF MAil. BRIDGE I 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 17 CLEAR GLASS 18 METAL CANOPY 19 BLADE SIGNAGE 20 TENANT SIGNAGE 13 DECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINOOWS 16 SPANDREL GLASS MATERIAL LEGEND 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 8 WOOO BRISE-SOLEIUSHUTTER 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER [ L WOLFE ROAD RETAIL WEST ELEVATION PARK WOLFE RETAIL SITE CUPERTINO, CALIFORNIA FASHION VALLCO SHEET 26 LANDMARK PROPERTIES MANAGEMENT - IIaIIroFashiDnParl:. l{)l23NO'!I1Wo/IfIlQad.Suill'lC1JO,(l/Pf!niroJ J 60' Date:06-11-04 16 -288 03 www.prarchitects.com [503] 478.9900 Portland, OR [703J 390.0400 Washington. DC NV CA9S01 [702] 852.8500 Las Vegas. [562] 628.8000 Long Beach CA 8904 [949) 72 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, s )' 30' Perkowitz+ Ruth ARCHITECT LINE OF EXISTING MALL AT NEW CONSTRUCTION I EXISTING TRUCK DOCK BEYOND 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 WOLFE ROAD RETAIL EAST ELEVATiON SHEET 27 www.prarchitects.com 03·28816 Date.:OB-11-04 rl I I ~~ - - - 17 CLEAR GLASS 18 METAL CANOPY 19 BlADE SIGNAGE 20 TENANT SIGNAGE TE I L S I MATERIAL LEGEND 13 OECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOD CASED WINOOWS 16 SPANDREL GLASS WOLFE RETA PARK CUPERTINO, CALIFORNIA 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 DECORATIVE METAL RAILING 12 PRE-FINISHEO METAL PANEL FASHION 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-CAST CONCRETE 6 WOOD BRISE-SOLEIUSHUTTER VALLCO 1 SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER [503] 478.9900 Portland, OR [703 390.0400 Washington, DC [A9SQ1, 852.8500 Las Vegas, NV LANDMARK PROI'ERTIES MANAGEMENT - vaIIro Fashion Part: IO¡nrllr:<1hWoll~R<>d,Sui¡¡,203ù.(upenir!c [702] CA 1562J 628.8000 long Be-ach 8904 {949] 72 92660 CA 15 Corporate Plaza, Suite 200, Newport Beach, 60' S 30' :Þerkowitz+ Ruth ARCHITECT 2nd ~,..()" , 1st +181'-0" TRANSVERSE SECTION & NORTII ELEVATION 21 TRANSLUCENT PANEL 22 ROMAN TILE ROOF 23 24 1st +]82'-6" nd +200'-0" ;-\t_,.,~~,~:~:~~ ;~¡-:':7~ -- -'{ ,-"! l. ':(f,t ~_. / / / :' ;1 ./45 J / - 17 CLEAR GlASS 18 METAL CANOPY 19 BLAOE SIGNAGE 20 TENANT SIGNAGE LEGEND 13 OECORATIVE METAL FASCIA 14 EXTERIOR LIGHT FIXTURE 15 WOOO CASEO WINDOWS 16 SPANOREL GLASS SOUTH ELEVATION MATERIAL 9 FABRIC AWNING 10 STOREFRONT SYSTEM 11 OECORATIVE METAL RAILING 12 PRE-FINISHED METAL PANEL 5 SMOOTH STONE VENEER 6 BRICK VENEER 7 DECORATIVE PRE-GAST CONCRETE 8 WOOD BRISE-SOLEIUSHUTTER SMOOTH FINISH EXTERIOR PLASTER 2 LIME WASH FINISH EXTERIOR PLASTER 3 EPS TRIM WI EXTERIOR PLASTER 4 ROUGH STONE VENEER WOLFE ROAD RETAIL ELEVATION Be SECTION TE I L S I PARK WOLFE RETA CUPERTINO, CALIFORNIA FASHION VALLCO SHEET 28 LANDMARK PROPERTIES MANAGEMENT - y.¡¡Ia)FasNooParl: 101.13NorIhVo'(¡It._.SUito-l0;:G,Cup.."no. I 7"04 Dal~:08 03-28816 prarchitects,com _w 478.9900 Portland, OR ¡503 (703] 390.0400 Washington, DC NV Vegas. c, ['>95(11 {702] 852.8500 [562] 628.8000 Long Beach CA !91':19] 721.8904 92660 CA 5 Corporate Plaza, SuitE' 200, Newport Beach, 60' s )' 30' Perkowitz + Ruth ARCHITECT ROSE BOWL & WOLFE RETAIL COLOR PALLETTE PARK VALLCO FASHION CUPERTINO. CALIFORNIA SHEET 29 LANDMARK PROPERTIES MANAGEMENT - vaIIroFashioo Par~ fJorth Wolle ~œd. Slit<> 2mo.-, (ul><'1m, 7-04 Date:08· 6 03-288 www.prarchitects.com 1503) 478.9900 Portland, OR [703] 390.0400 Washington, DC Vegas. NV (A'!S(I 852.8500 La 1702 CA 562] 628.8000 Long Beach , 8904 [949J 72 92660 CA 5 Corporate Plaza, Suite 200. Newport Beach, , :terkowitz + Ruth ARCHITECT VALLCO - "ROSE BOWL" SITE PARKING VALLCO· WOLFE ROAD RETAIL SITE PARKING Stalls Notes 83 JCPenney parking lot on grade Ratio Unit Area REQUIRED Replace existing Stalls Notes 138 170 21 87 Ratio :248 s.t. :248 s.f. :248 s.f. :248 s.f. 1 1 1 1 Unit @ @ @ @ Area 34000 s.f. 42000 s.f. 5000 s.f. 21500 s.f. REQUIRED New Market New Anchor New restaurant New Streetfront retai 13 134 :248 s.t. :248 s.f. 1 1 @ @ 3000 s.f. 33000 s.f. New restaurant New Streetfront retal 230 TOTAL REQUIRED 408 DU 2 204 DU @ New Residential 824 TOTAL REQUIRED Total 6 25 PROPOSED Parking at new retail Street parking on Vallco Pkwy. Level Total 97 141 172 Includes 30 spaces in Townhol 187 189 553 Resid'l 97 141 172 Retail 187 189 553 PROPOSED LEVEL 5 4 3 2 1 P1 31 TOTAL SITE PROPOSED 1339 25 34 410 929 Street parking on Vallco Pkwy. Parking on Rose Bowl access road PKG.STRUCTURE 1398 TOTAL SITE PROPOSED PARKING/SQ. FOOTAGE TABLE ON I PROJECT TABULAT CALIFORNIA PARK CUPERTINO FASHION VALLCO SHEET 30 LANDMARK PRDI'ERTIES MANAGEMENT - VaIIroFIISt1IonPar\:: -04 Date:(I£- 03-288.16 www.prarc:hitects.com 1503] 478.9900 Portland, OR [703] 390.0400 Washington, DC [702) 852.8500 Las Vegas. NV 1562J 628.8000 Long Beach CA 8904 [949J 72 5 Corporate Plaza, Suite 200, Newport Beach, CA 92660 5 Þerkowitz + Ruth ARCHITECT SERVICE ROAD 20' ENLARGED WOLFE ROAD PLAZA PLAN SHEET 31 503] 478.9900 Portland, OR www_prarchîtects.com 03-288.16 Date;08 04 WOLFE ROAD FASHION PARK ROSE BOWL SITE CUPERTINO, CALIFORNIA LANDMARK PRCPERTIES MANAGEMENT ... vallroFastJonPa1: t¡orthWo!J.ROðCl""",103Ü.CW«1<>D.(A [703J 390.0400 Washington. DC NV [702J 852.8500 Las Vegas, [562] 628.8000 Long Beach CA VALLCO 19491721.8904 92660 CA 50' 5 Corporate Plaza, Suite 200, Newport Beach, s Perkowitz + Ruth ARCHITECT , ¡¡¡~'ii;::G! ....,.".~..-''^ f' i-r ."'.. . .~..., .....p1--:2.Zdf.:;:~~~ ¡ . .~ ./ J~ ",,,~. RESIDENTIAL PERSPECTIVE AT BRIDGE ROSE BOWL SITE FASHION PARK CUPERTINO, CALIFORNIA VALLCO l.J"NDMARK I'RDI'EImF5 MANAGÐ.IDIT II1II valcoFashion Parll lO'<3N"~11Woif¡,Rœd,;"~e2Q3r,,(uf>"'\O>ë CA SHEET 32 Date:08-17-04 03-28816 www.prarchí1ects..com j503J 478.9900 Portland, OR [703] 390.0400 Was.hmgton. DC NV 95f,\ 852.8500 Las Vegas, [7021 Long Beach [562] 628.8000 [949] 721.8904 92660 CA 5 Corporate Plaza, Suite 200, Newport Beach, s Perkowitz + Ruth ARCHITECT ;~I ~: 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 CITY OF CUPEIQ1NO Community Development Deparhnent SUMMARY Agenda Item No.D Agenda Date October 4, 2004 SUMMARY: Approve a modification to Use Permit (U-2003-04) and Tentative Map (TM-2003-02) to construct a 107-unit condominium project and 6,400 square feet of new retail space. RECOMMENDATIONS: The Planning Commission recommends: 1. Approval of Modification M-2004-07, in accordance with Planning Commission resolution no. 6274. BACKGROUND: The applicant received approval frorn the City Council on December 15, 2003 for a mixed-use project consisting of 107 units and 6,400 square feet of retail space. The approval did not specifically approve the project as a condominium project, and this application is meant to correct this. The Subdivision Map Act does not require the applicant to provide the detailed layout of the condominium units. It is sufficient to state on the tentative map that the project is a condominium project. DISCUSSION: Planning Commission: On September 27, 2004, the Planning Commission reviewed this request and approved based on Resolution No. 6274. Commissioners were interested in requiring the applicant to provide pedestrian easements with neighboring properties to the north and east. Staff informed them that the original approval included a condition requiring this, and that past condition remains in effect. Public: Nobody from the public spoke on this item. Environmental: Since the proposed change will have no additional environmental irnpacts, the original environmental action frorn 2003 will cover this modification. No action is needed on EA-2003-09. Printed on Recycled Paper 15-{ M-2004-07, EA-2003-09 October 4, 2004 Page 2 Enclosures: Planning Commission Resolution Nos. 6274 Planning Commission Staff Report dated 09/27/04 Initial Study (informational oilly) Negative Declaration (informational oilly) Plan Set Prepared by: Peter Gilli, Senior Planner Submitted by: Approved by: df-~ ~~'IÛAJ ~ David W. Knapp City Manager Steve Piasecki Director of Community Developrnent (J-J.. M-2004-07 CI1Y OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6274 OF THE PLANNING COMMISSION OF THE CI1Y OF CUPERTINO RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT AND TENT A TIVE MAP TO ALLOW A PREVIOUSLY APPROVED MIXED USE PROJECT TO BE A CONDOMINIUM PROJECT. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: M-2004-07 (EA-2003-09) Jane Vaughan (Menlo Equities) 10050 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification of a Use Permit and Tentative Map, as described in Section I 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 General Plan and the purpose of this title; 3. The proposed condominium subdivision is consistent with the General Plan and the Heart of the City Specific Plan. 4. The site is physically suitable for the condominium subdivision at the proposed density. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of rnaps, facts, exhibits, testimony and other evidence submitted in this matter, application no. M-2004-07 is hereby approved; and {J.-J Resolution No. 6274 Page 2 M-2004-07 September 27, 2004 That the subconc1usions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application M-2004-07, as set forth in the Minutes of the Planning Commission Meeting of September 27, 2004, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED AMENDMENT The project shall be subject to the conditions of approval in this resolution and in the City Council action letter dated December 17, 2003 for 2-2003-02, TM-2003-02, U- 2003-04, EXC-2003-06 and EA-2003-09. 2. APPROVED EXHIBITS Approval is based on the plan set entitled "Tentative Map" by Dahlin Group, except as may be arnended by the conditions contained in this approval. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you rnay protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period cornplying with all of the requirernents of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 27th day of Septernber 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development G: \ Planning \ PDREPOR T\ RES \ M-2004-07 res.doc /s/ TaghiSaadati Taghi Saadati, Chairperson Cupertino Planning Commission /]-L{ CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2004-07, EA-2003-09 Applicant: Jane Vaughan (Menlo Equities) Location: 10050 N. Wolfe Road Agenda Date: September 27, 2004 Application Summary: Modification of a Use Permit (U-2003-04) and Tentative Map (TM-2003-02) to construct a 107-unit condominium project and 6,400 square feet of new retail space. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. The Use Permit and Tentative Map Modification, file nurnber M-2004-07, in accordance with the model resolution; BACKGROUND: The applicant received approval frorn the City Council on December 15, 2003 for a mixed-use project consisting of 107 units and 6,400 square feet of retail space. The intention was for the residential units to be condominiums, as cited in the attached minutes. However, the Use Perrnit and Tentative Map did not specifically approve the project as a condominium project. The intent of this application is to explicitly allow the condominium subdivision. DISCUSSION: This application does not raise any new issues that were not reviewed with the original Use Permit and Tentative Map. Submitted by: Peter Gilli, Senior Planner Pê.bc c:::::> . Approved by: Steve Piasecki, Director of Community Developmen~ Enclosures: Model Resolution Tentative Map Exhibit City Council Minutes from December 15, 2003 {J-5 M-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT AND TENT A TIVE MAP TO ALLOW A PREVIOUSLY APPROVED MIXED USE PROJECT TO BE A CONDOMINIUM PROJECT. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: M-2004-07 Jane Vaughan (Menlo Equities) 10050 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Comrnission of the City of Cupertino received an application for a Modification of a Use Perrnit and Tentative Map, as described in Section I 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 General Plan and the purpose of this title; 3. The proposed condominium subdivision is consistent with the General Plan and the Heart of the City Specific Plan. 4. The site is physically suitable for the condominium subdivision at the proposed density. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. M-2004-07 is hereby approved; and 17-~ Model Resolution Page 2 M-2004-07 September 27, 2004 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application M-2004-07, as set forth in the Minutes of the Planning Commission Meeting of Septernber 27, 2004, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED AMENDMENT The project shall be subject to the conditions of approval in this resolution and in the the City Council action letter dated December 17, 2003 for 2-2003-02, TM-2003-02, D- 2003-04, EXC-2003-06 and EA-2003-09. 2. APPROVED EXHIBITS Approval is based on the plan set entitled "Tentative Map" by Dahlin Group, except as may be amended by the conditions contained in this approval. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirernents, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirernents of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 27th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: A TrEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission IJ-7 December 15, 2003 Cupertino City Council Page 12 across the street at the Glenbrook Apmiments. He said that he has passion for the Oaks and doesn't want to see it turned into housing, but all the businesses there say they need this proj ect and he will support them. '. Wang said that her main concern was giving up the potential for future business once the economy improves, and perhaps the owners might want to try again to revitalize the center. Lowenthal/Sm1doval moved and seconded to approve the application. The motion failed by the following vote: Ayes: Lowenthal and Sandoval. Noes: Kwok and Wang. Abstain: James. 22. Consider Application Nos. Z-2003-02, TM-2003-02, U-2003-04, EXC-2003-06, and EA- 2003-09, Jane Vaughan! Menlo Equities, 10050 & 10080 N. Wolfe Road, APN No. 316- 20-084. (This item was continued from November 17): A. Adopt a Negative Declaration B. Approve a Tentative Map to subdivide a 7.74 acre parcel into two parcels: 4.47 and 3.2 acres, respectively C. Approve a Use Permit to construct a 107-unit condominium project and 6,450 square feet of new retail space D. Approve an exception to the Heart of the City Plan to exceed heights above 36 feet E. Rezone a 7.74 acre parcel from P(CG,O,ML,HOTEL) to P(Planned Development) F. Conduct the first reading of Ordinance No. 1929: "An Ordinance of the City Council of the City of Cupertino Rezoning a 7.74-Acre Parcel From P(CG, 0, ML, Hotel) or Planned Development With General Commercial, Office, Light Industrial and Hotel Uses to P(Com, Off, Res) or Planned Development with Commercial, Office and Residential Uses." Community Development Director Steve Piasecki reviewed a PowerPoint slide show that illustrated the site plans. Senior Planner Aarti Shrivastava highlighted the Council's comments from the August 4 study session, and explained some of modifications the developer has made to meet those concerns. She continued with the slides which illustrated the elevations, landscaping plan, areas of open space, photographs of the existing Ash trees, statistics regarding traffic and parking, affordable housing, and fiscal impacts. She explained that there would be no substantial change in the intersection's level of service, and no intersections would be reduced below a level of service D. She said that the schools were notified, and both Cupertino Union School District and Fremont Union School District expected no significant impacts. {)-t December 15, 2003 Cupertino City Council Page 13 ,- { Jane Vaughn, representing the applicant, said that Menlo Equities owns the property, and when the residential units are sold they will still own the retail. She distributed copies of a PowerPoint presentation titled "Cupertino Courtyards", and highlighted some of the slides. She said that housing is needed, and it will replace a seldom-used parking lot. She said that the housing will be affordable by Cupertino standards, ranging from the low $400,000 to high $500,000, and the below-market-rate units will range from $194,00 for a one-bedroom loft to $304,000 for a 3-bedroúll1 unit. She said that the retail uses will help to activate Stevens Creek Boulevard, and the project is consistent with the General Plan Jim Yee, the project architect, continued with the PowerPoint presentation that included photographs of the existing buildings and immediate area. He said the project would maintain the existing 103,000 sq. ft. of office use and add 6,400 sq. ft. of retail and 107 units of for-sale housing. He discussed the amenities available for both residents and the community, and pointed out the pedestrian walkways and four courtyards, one of which is designed for children. He also showed a virtual view driving by the project. Robert Levy said he did not think there was enough open space, since he anticipated there would be children in at least half of the units. He also thought there might be a problem with too many people wanting to use the pool. He suggested that the developer work a deal with the owner of neighboring properties to buy another acre, and then provide a larger open space area. He also asked if there was sufficient access for fire engines to reach the 3-story units. Dennis Whitaker, 20622 Cheryl Drive, spoke in favor of the project. He thought it's in a good location and the local high school won't be significantly impacted. He also liked that there would be a variety of housing sizes, but felt the project should be made still slllaller, preferably reduced to 80 units. He was opposed to Stevens Creek Boulevard becoming lined with businesses and house, and asked that the Council keep the current character of the city. Joatme Tong, McClellan Road, was concerned about the height exceptions for the two towers, and said each time the City allows an exception to heart of city it sends a message to developers to keep requesting it. She said that no development should proceed until the new General Plan amendment has been approved. Homer Tong, McClellan Road, said he was particularly concerned about impacts on the schools, and the figures seem to be inaccurate. He asked if the number of housing units is driven by the ABAG housing requirements. Jane Bonham said the Heart of the City Specific Plan specifically allows the type of exception requested, and it is only for two locations internal to the complex, in which the elevators will be installed. Councilmember Sandoval said she was in favor ofthe proj ect. She said an empty parking lot does not add value, at1d workforce housing is desperately needed. The plan's (]-9 December 15, 2003 Cupertino City COE:tciI Page 14 walkability was good, and it will create a nice entrance to Vallco and HP. She said this f project would bring a lot of benefits to the community. Sandoval suggested that the city explore options for the park fees in order to bring open space amenities to the Rancho Rinconada area. Council member Kwok said this is a good infill project, although he would have prefelTed fewer units and more park space. He did not object to the height exception since it was only to accommodate the elevators. Richard Lowenthal said there is a recurring theme of lack of park sites on the east side of the city, and that the Council should consider at another time how to get those started. He said he liked this integration of retail, office and housing. Kris Wang said she felt the number of prospective students seemed too low. She said she would prefer to keep as many trees and as much open space as possible. She said her preference would be to save the park money and utilize it elsewhere to acquire a larger space. Sandoval/James moved and seconded to adopt a Negative Declaration. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Sandoval/Lowenthal moved and seconded to approve the Tentative Map. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Lowenthal/Kwok moved and seconded to approve the Use Permit for 107 condominium units and 6,450 square feet of new retail space. Wang offered a friendly amendment to the motion to limit the number of condominium units to 95. K wok seconded, and the motion failed to carry with Sandoval, James, and Lowenthal voting no. A vote was taken on the original motion for 107 condominium units, and carried unanimously. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. LowenthallKwok moved and seconded to approve an exception to the Heart of the City Plan to exceed heights above 36 feet. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. SandovallKwok moved and seconded to rezone a 7.74 acre parcel from P(CG,O,ML,HOTEL) to P(Planned Developlllent). Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. The City Clerk read the title of the ordinance. K wok/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PLANNING APPLICATIONS - None / )-(6 -~ ~ CITY OF CLJPEI\IINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department INITIAL STUDY - ENVIRONMENTAL EVALUATION CHECKLIST Staff Use Only EA File NO.EA-2003-09 Case File No.U-2003-04 <\ttachment5 PROJECT DESCRIPTION: Project Title: Menlo Equities Project Location: 10050 & 10080 N. Wolfe Road Project Description: The project consists of two new three-story mixed-use buildinqs consistinq of 6400 Sq.ft. of retail and 107 residential units with a ZOO-car underqround qaraqe on a site with two existinq office bui!dinqs totalinq 103.000 sq.f\. Environmental Setting: The site is currently a parkinq lot and part of a 7.74 acre developed property consistinq two one and two-stOry office buildinqs. The block to the north consists of a parkinq lot for the Vallco Mall. The area to the east consists of a vacant parcel the Vallco Mall to the west and one and two stOry office and commercial uses to the south. PROJECT DESCRIPTION: Site Area (ac.) - 7.74 acres Building Coverage - 35.81 % Exist. Buildings- 103.0005.1. Proposed Bldg. - 6.400s.l. retail and 107 units Zone - P - Planned Devpt.. Office G.P. Designation --Office/lndustriaIlCommerciaIlResidential Assessor's Parcel No. - 316-20-084 If Residential, Units/Gross Acre - 30 units/qr.ac. Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) o Monta Vista Design Guidelines 0 S. De Anza Conceptual o N. De Anza Conceptual 0 S. Sara-Sunny Conceptual o Heart of the City Specific Plan 0 Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - 6.400s.l. FAR - 30.5% for office Max. Employees/Shift - _Parking Required 601 spaces Parking Provided §21 spaces Total# Rental/Own Bdrms Total sf. Price 4 Own 1 NA 6 Own 1+den NA 8 Own 2 NA 59 Own 2 townhouse NA 30 Own 3 NA Project Site is Within Cupertino Urban Service Area- YES 0 NO o 1')-11 INITIAL STUDY SOURCE LIS A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Deveiopment 7. Land Use Map 8. Noise Element Amendment 9. City Ridgeline Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center. 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance C. CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health D. OUTSIDE AGENCIES (Continued) 26. Midpeninsuia Regional Open Space District 27. County Parks and Recreation Department 2B. Cupertino Sanitary Oistrid 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CAL TRANS 35. County Transportation Agency 36. Santa Clara Valley Water District E. OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood Maps/SCVWD Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. CalEPA Hazardous Waste and Substances Site F. OTHER SOURCES 44. Project Plan Set/Application Materials 45. Field Reconnaissance 46. Experience w/project of similar scope/characteristics 47. ABAG Projection Series 48. Geological Analysis by Treadwell & Rollo, Orinda, CA, August 11, 2003. 49. Phase I Environmental Site Assessment, Clayton Group Services, Pleasanton, CA, July 10, 2003. INSTRUCTIONS A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources: if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet expiaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paqe. F. Upon completing the checklist, sign and date the Preparer"s Affidavit. G. Please attach the following materials before submitting the Initial Study to the City. "'Project Plan Set of Legislative Document "'Location map with site clearly marked (when applicable) 2 , . . BE SURE YOUR INITIAL STUDY SUBMITTAL IS COMPLETE - INCOMPLETE MATERIALS MAY CAUSE PROCESSING DELAY 1'3-(2.... EVALUATION OF ENVIRONMENTAL IMPACTS: ~----~~ , I ~- --~.__.~- c ».... c.... 0 c.... - C <': c: c: .- c -"'.... '" 0.... "''''.... .... ISSUES: .!!! <J <J ..J::: U .- (13 ..c: <J <J <J .....- ~ 1-tt:=1OCi 1-,- '" o '" c:~ UI'-'~ C)c. en ~ 0- zc. [and Supporting Information Sourcesl '" C E fA c: .-.... UI C E E õ.~- (þ en :::: 0 "'.~- 11. en ...J .- :E <J ...Jen en C - f--- I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a 0 0 0 ø scenic vista? [5,9.24.41.44] b) Substantially damage scenic resources, 0 0 ø 0 including, but not limited to. trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantialiy degrade the existing visual 0 0 0 ø character or quality of the site and its surroundings? [1,17,19.44] d) Create a new source of substantial light or 0 0 ø 0 glare, which would adversely affect day or nighttime views in the area? [1,16.44] Item b&d - Less Than Siqnificant Impact There are no existing significant scenic elements on the project site. While the redevelopment of this site will create a new source of light within a developed setting, the light levels associated with the proposed retail and residential uses are not expected to adversely effect day or nighttime views in the area. II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique 0 0 0 ø Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for 0 0 0 ø agricultural use, or a Williamson Act contract? [5,7,23] --- '--- 3 !j-{ J r--~------ - ..._--" -- -_._~"'_._--'"---~ t: >..... I: .... 0 1:'" _ C ~ I: t:._ coæ_ -lU- lU 0- 1) ISSUES: .~ 0 CJ J: 0 .- co .coo -.- 9 1-;,¡:::§1tiè5 I- .- ra o IU c~ (/) ~ c. za. [and Supporting Information Sources] Q) c: E VI .- ';¡: C> a. f/J s:: .- '- VI c: E E õ.~- Q) C) ~ 0 Q).~- c..en ..J'- ::æ; 0 ..Jen en c: - - I ~------- c) Involve other changes in the existing 0 0 0 ø I environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] Item a-c - No ImDact The project does not impact agricultural land or resources. III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of 0 0 ø 0 the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or 0 0 ø 0 contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net 0 0 ø 0 increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial 0 0 ø 0 pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a 0 0 ø 0 substantial number of people? [4,37,44] 4 I ]- r l( \ ISSUES: -" -~ "- ¡;; >'''' t: ... 0 t:~ - !: ra ¡: t: .- -!1 '" !1 0- !1 !1 _ - .~ u U ¡::uJ:~~ ..c: <.> <.> <.> _._ CI:I ;'¡::;4:cao 1--,- CI:I o !1 [and Supporting Information Sourcesl !:~ ª g¡ï:;;=.!2'e- (J) ~ c. zc. Q) !: E (/ !: E E õ.~- <U CJ ~ 0 (1).~- 0.. en ..J'- :æ: <.> ..Jen en -=1 Items a- c Less than Siqnificant Impact The proposed project would have limited air quality impacts resulting from the minor pollutant emissions related to traffic generated by the proposed project. The Bay Area Air Quality Management District (BAAQMD) generally does not recommend that a detailed air quality impact analysis be prepared for projects generating less than 2,000 vehicle trips per day. The project is expected to generate approximately 1146 average daily trips, which does not trigger a detailed air quality impact analysis under these BAAQMD guidelines. The proposed development is consistent with the General Plan, which in turn is consistent with the Clean Air Plan, therefore, no cumulative air quality impacts are expected to result from this project. The impact of dust generated by grading and excavation construction activities will be limited by a condition of approval requiring watering of newly disturbed surfaces and covering of haul trucks to minimize dust generation" Items d-e - No Impact The project is not expected to expose sensitive receptors (children, the elderly, the acutely ill, and the chronically ill) to substantial pollutant concentrations. The proposed development will not have any operations that will subject customers, employees or neighbors to objectionable odors. IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either 0 0 ø 0 directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any 0 0 ø 0 riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on 0 0 ø 0 federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement j 0 ø 0 of any native resident or migratory fish or wildlife species or with established native 5 [7- ( f -" - ~-"- ,- --- _.~-" --~-- I c: ~.. ~ C:" 0 c:.... - <: C'a c c .- ta~_ -",~ '" 0 ~ ~ ISSUES: .~ u 0 ..c: u .- tU ..c: u u u ....- co ....;;::£1\;0 1--.- CI3 o '" [and Supporting Information Sources] c~ VÞ·-·- OJ a. CI):: c.. zc. .5 <: EI ( )t:~..,- II) <: E E o .~- Q) C) .- 0 Q).~- - c..en ..J'- :¡¡; u ..Jen en c I resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or 0 0" 0 0 ordinances protecting biological resources, I such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 0 0 0" 0 Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] Item e - Less Than Siqnificant Impact with Mitiqation Incorporation The project has 149 trees on the site and proposes removal of about 90 trees in the building footprint and parking lot areas. The project proposes 300 new trees as mitigation which will resuit in a total of 359 trees on the site. Trees that meet the criteria of specimen trees in the City's code will be retained or relocated to the extent possible. If specimen trees are removed, three trees will be planted for each tree that is removed. Item a-d, f No Impact The project is proposed on a developed site and will not impact threatened or endangered biologicai resources. The project includes landscaping, which will provide additional vegetation on the site. No Habitat Conservation Plans or Natural Community Conservation Plans cover the project area. V. CUL rURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in 0 0 0 0" the significance of a historical resource as defined in § 15064.5? [5,13,41] b) Cause a substantial adverse change in 0 0 0 0" the significance of an archaeological resource pursuant to §15064.5? [5,13,41] c) Directly or indirectly destroy a unique 0 0 0 0" paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 0" those interred outside of formal cemeteries? [1,5] Item a-d No Impact The project is currently developed with commercial uses and is not in a sensitive ~eological area of the City. There are no historical resources on the site. 6 1)-( b r------ -- ---- , ¡;; >'''' t:.... 0 t:."; - " fa C 1:.- -<0.... <0 0.... <0<0.... .... .~ U u ,=<..)..s::+::~ .c: 0 0 0 ISSUES: _._ ('13 .- +-' ca 0 1--,- ca o <0 [and Supporting Information Sources] c:::-t= Q.J '" ~ .~ CI C. (/) ~ c. zc. Q) " E t/) C .- '- '" " E E õ.~- m CJ :!:: 0 Q).~- Q..f/) ....1.- :;; 0 ....If/) f/) ¡;; - VI. GEOLOGY AND SOilS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as 0 0 0 0 delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44,48] Ii) Strong seismic ground shaking? 0 0 0 0 [2.5,10,44,48] iii) Seismic-related ground failure, including 0 0 0 0 liquefaction? [2,5,10,39,44,48] iv) Landslides? [2,5,10,39,44,48] 0 0 0 0 b) Result in substantial soil erosion or the 0 0 0 0 loss of topsoil? [2,5,10,44,48] c) Be located on a geologic unit or soil that is 0 0 0 0 unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? [2,5,10,39,44,48] d) Be located on expansive soil, as defined 0 0 0 0 in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10,44,48] e) Have soils incapable of adequately 0 0 0 0 supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39,44,48] 7 {;-f7 -,"" r: :>..... c: .... 0 c:~ - <: '" <: 1::._ -",- '" 0- "'",- - I ISSUES: .~ 0 0 ..c: 0 .- ca ..<: 0 0 0 -.- 9 1--t¡::';;1ûè5 1--.- «J o '" \ [and Supporting Information Sources] c:~ en .-.- C) Co en:-!:: Co zc. ( ) C E en <: ~ .- .... en <: E E õ.~- ( ,) C) ~ 0 ( ).~- - c..en ...J'- :æ: 0 ...Jen en <: - Item a (I-iii!. c-d - Less Than Sionificant Impact According to the Cupertino General Plan, the site is in a VF-2 and a VF-5 zone for which specific hazards may include ground shaking, ground failure and possible inundation from the Calabazas Creek. According to a geological report by Treadwell & Rollo dated August 11, 2003, the risk of I surface faulting and consequent secondary ground failure is low but that the presence of moderately to highly expansive soil at the ground surface may subject near-surface slabs on grade to vertical movement due to moisture changes in the soil, causing cracking. The report makes several recommendations for excavation, shoring. foundations, retaining and blow-grade walls, slab-on-grade floors, seismic design, and site grading. The recommendations will be made conditions of approval for the project. Also, per the General Plan requirements, the project will be constructed in accordance with the Uniform Building Code and will require a soils report and a detailed soils/structural evaluation to certify adequacy of normal UBC earthquake regulations with recommendations for more stringent measures if required. This will help avoid or minimize potential damage from seismic shaking. The project is proposed on an existing parking lot with a relatively steep slope along the northern property line, However, adherence to the UBC and earthquake regulations will help avoid or minimize landslide impacts. Item a(iv)e - No Impact The site is served by an existing sewer system. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or 0 0 0 0 the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or 0 0 0 0 the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle 0 0 0 0 hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [2,29,30,40,44] d) Be located on a site which is included on a 0 0 0 0 list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a 8 /)-/f I----~ >''' I ~._. .----~--- --- ¡;;; !:. .. 0 !:.~ -~~ ns s::: 1::.- ëüca- os 0- os os- - ._ 0 U .J:: 0 .- ca ..c: " " " ISSUES: +->.- to 1-;,¡::£1OS 1-.- co o co I:~ tf.I .- .- en a. en ~ c. zQ. [and Supporting Information Sources] Q ~ E II) ~ ¡:.-... II) ~ E E Õ J~)- Q) C') :t::: 0 G) .~- - c..rn -,'- ::¡¡:" -'rn rn ~ - significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land 0 0 0 ø use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private 0 0 0 ø airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically 0 0 0 ø interfere with an adopted emergency response plan or emergency evacuation plan? [2.32.33,44] h) Expose people or structures to a 0 0 0 ø significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] Item b.d - Less Than Sionificant Impact A Phase I Environmental Assessment by Clayton Group Services on July 10, 2003 indicated that there is no evidence of recognized environmental conditions (RECs) as defined by ASTM. Items a,c.e-h - No Impact The proposed project will not generate additional hazardous waste, increase risk of accidental explosion or release of hazardous substances, interfere with emergency services, increase exposure of people to hazardous waste or increase fire hazard in areas with flammable brush, grass or trees. The current project site is not listed as a contaminated site in the State of California Hazardous Waste and Substances Site List. The project site is not within a two-mile radius of the nearest airport (Moffett AirfieldlSan Jose Airpoli). Therefore, there would be no related impacts on people residing or working in the project area. VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or 0 0 ø 0 waste discharge requirements? [20,36,37] 9 11-[1 ,--------- ~- , t: >..... t:. .... 0 t:."'Ë _ I: ca t: t::._ m ca....\ .J:: co 0 êâ "'",- - ISSUES: .- 0 0 I- U ..r:: :;:; 10... .s:: u u u .~ ì ."~ ~& I- .- m o '" [and Supporting Information Sources] (/) ~ c. zc. .s c: E en c: 3: :;: .... en c: E E o 01_ Q 01 .- 0 Q .~- - c.. ¡¡:¡ ....I ¡¡:¡ :¡;; u ....ICJ) c: - b) Substantially deplete groundwater 0 0 0 iii supplies or interfere substantially with groundwater recharge such that there would I be a net deficit in aquifer volume or a . lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells wouid drop to a level which would not support existing land uses or planned uses for which_ permits have been granted)? [20,36.42] c) Create or contribute runoff water which 0 0 iii 0 would exceed the capacity of existing or pianned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] d) Otherwise substantially degrade water 0 0 iii 0 quality? [20,36,37] e) Place housing within a 1 OO-year flood 0 0 0 iii hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] f) Place within a 1 OO-year flood hazard area 0 0 0 iii structures which would impede or redirect flood flows? [2,38] g) Expose people or structures to a 0 0 0 iii significant risk of loss, injury or death involving fiooding, including flooding as a result of the failure of a ievee or dam? [2,36,381 h) Inundation by seiche, tsunami, or 0 0 0 iii mudflow? [2,36,38] Item a,c.d Less Than Siqnificant Impact Items b,e-h - No Impact The project is in a B flood zone as per the FIRM maps dated May 1, 1980. As indicated above, the project site is flat. The new buildings and parking lot will be located on a portion of the site that is currently occupied by a parking area on a developed site. The proposed development will not result in a net increase of impermeabie surface. All construction will also be required to provide additional features to reduce run-off in accordance with BAASMA guidelines. IX. LAND USE AND PLANNING· Would I I I 10 {7 -- 2-D \---- - --~-- ¡: >,- c - 0 c- _ c co c c._ c -"'.... '" 0.... "''''.... .... ISSUES: .!S! 0 0 J:u~:;::r:! ..c: " " " .....- ~ I-t¡::_cao 1-.- co o '" c:= (1):= c. za. [and Supporting Information Sourcesl Q) C E U) .- .;¡¡ 0> a. t/) C :;:: '- U) C E E õ.~- CD c .- 0 CD.!1'- D..(/) ...J .- :2 <J ...J(/) (/) t: - the project: --- a) Physically divide an established 0 0 0 0 community? [7,12,22,41] b) Conflict with any applicable land use plan, 0 0 0 0 policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7.8,16,17,18,44] c) Conflict with any applicable habitat 0 0 0 0 conservation plan or natural community conservation plan? [1,5,6,9,26] Items a-c No Impact The project is in conformance with the City's General Plan which defines the site as Office/lndustriaI/Commercial/Residential. The project however requires a Zoning change from P(CG,O,ML,Hotel) to PeRes, Comm, Off, Ind, Hotel) to allow residential development. However, since the proposed zoning is consistent with the General Plan, which already allows residential uses, the project will not have significant impacts. X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known 0 0 0 0 mineral resource that would be of value to the region and the residents of the state? [5,10] b) Result in the loss of availability of a 0 0 0 0 locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] Items a-b - No Impact Mineral resources are not known to exist on the project site. XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of. 0 0 0 0 noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of 0 0 0 0 excessive ground borne vibration or 11 I J- 2-l I---·~ - - \ - -- ---~ r: >,- c:- 0 c:~ - I:: CI:S I::: 1:::._ -æ~- ..t:CI:S om "'",... ... ISSUES: .- U U\ I-- U..c::'¡::; "- ..c"" " - ¡¡:: cu ¡¡:: _ CI:S 0 1-,- '" o '" I [and Supporting Information Sources] I::: .- Q.J CJ).-'- C) a. II) ~ a. zc. G> c: E I/) c: ;;: .- ... I/) c: E E õ tn_ ø tn :!:: 0 Q).~- .- ....I .- ::E" a.. en en c: ....I en - groundborne noise levels? [8,18,44] c) A substantial permanent increase in 0 0 0 0 ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic 0 - 0 0 0 increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land 0 0 0 0 use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private 0 0 0 ø airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] 12 /7-22... ~ -. - - -~ -~~- r:: »- ,,- 0 ,,- - <: nJ C s::: .- <: - "'- '" 0- '" "'- - ISSUES: .~ u U J: CJ .- CI:I .c: 0 0 0 - .- ¡g I-t¡:~~o 1-,- ctS o '" c~ (I):t;: Q. zc. [and Supporting Information Sources] Q) " E t/ '-'- c>c. t/ " ¡:.- ... t/ <: E E õ.~- Q) C) ~ 0 Q) .2'- - c..en -,'- :æ; 0 -'en en " - Item a - Less Than Siqnificant Impact With Mitiqation Incorporation A noise analysis by Charles M. Salter Associates Inc., dated September 12, 2003, indicates that all eight units in Building A and six units facing Stevens Creek Boulevard in Building B will be subjected to exterior noise levels of 68 to 69 dB. The study concludes that the construction will be adequate to achieve an.indoor DNL of 45 dB (State Building Code). The study makes the following recommendations that will be part of the conditions of approval: 1. French doors in Plan 7 lofts in Building B should be replaced with sound rated window assemblies. 2. Since all dwelling unit windows located within 250 feet of the Stevens Creek Boulevard median centerline would need to be in the closed position to achieve the DNL 45 dB standard, an alternate source of ventilation would be required for these dwelling units with a mechanical engineer review required. The study indicated that the DNL would be less than 60 dB in the courtyard recreation and pool areas which would meet the City's General Plan requirements. Itemb-d Less Than Siqnificant Impact The project will not be subject to significant levels of ground borne noise levels and vibrations. The proposed development of the project site will intensify the use of the lot, which is likely to result in increases in the ambient noise levels that exist in the project area. Increase in noise levels would be periodic and will not substantially increase over current ambient noise levels. Items e.f - No Impact The project is not within a two-mile radius of any public airports or private airstrips. XII. POPULATION AND HOUSING·· Would the project: a) Induce substantial population growth in an D D 0" D area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing D D D 0" housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, D D D 0" necessitating the construction of replacement housing elsewhere? [3.16,44] 13 /']-2) ~- -- - --. -- ¡: :-,.... e.... 0 r:.¡.I _ r: co c c .- r: -"'.... '" 0.... "''''.... .... ISSUES: .~ u U .J: 0 .- ca ..cuu u .....- ~ 1-~:5~o 1--,- ta o '" s::::-= U) .- .- en a. U) :-= c. zOo [and Supporting Information Sources] Q) r: E t/) r: ¡:.-.... t/) r: E E õ.~- (þ en ~ 0 Q) .21- - a.. 00 -' .- ::;: u -'00 00 r: - , Item a -Less Than SiGnificant /mDact The development of a mixed-use .(office/retail/residential) project on the site is consistent with the General Plan, which included an analysis of population and housing and was reviewed in an EIR. Therefore, the proposed project would not induce substantial population growth or create a demand for housing that would be inconsistent with the General Plan. Items b-c No ImDact The proposed project would not displace existing housing. There are currently no residential units on this site - it is a parkinq lot in an office development. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of neW or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [19,32,44] 0 0 0 0 Police protection? [33,44] 0 0 0 0 Schools? [29,30,44] 0 0 0 0 Parks? [5,17,19,21,26,27,44] 0 0 0 0 Other public facilities? [19,20,44] 0 0 0 0 Item a Less Than SiGnificant /mDact The project is located in an urbanized area served by municipal services, including fire protection, police protection, and maintenance of public facilities such as roads. An infill project of this type and size will not significantly change or impact public services. XIV. RECREATION -- a) Would the project increase the use of 0 0 0 0 existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] -- b) Does the project include recreational 0 0 0 0 facilities or require the construction or expansion of recreational facilities which .-- -- 14 ('"3 -2-Lf ,--- ~"IO" ¡ c"'" - r:::: ca r:::: r::::._ C - to.... co 0'" "''''.... .... ISSUES: .~ u tJ .l: U J:: :;::; ~ ..c: " " " -\:j:t'tI I-\:j:_cao 1-,- ca o '" [and Supporting Information Sources] ~-¡:ì g¡'¡:';¡,g>e- t/J ~ a. zc. '" C E E oC)- Q)C) '-0 Q) .~- .- -.J'- ~ 0 -'CI) !loCI) CI) C - might have an adverse physical effect on the environment? [5,44] Item a -No Impact The project incorporates some active and passive spaces in keeping with the minimum requirements of the Heart of the City Specific Plan. Additionally, the redevelopment of the project site has been accounted for in the City's General Plan, which examined recreational opportunities. The project will be required to pay park fees to provide additional park facility needs generated by the development. There are no existing recreational facilities on the project site. XV. TRANSPORTATION/TRAFFIC-- Would the project: a) Cause an increase in traffic which is 0 0 0 0 substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44,48] b) Exceed, either individually or cumulatively, 0 0 0 0 a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44,48] c) Result in a change in air traffic patterns, 0 0 0 0 including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,48] d) Substantially increase hazards due to a 0 0 0 0 design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44,48] e) Result in inadequate emergency access? 0 0 0 0 [2,19,32,33,44,48] f) Result in inadequate parking capacity? 0 0 0 0 [17,44,48] g) Conflict with adopted policies, plans, or 0 0 0 0 programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34,48] 15 I J- 2-5 r ISSUES: [and Supporting Information Sources] I I -- t: ».... ~.... 0 _ t: ctJ C c._ (ijctS...... J:ca O1â .- (.) ~ J- (.) ..s::: ;: ~ -;:.... ¡¡::...~o c._ fIJo_o-mo.. .s s:: E en C 3: :¡:¡ L.o O C> _ Q) C> .- 0 0.. ¡¡; ...J ¡¡; :iE u <:: .... u o '" zo.. E --"-..-- ~.. <:: "''''.... .!: U U I- .- m f/J ~ 0- m <:: E Q).~- ...JCf) - Items a-b Less Than Siqnificant Imoact With Mitiqation Incamoration A Traffic Impact Analysis for the proposed project was prepared by Fehr and Peers Associates, Inc. to assess the potential traffic, circulation and parking impacts of the proposed project. The analysis indicates that the project will general a total of 1,176 daily trips, 94 AM peak hour trips and 103 PM peak hour trips. The project will not cause a significant impact at any of the City or CMP-monitored intersections. Also, the project will not add more than one percent of the freeway capacity to any segment that currently operates at LOS F. The study makes two recommendations to relocate the Wolfe Road driveway and to realign the parking and median at the entry on Stevens Creek Boulevard. These will be part of the conditions of approval for the project. The project will not have an impact on adjacent neighborhoods. Items c-q No Impact The proposed project would not result in any change in air traffic patterns because the project, which includes the construction of a two-story office building and one-story retail/restaurant building, is not tall enough to affect air traffic patterns. The Fire Department has determined that emergency vehicle access will be adequate. Items C-q - No Impact (contd.) The City's parking code requires 601 parking spaces. A parking study by the Traffic consultant indicated that the project would need 521 spaces. The applicant is proposing to provide 521 parking spaces. The Code allows approval of a shared parking plan under conditions including provision of a detailed traffic study, ownership by a single entity, and planned development zoning. The project meets the above conditions. Therefore, the parking on-site is considered adequate. The proposed project will provide Transportation Demand Management (TOM) measures. In addition, the project site's proximity to public transportation (VTA bus lines) is expected to facilitate use of public transit. XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] o o Ii! o o o Ii! o - 16 f )- L& \-- -- ~ c: ».... <:.... 0 <:1:; - <: ctI c c: .- -...... .. 0 .... ........ .... ISSUES: .~ 0 0 ~u..c;~ ..c: () () () .....- ~ ~.- co o .. c:t:::: t¡:~cao UJ ~ C. zc. [and Supporting Information Sources] CI> <: E :Z'c :=.!2' e- '" <: E E õ.~- Q) C) ~ 0 CI>.!21- - Q.m ..J'- ::¡;; () ..Jm m <: - -- c) Require or result in the construction of D D ø D new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] -- e) Result in a determination by the D D ø D wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] f) Be served by a landfill with sufficient D D ø D permitted capacity to accommodate the project's solid waste disposal needs? [5,44] g) Comply with federal, state, and local D D ø D statutes and regulations related to solid waste? [5,44] Items a-f - Less than Siqnificant Impact Sanitary sewer service is available, but the Sanitary District has indicated that a flow study will be required to determine capacity. The applicants, like other users of the system, will be required to pay District fees and obtain a permit for construction of the project. A condition requires that if necessary improvements are required, they shall be completed prior to building occupancy. The project is not expected to increase demands that would exceed wastewater treatment requirements of the Regional Water Quality Control Board. Additionally, since the project will be required to comply with BASMM guidelines, it is expected that there will be reduction of runoff into the stormwater system. The General Plan states that the Santa Clara Valley Water District has indicated it has the ability to meet the long term water needs of Cupertino water retailers based on the maximum growth potential of municipalities in the district. Since the project is consistent with the Cupertino General Plan and Zoning Code, the projects impact on water usage is expected to be less than significant. Item q - No Impact The project will be required to comply with all federal, state, and local statutes and regulations related to solid waste. 17 !l-¿'7 .~. .-.-.-." -,..--.--.--,,---------------...-.-.,,-."""-...-..-". --..-.-----.--------.--.-----.-- =-- I XVII. MANDATORY FINDINGS OF SIGNIFICANCE (To be completed by City Staff) ISSUES: [and Supporting Information Sources] a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildiife popuiation to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? >..... _c: -1\1.... .!!1 U u .....- !2 c ~ ~ Q) c: E õ.~- c"(f c...... c +:i co æ 0 E ..c: U .- 0 I-t;:=m 0- m .- .- tD "" '" c: ::-.- 0 Q) tD :!:: 0 ...J'- :!E c: (f _ c:"E: 1\11\1.... ..c: U U 1-,- 1\1 t/J ~ a. '" c: E Q).~- ...J(f iii D iii ---------1 I ... U o 1\1 zc.. E D D D D D D iii D D PREPARER'S AFFIDAVIT I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer"s Signature þ'Gko~~~ Print Preparer's Name 1911¡2.TI SIl/¿¡!l/JsmiJ7i 18 17~ 2-% ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology /Soils 0 Hazards & Hazardous 0 Hydrology / Water 0 Land Use / Planning Materials - Quality 0 Mineral Resources 0 Noise 0 Population / Housing 0 Public Services 0 Recreation 0 T ransportationlT raffic 0 Utilities / Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: o The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. o Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have een avoided or mitigated pursuant to that earlier EIR or NEGATIVE DE ARAT)pf<t.i eluding revisions or mitigation measures that are imposed upon the pr posed ojec nothing further is required. S~ ERC Chairperson &þL ð.2.00~ Date ' \O\Z\lJ3 Date 19 [ ')-2-1 CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4,1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on December 15, 2003. PROTECT DESCRIPTION AND LOCATION EA-2003-09 Application No.: Applicant: Location: Z-2003-02, U-2003-04, TM-2003-02 (EA-2003-09) Jane Vaughan/Menlo Equities 10050 & 10080 N. Wolfe Road DISCRETIONARY ACTION REQUEST Rezoning of a 7.74-acre parcel from P(CG, 0, ML, HOTEL) to P(PlannedDevelopment). Use Permit to construct a 117-unit condominium project and 6,450 square feet of new retail space. Tentative Map to subdivide a 7.74-acre parcel into two parcels: 4.47 and 3.2 acres, respectively. FINDINGS OF DECISIONMAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. Steve Piasecki Director of Community Developrnent CERTlFlCA TE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/ercjnegEA200309 f)-JD · PROPERlY UNE RFl.OCA:n7 - - - - - BUS STOP ( ROSE BOWL FIRST FLOOR PLAN SHEET 06 VALLCO PARKWAY EXS1U. SURFACE PARKING EXSTG. SURFACE PARKING VALLCO FASHION PARK -ROSE BOWL SITE CUPERTII''¡O, CALIFORNIA LANDMARK 1'R00000llES MANAGEMENT IIiII ~FôlShó:mP...-J< æ Date:09-28ú4 üj-2S8.\6 \h;\'-.:w_prarchitects.(om 4789900 Portland. OR [503 DC pOJ] 390,0400 \.Vash!ng<on NV /O2! 852SSf!O Las VE'fps. 561] 628.BÜOQ Long Beach (A 290 ¡ 949i BeN"', CA 92fi60 Ne'A'I-'Jf "; Corporate P.'a.?a, 5l..~t£ ;~DC'. )' 50' 100' Perkowitz + Ruth ARCHITECT 2671 C<ow Coo"", Rd. I C ;I Son Romon. CA 94583 - ~ 925.837.8286 _ 925.837.2543 Fox _ - - .-,'" " ,...,.", ",;> {-u. 11Yì-~:':>' '--''''' I \A - 'C'-.J---' ;:> - - J APPROV Al.l- ð-.::s.2i?:->-CQ..." Cvr,,,,··,-··,.~-r-,-- ,..,:J; ¡:;:.. r-.L· ~ :::> I./W \ Gf\ -cx..:.u ~...:..; /I 1'/4"";111: Cm/lm/ss/"" J.QI Ai De;; r;;;;;-r- CilyCo,.,;cJl /,:JIIL- '~ ..... =---~:::;¡-----=-=-==-=-= -q I MENLO EQUITIES GUZZARDO PARTNERSHIP INC tuhtlp8Arthitacts·LandF>lanner! 836~.ryS\tttt Sðr>FnI/'Id$m,CA94133 T415.o34&72 F415C15003 TENTATIVE MAP 1" = 40' ~BkF eø-l8UJMMIM./~ TO BE ..,--- _a -.-."".-!" -. -,., EASEMENTS AND UTiUTY Signa, ure PROPOSED ACCESS SHOWN LATER rdlfl 8= Q J Leru ~III ~ PROPOSED LOT UN ) . ~ . >: [" D.. . _ ~ ,. ' ' - .-. l I l ~.,J Ii I J L ......., 1'" "- ~ . ,. I , "'" , '" , i 4,40AC . . --:~ sox I g I 0'''1 Q ,'" ' , ... EXIST, G PARCEl 1 I i Q '0' ['''AC jJ i ' l¡", " 0 : I F 1 I 0'0. _~~ ''',' , I~ I ... = ~ I 0 0 B\1 I i q 'AS'M'NT L I II" · - 1--. .~ co," , [ .. I G~ 'ASEM'NT ~ ¡- - } ¡ 59 OR 406 11 .~ _ ____ \J I '7 I ____ __ I l~ 5400'\ \ \1 ---" ~ ~'''i I I .- --" "-' L __~~~~hJ I --C--Tí\ \! 1 I' I I ~-- - __ _ ~ 1_ _ _ _ ::_-=-=-_~ _....--::-: ~ _ . · ~, \ I ¡ _ _ _ _ _ _ S9' '00", 34862_ ___ ___ '___~=__ ___._ ~\:\ \ ·1 - - - - '-:;-;;c£<...EASEW> __. 0' ' '- ----- - - 0' _000 '-, _ _ _ __ _ ~., I~ ~,.".". , ~ - -- -- - - -- _"''''' '""-~_ o~,.oo., .'".:..___ _. .._ " ',.,"". .-- --- . - - , ---D .......... '--. ... "---" t( 6f2 ....l __ -..... - -.-- - I .6 _~&__'_ 0__ /~ L ,: .. . 0__' ~I I _I ~ (,;) . < - , SCALE -. I ~ ...r- LJ ~ GRAPHIC ~ NaS"53'50"E 275.4-6' w~ -. ~ ~ - 1~ 639,58' N8S·S4'461'."¡ o 0 00<> 71 .63' - CEN TER Q 1- 367 'L ~l_~__~._.._--- "SS';5'2S" ,-lL., L-, ,--J - CUPERTINO FINANCIAL - MENLO EQUITIES ;;> ~ ~ J "+ ~~! '46'EI-t~U 11.00 n /;.; "' E o z P' 6 " OR S8S·S4 7582 U I I ~I >Ii ru "' :> ;.; "' E o z PAce 2' P 2' ! ,,:,\ ! i\~ Ii '1 ~n p.- ,¡./~., F CUPEIQ1NO . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408)777-3109 OFFICE OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. '4 Meeting Date: October 4, 2004 SUBJECT AND ISSUE Approve the 2004-05 Citizens' Option for Public Safety (COPS) grant funding program. Utilize these revenues to add back a second School Resource Officer (SRO) position for up to nine months for the 2004-05 school year through a partnership with the City of Cupertino, the Cupertino Union School District (CUSD), and the Fremont Union High School District (FUHSD). Additional monies have been requested from the Rotary Club of Cupertino. BACKGROUND Last year, the City of Cupertino was able to fund two SRO's for our elementary and high school districts. These officers provide: ~ Enforcement: Assistance is provided to the beat officers when needed on extensive or involved cases. Help detectives when needed to ascertain information from schools, whether it is identifying possible suspects or protecting victims. ~ Counseling/referrals: Talk to students and parents regarding many issues. Appropriate community resources are located and are made available to provide assistance with their specific problems. > Education: Provide classes regarding the following subjects: Personal Safety, Drug Use and Prevention, Justice System, DUI, Driving Education, and Date Violence. > Address Specific Groups: PT A, school counselors, school administrators, teachers, school staff, and community organizations. Due to budget cuts for fiscal year 2004-05, both SRO's were eliminated along with the DARE Program in the proposed budget. City Council was able to fund one SRO in the final adopted budget at a cost of$150,000. Last month, the State informed the City that we would be receiving a Citizen Option for Public Safety (COPS) grant in the amount of $100,000. This money can only be used for supplemental police services; however, a second SRO would qualify. It will cost approximately $120,000 to put an SRO in our schools for nine months. Two officers will keep the service level consistent with last year, and provide the proactive interaction with Printed on Recycled Paper /<i-/ our students to reduce conflicts, crimes, and enhance relations between administration/teachers, the students and the Sheriff deputies. An additional $20,000 will place this officer in our schools. The City asked the two school districts and their respective foundations for $5,000 each to provide the necessary funding to pay for the second SRO. The FUHSD and the CUSD have committed to $5,000 each towards this proposal. Both CEEF and the FUHSDF did not commit funds to this project. On September 20th City Council directed staff to apply to the Rotary Club of Cupertino for the funding shortfall of $10,000. This application was submitted on September 27th. In addition, Council asked staff to return with other options for use of the COPS grant. Staff and the Sheriffs Department are in the process of compiling a list of other options to the Council. BUDGET IMPACT Approval of the accompanying resolution will authorize the Finance Department to accept and use the COPS grant monies for a project most appealing to the City Council. No additional General Fund monies will be expended on this program. RECOMMENDATION: Staff recommends that the Council approve the 2004-05 Citizens' Option for Public Safety (COPS) grant funding program. In addition, we recommend that the funds be utilized to add the second SRO position for an amount not to exceed $11 0,000 (or up to $120,000 ifthe Rotary Club grants us $10,000). Submitted by: Approved for submission: Üj>t-~ ()fl¿)'1!2"-cf? Carol A.Atwood Director of Administrative Services ~ David W. Knapp City Manager G/admin services/staffreport-SRO Partnership.doc {<-{-~ RESOLUTION NO 04-419 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING REQUEST FROM SHERIFF FOR USE OF THE CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FUNDS OF $100,000 WHEREAS, the 2004 Budget Act provided $200 million in General Fund monies in 2004-05; and WHEREAS, the Budget Act establishes the Citizens' Option for Public Safety (COPS) program and appropriates $100 million from the state general fund for the 2004-05 fiscal year and the City of Cupertino's per capita share is $100,000 for fiscal year 2004-05; and WHEREAS, the COPS program provides funding for local agencies for the purpose of ensuring public safety; and WHEREAS, cities are required to appropriate COPS revenues to fund front line municipal police services which can include anti-gang and community crime prevention programs; and WHEREAS, these funds are to be appropriated pursuant to a written request from the Chief of Police or the Chief Administrator ofthe law enforcement agency that provides police services for that city. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the Sheriff s request for the expenditures of Citizens' Option for Public Safety (COPS) funds. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of October 2004, by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ILf-3 I ~" ¡ l.\~ , - . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM /) AGENDA DATE October 4. 2004 SUBJECT AND ISSUE Review and reject all bids submitted for the Storm Drain Catch Basin Cleaning Project No.2004- 07. BACKGROUND In order to comply with Non-Point Source requirements, specifically the minimum performance conditions of the National Pollution Discharge Elimination System (NPDES) permit, the City is required to clean 50% of the total catch basins within the City every year. The City currently maintains and has made it a practice to maintain all catch basins in the City, which is a total of 1780 of these drain facilities. In the past the City's operating budget has included approximately $50,000 annually from the Environmental Management Non Point Source Account for this work, which is performed by an outside contractor. Since the project contract amount, estimated to be $52,000, is below $100,000 the project was competitively bid for award by the Director of Public Works. The bid was based on cleaning 100% of the City owned catch basins. The following is a summary of the bids received for the referenced project: Bidder Engineer's Estimate National Plant Services, Inc. George Bianchi Construction Inc. Base Bid $ 52,000.00 $ 115,700.00 $ 133,500.00 The low bid of $115,700.00 submitted by National Plant Service, Inc. is unfortunately higher by over 200% than the amount estimated or budgeted. Staff is recommending that the bids be rejected and that the project be re-evaluated and, if necessary, re-scoped to clean the minimum required 50% of the catch basins with a bid alternate to clean additional catch basins at the bid price as additional funding may become available. Because the bids received are over $100,000 a Council action is required to reject the bids and staff will immediately re-bid the project to ensure that the work is completed before the storm season begins in December. Printed on Recycled Paper 1:;-1 FISCAL IMP ACT There will be no immediate fiscal impact if the bids are rej ected. STAFF RECOMMENDATION That the City Council reject all bids received and authorize the Director of Public Works to re- advertise for bids for the Storm Drain Catch Basin Cleaning, Project No.2004-07. Submitted by: Attest as to bids received: Approved for submission: ~ Ralph A. Qualls, Jr. Director of Public Works Kimberly Smith City Clerk fJ-Ji David W. Knapp City Manager ()~J... ·í ?'~! l!~\~~ I . City Hall ¡ 0300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimberlys@cupertino.org CUPEIQ1NO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~ Meeting Date: October 4, 2004 SUBJECT AND ISSUE Receive the Certification of Sufficiency for three initiative petitions and direct staffto take appropriate action. SIGNATURE VALIDATION On September 9, 2004, the proponents filed petitions related to building setbacks, building heights, and housing density. The Santa Clara County Registrar of Voters validated the signatures using the statistical random sampling process as set forth in Elections Code Section 9115, and has certified that all three petitions have qualified for the ballot. The results are as follows: Petition regarding setbacks: Petition regarding density: Petition regarding building height 4,636 signatures 4,647 signatures 4,805 signatures 17.74 % 17.78% 18.39 % COUNCIL OPTIONS The proponents' petitions did not qualify for a special election pursuant to Elections Code Section 9214. They did qualify for the next general election pursuant to Code Section 9215. To qualify for a special election, the petitions must have been signed by not less than 15% of the registered voters, and the petitions themselves must have included a request that the ordinance be immediately submitted to a vote of the people at a special election. The City Clerk had provided the proponents with sample wording for the petitions, which showed the available options, before the proponents began collecting signatures (see Attachment A and B). The proponents did not include the wording that would have required a special election (see Attachment C). Printed on Recycled Paper /Ip -I October 4, 2004 Page 2 The City Council now has the following options: A. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. B. Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405, at the next general municipal election on November 8, 2005. Council also has the authority to can a special election, which could be held in February 2005. C. Order a report pursuant to EC 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented, the Council may adopt the ordinance within 10 days, order an election on November 8, 2005, or call a special election for February 2005. If Council chooses the report in Option C, it must be submitted for review within 30 days of receipt of election official's certification of signatures, or by November 3. Such a study may include, but is not limited to, the following categories: 1. Fiscal impacts 2. Effects on the internal consistency of the city's general and specific plans 3. Effects on the use ofland, the impact on the availability and location of housing, and the ability of the city to meet is regional housing needs 4. The impact on funding for infrastructure of all types and whether there would be increased infrastructure costs or savings 5. The impact on the community's ability to attract and retain business and employment 6. The impact on the uses of vacant parcels ofland 7. The impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. 8. Any other matters the Council requests to be in the report. FINANCIAL IMPACT The City's next general municipal election will be held on November 8, 2005. The cost of a consolidated election, including the initiatives and the City Council vacancies, is estimated at $300,958. If the Council chooses to can a special election for the initiatives, the cost of both the special and the general elections in calendar year 2005 is estimated at $608,742. /{¡rc9. October 4, 2004 Page ~ RECOMMENDATION Staffrecomrnends that the City Council call for a final report on the effect of the proposed initiative, to be submitted at the regular Council meeting of Monday, November 1, and at that time determine whether to adopt the General Plan amendments or call for an election on the measures on Tuesday, November 8, 2005. Submitted by: Approved for submission: K;=~~7{ City Clerk Sby David W. Knapp City Manager Exhibit A: Exhibit B: Exhibit C: Exhibit D Sample calendar of initiative activity Sample petition wording Excerpt from circulated petition Certificates of Sufficiency of Petition cc: Proponents Edward Britt, Norman Hackford, and Gerald Cooley /1.7 -..3 Attachment A Sample calendar regarding initiatives filed March 4, 2004 Updated May 26, 2004 This information is provided as a courtesy, and is not to be considered legal advice. As of February 17, 2004, Cupertino's voter registration is 26,128. (This number will be updated throughout the year - check with the City Clerk for the latest information). If at least 10% of the registered voters sign the petition AND the City Council can adopt a resolution calling the election before August 6, the initiative will be consolidated with the November 2, 2004 election. (2,612 valid signatures required). Election cost estimated to be $80,000. [ If at least 15% of the registered voters sign the petition AND THE PETITION SPECIFIES THAT A SPECIAL ELECTION SHALL BE CALLED, a special election will be called within 88-103 days. (3,919 valid signatures required). If the timing requires a stand-alone election the cost is estimated at $270,000. Date/Day Activity Comments B.C. Citation FILED Proponents file notice Written text of initiative; name and address of at 9l03a,9104, Thur of intent for EACH least one but no more than 5 proponents; a request 9203a Mar 4 initiative for preparation of ballot title and summary; and may include a statement up to 500 words. DONE City Clerk sends Attorney has 15 days to return a ballot title and 9l05a, 9203a Thur proposed measure to summary of not more than 500 words Mar 4 Attorney DONE City Attorney returns Mar 19 wording to Clerk DONE City Clerk sends Ballot title and summary shall be printed in 12 point, 9l05b,9203b Mar 19 ballot title and roman boldface type, on each section ofthe petition summary to the above the text of the proposed measure and across person who filed it the top of each page on which signatures are to appear AMEND- Proponents accept Proponents pointed out technical information to be 9106,9204 MENT ballot title and added; City Attorney made amendment 3-19 thru summary 3-21 DONE City Attorney returns Mar 22 wording to Clerk City Clerk sends Ballot title and summary shall be printed in 12 9l05b, 9203b DONE ballot title and point, roman boldface type, on each section of the Mar 22 summary to the petition above the text of the proposed measure and person who filed it across the top of each page on which signatures are to appear JÚJ - 'I Attachment B Required language EC 9203b Initiative Measure to be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: Title and summary; roman boldface 12 point EC 9203b Measure General Plan Amendment Restricting Building Heights , ;, This measure s.eeks to amend the Cupertino General Plan to require that buildings have a maximum height of 36 feet measured from grade level to the highest point of the building structure. Exempted from this restriction would be the ValIco park planning district (defined as the area bounded by Wolfe Road, Tantau Avenue, Homestead Road and Stevens Creek Boulevard) which would be restricted to maximum building heights of 45 feet, and the Wolfe Road commercial corridor (defined as the area within 500 feet of Wolfe road beginning 500 feet north of Stevens Creek Boulevard and extending to Highway 280) which would be restricted to maximum building heights of 45 feet for residences and "mixed use" facilities only. Also exempted from this restriction would be residential "single, duplex, triplex and fourplex" units. Existing buildings could be rebuilt, undergo alteration, or be expanded only if 1) they do not exceed their original heights and set backs or 2) any added portions of their structures comply with the above restrictions. The restrictions contained herein cannot be modified, amended or eliminated, nor may new or existing buildings which are subject to these restrictions be built or altered in any way which is inconsistent with these restrictions without a vote of the city's electorate at an election. To: Cupertino City COW1cil Recommended language 1. We, the W1dersigned, are registered and qualified voters of the City of Cupertino, COW1ty of Santa Clara, State of Caliofmia, constituting _ [not less than _ (number) percent of the voters of the city], and present to the Cupertino City COW1cil this petition and respectfully request that the following proposed ordinance of the City of Cupertino, County of Santa Clara, be submitted to a vote of the people of the city OR· be submitted immediately to a vote of the people of the city at a special election. . The proposed ordinance reads as follows: Full text of proposed ordinance is inserted here 3. Prior to the circulation of this petition in the City of Cupertino, a notice ofmtention to do so, accompanied by a statement not exceeding 500 words in length for the reasons for this proposed petition was published on _' 20_, in the [specify newspaper}, a newspaper of general circulation in the City of Cupertino, COW1ty of Santa Clara, State of California, and published at (address) in the city. 4. The following is a true and correct copy of the printed notice of intention and accompanying statement. /h-s Attachment C Initiative Measure to be Submitted Directly to the Voters 10f4 The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: General Plan Amendment Restricting Building Set Back Lines Summary: This measure seeks to amend the Cupertino General Plan to require that buildings have a minimum public street set back line of35 feet, or the distance determined from a 1.5 to 1 slope line ratio measured from the nearest curb line(s) of adjacent public street(s), whichever is greater. Exempted from these restrictions would be the Vallco Park Planning District (defined as the area bounded by Wolfe Road, Tantau Avenue, Homestead Road and Stevens Creek Boulevard) which would be restricted to minimum street set back lines equal to 1 to 1 slope line ratio, and the Wolfe Road Commercial Corridor (defined as the area within 500 feet of Wolfe Road beginning 500 feet north of the Stevens Creek Boulevard and extending to Highway 280) which would be restricted to minimum street set back lines equal to a 1 to 1 slope line ratio for residential and "mixed use" facilities only. Also exempted from these restrictions would be residential "single, duplex, triplex, and fourplex units." Existing buildings could be rebuilt, undergo alteration, or be expanded, only ü 1) they adhere to their originally authorized set backs, or 2) any added portion of their structures comply with the above restrictions. The restrictions contained herein cannot be modified, amended or eliminated, nor may new or existing · buildings which are subject to these restrictions be built or altered in any way which is inconsistent with these restrictions without a vote of the city's electorate at an election. To: Cupertino City Council We, the undersigned, registered, qualified voters of the City of Cupertino, County of Santa Clara, State ofCalifonúa, present to the Cupertino City Council this petition and respectfully request that the following proposed amendment to the General Plan of the City of · Cupertino be adopted without alteration or be submitted to a vote of the people of the city as soon as the law requires. · /fo-0 Attachment 0 County of Santa Clara Registrar of Voters 1555 Berger Drive, Building 2 San Jose. California 951 12 Mailing Address: P.O. Box 1147. San Jose, CA 95\08 (408) 299-VOTE (8683) (866) 430- VOTE (8683) FAX 1408)998·7314 wWW.sccvDle.org September 20, 2004 Ms. Kimberly Smith City Clerk City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3255 RE: Initiative Petition Related to Building Heights Dear Ms. Smith: The initiative petition submitted to our office on September 9, 2004 contained 4,864 signatures. The petition needed 3,319 valid signatures to pass, based on the 15% requirement of the registered voters in the City of Cupertino pursuant to California Elections Code Section 9215. We performed a random sampling of 500 of the total signatures utilizing petition guidelines issued by the Secretary of State. Based upon this sampling, the petition had a projected number of 4,805 valid signatures, which is 98.8% of the number of valid signatures required to pass. Therefore this petition has passed. If you have any questions concerning this matter, please feel free to contact me at (408) 282-3051. ll~iÆ)IC~^ Election Division Coordinator County of Santa Clara Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr., Liz Kniss County Executive: Peter Kutras, Jr. &1 >- /(p- 7 CLERK'S CERTIFICATE TO INITIATIVE PETITION I, JESSE DURAZO, Registrar of Voters of the County of Santa Clara, State of California, hereby certify: That the City Of Cupertino Initiative Petition Related To Building Heights has been filed with this office on September 9, 2004. That said petition consists of 351 sections; That each section contains signatures purporting to be the signatures of qualified electors of this county; That attached to this petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be; That after the proponent filed this petition I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective purportive dates of such of signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: 1. Number of unverified signatures filed by proponent (raw count) 4,864 500 2. Number of signatures verified a. Number of signatures found SUFFICIENT 1. NOT SUFFICIENT because DUPLICATE 494 ---º ---º b. Number of signatures found NOT SUFFICIENT IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 16th day of September, 2004. Jesse Durazo Registrar of Voters (SEAL) B)111~Jl~ JOBc09 /0-ó Petition Result Breakdown Signatures Required 3919 Raw Count 4,864 Sample Size 500 Percent of Percent of Sigs Checked 500 Sigs Checked Sampie Size Sigs Not Checked 0 0.0% Sigs Valid 494 98.8 % 98.8% Sigs Invalid 6 1.2 % 1.2 % Duplicated 0 0.0% 0.0 % Non-duplicate Invalids 6 1.0% 1.2% Approved Approved 494 98.8% NotReg Not Registered 3 0.6% OutOIDist Out of District 0.2% Re9DiffAdd Registered at a Different Address 2 0.4% PCMR040 - Petition Result Breakdown Printed: 9/16/2004 7:49:33AM ~------ Page 1 of 1 /&-'1 JobB80 Classification by Race JobB81 Water Ouality JobB82 Transportation.Allocation of Sales JobB83 Election Day Voter Registration JobB84 LH Open Space & Public Recreation Init JobB85 LH P,ef Against Ord Passed by City Coucil JobB85 City of PA-Ref Against Ord #4779 JobB87 City of Sunn)Nale-Eminent Domain JobB88 City of Sunnyvale-Building Heights JobB89 City of Sunnyvale-Implementation of Plan JobB90 City of Palo .A.lto Water Fluoridation JobB91 Recall of Gov Davis JobB92 #988 State Budget Related TôXes & Res JobB93 #1 008 Overturn Health Care Cov Req JobB94 # 1 003 Children's Hospital JobB95 # 1 005 ElectionsPrima.ries JobB95 #1 007 Mental Health Expansion JobB97 #1 01 0 Emergency & Medical Services JobB98 #1 016 Unfair Business Competiton Laws JobB99 #1 015 Limitations on "Three Strikes" Law JobC01 # 1 027 Tribal Gaming-Renegotiation JobC02 #1 029 DN.A. Samples JobC03 #1 031 Local Gvt Funds & Revenue JobC04 #1 021 Stem Cell Research JobC05 #1 045 Tribal Gaming-Exclusive Gaming R JobC07 SCCo Compulsary Binding Arbitration JobC08 Ci of ClI ertino-Setbacks I JobCl0 City of Cupertino-Density /&;- /0 County of Santa Clara Registrar of Voters 1555 Berger Drive. Building 2 San Jose. California 95 I 12 Mailing Address; P.O. Box 1147. San Jose. CA 95108 (408) 29g.VOTE (8683) (866) 430- VOTE (8683) FAX (408)998-7314 www.sccYote.org September 20, 2004 Ms. Kimberly Smith City Clerk City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3255 RE: Initiative Petition Related to Density Dear Ms. Smith: The initiative petition submitted to our office on September 9, 2004 contained 4,828 signatures. The petition needed 3,319 valid signatures to pass, based on the 15% requirement of the registered voters in the City of Cupertino pursuant to California Elections Code Section 9215. We performed a random sampling of 500 of the total signatures utilizing petition guidelines issued by the Secretary of State. Based upon this sampling, the petition had a projected number of 4,647 valid signatures, which is 98.0% of the number of valid signatures required to pass. Therefore this petition has passed. If you have any questions concerning this matter, please feel free to contact me at (408) 282-3051. S},ncerely, , .' /(lc/Ik'¡~~ Magg~ ' Election Division Coordinator County of Santa Clara Boardof Supervisors: Donald F. Gage. Blanca Alvarado, Pete MCHugh. James T. Beall, Jr.. Liz Kniss County Executive: Peter Kutras, Jr. SJ ,- 1& -1/ CLERK'S CERTIFICATE TO INITIATIVE PETITION I, JESSE DURAZO, Registrar of Voters of the County of Santa Clara, State of California, hereby certify: That the City Of Cupertino Initiative Petition Related To Density has been filed with this office on September 9, 2004. That said petition consists of 353 sections; That each section contains signatures purporting to be the signatures of qualified electors of this county; That attached to this petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be; That after the proponent filed this petition I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective purportive dates of such of signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: 1. Number of unverified signatures filed by proponent (raw count) 4.828 500 2. Number of signatures verified a. Number of signatures found SUFFICIENT 490 b. Number of signatures found NOT SUFFICIENT ...1.Q 1. NOT SUFFICIENT because DUPLICATE -º IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 16th day of September, 2004. . Jesse Durazo Registrar of Voters (SEAL) BVlhfi1ijJr;1~r JOBc10 10 -Ie;). Petition Result Breakdown Signatures Required 3919 Raw Count 4,828 Sample Size 500 Percent of Percent of Sigs Checked 500 Sigs Checked Sample Size Sigs Not Checked 0 0.0% Sigs Valid 490 98.0% 98.0% Sigs Invalid 10 2.0% . 2.0% Duplicated 1 0.0% 0.2 % Non-duplicate Invalids 9 2.0% 1.8% 490 NotReg Not Registered 6 1.2% OutOIO;st Out of District 0.2% Duplicate Signed more than once 0.2% NoResAdd No Residence Address Given 2 0.4% -. PCMR040 - Petition Result Breakdown Printed; 9/16/2004 7:49:44AM ~-_.-._- --------..----.----- _._--,- Page 1 of 1 /b-/3 JobB80 Classification by Race JobB81 Wô.ter Quali~1 JobB82 Trô.nsportation.Allocation of Sales JobB83 Election DayVoter Registrô.tion JobB84 LH Open Space & Public Recreation Init JobB85 LH Ref Against Ord Passed by City Coucil JobB86 City of PA,-Ref Against Ord #4779 JobB87 City of Sunnyvale-Eminent Domain JobB88 City of Sunnyvale-Building Heights JobB89 City of Sunnyvale-Implementation of Plan JobB90 City of Palo Alto Water Fluoridation JobB91 Recall of Gov Davis JobB92 #988 State Budget Related Taxes & Res JobB93 #1 008 Overturn Health Care Cov Req JobB94 # 1 003 Children's Hospital JobB95 # 1 005 Elections.Primaries JobB96 #1 007 lvIental Health Expansion JobB97 #1 01 0 Emergency & lvIedical Services JobB98 #1 016 Unfair Business Competiton Laws JobB99 #1 015 Limitations on "Three Strikes" Law JobC01 # 1 027 Tribal Gaming-Renegotiation JobC02 #1 029 DNA Samples JobC03 #1 031 Local G',,1 Funds & Revenue JobC04 #1 021 Stem Cell Research JobC05 #1 046 Tribal Gaming-Exclusive Gaming R JobC07 SCCo Compulsary Binding Arbitration JobC08 City of Cupertino-Setbacks JobC09 Ci of Cu ertino-Buildin Hei hts 1&-/<1 Registrar of Voters County of Santa Clara 1555 Berger Drive, Building 2 San Jose, california 9S I 12 Mailing Address: p,O, Box 1147. San Jose. CA 95108 (408) 299-VOTE (8683) (866) 43()' VOTE (8683) FAX (408) 998-7314 www.sccvote.org September 20, 2004 Ms. Kimberly Smith City Clerk City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3255 RE: Initiative Petition Related to Setbacks Dear Ms. Smith: The initiative petition submitted to our office on September 9,2004 contained 4,775 signatures. The petition needed 3,319 valid signatures to pass, based on the 15% requirement of the registered voters in the City of Cupertino pursuant to California Elections Code Section 9215. We performed a random sampling of 500 of the total signatures utilizing petition guidelines issued by the Secretary of State. Based upon this sampling, the petition had a projected number of 4,636 valid signatures, which is 98.8% of the number of valid signatures required to pass. Therefore this petition has passed. If you have any questions concerning this matter, please feel free to contact me at (408) 282-3051. CSince, r"e, "IY" " ' fl_ . A ',' -, /11~ ()/i?f Õr~ - J:g~y J,itH Election Division Coordinator County of Santa Clara Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete MCHugh, James T. Beall. Jr.. Liz Kniss County Executive: Peter Kutras. Jr. ~ - 1&-/5 CLERK'S CERTIFICATE TO INITIATIVE PETITION I, JESSE DURAZO, Registrar of Voters of the County of Santa Clara, State of California, hereby certify: That the City Of Cupertino Initiative Petition Related To Setbacks has been filed with this office on September 9, 2004. That said petition consists of 350 sections; That each section contains signatures purporting to be the signatures of qualified electors of this county; That attached to this petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be; That after the proponent filed this petition I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective purportive dates of such of signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: 1. Number of unverified signatures filed by proponent (raw count) 4.775 2. Number of signatures verified 500 a. Number of signatures found SUFFICIENT 1. NOT SUFFICIENT because DUPLICATE 494 ~ -1 b. Number of signatures found NOT SUFFICIENT IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 16th day of September, 2004. Jesse Durazo Registrar of Voters (SEAL) lJna ~ cj) By:, ~ 11/ '\ JOBcOB /(p -fÚJ Petition Result Breakdown Signatures Required 3919 Raw Count 4,775 Sample Size 500 Percent of Percent of Sigs Checked 500 Sigs Checked Sample Size Sigs Not Checked 0 0.0% Sigs Valid 494 98.8% 98.8% Sigs Invalid 6 1.2% 1.2% Duplicated 1 0.0% 0.2 % Non-duplicate Invalids 5 1.0% 1.0% Approved 494 98.8 % NotReg Not Registered 3 0.6% OutOtoist Out of District 2 0.4% Duplicate Signed more than once 0.2% PCMR040 . Petition Result Breakdown Printed: 9/16/2004 7:49:16AM Page 1 of 1 Ii.? - /7 JobB80 Classification by Race JobB81 Water Ouality JobB82 Transportation.Allocation of Sales JobB83 Election DayVofer Registration JobB8~ LH Open Space & Public Recreation Init JobB85 LH Ref Against Ord Passed by City Coucil JobB86 City of PA-Ref Against Ord #~779 JobB87 City of Sunnyvale-Eminent Domain JobB88 City of Sunnyvale-Building Heights JobB89 City of Sunnyvale-Implementation of Plan JobB90 City of Palo Alto '.¡\Iater Fluoridation JobB91 Recall of Gov Davis JobB92 #988 State Budget Related Taxes & ResE JobB93 #1 008 Overturn Health Care Cov Req JobB9~ # 1 003 Children's Hospital JobB95 # 1 005 ElectionsPrimaries JobB96 #1 007 Mental Health Expansion JobB97 #1 01 0 Emergency & Medical Services JobB98 #1 016 Unfair Business Competiton Laws JobB99 #1 015 Limitations on "Three Strikes" Law JobC01 # 1 027 Tribal Gaming-Renegotiation JobC02 #1 029 DNA Samples JobC03 #1 031 Local G,1 Funds & Revenue JobCO~ #1 021 Stem Cell Research JobC05 #1 0~6 Tribal Gaming-Exclusive Gaming JobC07 SCCo Com ulsa Bindin Arbitration JobC09 Ci~;I of Cupertino-Building Heights JobC1 0 Ci~;I of Cupertino-Density /& -j Ó ·.~! '~ ~~~~? F CUPEIQ1NO . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. \ l Meeting Date: October 4, 2004 SUBJECT AND ISSUE Authorize the City Manager to execute an Amendment to the Joint Funding Agreement with other Santa Clara County cities to update the current scope and authority of the Silicon Valley Regional Interoperability Project. BACKGROUND In 1998, at the direction of the Santa Clara County/Cities Managers' Association, the Santa Clara County Police and Fire Chiefs first established two working groups to study interoperability issues. Interoperability is the ability of public safety agencies to talk across disciplines and jurisdictions via radio communication systems, exchanging voice and/or data with one another on demand, in real time, when needed. In 2001, this collaboration solidified under a formal governance structure and a Joint Funding Agreement was executed by governing bodies from the Cities of Palo Alto, Cupertino, Mountain View, Sunnyvale, Santa Clara, Campbell, Morgan Hill, Milpitas, Gilroy, Monte Sereno, Los Altos, San Jose, Saratoga, the Towns of Los Altos Hills and Los Gatos, San Jose State University, the California Department of Forestry (South County Fire District) and the Santa Clara Valley Water District and the Silicon Valley Regional Interoperability Proj ect (SVRIP) was established. While the overall objective of achieving seamless voice and data interoperability amongst and between emergency response entities at all levels of government is a challenging task that will take many years to fully accomplish, there has been steady progress on the project and significant accomplishments have been achieved towards that goal. Continued participation on the Silicon Valley Regional Interoperability Project serves a great benefit to the City of Cupertino. By partnering with other local municipalities, our city reaps the benefit of information gained through this project and minimizes the financial impact on the budget. Since its inception, the SVRIP has sought to address both voice communication interoperability and the need for real-time, on-demand, exchange of information. It has long understood that along with the technological changes needed to effectuate true interoperability, business process and operational change would be needed as well. Four ongoing subcommittees were established with representatives from the various stakeholder agencies (radio and technical, operations and policy committees). Each tasked with ensuring that the participating jurisdictions were prepared to implement the new solutions as the project progressed. Printed on Recycled Paper 17-1 Although other localities face similar problems in establishing interoperable communications systems, SVRIP has surpassed the level of other projects by mustering a cooperative coalition of over thirty public and private entities. Along with the significant successes the Project has achieved comes the need to expand the current Joint Funding Agreement to reaffirm the commitment to the Project and to ensure the Scope of the Authority for the Steering Committee is in line with the direction of the Project. The Amendment provides an update on the status of the Project, documenting the funding received to date on the SVRlP; it redefines and updates the purpose of the project to coincide with new information available on this important issue; allows for partnerships with other government agencies and private enterprise. It establishes a website, allows for demonstration "pilot" projects; expands the composition of the Steering Committee to reflect a need to have a County Executive on the Committee and a representative from the San Jose UASI. It provides for the addition of new AdHoc members. The Amendment contemplates the future of interoperability and provides enough scope and authority to ensure the project can continue moving forward. It further defines the fiscal agent responsibility, which, along with legal services, has been provided by the City of Mountain View on this Project. Under this amended Agreement, the SVRIP can continue in its efforts to achieve interoperability and build on the successes to date on the Project. FISCAL IMPACT The City has already contributed to the Joint Funding Agreement and there is no additional fiscal impact for this second amendment agreement. RECOMMENDATION: Staff recommends that the City Council Authorize the City Manager to execute an Amendment to the Joint Funding Agreement with other Santa Clara County cities to update the current scope and authority of the Project. Submitted by: Approved for submission: é!4t,t¿¿~ Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager 17-~ SECOND AMENDED SANTA CLARA COUNTY DATA COMMUNICATIONS NETWORK JOINT FUNDING AGREEMENT This Second Amended Joint Funding Agreement ("Agreement") is made by and between the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos, Los Altos Hills, the South Santa Clara County Fire District, County of Santa Clara, San Jose State University and the Santa Clara Valley Water District (individually referred to as "Network Participant" and collectively "Network Participants") and is dated for identification purposes this I" day of September, 2004. Recitals WHEREAS, the Network Participants established the Silicon Valley Regional Interoperability Project ("SVRIP") for the purpose of creating county wide radio interoperability and a public safety radio and data communications network; and WHEREAS, achieving this objective will enable the real time exchange of event and resource information between and amongst automated and non-automated Public Safety Dispatch Centers and key stakeholder agencies within Santa Clara County to improve public safety and emergency services by enhancing field communications during emergencies, reducing response time of emergency resources and enabling intelligence information sharing amongst and between key stakeholder agencies; and WHEREAS, Network Participants desire to continue to participate in the SVRIP to design, architect and implement a county-wide regional radio interoperability and integrated data communications network system that can be implemented in each of the respective agencies at a significant cost savings to each Network Participant; and WHEREAS, the Network Participants also desire to integrate the SVRIP network solution(s) with other regions throughout the Bay Area for the purposes of enhancing public safety operations during regional disasters or other public safety operations; and WHEREAS, the Network Participants have committed to collaboratively solving interoperability and communication issues throughout Santa Clara County WHEREAS, Network Participants have previously established a Steering Committee to oversee and manage the SVRIP and coordinate interoperability, technological and any other initiatives that impact interoperability on a local or regional basis; and WHEREAS, the Network Participants have committed staff resources to research and assess the needs for the Network Participant agencies; and WHEREAS, each of the Network Participants have contributed an equal share of funds to establish the SVRIP; and WHEREAS, on November 3, 2003, the Network Participants retained the professional services of Northrop Grumman Corporation ("NGC") to provide professional management services and to work with the Network Participants to define the scope of the SVRIP, research industry solutions and develop recommendations, create a system specification document, identify potential vendors, and prepare a Request For Proposal for a radio interoperability and data integration network solution; and SVRIP JFA 2nd Amend 090804 Page I of8 /7-3 WHEREAS, the SVRIP has secured Federal Homeland Security funding, as allocated by the Operational Area Approval Authority, to assist in financing NGC's work for the SVRIP; and WHEREAS, the SVRIP is partnering with NGC to identify alternative funding sources; and WHEREAS, the SVRIP has secured approximately $713,000 in federal funding and together with Network Participant funds in the SVRIP account has purchased the required equipment to implement a single command and control interoperability radio channel (BayMACS) and contracted with Santa Clara County Communications (a Network Participant) to install and maintain the BayMACS radio system; and WHEREAS, the SVRIP is partnering with the City of San Jose (a Network Participant) and has received approximately $3.7 million in federal monies through the COPS FY 2003 Interoperable Communications Technology Program to serve as a "model interoperability solution" by implementing a regional microwave network that will serve as a "information pathway" for future interoperability solutions; and WHEREAS, the SVRIP is working with congressional representatives, and state and federal agencies to secure additional funding for interoperability solutions; and WHEREAS, the SVRIP is working with other regional interoperability initiatives in the Bay Area through the Urban Area Security Initiative (VAS!) Advisory Council and the Bay Area UASI Working Group; and WHEREAS, the SVRIP is currently in the design phase of the project and opportunities are arising to obtain federal funding and to participate in regional interoperability efforts through "Proof of Concept" and "Pilot" demonstration projects using state, federal or other alternative funds at no increased cost to the Network Participants; and WHEREAS, the composition of the Steering Committee should be expanded to reflect that interoperability has become a federal initiative and to allow the Network Participants to take advantage of current and future opportunities such as the availability of funding for interoperability, coordination and participation in interoperability initiatives on a local and regional level, and demonstration or pilot projects; WHEREAS, the Network Participants previously approved a Santa Clara County Data Communications Network Joint Funding Agreement for the SVRIP in May 2001; WHEREAS, the Network Participants amended the Santa Clara County Data Communications Network Joint Funding Agreement for the SVRIP in March of 2002; and WHEREAS, Network Participants now desire to amend the Santa Clara County Data Communications Network Joint Funding Agreement to correspond to the current status and funding successes of the SVRIP. THEREFORE, the Network Participants hereby amend the Joint Funding Agreement to read as follows: SVRIP JF A 2nd Amend 090804 Page 2 of 8 17-L/ A. Purpose In accordance with California Government Code Section 6502, the purpose of this Agreement is not to create an independent authority but to jointly exercise the purchasing and contracting power of all the Network Participants to: 1. Retain the professional services of consultants and/or related services for the conceptual design and implementation of a countywide and regional/multi-regional interoperability solution(s), and 2. Purchase hardware and/or software related to the SVRIP interoperability solution(s); and 3. To execute lease, installation and/or maintenance agreements for project equipment, and lease and/or license agreements for housing project equipment and leases for office space or lease expenses, on behalf of the SVRIP directly related to implementing SVRIP interoperability solutions; and 4. To work with federal and state agencies, congressional representative and private entities to fund participation in the costs related to demonstration projects, pilot projects and implementation ofinteroperability solutions / network(s); and 5. To establish and maintain a website to facilitate information sharing on behalf of the SVRIP and related Network Participant communication; and 6. To jointly apply for state, federal and/or private funding grants for SVRIP through the implementation phase of the project; and 7. To enter into agreements with other governmental agencies to achieve interoperability: and 8. To pay for SVRIP travel and other related expenses approved by the Steering Committee. B. Authorization Each Network Participant is authorized by its respective governing body or Board of Directors to jointly exercise the Network Participant's individual power as set forth herein. c. Steering Committee I. a. ComDosition: (I) The Steering Committee shall consist of an odd number of members to allow for a clear majority vote. The following voting representatives shall be appointed from their respective associations on the Steering Committee: (a) A City Manager from the Santa Clara County/Cities Managers' Association; (b) A Fire Chief from the Santa Clara County Fire Chiefs Association; (c) A Police Chief from the Santa Clara County Police Chiefs Association; (d) The Santa Clara County Executive or his or her designee; SVRIP JFA 2nd Amend 090804 Page 3 of8 17-S- (e) A Metropolitan Statistical Area Representative rrom the San Jose VASI; (g) A Data Project Director designated by a majority vote of the Steering Committee; (f) A Radio Project Director designated by a majority vote of the Steering Committee; (g) A representative ftom the Public Safety Communications Manager's Association; (h) A Project Coordinator designated by a majority vote of the Steering Committee; (2) Ad hoc Members. The Steering Committee shall include the following non-voting Ad Hoc representatives: I. Project Attorney(s) designated by the Steering Committee; 2. Finance Director or designee ftom the Network Participant serving as Fiscal Agent for the SVRIP; 3. Public Information Officer (PIO) ftom a Network Participant agency, and designated by the Steering Committee, for coordinating media relations related to the SVRIP; and 4. Other Network Participant agency staff as required and as determined by the Steering Committee 2. Voting. It has been the practice of the Steering Committee to act by consensus. In the event that the Steering Committee is not able to reach a consensus on an issue, a majority vote of the voting representatives shall be determinative. 3. Changes in Committee Membership. Any modifications to the composition of the Steering Committee will be determined by a majority vote of the Steering Committee. However, No voting representative position on the Steering Committee may be eliminated without the approval of the represented entity or association. The Steering Committee shall ensure that the Network Participants are notified of changes in the Steering Committee membership. 4. Authoritv a. Delegation of Authority. Each Network Participant hereby grants the Steering Committee authority to act on behalf of the SVRIP to: (I) purchase professional services, and radio, computer or telecommunications hardware/software, other services or goods directly related to the SVRIP as provided herein; (2) lease real property for housing project equipment or for office space; (3) purchase installation and/or maintenance services from individual Network Participant agencies or 3'd party vendors related to systems implemented as part of the SVRIP; (4) apply for state, federal and/or private alternative funding grants on behalf of the Network Participants for the SVRIP; (5) participate in demonstration projects related to the SVRIP; (6) receive and spend any grant funding or other funding obtained on behalf of the SVRIP; (7) execute and administer any agreements that may be necessary to exercise the authority granted in this paragraph; (8) meet with state and federal governmental agencies and political representatives regarding the SVRIP; and (9) pay for SVRIP travel and project related expenses approved by the Steering Committee. b. Limitation. The Steering Committee is authorized to spend only those monies: (1) previously paid by each of the Network Participants under the March 5, 2002, Amended Santa Clara County SVRIP JFA 2nd Amend 090804 Page 4 of8 /7-0 Data Communications Network Joint Funding Agreement; and (2) any grant funding received by the SVRIP provided the funding is spent in accordance with any and all requirements of any applicable grant, purchasing or bidding regulations. D. Duties and Responsibilities of Fiscal Agent 1. Agencv/Trust Account: A Network Participant shall serve as the Fiscal Agent for the SVRIP. The City of Mountain View currently serves as the Fiscal Agent for the SVRIP. The Fiscal Agent shall deposit all the payments it receives on behalf of the Network Participants, including any grant or alternative funding into an Agency/ Trust Account. In lieu of an administrative fee for administering the account, no interest shall accrue to the account. The Steering Committee shall designate in writing three (3) Steering Committee members who have legal authority to approve invoice payment requests related to the SVRIP. Upon receipt of written authorization ftom two (2) of the three (3) designated Steering Committee designees, the Fiscal Agent shall make payments on behalf of the Network Participants pursuant to an executed agreement with the Network Participants. 2. Use of Funding: The Fiscal Agent shall only spend the monies received under this Agreement in accordance with section C.4 of this Agreement, upon receipt of an approved invoice from the Steering Committee, and in accordance with any applicable grant requirements or other regulations. 3. Grant ReDorting and Audit Requirements: The Network Participants shall be responsible for any reporting or audit requirements and related costs required for any grant funding received by the SVRIP. The Steering Committee shall coordinate any required reports or audit responses. The Fiscal Agent, and any other Network Participant, shall respond to any reasonable requests ftom the Steering Committee for information that may be required to comply with grant reporting or audit requirements. 4. Accounting: Except as may be required by any applicable grant agreement, no more than twice per fiscal year and only upon receipt of written request from the Steering Committee, the Fiscal Agent will provide an accounting to the Steering Committee of the monies paid ftom the Agencyrrrust Account pursuant to this Joint Funding Agreement. E. Term. This Agreement shall terminate upon written notice ftom the Steering Committee that the objectives of the SVRIP have been achieved. Such notice will include a plan for the disposition of all assets held on behalf of the Network Participants. Upon receipt of that notice, the Network Participants shall have thirty (30) days to register any objections in writing with the Steering Committee relating to this Agreement. Any Network Participant may withdraw ftom this Agreement effective at least one hundred twenty (120) days prior written notice to each of the other Network Participants. The Network Participants acknowledge that they have already received the maximum benefit of their financial contribution to the SVRIP and a Network Participant is not entitled to any reimbursement of its contribution upon withdrawal ftom the SVRIP. SVRIP JF A 2nd Amend 090804 Page 5 of8 17-7 F. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Network Participants pursuant to Government Code Section 895.6, the Network Participants agree that all losses or liabilities incurred by any Network Participant shall not be shared pro rata but instead each of the Network Participants agree that pursuant to Government Code Section 895.4, each of the Network Participants hereto shall fully indemnify and hold each of the other Network Participants, their officers, board members, employees and agents, harmless !Tom any claim, expense or cost, damage or any liability arising out of the performance of this Agreement, payments or purchases made by the Fiscal Agent pursuant to the terms of this Agreement or the acts of the Steering Committee on behalf of the Network Participants. G. Notices. All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other Network Participants at the addresses set forth on the signature pages of this Agreement or at such other address as the Network Participants may designate in writing in accordance with this section. H. Governing Law. This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement will be in the County of Santa Clara. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with the applicable law or stricken, if not so conformable, so as not to affect the validity or enforceability of this Agreement. SVRIP JF A 2nd Amend 090804 Page 6 of 8 /7-,f The Network Participants have caused this Amended Agreement to be executed by their duly authorized representatives. CITY OF CAMPBELL TOWN OF LOS GATOS Bernard Strojny, City Manager City of Campbell 70 North First Street Campbell, CA 95008 Debra Figone, Town Manager Town of Los Gatos 110 E Main Street Post Office Box 949 Los Gatos, CA 95031 CITY OF CUPERTINO CITY OF MILPITAS David Knapp, City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Thomas Wilson, City Manager City of Mil pitas 455 E. Calaveras Boulevard Milpitas, CA 95035 CITY OF MONTE SERENO CITY OF GILROY Brian Loventhal, City Manager City of Monte Sereno 18041 Saratoga-Los Gatos Road Monte Sereno, CA 95030 Jay Baksa, City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CITY OF MORGAN HILL CITY OF LOS ALTOS Ed Tewes, City Manager City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 Phil Rose, City Manager City of Los Altos I North San Antonio Road Los Altos, CA 94022 CTY OF MOUNTAIN VIEW TOWN OF LOS ALTOS HILLS Kevin Duggan, City Manager City of Mountain View 500 Castro Street Post Office Box 7540 Mountain View, CA 94039 Maureen Cassingham, Town Manager Town of Los Altos Hills 25379 Fremont Road Los Altos Hills, CA 94022 SVRIP JF A 2nd Amend 090804 Page 7 of8 /7-q CITY OF P ALO ALTO Frank Benest, City Manager City of Palo Alto 250 Hamilton Avenue Post Office Box 10250 Palo Alto, CA 94303 CITY OF SAN JOSE Del Borgsdorf, City Manager City of San Jose 801 North First Street, Room 436 San Jose, CA 95110 CITY OF SANTA CLARA Jennifer Sparacino, City Manager City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 COUNTY OF SANTA CLARA Pete Kutras, Jr., County Executive Santa Clara County 70 West Hedding Street Eleventh Floor, East Wing San Jose, CA 95110 CITY OF SARATOGA Dave Anderson, City Manager City of Saratoga 13 777 Fruitvale Avenue Saratoga, CA 95070 SAN JOSE STATE UNNERSITY Andre Barnes, Chief of Police San Jose State University Police One Washington Square San Jose, CA 95192 SOUTH SANTA CLARA COUNTY FIRE DISTRICT Steven Woodill, Fire Chief South Santa Clara County Fire District Protection 15670 Monterey Street Morgan Hill, CA 95037 SANTA CLARA VALLEY WATER DISTRICT Stanley M. Williams, Chief Executive Officer Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3614 SVRIP JF A 2nd Amend 090804 Page 80f8 17-;V I I j~i ~.\~ /' ,>--' City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kirnberlys@cupertino.org ______............ I -. .- CUPEIQ1NO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~ Meeting Date: October 4, 2004 SUBJECT AND ISSUE Receive a resignation letter from Telecommunications Commissioner David Eggleston, and post an amended vacancy notice. BACKGROUND At the September 20 meeting, Council set an application deadline of October 22 and an interview date of November I to fill an unscheduled vacancy on the Telecommunications Commission, which resulted from the resignation of Salvatore Algeri. On September 29,2004, the City received a resignation letter from David Eggleston, who serves on the same commission. His term will expire on January 2007. RECOMMENDATION: Staff recommends that City Council take the following steps: A. Accept Mr. Eggleston's resignation. B. Direct staff to post an amended notice to announce two unscheduled vacancies. C. Confirm the application deadline of Oct. 22, and interview time of Nov. I at 5:30 p.m. Submitted by: ~kid~ Kimberly Smit City Clerk Approved for submission: R¿¿ David W. Kriapp City Manager Printed on Recycled Paper /8-/ Grace Schmidt From: Sent: To: Cc: Subject: Rick Kitson Wednesday, September 29, 2004 8:25 AM 'L.T. Guttadauro' Grace Schmidt; Linda Lagergren Telecomm vacancies and meeting cancellation L. T., First, we cancel the October meeting. Second, With this e-mail I am letting the city clerk's office know so that they may add the new vacancy to the agenda on October. Best regards, Rick Kitson Public Information Officer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 408.777.3200 phone 408.777.3366 fax rickk@cupertino.org -----Original Message----- From: L.T. Guttadauro [mailto:l.guttadauro@comcast.netJ Sent: Wednesday, September 29, 2004 8:23 AM To: Rick Kitson Subject: FW: Oct. 6th Telecornm Meeting Importance: High HI Rick - what do you suggest we do or ask Dave to do? Thanks, L.T. -----Original Message----- From: egglestondm@netscape.net [mailto:egglestondm@netscape.net] Sent: Tuesday, September 28, 2004 9:15 PM To: l.guttadauro@comcast.net Subject: Oct. 6th Telecomrn Meeting Hi LT - I will also be unavailable for the meeting. Work is hectic now. time for me to follow Sal's lead and retire from the commission. been a great ride and a pleasure to know and work with all of you accomplished some great things. We have much to be proud of. It may be It has folks. We Please treat this email as my resignation letter. If there is anything else that I can do to help you before I leave, please let me know. Best Regards I David Switch to Netscape Internet Service. As low as $9.95 a month -- Sign up today at http://isp.netscape.com/register Netscape. Just the Net You Need. 1 I'D-a.. I ,,,",, I '1 10\ ~~, ,./,r J . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777 -3223 FAX: (408) 777-3366 CUPEIQ1NO OFFICE OF THE CITY CLERK Summary Agenda Item No. \ 9 Meeting Date: October 4, 2004 SUBJECT AND ISSUE Notice of commissions with terms expiring January 15, 2005, and selection of dates for applications and interviews. BACKGROUND The Cupertino City Council appoints members to 12 advisory commissions and committees. For most commissions, members serve staggered, four-year terms with a two-term limit for each commission. If a person is appointed to fill an unscheduled vacancy, that partial term is not counted against the term limit. Terms expire on January 15, and information about the upcoming vacancies is announced in October. Recruitment, appointment, and reappointment are governed by Resolution No. 02-064, and Government Code section 54970. Vacancies will be announced in the local news media, posted at City Hall and the Library, and included in the Cupertino Scene and the City's web site. Notices are also mailed to CERT graduates, Leadership Cupertino graduates, Neighborhood Block Leader, service organizations, and other interested parties. The Teen Commission is governed by City Council Resolution No. 04-405 and follows a different appointment schedule and structure. The attached list describes all the commissions and committees, and lists the names of incumbents whose terms are ending in January 2005. Applicants may apply for up to two commissions and each applicant is interviewed for his or her preferred commission( s). Printed on Recycled Paper /q-/ STAFF RECOMMENDATION Staff recommends the following: 1. Application deadline: December 28, 2004 2. Interviews: Monday & Tuesday, January 10 and II Conference Room A, 6:00 p.m. SUBMITTED BY: APPROVED FOR SUBMISSION TO THE CITY COUNCIL: Ki~J~ City Clerk ~ David W. Knapp City Manager 19-d-" CITY OF CUPERTINO APPOINTMENTS LIST AND NOTICE OF VACANCIES .2005 C F CUPEI(IlNO Notice is hereby given that the City of Cupertino encourages residents to apply for positions on City commissions and committees that will have vacancies in 2005. The application deadline is 5:00 p.m. on Tuesday, December 28,2004. Council will conduct interviews beginning at 6:00 p.m. on Monday and Tuesday, January 10 and 11. Commissioners are interviewed and appointed by the City Council, and may serve a total of two consecutive 4-year terms. (The Teen Commission has a different term structure). If a person is appointed to fill an unscheduled vacancy, that partial term is not counted against the term limit. All meetings are open to the public. For more information or to apply for a commission, contact the Cupertino City Clerk's Office at 777-3223, or visit the city website at www.cupertino.org. Audit Committee Terms Ending Gillian Enos Date First Appointed February 2001 (1st term) Term Ends January 2005 The Committee consists of five members serving four-year terms. Two individuals are members of City Council, and three are city residents or representatives from Cupertino businesses. The business representatives shall not be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Committee, the City Manager or staff person assigned to the Committee. An Audit Committee at large member is not required to be a Cupertino resident, but the City Council may give priority to individuals who have substantial accounting or investment experience, preferably in connection with a govemmental agency. The powers and functions of the Audit Committee shall be as follows: A. Review the annual audit report and management letter; B. Recommend appointment of auditors; C. Review the monthly Treasurer's report; D. Recommend a budget format; and E. Review City investment policies and internal controls of such policies. The Cupertino Audit Committee meets as needed in January, April, July, and October on the 3,d Thursday of the month at 4:00 p.m. at City Hall in Conference Room A. For more information, call staff liaison Carol Atwood at (408) 777-3220. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. /9-3 Bicycle Pedestrian Commission Terms Ending Joseph Walton May Koski Date First Appointed October 2002 (1st term) April 2004 (Partial term) Term Ends January 2005 January 2005 The Commission consists of five members appointed by the council to four-year overlapping terms, none of whom shall be officials or employees of the City nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the Commission. All members shall be City of Cupertino residents. The function of the Commission is to review, monitor and suggest recommendations for City transportation matters including, but not limited to bicycle and pedestrian traffic, parking, education and recreation within Cupertino. The Bicycle Pedestrian Commission meets the third Wednesday of each month at 7 p.m. in City Hall, Conference Room A. For more information, call staff liaison Glenn Goepfert at (408) 777-3244. Community Development Block Grant (CDBG) Steerine; Committee Terms Ending Vacant Vacant Date First Appointed Vacant Vacant Term Ends January 2005 January 2006 The Steering Committee is the lead citizen participation group in the planning and programming process of the CDBG program. The Steering Committee will be involved in the entire CDBG and consolidated planning process. Three members must represent low and moderate-income areas and one member is a citywide representative. The other five members consist of the Housing Commission members. Its specific responsibilities shall be: a. To advise the City Administration and the City Council in the development of the Consolidated Plan and its related programs. b. To conduct public meetings on the development of the Plan and its programs, and to review and evaluate proposals from the Community Based Organizations. c. To assist the City Council in conducting Public Hearings on the Plan and its programs. The CDBG Steering Committee meets, as needed at 6:30 p.m., the second Thursday of the month at City Hall, Conference Room C. For more information, call staff liaison Vera Gil at (408) 777-3308. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. ¡q-q Fine Arts Commission Terms Ending Dr. Nancy Canter Carl Orr Date First Appointed January 2001 (1st term) January 2001 (1st term) Term Ends January 2005 January 2005 The Commission consists of five members appointed by Council for four-year terms. None of the members shall be employees or officials of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or staff person assigned to the Commission. At least three shall be Cupertino residents. The powers and functions of the Fine Arts Commission shall be to foster, encourage and assist the realization, preservation and advancement of the fine arts for the benefit of the community. The Fine Arts Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 7:00 p.m. on the fourth Tuesday of the month at City Hall, Conference Room A. For more information, contact staff liaison Kimberly Smith at (408) 777-3217. Housioe: Commission Terms Ending Sarah Hathaway-Feit Date First Appointed January 2001 (1st term) Term Ends January 2005 The Cupertino Housing Commission consists of five members appointed by the council to four-year terms. One must be a representative from a Cupertino financial institution and another from a Cupertino business. Housing Commission members who are representatives of a financial institution or a business are not required to be Cupertino residents, but the financial institution and the business represented must be located in Cupertino. The two community members and the City's appointed representative to the Santa Clara County CDBG Citizens Advisory Committee must be residents of Cupertino. The committee assists in developing housing policies and strategies, recommends policies for implementation and monitoring of affordable housing projects, helps identify sources of funding for affordable housing and other advisory functions authorized by the City Council. The Cupertino Housing Committee falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 6:30 p.m., the second Thursday of the month at City Hall, Conference Room C. For more information, call staff liaison Vera Gil at (408) 777- 3308. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. ¡C;-5 Library Commission Terms Ending Eno Schmidt Yuhfen Diana Wu Janet Riddell Date First Appointed January 2001 (1st term) January 2001 (1st term) February 2001 (1st term) Term Ends January 2005 January 2005 January 2005 The commission consists of five members appointed by the Council to four-year, overlapping terms. At least three members must be residents of Cupertino. None of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. The commission advises the city council on the adequacy oflibrary service within the community and such other matters relating to library service as specified by the city council; and serves as liaison between the city and the Santa Clara County library system. The Library Commission meets at 7:00 p.m. on the third Tuesday of the month at City Hall, Conference Room A. For more information, call staff liaison Carol Atwood at (408) 777-3220. Parks and Recreation Commission - No vacancies The commission consists of five members who are residents of the City and shall be appointed by the council to four-year, overlapping terms. None of the members shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The commission advises the city council on municipal activities in relation to parks and recreation, including park site acquisition and development, recreation program policy, and expansion of the park program as development occurs. The Parks and Recreation Commission falls under the Political Reform Act of 1974 and financial disclosure is required. The Parks and Recreation Commission meets at 7:00 p.m. on the first Thursday of each month in the City Hall Council Chambers. For more information, contact staff liaison Therese Smith at (408) 777-3110. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. /9-0 Plannin2: Commission Terms Ending Angela Chen Marty Miller Gilbert Wong Date First Appointed January 2001 (1st term) March 2003 (Partial term) May 2002 (Partial term) Term Ends January 2005 January 2005 January 2005 The Commission consists of five members appointed by the council to overlapping four-year terms. Each member shall be a qualified elector in and resident of the City. None of the members shall be officials or employees of the City and none of whom shall cohabit with as defined by law, nor be related by blood or marriage to any other member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The Commission's primary function is to advise the city council on land use matters such as specific and general plans, zonings and subdivisions. The commission reviews other matters as specified by city ordinances or Title VII of the Government Code of California. The Planning Commission meets at 6:45 p.m. on the second and fourth Monday of the month in the City Hall Council Chambers. For more information, call staff liaison Steve Piasecki at (408) 777-3308. Public Safety Commission - No vacancies The commission consists of five members, all of whom shall reside within the City and shall be appointed by the council to four-year, overlapping terms. None shall be officials or employees of the City, members of the Sheriffs Department of the County, either regular or reserve, nor shall they be members of the Central Fire Protection District. No members of the Public Safety Commission shall cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. The primary functions are to advise the city council on all areas relating to public safety, traffic, and police, fire and other matters relating to the foregoing. The Public Safety Commission meets at 7:00 p.m. on the second Thursday of the month at City Hall, Conference Room A. For more information, call staff liaison Glenn Goepfert, 777-3244. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. /q-] Senior Commission - No vacancies The Senior Citizens Commission shall consist of five members who are residents of the City who reflect the diverse senior community and shall be appointed by the council to four-year, staggered terms with no more than three terms expiring at one time. At least one commissioner shall be a member of the Cupertino Senior Center Volunteer Advisory Council. The primary functions are to advise the City Council on all matters relating to various activities that provide meaningful recreational, social, educational, safety, housing, transportation, and health services to senior citizens within the community. The commission shall hold regular meetings as necessary, and at the discretion of the commission, such other meetings as may be necessary or expedient. The commission shall meet no fewer than four times per year. For more information, call staff liaison Julia Lamy, 777-3374. Teen Commission - No vacancies The commission consists of thirteen members, including at least one person from each public middle school and public high school in Cupertino. Membership on the Commission is limited to Cupertino residents. Members may attend schools outside of the city limits, or be schooled at home. Commissioners must be in 8th through 12th grade. Teen Commissioners are appointed to two-year terms. The powers and functions of the Teen Commission are to advise the City Council and staff on issues and projects important to youth. The Teen Commission meets twice a month on the 1st Monday and the 3rd Wednesday of each month at 6:00 p.m. at the Quinlan Community Center. For more information, contact staff liaison Christine Hanel, (408) 777-3120. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. ¡9-f Telecommunications Commission - No vacancies The Commission consists of five members, ITom among the qualified electors of the City, appointed by the council to four-year, overlapping terms. None of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. They advise the city council on all matters relating to telecommunications within the city of Cupertino, including evaluating compliance with any franchise or other agreement between the city and a telecommunications provider and conducting periodic reviews of providers, facilities, and products. In addition, members serve as liaisons between the city, the public, and telecommunications providers in enhancing education and information. The commission also provides support for community access television, especially public and educational access, and gives guidance when needed for development and implementation of access channels and programming. The Telecommunications Commission falls under the Political Reform Act of 1974 and financial disclosure is required. The Telecommunications Commission meets the first Wednesday of each month at 7 p.m. at City Hall, Conference Room A. For more information, contact staff liaison Rick Kitson at (408) 777-3262. Incumbents whose first terms are ending may choose to reapply for a second term. Incumbents who are not eligible to reapply are marked with an asterisk by their name. ¡q-9 aD-I Mayor, City of Cupertino City Clerk APPROVED: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Members oftheQ!y Council Vote INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20' day of September, 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 4th day of October 2004, by the following vote: , Section I. That the property described in attached Exhibit A is hereby rezoned to PD(Gen. Com, Light Ind., Hotel, Reg. Sho~. and Res); and that Exhibit A attached hereto is made part of the Master Zoning Map ofthe City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. NOW, THEREFORE, BE IT ORDAINED AS'FOLLOWS: WHEREAS, an application was received by the City (Application no. Z-2004-0l) for the rezoning of properties to PD(Gen. Com, Light Ind., Hotel, Reg. Shop. and Res); and WHEREAS, the rezoning is consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map ofthe City of Cupertino. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RE- ZONING A 7.5-ACRE SITE FROM PLANNED DEVELOPMENT (GENERAL COMMERCIAL, LIGHT INDUSTRIAL, HOTEL, REGIONAL SHOPPING) TO PLANNED DEVELOPMENT (GENERAL COMMERCIAL, LIGHT INDUSTRIAL, HOTEL, REGIONAL SHOPPING, RESIDENTIAL). ORDINANCE NO. 1946 DRAFT éJj-f Mayor, City of Cupertino City Clerk APPROVED: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Vote INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20" day of September, 2004 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 4th day of October 2004, by the following vote: Section 1. That section 2.2 Vested Elements, of the development agreement described as 1- DA-90 is hereby amended to add a sub-section (D) adding the development proposed in U-2004-10 and ASA-2004-l4 as vested elements ofthe development agreement. Said section 2.2 D shall read as follows: (D) Applications U-2004-1O and ASA-2004-14 for 138,760 square feet of new retail space and 204 residential units on the "Rose Bowl" portion of the site and a parking structure as shown on the approved exhibits for said applications. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: WHEREAS, an application was received by the City (Application no. M-2004-06) for the modification ofa development agreement (I-DA-90) to encompass the development proposed in U- 2004-10 and ASA-2004-l4 for 138,760 square feet of new retail space, 204 residential units and a parking structure; and WHEREAS, the modification is consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MODIFYING A DEVELOPMENT AGREEMENT (I-DA-90) TO ENCOMPASS THE DEVELOPMENT PROPOSED IN U-2004-10 AND ASA-2004-14 FOR 138,760 SQUARE FEET OF NEW RETAIL SPACE, 204 RESIDENTIAL UNITS AND A PARKING STRUCTURE. DRAFT ORDINANCE NO. 1947 a.J.-1 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. 2. Publication Clause C. A development zoning plan or conceptual zoning plan must be adopted as in effect prior to the filing of a vested tentative map for the subject property. 18.28.050C Filin2 and Processin2 A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by other provisions of this title, requires filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with provisions hereof. I. Amendment 18.28.040 A.l!P.lication THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS SECTIONS l8.28.040A AND l8.28.0S0C OF THE CUPERTINO MUNICIPAL CODE TO READ AS FOLLOWS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTIONS 18.28.o40A and 18.28.050C OF THE CUPERTINO MUNICIPAL CODE RELATING TO VESTING TENTATIVE MAPS ORDINANCE NO. 1948 DRAFT ~.;¡ - c;¡.,. 2 Mayor, City of Cupertino City Clerk APPROVED: ATTEST: Vote: Ayes: Noes: Absent: Abstain: Members of the Ci!y Council PASSED: INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of September 2004, and ENACTED at a regular meeting of the City of Cupertino this 4th day of October 2004 by the following vote: IteM =tÞ\~ City of Cupertino Department of Community Developm 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 E~~~~E~ EXHIBIT,~;t· CUPERTINO CITY CLERK GROOM MARGUERITE E 10053 JUDY AV CUPERTINO CA A.P.N.: 375-07-047 95014 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CUPERTINO WILL HOLD A PUBLIC HEARING ON THE MATTER DESCRIBED BELOW: . APN No(s) : 316-20-064, 316-20-055, 316-20-052, 316-20-063, 316-20-062, 316-20- 067, 316-20-081, 316-20-037, 316-20-038, 316-20-082, and 316-20-080 Application No. (s) : Applicant: Location: Z-2004-01, U-2004-10, ASA-2004-14, M-2004-06, Mike Rohde of Va11co Shopping Center 10123 and 10150 N. Wolfe Rd. and EA-2004-11 Consider rezoning of a 7.5 acre site from Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping) to Planned Development (General Commercial, Light Industrial, Hotel, Regional Shopping I Residential); approving a Use Permit to construct 204 residential units and a parking structure; approve architectural and site approval for 138,760 square feet of new retail space, 204 residential units and a parking structure; and approve a modification of a Development Agreement (1-DA-90) to encompass the development proposed in U-2Q04-10 and ASA-2004-14 This item is categorically exempt and is recommended for approval. THE MEETING TIME THAT SAID APPLICATION WILL BE HEARD BY THE CITY COUNCIL WILL BEGIN AT: 6:45 P.M. ON Monday, September 20th, 2004 The time this item will be heard on the agenda can not be predicted. IN THE COUNCIL CHAMBERS OF CITY HALL, 10300 TORRE TIME AND PLACE ALL PERSONS INTERESTED THEREIN MAY MATTER. THE AGENDA FOR THIS APPLICATION WILL BE AFTERNOON PRECEDING THE MEETING. IF YOU CHALLENGE THE ACTION OF THE CITY COUNCIL IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF CUPERTINO AT, OR PRIOR TO, THE PUBLIC HEARING. AVENUE, CUPERTINO, AT WHICH APPEAR AND BE HEARD ON SAID AVAILABLE ON THE FRIDAY NOTE: ITEM MAY BE SUBJECT TO CHANGE. IF INTERESTED IN AN ITEM, PLEASE CALL PRIOR TO MEETING DATE TO VERIFY IF APPLICATION IS STILL ON THE AGENDA. NOTE TO OWNERS OF RECORD: Notice to tenants is the responsibility of owners. J /lMJ¿ /70 :f;e.(-h.6YlS/õ¿pfVJ~cr Qs C/~¡;.i;rJ£' / ~ r)~1LL-01Ler-ð7/Ù \S¥I c>2CJ ~Dy Kim Smith City Clerk a..(/O-4-0Y'it '1 City of Cupertino EXH 1 B 11 cOPS Grant Options FY 04/05 Second School Resource Officer (SRO) - Utilize $100,000 from the COPS grant plus $5,000 from FUHSD plus $5,000 from CUSD. City has applied to Rotary for an additional $10,000. Additional Full Time Code Enforcement Officer - Utilize $90,000 from the COPS grant for an additional full- time code enforcement officer. Utilize $10,000 for miscellaneous equipment. Radar Guns/Additional Part Time Code Enforcement Officer - Utilize $36,000 from the COPS grant for 24 radar guns at $1,500 each. Current equipment is 3 years old. Estimated useful life is 5-7 years. Utilize $64,000 from the COPS grant for a part-time code enforcement officer. '.