The URL can be used to link to this page

CC 11-19-01Noveiiiber 19, 2001 Cupertino City Council & Page 2 Cupertino Redevelopment Agency 8. Fine Arts Commission recommendations for awarding fine arts gran~s in November, 2001. 9. Approve the destruction of records from the City Clerk files, which are in excess of two years old, Resolution No. 01-236. 10. Annexation: Make determinations and approve the reorgan/zation of ten/Wry designated "Creston Drive 01-06", property located on the north side of Creston Drive between Baxter Avenue and Groveland Drive; approximately 0.245 acre, Lim (APN 326-11-006), Resolution No. 01-237. 11. Annexation: Set date for consideration of reorganization of area designated "Alcazar Avenue 01-01", property located on the south side of Alcazar Avenue between Byme Avenue and Almaden Avenue; approximately 0.2088 acre, Lewizky (APN 357-14.036), Resolution No. 01-238. 12. Declare weeds and brush on certain properties a nuisance and setting hearing for objections to proposed removal, Resolution No. 01-239. 13. Fee waiver request from Pacific Scribes for waiver of use fees for its Holiday Card Exchange at the Quinlen Community Center on December 7, 2001, in the approximate amount of $134.00. 14. Fee waiver request from the Fine Arts League in the approximate amount of $1,920.00 for their use of Blackberry Fam~ for their Open Studios event on April 27 and 28, 2002. 15. Fee waiver request from the Optimist Clubs of Cupertino and De Anza/Cupertino in the approximate amount of $100.00 for their November 8 event. 16. Authorization to spend an amount not to exceed $40,000.00 on purchase of equipment for a mobile skate park. The funds are available in the adopted 2001-02 C]1~ budget. 17. Authorize Nextel to sublease site to Metro PCS, Inc., for installation of mobile/wireless communication facilities at the Cupertino Service Center (Site CA-2151), Resolution No. 01-240. 18. Award of contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to County Park Entrance, Project 98-120, and addition of $75,000 to the project budget. 19. Impwvement Agreement, Cupertino Community Services, 20235 Stevens Creek Blvd., APN 316-24-008, Resolution No. 01-241. 20. Impwvement Agreement, William J. C-ignac and Nancy L. Keder, 10255 Hillcrest Road, APN 326-16-008, Resolution No. 01-242. NovemBer 19, 2001 Cupertino City Council & Page 3 Cup~rtiao Redevelopment Agency 21. Grant of Easement, Roadway, William J. C-ignac and Nancy L. Keder, 10255 Hillcl~st Road, APN 326-16-008, Resolution No. 01-243. 22. Recommendation for 2001-02 Human Services funding program. 23. Consider closure of city offices on Christmas Eve and New Year's Eve. 24. Declare the votes for and agsin~t Measure D: the Garden Gate Reorganization Ballot and confuai its previous action to approve the reorganization of Garden Gate, Resolution No. 01-244. 25. Year end budget adjustment for 2000-01. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 26. Appeal of Planning Commission appwval of Application No. 14-ASA-01, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apadu,~ent buiIdlng at Lot 1, Tract 7953, Cupertino City Center (APN 369-01-029). The applicant is the Stevens Creek Ap~,h,~ents (Verona). The appeal was filed by Don Bumett. 27. Approve Use Permit to construct 9 single family townhomes on an approximately one acre parcel and rezoning of an approximately one-acre parcel from RI-10 to P(Res); Tentative map to subdivide an approximately one-acre parcel into nine parcels for a townhome development; Application Numbers: 08-U-01, 06-Z-01, 03-TM-01, 14-gA-01; R&Z Development. The project is located at 20075 De Palma Lane; APN 369-32-003. A Negative Declaration is recommended, and this item is recommended for approval. A. First reading of Ordinance No. 1889: "An Ord/n~uce of the City Council of the City of Cupertino Rezoning a 1.04-Acre Lot from R1-10 to P(Res) to Allow 9 Single-Family Townhouses Located at 20075 De Palina Lane." Actions to be taken: 1. Approve application, modify or deny 2. Approve Negative Declaration 28. Application for the rezoning of appmxlmately 20 acres from Light Industrial to Planned (Light Industrial) to provide for a previously approved transfer of office square footage from an adjacent parcel; Application Number:. 0T-Z-01. The applicant is Grosvenor . California Limited and the project is located at 10120 Imperial Avenue and Results Way; Assessor Parcel Numbers: 357-20-013, 35%20-040, 357-20-042, 357-17-067, 357-17- 068 and 357-18-033. This item is recommended for approval. A. First reading of Orai~ce No. 1890: "An Ordinance of the City Council of the November 19, 2001 Cupertino City Council & Page 4 Cupertino Redevelopment Agency City of Cupertino Rezoning Appwximately 20 Acres of Property Located on Results Way From ML(Light Industrial) to P(ML) (Planned Development Light Industrial)". Actions to be taken: 1. Appwve application, modify or deny PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 29. Selection of application deadlines and intervivw datcs for an unscheduled vacancy on the Planning Commission. 30. Council discussion of Council member Chang's memo regarding commission appointment process. ORDINANCES STAFF REPORTS COUNCIL REPORTS Mayor Sames: Cupertino Audit Committee Economic Development Team Environmental Review Committee - Alternate Leadership Cupertino Legislative Rcview Committee Library Steering Committee Northwest Flood Control Zone Advisory Committee - Alternate Santa Clara County Cities Association Santa Clara C.ounty Emergency Preparedness Commission Teen Task Force West Valley Mayors and City Managers Vice-Mayor Lowenthal: Animal Control ~PA Association of Bay Area Governments. Cupertino Audit Committee Economic Development Team Environmental Review Committee Santa Clara County Cities Association - Alternate November 19, 2001 Cupertino City Council & Page 5 Cupmino Redevelopment Agency Santa Clara County Committee on Housing and Community Development Block Grant Program- Alternate Santa Clara County Library Di~i~ict JPA Board of Directors Santa Clara County Transportation Agency Policy Advisory Committee - Alternate Teen T~sk Forcc- Alternate West Valley Mayors and City Managers- Alternate Councilmei~iber Burnett: ABAG Board of Directors, Santa Clara County Cities Association Representative North Ccntral Flood Con~rol Zone Advisory Committee Northwest Flood Conlrol Zone Advisory Committee Public Dialog Liaison Recycling and Weste Reduction Commission of Santa Clara County- North County ~presentative Santa Clara County Committee on Housing & Community Development Block Grant Program Santa Clara County Library District ~PA Board of Directors - Alternate Santa Clara County Tr~n~o~ation Agency Policy Advisory Committee Santa Clara Valley Water Commission Councilmember Chang: Association of Bay Area Governments - Alternate Leadership Cupertino Legislative Review Committee Library Steering Con~mlttee Public Dialog Liaison Santa Clara County Emergency Preparedness Commission - Alternate Sister City Committee - Toyokawa CLOSED SESSION Adjourn to a swearing-in ceremony for the incoming City Council, November 28, 6:00 p.m., City Hall Council Chambers. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. DRA~-I' CUPERTINO CITY COUNCIL Regular Adjourned Meeting Friday, October 5, 2001 CALL TO ORDER At 1:10 p.m. Mayor James called the meeting to order in the Cupertino Room of the Quinlan Community Center, 10185 N. Stelling Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burner and Michael Chang. Council members absent: None. Staffpresent: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, Senior Planner Vera Gil, Associate Planner Peter Gilli, City Attorney Charles Kilian, City Clerk Kimberly Smith, Secretary to City Manager and City Council Linda Lagergren, and Community Relations Coordinator Laura D. Lee. NEW BUSINESS 1. "Voices and Visions: A Cupertino Community Congress" Members of the Public Dialogue Consortium and volunteers served as facilitators in large and small discussion groups to hear updates on current issues and receive suggest/om to shape Cupertino's future. The discussion topics and solutions were summarized at the conclusion of the meeting, as follows: Housing - Density, affordability, and types of housing Traffic and Transportation - Alternative modes of transportation, safety/schools, and congestion (environmental impacts) Communication - Adequate and timely information; trust and respect among city government, staff, and residents; and cross-cultural communication Systemic Decision Making - The interrelationships among transportation, housing, youth, environment, and quality of life. Youth- Teen center, city/school partnerships for after-school activities, and recreational activities. 3-/ October .g, 2001 Page 2 At 8:25 p.m. Council adjourned to a study session regarding Council goals, to be held Friday, October 12, in the Conference Room of the Quinlan Community Center, 10185 North S telling Road. The meting is scheduled for 9 a.m. to 12 p.m. Kimberly Smith, City Clerk DP. AFl MINUTES CUPI~.RTINO CITY COUNCIL Regular Adjourned Meeting Friday, October 12, 2001 ROLL CALL At 9:08 a.m. Mayor James called the meeting to order. City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burnett and Michael Chang. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Qualls, Public Info~-~ation Officer Rick Kitson, Executive Secretary Linda Lagergren, City Attorney Charles Kilian, and Deputy City Clerk Grace Johnson. ORAL COMMUNICATIONS - None STUDY SESSION 1. Council goals update. Council discussed a number of points from the handout, which was updated· October 2001 and titled, "City Council Goals 2001" was reviewed. Highlights included: · Library · Trails Plan · Youth Issues · Pursue"Downtown" Development Opportunities · Street Safety- Walkable Community · Diversity · Economic Development · General Plan · Public Safety · Affordable Housing · Annexation · · Sports Center Building Strategy LIBRARY James summarized the library discussion into three points: 1) The City can't afford to financially disrupt the pwcess; 2) Some financial decisions would need to be made before moving forward, depending on the election and fundraising; 3) There is a need for 3-3 October 1~, 2001 Cupertino City Council Page 2 additional outreach to those groups that arc not represented in thc general library meetings. Council concurred to consider meetings for library focus groups, which would allow the users and library staff to have more of an input; staff was directed to bring back recommendations after the meeting on October 24, 2001. TRAILS PL,4N Discussion was held about the Stevens Creek Trail, the San Tomas/Saratoga Creek Plan and the Union Pacific Trail (UPPR). YOUTH ISSUES Parks and Recreation Director Therese Ambrosi Smith said that a vendor demonstrated a mobile skate park. Smith recommended using money currently in the budget to purchase the mobile skate park. Council concurred to put the item on the November 19, 2001 agenda. Council discussed the Sports Center issues, including the fact that some Sports Center members feel strongly about sharing the space with youth and other programs. Council said that it was important to provide alternatives in a public forum in order to be open to compromise. Smith talked about her vision for the Teen Center being incorporated into the Sports Center, including a climbing wall, lounge and skate park. PURSUE "DOY~'TVTOWN" DEVELOPMENT OPPORTUNITIES Council discussed Vallco Fashion Park and the Bay Area Legal Aid (BALA) lawsuit, Compaq and a General Plan Amendment request, the Villa Serra Residential appeal of design details, and construction of the City Center apartments and hotel STREET SAFETY- YYALKABLE COMMUNITY Council discussed ways to enhance waikability, including trail segments, public access through development projects, and replacing sidewalks and curbs. DIVERSITY Council discussed programs designed to promote diversity, including the Cinema at Sundown international film and music series, new outreach programs at the Senior Center for the Asian community, and City support for the 5C's programs and ethnic festivals. October 12, 2001 Cupertino City Council Page 3 Council commented that they wanted to bc sur~ programs were being offered for children too. There was discussion regarding a report t~om Human Resources Manager Sandy Abe, which showed that in the past 14 months, the City's hiring has kept in parity with Santa Clara County's Asian population. The report also showed that 25% of the City's new hires were Asian, which is a 15.5% increase over last year. ECONOMIC DEVELOPMENT Council discussed healthy retail growth and revenue incentives for new development. GENERAL PL,4N Discussion was held regarding the Housing Element and the General Plan amendment, which would go to Council on October 15, 2001. Council talked about the possibility of honoring the top 10 sales tax producers or corporate citizens, such as Apple Computer, on the City Channei or at a City Council meeting. PUBLIC S,4FETY There was discussion regarding traffic safety issues such as the Safe Routes to School Program and disaster preparedness, including the Cupertino Emergency Response Team (CERT) program and methods for communicating to non-English speaking population regarding crime prevention. AFFORDABLE HOUSING There was discussion regarding the approval of the draft Housing Eleiiient, and how the Below Market Rate (BMR) program could be used to provide assistance to teachers and other important community workers. ANNEXATION There was discussion regarding the proposal of the County Board of Supervisors to mirror Cupertino's Floor Area Ratio (FAR) of 35%, which would help with the City's proposal to annex the Garden Gate neighborhood. CLOSED SESSION 2. Closed session regarding perfo,uance evaluation - Government Code Section 54957 - evaluation of the City Manager. OctoBer 12, 2001 Cupertlno Clty Council Page At 11:20 Council recessed to a closed session regarding thc evaluation of thc City Manager, pursuant to Government Code Section 54957. At 12:15 p.m. Council reconvened and continued the item to Friday, October 26 from 8:30-10:30 a.m. at Blackberry Farm, 21975 San Femando Avenue. No action was taken. ADJOURNMENT At 12:15 p.m. the meeting was adjourned to Monday, October 15, 4:00 p.m., in the City Council Chambers, 10300 Tone Avenue, to conduct interviews for the Cupertino Teen Commission. Grace Johnson, Deputy City Clerk DRAFF MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, October 15, 2001 ROLL CALL At 4:05 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Tone Avenue, Cupertino, California. City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burner and Michael Chang. Council members absent: None. Staff present: Parks and Recreation Director Therese Ambwsi Smith, Recreation Supervisor Christine Hanel, Recreation Coordinator Klm Frey and City Clerk Kimberly Smith. TEEN COMMISSION INTERVIEWS 1. Interview applicants for the Cupertino Teen Commission. Council interviewed 34 teens from grades seven through twelve. The following 12 individuals were appointed: Patty Fang Kenny Lin Emily Liu Zoravko "Zack" Kolev Jacki Colloton Akshita Deora Kevin Busch Aimee Jin Thayer Erin Gatley Drew Golkar Angelica Zen MauriceNoone RECESS The Council was in recess from 6:20 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Burner and Michael Chang. Council members absent: None. October 15, 2001 Cupertino City Council Page 2 Staff present: Acting City Manger Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Ambrosi Smith, Public Works Director Ralph Quails, Public Information Officer Rick Kitson, Senior Planner Vera Gil, Senior Planner Colin Jung, City Attorney Charles Kilian, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS Item number 14, Stevens Creek Apa~h~ents (Verona), was continued to November 19, 2001. WRITTEN COMMUNICATIONS A fax was received from Prometheus, the developer, in conjunction with item number 15. ORAL COMMUNICATIONS - None CONSENT CALENDAR Chang moved to approve the items on the Consent Calendar as recommended, with the exception of Nos. 5 and 10, which were pulled for discussion. Bumett seconded and the motion carried 4- 0. 2. Approval of minutes, September 19 and October 1. 3. Treasurer's Budget Report - August 2001. 4. Accounts Payable, September 28 and October 5, Resolution Nos. 01-217 and 01-218. 6. Support for federal funding of cleanup of Mount Umunhum, Resolution No. 01-220. 7. Annexation: Setting date for consideration of reorganization of area designated "Creston Drive 01-06", property located on the north side of Creston Drive between Baxter Avenue and Groveland Drive; appwximately 0.245 acre, Lira (APN 326-11-006), Resolution No. 01-221. 8. Improvement Agreement, Roger Wang and Annie Wang, 11631 Upland Way, APN 366- 03-011, Resolution No. 01-222. 9. Acceptance ofimprovvments (may include grading, street improvements on site and off- site improvements): Garrick H. Lee, 18871 A_rata Way, APN 375-12-036; David Y. F. and Jenny H. C. Perng, 19327 Calle de Barcelona, APN 375-04-006; Maximo & Beatrice Perez, 1248 Weymouth Dr., APN 362-10-006. (No documentation in packet) October 1 $, 2001 Cupertino City Council Page 3 11. Approving contract change order No. 1, Foothill & Stevens Creek Boulevard Overlay Project, DeSilva-(~ates Construction, Resolution No. 01-224. Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Payroll, September 28, Resolution No. 01-219. The item was tabled since it had already been adopted at the meeting of October 1, 2001. 10. Authorization of the Director of Public Works to award the construction contract for the Street Widening Project for Stevens Canyon Road f~om Santa Lucia Rd. to County Park Entrance, Project No. 98-120 to the low bidder in an amount not to exceed $913,000.00, Resolution No. 01-223. The dollar amount was amended to reM, "$950,000.00." Burner moved to approve the item as amended. Chang seconded and the motion carried 4-0. PUBLIC HEARINGS 12. Ordering Vacation of a Roadway Easement, Tract 9335-- Wallin Court, Resolution No. '01-225. Mayor James opened the public hearing. No testimony was heard and the public hearing was closed. Burnett moved to adopt Resolution No. 01-225. Lowenthal seconded and the motion carried 4-0. 13. Ordering Vacation of a Public Utility Easement, Maximo Perez, 1248 Weymouth Drive, APN 362-10-063, Resolution No. 01-226. Mayor James opened the public hearing. No testimony was heard and the public hearing was closed. Bumett moved to adopt Resolution No. 01-226. Lowenthal seconded and the motion carried 4-0. 14. Appeal of Plavnlng Commission approval of Application No. 14-ASA-01, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved aparhuent building at Lot 1, Tract 7953, Cupertino City Center October 15, 2001 Cupertino City Council (APN 369-01-029). The Applicant is the Stevens Creek Apartments (Verona). The appeal was filed by Councilmember Don BurneR. The item was continued to November 19, 2001, at the request of Prometheus, the applicant. 15. General Plan amendment for revisions to the Housing Element and other elements that may be affected by housing policies, Resolution No. 01-227. Application Number: 04- GPA-01 (12-EA-01); the applicant is the City of Cupertino and the location is citywide. A mitigated Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Vera Gil made a PowerPoint presentation. She discussed the purpose Of the Housing Element, described the Regional Housing need allocation and the adjushnents to the regional need. She reviewed the objectives of the Housing Element, highlighted the new portions of the Housing Element and discussed the information in a fax from Prometheus dated October 12, 2001. The new portions of ~he Housing Element included: 1) Update of the residential goals by planning district; 2) Update of the sections of the land use element for conformance; 3) Evaluation of whether to provide adequate sites for an additional 500 units; 4) Update to the study to evaluate housing mitigation fees; 5) Raising of the Below Market Rate (BMR) percentage from 10% to 15%; 6) Evaluation of the impact of new applications on the jobs/housing balance. The concerns in the letter from Prometheus included: 1) The proposed increase in the inclusionary BMR requirement from 10% to 15%; 2) The need to modi~ the current affordable housing levels within the BMR ordinance; 3) The need for the BMR requirements to apply to additional increment development; 4) The need to increase the density of the Homestead area housing allocation. Karen Sacobson, 10861 N. Oak, said she was against big houses and encouraged people to increase their awareness about the ecological reasons behind not allowing big houses to be built. She cited the loss of natural resources, problems with flooding due to lack of surface area for rainwater to abso~o, and problems with replenishing the underground water supply. Dennis Whittaker, 20622 Cheryl Drive, said that he thought the request from the Association of Bay Area Governments (ABAG), regarding the number of housing units that Cupertino was required to build, was unfair. He cited concerns about additional traffic congestion and drains on the local schools and utilities. He said that the figures ABAG was using were outdated and that the economy had taken a downturn since then. Burnett discussed a revised draft of the Review of the 1993 Housing Element, which he had written into a table format for clarity of reading. 3"lb October 15, 2001 C~pertlno City Council Page 5 Community Development Director Steve Piasecki said that Council could move that this handout be included as an attachment to the Housing Element. In that way they could avoid sending the document back to the state for review. In the future this table could be included in the text instead of as an attachment. Council discussed the BMR percentage rate and allocation and agreed that there was a need to modify the targeted income level to include moderate income levels. Bumctt moved to adopt the Mitigated Negative Declaration. Chang seconded and the motion carried 4-0. Bumett moved to approve the application with the understanding that the Below Market Rate (BMR) of 15% would take effect immediately and that the operation of the program would be reviewed by the Housing Committee, with the direction that they should look at focusing it more on the median income ranges for rental and ownership housing. Chang seconded and the motion carried 4-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 16. Union Pacific Railroad CtJPPR) Trail-Feasibility Study Report. Alta Transportation consultant Michael Jones made a Power Point presentation which described the project. Quails said that staff recommended that Council accept the report, remove the project from the Capital Improvement Program (CIP) for funding and refer the report back to the other 5 entities named in the Memorandum of Understanding (MOU). He said that the report would be brought back for final consideration after the first of the year. Quails also reviewed the recommendations of the Bicycle and Pedestrian Advisory Committee (BPAC), including l) An annual review of the project; 2) Council support to maintain the rail corridor as an open space and recreation use should the corridor be abandoned; 3) Council support of parts of the corridor that do not require a LIP agreement. Bob Wallace, 12881 Foothill Lane in Saratoga, spoke in opposition to the project. He suggested waiting 12 years for the cement plant to close and for the UPPR to pull up the rails. He was concerned about money being wasted on pedestrian bridges that would be unnecessary later. He also suggested leaving the crossing gates in place and reconfiguring them to be used for pedestrian access in order to save money. 34[ October 15, 200! ~uperiino/~itv/~ounei! Pa~e i Marjorie Ottenberg. 12881 Foothill Lane in Saratoga, suggested using the water line fight-of-way as a trail, which runs alongside the tracks. She said that this trail is already being used, and she was concerned about spending money for this project. Cornelia Woodworfl% 11124 La Paloma Drive spoke in favor of the trail. She said it was important to capture the land for this kind of use now, rather than waiting 12 years, before any development could happen. Anne Ng, 6031 Bollinger (BPAC member & UPPR Task Force member), spoke in favor of the trail and said that Rails to Trails would let the City know when the corridor is abandoned so that papers can be filed immediately to rail bank the corridor to prevent development. Kevin Jackson, 1557 Fraser Drive in Sunnyvale, spoke in favor of the trail. He said that it would be a vital segment of cross county bike corridor number 12, which runs fxom 85 south to Gilroy. He encouraged support of the trail as a great car-free environment, and said it would also help out with the energy crisis. Joe Walton, 21721 Columbus Avenue (BPAC member and Valley Transportation Authority (VTA) representative), distributed a handout regarding an implementation strategy for the UPPR trail based on the feasibility study. He reviewed the 6 points in the handout, which were 1) To reaffirm the City's commitment to continue as lead agency for the trail project; 2) To proceed with the environmental and preliminary engineering assessment of the trail and continue discussions with UPPR; 3) Budget funds for studies of the trail and include those costs in the City's 5-year Capital Improvement Program (CIP); 4) Initiate discussions with PG&E and the Water District relative to the use of their utility corridors that mn adjacent to the railroad right-of-way; 5) Request the Bicycle and Pedestrian Advisory Committee (BPAC) continue to champion the trail development and assist in foi~afing a countywide "Friends" group to advocate the trails' development; 6) Request the BPAC to consider renaming the trail the "Pe~manente Rail Trail" or other name more closely related to its history. David Greenstein, 10066 Byme Avenue (chair of the BPAC), encouraged Council to put something in place now that would enable Cupertino to be able to develop the trail even if that is 12 years from now. Celia Chung, Bicycle Program Coordinator with the VTA, said that the VTA is strongly supportive of the trail. She said that there would need to be more discussion with management to decide if the VTA would take a leadership role in the trail project due to a current, sensitive relationship with the UPPR. Lowenthal moved to accept the UPPR Trail Feasibility Study Report, to approve the staff recommendation to remove the project from the 5-year CIP without further consideration at this time, and to ask the BPAC to work on the report and return it to Council before October 15, 2001 C'~upertlno City Council Page 7 referring the report and reconunendations to the MOU partners for consideration. Burner seconded and the motion carried 4-0. 17. Appointment of Teen Commissioners. Parks and Recreation Director Therese Ambrosi Smith reviewed the application and selection process. She said that 12 commissioners were selected at the Council meeting earlier today and that they had already been notified. Mayor James read thc list of those appointed and offered her congratulations. ORDINANCES 18. Second reading of Ordinance No. 1888: "An Ordinance of the City Council of the City of Cupertino Extending the Utility Users Excise Tax for a period of Fifteen Years and Ordering the Submission of a Proposition Therefore to the Electorate of the City." The City Clerk read the title of the ordinance. Bumett moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. The motion carried 4-0. Burner moved and Lowenthal seconded to enact Ordinance No. 1888. The motion carried 4-0. STAFF REPORTS COUNCIL REPORTS Lowenthal said that he attended the Oktoberfest and enjoyed seeing the community having a good time. He said he also attended the Foundation Dinner to support the local high schools. He said that Cupertino Cares was a touching moment in honoring the firefighters of New York. He said that Bumett had been an inspiration and friend and that he taught the Council how to make decisions and to listen to people. Chang said that he would miss Don Burnett and thanked him for all his guidance to Council over the last 8 years. Chang said he attended the Community Congress and thanked the Public Dialog Consortium (PDC) and the City of Cupertino Cross-Cultural Consortium (5 C's) staff who helped with thc facilitation. He said he also attended the Sports Center community meeting and that representative groups included tennis enthusiasts, young peoplc wanting a skate park anywhere in the city, and others who wanted a permanent table tennis and badminton facility. Burnett thanked the staff for all of their hard work over the 8 years that he had been on Council. He also acknowledged the rest of the Council members and said he enjoyed working with them. October 15, 2001 Cupertino City Council Page James said that she admired Burnett's integrity and that it had been an honor serving with him. She acknowled§ed the hard work that went into the Cupertino Cares Community BBQ. She said that the Cops and Teens meeting, "Breaking down stereotypes and building respect" would meet on October 29. CLOSED SESSION -None ADJOURNMENT At 9:45 p.m. the meeting was adjourned to a Library Study Session, October 24, 3-5 p.m. in Conference Room C/D, 10300 Torte Avenue, Cupertino. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. Kimberly Smith, City Clerk CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, October 24, 2001 CALL TO ORDER At 3:04 p.m. Mayor James called the meeting to order in Conference Room C/D, 10300 Torre Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Sandra James, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang (3:16 p.m.) Council members absent: None. Staff present: City Manager David Knapp, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, City Attorney Charles Kilian, Public Information Officer Rick Kitson, Senior Planner Aarti Shrivastava and City Clerk Kimberly Smith. ORAL COMMUNICATIONS - None STUDY SESSION 1. Progress report on preliminary design for the new Cupertino Civic Center and Public Library - Presentation by SMWM Architects · Concept Development on Civic Center Complex (Library, Community Hall, City Hall and Plaza) · Library Program Layout · Library Preliminary Schematic Design Public Works Director Ralph Quails summarized thc purpose of the meeting and introduced the design team involved. Kathy Simon of SMWM acknowledged the importance of the new library. She said that it would be the heart of the city for years to come and a place for community to gather together in activities such as weddings and festivals. She presented a slide show of examples of other city Civic Center plazas to give a sense of how Cupertino Civic Center might look. The slides covered hard and soft landscape, water features, light and shade, and focal points. OctoGer 24, 2001 (~upertino (~{ty (~ounc{l Page 2 Quails showed a scale model of the Civic Center and explained thc features. Hc said that there is a commitment to make the pwject affordable and keep it within the budget and said that this would be accomplished. He also said it was important to provide a maximum smount ofparidng and still make a connection out to Rcgnart Trail. Linda Sobuta of SlVlWM reviewed the diagram of the first floor plan, option 1. She talked about the importance of bringing light into the building, the orientation of the building, and the different views into and from the building. She then reviewed the diagram of the second floor plan, option 2. James asked if there was a group study area for teens. Sobuta talked about that space, which would provide a flexible seating area for up to 22 people. She said that it might be divided from the rest of the area by floor to ceiling glass walls. Sulie Famsworth, Deputy County Librarian, tslked from the audience about electrical and technical improvements. There was discussion about how to best program thc outdoor space to attract people. Leslie Bumell asked if a cost-benefit analysis computer program had been established to track the changes in cost as the design model changes. Quails responded that a set of unit costs was used to calibrate every step taken in the project and sets of identifiers for each building component. He said that when the time comes to finalize the details, there is an exercise of value engineering where the trade-offs would be deteLmined and the costs would be refined. He also said that in the near future, a construction management finn would be hired to bring in sophisticated cost-estimating techniques. Anna Polman-Black asked what would happen with the waterfall in the plaza area. Chang wanted more specifics about ways the courtyard area and plaza could be used. Robert Levy asked about the bookcases and if there was a way to expand beyond the current bookcases shelving. He also was concerned about safety in an earthquake. Farnsworth responded that there are strong stana~rds, which detcw~ine how the stacks are bolted to the floor and that they are in compliance with state standards. She said that there would be room for growth. Lowenthal asked about the possibility of turning Tone Avenue into a parking alley, rather than a street. October 24, 2001 C'~upertlno City Council Page 3 Quails responded that diagonal parking is a possibility but that it would only address a fraction of the parking deiiiand for the library and Civic Center area. He said that parking issues were still in the planning stages. Quails talked about the community hall and how it would be used. There was a brief discussion about the new meeting space versus the current meeting room. Quails said that no action was required; that the goal was to have the schematic development completed in February, and that the project was on schedule. He said that the next gathering would be sometime in December at a Library Steering Committee meeting and staff would be back to Council in mid-December or early January for action on some of the concepts. Chang said he preferred classical versus modem style. He said he wanted more information about how the community room would be used. Burnett said he liked the modem look and was excited about the potential for thc plaza area. Lowenthai said that he liked the open space look and wanted to have the program for the space in place before finishing the building plan. James said she wasn't in favor of a modem look but liked the open feel of the building and was interested in water features. She said that Tone Avenue needed to be part of the design and wanted to be sure that there were many places available to sit. NEW BUSINESS 2. Report on commission and committee terms expiring January 15, 2002; selection of application deadlines and interview dates. City Clerk Kimberly Smith reviewed the staff report. Council concurred that the application deadline would be Friday, December 14 by 5:00 p.m. and that interviews would be Monday, January 14 commencing at 5:30 p.m. ADJOURNMENT At 4:42 p.m. the meeting was adjourned to Friday, October 26, at 8:30 a.m. at the Blackberry Farm Retreat Center, 21975 San Femando Avenue, for a closed session to conduct an evaluation of the city manager. Kimberly Smith, City Clerk 7-1.1. DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Friday, October 26, 2001 CALL TO ORDER At 8:35 a.m. Mayor James called the meeting to order in the Blackberry Farm Retreat Center, 21975 San Fernando Ave. Cupertino, California. ROLL CALL City Council members present: Mayor Sandra lames, Vice-Mayor Richard Lowenthal, and Council members Don Bumett and Michael Chang. Council members absent: None. Staffpresent: City Manager David Knapp. ORAL COMMUNICATIONS - None CLOSED SESSION 1. Closed session regarding perfomhince evaluation - Government Code Section 54957 - evaluation of the City Manager. At 8:35 a.m. Council recessed to a closed session to conduct an evaluation of the City Manager. At 11:30 a.m. Council reconvened in open session. City Manager David Knapp announced that no action had been taken. ADJOURNMENT At 11:30 a.m. the meeting was adjourned to Thursday, November 15, 2001 at 6:00 p.m. for a swearing in ceremony of the incoming City Council. The City Manager noted that the regular meeting of November 5, 2001 had been canceled, and the next regular meeting will be Monday, November 19, 2001. David Knapp, City Manager City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 CITY OF Telephone: (408) 777-3220 CUPERTINO F^x: (408)777-3366 DEPARTMENT OF ADMINISTRATIVe5 SERVICES SUMMARY Agenda Item No. q Meeting Date: November 19, 2001 SUBJECT Monthly Treasurer's and Budget Report - September 2001 BACKGROUND Attached is the Treasurer's and Budget report for the period ended September 30, 2001. The report includes all funds !n control of the City. Investments The market value of our current portfolio totaled $46.1 million at month end with a maturity value of $45.9 million. The City intends to hold investments until maturity to redeem full value of the securities currently with a maturity value below market value. The .current investment portfolio remained relatively unchanged during the month of August, with incoming revenues offsetting expenditures for the city as a whole. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Investments are tiered' to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends General fund revenues are still well below budget projections at the end of September, due to the timing of major tax payments received by the State and County later in the year. Operating expenditures for the General Fund also remain below budget in this the first quarter of the 2001-02 fiscal year. Printed on ftecycled Paler 1.~ .~ RECOi'vIiVIENDATION: Staff rccomrnends that thc City Council revicw and acccpt the Septembcr Treasurer's and Budget report. The city's audit for the fiscal year ended June 30, 2001 is now complete, with no major adjustments necessary. The Comprehensive Annusl Financial Report is undergoing final revisionsand will be submitted to Council before the end of the calend_a_r year. Submitted by: Approved for submission: David W. Knapp Deputy Treasurer City Manager City of Cuperdno September 2001 PUKCHASE ] MATURITY DESCRIPTION REF YIELD COST VALUI~ VALUE PROFfiTLOSS / -- I SECURI'iiES SOLD SF_,CIJRITII:iS MA'I OILED ......... one SECURITIES PURCHASED ' CURRENT PORTFOLIO EASH ...... ~ .... 09/30/01 Greater Bay Trust Company 278,921 278,921 278,921 0 CA '] ....... 278~921 278,921 278,921 0 i CORPORATE BONDS 0 0 0 0 CORP i 0 0 0 0 LAIF ; ' LA .... r 09/30/01 (State Pool 16f 4.29% 22,806,939 22,806,939 22,806,939 0 MONEY MAI~T i-tJNDS 09/30/01 !Greater Bay Trust Company ,6j 4.38% 0 0 0 0 ......... 09/30/01 iCupertino NatI-Sweep account !6j 3.19% 972 972 972 ...... i! .................. 09/30/01 .Schwab '6j 2.78% 91,297 91~.97 91,297 0 MM ...... i 92,269 92,269 92,269 0 MORTGA~]]~' OBLIGATIONS 07/09/93. 04/15/07 :FHLMC(P) 16k 6.11% 1,016,094 1,000,000 783,260 (232,834) [ 09/30/93 i 09/15/07 iFHLMC(P) 6k 7.42% 2,483,553 2,400,000 2,2.40,056 (243,497) I 08/01/01 '[" ' 08/01/05 iFHLMC(P) 6k 5.38% 1,500,000 1,500,000 1,554,375 54,375 "~ 08/02/01 [ 02/07/05 ~FHLMC(P) [6k 5.07% 1,500,000 1,500,000 1,547,340 47,340 i 08/07/01 08/02/04 ! FHLMC(P) 6k 5.26% 1,500,000 1,500,000 1,531,875 31,875 09/30/93 05/15/08 [ FHLMC(P) 6k 6.62% 2,932,862 2,860,000 2,964,933 32,071 M~''~ [ 10,932,509 10,760,000 10,621,839 010,669) ' [Ug'GOVERNI~IENT SECURITIES 10/08/97. 09/30/01 'Treasu~Note !6a 5.79% 2,000,000 2,000,000 2,000,000 0 '" 01/10/00, 12/31/01 !Treasury Note !6a 6.31% 2,498,903 2,500,000 2,521,875 22,972 01/10/00 06/30/02 'Treasury Note !6a 6.33% 2,498,699 2,500,000 2,569,525 70,826 06~79'9' ........... 11/30/02 ~lTr~asu~ Note 6a 5.90% 2,499,355 2,500,000 2,590,625 91,270 02/0770'0-'~ ..... 06/30/03 iTreasuty Note 6a 6.62% 2,451,926 2,500,000 2,610,950 159,024 'US 11,948,884 12,000,~0 12,292,975 344,091 ...... ~i~] Managed Portfolio 46,059,522 45,938,129 46,092,944 33,422 Avei~g~ Yield 5.23% Average Length to Maturity (in years) 1.06 q-3 City of Cupertlno September 2001 .... ] ........... /. '. ....... . TRUST & AGENCY PORTFOLIO I "' 'CERTIFICAT~-S OF DEPOSIT: i'"'i~_ 07/27/01i 06/27/_0.~..CupertinoNatl(KesterTmst) [6b 3.60% 39,322 39,322 39,322 0 ' · Total Trust & Age~-c~ Portfolio 39,322 39,322 39,322 ....... i ......... OND RESERYE PORTFOLIO '.'Ti~a'f~i~ lmpac~ I Franklin Fiduciary Trust I 3.25% 19,100 19,100 19,100 0 'tReserves i · ! 04/06/93I-' 01/01/03 i Repo - 93 A Reserve Fd (40097~) 0.68% 2,833,437 2,833,437 2,833,437 0 12/16/92 i 'Money Mkt - 92 A Reserve Fd (400957) 2.34% 844,034 844,034 844,034 0 .................. i-f?16/92 ' iMoney Mkt - 92 B Reserve Fd (40096.") 2.34% 1,341,594 1,341,594 1,341,594 0 ...... i ~019,06S S,019,06S ~,019,06~ 0 ........ -'T~'a-l'~lond Reserve PoFtfolio [ S,031J,16S ] S,038,16S S,038,16S 0 I Rate of Return Comparison 7.00% 6.00% 4.00% 3.00% 2.00% 1.00% 0.00% 9/00 10/00 11100 12/00 01/01 02/01 03/01 04/01 05/01 6101 7/01 8/01 9/0'1 ]InvestmentBy Typel Managed Portfolio I :. '~::,, ~¢~:-,..., .', ~.~.~..,h,:~.,,?,~,~...... ,..~.,,.. 49% , . xx ',.<c,~- ....... : ~,-.....-,.. ,.. t~ m~N~X~S, '..-.>--~5~:>~:~ '--."-"'.~-"..'~'" '. ', '"~ .~,~Nxk ..-.= ~:' ~-" '~,:~'....:~-..".,~-'.,,,----~.-' X.. ,: ..'-;').~'~.~< ~.:,..,:~ ~:.--~..?<~~ ' Money Ma~at C~h I% COMPLIANCE WITH INVESTN4F. NT POLICY 'Ci of Septembe_r.. ~0, 2001 Category Standard Comment Treasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Term Corporate Bonds/Notes 30% with A rating Complies LAIF $30 million Complies Money Market Funds 20% Complies Maximum Maturities 25% up to 15 years Complies (FHLMC at 7 yrs) " Remainder up to 5 years Complies Per Issuer Max 10% (except govts) Complies ~-a~s-'~,CCeptances 180 days & 40% Complies Commercial Paper 270 days & 15% Complies ~egotiable Certificates'~'f~C~oosit 130% i Complies Repurchase Agreements ', 365 days i Complies Re~,~ Repurchase agreements !Prohibited i Complies ~ I , I · .......... ,~',- , ,9, ~, ,~ j ' I ~ ' ', i I I i i~J ' : ,,' ' ~ : , ~1o I I~ ' ' I ~ · : ~ ~ : ~,~ · '~, ,~ , j '~ I ~o ~- ..~,. .-~ 0. , ~ " , Revenue Comparison 3.500,000 3,000,000 · Y'rD 9/30/00 2,ooo,ooo . ?..Y?_..~/3_°~!. 1,500,000 I Sales Tax 2 Property Tax 3 TOT 1,000.000 4 Utility Tax ' $ Franchise Fees ~ Other 500,000 7 Licenses & Permits 9 Intergovemmemal 10 Omrges for Services 0 ~ .. . ~1 . I~ I 1 Fines & Forfeitures ~ 2 3 4 S 6 7 8 O 10 11 ~2 ] 20~er Ray.ua -500,000 Expenditure Comparison ~,5oo,000 tn Y~D 9/30/00 ff YTD 9/30/01 1,oo0,000 1 Administrative 2 Law Enforcement 3 Community Service 4 Administrative Service 5 RecreatJo~ Service soo.00o 6 Community Development 7 Public Works o I 2 3 4 5 6 7 City of Cupertino 'Summary of Budget Transfers 9/36201 ........ ...................... Budget Revenue Expenditure Description Acct # Adjustment Budget Budget 2001/02 ADOPTED BUDGET ~ 51,356,000 49,455,000 2000/01 CARRYOVER: Encumbrances _. !various 4,941,059 4,941,059 .. Department carryo_vers 702,632 702,632 Project carryovers 9,417,929 9,417,929 '~..C!.gt_ Hall remodel'.... 110-9215-9300 320,000 320,000 REVENUE ADJUSTMENTS: I Shorter Trust donation 550-0000-4765 32,500 Overlay Project Reimbursements 270-00004811 305,000 Resource Ree estimated rev. incr. 520-0000-4566 4,500 Equipment budget funding correction ,630-00004910 -32,000 .... Red light enfo~ement program ~, 110-0004811 150,000 Jg~PENDITURE ADJUSTMENTS: Shorter Trust - Senior Center Equipment 550-6549-6311 32,500 32,500 .... Overlay Project - SS/Saratoga 270-9450-9300 305,000 305,000 Resource Rec. programs 520-8003-6206 4,500 4,500 Red light enforcement program i 110-2101-7014 150,000 150,000 -'-Ci~ildren's tile and mural project 110-1042-7104 5,000 5,000 2001102 ADJUSTED BUDGET i 51,816,000 65,333,620 RESOLUTION NO. 01-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWINO CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING OCOTBER 12, 2001 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: PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th.dayof November ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10/12/01 CITY OF CUPERTINO PAGE 1 ACCO~qTIN~ PERIOD: 4/02 CHECK R~ISTER - DISBURS~I~T FUND ~ - 110 - GJ~L ~ CASH ACCT CHECK NO ISSUE DT .............. V~OR ............. I~F~/DEPT ..... DESCRIPTION ...... SA~ES T~%X AMOUNT 1020 588497 10/12/01 7 ~ PLaN CORPORATION 6204550 OCT 01 ~ FEES 0.00 1654.17 1020 588498 10/12/01 2110 ABC BACKFLON TESTING REP 1108303 CLsANING AND RECERT 0.00 250.00 1020 588498 10/12/01 2110 ABC BACKFLON TESTING REP 1108407 ~.ma.NING AND FEUERT 0.00 500.00 TOTAL CHECK 0.00 750.00 1020 588499 10/12/01 18 ADONA OIL CORPORATION 1108005 HAZ MAT DISPOSAL 0.00 3800.00 1020 588499 10/12/01 18 ~ OIL CORPORATION 1108005 HAZ NAT DISPOSAL 0.00 5400.00 TOTAL CH~CK 0.00 9200.00 1020 588500 10/12/01 29 LYRNE DIANE AZTI~ 5706450 SERVICE A(3~E~,~NT FOlt 0.00 161.00 1020 588501 10/12/01 888 ~JuOHA POOL MAIN~ ! 5708510 SEPT 14~Y ~INT 0.00 406.43 1020 588502 10/12/01 M2002 AI~RICAN BAR ASSOCIATION 1101500 EILE~N MURRAY t~BRS~ 0.00 151.75 1020 588503 10/12/01 2298 ARCK WIRELESS 1106400 AC#6187075o2 OCT 0.00 12.06 1020 588503 10/12/01 2298 ARCH #I~m'.~S 1105265 AC#6187076-2 OCT 0.00 11.51 1020 588503 10/12/01 2298 ARCK WI~mV.lzES 1108501 AC~5187076-2 OCT 0.00 134.50 1020 588503 10/12/01 2295 ARC~4 WIRELESS 81O4800 AC98187075-2 OCT 0.00 13.70 1020 588503 10/12/01 2298 ARCH #I~?.~$S 1107501 AC#8187078o2 OCT 0.00 7.12 TOTAL CHECK 0.00 178.59 1020 588504 10/12/01 2185 ASSOC*N OF C~STRUC~ION 1107501 #2890 10/1601-11/01/02 0.00 185.00 1020 588505 10/12/01 2501 AT&T BROADBA5~ 1103300 SVC 9/23 0.00 12.60 1020 588505 10/12/01 2501 AT&T BROADBA~ 1106500 CABLE 9/23 0.00 2.91 TOTAL CH~CK 0.00 15.51 1020 588506 10/12/01 864 CAROV- ATWOOD 1104000 $CC PROP TAX BXP RE~ 0.00 5437.23 1020 588507 10/12/01 96 BI~a. CK HOU~TAIN SPRING MA 5606620 SUPPLIES 0.00 101.72 1020 588508 10/12/01 108 EROOK$ CUPERT~N0 G~S 1108602 SUPPLTIS 0.00 56.T2 1020 588509 10/12/01 127 THE CALIFORNIA CHAI~ 1103500 OCT 91 PROGRA~IING 0.00 231.98 1020 588510 10/12/01 1476 ~ DEEION (]P. OUP 1107405 ARCK REVIEW 0.00 330.00 1020 588510 10/12/01 1476 ~ DEEION G~ 110 R16291 PROJ REVIBN 0.00 330.00 TOTAL (~CK 0.00 660.00 TOTAL ~r'Ul~CK 0.00 410.34 1020 588512 10/12/01 H2002 CARNEY, PATRICE 5806449 2 A~0BIC CLASSES 0.0O 45.00 1020 588513 10/12/01 1460 TO~Z C~RRBIRO 6104800 ~ SITE UPDATE 0.00 3653.00 1020 588514 10/12/01 147 CASH 5505549 PETTY CASH REZ~ 0.00 124.39 1020 588514 10/12/01 147 CASH 5506549 k~'&-~.-£ CASH REZM 0.00 13.85 P..~' RATE 10/12/01 TXM~ 10:10:04 - FIN~,NCIAL ACCO't,I~TING 10/12/01 CITY OF CU~I~I(TIHO PA~E 2 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DI~ ~ ~ - 110 - G~ ~ ~H A~ ~CK~ IS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~I~ ...... ~S T~ ~ 1020 588514 10/12/01 147 ~H 1106500 P~ ~H ~I~ 0.00 20.99 1020 ~88514 10/12/01 147 ~ 5506~49 PE~ ~H ~I~ 0.00 72.54 1020 588514 10/12/01 147 ~H 5506549 ~m&~&f ~H ~I~ 0.00 2.99 ~ ~ 0.00 234.76 1020 588515 10/12/01 149 ~H 1107405 PE~ ~H ~PLI~ 0.0O 10.00 1020 588515 10/12/01 149 ~H 1104000 ~IES 0.00 15.22 1020 588515 10/12/01 149 ~ 1104300 P~ ~H ~PLIES 0.00 28.35 1020 588515 10/12/01 149 ~H 1107301 P=~-I'~ ~H S~1~S 0.00 10.00 ~ ~ 0.00 114.31 1020 588516 10/12/01 1057 ~ID~ B~FITS S~VIC 110 *F~ DEP 0.00 173.09 1020 588516 10/12/01 1057 ~IDI~ B~FITS S~VIC 110 *FT~Y ~ 0.00 281.51 1020 588517 10/12/01 1156 ~ 110 ~ 0.00 117.00 1020 588518 10/12/01 2~25 ~ ~I~ 5706450 SERVI~ ~ ~ 0.00 92.00 1020 588520 10/12/01 ~002 CI~ OF P~ 1101500 ~Y ~ CI~ A~ L~C 0.00 64.00 1020 588521 10/12/01 2258 ~ ~CISION ~ ~ 6308840 ~ ~ 0.00 432.00 1020 588522 10/12/01 983 ~S ~D ~ 5708510 ~T ~ ~T ~ 0.00 4950.00 1020 588523 10/12/01 173 ~-~ B~Z~ OF ~ 5706450 ~ 2001-2002 OP~ ~C ~00 292.40 1020 588523 10/12/01 173 ~-~ ~Z~ OF ~ 5706450 ~ 2001-2002 O~ ~C 0.0O 258.20 1020 588523 10/12/02 173 ~-~B~I~OF ~5706450 ~ 2001-2002 OP~ ~C 0.00 258,20 1020 588523 10/12/01 173 ~-~I~OF ~5706450 ~ 200~-2002 O~ ~= 0.00 30:.80 ~ ~ 0.00 1379.74 · 020 S88S24 10/~2/01 ~002 ~CZ~ ~ 5506549 ~ 5 ~Y B D P~T 0.00 35.00 1020 588525 10/12/01 211 ~LTA D~ ~ OF ~ 110 ~P 0.00 3377.70 1020 588525 10/12/01 211 ~LTA D~ ~ OF ~ 110 OB3 0.00 4176.48 1020 588525 10/12/01 211 D~TA D~ ~ OF ~ 110 ~ 0.0O 5742.72 ~ ~ 0.00 13296.90 ~020 S8852S ~0/~2/0~ 2~2 OEP~ OF ~S~VAT~ 110 7/1-9/30 SBI~C~S 0.00 ~225.52 1020 S88526 10/12/01 2~2 DEP~ OF ~S~VATI 110 7/1-9/30 SBI~IC ~S 0.00 818.00 1020 588526 10/12/01 2~2 DRP~ OF ~S~VAT~ 1100000 7/1-9/30 SEI~IC ~gS 0.00 -102.18 ~ ~ 0.00 1941.34 1020 588527 10/12/01 2~4 DE~ OF ~TA 1108602 ~ 2001-2002 O~ ~C 0.00 188.64 1020 588528 10/12/01 ~002 DI~ ~ ~ SSOSG20 ~PL ~S87S42 9/7/01 0.00 SOS.02 DATE 10/12/01 TII~ 10:10:04 - FTHMICIAL ~IN~ 10/~2/01 CZTY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 4/02 CH~CKREGZSTER - DZ~ ~ 1020 588529 10/12/01 1994 DI~I~ A~ ~T 110 ~I~ 0.00 23.08 1020 S88530 10/12/01 222 D~ ~S~IA~ 2~09448 S~VI~ ~ ~R 0.00 841~.40 1020 588~31 10/12/01 242 ~ D~ DE~ 110 SIT 0.00 17435.47 1020 588~33 10/12/01 260 F~ ~SS ~RP 1108601 D~ ~ Z~ 9/18 0.00 11.96 1020 5885~4 10/12/01 2361 FI~T ~ 1108001 ~HOP 9/~ 0.00 94.45 1020 S885~4 10/12/01 2361 FI~T ~ 1104300 ~P 9/S 0.00 94.44 1020 S88534 10/12/01 2361 FI~T ~ 1101200 ~OP 9/S 0.00 188.88 1020 588534 10/12/01 2361 FI~T ~ 1104000 .~P 9/5 0.0~ 94.45 1020 S88534 10/12/01 2361 FI~T ~ 1101000 S~IBS 0.00 179.16 1020 S88~34 10/12/01 2361 FI~T ~ 110~300 E-~ 0.00 125.00 1020 ~88534 10/12/01 2~61 FI~~ 1101500 NO. OP 9/~ 0.00 94.45 1020 588534 10/12/01 2~61 FI~T ~ 1103~00 ~OP 9/S 0.00 94.44 ~ ~CK 0.00 1154.16 1020 5~8535 10/12/01 2361 FI~T ~ 1101000 ~ ~ 0.00 81.08 1020 588536 10/12/01 273 ~ ~I~ H.S. DI~. 1101200 ~TI~ D~ 0.00 125.00 1020 588536 10/12/01 273 ~ ~I~ H.S. DI~. 1101000 ~TI~ DI~ 0.00 375.00 ~ ~ 0.00 500.00 1020 588537 10/12/01 274 ~Y'S B~ONZ~ 6109856 ~RK ~ 0.'00 81.97 1020 588538 10/12/01 277 J~ ~ 5806249 S~VI~ ~ ~R 0.00 218.25 1020 588539 10/12/01 2188 G~I~C 5706450 ~ 2001-2002 O~ ~C 0.00 316.08 1020 588540 10/12/01 2500 ~Y~ 4239222 ~A~IP ~ 12/0 0.00 661.00 1020 588541 10/12/01 318 ~ ~ ~I~ 5806349 SCZ~ KZTS 249.60 3369.60 1020 588542 10/12/01 325 ~IEL ~ 1106265 ~K~I~ ~ ~R 0.00 276.74 1020 588542 10/12/01 325 ~ZBL ~ 1106500 S~VI~ ~ ~ 0.00 148.26 ~ ~ 0.00 425.00 1020 588543 10/12/01 328 ~ ~S~ 5706450 ~VI~ ~ ~ 0.00 230.00 1020 588544 10/12/01 ~002 ~TI, S~I 5506549 I~Z~ ~ 0.00 350.00 1020 58~545 10/12/01 334 ~ DE~/GE~ 2708405 ~ 0.00 45.26 1020 588545 10/12/01 ]34 ~ DB~/GE~ 1108504 ~ 0.00 29.35 1020 58~545 10/12/01 334 ~ DB~/GE~ 2708403 ~R~ 0.00 195.56 1020 588545 10/12/01 ]]4 ~ ~/GE~ 1108508 ~ 0.00 521.62 1020 588545 10/12/01 3~4 ~ DE~/~ 1108201 ~I~ 0.00 ~1.72 RUN DATE 10/12/01 TI)~ 10:10:05 - FINANCIAL 10/12/01 CITY OF CUPERTINO PAGE 4 ACCOLq~ING PERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FLeD FL~D - 110 - G~RAL FU~D CASH ACCT CSECK NO ISSUE DT .............. VENDOR ............. FL~ID/DE~T ..... DESCRIPTION ...... SALES TAX AMOLq~T 1020 588545 10/12/01 334 HONE DEPOT/GECF 1108602 SUPPLIES 0.00 437.77 1020 588545 10/12/01 334 HO~ DSPOT/O~CF 2708405 MATERIALS 0.00 13.64 1020 588545 10/12/01 334 HO~ DBPOT/GECF 2708403 MATERIALS 0.00 194.85 1020 588545 10/12/01 334 H~ DEPOT/GECF 1108502 M~TERIALS 0.00 127.05 1020 588545 10/12/01 334 H~ DSPOT/OECF 1108503 MATERL~LS 0.00 127.05 TOTaL CHiCS o.oo 1753.87 1020 588546 10/12/01 343 ICNAP~TIR~4EHTTRUST-45 110 *ICNA 0.00 5781.55 1020 588547 10/12/01 1242 ~HETY-PRI~TE 11O1O60 BUSINESS CARDS R BROWN 0.00 65.40 1020 588948 10/12/01 1514 ZNTBT-~COM 1103500 P, BHRWAT, 10/1/01-9/30/0 0.00 800.00 1020 588549 10/12/01 353 IRON MOOHTAIN 1104300 FY 2001-2002 OPES ;URC 0.00 300.86 1020 588550 10/12/01 1969 GAZL ~SES 22O4011 FY 2001-2002 OPES PO3tC 0.00 375.00 1020 588551 10/12/01 368 KBL~¥-MOOi~E PAINT C0 ~NC 1108507 PAn~F 0.00 24.65 1020 588552 10/12/01 2219 ~;EYS~E R~STAURANT S~F~ 5606660 SUP~IES 0.00 264.60 1020 588553 10/12/01 2335 KIM~EY HOES & ASSOCZATES 4209530 P~LZC MORJ(S C(~FI~d~.CT 0.00 223.39 1020 588553 10/12/01 2335 KIHLEY HOR~ & ASSOCIATES 4200530 I~B~IC tidiES CCffl'P. AC~ 0.00 34.14 1020 588553 10/12/01 2335 KIMI~YHORN &ASSOCIATES 2709532 PUBLIC MORKS COHTRACT 0.00 197.11 1020 S88553 10/12/01 2335 KIMLBY HORN & ASSOCIATES 4209538 PUBLIC #0RK~ CONTRACT 0.00 36.41 1020 588553 10/12/01 2335 KIMLBYHOAN &ASSOCIATES 4209538 PUBLIC NOP, KS COtiTRACT 0.00 238.28 1020 5885S3 10/12/01 2335 KIMLEYHORI; &ASSOCIATES 4200536 PUBLIC M OR KS C~STRACT 0.00 238.28 1020 S88553 10/12/01 2335 KIHLBY HOP~ & ASSOCIATES 4209538 ~LIC HOm~S C0m%~CT 0.00 750.22 1020 588553 10/12/01 2335 KIMI~Y HOR~ & ASSOCIATES 2709532 PUBLIC t~RKS COHTRAC~ 0.00 1280.84 1020 588583 10/12/01 2335 KIMI,EY ROR~ & ASSOCIATES 4209537 I~BLICMORES COHTRACT 0.00 148.93 1020 588553 10/12/01 2335 KZMI~Y Ho.qN i ASSOCIATES 4209536 PUBLIC NO~F,S C0;TI'I~.CT 0.00 36.41 1020 588553 10/12/01 2335 KIHI~Y HORN & ASSOCIATES 4209537 PUBLIC WORKS CO~ITRACT 0.00 22.76 1020 588E53 10/12/01 2335 KIMLEY HOR~ & ASSOCIATES 4209538 PUBLIC WORKS COHTRACT 0.00 809.83 1020 588553 10/12/01 2335 KIM~EY HORN & ASSOCIATES 4209536 P~]~LIC NORKS C(~TI'RACT 0.00 809.83 1020 588553 10/12/01 2335 RIMI~EY HORN & ASSOCIATES 4209537 PUBLIC #(~KS ~ 0,00 506.15 1020 588553 10/12/01 2335 RIML~Y H-~ & ASSOCIATES 2709532 PUblIC #ORJ~ CO~qtACT 0.00 4384.03 TOTAL CHECK 0.00 9734.71 1020 588554 10/12/01 2355 KZML~-RO~I(AHDASSOCIA? 4209541 FOBLICHOP, KS CO~;TI~T 0.00 5113.87 1020 588555 10/12/01 37~ mmA'gd( HOEHLB~ 5806249 SERVICE AG~EB~HT FOR 0.00 171.00 1020 588556 10/12/01 2143 V~CTOR R ERu~,_.~.G 5606820 SERVICE AG~ER~HTFOR 0.00 70.00 1020 588557 10/12/01 1378 RICARDOIe~RT/HRZ 5706450 IPY 2001-2002 OW FORC 0.00 165.00 1020 588557 10/12/01 1378 RICARDO MARTINEZ 5706450 FY 2001-2002 OP~ I~RC 0.00 155.00 TO~ALCNECE 0.00 320.00 1020 588558 10/12/01 2486 t~RCADO TILE AH~ ~ 1101042 SERVICE ASAEENE~r FOR 0.00 1280.00 1020 588559 10/12/01 2301 ~C~7~ #8688 5806349 LOCA~ FO#23808 SUPPLIE 0.00 49.02 DATE 10/12/01 TINE 10:10:06 - PZNANCZAL ACCOTH4TIHO 10/12/01 CITY OF CUPERTINO PAGE 5 ACCOUNTING p~RIOD: 4/02 CH~CK R~G~ST~R - DI$~S~ ~H A~ ~CK NO ISS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~ION ...... ~S T~ 1020 58B560 10/12/01 45~ ~ ~ 5806249 SERVI~ ~ FO~ O. O0 530. O0 1020 588561 10/12/01 1123 ~I8~ 8~L ~ISS 5806349 ~ ~23827 P~S~ 0.00 44.30 1020 588562 10/12/01 ~002 ~I~ Pl~-2~ LI~SI~ 5506549 11/24/01-11/23/02 LZ~ 0.00 166.00 1020 588563 10/12/01 ~002 ~, ~F~Y W 110 ~ ~141~6 0.00 2.20 1020 588563 10/12/01 ~002 ~, ~F~ W 1100000 ~ R914146 0.00 277.00 1020 588563 10/12/01 ~002 ~, ~F~Y ~ 1100000 ~ ~14146 0.00 83.10 1020 588563 10/12/01 ~002 ~, ~F~ W 1100000 ~ R914146 0.00 182.05 ~ ~ 0.00 544.35 1020 588564 10/12/01 ~002 ~, ~L 110 R8605 ~ ~ ~Z 0.00 655.56 1020 588565 10/12/01 302 ~TZ~ D~ ~ 110 *~T~L DEF 0.00 160~q.84 1020 588566 10/12/01 1970 ~ ~S 2204011 ~ 2001-2002 O~ ~C 0.00 375.00 1020 588567 10/12/01 501 OP~ ~Z~ ~3 110 ~Z~ ~ 0.00 554.46 1020 588568 10/12/01 S00 O~T~ ~Z~ ~ 1104510 ~ ~Z~ 0.00 3360.00 1020 588568 10/12/01 500 O~T~ ~Z~ ~ 1104510 O 1020 588568 10/12/01 500 O~TI~ ~I~ ~ 110 ~ 8 ~ 0.00 6272.00 ~ ~ 0.00 10416.00 1020 588569 10/12/01 ~002 ~, ~ 1101042 ~I~ ~ATI~Y ~TA 0.00 147.~9 1020 588570 10/12/01 507 D~ OSBO~ ~=OSBO~ 1108503 ~G ~ 0.00 685.00 1020 588570 10/12/01 507 ~ ~ ~ 4209216 ~ ~ LI~I~ P~ 0.00 2285.00 1020 588570 10/12/01 507 ~ ~ ~:~ 1108408 ~X ~SS~ ~R M 0.00 345.00 1020 588570 10/12/01 507 ~ ~ ~ 1108503 ~ ~ ~-~*~ 0.00 850.00 ~ ~ 0.00 4165.00 1020 588571 10/12/01 ~002 ~15, JIM 2200000 ~ ~IP ~ 0.00 350.00 1020 588572 10/12/01 833 P E R 8 110 ~ 1959 0.00 114.39 1020 588572 10/12/01 833 P E R S 110 wp~ B~K 0.00 451.12 1020 588572 10/12/01 833 P E R S 110 ~ ~Y 0.00 157.52 1020 588572 10/12/01 833 P E R S 110 P~ 8~C 0.00 142.94 1020 588572 10/12/01 83~ P E R S 110 wP~ B~K 0.00 269.95 1020 588572 10/12/01 83] P E R S 110 ~ ~K 0.00 37.52 1020 588572 10/12/01 833 P E R S 110 ~ ~Y 0.00 24208.20 ~ ~ 0.00 25381.64 1020 588573 10/12/01 ~002. P~IFZC ~T F~ ~ 110 R7263 ~ ~ ~ 0.00 72.02 1020 588574 10/12/01 513 P~ZFZC ~ & ~IC ( 1108602 S~ 8/31 ~ 10/1/01 0.00 73.58 1020 588574 10/12/01 51~ ' P~IFIC ~ & ~IC ( 11088]0 ~C 8/~0 ~ 10/1/01 0.00 ~729.~1 1020 S88574 10/12/01 513 P~ZFIC ~ & ~IC ( 1108602 ~ 8/]0 ~ 10/1/01 0.00 58.12 ~ ~ 0.00 7861.01 R~ DAT~ 10/12/01 TZM~ 10:10:07 - FII~IAL /~T~ 10/12/01 CITY OF CUPERTINO PAGE 6 ACCO~q~TING pERIOD: 4/02 CHECK REGISTER - DISBURSEME~f FUND FUND - 110 - GENERAL FUND 1020 588576 10/12/01 526 PENINSULA DIGITAL T~L~IN 2709430 LARGE FORMAT B~ COPY 0.00 409.86 1020 588576 10/12/01 526 pENTNSULA DIGITAL T~IN 4229222 LIBRARY PLAN 0.00 191.35 TOTAL CH~CK 0.00 601.21 1020 5885?7 10/12/01 ~L2002 PEP-~Y3~&M~CE ~S 6308840 ORDER#1959239 HTT(3~#50 0.00 152.89 1020 5885?8 10/12/01 533 PERS Z~3NG -£~(Z~ ~ ~ROG 110 PSiS T,TC 0.00 262.16 1020 S88579 10/12/01 541 ROBZN pTC~L 5?O645O SERY2C~ m~gT FOR 0,00 455.OO ~Y3TAL ~C~( 0.00 1230.50 1020 588584 10/12/01 1705 9.~E PRI~ING} CC) INC 1101500 (:?~SE ~ FOZU4S ~ER 0.00 9.50 1020 588585 10/12/01 2O43 R~S"S ~ST ~ 56O662O PY 2001-2002 OW PTJ~C 0.00 2OO.OO 1020 588586 10/12/01 606 JO¥CE RUSS'dN 5?06450 SERYIC~ AG~ER)~gT FOR 0.00 138.00 1020 58858? 10/3.2/01 821 ~ JOSE ~RCTJRY (:~SSTF 1104510 CODE W OFFTC~R 0,00 752.18 1020 58858? 10/12/01 621 ~ JOSE P~Z~.CT.~¥ (::~.SST? 1104510 ]LEC ~TNZL~O~. 0.00 88?.96 1020 58858? 10/12/01 621 W JOSE ~CTJ~¥ ~SI? 1104510 ET~DG TNS~C~OS~ 0,00 9??.24 ~:~2'AL C:[{~CK 0.00 2617.38 1020 588588 10/12/01 95~ SAN JOSE I'~RC~Y NEI/S 5208003 ~ READY AD 0.00 360.00 1020 588588 10/12/01 959 SAN JOSE )~9.C'~Y NENS 5208003 ~ R~ADY AD 0.00 '460.00 2020 588588 10/12/01 959 SAN JOSE )~RC'~.Y NBIS 5208003 CAZ~E~:IA RgADY AD 0.00 360.00 1020 588589 10/12/01 1636 BAETA CLARA CTY SHERIFF 1104510 AUG FINGERPRINT SVC Q.00 ?2.00 1020 588590 10/12/01 1337 SANTA CLMU% V~T.?.~;Y TR~NS 2108601 G~NEP~L PZ~AN ]~VIBW AN 0.00 S000.00 · R~ DATE 10/12/01 TIME 10:10:09 - FINANCIAL ACCOI~TING 10/12/01 CITY OF CUPERTINO PA~E 7 ~CCOI.q~ING PERIOD: 4/02 CI~CK R~GIS'I~E~. - DISB~ ~ ~H A~ ~CK~ IS~ ~ .............. ~R ............. ~/~ ..... DES~I~I~ ...... ~S T~ ~ 1020 588592 .10/12/01 651 SI~ P~IFIC ~F ~P 5606640 ~IBS 0.00 286.75 1020 568593 10/12/01 652 SI~ S~Z~ WA~ ~. 1101500 ~ 0,00 20.65 1020 58~594 10/12/01 2383 SIL/~N V~T~.~I~ ~ 1104530 2~ ~ ~ 2001-02 ~ 0.0O 60613,34 1020 588595 10/12/01 200 ~SLZE SOKOL D~ ~KI 5806449 S~VI~ ~ ~R 0,00 2407,05 1020 588597 10/12/01 665 S~Y~O~LIT~ 5806449 S~VI~~ ~R O,00 3121,20 1020 588598 10/12/01 2474 ~ 8~RTS ~ ~ 4269212 S~VI~ ~ FOR 0.00 2301,61 1020 588599 10/12/01 677 STA~ ~ ~ & ~ 110 *~ DEF 0,00 2206,49 1020 588600 10/12/01 686 ~ S~ 2204010 ~ 2001-2002 OP~ ~C 0.00 750,00 1020 588601 10/12/01 695 SYS~ ~D S~VI~S OF S S606620 ~ 2001-2002 O~ ~C 0,00 694,49 1020 580602 10/12/01 ~002 T-~ ~TI~ ~ 110 R7844 12/15/00 ~ ~ 0,00 322.44 1020 588603 10/12/01 701 T~ S~S 5706450 OFPZ~ ~ZBS 0.00 29,80 1020 588603 10/12/01 701 T~ ~S 1108312 ~IBS 0,00 115,23 ~ ~ 0,00 145,03 1020 588604 10/12/01 ~002 .~I-~L 1103500 ~I~Nlw~ 0.00 76,36 1020 588605 10/12/01 1993 ~ OF ~ ~ 110 ~I~ 0.00 161,54 1020 568606 10/12/01 ~002 ~ ~S~VI~S 5606640 S~ F~R~Y~ 0,00 1110,63 1020 588607 10[12/01 115% ~ ~Y OF ~A ~ 110 ~Z~ WAY 0.00 139,25 1020 588608 10/12/01 961 ~ ~ 3105306 l~ B~ ID04110 a 042 0,00 525,00 1020 588609 10/12/01 746 VIKI~ OFFZ~ ~S 5506549 ~IBS 0,00 68,31 1020 588610 10/12/01 750 ' VISI~ ~VI~ ~ (~) 110 A~ 9120744610001 0,00 2041,42 1020 588611 10/12/01 745 ~I ~ 1103500 ~ ~ ~ ~ 0.00 588,60 1020 588612 10/12/01 2435 ~ ~R~ 5606620 SBRVI~ ~ ~R 0,00 84,00 1020 588613 10/12/01 765 ~ ~I-~Z D ~ 5706450 8~ ~ ~ 0,00 200,00 1020 588614 10/12/01 781 ~S ~1~ S706450 S~ ~ FOX 0,00 69,00 1020 588615 10/12/01 792 LILY ~ 5706450 S~VZ~ ~ ~R 0,00 90,00 10/12/01 TZ~ 10:10:09 - FI~Z~ ACCOTH4TZ~ 10/12/01 C~'TY OF CUP~RT/N0 PAGE 8 ACCOU~IT'rNG PERIOD: 4/02 CHECK REGISTER - DTSBURS~I~NT ~ CASH ACCT C]~CK NO TSSUE DT .............. V~NDOR ............. [q~iD/DSPT ..... DSSCRTPTZON ...... SALES TAX AHOL~T 1020 S89616 '~0/:1.2/01 2000 XPECT FIRST ATD 1108504 NEDIC,.I~T~ SUPPLZB$ 0.00 28.45 1020 588616 10/12/01 2000 XPBCT FIRST AZD 1108507 FTP. ST AID SUPPLIES 0.00 130.19 TOTAL C}I~CK 0.00 158.64 1020 588617 10/12/01 005 Z~4HALT E~GZk~s~ING GROU 4209534 PROJECT MG~4T SVC 0.00 1741.64 1020 588G17 10/12/01 805 ZUMI~ALT ~GII~NRING GROU 4209118 SRRV'rC~ ~ FOR 0.00 2818.50 TO'I'AI., C~RCK 0.00 4560.14 RUI~ DATE 10/12/01 Ti'NE 10:10:09 - ['I'NANCIA.~ i~,,CCO~I~IT'rNO RESOLUTION NO. 01-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING OCTOBER 19, 2001 WHEREAS, the Dh~ctor 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, thc 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: PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19thdayof lqovember ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5'-[0 10/1B/O1 CITY OF CUPERTINO PAGE 1 ~COUNTTNG PER. ZOD: 4/02 CHECK REGISTER - DISBURSEF~NT FUND FUND - 110 - GENERAL FT.~D CASH AL'CT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEPT ..... D£SCKIpT~ON ...... SALES TAX RHOUNT 1020 588618 10/19/01 1695 3M 2"/08405 MATER TAT. S 0.00 435.13 1020 588618 10/19/01 1695 3M 2";08408 MATER TAL,.S 0.00 211.1~* 1020 588618 10/19/01 1695 314 2"/08405 r4A, TER IA.tS 0.00 :*99.82 TOTAL CH~CK 0.00 946.06 1020 588619 10/19/01 4 A T & T 1108501 SEI:~ 2001 SERVICE 0.00 39.71 1020 588619 10/19/01 4 A T & T 1108501 SEI:Vl' 2001 SERVICE 0.00 14.43 1020 588619 10/19/01 4 A T & T 1108501 SEI:Pi' 2001 SERVICE 0.00 15.36 "-020 588619 10/19/01 4 A '1' & T 1108501 SEPT 2001 SERVICE 0.00 "15.36 1020 588619 10/19/01 4 A T & T 1108501 SEI:P1' 2001 SERVICE 0.00 15.36 TOTAT, CNECK 0.00 100.22 1020 588621 10/19/01 9 ABAG POMER I:qSRCHA~TIqG PO 5606620 GAS CHRGES OCTOBER S'1~1 0.00 585.81 1020 588621 10/19/01 9 AUA~ POMER PURCHASING PO 5*708510 CAS CNE(~S OCTOBER S'mT 0.00 492.22 1020 58862.1 10/19/01 9 ABAG POWER P'dRCHASZNG PO 1108507 GAS (31RGS OCTOBER STMT 0.00 291.96 1020 588621 10/19/01 9 ABAG POWER PURCHASING PO 1108501 GAS OiRGS OCTOBER STT4T 0.00 998.41 1020 588624 10/19/01 1884 A.T~ERTSO~S-NORTHRH~ DZV! S606680 SUPPT.,ZE~ P.O.16983 0.00 153.12 1020 588624 10/19/01 1884 ALBERTS0~S-NOR~ DIVT 5606680 SUPPLIES P.0.16985 0.00 68.88 'lOT. AL CHECK 0.00 33'/.57 TOTAT., CHECK 0.00 565.00 1020 588629 10/19/01 50 ,AHDER.SO~ CHEVROLET/G~O 6308840 FY 2001-2002 OPEH PURC 0.00 54.2"/ 1020 S88629 10/18/01 SO AH/~K~SO~ CHEVROT.~?/GF, O 6308840 FY 2001-2002 OPE~ PV,~C 0.00 91.53 TOTA.~ .CHXCK 0.00 145.80 RUN DATE 10/18/01 TIME 16:56:39 - F/HAHCZAL ~ING 10/18/01 CITY OF CUP,TIN0 PAGE 2 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DIEBURSEMEI~T FUND SELECTION CRITERIA: =r&nsact.trans_date between #10/15/2001# and "10/19/2001" FUND - 110 - GENERAL FU~D CASH ACCT C~IECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX ~J4OUNT 1020 588631 10/19/01 57 ARAMARK 1104510 ~MPLOYEE COFFEE SERVIC 0.00 126.15 1020 588632 10/19/01 61 ARTISTIC PLANT CREATIONS 1108503 OCT 2001 PLANT SERVICE 0.00 65.00 1020 588632 10/19/01 61 ARTISTIC pLANT CREATIONS 1108504 OCT 2001 PLANT SERVICK 0.00 81.00 1020 988632 10/19/01 61 ARTISTIC PLANT CREATIONS 1108501 OCT 2001 pLANT SERVICE 0.00 214.00 1020 588632 10/19/0! 61 ARTISTIC PLANT CREATIONS 1108505 OCT PLANT SERVICE 0.00 130.00 TOTAL CH~CK 0.00 490.00 1020 588633 10/19/01 968 BAP AUTO PARTS 6308840 SUPPLIES CREDIT P.0.52 0.00 -49.42 1020 588633 10/19/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 60.18 1020 588633 10/19/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPeN PURC 0.00 62.04 1020 588633 10/19/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 0P~N PURC 0.00 117.07 TOTAL CH~CK 0.00 189.87 1020 588634 10/19/01 78 JO ANN BARNEY 5806249 SERVICE AGREEMENT FOR 0.00 115.00 1020 588635 10/18/01 M2002 BARRAGAN, ~/~U~L 1100000 REPLACE PAYROLL CK8635 0.00 659.04 1020 588636 10/19/01 720 BA'I-I'~Y SYST~IS 6308840 FY 2001-2002 OPeN PU~C G.0.0 46.39 1020 588636 10/19/01 720 B~'L-i-~Y SYSTE~4S 6308840 FY 2001-2002 OPEN PURC 0.00 87.43 TOTAL CH~CK 0.00 133.82 1020 588637 10/19/01 1807 NANCY BEI~ETT 5806249 SUPPLIES FOR CRAFT CLA 0.00 245.81 1020 588638 10/19/01 91 DR JOEL BERGER 5806449 SENVICR AGREEmeNT FOR 0.00 84.00 1020 588639 10/19/01 867 BRIAN EANGAS FOULK 2709430 P.O.#00030281 CARRyOV~ 0.00 39221.86 1020 588640 10/19/01 106 BRIDGE WZp~T.~SS/RADIO CO 11085Ol REPAIR P.0.15417 0.00 110.45 1020 588641 10/19/01 133 CAL-LINE EQUIPMENT CO IN 1108408 R~NTALRQUIPMENT 0.00 702.00 1020 588642 10/19/01 1145 CALIFORNIA SURVEYING & D 1108601 SUPPLIES 0.00 88.89 1020 588643 10/19/01 143 CAS~Y P~ZNTING INC 1103400 PRODUCTION AGREEMENT F 0.00 3225.00 1020 588644 10/19/01 144 CASH 5606620 ~'&-~'f CASH 9/8-10/02 0.00 110.83 1020 588644 10/19/01 144 CASH 8606620 PETTY CASH 9/8-10/02 0.00 84.93 1020 588644 10/19/01 144 ~ 5606620 ~'1'1'f CASH 9/8-10/02 0.00 11.96 1020 588644 10/19/01 144. C~H 5606640 ~'~-~'f CASH 9/8-10/02 0.00 25.11 TOTAL ~CK 0.00 232.83 1020 588649 10/19/01 148 CASH 1108303 ~=-~-~'f CASH 9/12-10/16 0.00 15.10 1020 588645 10/19/01 148 CASH 6308840 Pm-~-&-fCASH 9/12-10/16 0.00 31.17 .1020 588645 10/19/01 148 CASH 1108501 ~=~-&'f CASH 9/12-10/16 0.00 27.10 1020 588645 10/19/01 148 CASH 1108830 P&'&-~'f CASH 9/12-10/16 0.00 5.00 1020 588645 10/19/01 148 ~R 1108201 P~-&-l'f CASH 9/12-10/16 0.00 6T.19 1020 588645 10/19/01 149 C~H 1108312 P~TTY CASH 9/12-10/16 0.00 25.00 TOTAL CHECK 0.00 170.55 1020 588646 10/19/01 149 CASH' 1104400 Pm~-&'f CASH 10/11-10/16 0.00 52.32 DATE 10/18/01 TI~ 16:56:40 - FINANCIAL ACCOUnTiNG 10/18/01 crl~ oF ~J~E~TINO PAGE 3 ACCO~H~TZNG pERIOD: 4/02 ~ ~GI~R - DISB~S~ ~ ~ - 110 - GE~ ~ ~H AC~ ~CK NO IS~ ~ .............. ~R ............. ~/DE~ ..... D~S~IPTION ...... ~S T~ ~ 1020 588646 10/19/01 14~ ~H 1104000 ~-l-kf ~H 10/11-10/16 0.00 11.86 1020 S88646 10/19/01 149 ~H 1104~10 ~'l~f ~H 10/11-10/16 0.00 6.20 1020 588646 10/19/01 149 ~H 4239214 P~'~-~Y ~H 10/11-10/16 0.00 13.00 1020 ~88646 10/19/01 149 ~H 2204010 PE~ ~H 10/11-10/16 0.00 '8.19 ~ ~ 0.00 19~.64 1020 588647 10/19/01 2210 ~EF/~ 1101000 4 S~TS / ~BER 27~ 0.00 800.00 1020 S88648 10/19/01 2509 ~ ~I~ S~V. 6308840 ~PLI~S P.0.15426 0.00 330.91 1020 S88649 10/19/01 1820 ~IDI~ B~FITS S~VIC 1104510 ~ ~S 9/2001 0.00 27.S0 1020 588649 10/19/01 1820 ~RIDI~ B~FITS S~VIC 110 ~ ~ES 9/2001 0.00 22.50 ~ ~ 0.00 50.00 1020 ~88650 10/19/01 1102 ~I~ ~ 1104200 ~ FOR 10/24-10/26 0.00 126.00 1020 ~88651 10/19/01 160 ~I~S ~ S~IO ~806249 S~VI~ ~ FOR 0.00 265.00 1020 S886~1 10/19/01 160 ~I~S ~T S~IO S806~49 SERVI~ ~ FOR 0.00 1461.~4 ~ ~ 0.00 1726. ~4 1020 S88652 10/19/01 M ~SIO, S~IA ~80 Reft: ~eck - F~. 0.00 55.00 1020 588653 10/19/01 183 ~ SHI~S · ~SO IN 1108101 S~VI~ 9/21-9/28 0.00 1630.S0 1020 588653 10/19/01 18~ ~N ~I~S & ~SO IN 110 ~ ~IC ~I~ 0.00 16~6.70 1020 588654 10/19/01 M ~, ~I~ 580 Ref~d: ~eck - Rental 0.00 100.00 1020 588655 10/19/01 187 ~Y J ~ 5806349 S~VI~ ~ ~R 0.00 765.30 1020 588656 10/19/01 ~002 ~ 1104000 ~S 1/01/02-12/]1/02 0.00 100.00 1020 588657 10/19/01 1407 ~I~ ~E~ TI~ 6308840 ~ 2001-2002 O~ ~C 0.00 129.44 ~ ~ 0.00 362.40 1020 588658 10/19/01 194 ~TI~ ~PLY Z~ 1108504 S~ ~D~ 98111 O~I 0.00 3855.60 1020 588658 10/19/01 194 ~TZ~ ~PLY ZNC 1108502 S~ ~DBL 98111 O~Z 0.00 3341.52 1020 588658 10/19/01 194. ~TZ~ ~Y I~ 1100503 S~ ~DEh 98111 O~Z 0.00 771.12 ~ ~CK 0.00 7968.24 1020 588659 10/19/01 2516 D.C. P~ ~IR~I~, I 1108503 ~I~I~ S~VI~S 0.00 1725.00 1020 588660 10/19/01 2518 ~I~ ~ ~ 1101000 ~ ~SSZ~ 0.00 250.00 1020 588661 10/19/01 2409 ~ OFF/~ Z~I~ 110240] ~ ~ ~S F)~ 0.00 1756.40 1020 588661 10/19/01 2409 ~ OFFZ~ Z~I~ 1102403 ~ ~ ~S F~S 0.00 284.81 1020 588661 10/19/01 2409 ~ O~[~ 1~I~ 1102%0] ~ ~ ~S F~ 0.00 2041.21 ~ ~ 0.00 ~082.42 R~ DAT~ 10/18/01 TZM~ 16:56:40 - FINANCIAL RC~20~ITZNG 10/18/01 CITY OF CUPERTINO P~E 4 ~ - 110 - G~ ~ ~H AC~ ~ECK NO ISS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~ION ...... S~S T~ ~O~ 1020 588662 10/19/01 201 ~PPER TI~ ~ 6308840 ~ 2001-2002 OPEN ~C 0.00 128.20 1020 588663 10/19/01 248~ ~ ~RPO~TI~ 6~08840 V290 DRI~ BIT S~P~ 0.00 101~.S0 1020 S88664 10/19/01 210 DEEP ~IFF ~S~IA~S h 5806449 S~VI~ ~RE~ FOR 0.00 8892.00 10~0 S88665 10/19/01 1492 D~ S~S ~ 2708405 S~PLIES P.O.1539~ 0.00 474.86 1020 588666 10/19/01 214 DEP~ OP ~SPORTA 1108602 ~ 2001-2002 OP~ ~C 0.00 122.95 1020 S88667 10/19/01 1983 DESILVA ~TES ~I 27084~4 S~VI~ ~ FOR 0.00 77901.~S 1020 588668 10/19/01 222 D~ ~SOCIA~ 2709448 SERVI~ ~ ~R 0.00 1866.2~ 1020 588669 10/19/01 223 ~N & MI~'S S~PI~ IN 2~08004 ~ 2001-2002 OP~ ~C 0.00 10869.24 1020 588670 10/19/01 ~002 ~ H~L~ 1104~00 ~2~'r~JO~S~/B~ 0.00 ~12.40 1020 588671 10/19/01 228 ~Y'S TI~ S~VI~ INC 6308840 ~ 2001-2002 OP~ ~C 0.00 1020 588672 10/19/01 M E~, ~ERI~ 580 Reft; ~eck - F~L % 0.00 12~.00 1020 588673 10/19/01 2~9 E~I~ DIS~IB~ 1108312 ~I~S P.0.1542~ 0.00 184.89 1020 588674 10/19/01 240 ELI~ ~ ~IS 1101070 SBRVI~S ON O~B~ 8 0.00 425.00 1020 588675 10/19/01 1949 ~ S~VI~S 1108503 ~ 9/1-9/30 0.00 162.00 1020 588675 10/19/01 1949 ~ S~VI~S 520~003 ~ 9/1-9/~0/01 0.00 102.60 ~ ~ 0.00 264.60 1020 588676 10/19/01 2~04 FI~.n P~LI ~l~ 4269212 S~VX~~ ~R 0.00 300.00 1020 588677 10/19/01 1255 FI~T A~I~ DI~IB 6~08840 ~IT P.O.52058 0.00 -16.82 1020 588677 10/19/01 1255 FI~T ~X~ DI~IB 6308840 ~IT P.O.52059 0.00 -22.79 1020 588677 10/19/01 1255 FZ~T ~I~ DIS~IB 6308840 ~ 2001-2002 OP~ ~C 0.00 1~1.41 ~ ~CK 0.00 61.80 1020 588678 10/19/01 262. F~T P~ INC 1101060 ~PLIES P.O.9475 0.00 22.20 1020 ~88679 10/19/01 1938 ~I~ ~T~ ~ 1101000 ~ SERVI~ 10/05/01 0.00 1573.45 1020 S88681 10/19/01 274 ~Y~S E~ICS 1108201 ~PLI~ P.0.15446 0.00 ~7.27 1020 S8~681 10/19/01 2~4 ~Y~S ~ICS 1108630 ~I~ P.O.15446 0.00 · ~.00 ~CK 0.00 1020 588682 10/19/01 278 ~ ~I~ ~ 2709443 ~LIC WO~ ~ 0.00 S4340.38 1020 588682 10/19/01 278 ~ ~I~ INC 2709440 ~IC~ ~ 0.00 4S8~9.5~ DATE 10/18/01 TI~ 16:56;41 - FINANCIAL 10/1~/01 ~IT~ OF CUPERTINO PAG~ 5 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISHURSE~I~NT FLeD ~ - 110 - G~RAL ~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FO~D/DRPT ..... DESCRIPTION ...... SALES TAX AMOUNT TOTAL CH~CK 0.00 100219.95 1020 688683 10/19/01 2027 MA~SHA GARCIA 1104400 RZIMBORS~NENT OF EXPEN 0.00 129.46 1020 588684 10/19/01 2476 GARDEN EQUIPmeNT CLINIC 6309820 EXQ1225K604 MULCH KIT 0.00 7700.40 1020 588685 10/19/01 281 GARDENLRND 1108318 SUPPLIES P.0.15429 0.00 350.71 1020 588686 10/19/01 M GENARD, FABI~NNE 580 Refund: Check ~ FALL E 0.00 1~2.00 1020 588687 10/19/01 M GICALE, FRANK 580 Refund: Check - Ren=al 0.00 500.00 1020 588688 10/19/01 2046 GOVEP~ FINANCE OFFIC 1104100 ERP/FINANCIAL M(;MT SYS 0.00 25.00 1020 588689 10/19/01 2500 T~P-RY GP~EE/~E 1108601 REI~URSEMENT FOR MOP 0.00 265.00 1020 588690 10/19/01 M GUPTA, BHAVNA 580 Refund: Check - FALl. 0.00 35.00 1020 588691 10/19/01 M Gerverdinck, W~llem 550 Refund: Check - Grea~ 0.00 944.25 1020 588692 10/19/01 1426 HA~IOUS T~C~OLOGIES 5208003 S~PLIES P.0.16692 0.00 287.82 1020 588693 10/19/01 1951 HO~ST~ F.F.C. INC 5806449 S~VICH AC~FJ4ENT FOR 0.00 360.00 1020 588694 10/19/01 1898 HORIZON 1108321 FY 2001-2002 OPEN PURC 0.00 170.43 1020 588694 10/19/01 1898 HORIZON 1108407 FY 2001-2002 OPEN PURC 0.00 306.59 1020 588694 10/19/01 1898 HORIZON 1108314 FY 2001-2002 OPEN PU~C 0.00 1343.24 1020 588694 10/19/01 1898 HORIZON 1108312 FY 2001-2002 OPEN PURC 0.00 1069.49 1020 588694 10/19/01 1898 HORIZON 1108321 FY 2001-2002 OPEN PL~C 0.00 651.15 1020 588694 10/19/01 1898 HORIZON 1108321 FY 2001-2002 OPEN PURC 0.00 325.78 TOTAL CHECK 0.00 3865.70 1020 588595 10/19/01 M HUSTO~, DOR~EN 500 Refund: Check - Rental 0.00 500.00 1020 588696 10/19/01 2299 INDUSTRZAL SA~ta-x &HAZ~ 1108201 CANCEL REFP~SHER CLASS 0.00 150.00 1020 588697 10/19/01 1242 INSTY-PRINTS · 1104310 T.~-~%-=~IEAD PAPER & ];NV 0.00 5569.06 1020 588698 10/19/01 1009 J.A. SEXAU~R INC 1108504 PARTS/SUPPLIES 0.00 82.62 1020 588698 10/19/01 1009 J.A. SEXAUER INC 1108501 PARTS/SUPPLIES 0.00 82.62 1020 588698 10/19/01 1009 J.A. SLY~b~R INC 1108502 PARTS/SUPPLIES 0.00 82.62 TOTAL CHECK 0.00 24?.86 1020 588699 10/19/01 2285 KATHRYN IfleT~ JOE~-z-]iH 1106265 SERVICHAG~f~HT FOR 0.00 187.50 1020 588700 10/19/01 H KAY, )~G 580 Refund: Check - Rental 0.00 100.00 1020 588701 10/19/01 1630 KIDZ LOVE SOC3?.~K INC 5806449 SERVICE AG~R~ FOR 0.00 8184.00 1020 588702 10/19/01 M KIM, M~A 580 Refund: Check - FALL. 0.00 100.00 RI.IH KATE 10/18/01 TXI~ 16:56:42 - FXHANCXAL ACCO~iTXBQ 10/18/01 CZT~ OF CUPERTINO PAGE; 6 A~1'NG PE~.TOD: 4/02 CHECK REGTSTER - DZSBURSE~NT FOND ~ - I10 - GE~ERA~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION .... ~- SALES TAX AMOUNT 1020 588703 10/19/01 2355 KIMLEY-HORN AND ASSOCIAT 4209541 PUBLIC WORK~ CONTRACT 0.00 9884.40 1020 588704 10/19/01 M KOO, EUNJOO 580 RefUnd: Check - FA~L E 0.00 120.00 1020 588705 10/19/01 M KUMAR, RAM~qURTHY 580 Refund: Check- FALL # 0.00 90.00 1020 585706 10/19/01 2517 LAFCO 1101000 LOCAL S~ENCY FORMATION 0.00 4388.59 1020 588707 10/19/01 592 LEAGUE OF CALIFORNIA CIT 1104300 SEMINAR JOI~SON/BERNAR 0.00 750.00 1020 585708 10/19/01 396 PHILLIP M LENIHAN 5506449 SERVICE AGRNE~NT FOR 0.00 140.00 1020 580709 10/19/01 2515 L~RN 1106200 YEARLY ~RSHIP 0.00 295.00 1020 588710 10/19/01 M LEWIS, JENNIFER 580 Refund: Check- FALL. 0.00 30.00 1020 588711 10/19/01 M2002 LIFETIME POOLS 110 RNFO EMCROAC~V.~NT BONO 0.00 500.00 1020 588712 10/19/01 M2002 LIFETIME POOLS, INC. 1100000 P~EFD FEES C~NCFT.~D PRO 0.00 777.00 1020 588713 10/19/01 400 LIFETIME TI~NNTS INC 5?06450 SEMVICR ~ FOR 0.00 51583.?9 1020 588714 10/19/01 2514 LOS ALTOS C,A~BAGE 5506549 DISC FEE 9/27-10/04 0.00 155.03 1020 588715 10/19/01 M2002 MABUTAS, CLIFF W. 1108201 R~IME EXAMINATIONS FEE 0.00 25.00 1020 588716 10/19/01 1965 MAZE ~ ASSOCIATES 1104000 GASB 34 PROG SILL 9/20 0.00 1250.00 1020 558716 10/19/01 1968 MAZE A~D ASSOCIATES 1104000 FINANCIAL AUDIT SERVIC 0.00 416.25 TOTAL CH~CK 0.00 1688.25 1020 S88717 10/19/01 1602 MEIA M~ISRNVICES C~MPAN 1100000 S.TAX AUDIT 0TR END 3/ 0.00 926.85 1020 588718 10/19/01 1292 MCI MORLDCO~4 1104400 Y1483502/SEPT SEI~VXCR 0.00 28.07 1020 588719 10/19/01 1968 )~t'KO MOBILS C01~4[~ICATI 1108501 PASTS/SUPPLIES 0.00 312.00 1020 585720 10/19/01 940 MILPITAS MOM~S INC 1108312 SUPPLIES P.0.15424 0.00 518.40 1020 585721 10/19/01 2157 ~ MINATO 5905349 ~RVXCR AG~ FOR 0.00 S31.67 1020 S88722 10/19/01 2475 MINOLTA BUSINESS SOLUTIO 1107501 RP 6001 DESKTOP FICH~ 0.00 4017.60 1020 588723 10/19/01 444 MINT~'S v.~E1% 1108507 SUPPLIES P.0.24085 0.00 24.83 1020 S88723 10/19/01 444 MINTC~'S L~ 1108507 SUPPLIES P.O.24080 0.00 19.40 TOTAL CHECK 0.00 44.23 1020 588724 10/19/01 447 MTSSI~ ~IF(~M S~VICE 1108201 FY 2001-2002 OPEN PU~C. 0.00 2.S0 1020 588724 10/19/01 447 MXSSI0~ ~IF0~M S~]tVZCE 1108201 FY 2001-2002 OPeN PU~C 0.00 67.50 1020 588?24 10/19/01 447 MZ$SI~ ~H~II~OltM S~RVXCE 1108201 FY 2001-2002 OPEN PU~C 0.00 1.S0 1020 588~24 10/19/01 447 MISSION ~IFORM S~RVICE 1108201 FY 2001-2002 OPRN PURC 0.00 89.76 1020 588724 10/19/01 447 MIESX(~ ~H~XFORM S~ItVXCE 1108201 FY 2001-2002 OPEN PU~C 0.00 85.76 DATE 10/15/01 TIME 16:S6:42 -FXNANCIAL 10/18/01 CITY O~ ~'~]~TINO ~"~TII~ ~RIOD: 4/02 ~H A~ ~CK NO ISS~ ~ .............. ~ ~CK 0.00 251.02 1020 588725 10/19/01 1023 ~ ~I 1107502 ~VI~ SERV 6/7-9/25/0 0.00 85117.00 1020 588726 10/19/01 M ~EL, ~H 580 Ref~d: ~eck - F~ g 0.00 132.00 1020 588727 10/19/01 465 ~AIN VI~ ~ ~ 1108312 ~ 2001-2002 OP~ ~C 0.00 21.87 1020 588727 10/19/01 465 ~N VI~ ~ ~ 1108~14 ~ 2001-2002 O~ ~C 0.00 87.32 1020 588727 10/19/01 465 ~AIN VIEW ~ ~ 1108303 ~ 2001-2002 OP~ ~C 0.00 115.00 1020 588727 10/19/01 465 ~ VZ~ ~ ~ 1108]03 ~ 2001-2002 OP~ ~C 0.00 29.11 ~ ~CK 0.00 253.~0 1020 588728 10/19/01 1191 ~ ~Y INC 1108408 ~ES 0.00 672.08 1020 588729 10/19/01 M ~, ~RI 580 Ref~d: ~eck - F~. 0.00 35.00 1020 588730 10/19/01 M ~, ~IN1 580 Ref~d: ~eck - Cancel 0.00 100.00 1020 588731 10/19/01 2197 ~TI~ ~Y ~ 1108201 ~S/WINS~ & O~ 0.00 2390.00 1020 588732 10/19/01 1550 ~IS L ~I~ 1103500 S~VI~ ~ ~R 0.00 5~2.50 1020 588733 10/19/01 489 ~R~ ~IC S~L 5806349 S~VI~ ~ ~R 0.00 4138.~ 1020 5887~4 10/19/01 2206 O.K. FI~ EQUI~ ~ 1104400 S~VZ~ & ~P~IES 0.00 98.60 1020 588735 10/19/01 495 O~I~ ~L~R 1106100 ~I~ 0.00 38.12 1020 588735 10/19/01 495 O~I~ ~ 1106100 ~I~ 0.00 141.48 ~ ~ O.o0 179.60 1020 588736 10/19/01 503 O~ ~PLY 5606640 ~ 2001-2002 O~ ~C 0.00 275.63 1020 S887~6 10/19/01 503 ~ ~Y 5606640 ~ P.O.52118 0.00 -115.56 1020 588736 10/19/01 503 ~ ~Y S606620 ~ 2001-2002 OP~ ~C 0.00 202.08 1020 S88736 10/19/01 503 OR~ S~Y 5606620 ~Lu~ P.O.52118 ~.00 -19.43 1020 588736 10/19/01 503 ~ ~Y 5606640 ~ 2001-2002 OP~ ~C O.00 400.94 1020 588736 10/19/01 503 O~ S~Y 5606620 ~ 2001-2002 OP~ ~C o.o0 7.01 1020 588736 10/19/01 503 ~ ~Y 5606640 ~-TI~ DIS~ 0.00 -26.~5 ~ ~ 0.00 723.72 1020 5887~9 10/19/01 511_ PACIFZC ~ 1108501 S~V. 9/13-10/12 0.00 324.00 1020 588739 10/19/01 511 P~IFIC ~ 6104800 S~VI~ SE~ 2001 0.00 299.32 1020 5887~9 10/19/01 511 P~IFIC ~ 2308004 ~ S~v SE~O0 0.Go 30.15 1020 S88739 10/19/01 511 P~IFIC ~ 1106265 ~.~ S~V SE~00 0.00 90.45 1020 S88739 10/19/01 511 P~2~IC ~ 1108201 ~ B~ SE~00 0.Go ~79.62 · 1020 588739 10/19/01 Sll P~IFIC ~ 6104800 ~ ~V SE~00 0.00 ST2.B3 1020 588739 10/19/01 511 P~IFIC ~ 5606620 ~ ~V SE~20O 0.00 311.52 1020 588739 10/19/01 511 P~IFZC B~ 5606640 ~ S~V SE~00 0.00 2~0.51 1020 . S88739 10/19/01 511 P~ZFIC~ S708510 TK'.~ ~V DE~00 0.00 241.19 1020 588739 10/19/01 511 P~IFIC B~ 1106265 ~.~ ~V SE~00 0.00 211.04 1020 588739 10/19/01 511 P~IFIC B~ 1107301 ~ SERV SE~O0 0.00 60.30 1020 588739 10/19/01 511 P~IFZC ~ 1108504 ~ S~V SB~00 O.O0 120.60 R~ ~ 10/18/01 TZ~ 16:56:43 - 10/16/01 CITY OF CUPER?INO 1020 588739 10/19/01 511 P~IFIC BE~ 1108511 TE~O~ S~V SEPT200 0.00 60.30 1020 588T39 10/19/01 511 PACIFIC BE~ 1106647 TE~O~ SERV SE~200 0.00 271.34 1020 588739 10/19/01 511 PACIFIC BE~ 1108508 TE~ SERV SE~200 0.00 ~8.42 1020 S88739 10/19/01 Sll PACIFIC BELL 1108509 ~LEPHO~ SERV SE~200 0.00 ~2.52 1020 588739 10/19/01 511 PACIFIC BBLL 1108504 ~LEPHO~ SERV SE~200 0.00 ~1.87 1020 S887~9 10/19/01 511 PACIFIC BE~ 1108407 ~PHO~ SERV SE~00 0.00 1~.14 1020 S88739 10/19/01 Sll PACIFIC BE~ 1108706 ~ S~V SE~200 0.00 83.07 1020 S887~9 10/19/01 511 PACIFIC BELL 1102100 ~PH~ S~V SE~00 0.00 150.74 1020 588739 10/19/01 511 PACIFIC BE~ 1104300 ~ SERV SE~200 0.00 270.85 1020 588739 10/19/01 ~11 PACIFIC BE~ 110~00 ~ $ERV S~00 0.00 60.~0 1020 588739 10/19/01 511 PACIFIC BELL 1104000 ~ S~V SE~00 0.00 90.45 1020 5887~9 10/19/01 Sll PACIFIC BE~ 1104100 ~ SERV SE~200 0.00 180.89 1020 588739 10/19/01 511 PACIFIC BE~ 1104510 ~O~ S~V SE~200 0.00 180.89 1020 588739 10/19/01 511 PACIFIC BE~ 1106647 ~O~ 1020 S887~9 10/19/01 511 PACIFIC ~ 1104400 ~0~ SERV SE~00 0.00 90.45 1020 588739 10/19/01 ~11 PACIFIC BE~ 1106100 ~P~ S~V SE~200 0.00 90.45 1020 588739 10/19/01 511 PACIFIC BELL 1106529 ~ S~V SE~00 0.00 30.15 1020 588739 10/19/01 511 PACIFIC B~ 1107~02 ~ S~V SE~00 0.00 ~0.15 1020 S88739 10/19/01 Sll PACIFIC BE~ 1107503 ~O~ S~V SE~00 0.00 120.60 1020 588739 10/19/01 511 PACIFIC BE~ 1108001 ~ SERV SE~200 0.00 150.~4 1020 S88739 10/19/01 ~11 P~IFIC ~LL 1108101 1020 S88739 10/19/01 ~11 PACIFIC BE~ 1108102 ~ S~V SE~200 0.00 ]0.15 1020 588739 10/19/01 511 PACIFIC BE~ 1106265 ~m~ SERV SE~200 0.00 97.44 1020 ~88739 10/19/01 511 PACIFIC BE~ 1108501 ~ S~V SE~00 0.00 791.71 1020 588739 10/19/01 511 PACIFIC BE~ 110850~ ~PH~ S~V SE~00 0.00 1020 ~887~9 10/19/01 511 PACIFIC BE~ 1108507 ~P~ S~V SE~00 0.00 112.82 1020 S88739 10/19/01 511 PACIFIC 9~,T. 5606620 ~ S~V SE~00 0.00 301.49 1020 5887~9 10/19/01 511 PACIFIC B~ 5706450 1020 S8~7~9 10/19/01 ~11 PACIFIC BE~ 1108~01 ~T.~ S~V DE~O0 0.00 90.45 1020 5~8739 10/19/01 51~ PACIFIC BE~ 1101200 ~ S~V SE~ 20 0.00 90.45 1020 5887~9 10/19/01 ~11 P~IFIC BE~ 11086~2 ~ S~V SE~00 0.00 120.60 ~ ~ 0.00 106~0.78 1020 ~88740 10/19/01 S1~ PACIFIC ~ a ~IC { 1108602 ~IC 8/~0-10/02 0.00 76.09 1020 588740 10/19/01 513 PACIFIC ~ & ~IC ( 1108602 E~IC 8/31-10/2 0.00 87.24 1020 588740 10/19/01 51~ P~IFIC ~ E ~IC ( 1108407 1020 588741 10/19/01 N P~S, ~ 580 Reft: ~eck - ~ O.00 300.00 RIJ~i DATE 10/18/01 TIME 16:56:44 - FINANCZAL ACCOT~iTIN(3 10/18/01 CITY OF CUPERTINO PAGE ACCOX~TING PERIOD: 4~02 C~ECK P.~GIST~ - DISBU~SIA~NT FTJ~ID F~H~D - 110 - GE~TE~U%L F~ND ~H AC~ ~ NO ISS~ ~ .............. ~ ............. ~/DE~ ..... DES~I~ION 1020 588742 10/19/01 1099 PA~ ~I~I~ INC 2709450 S~VI~ ~ ~R 0.00 13350.00 1020 588743 10/19/01 1494 P~ ~ 5208003 ~ IN ~E S~ SE~ 0.00 537.52 1020 588743 10/19/01 1494 ~ ~ 5208003 ~ IN ~E ~ SE~ 0.00 295.92 1020 588744 10/19/01 ~6 ~ ~IE ~SON 5806249 S~VI~ ~ FOR 0.00 350.00 1020 S88745 10/19/01 2497 ~.T.~ ~TA PI~ S806249 S~VI~ ~ ~ 0.00 844.~0 1020 S88747 10/19/01 1247 ~IE ~N 4269212 ~IES ~. ~R~ 0.00 11~.05 1020 S88748 10/19/01 M ~0L, ~ 580 Reft: ~eck - F~ E 0.00 144.00 1020 S88749 10/19/01 509 ~ S~S ~NC S806~49 S~PLIES P.0.23805 0.00 SO.OS 1020 S88~49 10/19/01 S09 ~ S~S INC S806~49 ~I~ P.0.2~806 0.00 49.64 1020 588749 10/19/01 509 ~ ~~ INC SB06~49 ~XBS P.O.23363 0.00 38.8~ ~ ~ 0.00 162. 1020 588750 10/19/01 1480 ~I~ ~ 5806~49 TX~ ~R ~I~Y ~XP 0.00 ]051.50 1020 588751 10/19/01 H ~R~I, ~ 580 ~ 115645 & 115647 0.00 112.00 1020 588752 10/19/01 2441 ~g ~ 5606249 S~VX~ ~ ~R 0.00 8~.75 1020 58875~ 10/19/01 575 ~ ~Y 520800] ~.~ ~ 0.00 1597.25 1020 588754 10/19/01 577 ~ ~UI~ ~ 5606640 ~XES P.O.16982 0.00 154.54 1020 588755 10/19/01 581 ~LI~ 1104100 1020 588755 10/19/01 581 ~LI~ 1104]00 ~XgS P.O.12085 0.00 71.44 ~ ~ 0.00 55955.50 1020 588758 10/19/01 ~002 ~ ~ A VXSX~ 1108001 ~ ~. 12/18 ~A~ 0.00 152.00 1020 588759 10/19/01 614 ~ ~S 1108603 BX~~.~ ~ ~E~ 0.00 1100.00 1020 588759 10/19/01 614 ~ ~S 1108603 BI~m ~ ~X~ 0.00 4200.00 ~ ~ 0.00 5500.00 DATE 10/18/01 T13~ 16:S6:44 - FIIf~K~IA~ ~Z~G 10/18/01 CI/'T OF CUPERTINO PAGE A~ING PERIOD: 4/02 CH~CK R~GIS'I~R - DISBURS~NT FT.~D ~020 S~8761 10/19/01 62~ S~A ~ ~ DE~ OF R ~02100 CITATIONS 8/200~ 0.00 2~70.00 1020 588762 10/19/01 628 ~A ~ ~ S~I 1102100 ~ ~RC~ SERV~C 0.00 471375.10 1020 588763 10/19/01 63~ ~A ~ ~ ~RZ 5606620 ~ 2001-2002 OP~ ~C 0.00 634.1~ 1020 588764 10/19/01 1146 ~ ~, ~ OF 2610000 ~F Z~S~ ~ 5/1-8 0.00 8109.85 1020 5~8765 10/19/01 639 ~VZN ~R~TZON (~PZE 1104310 ~1-5061869 10/31-1/31/ 0.00 7141.73 1020 588766 10/19/01 H S~=, ~ 580 Reft: ~eck - Cancel 0.00 1020 588767 10/19/01 2051 S~T ~E~ZS;S, ZNC. 6308840 ~ ~H 8/31-9/15 0.00 136.50 1020 588768 10/19/01 2016 SZ~S BUZ~Z~ ~0~ 1108504 TI~/~'r~Z~ 0.00 3883.60 1020 5~V68 10/19/01 2016 SZ~S 9~Z~ ~OL 1108501 TZ~/~RI~ 0.00 2330.43 1020 588768 10/19/01 2016 SZ~S BUZ~Z~ 1108504 TZ~/~TERZ~ 0.00 147.00 1020 588768 10/19/01 2016 SI~S BUZZING ~ 1108501 S~PLI~ P.0.15399 0,00 223.90 ~ ~ 0.00 6584.93 1020 588769 10/19/01 652 SZE~ S~2~S ~A~ ~. 1106265 ~ 2001-2002 O~ ~C 0.00 76.55 1020 588?70 10/19/01 1837 SZ~Z~V~T~.~ PAVZ~ ~ 1108503 ~ ~22899 ~T R 0.00 7321.00 1020 588770 10/19/01 1837 SZ~Z~ ~T~'~ PAVZ~ ~ 1108503 ~P~T ~P~ZR 0.00 6211.00 ~T~ ~CK o.oo 115s2.oo 1020 5887~1 10/19/Ol ~ SO~, ~-~ 580 Reft: ~eck -- 1020 58~7~2 10/19/01 ~ SO~I, S~XCI~ 580 Ret~d~ ~eck - Fall 1020 5~77] 10/19/01 ~002 S~T~ 5600000 ~PX~ P~M 0.00 1020 588774 10/19/Ol 2474 ~ S~RTS ~ ~ 4269212 S~VZ~ ~ ~ 0.00 9973.69 1020 588776 10/19/01 H ST~, ~ZS 580 Ref~d: ~eck - F~. 0.00 49.00 1020 588777 10/19/01 1011 ~ ~ OF S~Z~T 270 ~Y-SE~ 2001 0.00 132.99 1020 58~77 10/19/01 1011 ~ ~ OF ~Z~T 5700000 ~Y-SE~ 2001 0.00 1020 588777 10/19/01 1011 ~B~OF E~I~T 520 ~Y-SE~ 2001 0.00 2.25 1020 S88777 10/19/01 1011 ~A~ ~OF E~Z~T ~60 ~Y-SE~ 2001 0.00 52.~4 .1020 588777 10/19/01 1011 ~ ~ OF ~ 630 ~Y-SE~ 2001 0.00 19.28 1020 588~7q 10/19/01 1011 ~ OF ~Z~T 560 ~Y-SB~2001 0.00 14611.62 1020 588777 10/19/01 1011 S~A~ ~ OF ~Z~T 610 ~Y-S~ 2001 0.00 1020 588777 10/19/01 1011 ~A~ ~ OF ~Z~T 110 ~Y-SE~ 2001 0.00 1614.84 1020 S88777 10/19/01 1011 ~A~ ~ OF ~Z~T 110 ~Y-SE~ 2001 0.00 -10769.00 1020 588777 10/19/01 1011 ~A~ ~ OF g~I~T 580 ~Y-SE~ 2001 0.00 43.15 ~ 0.00 9602.00 R~i* DA'I~ 10/18/01 TZKK 16:56:45 ~H AC~ ~ECK NO ISS~ ~ .............. ~R ............. ~/DE~ ..... DES~Z~ZON ...... S~ES T~ 1020 588~78 10/19/01 ~002 S~E~Y ~ 1108001 ~. F~CZLZ~ ~OR~HO 0.00 85.51 1020 588778 10/19/01 ~002 S~E~Y ~ 1104300 ~. FACILI~ WOR~HO 0.00 8S.51 1020 588778 10/19/01 ~002 S~Y ~ 1101500 ~. FACILI~ WOR~HO 0.00 85.51 1020 588778 10/19/01 ~002 S~Y ~ 1101200 ~. FACXLI~ WO~HO 0.00 1~1.00 1020 588778 10/19/01 ~002 S~E~Y ~ 1106100 ~. FACILI~ WOR~HO 0.00 8~.51 1020 ~88779 10/19/01 S29 ~ ~TI~, INC 6104800 ~TA LI~ S~VI~ 0.00 ~1.69 1020 588780 10/19/01 690 ~ FO~ 6308840 ~ 2001-2002 O~ ~C 0.00 40.24 ~ ~CK 0.00 47.28 1020 588781 10/19/01 1825 ~F~ZOR ~1~I~ 6308840 ~PLIES P.O. 15428 0.00 258.69 1020 588781 10/19/01 1825 ~F~ZOR ~I~I~ 6308840 ~I~ P.0.23693 0.00 36.50 ~ ~ 0.00 295.19 1020 588782 10/19/01 694 S~ 1108602 ~ ~D FOR U ~ L 0.00 1076.21 1020 588783 10/19/01 695 SYS~ ~D S~YI~S OF S 5606620 ~ 2001-2002 OP~ ~C 0.00 44S.63 1020 588783 10/19/01 695 SYS~ F~D S~VI~ OF S 5606680 ~ 2001-2002 OP~ ~C 0.00 363.74 1020 588783 10/19/01 695 SYS~ ~D S~VZ~ OF S'5506549 ~EE 0.00 213.36 1020 588783 10/19/01 695 SYS~ ~D SERVI~S OF S 5506549 ~E~HIP 0.00 174.14 ~T~ ~ 0.00 1196.87 1020 588784 10/19/01 M SalM~, Her~ 5S0 Reft: ~eck - d~si 0.00 750.00 1020 588785 10/19/01 M T~I, ~SH2~I 580 Reft: ~eck - F~. 0.00 64.50 1020 588786 10/19/01 699 T~ P~1CS ~C 6308840 ~IES P.O. 15313 0.00 314.14 1020 588787 10/19/01 701 T~G~ ~S 5806349 S~PLI~ P.0.23829 0.00 50.26 1020 588787 10/19/01 701 T~G~ ~S 5806349 S~PLI~ P.O.23828 0.00 34.32 1020 588788 10/19/01 10~ T~ ~R 1101200 ~P. PROP T~ - S~1 0.00 810.01 1020 588788 10/19/01 1013 T~ ~R 1101200 ~OP. T~ - S~ZC 0.00 6158.69 ~ ~ 0.00 6968.70 1020 588789 10/19/01 709 ~ ~ 5806449 S~V1~ ~ ~R 0.00 2633.00 1020 588790 10/19/01 1538 ~ ~A-~RIS~ Z~ 1108312 ~Z~ I~1~ ~ 0.00 979.62 1020 588791 10/19/01 V10 ~ ~ 5806249 S~ ~ ~R 0.00 5035.20 1020 588792 10/19/01 M ~, DI~ 580 ~: ~eck -Rencal 0.00 100.00 DATE 10/10/01 T~ 16:56:46 - 8'"rNANCIAL ACCOUNTING ~.0/1B/0~. CTTY OF CUPER?IN0 P~;;£ Z2 1020 5887~3 ZO/~9/O~ 724 ~F & ~S~ E~Z~ 6308840 · ~ 200Z-2002 OP~ ~C 0.00 ~96.52 1020 588794 ~O/Zg/OZ ~ ~SON, GEORGE 5B0 Re~d: ~ec~ - Cance~ 0.00 55.00 1020 588799 20/19/02 310 ~ZZ~ N2~SS FO~ 1101200 ~G~ ~ 2001 S~ 0,00 2Z.10 1020 588799 ~0/19/01 310 ~Z~ W~SS FO~ 1107503 ~GES O~ 2001 S~ 0.00 158.67 ~020 588799 Z0/zg/01 3L0 ~RZZO~ HIneSS ~O~ ZZ08503 ~G;S O~ 200~ S~ 0.00 41.55 1020 588799 ~0/19/0~ 3Z0 ~RZZON HIneSS ~ Z108505 ~S ~ 200Z ~ 0.00 44.55 · 020 588799 Z0/~9/01 3Z0 ~RIZON ~I~SS ~ 1108602 ~ES ~ 2001 ~ 0.00 21.10 ~020 588804 ~0/~9/01 H ~ats~, Hope 550 ~: ~eck - R~ 0.00 58.00 · ~020 S88806 ~0/~9/0~ M Y~l~, ~ sso ~f~d: ~eck - F~ S 0.00 ~32.00 1020 588807 10/~9/0~ 805 ~T ~I~ ~ 4209116 ~L~C ~ ~ 0.00 4197.00 ~ ~ 0.00 4397.20 ~ ~ ~ 0.00 119947Z.70 RT.~ DATB 10/18/01 TTM~ 15:S6:46 o FTHMICTAL A~3~3~TZHG 10/18/0! CZTY O~ CU~'~SRT~'NO PAGe. ACCOG~TING PERIOD: 4/02 CHECK R~GISTER - DISBURSEMENT FUND SELECTION CRIT~RTA: =ransac=.=rans_dace be=ween '10/15/2001, a~d ,10/19/2001# FUND - 110 - GENERAL FU~D C~SH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ---j-DESCRIPTION ...... SALES TAX AMOUNT TOTAL FL~D 0.00 1199471.70 TOTAL REPORT 0.00 1199471.70 RU~* D~I~ 10/19/01 TXM~ 16~56:46 - FZI~NCL~L ACCO~TXNG RESOLUTION NO. 01-230 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 DESCRmED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING OCTOBER 26, 2001 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: Di~inistrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19i:h day of November ,2001, by the following vote: Vote Meiiibers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 10/25/01 CITY OF CUP~TINO PAGE 1 ACCOU/qTING P~RIOD: 4/02 CH~CK P.E~LqTER - DISBUP.~EMENT ~ ~ - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX /~4OUNT 1020 586926 V 08/10/01 M2002 A.P.C.O. 1108314 FCC FORMS S. TOG~TETTI 0.00 -360.00 1020 S88520 V 10/12/01 M2002 CITY OF PLEASAF~0~ 1101500 BAY AREA CITY ATT L~qC 0.00 -64.00 1020 588539 V 10/12/01 2188 GENETITEC 5706450 FY 2001-2002 OPeN PU~C 0.00 -316.08 1020 588808 10/26/01 M2002 A.P.C.O. 1108314 FCC FOP, MS / S.T0~NETT! 0.00 480.00 1020 588809 10/26/01 13 A(~4~ & SONS SANITATION C 1108321 9/8-10/5 TOILET RENTAL 0.00 154.00 1020 588810 10/26/01 M2002 AD~L~TE TOASTMASTERS 1104400 TRAINING DUES / R.MADD 0.00 51.24 1020 588811 10/26/01 1680 ADVANTAGE ~R~FIX 1101000 BA~NE~S 0.00 708.00 1020 588812 10/26/01 M2002 AT, BRIGHT, GARY 110 REFD ~qUSED LEGAL DPST 0.00 100.00 1020 588813 10/26/01 2071 ~AZON. CO~ 1107301 10201631173953701 0.00 21.49 1020 588814 10/26/01 M ~NDERSON, MICHAEL 580 Refund: C~eck - FA~L. 0.00 12.00 1020 588815 10/26/01 M BA~R, ROBERT 580 Refund: Check - FALL. 0.00 10.00 1020 588816 10/26/01 M2002 BATELY, T~(IMAS 1100000 RPL CK56170 LOST IN MA 0.0O 141.67 1020 588817 10/26/01 M BEKI(~ON, JULIE 580 Refund: Check - FALL. 0.00 25.00 1020 588818 10/26/01 M BORDEN, RACHEL 580 Refund: Check- FALL. 0.00 20.00 1020 588819 10/26/01 1066 BROWNING-FERRIS INDUSTRI 5208003 SE~T 2001 SERVICE 0.00 75449.01 1020 588820 10/26/01 2508 BUCKLES-SMITH ELECTRIC 1108312 PARTS/SUPPLIES P.O.154 0.00 93.11 1020 588821 10/26/01 M2002 CALIF ASSN OF SANITATION 1101500 MCLE CL~S 11/09 C.KIL 0.00 50.00 1020 588822 10/26/01 M2002 CA~IFORN/A PARKS & P, ECR~ 5506549 APPL FACILITIES DSSI(~ 0.00 40.00 1020 588823 10/26/01 2232 CARIAGA, T'OU]~DES 110 SSGARNS~qT 0.00 103.84 1020 588823 10/26/01 2232 CARIAGA, LOURDES 110 CSGAR~S}~T 0.00 306.50 TOTAL CHE~K 0.00 410.34 1020 588824 10/26/01 149' CASH 1101040 PETTY CASH 10/16-10/22 0.00 6.98 1020 588824 10/26/01 149 CASH 1104300 PETTY ~ 10/16-10/22 0.00 44.00 1020 588824 10/26/01 149 CASH 1101042 PETTY CASH 10/16-10/22 0.00 11.87 1020 588824 10/26/01 149 CASH 1104510 P~'J.-,r'~ CASH 10/16-10/22 0.00 -45.00 1020 588824 10/26/01 149 CASH 2708405 p~.-.t'f CASH 10/16-10/22 0.00 33.44 1020 588824 10/26/01 149 CASH 1104510 P~-~-~ CASH 10/16-10/22 0.00 71.78 1020 586824 10/26/01 149 CASH 2204010 Pm~ &-f C~,~H 10/16-10/22 0.00 80.24 1020 588824 10/26/01 149 C~SH 1107405 Pm~-&-~ CASH 10/16-10/22 0.00 51.79 TOTAL' CH~CK 0. O0 255.10 1020 588825 10/26/01 155 C~NTRAL WHOLESALE NURSER 1108407 SUpp*r'IES P.O.15455 0.00 535.14 R~,~ I~T~ 10/25/01 TII~ 09:15:42 - FINANCL~ ~ING 10/25/01 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 4/02 CHECK REGISTER - DISBURSEMENT FU/qD SELECTION CRITERIA= ~ra~ac~.trans_da~e between "10/22/2001" and "10/26/2001" F~qD - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. ~;qDOR ............. F~TRD/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588826 10/26/01 1057 CERIDIAN BENEFITS SERVIC 110 *FLEX HLTH/240125 0.00 281.61 1020 588826 10/26/01 1057 ~IDIAN BENEFITS SERVIC 110 *FLEX DEP/240125 0.00 173.09 TOTAL CHECK 0.00 454.60 1020 588527 10/26/01 1155 CHA 110 CHA 0.00 117.00 1020 588828 10/26/01 1453 CHRISTOPHERS CARPET SSRV 1108501 TIE/MATERIALS 0.00 330.00 1020 588829 10/26/01 192 CMC OCCUPATIONAL HEALTH 1104510 PRE EMPLOI~4ENT PHYSICA 0.00 75.00 1020 588829 10/26/01 192 C~4C OCCUPATIONAL HEALTH 1104510 PRE EMPLOYMENT PHYSICA 0.00 280.00 1020 588829 10/26/01 192 Ct4C OCCUPATIONAL H~ALTH 1104510 PR~ EMPLOYMENT PHYSICA 0.00 205.00 1020 588829 10/26/01 192 CMC OCCUPATIONAL HEALTH 1104510 ~ PHYSICAL 0.00 100.00 TOTAL CHECK 0.00 660.00 1020 588830 10/26/01 1606 COLOUR SHOPPE DRAPERIES 1108501 PARTS/SUPPLIES 0.00 390.96 1020 588831 10/26/01 M COPRIVIZA, ~ARY 580 Refund: Check - FALL # 0.00 20.00 1020 588832 10/26/01 M2002 CORBIN, KEITH 110 REFDDEVMAINTDEPOSIT 0.00 230.56 1020 588833 10/26/01 209 DE ANZA SERVICES INC 5606620 JANITORIAL OCT 2001 0.00 420.68 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108407 JANITORL~L SERV OCT 20 0.00 1004.89 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108314 JANITORIAL SERV OCT 20 0.00 7397.09 1020 588833 10/26/01 209 DE ARZA SERVICES INC 1108511 JANITORIAL OCT 2001 0.00 1091.16 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108501 JANITORIAL OCT 2001 0.00 2689.57 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108501 SPEC SERV C.HA~L SEPT2 0.00 90.00 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108502 JANITORIAL OCT 2001 0.00 3930.59 1020 588833 10/26/01 209 DE ANZA SERViCES INC 1108505 JANITORIAL OCT 2001 0.00 3300.00 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108503 JANITORIAL OCT 2001 0.00 1875.05 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108509 JANITORIAL OCT 2001 0.00 1306.45 1020 588833 10/26/01 209 DE ARZA SERVICES INC 1108506 JANITORIAL OCT 2001 0.00 323.78 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108504 JANITORIAL OCT 2001 0.00 5829.18 1020 588833 10/26/01 209 DE ARZA SERVICES INC 5708510 JANITORIAL OCT 2001 0.00 2358.09 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108507 JANITORIAL OCT 2001 0.00 1440.53 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108504 SPEC SEEV Q.CENTEE 9/2 0.00 180.00 1020 588833 10/26/01 209 DE ANZA SERVICES INC 1108504 SPEC SERV Q.CTR SEPT 2 0.00 690.00 1020 588833 10/26/01 209 DE ANZA SERVICES INC 5606640 JANITORIAL OCT 2001 0.00 420.68 TOTAL CH~CK 0.00 34347.74 1020 588834 10/26/01 67~ DEPARTMenT OF 0USTICE 1104510 FINGERPRINTS SEPT2001 0.00 384.00 1020 588835 10/26/01 850 DIDDA~ AMAZING pARTY ST 1101000 SUPPLIES P.O.16751 0.00 85.32 1020 588835 10/26/01 850 DIDDAMS $d~AZING PARTY ST 5806349 SUPPLIES P.0.23892 0.00 44.94 TOTAL CHECK 0.00 130.26 1020 588836 10/26/01 1354 DIRECT SAFETY CONPANY 1108005 SUPPLIES/PARTS P.0.153 0.00 -16.80 1020 588836 10/26/01 1354 DIRECT SAy=i'~ C0~PANY 1108005 SUPPLIES/PARTS P.0.153 0.00 425.70 1020 588836 10/26/01 1354 DIRECT SAy~A'~ OAMPANY 1108005 SUPPLIES/PARTS P.0.153 0.00 32.80 1020 588836 10/26/01 1354 DIRECT SAFETY C0~PANY 1108005 SUPPLIES/PARTS P.O.153 0.00 16.80 TOTAL CH~CK 0.00 458.50 R~ DATH 10/25/01 TIE 09:15:42 - FINANCZAL ACCO~1~TZNG 10/25/01 CITY OF CUPERTINO PAGE 3 ACCOI.V~T~'NO PERIOD: 4/02 CHECK RE~I~'£11it - DISBUR-~EMENT I:qlND ~ - 110 - OENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588837 10/26/01 220 DISCOI~T SCHOOL SUPPLY 5806349 SUPPLIES P.0.16896 0.00 111.90 1020 588838 10/26/01 1994 DISTRICT ATTORNEY TRUST 110 A LOPEZ JR 566398126 0.00 23.08 1020 588839 10/26/01 239 ELECTRICAL DISTRIBIYFORS 1108505 PARTS/SUPPLIES 0.00 939.39 1020 588840 10/26/01 M ELLINGSON, LYNDA 580 Refund: Check- FALL, 0.00 67.00 1020 588841 10/26/01 M ELLIS-0UII~, MARIE 580 Refund: Check- FALL. 0.00 20.00 1020 588842 10/26/01 M2002 E~ASSY SUIT~S 1104530 2 R0~MS / 3 DAy SEMINA 0.00 1068.96 1020 588843 10/26/01 242 EMPLOYMEIIT D~VBL DEPT 110 SIT/932-0014-5 0.00 16932.66 1020 588844 10/26/01 243 EMPLOYMENT DEVELOPMENT 110 SD1/776-6260-0 0.00 622.06 1020 588845 10/26/01 M ESTILLORE, CRISTYFLOR 580 Refund: Check - Rental 0.00 100.00 1020 588846 10/26/01 258 FAMILY SUPPORT TRUSTEE 110 V ORTEGA 563312780 0.00 352.62 1020 588847 10/26/01 260 FEDERAL EXPRESS CORP 1108601 COURIER SERVIC~ 0.00 29.92 1020 588847 10/26/01 260 FEDERAL EXPRESS CORP 4239214 COURIER SEXVICE 0.00 42.12 TOTAL CHECK 0.00 72.04 1020 588848 10/26/01 M FIDRIC, CLAUDINE 580 Refund: Check - FALL. 0.00 10.00 1020 588849 10/26/01 M2002 FIRST PRESBYTERIAN (~IURC 5600000 REFD OVPNY FEE 7/12 0.00 185.50 1020 588850 10/26/01 268 FOSTER BROS SECURITY SYS 1108501 K~Y MACHINE 0.00 369.90 1020 588850 10/26/01 268 POSTER BROS SECURITY SYS 6308840 KEY MACHINE 0.00 369.90 TOTAL CHRCH 0.00 ?39.80 1020 588851 10/26/01 1931 FREITRS & FP, EITRS 1107302 SERV 8/11-10/16/2001 0.00 5937.50 1020 588852 10/26/01 274 FRY' S ELECTRONICS 1108501 SUPPLIES P. 0.10952 0.00 172.71 1020 588852 10/26/01 274 FRY ~ S ELECTRURICS 6109856 PARTS/SUPPLIES P.O. 165 0.00 106.86 1020 588852 10/26/01 274 FRY'S ELECTRONICS 6109856 PARTS/SUPPLIES P.0.165 0.00 232.07 TOTAL CHECK 0.00 511.66 1020 588853 10/26/01 193'2 C~ TINE 1108314 PARTS/SUPPLIES 0.00 410.44 1020 588854 10/26/01 281 GARDENLAND 1108303 PARTS/SUPPLIES P. 0. 154 0,00 375.73 1020 588855 10/26/01 M GLAZBROOK, THERESA 580 Refund: Check - FALL. 0.00 20.00 1020 688856 10/26/01 2428 G~AHAM CONTRACTOR ZNC 2709450 PUBLIC WORKS CONTRACT 0.00 79594.20 1020 568857 10/26/01 298 G~J~NGER INC 2708405 PARTS/SUPPLIES 0.00 4?9.45 1020 588857 10/26/01 298 G~LINGER INC 5806449 PARTS/SUPPLIES 0.00 78.60 1020 588857 10/26/01 298 ~RAINGER INC 1108303 PARTS/SUPPLIES 0.00 106.22 RUR DATE 10/25/01 TINE 09:15:43 - FINANCIAL ~ING 10/25/01 CITY OF CUPERTINO P~S 4 ACCOUNTING PERIOD= 4/02 CHECK P, E~IS'x'~ - DISBUR~EId~ F~ F~ - 110 - OEN~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588857 10/26/01 298 GRAINGER INC 1108507 FY 2001-2002 OPEN PURC 0.00 167.50 1020 588857 10/26/01 298 GRAINGER INC 6308840 FY 2001-2002 OPEN PURC 0.00 76.37 1020 588857 10/26/01 298 GRAINOER INC 1108504 FY 2001-2002 OPEN PUEC 0.00 6.10 1020 988897 10/26/01 298 GRAINGSR INC 1108501 FY 2001-2002 OPEN PURC 0.00 6.36 1020 588857 10/26/01 298 GRAINGER INC 1108504 l~f 2001-2002 OPEN PURC 0.00 180.43 1020 588858 10/26/01 M GUPTA, BHAVNA 580 Refund: Check - FALL. 0.00 17.00 1020 588862 10/26/01 1235 HIG~ LIFE INSUR~CE 110 LIFE/AD&D NOV 2001 0.00 7430.54 1020 588863 10/26/01 2064 HOWARD G HOFF JR. 1104400 SERVICE AGREEMENT FOR 0.00 90.00 1020 508863 10/26/01 2064 HOWARD G HOPF JR. 1104400 SERVICE AGREEMENT FOR 0.00 130.00 1020 588867 10/26/01 1462 INNOVATION GS~OUP WEST 1101200 DUES 7/2001-7/2002 0.00 1500.00 1020 988868 10/26/01 M JAVIDANI, DELARA 580 Refulld: Check - FALL. 0.00 29.00 1020 588870 10/26/01 1969 GAXLJENSEN 2204011 TLTREINNURS~IENT 0.00 47.11 1020 588871 10/26/01 M ~, SULINO 580 Refund: Check - Rental 0.00 100.00 1020 588872 10/26/01 M2002 KASTELIC, ~EA~IE 9906549 ~'RAININO SESSION 10/12 0.00 60.00 '1020 588873 10/26/01 M KESTSRSON, DENICE 980 Refund= Check - FAdLL. 0.00 30.00 1020 588874 10/26/01 M ~CHFE, .ANDALUSIA 580 Refund: Check - FALh # 0.00 33.00 1020 588875 10/26/01 M KXM, ~ 580 Refund: Check - FALL. 0.00 15.00 RUE DATE 10/25/01 TIM 09:15:44 - FINA~CI~d ACCO~XNG 10/25/01 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD= 4/02 CHECK REGIETER - DISBURS~X~NT FUND F~ - 110 - GENERAL FIHqD CASH ACCT CHECK NO ISSUE DT .............. V~NDOE ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588876 10/26/01 M KIM, ](YOUNG SU 580 RSF~qDS 115817 & 11581 0.00 29.00 1020 588877 10/26/01 372 KINKO'S INC 5208003 SUPPLIES P.0.16677 0.00 25.92 1020 588877 10/26/01 372 KINKO'S INC 5208003 GA~E SA~ LIST 0.00 2244.24 TOTAL CHECK 0.00 2270.16 1020 588878 10/26/01 M2002 KOL~R, KEITH 110 P~EFD UB1USED ARCH/LGL D 0.00 742.44 1020 588879 10/26/01 M ]~RAMSKAYA, SLINA 580 Refund: Check - FALL # 0.00 12.00 1020 588880 10/26/01 2511 LA CHEMICAL 1108501 SUPPLIES P.0.15406 0.00 199.25 1020 588881 10/26/01 2300 BARBARA LAUX 5506549 YOGA INSTRUCTION 0.00 160.00 1020 588882 10/26/01 M2002 LEE, GARRICK H. 110 45% EFD PER BOND ERLEA 0.00 2250.00 1020 588883 10/26/01 M LEVIN, DAN 580 Refund: Check - FALL. 0.00 20.00 1020 588884 10/26/01 M LIUo SUSAN 580 Refund: Check - Rental 0.00 100.00 1020 588885 10/26/01 405 LONGS DRUGS #114 1108601 PHOTO PROCESSING 0.00 24.27 1020 588886 10/26/01 2356 LYNX TECHNOL0~IES 6109853 OIS BASEMAP CONVERSION 0.00 2000.00 1020 588887 10/26/01 M MACIAG, SANDY 580 Refund: Check - Return 0.00 750.00 1020 588888 10/26/01 M MAHAJAN, MAN~WJLA 580 Refund: Check - FALL. 0.00 15.00 1020 588889 10/26/01 1599 M~qAGEDH~ALTHNETWORK I 1104520 NOV2001 ERP PROGP, J~M 0.00 796.05 1020 588890 10/26/01 M MCGEE, CANDICE 580 ReEund: Check - FALL. 0.00 48.00 1020 588892 10/26/01 1292 MCI NORLDC~ 1104300 Y1326426 SEPT 2001 C~R 0.00 22.67 1020 588892 10/26/01 1292 MCI WORLDC0~ 1103300 Y1326426 SEPT 2001 CHR 0.00 18.02 1020 588892 10/26/01 1292 MCI WORLD~ 1104000 Y1326428 SEPT 2001 ~ 0.00 8.38 1020 588892 10/26/01 1292 MCI WORLDCOM 1101200 Y1326426 SEPT 2001 CHR 0.00 10.61 1020 588892 10/26/01 1292 MCI WOR~ 1101500 Y1326426 SEPT 2001 CHR 0.00 14.48 1020 588892 10/26/01 1292 MCI WORLDC-~4 5706450 Y1326426 SEPT 2001 CHR 0.00 13,31 1020 588692 10/26/01 1292 MCI WOP~ 6104800 Y1326426 SEPT 2001 CHR 0.00 8.10 1020 588892 10/26/01 1292 MCI WORLDCCt4 5606620 Y1326426 SEPT 2001 CHR 0.00 31.23 1020 588892 10/26/01 12~2 MCI #ORLDC0f4 1108602 Y1326426 SEPT 2001 CHR 0.00 9.48 1020 588892 10/26/01 1292 MC! WOELDCO~4 1108503 Y1326426 SEPT 2001 CHR O.O0 44.67 1020 588892 10/26/01 1292 MCI WORLDCOf4 1108501 Y1326426 SEPT 2001 CHR 0.00 19,30 1020 588892 10/26/01 1292 MCI WOELD~ 1108001 Y1326426 SEPT 2001 CHR 0.00 51.40 1020 588892 10/26/01 1292 MCI MOi~LDC~ 1107501 Y1326426 SEPT 2001 CHH 0.00 33.28 1020 586892 10/26/01 1292 MCI WORLDC0~ 1107201 Y1326426 SEPT2001 CHR 0.00 35.17 1020 588892 10/26/01 1292 MCI MORLDC~ 1106500 Y1326426 SEPT 2001 CHR 0.00 16,50 1020 588892 10/26/01 1292 MCI WORLDC0f4 1106265 Y1325426 SEPT 2001 CHR 0.00 55.59 1020 588892 10/26/01 1292 MCI NORLDCOf4 1106100 Y1326426 SEPT 2001 CHR 0.00 ?,30 1020 588892 10/26/01 1292 MCI NORLDCCf4 1104530 Y1325426 SEPT 2001 CHR 0.00 48.98 1020 588892 10/26/01 1292 MCI MORLDC0~ 1104510 Y1326426 SEPT 2001 ~ 0.00 18,60 R~ DATE 10/25/01 TI~ 09:15:44 - FINANCIAL ACCOIH~TING 10/25/01 CITY OF CUPERTINO PP~E 6 ACCOO~fINO PERIOD: 4/02 ~CK!~J~ISTE~ * DISBURg~'~,'qT FUND CASH AC~T CH~CK NO ISSUE DT .............. VENDOR ............. F~/DEPT ..... DESCRIPTION ...... S~T~ES TAX 1020 588892 10/26/01 1292 MCI WORLDCOM 1104400 Y1326426 SEPT 2001 CH~ 0.00 5.59 1020 588892 10/26/01 1292 MCI WOPJ~ 1104100 Y1326426 SEPT 2001 CHR 0.00 26.32 1020 588892 10/26/01 1292 MCI WOP. LDC0~ 1103500 Y1326426 SEPT 2001 CH~ 0.00 11.03 TOTAL C~CK 0,00 510.02 1020 588893 10/26/01 M M~0N, DENISE 580 Refund: Check - FALL. 0.00 20.00 1020 588894 10/26/01 820 MILLS-PENINSULA ~EALTH S 1104510 11/01/01-10/31/02 0.00 540.00 1020 588895 10/26/01 940 MILPIT~,~ MO~ERS INC 6308840 E~PAIRS P.O.18442 0.00 87.98 1020 588896 10/26/01 444 MINT~'S L~ER 1108314 SUPPLIES/PARTS P.0.154 0.00 59.10 1020 888897 10/26/01 455 HEATHER MOLL 5806249 SERVICE AGRSE~ENT FOR 0.00 44.00 1020 588896 10/26/01 2519 ~Z ~S CO. 8506549 TI~/~JA~RZ~JaS 0.00 306.86 1020 588899 10/26/01 465 MO~AIN VIEN G~N C~q 1108314 FY 2001-2~02 OPEN PURC 0.00 174.99 1020 888899 10/26/01 465 MOONTAIN VIEN ~A~EN CEN 1108303 FY 2001-2002 OPEN P~C 0.00 94.93 1020 588899 10/26/01 465 MOUNTAIN VIEW GARDEN CEN 1108314 FY 2001-2002 OPEN PURC 0.00 110.05 TOTAL CHECK 0.00 379.97 1020 588900 10/26/01 466 MPA DESI(~q 4209119 SERVICE A~I~EE~NT FOR 0.00 3009.59 1020 888901 10/26/01 2281 MURPHY, MCNAY & DAVIS,LL 2507304 LEGAL 8/01-8/31/2001 0.00 3914.76 1020 588902 10/26/01 M M~TIFFo MICHAEL 580 Refund: Check - FA~L. 0.00 10.00 1020 588903 10/26/01 302 NATI0~AL DEFERRED CO~4~B~q 110 *NAT'L DEF 0.00 15837.84 1020 888904 10/26/01 485 ~ T~FIC SI(~S 2708405 FY 2001-2002 OPEN P~C 0.00 110.00 1020 588904 10/26/01 485 NEWMAN TRAFFIC SIG~S 2708405 FY 2001-2002 OPEN P~C 0.00 323.00 1020 588904 10/26/01 485 N~ T~FIC SI(~qS 2708405 FY 2001-2002 OPEN P~C 0.00 322.76 TOTAL CHECK 0.00 755.76 1020 588905 10/26/01 2488 NORTI~ WEST 6308840 PARTS/SUPPLIES P.0.154 0.00 252.59 1020 588906 10/26/01 494 OFFIC~ DEPOT C~DIT PLaN 1101500 SUPPLIES 0.00 71.40 1020 888907 10/26/01 498 OFFICE ~LPE~ 1104300 FY 2001-2002 OPeN P~C 0.00 373.70 1020 588908 10/26/01 501 OPIATING ~ZNE~P~ 93 110 ONIO~DUES 0.00 575.57 1020 588909 10/26/01 1220 ORCP. A~D SUPpLy HA~ARE 1108501 PARTS/SUPPLIES 0.00 18.76 1020 588909 10/26/01 1220 ORCHA~ SUPPLY ~ 1108507 PARTS/SUPPLIES 0.00 116.51 1020 588909 10/26/01 1220 ORCHA~ S~PLy ~A~ 1108314 PARTS/SUPPLIES 0.00 112.57 1020 588909 10/26/01 1220 OR(~ SUPPLY HA~ 1108503 PARTS/SUPPLIES 0.00 77.45 1020 508909 10/26/01 1220 0R(~RDSUPPLY HA~D~A~ 1100830 ON-TIMEDISCOU~T 5/26 0.00 -7.94 1020 588909 10/26/01 1220 ORCHARD SUPPLY HA~U)WARE 1108501 PARTS/SUPPLIES 0.00 83.50 1020 588909 10/26/01 1220 O~CHARD SUPPLy ~MUY~A~E 1108830 PARTS/SUPPLIES 0.00 162.25 TOTAL CH~CK 0.00 563.20 R~ DAT~ 10/25/01 TIWE 09:15:45 - FINANCIAL ACCCK~TING 10/25/01 CZTY OF CUPER?INO PAGE 7 ACCOUNTING pERIOD: 4/02 ~CK REGISTER - DISEURS~MENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 2708405 PARTS/SUPPLIES P.0.153 0.00 272.88 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 1108407 PARTS/SUPPLIES P.O.103 0.00 25.88 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 1108409 PARTS/SUPPLIES P.O.224 0.00 8.09 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWAR~ 5706450 PARTS/SUPPLIES P.0.217 0.00 18.62 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 6308840 PARTS/SUPPLIES P.O.153 0.00 100.79 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDNARE 1108314 PARTS/SUPPLIES P.O.153 0.00 71.26 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 1108312 PARTS/SUPPLIES P.0.224 0.00' 52.32 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWAR~ 1108314 PARTS/SUPPLIES P.O.153 0.00 496.13 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 1108312 PARTS/SUPPLIES P.O.224 0.00 36.03 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWARE 2708404 PARTS/SUPPLIES P.O.236 0.00 28.31 1020 588910 10/26/01 981 ORCHARD SUPPLY HARDWAR~ 1108409 PARTS/SUPPLIES P.O.224 0.00 49.04 TOTAL CHECK 0.00 1159.35 1020 588911 10/26/01 505 ORLANDI TRAILER 6308840 PARTS/SUPPLIES P.0.154 0.00 291.76 1020 588912 10/26/01 507 DAN OSBORN~ DBA:OSBORR~ 1108303 TI~/Mk'I'~KIALS 0.00 687.25 1020 588912 10/26/01 507 DAN OSBORNE DBA:OSBORNE 1108303 TI~/MATERIALS 0.00 485.00 TOTAL CHECK 0.00 1172.25 1020 588913 10/26/01 833 P E R S 110 PEPS SPEC 0.00 174.11 1020 588913 10/26/01 833 P E R S 110 PERS BUYBK 0.00 37.52 1020 588913 10/26/01 833 P E R S 110 PERS ~4PLY 0.00 23813.97 1020 588913 10/26/01 833 P E R S 110 *P~RS BYBK 0.00 269.95 1020 598913 10/26/01 833 P E R S 110 *PEPS BYBK 0.00 451.12 1020 568913 10/26/01 833 P E R S 110 PEPS 1959 0.00 111.60 TOTAL CHECK 0.00 24858.27 1020 588914 10/26/01 511 PACIFIC BELL 1]08503 SERV 10/6-11/7 0.00 247.56 1020 588914 10/26/01 511 PACIFIC BELL 5708510 SERV 10/6-11/7 0.00 247.56 1020 588914 10/26/01 511 PACIFIC BELL 1108501 SSRV 10/6-11/7 0.00 90.32 1020 588914 10/26/01 511 PACIFIC BELL 1108504 SERV 10/6-11/7 0.00 495.14 1020 588914 10/26/01 511 PACIFIC BELL 5606620 SSRV 10/7-11/6 0.00 90.32 1020 588914 10/26/01 511 PACIFIC BELL 1108503 SERV 10/7-11/6 0.00 90.32 1020 588914 10/26/01 511 PACIFIC B~LL 5708510 SERV 10/7-11/6 0.00 90.32 1020 588914 10/26/01 511 PACIFIC BELL 1108505 SERV 10/7-11/6 0.00 90.32 1020 588914 10/26/01 511 PACIFIC BELL 1108504 SERV 10/7-11/6 0.00 90.32 1020 588914 10/26/01 511 PACIFIC BELL 1108501 EERV 10/6-11/7 0.00 247.56 1020 588914 10/26/01 511 PACIFIC BELL 1108505 SERV 10/6-11/7 0.00 247.86 1020 588914 10/26/01 511 PACIFIC BELL 1101500 SERV 10/6-11/7 0.00 247.56 1020 588914 10/26/01 511 PACIFIC B~LL 1101500 S~RV 10/7-11/6 0.00 90.33 1020 588914 10/26/01 511 PACIFIC BEL~ 1108501 SERV 10/7-11/6 0.00 90.32 TOTAL CHECK 0.00 2455.51 1020 588915 10/26/01 1039 PACIFIC COAST FLAG 1108501 SUPPLIES 0.00 206.39 1020 588915 10/26/01 1039 PACIFIC COAST FLAG 1109303 SUPPLIES 0.00 129.60 TOTAL CHECK 0.00 335.99 1020 588916 10/26/01 M PALMIOTTO, CHRISTINE 580 Refund: Check - FALL. 0.00 55.00 1020 588917 10/26/01 1952 PAPA 1108201 MBRSHP DUES 13 ~ERS 0.00 390.00 DATE 10/25/01 TIM~ 09:15:46 - FII~qNCIAL ACCOUNTING 10/25/01 CITY OF CUPERTINO PA~E 8 ACCOU~TING PERIOD: 4/02 CHECK REGISTER - DISBURSEMEFf FUND SELECTION CRITERIA: trans&c~.=ran~_date be=ween "10/22/2001# and #10/26/2001u ~ - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FU-ND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588918 10/26/01 1952 PAPA 1108201 SPRAY S~TR 8 ATTENDEES 0.00 440.00 1020 588919 10/26/01 M pARK, CHERYL 680 Ref~u~d: Check - FALL. 0.00 47.00 1020 588920 10/26/01 526 PENINSULA DIGITAL IMAGIN 1100000 COLOR MAP 0.00 123.66 1020 588920 10/26/01 526 PENINSULA DIGITAL IMAGIN 110 MYLAR/LARGE FORMAT COP 0.'00 173.66 1020 588920 10/26/01 526 PENINSULA DIGITAL IMAGIN 4239222 LIBRARy PLANS 0.00 151.83 1020 588920 10/26/01 526 PENINSULA DIGITAL IMAGIN 2709430 BOND COPY LARGE FORMAT 0.00 207.36 1020 588920 10/26/01 526 PENINSULA DIGITAL IMAGIN 2709431 PLAN COPIES 0.00 46.17 1020 588920 10/26/01 526 PENINSULA DIGITAL IMAGIN 4239222 LRGE FORMAT MYLAR 0.00 42.77 TOTAL CH~CK 0.00 745.45 1020 588921 10/26/01 533 pERS LONG TERM CARE PROG 110 PERS LTC/#2405 0.00 262.16 1020 588922 10/26/01 537 PETPRO PRODUCTS INC 1108303 FY 2001-2002 OPEN PURC 0.00 818.43 1020 588922 10/26/01 537 PETPRO PRODUCTS INC 1106314 FY 2001-2002 OPEN PURC 0.00 818.42 1020 588922 10/26/01 537 pETPRO PRODUCTS INC 1108302 FY 2001-2002 OPEN PURC 0.00 818.43 1020 588922 10/26/01 537 PETPRO PRODUCTS INC 1108315 FY 2001-2002 OPEN P~C 0.00 818.42 TOTAL CHECK 0.00 3273.70 1020 588923 10/26/01 M PICKEN, JOAN 580 Refuted= Check - Client 0.00 300.00 1020 588924 10/26/01 1456 pITNEy BOWES INC 1106201 MAINTENANCE & USAGE 0.00 126.96 1020 588925 10/26/01 546 pITNEY BOWES INC 1104310 FY 2001-2002 OPEN PURC 0.00 408.56 1020 588926 10/26/01 M PO~IERo AG~ES 580 Refund: Check - Rental 0.00 100.00 1020 888927 10/26/01 M2002 PUCKETT, RONALDG. 110 ENFO ~q~USED LEGAL DPST 0.00 200.00 1020 588928 10/26/01 2418 R & R PRINT SENVICES 5806549 PRINTING AND DISTRIBUT 0.00 4128.25 1020 588929 10/26/01 2332 I~EHTAL SERVICE CORP. 5606640 SUPPLIES P.O.22472 0.00 53.30 1020 588930 10/26/01 M ROSLU~D, KATHY 580 Refund: Check - FALL. 0.00 15.00 1020 588931 10/26/01 599 ROSS RECREATION EQUII~N 1108314 PARTS P.O.15364 0.00 463.60 1020 588932 10/26/01 2043 RUDE~S PEET MANAGEMENT 1108312 TI~/MATERIALS 0.00 400.00 1020 588933 10/26/01 M2002 SAN#ARG RESTAURANT 110 REFDUNUSND LEGAL DPST 0.00 132.74 1020 888934 10/26/01 633 SANTA CLARA CO~TI"f SH~RI 1106248 MOON FESTIVA~ 0.00 ' 1268.35 1020 588934 10/26/01 633 SANTA CLARA CULq~TY SHERI 1108601 TRNMT OF BNDS 10/13/01 0.00 2053.00 TOTAL C~I~CK 0.00 3321.35 1020 588935 10/26/01 1648 SAVINCORPORATION (SUPPL 1104310 COPIER TONER 0.00 37.70 1020 588936 10/26/01 2397 SAVIN CREDIT CORPORATION 1104310 #41626657000 NOV 2001 0.00 137.54 DATE 10/25/01 TI~ 09:15:46 - FINANCIAL ACCO~HTTNO 10/25/01 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD= 4/02 CHECK P. EGIST~ - DISBOR$1~NT FUND F~ - 110 - GENERAL FOND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOONT 1020 588937 10/26/01 M SAXENA, SHISHIR 580 Refund: Check - FALL, 0.00 67.00 1020 588938 10/28/01 M SC~OEDEN, HAROLD 580 Refund: Check - FALL, 0.00 25.00 1020 588939 10/26/01 2453 SING TAO DAILY 1104510 DSPT CITY ENG / 3 DAYS 0.00 252.00 1020 588940 10/26/01 M SI~SYPE~, JOE 580 Ref~lnd: Check - FALL. 0.00 20.00 1020 588941 10/26/01 1954 SPHERION CORPORATION 1108101 S.SUTHN/E 9/30/01 0.00 815.63 1020 588941 10/26/01 1954 SPH~RION CORPORATION 1108101 S.SUTH N/E 9/23/01 0.00 554.63 1020 588942 10/26/01 677 STATE STI~ET BANK & T~US 110 *PE~ DSF 0.00 2261.79 1020 588943 10/26/01 1825 SUPERIOR FRICTION 6308840 PA~TS/SUPPLIES P.0.154 0.00 345.35 1020 588944 10/26/01 M TAAM, ALICIA 580 Refund: Check - Ren=al 0.00 100.00 1020 588945 10/26/01 M TARATARAI, ALI 580 Refund= Check - FALL. 0.00 18.00 1020 588946 10/26/01 696 TADCO SUPPLY 1108315 FY 2001-2002 OPEN PURe 0.00 158.13 1020 588946 10/26/01 696 T~)CO SUPPLY 1108314 FY 2001-2002 OPEN ~JRC 0.00 85.15 1020 588948 10/26/01 696 TA/~ SUPPLY 1108315 FY 2001-2002 OPEN P~C 0.00 85.15 '1020 588946 10/26/01 696 TADCO SUPPLY 1108302 FY 2001-2002 OPER PU~C 0.00 158.14 1020 588946 10/26/01 696 TADCO SUPPLY 1108303 FY 2001-2002 OPEN PU~C 0.00 158.14 1020 588946 10/26/01 696 TA/~ S~PLY 1108314 FY 2001-2002 OPEN P~C 0.00 158.14 1020 588946 10/26/01 696 TADCO SUPPLY 1108312 FY 2001-2002 OPEN P~C 0.00 85.15 1020 588946 10/26/01 896 TADCO SUPPLY 1108504 PARTS/SUPPLIES 0.00 39.42 1020 588946 10/26/01 896 T~)CO SUPPLY 1108321 FY 2001-2002 OPER ~C 0.00 158.13 1020 588946 10/26/01 696 TADCO SUPPLY 1108321 FY 2001-2002 OPEN PURC 0.00 85.15 1020 588946 10/26/01 896 TADCO SUPPLY 1108302 FY 2001-2002 OP~q PU~C 0.00 85.15 1020 588946 10/26/01 696 T/M)CO SUPPLY 1108505 P~RTS/S~PLIES 0.00 39.42 1020 588946 10/26/01 696 TADC0 SUPPLY 1108303 FY 2001-2002 OPEN PU~C 0.00 85.15 1020 580948 10/26/01 696 T~ SUPPLY 1108312 FY 2001-2002 OPEN P~C 0.00 159.14 TOTAL C~ON 0.00 1838.56 1020 588947 10/26/01 700 TARGET SPECIALTY FRODUCT 1108312 FY 2001-2002 OPEN PU~C 0.00 2438.64 1020 588947 10/26/01 700 TAR. GET SPECIALTY PRODUCT 1108303 FY 2001-2002 OPEN PURC 0.00 120.26 1020 588947 10/26/01 700 TARGET SPECIALTY PRODUCT 1108315 FY 2001-2002 OPEN PURC 0.00 120.25 1020 588947 10/26/01 700 TARGET SPECIALTY PRODUCT 1108407 FY 2001-2002 OPEN PURC 0.00 1168.85 1020 588947 10/26/01 700' TARGET SPECIALTY PRODUCT 1108314 FY 2001-2002 OPEN PURC 0.00 120.26 1020 588947 10/26/01 700 TARGET SPECIALTY PRODUCT 1108312 FY 2001-2002 OPEN PURC 0.00 120.26 1020 588947 10/26/01 700 TARGET SPECIALTY PRODUCT 1108303 FY 2001-2002 OPEN PURC 0.00 47.63 TOTAL CHECK 0.00 4136.15 '1020 588948 10/26/01 701 T$~RGET STORES 1101000 SUPPLIES P.O.16782 0.00 219.56 1020 588948 10/26/01 701 TARGET STOI~S 5806349 SUPPLIES P.O.23832 0.00 47.48 1020 588948 10/26/01 701 TARGET STOP, ES 1101000 SUPPLIES P.0.16900 0.00 23.18 TOTAL(~EON 0.00 290.22 1020 588949 10/26/01 1013 TAX COT~CTOR 1108001 S~CPROPERTYTAX2001/ 0.00 337.12 RON DATE 10/25/01 TIME 09:15:47 - FINANCIAL ACCO~TING 10/25/01 CITY OF CUPERTINO PAGE 10 ACCOUNTING I~RIOD: 4/02 CHECK RRGISTER - DISBURSI;NENT FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588980 10/26/01 1013 TAX COLL~C~R 1108001 SEC PROP T~X 2001/2002 0.00 324.78 1020 588951 10/26/01 1763 THEATERFUN INC 5906349 SERVICE AGREEMENT FOR 0.00 1449.00 1020 588952 10/26/01 M TING, 013Dy 880 Refund: Check- FALL. 0.00 16.00 1020 588983 10/26/01 M2002 TO(~TTI, PAUL 1108201 ~]~J~MINATION FEE 0.00 25.00 1020 588954 10/26/01 M T0~IOKO, ICHIRO 580 Reftuld: Check - FALL. 0.00 15.00 1020 588955 10/26/01 2370 %'OYOTA MOTOR CREDIT CORP 6308840 V#JT3GS10V7W0001444 0.00 5832.00 1020 688985 10/26/01 2370 TOYOTA MOTOR C~DIT CORP 6308840 V#~T3GS10V1W0001424 0.00 5832.00. 1020 888955 10/26/01 2370 TOYOTA MOTOR CREDIT CORP 6308840 V#~T3GS10V9W0001431 0.00 5832.00 ~DT~J~ CH~CK 0.00 17498.00 1020 586956 10/26/01 1851 TRANSC~ USA 6308840 SUPPLIES P.0.23694 0.00 20.90 1020 588967 10/26/01 M TRASK, MARSHA 580 Refu~: Check - FA~. 0.00 20.00 1020 588988 10/26/01 1993 ~ OF ALA~DA COU 110 A LOPEZ OR 566398126 0.00 161.54 1020 588959 10/26/01 1154 I]NITED WAY OF SANTA CL~R 110 UNITED HAY 0.00 139.25 1020 588960 10/26/01 738 V~T.T.~ OIL C091P~'Y 6308840 PAMTS/SUPPLIRS 0.00 655.56 1020 588961 10/26/01 M VALTANEN, ARI 580 Refund.' Check - FALL # 0.00 20.00 1020 588962 10/26/01 M WAKIMOTO, MIYOKO 580 Refund: Check- FALL. 0.00 10.00 1020 588963 10/26/01 M HA~, ]~JDREY 580 Refund: Check - FALL. 0.00 30.00 1020 588964 10/26/01 M t~ERNSR, MANFRED 580 Refund: Check - F~J~L, 0.00 10.00 1020 588965 10/26/01 779 tEST-LITE SUPPLY CO INC 5708510 PARTS/SUPPLIES 0.00 84.30 lO20 S88965 10/26/01 779 WEST-LITE SUPPLY CO INC 1108503 P~TS/SUPPLIES 0.00 84.30 1020 588965 10/26/01 779 WEST-LITE SUPPLY CO INC 1108501 P~RTS/SUPPLIES 0.00 94.31 1020 588965 10/26/01 779 tEST-LITE SUPPLy CO INC 1108507 PARTS/SUPPLIES 0.00 84.31 TOTAL CHECK 0.00 337.22 1020 588966 10/26/01 774' tESTERN HIGHWAY PRODUCTS 2708405 FY 2001-2002 OPEN PURC 0.00 453.60 1020 588966 10/26/01 774 HF~TER~ HTGH~AY PRODUCTS 2708405 FY 2001-2002 OPEN P~C 0.00 743.58 1020 588966 10/26/01 774 ~ESTEWE HIOH~Ay PRODUCTS 2708405 FY 2001-2002 OPEN P~C 0.00 19.76 1020 588966 1~/26/01 774 tESTEI~N HIGH~Ay PRODUCTS 2709405 FY 2001-2002 OPEN PURC 0.00 506.25 TOTAL CHECK 0.00 1723.19 1020 588967 10/26/01 951 HOOLNGRTH N~ERy 1108303 SUPPLIES P.O. 15466 0.00 175.80 1020 588968 10/26/01 794 XEROX CORPORATION 1104310 FY 2001-2002 OPEN PURC 0.00 1483.34 1020 588969 10/26/01 2000 XPBCT FIRST ~/D 5708510 FIRST AID SUPPLIES 0.00 24.03 RON DATE 10/25/01 TIWE 09:15:48 - FINANCIAL ACCODNTING . 10/25/01 CITY OF CUPERTINO PAGE 11 ACCOtINTING PERIOD: 4/02 CHECK P. EGISTER - DISBURSEMENT ~ SELECTION CRITERIA: traneact.trans_date between "10/22/2001' and "10/26/2001' FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SAL~S TAX AMOUNT 1020 S88969 10/26/01 2000 XPECT FIRST AID 1108503 FIRST AID SUPPLIES 0.00 169.07 1020 588969 10/26/01 2000 XPECT FIRST AID 1108511 FIRST AID SUPPLIES 0.00 118.63 TOTAL CHECK 0.00 311.73 1020 S88970 10/26/01 1081 YNiAGAMI'S NURSERY 1108303 SUPPLIES P.0.15439 0.00 254.69 1020 588970 10/26/01 1081 YAMAGAMI ' S NURSERY 1108303 SUPPLIES P.O. 15465 0.00 331.02 DATE 10/25/01 TI~ 09:15:48 - FINANCIAL ACCOI~iTING RESOLUTION NO. Ol-231 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 NOVEMBER 02, 2001 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 thc City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: irector of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th ,day of November ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11/02/01 CITY OF CUPERTINO PAGE 1 ACCO~II~ PERIOD: 5/02 CHECK P~GISTER - DISB~E~ F~ FI]ND - 110 - GENERAL FUND CASH ACCTCHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588972 11/02/01 1695 3M 2708405 SUPPLIES P.0.15450 0.00 107.61 1020 588972 11/02/01 1695 3M 2700405 SUPPLIES P.O.15450 0,00 437.40 1020 588972 11/02/01 1695 3M 2708405 SUPPLIES P.0.15450 0.00 52.93 ~Y~T~.L CI~CK 0.00 897.94 1020 588973 11/02/01 M2002 ABt~gDAHT LIFE ASSE~LY O 110 REFD DlIUSED ARCHITECT 0=00 120.00 1020 588974 11/02/01 916 A~MOWORLDTRAFELAND T 5506549 RIVER DARGE 1/28-2/04/ 0.00 43720.00 1020 588975 11/02/01 2276 ~ 1104510 EMPLOYEE WATER 0.00 225.50 1020 588976 11/02/01 2319 ALL CITY MAIgXGE~4ENT SERV 1108201 PUBLIC WORKS CONTRACT 0.00 7487.40 1020 588977 11/02/01 36 ~T$,~"S PRESS CLIPPING 1103300 PI~SS CLIPPINGS OCT200 0.00 36.00 1020 588978 11/02/01 2501 AT&TBROADBAND 1106500 11/1-11/30 0.00 4.84 1020 500978 11/02/01 2501 AT&T BROAD~%I~D 1103300 11/1-11/30 0.00 14.53 TOTAL C]3~CK 0.00 19.37 1020 588979 11/02/01 960 ~ AUTO PARTS 6308040 FY 2001-2002 OPEN PURC 0.00 05.32 1020 588979 11/02/01 966 BA~ AOT0 PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 24.43 1020 588979 11/02/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 166.99 1020 588979 11/02/01 968 RAP Ab"TO PAINTS 6308840 P"f 2001-2002 OPEN P~C 0.00 27.76 1020 588979 11/02/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN P~C 0.00 16.96 1020 588979 11/02/01 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 64.71 TOTAL C~CK 0.00 386.17 ~020 588980 11/02/01 M2002 BARTH, SHARON 5506549 TEACH COOKING 0.00 120.00 1020 588981 11/02/01 88 BAY AREA SHELVIN~ INC 1108504 WORkbENCH 0.00 179.44 1020 588981 11/02/01 88 BAy J~ SRELVING INC 1108314 WORI(BENCH 0.00 179.44 1020 588981 11/02/01 88 BAY J~q~ASHELVING INC 1108407 WORKBENCH 0.00 179.44 1020 588981 11/02/01 88 BAY AREA SHELVING INC 2708405 PARTS/SUPPLIES P.0.154 0.00 513.65 1020 888981 11/02/01 08 BAY AREA SHELVING INC 1108803 WORKBENCH 0.00 909.27 1020 588981 11/02/01 88 BAY Zd~EA SRELVING INC 1108501 NGRI(~ENCH 0.00 183.03 1020 588981 11/02/01 88 BAY APdA SHELVING INC 1108312 WORKBENCH 0.00 179.46 TOTAL CH~CK 0.00 2323.73 1020 588982 11/02/01 96 BLACHMOIH~TAIN SPRING WA 5606620 ENPLOYEE WA~ SERVICE 0.00 97.22 1020 588983 11/o2/01 116' BONCO Zl~FERI(ATIONAL INC 5606640 FREI(3HTo SHIPPING 2~ 0.00 296,00 1020 508983 11/02/01 116 BURC0 INTERNATIONAL INC 5606640 4.75 X 6.5 GOLF COURSE · 0.00 1800.00 TOTAL CHECK 0.00 2096.00 1020 588984 11/02/01 130 C]~LIFORNIA PARK AND RECH 5606600 #027899 J.STONE RENEWA 0.00 140.'00 1020 588984 11/02/01 130 CALIFORNIA PARK~/qDRECR 5606600 #100159 R.EARNSHAWREN 0.00 145.00 TOTAL CHECK 0.00 285.00 1020 588985 11/02/01 124 CALZFOR,NIJ% SAFETY AND SU 6308840 SUPPLIES P.0.15459 0.00 133.51 1020 588986 11/02/01 2138 CALPELRA 1104510 PEG FER FOR S~NDY ABE 0.00 575.00 RU~ DATE 11/02/01 TZM~ 16:40:41 - FINANCIAL ACCOI]~TING 11/02/01 CITY OF CUPERTINO PAGE 2 &CCOUNTIN~ PERTOD: 5/02 CHECK P.~G~STER - DI~RUR~M~NT FUND SELECTION CRI'r~ZA: ~ransac~.trans_da~e between ,10/29/2001, and "11/02/2001# CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588987 11/02/01 2137 CARL & M~NOHADVERTISING 5208003 2002 BAYROC C~MPAIGNS 0.00 S00.00 1020 588988 11/02/01 146 CASH 5806449 pETTY CASH 9/24-10/23 0.00 17.78 1020 588988 11/02/01 146 CASH S806349 PETTY CASH 9/24-10/23 0.00 96.57 1020 588988 11/02/01 146 CASH 1106647 pETTY C~SH 9/24-10/23 0.00 54.65 1020 588988 11/02/01 146 CASH 1106343 P~'~H CASH 9/24-10/23 0.00 37.00 1020 508988 11/02/01 146 CASH 5806249 ~m'~ CASH 9/24-10/23 0.00 27.09 TOTAL CHECK 0.00 233.09 1020 588989 11/02/01 147 CASH 5506549 PETTY CASH 10/09-10/25 0.00 38.80 1020 588989 11/02/01 147 CASH 1106500 Pm~-&~ CASH 10/09-10/25 0.00 69.82 1020 588989 11/02/01 147 CASH 5506~49 P~I~&~ CASH 10/09-10/2~ 0.00 135.23 1020 588989 11/02/01 147 CASH 8506549 PETTY CASH 10/09-10/25 0.00 12.69 TOTAL CH~CK 0.00 256.54 1020 588990 11/02/01 148 C~H 1108314 PETTY C~SH 10/23-10/30 0.00 38.70 1020 588990 11/02/01 148 CASH 6308840 PETTY CASH 10/23-10/30 0.00 50.00 1020 588990 11/02/01 148 CASH 1108201 PETTY CASH 10/23-10/30 0.00 15.00 1020 588990 11/02/01 148 CASH 1108201 PETTY CASH 10/23-10/30 0.00 32.13 1020 588990 11/02/01 148 CASH 6308840 PETTY CASH 10/23-10/30 0.00 34.39 TOTAL CHECK 0.00 170.22 1020 588991 11/02/01 149 C~SH 1104400 ~=~-~ CASH 10/16-10/31 0.00 75.66 1020 588991 11/02/01 149 CASH 1104300 PETTY CASH 10/16-10/31 0.00 44.00 1020 588991 11/02/01 149 CASH 1101201 PETTY CASH 10/16-10/31 0.00 2.15 1020 588991 11/02/01 149 CASH 1103500 PETTY CR~H 10/16-10/31 0.00 21.59 1020 588991 11/02/01 149 CASH 1101000 PETTY CASH 10/16-10/31 0.00 2.80 1020 588991 11/02/01 149 CASH 4239222 ~-~u'! C~H 10/16-10/31 0.00 5.00 1020 588991 11/02/01 149 CASH 1108601 P~£~ CASH 10/16-10/31 0.00 4.58 1020 S88991 '11/02/01 149 CASH 1108101 PETTY CASH 10/16-10/31 0.00 11.00 1020 588991 11/02/01 149 CASH 1107501 ~&'f C~SH 10/15-10/31 0.00 28.06 1020 588991 11/02/01 149 CASH 1107405 pETTY CASH 10/16-10/31 0.00 43.16 1020 588991 11/02/01 149 CASH 1106~00 ~'~-~'x. CASH 10/16-10/31 0.00 35.29 TOTAL CHECK 0.00 274.29 1020 588992 11/02/01 2125 CASHIER-DEPT OP PESTICID 1108407 LICENSE ~ C. MABUTA 0.00 30.00 1020 588992 11/02/01 2125 C~SHIER-DEPT OF PESTICID 1108408 LICENS~ RI~W~J. R~CORD 0.00 30.00 TOTAL CHECK 0.00 60.00 1020 588993 11/02/01 21~5 CASHIEH-DEPT OP P~STICID 1108407 LICENSE RNWL K. WOLFE 0.00 30.00 1020 ~88994 11/02/01 155 C~NTRAL ~HOLESALE NURSER 1108312 SUPPLIES P.0.15469 0.00 99.36 1020 588995 11/02/01 2258 CLARK PRECISION SHEET ~ 6308840 TI~/MATERIALS 0.00 648.00 1020 588896 11/02/01 178 COLONIAL LIFE & ACCIDENT 110 PR~Mi-u~NOV2001 0.00 66.75 1020 588997 11/02/01 1293 COSM0 J~]~P 5606620 RENTAL 9/15/01 0.00 300.00 1020 588998 11/02/01 183 COTTO~ SHIRES &ASSO IN 110 R16679 GEOLOGIC REVIEW 0.00 525.00 HUN DATE 11/02/01 TI)~ 16=40:42 - FINANCIAL ACCOUTRING 11/02/01 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 5/02 CHECK RF~IETER - DIEBURSIDJENT FUND SELECTION CRITERIA: =ransac~.=rans_date between -10/29/2001" and "11/02/2001" FOND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FG~D/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 588999 11/02/01 1312 COIRT~RY CLUB CAR WASH 6308840 VEHICLE CAR NASR 9/27 0.00 125.00 1020 589000 11/02/01 191 CUPERTINO ~ER OF COM 5606640 ADVERTISEMENT 0.00 139.00 1020 589001 11/02/01 194 CUPERTINO SUPPLY INC 2708403 SUPPLIES 0.00 126.17 ' 1020 589001 11/02/01 194 CUPERTINO SUPPLY INC 5606640 FY 2001-2002 OPEN PURC 0.00 120.94 TOTAL C~CK 0.00 247.11 1020 589002 11/02/01 197 CUPERTINO TO~N CENTER 1101500 LEASE AG~ FOR OF 0.00 4112.00 1020 589003 11/02/01 1034 DAILY JOURNAL CORPORATIO 1101500 NORTHERN CA COURT RULE 0.00 255.00 1020 589003 11/02/01 1034 DAILY J~ CORPORATIO 1101500 S. FRANCISCO DAILY JRNL 0.00 621.00 TOTAL CHECK 0.00 876.00 1020 589004 11/02/01 209 DE ANZA SERVICES INC 1108505 SPECIAL SERV 10/06 0.00 55.00 1020 589005 11/02/01 1104 DIVERSIFIED RISK 1104540 SPEC. EVENTS INSURANCE 0.00 235.53 1020 589006 11/02/01 222 DKS ASSOCIATES 2709447 SERVICE AGREEMENT FOR 0.00 3276.54 1020 589006 11/02/01 222 DK~ ASSOCIATES 2709438 My?,?.m~. AVE BIKE LANE P 0.00 400.00 1020 589006 11/02/01 222 DES ASSOCIATES 2709445 SERVICE AGREemenT FOR 0.00 3961.57 TOTAL CHECK 0.00 7638.11 1020 589007 11/02/01 1995 EDISON SELECT 5606620 ALARM 0.00 102.69 1020 589007 11/02/01 1995 EDISON SET.~CT 5606580 ALARM 0.00 102.21 1020 589007 11/02/01 1995 EDISON SELECT 5806620 ALARM 0.00 86.48 TOTAL CHECK 0.00 291.36 1020 589005 11/02/01 1912 ELESCO:].~,'~[qlRROERCY LIGHTIN 1108504 PASTS/SUPPLIES P.O.240 0.00 25.14 1020 589009 11/02/01 249 ESBRO CHEMICAL 5606620 FY 2001-2002 OPEN PURC 0.00 286.85. 1020 589010 11/02/01 251 EVANS ~EST V~T.'r.A-,g SPRAY 1108315 TURF SPRAYING CREEKSID 0.00 3000.00 1020 589010 11/02/01 251 EVANS ~ST VAT.T,~Y SPRAy 1108315 TURF SPRAYING JOLLYMAN 0.00 3000.00 TOTAL CHECK 0.00 6000.00 1020 589011 11/02/01 260 FEDERAL EXPRESS CORP 1194300 COURIER SERVICE 0.00 17.30 1020 589011 11/02/01 260 FEDERAL EXPRESS CORP 6104800 COURIER SERVICE 0.00 7.33 1020 589011 11/02/01 260 FEDERAL EXPRESS CORP 6104800 COURIER SERVICE 0.00 54,74 1020 589011 11/02/01 264 FEDERAL EXPRESS CORP 4239214 COUBI]~R SERVICE 0.00 14.96 TOTAL CHECK 0.00 94.33 1020 589012 11/02/01 2361 FIRST BANKCARD 1101200 JFK SCHOOL OF TOB EXC 0.00 350.00 1020 589012 11/02/01 2361 FIRST BANKCARD 1101200 AMERICAN AIRLINES 0.00 162.50 1020 589012 11/02/01 2361 FIRST BANKCARD 1101200 AMERICAN AIRLINES 0.00 162.50 TOTAL CHECK 0.00 675.00 1020 589013 11/02/01 2361 FIRST BANKCARD 5806249 OCT 2001 STATEMENT 0.00 298.33 1020 589013 11/02/01 2361 PIRST BANKCARD 6104800 OCT 2001 STATEMENT 0.00 133.33 1020 589013 11/02/01 2361 FIRST NEC 5806449 OCT 2001 STAT~NT 0.00 298.34 RUN DATE 11/02/01 TINE 16:40:43 - FINANCIAL ACCOEHTING ~/02/0~ ¢~TY OF CUPERTINO P~E 4 ~CCOU~T~NG PER~OD: 5~02 CH~CKR~ST~R - DISBURdeNmenT ~ ~0R0 S890~7 ~02~0L 28~ ~ 6308840 ~ 200~-2002 OP~ ~C 0.00 L2.L6 1020 589017 11/02/01 281 ~ 6308840 ~ 2001-2002 OP~ ~C 0.00 7.41 1020 589021 11/02/0Z 298 ~ Z~ 1108503 P~TS/~ZES 0.00 264.24 1020 589021 11/02/01 298 ~ ZNC 2708405 ~ 2001-2002 O~ ~C 0.00 105.84 ~T~ ~CK 0.00 2028.26 DATE 11/02/01 TZ~4~ 16:40:43 - F~IAL ACCOI.DITZNG 11/02/01 CITY OF CUPERTINO PAGE 5 ACCO~qT~ING PERIOD: 5/02 CH~CK R~GISTER - DISBURSEMENT FUND FUND - 110 - OE~ F~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FLUID/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 589022 11/02/01 2500 TERRy GP. BENE 4239222 P. EI~URS~V~NT OFFICE S 0.00 119.85 1020 589023 11/02/01 1158 GUN,OR PROD/I~TOR TRA 1103500 ANNUAL BI~ANKER LICENSE 0.00 499.00 1020 589024 11/02/01 315 JILL HAFF 5806449 SERVICE AGR~V~NT FOR 0.00 488.75 1020 589025 11/02/01 M~002 PJ~4 RADIO OU~-~T, INC. 1104400 PARTS/SUPPLIES P.O.165 0.00 101.41 1020 589026 11/02/01 328 LAUP~N HENSHA~L 5806449 SERVICE AGREEMENT FOR 0.00 69.00 1020 989027 11/02/01 1898 HORIZON 1108407 FY 2001-2002 OPEN PURC 0.00 433.10 1020 589027 11/02/01 1898 HORIZON 1108314 FY 2001-2002 OPEN PURC 0.00 1696.33 1020 589027 11/02/01 1898 HORIZON 1108314 FY 2001-2002 OPEN PURC 0.00 37.20 1020 589027 11/02/01 1698 HONIZON 1108316 FY 2001-2002 OPEN ~t~C 0.00 167.11 1020 589027 11/02/01 1898 HORIZON 1108314 FY 2001-2002 OPEN PURC 0.00 289.07 1020 589027 11/02/01 1898 HORIZON 5606640 PARTS/SUPPLIES P.0.169 0.00 167.81 1020 569027 11/02/01 1898 HORIZON 1106314 FY 2001-2002 OPEN P~C 0.00 181.15 1020 589027 11/02/01 1896 HORIZON 1108303 FY 2001-2002 OPEN PURC 0.00 289.07 TOTAL ~t~CK 0.00 3260.84 1020 589028 11/02/01 M2002 I A E I 1107501 J./~NTONUCCI #00012990 0.00 60.00 1020 589029 11/02/01 341 ICE C~ 5606449 SERVICE AGREEMENT FOR 0.00 2928.00 1020 589030 11/02/01 2528 INDOOR BILLBOARD 1108312 FY 2001-2002 OPEN PURC 0.00 117.52 1020 589030 11/02/01 2526 INDOOR BI~J~BOARD 1108302 FY 2001-2002 OPEN PURC 0.00 117.52 1020 509030 11/02/01 2528 INDOOR BILLBOARD 1108314 FY 2001-2002 OPEN PURC 0.00 117.52 1020 589030 11/02/01 2528 INDOOR BILLBOARD 1108303 FY 2001-2002 OPEN PURC 0.00 117.52 1020 589050 11/02/01 2928 INDOOR BILLBOARD 1108315 FY 2001-2002 OPEN P~C 0.00 117.52 TOTAL (~;CK 0.00 587.60 1020 589031 11/02/01 2524 J(~SON, MIKE 5506649 SO~D WIZ~S FOR D~C 0.00 300.00 1020 589032 11/02/01 369 KELLY-MOORE PAINT CO INC 1108314 PAINT SUPPLIES P.O.154 0.00 91.75 1020 589032 11/02/01 369 KELLy-MoOP.~ pAINT CO INC 1108504 pARTS/SUPFLZmS 0.00 152.83 1020 589032 11/02/01 369 KELLY-MOORE PAINT CO INC 1100507 PARTS/SUPPLIES 0.00 62.01 TOTAL C~CK 0.00 308.89 1020 589033 11/02/01 371 LISA KING 5806449 SERVICE AGREeMeNT FOR 0.00 877.25 1020 589034 11/02/01 M2002 KINOSHITA, SHIR~ LIN 1101042 S~'PPLIEN ARTISTS' P~CE 0.00 71.51 1020 589035 11/02/01 373 KIRK XPZDX 1104310 FY 2001-2002 OPEN PURC 0.00 634.S2 1020 589036 11/02/01 377 PETER KOEHLEH 5806249 SERVICE AGRE~M~I~IT FOR 0.00 136.50 1020 589037 11/02/01 M KOLOSOVA, OLEG 580 Refunc]: Check- FALL 1; 0.00 100.00 1020 589038 11/02/01 385 Z,AB SA~-.~-~' SUPPLY 6308840 SUppLIES I:40.15457 0.00 196.43 R~ DATB 11/02/01 TI~ 16:40=44 - FII~NCIAL ACCO~TING ~,/02/0]. CTTY OF CUPERTINO pAGE 6 ~.020 589044 1]./02/03. ].007 MAGIC GLO 5806349 SUPPLTES P.0.'16993. 0.00 209.89 3.020 589053 3.]./02/03. 466 MPA DI~STG~q 42091].9 SERVTCX AGR.EI~lqT FOR 0.00 5684.90 ].020 589054 3.3./02/03. M Men~.che].].~.o ImcO. da 550 Refund: Check - A_~.hr~. 0.00 20.00 3.020 589059 3.3./02/03. 3.358 NORTHERN TOOT. & E(~UTFMEN 8308840 PARTS/SUPpLTES P.0.3.54 0.00 307.33 1020 589060 11/02/01 2488 NORTRAX WEST 8308840 PARTS/SUPPT.ZES P.0.154 0.00 57.13 DATE 13./02/0'1 T'FME 16:40:45 - FTI(ANC~T., A. CCO-t.I~TTI~2 FUND o 110 - GENERA~ FT~D 1020 S8906L' ~/02/O~ 2206 O.K. F~ E~ ~ ~204400 ~PL~ 0.00 57.40 ~0~O S8~063 ~/02/02 493 O~ DE~ ~04400 ~IES O.00 225.58 2020 589063 ~L/02/0~ 493 OFF~ DE~ 1~04000 ~PLZ~ 0.00 25.32 L020 589063 ~/02/0~ 493 OFFI~ DE~ 580624~ ~ZES 0.00 2020 589063 1~/02/02 493 O~2~ DE~ 1106265 ~IES 0.00 63.20 1020 569063 2~/02/02 493 OFFZ~ D;~ 2104400 ~ZES 0.00 5~.82 1020 589063 11/02/01 493 O~Z~ ~ 1108101 ~Z~S 0.00 -5.63 1020 589063 ~2/02/0~ 493 0~ DE~ 1107503 S~I~ 0.00 2~.26 1020 589063 21/02/01 493 O~ DB~ 1Z045)0 ~P~ZES 0.00 225.99 1020 589063 21/02/01 493 O~l~ DE~ 1104510 ~2~S '0.00 ~94.~4 1020 589063 22/02/01 493 O~l~ DE~ 2204010 0.00 10.78 1020 589063 ~1/02/0~ 493 OFFZ~ DE~ ~08101 ~Z~ 0.00 ~5.~2 10. 589063 ~/02/01 493 O~ DE~ 11045~0 ~ 0.00 ~0.22 1020 589063 ~1/02/0~ 493 O~FZ~ DE~ 1101000 ~ISS 0.00 45.29 1020 ~89065 ~/02/02 507 ~ ~ ~:~ 1~0850~ TI~/~'~-~;~ 0.00 368.00 ~ ~ 0.00 2560.5~ 1020 5~9066 1Z/02/01 512 P~ZFIC ~ 6~04800 2N~TZ~ 0.00 2068.52 1020 589066 11/02/01 511 P~ZFZC ~;~,~- 6~04~00 S~ 10/7-~1/7 0.00 25~.94 1020 589066 11/02/02 511 P~IFZC ~ 1100502 S~ ~0/16-11/15 0.00 16.6~ ~ ~ 0.00 23~.09 1020 589067 11/02/01 2444 P~ZFIC ~ & ~,~[C ~1088~0 S~I~ ~ 10/~1 0.00 21720.54 1020 589068 Z2/02/01 5~3 P~IFIC ~ & ~IC ( 1108504 9/26-~0/25 0.00 8029.4~ 1020 589068 11/02/01 51~ ~IFIC ~ & ~2C { 1108602 9/19-10/17 0.00 1020 589068 11/02/01 51~ P~ZFZC ~ & ~ZC ( 5~08510 9/26-10/25 0.00 613~.58 1020' 589069 ~1/02/01 1952 P~A 1~08202 ~ 2000/01 R.WZ~ 0.00 1~ ~89070 21/02/01 1741 ~ ~[~ ~ ~104100 ~ 0.00 11/02/01 TINE 15:40:45 - -q7 11/02/01 CITY OF CUPERTINO P~G£ 8 FU~D - 110 - GEI~RAL FreD CASH ACCT CHECK 'NO ISSUE DT .............. VENDOR ............. F?..~D/DEPT ..... DESCRXPTZON ...... SALES ?/~X AMOUNT 1020 589091 11/02/01 526 PENINSULA DIGITAL ZMAGIN 2909443 LARGE FORMAT BO~D COPY 0.00 29.54 1020 589072 11/02/01 2526 PERFORMANCE PRODUCTS 1108503 P~TS/S~PLI~S 0.00 152.89 1020 ~89073 11/02/01 545 ~FF PIS~IO 5606640 ~ ~ ~ i 0.00 1844.00 1020 589074 11/02/01 2315 PZ~ I~IO~ 1106265 ~ S~ZE B ~ C 0.00 1259.70 1020 5890~5 11/02/01 1647 ~S~'z'~ 1103400 ~.S~ DEC,J~,~ 0.00 7594.50 1020 589076 11/02/01 2316 ~ H~SE E~ 1105312 P~TS/~u~LIES P.0.154 0.00 262.66 1020 ~89076 11/02/01 2316 ~ H~SE E~ 1108315 ~ ~CK 0.00 74~.66 1020 ~89077 11/02/01 2529 ~ ~ ~ SS06549 ~T ~INS 11/11-15 0.00 1249.00 1020 S89078 11/02/01 M ~I~, ~IDI 580 Reft: ~e~ - F~. 0.00 134.50 1020 ~89079 11/02/01 S60 ~IC D~ ~S~TI 1101000 F~ I~ ~I~ ~ 0.00 10465.00 1020 589080 11/02/01 2278 ~T.T.~, ~ 1104300 ~Z~ ~ ~ 0.0O 37.40' 1' 589080 11/02/01 2278 ~t~.c, ~ 1108001 ~I~ ~ ST~F 0.00 37.40 1~ 589080 11/02/01 2278 ~T.T.~, ~ 1107200 ~Z~ SR ~F 0.00 37.40 1020 S89080 11/02/01 2278 ~T~.~, ~ 4209118 ~~SE 0.00 90.71 1020 ~89080 11/02/01 2278 ~r~.c, ~ 1101200 ~I~ SR ST~F 0.00 74.~0 1020 S89080 11/02/01 2278 ~.~-~, ~ 1106100 ~I~ SR ~F 0.00 3~.40 1020 ~89080 11/02/01 2278 ~, ~ 4239222 LIBBY ~I~ 0.00 92.82 1020 589080 11/02/01 2278 Q~, ~ 1104000 ~TI~ SR ~'~F 0.00 39.40 1020 S89080 11/02/01 2298 ~T~m, ~ 1103300 ~rZ~ SR ~ 0.00 37.40 1020 589080 11/02/01 2298 ~T~.~, ~ 1101500 ~l~ ~ ~ 0.00 39.40 ~ ~ 0.00 520.13 1020 589081 11/02/01 2105 ~ ~LI~I~ 110750] ~0901 12050709 ~ 0.00 101.81 ~020 589082 11/02/01 563 R ~ R ~S I~ 5606~40 P~/~PLIES P.O.157 0.00 58.12 1020 S8908] 11/02/01 1406 ~ ~ 6308840 ~2001-2002 0~ ~C 0.00 7.9~ 1020 589083 11/02/01 1406 ~ ~ 6308840 ~ 2001-2002 OP~ ~C 0.00 5.49 1020 58908] 11/02/01 1406. ~ ~ 6308840 ~ 2001-2002 O~ ~C 0.00 13.68 1020 589083 11/02/01 14~6 ~ ~ 6308840 ~ 2001-2002 O~ ~C 0.00 85.76 ~ ~ 0.O0 122.91 1020 589084 11/02/01 581 ~L~ 1107101 ~ P.O.12354 0.00 ~9.81 1020 589084 11/02/01 581 ~ 1104300 ~I~ P.0.12088 0.00 109.35 1020 589084 11/02/01 581 ~ 1107501 ~ ~ 0.00 183.99 1020 5~9085 11/02/01 2482 ~l ~TI~ 6109865 ~,~ ff/B 10/05/01 0.00 2000.00 102~ 589085 11/02/01 2452 ~ ~TI~ 6109865 S.~ N/E 10/12/200 0.00 2000.00 1~ 589085 11/02/01 2482 ~I ~T~ 6109865 B.~ N/B 10/19/01 0.00 2000.00 R~ DAT~ 11/02/01 T3~ 16:40:46 - FINANCIAL 11/02/0]. CI"i'Y OF C~RTINO PAGE ~ FUND - 110 - G~ERAT~ ~ ~H A~ ~CK ~ IS~ ~ .............. ~R ............. ~/DE~ ---,-D~S~I~ZON ...... ~S T~ ~ 1020 589086 11/02/01 844 R~Y 1101000 R~Y ~Y-DEC 0.00 444.00 1020 ~89086 11/02/01 844 H~Y 1104001 R~Y ~Y-DEC 0.00 148.00 ' 1020 589086 11/02/01 844 ~Y 1101070 ~Y ~Y-DEC 0.00 84.00 1020 S89086 11/02/01 844 R~Y 1101500 ~Y ~Y-DEC 0.00 192.00 1020 S89086 11/02/01 844 R~Y 1101200 R~Y ~Y-DEC 0.00 132.00 ~ ~ 0.00 1372.00 1020 589087 11/02/01 600 R~-~ S~R S~VIC 1108501 TZ~/~-A'~k~ 0.00 123.25 1020 S89088 11/02/01 601 ROY~ ~S I~ 2708405 ~IBS P.0.2244~ 0.00 35.22 1020 589089 11/02/01 204~ R~EeS ~ ~ 1108321 TI~/~I~ 0.00 162.50 1020 589089 11/02/01 2043 R~S PEST ~ 1108506 TI~/~Z~ 0.00 162.50 1020 589089 11/02/01 2043 R~tS ~ ~ 1108S04 TI~/~'1'~K~ 0.00 162.50 ~ ~ 0.00 650.00 1020 589090 11/02/01 626 ~A ~ ~ DE~ OF R 1102100 C~ATI~S 9/2001 0.00 1670.00 1020 589092 11/02/01 ~002 ~A ~ V~T.T.~ A~ 2308004 13 ~PI~ OF ~ 0.00 89.29 1020 589093 11/02/01 2057 SBC ~T~ 6109856 ~ ~Z~TI~ 0.00 302.40 1020 589093 11/02/01 2057 SBC ~TA~ 6109856 S~I~ ~T~ ~ 80.00 1080.00 1020 S89096 11/02/01 647 ~I~ ~ 5806449 S~VI~ ~ ~R 0.00 S7S. 00 1020 589097 11/02/01 M S~I~, ~I~ 580 Re~: ~eck - F~. 0.00 240.00 L020 589101 11/02/01 652 SZ~ S~ ~ ~. 1101~00 S~ 9/28-10/17 0.00 13.83 1020 589102 11/02/01 1837 SZ~ V~T-T-~ PAV~ ~ 1108503 T~/~I~ 0.00 S4SS.00 ~020.__ 589103 11/02/01 11S2 KIM ~IE ~ 1101042 ~/FI~ ~TS ~ 0.00 71.28 RI]~ DAT~ 11/02/01 TZ~ 16:40:47 11/02/01 CITY OF CUPERTINO PAGE 10 ACCOONTING PERIOD: 5/02 CH~CK REGISTER. - DISBURSI~I~T ~ 1020 ~8910~ 11/02/01 662 S~ ~ ~SOCIATES IN 1103~00 P~ ~ MISC P~TS 0.00 1921.64 1020 589106 11/02/01 1523 J~A SO~ 4269212 SERV 8/01-10/10/01 0.00 16102.~8 1020 589107 11/02/01 891 J~ SPITS~ ~06~49 ~P~SES - ~ ~IP 0.00 ~0.$6 1020 589107 11/02/01 891 J~ SPITS~ 5~06549 10/31 ~ ~IDE ~ 0.00 40.00 1020 ~89108 11/02/01 671 ST~ B~I~S ~IN ~606620 ~IES/~ 0.00 90.24 1020 589109 11/02/01 1016 ~ STAIN 1101000 ~ ~ 0.00 7B.24 1020 589110 11/02/01 2369 ~ ~ & ~S~IAT 2709449 S~VI~ ~E~ ~R 0.00 26114.77 1020 589111 11/02/01 681 ~IE ~ S~S ~806449 SERVI~ ~RR~ FOR 0.00 400.00 1020 589112 11/02/01 684 ~ S~ S806449 SERVI~ ~ ~R 0.00 488.75 1020 S89113 11/02/01 ~29 S~ ~TION, INC 1104100 ~ 10/28-10-31 0.00 625.00 1020 589114 11/02/01 696 T~ ~PLY 1108502 P~TS/~PLIES 0.00 65.23 1020 589115 11/02/01 701 T~G~ S~S 5806~49 S~PLIRS P.0.23835 0.00 ~1.84 1020 589115 11/02/01 701 T~G~ S~S 5806349 ~PLIRS P.0.23811 0.00 9.29 1020 S89115 11/02/01 701 T~G~ S~S ~806349 S~PLIES P.0.23818 0.00 18.36 ~ ~ 0.00 84.07 1020 S89116 11/02/01 708 ~ ~S~ S806449 S~RVI~ ~ FOR 0.00 391.00 1020 ~89118 11/02/01 ~002 ~=i&i, S~ 1108201 ~T/LIC ~ST 0.00 30.00 1020 ~89119 11/02/01 ~002 ~, PA~ ~S06549 ~ ~SS~S 0.00 100.00 1020 589120 11/02/01 7~0 VlSI~ S~VI~ ~ (~) 110 ~120744610001 VlSI~ I 0.00 2027.68 1020 S89121 11/02/01 2404 L~ VlS~ 5806449 SRRVI~ ~ ~R 0.00 157.20 '1020 ~89122 11/02/01 765 DR ~I-~UI D ~ S806449 S~VI~ ~ ~R 0.00 132.00 1020 S89124 11/02/01 779 ~ST-LI~ ~PLY ~ INC S708~10 P~TS/~UmPLI~ 0.00 181.09 1020 ~89124 11/02/01 779 ~ST-LI~ ~Y ~ I~ 1108830 GE ~0~ S~3 0.00 S057.64 RON DATB 11/02/01 ?*r~ 16:40:47 Z1/02/01 CZT~ OF C'IJ~.T'rNo PAGE ~ A~Z~ ~ZOD: S/02 ~ ~ZS~R - DZgR~S~ ~ 1020 589124 11/02/01 ~79 ~ST-LZ~ S~Y ~ INC 1108507 P~TS/S~ZgS 0.00 181.08 1020 589124 1~/02/0~ 779 ~ST-LZ~ ~PLY ~ IgC 1108501 P~TS/S~PLZES 0.00 181.08 1020 589124 1~/02/01 779 ~ST-LZ~ ~PLY ~ ZNC 1~08504 P~TS/~PLZES 0.00 181.07 1020 589124 1~/02/01 779 ~ST-LZ~ ~PLY ~ ~NC 1~08503 P~TS/S~PL~ES 0.00 ~81.07 ~T~ ~ 0.00 596).03 1020 589125 11/02/01 1939 HZNZ~ ~ ~Y ~S~TI 2709443 ~LZC MOR~ ~ 0.00 8594.10 1020 589126 11/02/01 ~002 M~, D~XS 110 ~ ~S~ ~ DE~ 0.00 200.00 1020 589127 11/02/01 2456 MO~ 3~ 1104510 ~ 10/19-10/22/0~ 0.00 240.00 1020 589128 11/02/01 790 ~ OF ~SZC 1106265 S~PLZES P.0.23830 0.00 39.66 ~020 589129 1~/02/0Z 794 ~ ~R~TZ~ 1104310 ~ 2001-2002 OP~ ~C 0.00 187.92 1020 589~30 11/02/01 H Y~, D~ 580 ReE~: ~eck - F~. 0.00 230.00 1020 58913~ 1Z/02/01 802 ZEP ~-t~X~ ~ 6308840 P~TS/~PLZES P.0.154 0.00 181.54 1020 589132 12/02/01 805 ~T ~[~l~ GR~ 2709448 S~VZ~ ~ FOR 0.00 866.50 1020 589~32 11/02/01 805 Z~T E~Z~Z~ ~ 4209116 ~LZC ~O~ ~ 0.00 230.00 1020 589132 11/02/01 805 ~T ~l~l~ GR~ 4209534 ~ ~ ~C 0.00 3058.02 1020 589132 11/02/0~ ~05 Z~T ~Z~l~ GR~ 4209118 S~VZ~ ~ FOR 0.00 433.50 1020 589132 11/02/01 805 ~T ~;~ERZ~ GROU 4209533 SgRVZ~ ~ ~R 0.00 2282.28 1020 589132 11/02/01 805 Z~T ~ERZ~ ~OU 1108601 ~ ~-~E- 0.00 1272.00 1020 589132 11/02/01 805 Z~T ~Z~ERZ~ GR~ 4209527 ~ZC NO~ ~ 0.00 40.04 1020 589132 11/02/01 805 ~T ~Z~ ~ 4209536 S~VZ~ ~ FOR 0.00 713.69 1020 589133 11/02/01 698 T~Y'S ~ZSES 2708403 ~ 2001-2002 OP~ ~C 0.00 54137.22 ~ ~RT 80.00 332508.51 R~i' DAT~ 11/02/01 TZI.~ 16:40:48 - F*rNANCZAT., A~ZNG RESOLUTION NO. 01-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FLrNDS AS HEREINAFTER DESCI~IRED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING NOVEMBER 09, 2001 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 thc funds as hereinai~er set forth in Exhibit "A". CERTIFIED: Director of Adm'mistrafive S~m~'ices PASSED AND ADOPTED at a regular me,tin§ of the City Council of the City of Cupertino this 10th dayof November ,2001, bythe following vote: Vote Member~ of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11/08/01 CTTY OF CUPERTINO PA~E 1 ACCOt~TIN~ PERIOD: 5/02 CHECK R~IS~i'~a - DISBUrSEMenT ~ SELECTION CRITERIA: transac=.~rans_date ~e=ween #11/05/2001- ancl #11/09/2001w ~ - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FI~D/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 589134 11/09/01 4 A T & T 1108901 OCT 2001 SERVICE 0.00 33.14 1020 589134 11/09/01 4 A T & T 1108501 OCT 2001 SERVICE 0.00 14.43 TOTAdL C3iECK 0.00 47,57 1020 589135 11/09/01 2110 J~C BACKFLOW THSTIN~ REP 1108505 TIME/MATERIALS 0.00 150.00 1020 589136 11/09/01 858 ACI I~EAL PROPERTIES INC 1100000 ~K~LY-SEPT 2001 0.00 160156.28 1020 589137 11/09/01 888 A~HA POOL MAI~-,L'=~U~tNCE I 5708510 OCT 2001 MAI~UE 0.00 557.80 1020 589138 11/09/01 2345 ALTA TRANSPORTATION CONS 4209118 P~BLIC WORKS CONTRACT 0.00 11733.32 1020 589139 11/09/01 M2002 ~RICAN BA~ ASSOCIATION 1101500 DUES ID#66585355 0.00 353.00 1020 589140 11/09/01 57 ARAMARK 1104510 COFFEE SRRV CITY HALL 0.00 523.57 1020 589141 11/09/01 864 CAROL ATW00D 1104000 AIR FAIR 0.00 395.00 1020 589141 11/09/01 864 CAROL ATWOOD 1104000 CONF. 10/21-10/24/01 0.00 794.25 TOTAL CHECK 0.00 1189.25 1020 589142 11/09/01 2429 AXCO 2709448 PEDESTRIAN SIGNAL HEAD 0.00 10355.04 1020 589143 11/09/01 85 BAY ALARM C~PANY 1108502 SERVICE CALL · LIBBY 0.00 160.00 1020 ~99144 11/09/01 88 RAY A~EA SHELVTN~ INC 1108407 BENCH WITH RAIL STD DR 0.00 3267.01 1020 589.144 11/09/01 88 RAy AR~A SRELVIN~ INC 1108407 P.O.30819 0.00 -534.81 1020 589144 11/09/01 88 RAY AREA SHELVING INC 2?08405 SJ~ ~UOTATION NOT ATTA 0.00 2845.26 TOTAL CHECK 0.00 5S78.66 1020 589145 11/09/01 M2002 BERG~L~N, ROONEY K, 1100000 40% PLAN CHECK FEES 0.00 -526.00 1020 589145 11/09/01 M2002 BERGMAN, RODHEY K, 1100000 R~FD 60 % USE pE~M'FT C 0.00 1315.00 TOTAL CHECK 0.00 789.00 1020 589146 11/09/01 100 BMI IMAGING SYSTEMS 1104300 FY 2001-2002 OPEN PURC 0.00 708.65 1020 509147 11/09/01 130 CALIFOENZA PARK AND RECR 1106100 AGB~CY ~RSHP DUES 0.00 298.30 1020 589148 11/09/01 2232 CARIAGA, LODRD*~S 110 CSGARNSI~'T 0.00 306.50 1020 589148 11/09/01 2232 CARIAOA, LOORDES 110 SSOARNSI~T 0.00 103.84 TOTAL CHECK 0.00 410.34 1020 589149 11/09/01 149 CASH 1104000 PETTY CASH 10/19-11/07 0.00 15.96 1020 589149 11/09/01 149 CASH 1104000 PETTY CASH 10/19-11/07 0.00 11.43 1020 589149 11/09/01 149 CASH 1104510 ~,~,r-&~ CASH 10/19-11/07 0.00 18.50 1020 589149 11/09/01 149 CASH 1107200 PETi~ CASH 10/19-11/07 0.00 9.00 1020 589149 11/09/01 149 CASH 1108201 PETTY CASH 10/19-11/07 0.00 10.32 1020 589149 11/09/01 149 CASH 1104000 PETTY CASH 10/19-11/07 0.00 50.00 1020 589149 11/09/01 149 CASH 1104400 v~'J.-,r'f CASH 10/19-11/07 0.00 28.83 TOTAL CHECK 0.00 144.04 1020 589150 11/09/01 2208 CCAC:CITY ~r.~ml(S ASSOC O 1104300 JOENSON, SMITH,BEP. HA~D 0.00 250.00 REN DATR 11/08/01 TXZ~ 14:35:05 - FINANCIAL ACCC~TIN~ 11/08/01 CZTY OF COP~RTZNO ACCOUNTING PERIOD: $/02 CHECK R~IS~ - DI~ 1020 589151 11/09/01 155 ~ ~O~ ~ER 1108407 S~PLIES P.O.15490 0.O0 140.40 1020 589151 11/09/01 15~ ~ ~O~ ~S~ 1108407 ~PLIES P.0.15490 0.00 58.05 ~T~ ~ 0.00 4~4.60 1020 589153 11/09/01 1820 ~IDI~ B~FITS SERVIC 110 ~ ~ ~ 2001 0.00 22.50 1020 589153 11/09/01 1820 ~IDI~ B~FITS SERVIC 1104510 ~ ~ES ~ 2001 0.00 27.~0 ~ ~CK 0.00 S0.00 1020 5891~4 11/09/01 1156 ~ 110 ~ 0.00 117.00 1020 589155 11/09/01 192 ~ 0~ATI0~ ~ 1104510 ~-~ ~SI~ 0.00 75.00 ~ ~CK 0.00 1~0.00 1020 ~891~6 11/09/01 916 ~R ~ X~SS 610~800 ~ 0.00 534.44 1020 ~89157 11/09/01 211 DELTA D~ P~ OF ~ 110 ~P 1539.001 0.00 3377.70 1020 ~891~7 11/09/01 211 DELTA D~ P~ OF ~ 110 OE3 1~39.002 0.00 4081.~6 1020 589158 11/09/01 19~4 DIS~I~ A~ ~UST 110 A 1020 ~891S9 11/09/01 222 D~ ~IA~S 4209~28 ~LIC WO~ ~ 0.00 4472.~0 1020 ~891S9 11/09/01 222 D~ ~IA~S 4209~28 ~IC WO~ ~ 0.00 12460.82 ~ ~CK 0.00 16913. ~2 1020 ~89160 11/09/01 223 ~ & MI~sS ~PI~ IN 2308004 ~ 2001-2002 OP~ ~C 0.00 11244.24 1020 ~89161 11/09/01 240 ~I~E~ ~ ~IS 1101070 ~S~I~I~ 10/22 ~ 0.00 425.00 1020 589162 11/09/01 242 ~ DE~L DE~ 110 SIT/932-0014-5 0.00 162~8.43 1020 ~89163 11/09/01 24~ ~ D~ 110 SDI/776-~260-0 0.00 4T1.91 ~ ~CK 0.00 629.44 1020 ~89165 11/09/01 250 ~T ~ OP ~T 5806349 SERVI~ ~ FOR 0.00 3086.50 1020 589166 11/09/01 251 ~S ~ST V~T.T.~y S~Y 1108315 ~ ~TZLXZE ~E~I 0.00 3000.00 1020 589166 11/09/01 251 ~S ~ VAT,T.my S~Y 1108315 ~ F~TILXZI~ JO~Y 0.00 3000.00 ~ ~ 0.00 6000.00 RUN DATE 11/08/01 TI~ 14:35:06 - FINANCIAL ACCOI~TIN~ 11/08/01 CITY OF CUPSRTINO PAGE &c'~ot~II~ ~RIOD: 8/02 CI~CKREGIS"T~R - DI$~ ~A~ ~NO XSS~ ~ .............. ~R ............. ~/DR~ ..... DES~X~ION ...... ~S T~ 1020 589167 11/09/01 1935 ~IBI~-SI~CI~ 1104400 ~T ~ STI~ 0.00 131.23 1020 589168 11/09/01 258 F~ILY ~RT ~US~E 110 V OR~ 563312780 0.00 352.62 1020 589169 11/09/01 2469 FE~, ~OL 1104100 P~TI~ ~ 0.00 1161.41 1020 589170 11/09/01 2361 FI~~ 5806349 I~f~T C~R 0.00 311.66 1020 589170 11/09/01 2361 FI~T ~ 5806249 I~ ~R 0.00 311.66 1020 ~891T0 11/09/01 2~61 FI~T ~ 5806449 I~ ~R 0.00 211.65 ~ ~ 0.00 934.97 1020 589171 11/09/01 27~ ~ ~ION H.S. DIST. ~806449 ~.SE~ ~ 20 0.00 4420.17 1020 589172 11/09/01 M Fari~, ~roline 5~0 Ref~d: ~eck - cancel 0.00 S5.00 1020 S89173 11/09/01 M ~, ~vid 5~0 Reft: ~eck - Ren=al 0.00 ~00.00 1020 589174 11/09/01 281 ~ 1108~12 P~TS/~IES P.O.1~4 0.00 ~39.11 1020 ~89174 11/09/01 281 ~ 1108314 P~TS/SUPPLIES P.O.1~4 0.00 ~24.19 ~T~ ~CK 0.00 106~.~0 1020 589177 11/09/01 1686 VICKI ~ 1108601 1020 589179 11/09/01 ~002 H.E.L.P. ~06~49 ~PIES 'YO~ WAY' 0.00 50.00 1020 ~89180 11/09/01 325 ~IEL ~ 1106248 SE~I~ 0.00 112.50 1020 589181 11/09/01 2522 L~ ~ 5506549 SERVI~ ~E~ ~R 0.00 480.00 1020 589182 11/09/01 1898 ~RI~N 1108303 ~ 2001-2002 O~ ~C 0.00 753.64 1020 589182 11/09/01 1898 ~RZZ~ 110831~ ~ 2001-2002 O~ ~C 0.00 208.T3 ~ ~CK 0.00 962.37 1020 589183 11/09/01 ~02 ~I, ~ 5506549 ~S~TION S~VI~ 0.00 S0.00 1020 589184 11/09/01 M h~et~, Irene 550 ~f~d: ~eck - reM~ 0.00 58.00 1020 589185 11/09/01 343 I~ ~I~ ~-45 110 *I~ 0.00 5216.50 1020 589186 11/09/01 2473 ~ I~E~ ~SP~E 5208003 ~SIF~ED ~ 0.00 594.18 1020 589187 11/09/01 995 INS~V ~ 1108504 ~ 2001-2002 OP~ ~C 0.00 167.04 1020 S89187 11/09/01 995 INS~V ~ 1108802 ~ 2001-2002 O~ ~C 0.00 167.04 1020 589187 11/09/01 995 ZN~V ~ 1108501 ~ 2001-2002 O~ ~C 0.00 167.04 R~ DATE 11/08/01 TI~,~ 14:35:06 - FI~CIAL ~C~II~ 11/08/01 CITY OF CUPERTINO P~E 4 &CCO~JTING PER/OD: 5/02 C~ECK REGTSTER - D~SR~ ~ ~ - 110 - GE~ ~ ~ A~ ~CK NO 1S~ ~ .............. ~ ............. ~/DE~ ..... DES~I~I~ ...... S~S T~ ~ ~ ~ 0.00 ~01.12 1020 5891~8 11/09/01 1981 I~*r~TA~ ~FIC ~ 1108303 P~TS ~ ~PPL/ES 0.00 1213.36 T~ ~CK 0.00 5355.29 1020 589192 11/09/01 M Fmndo, Nori 550 Reft: ~eck - cancel 0.00 55.00 1020 589193 11/09/01 ~2002 ~DE~, P~ 2308004 ~0~ ~S ~E 0.00 21.89 1020 589193 11/09/01 ~2002 ~D~, P~ 5208003 S~PLIES/~E ~S 0.00 246.32 ~ ~ 0.00 268.21 1020 589194 11/09/01 ~002 ~D~, RI~ 1104400 ~'~K/OFFI~ S~I 0.00 99.02 1020 589195 11/09/01 1868 ~0 ~BI~ ~I~TZ 2708404 P~TS/~PLIES 0.00 102.36 1020 589196 11/09/01 444 MI~~ S L~ 1108501 P~TS/S~PLIES P. O: 152 0.00 50.74 1020 589196 11/09/01 444 MI~~ S L~ 1108503 S~PLIES P.O. 15610 0.00 21.73 1020 5~9197 11/09/01 M Miller, Fr~cotse 550 ~S 10219 a 10220 0.00 1024.00 R~ DAT~ 11/08/01 TIME 14:35:07 A~C0t~TIN~ P~RIOD: S/02 ~ECK REGISTER - DISB~ ~ 1020 589206 11/09/01 833 P E R S 110 *PE~ B~K 0.00 270.46 1020 S89206 11/09/01 833 P E R S 110 P~ ~PLY 0.00 23785.95 1020 589206 11/09/01 833 P E R S 1~0 PE~ 1959 0.00 112.53 1020 S89206 11/09/01 833 P E R S 110 PE~ ~LY 0.00 157.52 1020 S8920~ 11/09/01 833 P E R S 110 P~ B~K 0.00 37.52 1020 589206 11/09/01 833 P E R S 110 *PE~ B~K 0.00 269.95 ~ ~ 0.00 24762.20 1020 S89207 11/09/01 833 P E R S 110 ~D J.JO~ ~-SE~ 0.00 446.15 1020 589211 11/09/01 511 PACIFIC BE~ 6104800 SERV 10/20-11/19 0.00 93.43 1020 589211 11/09/01 511 PACIFIC BELL 1106100 ~0~ S~V O~ 200 0.00 88.24 1020 589211 11/09/01 5~1 PACIFIC BELL 1106265 ~O~ SERV O~ 200 0.00 470.62 1020 589211 11/09/01 511 PACIFIC BELL 1106529 ~0~ S~V O~ 200 0.00 29.41 1020 589211 11/09/01 511 PACIFIC BE~ 1107301 ~ S~V ~ 200 0.00 264.72 1020 S89211 11/09/01 511 PACIFIC BE~ 1107302 ~ S~V O~ 200 0.00 58.83 1020 589211 11/09/01 511 PACIFIC BE~ 1107501 ~PHO~ SERV O~ 200 0.00 ~82.38 1020 589211 11/09/01 511 PACIFIC BELL 1104400 ~P~ SERV ~ 200 0.00 88.24 1020 S89211 11/09/01 5~1 PACIFIC BE~ 1107503 ~ SERV ~ 200 0.00 117.65 1020 S89211 11/09/01 511 PACIFIC BELL 1108001 ~O~ S~V ~ 200 0.00 147.07 1020 589211 11/09/01 511 PACIFIC ~ 1108101 ~O~ S~V O~ 200 0.00 279.73 1020 589211 11/09/01 511 PACIFIC BE~ 1108102 ~ SERV ~ 200 0.00 29.41 1020 589211 11/09/01 511 PACIFIC B~ 1106265 ~LE~ SERV O~ 200 0.00 9q.07 1020 589211 11/09/01 511 PACIFIC BE~ 1108501 ~O~ SERV ~ 200 0.00 778.38 1020 S89211 11/09/01 511 PACIFIC BE~ 1108503 ~ S~V ~ 200 0.00 835.63 1020 589211 11/09/01 511 P~IFIC BE~ 1108507 ~O~ S~V O~ 200 0.00 112.01 1020 589211 11/09/01 511 PACIFIC BE~ 5606620 ~ S~V O~ 200 0.00 294.14 1020 589211 11/09/01 511 PACIFIC B;~ 5706450 ~ S~V O~ 200 0.00 352.96 1020 589211 11/09/01 511 PACIFIC BE~ 1108601 ~O~ S~V O~ 200 0.00 88.24 1020 589211 11/09/01 511 PACIFIC BE~ 1108602 ~0~ S~V O~ 200 0.00 117.65 1020 589211 11/09/01 511 PACIFIC B~ 5208003 ~O~ S~V O~ 200 0.00 29.41 1020 589211 11/09/01 51~ PACIFIC BE~ 2308004 ~ S~V O~ 200 0.00 29.41 1020 589211 11/09/01 511 PACIFIC B~ 1106265 TB~ S~V O~ 200 0.00 88.24 1020 589211 11/09/01 511 PACIFIC B~ 1108201 ~ S~RV O~ 200 0.00 377.~8 1020 589211 11/09/01 511 PACIFIC BE~ 6104800 ~O~ S~V O~ 200 0.00 558.86 1020 589211 11/09/01 511 PACIFIC BE~ 5606620 ~ S~V ~ 200 0.00 309.83 1020 S89211 11/09/01 511 PACIFIC BE~ 5606640 ~O~ S~V ~ 200 0.00 198.86 1020 589211 11/09/01 511 PACIFIC ~ 5708510 ~ S~V ~ 200 0.00 235.31 1020 589211 11/09/01 511 PACIFIC BE~ 1106265 ~ S~V ~ 200 0.00 205.90 1020 589211 11/09/01 5~1 PACIFIC ~ 1107301 ~0~ S~V ~ 200 0.00 58.83 1020 589211 11/09/01 511 PACIFIC ~ 1108~04 ~O~ S~V ~ 200 0.00 117.65 1020 589211 11/09/01 511 PACIFIC ~ 1108511 ~ S~V O~ 200 0.00 58.83 DATE 11/08/01 TI~ 14:35:08 - FINANCIAL ACCOUNTING ALTOt~TIN~ PE~.10D: ~/02 CIt~CK R~GIgTER - Dlgg~tq~'.~NT ~ FOND - 110 - GENE~ULL FT,~D 1020 589211 11/09/01 511 PACIFIC BELL 1108509 TELEPHONE SERV OCT 200 0,00 53.18 1020 588211 11/09/01 511 PACIFIC BELL 1108504 TELEPHON~ SERV OCT 200 0.00 32.21 1020 589211 11/09/01 511 PACIFIC BELL 1108407 TELEPHONE SERV OCT 200 0.00 19.34 1020 589211 11/09/01 511 PACIFIC BELL 1108201 T~T~HONE SERV OCT 200 0.00 84.09 ' 1020 589211 11/09/01 511 PACIFIC BELL 1104530 TELEPHONE SERV OCT 200 0.00 205.90 1020 588211 11/09/01 511 PACIFIC BELL 1106647 TELEPHONE SERV OCT 200 0.00 29.41 1020 588211 11/09/01 611 PACIFIC BELL 1104510 TELEPHONE SERV OCT 200 0.00 176.48 1020 589211 11/09/01 511 PACIFIC BELL 1104200 TELEPHONE SERV OCT 200 0.00 88.24 1020 589211 11/09/01 511 PACIFIC BELL 1104100 TELEPHON~ SERV OCT 200 0.00 176.48 1020 589211 11/09/01 511 PACIFIC EELL 1104000 TELEPH(~E SERV OCT 200 0.00 88.24 1020 589211 11/09/01 511 PACIFIC BELL 1103800 TELEPHONE SE~V OCT 200 0.00 88.24 1020 589211 11/09/01 511 PACIFIC BELL 1103300 TELEPHONE SERV OCT 200 0.00 58.83 1020 589211 11/09/01 511 PACIFIC BELL 1104300 TELEPHON~ SERV OCT 200 0.00 265.33 1020 589211 11/09/01 511 PACIFIC BELL 1101500 TELEPHONE SERV OCT 200 0.00 323.55 1020 589211 11/09/01 511 PACIFIC BELL 1102100 TELEPHONE SERV OCT 200 0.00 147.07 1020 589211 11/09/01 511 PACIFIC BELL 1101000 TELEPHON~ SERV OCT 20 0.00 176.48 TOTAL C~.ECK 0.00 9806.30 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108407 9/26-10/25 YVV$~20901 0.00 1225.17 1020 589213 11/09/01 513 PACIFIC ~ & ELECTRIC 1108808 9/26-10/25 YVVSB20901 0.00 36?0.72 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108506 9/26-10/25 YVVSB20901 0.00 214.62 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108830 10/01-10/30/2001 0.00 7474.31 1020 589213 11/09/01 513 pACIFIC GA~ & ELECTRIC 1108507 9/29-10/25 YVVSE20901 0.00 1643.54 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108511 9/26-10/25 YVVSB20901 0.00 374.89 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108407 9/27-10/26/2001 0.00 7.29 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108602 9/26-10/25 YVVSE20901 0.00 2003.73 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108303 9/26-10/25 YVVSB20901 0.00 6866.94 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108830 9/26-10/25 YVVSB20901 0,00 22.08 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108312 9/26-10/25 YVVSE20901 0.00 30.92 1020 589213 11/09/01 513 PACIFIC GAS & ELECtrIC 5606620 9/26-10/25 YVVSB20901 0.00 379.74 1020 589213 11/09/01 513 PACIFIC ~ & ELECTRIC 1108314 9/26-10/25 Y~VEE20901 0.00 303.97 1020 569213 11/09/01 513 PACIFIC ~ a ELECTRIC 1108315 9/26-10/25 YVVEB20901 0.00 278.55 1020 589213 11/09/01 513 PACIFIC GA~ & ELECTRIC 4209110 9/27-10/26/2001 0.00 186.43 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108407 10/02-10/30/2001 0.00 7.29 1020 589213 11/09/01 513 PACIFIC CAS & ELECTRIC 1108602 10/02-10/30/2001 0.00 66.51 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108602 10/01-10/30/2001 0.00 86.45 1020 589213 11/09/01 513 PACIFIC (]AS & ELECTRIC 5606620 9/25-10/26/2001 0.00 164.97 102'0 589213 11/09/01 513 FACIFICGAS & ELECTRIC 1108407 9/25-10/26/2001 0.00 229.63 1020 589213 11/09/01 513' PACIFIC GAS & ELECTRIC 1108602 10/01-10/25/2001 0.00 54.61 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 1108602 10/02-10/30/2001 0.00 84.7~ 1020 569213 11/09/01 513 PACIFIC GAS & ELECTRIC 5606620 9/25-10/26/2001 0.00 1812.51 1020 589213 11/09/01 513 PACIFIC GAS & ELECTRIC 4209110 9/27-10/26/2001 0.00 20.71 TOTAL CH~CK 0.00 27210.31 1020 589214 11/09/01 515 PACIFIC NEST SECURITY IN 1108504 SERV ON 10/22 0.00 360.60 1020 589214 11/09/01 515 PACIFIC NEST SECURITY IN 1108505 SERV ON 10/15 0,00 185.00 TOTALCH~CK 0.00 545.60 1020 589215 11/09/01 1952 PAPA 1108407 S~INAR 12/11 FOR 8 0.00 440.00 DATE 11/08/01 TINE 14:35:08 - FINANCIAL ACCO0~TING ACCOUNTING PERIOD.' 5/02 C~CK REGISTER - DISBURSEMENT FUND PTJND - 110 - GENERAL FUND 1020 589216 11/09/01 1099 PAVEMENT ENGZNEERIN~ INC 2709450 SERVICE AGREEmeNT FOR 0.00 44600.00 1020 569217 11/09/01 2462 PECK JUDAH TRAVEL SERV., 5506549 REFI~qD DUPL REBATE CH~ 0.00 3900.00 1020 589218 11/09/01 526 PENINSULA DIGITAL IM~GIN 2709443 LRG FORMAT BOND COPY 0.00 21.38 1020 589216 11/09/01 826 PENINSULA DIGITAL IMAGIN 4239222 Z,RG FORMAT BOND COPY 0.00 6.10 1020 589218 11/09/01 526 PENINSULA DIGITAL IMAGIN 4269212 LRG FORMAT BOND COPY 0.00 16.85 1020 589218 11/09/01 526 PENINSULA DIGITAL IMAGZN 4239222 LRG FORMAT MYLAR 0.00 13.45 1020 589218 11/09/01 526 PENINSULA DIGITAL IMA~TN 4289212 LRG FORMAT BOND COPY 0.00 86.35 1020 589219 11/09/01 526 PENINSULA DIGITAL ZMAGIN 110 LARGE FORMAT BOND COPY 0.00 131.26 TOTAL CHECK 0.00 277.39 1020 589219 11/09/01 633 m~l~S LONG -~'~,*¢r4 CARE PROG 110 PE~S LTC/#2405 0.00 262.16 1020 589220 11/09/01 543 PINPOINT 5606640 PARTS/SUPpLIES P.O. 154 0.00 166.87 1020 589220 11/09/01 543 PINPOINT 5606620 PARTS/SUPPLIES P.O.154 O.OO 186.88 1020 589220 11/09/01 543 PINPOINT 1108201 JACKET ORDER 0.00 3964.85 TOTAL CHECK 0.00 4338.60 1020 589221 11/09/01 1929 PLANNING I~SOURCE ASSOCI 1107302 GENERAL PLAN REVTEN AN 0.00 7708.20 1020 S09221 11/09/01 1929 PLANNING RESOURCE ASSOCI 1108601 GEN~P~,L PLAN REVIEW AN 0.00 8160.00 TOTAL CHECK 0.00 15868.20 1020 589222 11/09/01 2049 RAIL-VOLUTZON/ANI 1107301 CONF PEG FEE A.SI~IVAS 0.00 220.00 1020 589223 11/09/01 1406 RAINES CHEVORLET 6308840 FY 2001-2002 OPEN PURC 0.00 14.36 1020 589223 11/09/01 1406 RAINES CHEVORLET 6308840 FY 2001-2002 OPEN PURC 0.00 267.11 1020 589223 11/09/01 1406 I~TNES CH~VORLET 6308840 FY 2001-2002 OPEN PURC 0.00 8.25 1020 589223 11/09/01 1406 RATERS CHEVORLET 6308840 FY 2001-2002 OPEN PURC 0,00 53.13 TOTA~ CHECK 0.00 342.85 1020 589224 11/09/01 1706 ROSE PRINTING CO INC 1101500 SUPPLIES 0.00 69.13 1020 589225 11/09/01 599 ROSS ENCRRATIO~; EQUIpN~ 1108314 PARTS/SUPPLIES 0.00 46.90 1020 589226 11/09/01 2530 ROSS TIRE SERVICE a AUTO 5606640 TRACTOR REPAIR P.O.157 0.00 103.94 1020 589227 11/09/01 M Ramsauer, Alice 550 Refund: (~eck- Rememb 0.00 58.00 1020 589228 11/09/01 M Razzari, Mary 550 Refund: Check- cancel 0.00 55.00 1020 589229 11/09/01 M Robinson, LaVe=ne 550 REFmmS 10378 E 10379 0.00 58.00 1020 589230 11/09/01 345 SAN FEANCISCO ELEVATOR 1108502 TzH~/MATERIALS 0.00 235.08 1020 589235 11/09/01 625 SAN JOSE WATER COMPANY 1108407 NATER SERVICE 9/20-10/ 0.00 25.58 1020 589235 11/09/01 625 SAN JOSE WATER C~NPANY 1108407 RATER SERVICE 9/20-10/ 0.00 16.50 1020 589235 11/09/01 625 SAN JOSE MATER COMPANY 1108407 NATER SERVICE 9/20-10/ 0.00 10.14 1020 589235 11/09/01 625 SAN JOSE RATER COMPANY 1108407 WA~RR SERVICE 9/20-10/ 0.00 30.35 1020 589235 11/09/01 625 SAN JOSE RATER COMPANY 1108407 WATER SERVICE 9/20-10/ 0.00 299.58 DATE 11/08/01 TZM~ 14:35:09 - FZNANCZAL ACCOI~ITZNG 11/05/01 CTTY OF C~mt?T~O PAC;Z 8 ~ P~ZOD: S/OR ~ R~S~ - DZSB~ ~ ~H A~ ~ ~ ZS~ ~ .............. ~ ............. ~/DE~ ..... DES~ZON ...... ~S T~ ~ 1020 589235 11/09/01 625 ~ ~OSE ~R C~ 1108407 ~A~ SERVZ~ 9/20-10/ 0.00 143.94 1020 589235 11/09/01 625 S~ JOSS WA~ ~P~ 1108407 WA~ S~VI~ 9/20-10/ 0.00 97.16 1020 589235 11/09/01 625 ~ JOSE WA~R ~ 1108408 ~TER SERVI~ 9/20-10/ O.00 25'.00 1020 S89235 11/09/01 625 ~ JOSS WA~ ~P~ 1108504 WAT~ S~VI~ 9/20-10/ 0.00 98.~9 1020 589235 11/09/01 625 ~ JOSE WA~R ~ 1108303 WA~R SERVI~ 9/20-10/ 0.00 82.70 1020 589235 11/09/01 625 S~ JOSE WA~ ~P~ 1108315 WA~ S~VI~ 9/20-10/ 0.00 1959.64 1020 589235 11/09/01 625 ~ ~SE WA~R ~ 1108407 WA~ S~VI~ 8/29-10/ 0.00 169.33 1020 589235 11/09/01 625 S~ JOSS WA~ ~ 1108407 WA~R S~VI~ 8/28-10/ 0.00 63.16 1020 589235 11/09/01 625 ~ J~E ~R ~ 1108312 WA~ S~VICE 8/29-10/ 0.00 1905.49 1020 589235 11/09/01 625 ~ JOSS WA~R ~ 1108314 WA~ S~VI~ 9/20-10/ 0.00 885.40 1020 589235 11/09/01 625 ~ 0~ ~ ~ 1108407 WA~R SERVI~ 8/29-10/ 0.00 34.17 1020 589235 11/09/01 625 ~ ~SE ~R ~ 1108407 WA~ S~VI~ 8/29-10/ 0,00 79.28 1020 589235 11/09/01 625 ~ J~E NA~ ~P~ 1108407 WA~ S~VI~ 8/21-10/ 0,00 227.48 1020 589235 11/09/01 625 ~ J~B ~ ~ 1108407 WA~R SERVI~ 9/20-10/ 0.00 112.35 1020 589235 11/09/01 625 ~ ~ ~ ~ 1108407 ~R S~VZ~ 9/20-10/ 0,00 2109.41 1020 58923S 11/09/01 625 ~ JOSS WA~R ~ 1108407 WA~R S~V1~8/28-10/2 0.00 214.43 1020 589235 11/09/01 625' ~ JOSE WA~R ~P~ 1108315 ~ S~VI~ 9/20-10/ 0.00 36.50 1020 589235 11/09/01 625 S~ JOSE NA~ ~P~ 1108315 WA~ S~VI~ 9/20-10/ 0.00 1579,55 1020 589235 11/09/01 625 ~ J~E ~ ~ 110831S WA~ S~VI~ 9/20-10/ 0.00 73.47 1020 589235 11/09/01 625 ~ ~K WA~ ~ 1108407 WAT~ SBRVZ~ 9/20-10/ 0.00 35.93 1020 589235 11/09/01 625 ~ JOSS ~R ~ 1108407 ~R S~VI~ 9/20-10/ 0.00 37.52 1020 589235 11/09/01 625 ~ ~E ~R ~ 1108506 ~ S~VI~ 9/20-10/ 0.00 46.24 1020 589235 11/09/01 625 ~ ~SE WA~R ~P~ 1108407 ~ S~VI~ 9/20-10/ 0.00 10.14 1020 589235 11/09/01 625 ~ JOSE ~ ~ 1108407 WA~ S~V~ 8/21-10/ 0.00 39.07 1020 589235 11/09/01 625 ~ JOSS NA~ ~ 1108407 NA~ S~VI~ 9/20-10/ 0.00 156.64 1020 5B9235 11/09/01 625 ~ J~E WA~ ~ 1108407 ~ S~VI~ 9/20-10/ 0.00 14.47 1020 589235 11/09/01 625 ~ ~E ~ ~ 1108407 ~ SERVZ~ 9/20-10/ 0.00 14.47 DATE 11/08/01 T'r~ 14:35.-10 - FTHANCTAI, ACC~TNG 11/08/01 C~TY OF CUPERTTNO PAGE 9 ACCOm~T~N~ ~TOD: S/02 tg.~ZLg( P-~IST~R - DI~IL~ ~ CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. F't.AqD/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 589235 11/09/01 625 SAN JOSS WATER COMPANY 1108407 WAT~R SERVICE 9/20-10/ 0.00 92.23 1020 589235 11/09/01 625 SAN JOSE WATER C(H~PA~Y 1108806 #AT~S SSRVICE 9/20-10/ 0.00 186.01 1020 589235 11/09/01 625 SAN JOSE WAT~ COMP~I~Y 1108407 WATER SERVICE 9/20-10/ 0.00 14.47 1020 589235 11/09/01 625 SAN JOSE WATER CO~4PANY 5606620 WATER SSRVICE 9/20-10/ 0.00 158.95 1020 589235 11/09/01 625 SAN JOSE WATER COMPANY 5708510 WATSR SERVICE 9/20-10/ 0.00 228.83 1020 589235 11/09/01 625 SAN JOSE WATER CGMP]tNY 1108303 WATER SERVICE 9/20-10/ 0.00 378.13 1020 589235 11/09/01 825 SAN JOSS NATES COMPJ~Y 1108303 WATER SERVICE 9/20-10/ 0.00 1235.81 1020 589235 11/09/01 625 SAN JOSS WATER COMPANY 1108503 WATER SERVICE 9/20-10/ 0.00 143.05 1020 589235 11/09/01 625 SAN JOSS WA%~R COMPA~ 1108314 WA~R SSRVICE 9/20-10/ 0.00 587.96 1020 589235 11/09/01 625 SAN JOSE WATER C~AWY 1108314 MATER SERVTCE 9/20-10/ 0.00 238.36 1020 589235 11/09/01 625 SAN JOSS WATER C~MPAI~Y 1108507 WATER SERVICE 9/20-10/ 0.00 77.93 1020 589235 11/09/01 625 SAN JOSE WATSR COMPANY 1108302 WATER SERVICE 9/20-10/ 0.00 328.59 1020 589235 11/09/01 629 SA~ JOSE WA~ COMPA~ 1108314 WA~R SSRVICE 9/20-10/ 0.00 722.30 1020 589236 11/09/01 625 SA~ JOSE WA~R ~]9~PA/~Y 1108314 WATER SERVTCE 9/20-10/ 0.00 9.00 1020 589235 11/09/01 625 SAN JOSE WATER COMPA~NY 5708510 WATER SERVICE 9/20-10/ 0.00 9.00 1020 589235 11/09/01 625 SAN JOSS WATER C0~P~'Y 1108321 WATER SERVICE 9/20-10/ 0.00 173.56 1020 589235 11/09/01 625 SAN JOSE WATER COMPA~ 1108314 WA~ SSRVICE 9/20-10/ 0.00 722.78 1020 589235 11/09/01 625 SAN JOSS WATER COMPANY 1108321 WATER SERVICE 9/26-10/ 0.00 36.50 1020 589235 11/09/01 625 SAN JOSE WATER COMPANY 1108407 WATER SERVICE 9/20-10/ 0.00 70.00 1020 589235 11/09/01 625 ~ JOSE WA~ C~ANY 1108407 WATER SERVICE 9/20-10/ 0.00 88.34 TOTAL CHECK 0.00 29530.99 TOTAL CHECK 0.00 4951.07 1020 589239 11/09/01 2222 SANTA CLARA CO~ BAR A 1101500 9182288 A~TtU%L FEE 200 0.00 253.00 1020 589241 11/09/01 1337 SANTA CLARA VALLEY TR~/~S 1108005 FY02 1ST&2ND ~ ASSES 0.00 2S590.00 DATE 11/08/01 TIMB 14:35:11 - FINANCIAL A~CCO~TIN~ ACt"OU~INC PE.~.IOD: ~/02 CHECK I~(?~ET~ - D~S~ ~ 1020 589242 11/09/01 2309 S~, ~IY~ 6104800 ~P~SES L.A. ~NF. 0.00 40.00 1020 589243 11/09/01 2016 SI~S BUI~I~ ~OL 1108504 TI~/~r~ 0.00 3961.00 ' 1020 589244 11/09/01 1837 SILI~ V~T.~.~Y PAVI~ ~ 2708404 ~ ~ REP~ 0.00 9994.00 ~ ~ 0.00 15225.00 1020 589245 11/09/01 2415 SZ~ ~-~ HZ~ 4239222 ~ZC ~0R~ ~ 0.00 80846 1020 589246 11/09/01 665 ~ ~Y ~-~O~LZT~ 5806449 SBRVI~ ~ ~R 0.00 2827.44 1020 589247 11/09/01 677 STA~ S~T ~ & ~ 11O *P~ DEF 0.00 2331.49 1020 589248 11/09/01 2369 S~ ~ & ~S~IAT 1108601' F~IBILI~ ~Y 0.00 2474.01 1020 589249 11/09/01 2277 ~uw~ A~IO 5806449 ~O ~L~ ~-20 ~ 0.00 613.00 1020 5892~0 11/09/01 700 T~BT S~CI~ ~0~ 1108312 ~ 2001-2002 OP~ ~C 0.00 2438.64 1020 ~892~1 11/09/01 701 T~T S~ES 5806349 ~PPLIES P.O.23887 0. O0 49 1020 589251 11/09/01 701 T~ET S~S 5806~49 ~PPLIES P.0.2~886 0.00 49.25 1020 S89251 11/09/01 701 T~GET S~RES 1106265 ~PLIES 0.00 11.66 ~ ~CK 0.00 110.18 1020 589252 11/09/01 2532 ~I~ ~YSIS, INC. 1107502 ~I~I~ S~VI~S 0.00 1~00.99 1020 5892~5 11/09/01 199~ ~R OF ~ ~ 110 A ~PEZ ~ 566398126 0.00 161.54 1020 S89256 11/09/01 1154 ~I~ WAY OF ~A ~ 110 ~l-r~ ~Y 0.00 1~9.25 1020 589257 11/09/01 7~3 ~T INC 1108~05 P~TS/~PLIES 0.00 194.99 1020 5892~8 11/09/01 310 ~I~ WI~SS {FO~ 1103300 9309~69653 S~V ~ 0~ 0.00 106.48 1020 589259 11/09/01 310 ~RIZ~ WI~SS {~ 110240~ 9608881609 S~V ~ ~ 0.00 104.45 1020 589260 11/09/01 742 ~=l-r~ V1~ 5806349 B~K ~E a S~IES 0.00 240.00 1020 ~89261 11/09/01 746 VIKI~ OFFI~ ~S 5506~49 S~I~ P.O.16015 0.00 358.29 1020 589262 11/09/01 2472 ~S~ ~I~ R~FI~ 1108508 ~-R~F WZ~ P~K 0.00 70~6.00 1020 589263 11/09/01 2527 ~ ~ ~ST 6308840 P~TS/S~ZES P.0.154 0.00 436.28 1020 589264 11/09/01 2121 NIL~C 2709443 BI~ ~S AT S~ 0.00 400.00 DATE 11/08/01 TlR 14:35:12 - FII~NCIAL ACCODNTING 11/08/01 CITY OF ~.~JL'~TTNO PAGE 11 ACCOUNTING PERIOD: S/02 CHECK REGISTER - DISBURSEMENT ~ SELECTION CRITERIA: =ranoac~.trans_da=e between "11/05/2001" and u11/09/2001" ~ - 110 - GENERAL F~4D CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 589265 11/09/01 2498 KIERSA WITT 1107301 PURCHASES FOR PLANNING 0.00 96.67 1020 569266 11/09/01 1131 CIDDY NORDELL 1107200 ORAL BOARD L~CH 0.00 102.00 1020 589267 11/09/01 2000 XPSCT FIRST ATD 1108501 REFILL FIRST AID KITS 0.00 227.28 1020 589268 11/09/01 800 Z.A.P. MANUFACTURING INC 6308840 SUPPLIES P.O.23695 0.00 19.65 1020 589269 11/09/01 605 ZUMWALT ENGINEERIN~ GROU 2709438 PROJ 14~T SERVICES 0.00 250.50 1020 589269 11/09/01 805 Z~4WALT ENGINEERING GROU 4209529 PROJ MGMT SERVICES 0.00 192.50 TOTAL (~."~ECK 0.00 443.00 TOTAL CASH ACCOUNT 0.00 717882.73 TOTAL PT~qD 0.00 717882.72 TOTAL REPORT 0.00 717882.73 R~ DAT~ 11/08/01 TIME 14:35:12 - FII~NCIAL ACCO~TIN~ RESOLUTION NUMBER 01-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTrNO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON October 12, 2001 WHEREAS, the Director of Admini-uative Services, or their designated representative has certified to the accmacy 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 $419,332.59 Less Employee Deductions $(128,312.25) NET PAYROLL $291.020.34 Payroll check numbers issued 56487 through 56731 Void cheek number Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of t~ovember ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino KESOLUTION NUMBER 01-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON October 26, 2001 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 $399,300.09 Less Employee Deductions $(124,653.66) NET PAYROLL $274.646.43 Payroll cheek numbers issued 56732 through 56951 Void cheek number PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of lqovember ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NUMBER01-235 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 November 9, 2001 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 $394,559.09 Less Employee Deductions $(122,095.45) NET PAYROLL $272.463.64 Payroll check numbers issued 56952 through 57167 Void check number Director of Administrative Service~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torte Avenue Cupertino, California 95014 CITY OF Phone (408) 777-3312 CUPE INO {408 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER '-/ AGENDA DATE II-I~- 01 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Tomokazu Japanese Cuisine Location: 20625 Alves Drive Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place Reason for Application: Person to Person Transfer RECOMMENDATION There are no use permit restrictions or zoning restrictions which would prohibit this use, and staff has no objection to the issuance of the license. Prepared by: Submitted by: , City Planner David Knapp, City Manager G:planning/misc/abc/tomokazu Prfntedonl~ecyctedPaper 3-'[ State of California o Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control File Number: 1~82641 100 Pasco de San Antonio Receipt Number: 135072~ Room 119 Geographical Code: 4303 San Jose, CA 95113 Copies Mailed Date: November 5, 2001 (408)277- ! 200 Issued Date: DISTRICT SERVING LOCATION: SAN JOSE First Owner: TOMOKAZU JAPANF, SE ~UI~iNE LLC Name of Business: TOMOKAZU JAPANESE CUISINE Lo,~ation of Business: 20625 ALVES DR CUPERTINO, CA 95014 County: SANTA CLARA Is premise inside city limits? Yes Census Tract $078.01 Mailing Address: 40 N FOURTH ST (If different from SAN JOSE, CA 95112 premises address) Type of license(s): 47 Transferor's license/name: 371928 /CUPERTINO IKF. I Dropping Partner: Yes.~ No ~ License Type Transaction Type Fee Type Master Dup Date Fee 4'/ ON-SALE GENERAL l PERSON TO PERSON TRANSF P40 Y 0 1 I / 0 $ / 01 $ 1,250.00 4'/ ON-SALE GENERAL ] ANNUALb'F_,E P40 Y 0 i 1/05/0 1 $?24.00 Total $1,974.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shell be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to bc violated any of thc provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: November 5, 2001 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of thc applicants, or an. exacutivc officer of the applicant corporation, named in the foregoing application, duly antho~zed to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of thc above statements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect imerest in the applicant or applicant's business ~* be conducted under the license(s) for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more then ninety (90) days preceding the day on which the transfer application is filed with tho Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of tmnsfcrur:, (5) that the transfer application _may be withdrawn by either the applicant or the licensee with no resulting liability to tho Departmcnt. City I-Iai] 10300 Torr~ Avenue Cupertino, CA 95014-3255 Telephone: (40S) 777-3223 FAX: (408) 777-3366 CUP[KTINO kimberlys®¢upertino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~ Meeting Date: November 19, 2001 SUBJECT AND ISSUE Fine Arts Commission recommendations for awarding fmc arts grants in November, 2001. BACKGROUND Twice each year the Fine Arts Commission solicits grant proposals fxom individual artists and arts organizations, and reviews those applications for cultural projects that provide a direct benefit to the citizens of Cupertino. A total budget of $15,000 was authorized by the City Council for the Fine Arts Commission to distribute in the form of grants in FY 2001-2002. One grant of $7,000 was given to the Euphrat Museum of Art in support of their Arts & Schools program, Euphrat Family Day, exhibits in the Euphrat Museum, and teaching tours. In October, the Fine Arts Commission received three other requests for grants: $15,000 Shri Krupa Dance Company $1,980 Janlyn Dance Company $1,500 California Youth Symphony The Fine Arts Commission has asked the Shri Krupa Dance Company to resubmit their application next cycle and to provide more detailed info, cc, atiun about their proposed dance ballet entitled "Gita." The Commission wishes to determine if a sealed-down performance would be feasible, or if a grant from the city could be blended with other contributions to meet the current budget. lqovember 1{), 3001 t~ine Arts Ors. nfs Page The Commission recommends awarding grants to the Janlyn Dance Company and the California Youth Symphony for their projects: · Janlyn Dance Company will present six performances of the program Goblin Market- Dance-a-Poem, a unique blend of poetry, dance, music and gesture at three elementary schools in Cupertino. The program hopes to reach 1,500 school children and their teachers. · The California Youth Symphony will continue to underwrite thc senior outreach program for a total of 600 tickets for the 50~' season of the Symphony. RECOMMENDATION: That City Council approve the Fine Arts Commission's recommendation for the award of frae arts grant funds totaling $3,4800.00 to the Janlyn Dance Company and the California Youth Symphony. Submitted by: Approved for submission: David W. I~app City Clerk City Manager RESOLUTION NO. 01-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING DESTRUCTION OF CERTAIN RECORDS (CITY CLERK) WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 8930 establish rules and regulations for records retention and destruction; and WHEREAS, it has been dete,,-,iined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the depas~ental request for pe.~-~ission to destroy all said records in excess of two years old has been approved by the City Clerk and the City Attorney pursuant to Resolution Nos. 8894 and 8930; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes deslruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torte Avenue CupeRino, CA 950].4-3255 CITY 0[: Telephone: (408) 777-3223 CUPERTINO FAX: (408)777-3366 OFFICE OF THE CITY CLERK MEMORANDUM To: Dave Knapp, City Manager; Carol Atwood, Director of Administrative Services; Thcrese Smith, Director of Parks and Recreation; Steve Piasecld, Director of Community Development; Ralph Quails, Director of Public Works; Sandy Abe, HR Manager; Charles Kilian, City Attorney; Kimberly Smith, City Clerk. From: Grace Johnson, Deputy City Clerk Subject: RECORDS FOR DESTRUCTION Date: October 10, 2001 Listed on the attached sheets are records, which arc in excess of two years old and can therefore be destroyed in accordance with the City's records retention schedule. Please review the list and contact mc if you believe any ofthcsc files arc of historical or administrative significance and should not be destroyed. If approved, a resolution authorizing destruction will be on the council agenda for November 19. City Clerk ~/ ' Date CityAttorney Dat6 NO OBJECTION TO DESTRUCTION: Date Dil~. of Administrative Sendces Date Dh'. o~'Community Dev. ' ' ~ate "Dir. 0'fParks & Recreation Date '_,: Vir. of Public Works {~ . I~o; ~Date I, IR Manager Date Eucls: Boxes 1-5; FAC RESOLUTION NO. 01=237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "CRESTON DRIVE 01-06", PROPERTY LOCATED ON THE NORTH SIDE OF CRESTON DRIVE BETWEEN BAXTER AVENUE AND GROVELAND DRIVE; APPROXIMATELY 0.245 ACRE, LIM (APN 326-11-006) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.245_+ acre on the north side of Creston Drive (APN 326-11-006) has been filed by property owners Thomas C. Lim and Sulia A. Lim; and WHEREAS, on October 15, 2001, the City Council adopted Resolution No. 01- 221 initiating proceedings for annexation of the area designated "Creston Drive 01-06"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 5683'/ provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 5675? of the Government Code for the annexation of property designated "Creston Drive 01-06", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: Resolution No. 01-237 Page 2 a. That said territory is uninhabited and comprises' approximately 0.245 b. That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy of annexing when providing City services. c. The City Council has completed an initial study and has found that the annexation of said t~,itory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Council on June 17, 1980, enacted an ordinance prezoning the subject territory to City of Cupertino Pre RI-10 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this detemfinatiun. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. That the proposed annexation does not split line of assessment of ownership. k. That the proposed snnexation is consistent with the City's General Plan. 1. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. m. That the territory to be annexed is contiguous to existing City limits under provisions of thc Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 56837 et seq. of the Government Code. 2 llesolu6on lqo. 01-237 Page a That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19'~ day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 3 ANN~7,~TION TO TI~ CITY O~ CUPE~INO, CALI~ORNI~ CRESTON' DRIVE 01-06 All that certain real property situated in the County of Santa Clara, State of California, being all of Lot 4 as shown upon map of Tract No. 1180, filed on August 18, 1953 in Book 44 of Maps page 53, Santa Clara County Records, described as follows: Beginning at the Northwesterly corner of said lot on a Southerly line of that certain annexation to the City of Cupertino, California, entitled "Homestead No. 3-C-REVISED", said southerly line being referred to as ...~'Southerly line of that certain 10 acre tract of land conveyed to Eli Gasich and Catherine Gasich by Deed recorded August 21, 1942 in Book 1110 Official Records Page 243, Santa Clara County Records" in said Homestead Annexation~ Thence along the Northerly line of said Lot also being the southerly line of the aforementioned Annexation S85°42'10"E 80.00 feet to the Northeasterly corner of said Lot; Thence leaving said lines and along the Easterly line of 'said Lot 4, S4°17'50"W 133.50 feet to the southeasterly corner thereof on the Northerly l~ne of Creston Drive, 60 feet w~de, as said Drive iS shown upon said Tract~ Thence along the Southerly line of sa~d Lot and said Northerly line of Creston Drive, NSB°42'10"W 80.00 feet to the Southwes- terly corner thereof; Thence along the Westerly line thereof, N4°lT'50"E 133.50 feet to the point of beginning. Containing 0.245' of an acre, more or less. Date: June 13, 2001 AP N: 326-11-006 Address: 22431 Creston Drive Pr.pared by: E.3. Hahemian, C,v~l Engineer RESOLUTION NO. 01-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "ALCAZAR AVENUE 01-01", PROPERTY LOCATED ON THE SOUTH SIDE OF ALCAZAR AVENUE BETWEEN BYRNE AVENUE AND ALMADEN AVENUE; APPROXIMATELY 0.2088 ACRE, LEWIZKY (APN 3S7-1~.036) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Alcazar Avenue 01-01" fi'om property owners, Jury and Carolyn Lewizky; and WHEREAS, the property, 0.2088+ acre on the south side of Alcazar Avenue between Byme Avenue and Almaden Avenue (APN 357-14-036) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to City of Cupertino Pre R1-7.5 zone; and WHEREAS, the City of Cupertino, as Lead Agency for enviwnmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be eunduefing authority for a reorganization including an annexation to the City; and WHEREAS, Government Code Section 56837 pwvides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; It-[ llesolufion lqo. 01-221 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation pmceed/ngs and will consider annexation of the territory designated "Alcazar Avenue 01-01" and detachment from the Santa Clara County Lighting Service District at their regular meeting of December 17, 2001. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 EXHIBIT "A" ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA ENTITLED "ALCAZAR AVE. 01-01" All that certain real property situated in the County of Santa Clara, State of California, being a portion of Lot 134, as delineated upon that certain Map entitled "Map of Subdivision "A" Monta Vista", filed on April llth, 1917 in Book P of Maps, at Page 20, Santa Clara County Records, more particularly described as follows: Beginning at the intersection of the Westerly line of said Lot 134 with the Southerly line of Alcazar Avenue, 40 feet in width as shown on the above referred to Map, said point being the corner common to the "Alcazar Ave. 81-01", "Alcazar Ave. 89-07", and the "Alcazar Ave. 98-04" annexations to the City of Cupertino; Thence along said southerly line of said Alcazar Avenue, and along the southerly line of annexation "Alcazar Ave. 81-01" East, a distance of 100.15 feet to the westerly limit of annexation "Alcazar Ave. 80-49"; thence southerly along the westerly line of "Alcazar Ave. 80-49" South, a distance of 90.82 feet to a corner, common to the "Alcazar Ave. 80-49", "Dolores Ave. 82-02", and the "Dolores Ave. 97-04" annexations; thence westerly, along the northerly line of annexation "Dolores Ave. 97-04" West, a distance of 100.15 feet to the eastely limit of "Alcazar Ave. 98-04" annexation; thence northerly along the easterly line of annexation "Alcazar Ave. 98-04" North, a distance of 90.82 feet to the Point of Beginning of this description. Containing 0.2088 acres, more or less. Date: April 25, 2001 APN: 357-14-036 Revised: October 25, 2001 ~_~,~'~_~. RESOLUTION NO. 01-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING WEEDS, BRUSH, AND DEBRIS ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, weeds and brush are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds and brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds and brush constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds, brush, and debris do now constitute a public nuisance; 2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the Fire Marshal and attached hereto; 3. That the 17th day of December, 2001, at the hour of 6:45 p.m., or as soon thereaiter as the matter can be heard, at the Council Chambers in thc City Hall, City of Cupertino, is hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds, brush, and debris may be heard; 4. That the Senior Building Inspector-Fig Marshal is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and fo, m provided in Sections 9.08.040 of the Cupertino Municipal Code. Resolution No. 01-13~) Page 2 PASSED AND ADOPTED at a regular meeting o£the city Council o£the City oF Cupertino this 19thday of November, 2001, by the followin§ vote: Vote Members of the Cit~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3210 Cl'['/OF FAX: (408) 777-3366 CUP R!INO Website: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number [3 Agenda Date: November 19, 2001 SUBJECT AND ISSUE: Staff received a request from the Pacific Scribes for waiver of use fees for its Holiday Card Exchange at the Quinlan Community Center on December 7, 2001. BACKGROUND: The Pacific Scribes is a calligraphy group of approximately 70 active members. The Card Exchange is open to everyone. Calligraphers and students of all levels take this opportunity to share their talents. There is no charge for this event. The organization will be responsible for $46.00 in staff costs. Pursuant to the City of Cupertino's facility use policy, adopted by the City Council, a Cupertino based non-profit organization providing a service to benefit the community shall receive a waiver of fees relative to their event. The sponsoring organization pays the cost of staff and janitorial services and meets insurance requirements. STAFF RECOMMENDATION: Staff recommends that City Council waive the room rental fees in the approximate amount of $134.00 for the Pacific Scribes Holiday Card Exchange on December 7, 2001. SUBMITTED BY: APPROVED FOR SUBMISSION: ~ th Drector ~ Therese brosi Smi , i David Knapp, City Manager Parks and Recreation PriotodonFIocj/ctoclPapor [~ 13-;_ City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 7'/'/=32110 CITY OF FAX: (408) 77%3366 CUPERTINO Website: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Nmber ~ Agenda Date: November 19, 2001 SUBJECT AND ISSUE Staff received a request fxom the Fine Arts League of Cupertioo to waive the fee for their Open Studios event on April 27 and 28, 2002. BACKGROUND The Fine Arts League of Cupertino is holding their Open Studios event at Blackberry Farm April 27 and 28. There will be about 20 artists with booths showing and selling for two days. Pursuant to the City of Cupertino's facility use policy, adopted by the City Council, a Cupertino based non-profit organization raising funds to benefit the community shall receive a waiver of fees relative to their event. The sponsoring organization pays the cost of staff and janitorial services and meets insurance requirements. STAFF RECOMMENDATION Staff recommends that City Council waive the facility use fees in the approximate amount of $1,920.00. SUBMITTED TO CITY COUNCIL BY: APPROVED FOR SUBMISSION BY: Parks and Recreation Marie Preston To: Michael O'Dowd Subject: RE: Fine Ar~ League thanks - I'll be in touch with the draft letter for your review. Marie Preston, Admin. Secretary Cupertino Parks and Recreation 10300 Torre Avenue Cupertino, CA 95014-3255 Off: 408-777-3110 Fax: 408-777-3366 .... Original Me~,age--- From: Michael O'Dowd Sent: Wednesday, October 31, 200! 10:54 AM To: Marie Preston Subject.: RE: Rne Arts League Marie, We really have no idea of how many people will attend. I11 assume 20 artists and 100 visitors each day. 240 x $8.00= $1,920.00 Total We will throw in the Retreat Center usage for free. I hope this is the info you need. Mike ----Original Message--- From: Made Preston Sent: Tuesday, October 30, 200! 3:,16 PM To: Michael O'Dowcl Subject: RE: Rne Arts League In the report to City Council, I will need the dollar amount that is being waived. Forward this info when you can. Thanks. Marie Preston, Admin. Secretary Cupertino Parks and Recreation 10300 Torre Avenue Cupertino, CA 95014-3255 Off: 408-777-3110 Fax: 408-777-3366 ---Original Message---- From: Michael CYDowd Sent: Tuesday, October 30, 2001 2:29 PM To: Marie Preston Subject: Rne Arb; League Marie, I have reviewed the request by the Fine Arts League to use Blackberry Farm for their "Open Studios" event on April 27 and 28, 2002. Blackber~ Farm Picnic Grounds and Retreat Center are available and have been reserved for them. It is my recommendation that the fees be waived. Call me if you have any questions. Mike lo/31/ot 1 Marie Preston From: Michael O'Dowd Sent: Tuesday, October 30, 2001 2:29 PM To: Marie Preston Subject: Fine Arts League Marie, I have reviewed the request by the Fine Arts League to use Blackberry Farm for their "Open Studios" event on April 27 and 28 2002. Blackber~ Farm Picnic Grounds and Retreat Center are available and have been reserved for them. It is my recommendation that the fees be wa ved. Call me if you have any questions. Mike lO/3O/Ol 1 Director of Parks and Rec 10300 Torre Ave Cupertino, 95014 Dear Therese Ambrosi-Smith This is a request to wave the fee for a function to be given by the Fine Arts League of Cupertino on April 27and 28 at Blackberry Farms. We would like to participate in the Open Studios function that is held throughout the County of Santa Clara. There will be about 20 artists with booths showing and selling for the 2 days. There is a need to be able to set up the booths if possible on Friday the 26th and store the paintings in a secure building overnight on Saturday we would break down and be gone on Sunday. I am a member of FALC and can be reached during the day at 408-554-7950 and home # is 255-8777. It is best to call me at work. Thank You for yourS. Maralyn Smith City Hall 10300 Torr~ Avenue Cup~rtino, CA 95014-3255 Telephone: (408) 777-3210 CIIY OF FAX: (408) 77%3366 CUPERTINO Wcbsit~: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number 15' Agenda Date: November 15, 2001 SUBJECT AND ISSUE: Staff received a request from the Optimist Clubs of Cupertino and De Anza/Cupertino for waiver of use fees for an awards ceremony held at the Quinlan Community Center on Thursday, November 8, 2001. BACKGROUND The Optimist Clubs of Cupertino and De Anza/Cupertino, in cooperation with the Optimist Clubs of Los Gates, Miracle Mile/San Jose, Santa Clara and Saratoga will be recognizing local young people who give service to their schools and communities. Two recipients from each of the selected schools will be recognized by their peers, their school administrators, their parents, and local Optimist members. Pursuant to the City of Cupertino's facility use policy, adopted by the City Council, a Cupertino based non-profit organization providing a service to the community shall receive a waiver of fees relative to their event. The timing of the fee waiver request is not addressed in the policies and procedures document. STAFF RECOMMENDATION Staff recommends that City Council waive the room rental fees at the Quinlan Community Center in the amount of $100.00 for the Optimist Clubs of Cupertino and De Anza/Cupertino Awards Ceremony on November 8, 2001. SUBMITTED TO CITY COUNCIL BY: APPROVED FOR SUBMISSION BY: Therese Ambrosi Smi , ire r David Knapp, City Manager Parks and Recreation Prfnted on Recycled Paper I ~-- [ To: Cupertino City Council October 1, 2001 On November 8, 2001, Thursday, the Optimist Clubs of Cupertino and De Anza/Cupertino, in cooperation with the Optimist Clubs of Los Gatos, Miracle Mile/San Jose, Santa Clara and Saratoga will reco~Ttize local youn§ people who ~ive service to their school and community in a very special way. Two recipients from each of the selected schools will be recognized by their peers, their school administrators, their parents, and local Optimist Club members, at an Awards Ceremony at 7:30 P2VI. at the Quinlan Community Center, 10185 North Stelling Road, Cupertino. A prominent, local citizen will be the keynote speaker precedin§ the awards ceremony. We hope that Cupertino will join with Optimist International in proclaiming the week of November 4 - 10, 2001 as "Youth Appreciation Week!' in the City of Cupertino. Each of the participating cities will also be presenting their City Proclamations in honor of the students. I am requesting that the Cupertino City Council waive the fee for the use of the Quinlan Community Center for this event. Thank you for your consideration. Sincerely, V. Dean Skeels Past Governor, Pacific Central District YAW Committee STAFF REPORT Agenda Item Number ~ ~ Agenda Date: November 19, 2001 SUBJECT Skate Mobile (A mobile skate park) BACKGROUND The City Council included $450,000 in the 2001/2002 Capital Improvement Program for construction of a skate park at the Compaq site; however, negotiations for the property are currently on hold. The Skate Facility Ad Hoc Committee is committed to working toward a pemsanent, concrete facility, but has recommended the skate mobile as an interim solution. It is recommended that Council, by motion, approve the purchase of portable equipment in an amount not to exceed $41,000 from the skate park capital improvement fund, waive competitive bidding, and provide direction as to whether or not fees should be charged for use. A vendor in Hollister, California, Harrisbuilt, builds steel ramps and other pieces to accommodate inline skaters and skateboarders. Harrisbuilt has brought the equipment to Cupertino and demonstrated its use to the Skate Facility Ad Hoc Committee and city staff. The pieces are intended to be mobile; the larger pieces are on trailers with a hydraulic-lift system that allows them to be lowered over the wheels after the ramps have reached their destination. The system allows set-up within minutes. The pieces are constructed of 2" x 2" square tubing and sheeted with 10-gauge steel. We are proposing the acquisition of five large pieces that can be towed using city vehicles. Smaller pieces (launch ramps, grind box and rails) are lightweight; city staff can transport them in pickup tracks and manually place them in minutes. The proposed park will consist often pieces that will appeal to various skill levels. The proposed park has been quoted at $40,020, which includes the acoustical treatment and side paneling to baffle sound, product delivery, and training on maintenance and operation. The proposal from Harrisbuilt is attached. Staff has looked at a number of portable products on the market, but has not found an option that is so easy to tow and set up. Harrisbuilt can construct the pieces selected for Cupertino within six to eight weeks. Pursuant to Section 3.23.130 of the Cupertino Municipal Code, E. Meaningless Bids. "Where the nature of the subject of the contract is such that competitive proposals would not produce an Printed on Rec'ycled Paper I ~ ~ l Skate Mobile November 19, 2001 Page 2 of 3 advantage when the advertisement for competitive bidding would be undesirable, or impractical...", the project can be exempt from the City's competitive bidding requirements. The project is below the formal bidding amount; however, staff is concerned that it will not be possible to get three equivalent info/-iiial quotes to meet the requirements of the informal bidding process. Staff is requesting that Council waive competitive bidding as allowed under Section 3.23.130 of the Cupertino Municipal Code. DISCUSSION Advantages of the skate mobile include: · Low cost - a skate park can be provided for just over $40,000 · The skate mobile will use existing parking lot spaces under a schedule that will not impact other users of public facilities · The skate mobile will limit the impacts to any one neighborhood in the community and will be accessible to more youths as the park rotates around town · Skaters will benefit from various layouts - not the same thing every day · Skaters will have a safe, supervised place to skate in six to eight weeks (once approved and the order is placed) · The equipment is low maintenance - just paint once a year to enhance the appearance (approximate cost of ann~sl maintenance - $300400) · Pieces can be made available for community events, camp programs, and possibly block parties LOGISTICS Staffis working on a schedule for the skate mobile that would allow it to operate approximately three to four days per week, depending upon the availability of parking lots. During non-school days/vacations, the service level would increase. City locations are preferred so that participants will have access to restrooms, water, and telephones. The skate mobile will be stored at the Service Center, and part-time city staff will transport the equipment to designated locations. Monthly schedules highlighting the locations will be posted on the City's website and calendars will be distributed to schools. FISCAL IMPACT Staff budgeted for staffing at the Compaq skate park for six months, so funds are available within the 2001/2002 budget for this project. However, Council never addressed the issue regarding whether user fees should be charged. · Option A: Participants skate free and funds for maintenance, staffing, and transporting the equipment are subsidi?ed from the General Fund at a cost of $4$,000/annually (this is based on 20 programs hours per week with four staff members); or gkate Mobile November 19, 2001 Page 3 of 3 · Option B: Participants are charged a user fee to generate approximately $30,000 (based on 50 participants/four times a week at $3.00/person) RECOMMENDATION It is recommended that the City Council: · Approve the use of $40,020 from the Capital Improvement Fund for the purchase of skate mobile equipment · Waive competitive bidding pursuant to Section 3.23.130 of the Cupertino Municipal Code · Authorize the skate park staff'Lng froLn the General Fund; there would be no fees charged to the participants for use of the skate mobile. Funding for six months of operation is available in the FY 2001/2002 operating budget. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Therese Ambrosi Smith, Director David Knapp, City Manager Parks and Recreation g:\parks md r~c~etion admin~skatc park~taff~cport ! 11901.doc Hov 09 O! 0~=36p Cupertino P&~k~ & Rec. (40B}???-3137 po1 Submitted to: Cio/of Cupertino C~'istinc Hanel ?hone No. Work to be performed by: Harrisbuilt 1133 San Felips Rd. Hoilister Ca 95023 Contact: Anaea Molnar or Dan Harris Phone No. (408)848-6776 Date: November 8, 2001 Re: Cupertino Mobile Skate Park We hereby propose to furnish the materials and tx~rform the labor necessary for the completion of the proposed mobile skate park Thc proposed park will consist of ten pieces, including, two quarter pipos, one spine, onc double bank, one table top / mil in combo, two Almnalannch~s, two grind m/Is, and one grind box. General fabrication description All pieces with the exception of the Alumalaunobes will Ix: consmicl~ with 2' x 2" square tubing and shewed with 10 gauge stecl. The double bank and the table top / roll in ramps will feature our exclusive tongue ejection system that enables thc ramps to be set up in about 15 scconck The qualtcr pipes and spine cannot usc the tongue ejection system due to their relative size, however, they utilize a system that allows them to be set up in a similar lime frame. All ramps will be coated with a specially formulai~l ramp surfacer. Quality Guarantee All riding surfaces will be fr~ of any hazardous bolts, screws, or rivets. Lifetime st~dci3]ral wananty applies to all framework and .qhect surface. Lifetime warmflty on labor. One year manufacture warranty on all hydraulio mad eleetrio oomponents. Follov,~d by a ten year pro rated wananty at 10% per year. Time Guarantee Upon acceptance of proposal peak will be complctcd and delivered within six wecks. Price for Cupertino Mobile Slate Park All material is ~,!ranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for the above work and completed in a substantial workmanlike manner for the sum of forty thousand and twenty dollars ($40,020.00) with payments to be made as follows; 50% or $20,010.00 upon acceptance of proposal. Final payment of 50% or $20,010.00 is due upon delivery and satisfaction of outlined park pieces. Thank you for considering Harrisbuilt Sincerely, Dan Iqarris Nov 09 01 04:37p Cupertino ParKs & Rec. (408)777-3137 DE~CRIFrION Ol~ RAMl~ l) QUARTER PI~E: This piece will be 8'wide x 4' tall x 11' long. It will have a 4' x 8' standing plsfform with a handrail that is 3.5' tall. 2) 81qNE: This piece will be 8' wide x 3' tall x 10' long 3) QUARTER I~IPE: S~ description #1. 4) DOUilLE BANI~ This piece will be 8' wide x 3'tall x 20' long, It will have 20-30 degree bank.~ on both sides. This piece also includes a kinked grind box the entire length on one side and a grind rail the entire length of the opposite side 5) TABLE TOF / ROLL IN COMBO: This unique piece will be 8' wide x 4' tall x 25' long. 6) GIIIND RAIL; This pi~c~: to be 12' long wiltt an adjustable height of 12"-18". This piece will have a 2" sqo~= top. Total price grind rail $180.00. 7) ALUMALAUNCH: This is a 2' wide x 1' tzll x 4' long hunch ramp pressed out of aluminum 8) ALUM/iIAUNCH: See description #6. 9) GRIND RAH,: This piece will be 8' long with an adjustable height of 12'-18". This pi~e will h~vc a round top. 10)GRIND BOX: This piece will be 2' wide x 1' tall x 8' long. l& CU PE INO De.a.me. of Public Works Summary AGENDA ITEM ~'7 AGENDA DATE November 19, 2001 SUBJECT AND ISSUE Authorizing Nextel Communications to sublease Site No. CA-2151 at City of Cupertino Maintenance Yard to Metro PCS, Inc. BACKGROUND On June 19, 2000, the Council approved a five year Antenna Site Lease Agreement with Nextel Communications for the installation of mobile/wireless communication facilities at the Cupertino Service Center. Prior to Council approval of the agreement Nextel received approval t~om the Planning Commission for a use p~msit to install a tree pole and collocate the existing Pacific Bell Wireless facilities on the pole. Nextel was not successful in securing an agreement from Pacific Bell to collocate on their new pole so they decided to alter their current use permit. The Planning Commission at its September 25, 2001 meeting approved a modification to the use permit to install a tree pole and to collocate Metro PCS on the pole. Pacific Bell will be allowed to keep their pole at the site. Nextel is seeking permission to sublease space on the approved pole to Metro PCS in accordance with the lease agreement. Nextel would continue to be liable for the performance of all covenants, terms and conditions including, but not limited to the payment of rent, maintenance of insurance, indemnification, and repairs, utility costs, waste and destruction contained in the Antenna Site Lease Agreement. STAFF RECOMMENDATION Adoption of a resolution authorizing Nextel Communications to sublease Site No. CA- 2151 at City of Cupertino Maintenance Yard to Metro PCS, Inc. Submitted by: Approved for submission: Ralph A. Qualls, Jr. David W. g. napp Direetor of Public Works City Manager PrintedonRecycledPaper t~--,I 'RESOLUTION NO. 01-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHOR~7.ING N-EXTEL COMMUNICATIONS TO SUBLEASE SITE NO. CA-21 $1 AT CITY OF CUPERTINO MAINTENANCE YARD TO METRO PCS, INC. WHEREAS, on June 19, 2000, the City Council approved an Antenna Site Lease Agreement with Nextel Communications for the installation of mobile/wireless communication facilities at the Cupertino Service Center (Site No. CA-2151); and WHEREAS, on September 25, 2001, the Planning Commission approved a modification to the use permit to install a tree pole and to collocate Metro PCS California/Florida, a Delaware Corporation, on said pole; and WHEREAS, Nextel seeks permission to sublease space on thc approved pole to Metro PCS and agrees to continue to be liable for the performance of all covenants, terms and conditions of the Antenna Site Lease Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes Nextel Communications to subleasc space on thc approved polc at Site No. CA-2151. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19t~ day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 CUPEILTINO (408) ???-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 1 ~ AGENDA DATE November 19, 2001 SUB$ECT AND ISSUE Award of construction contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to the County Park Entrance, Project No. 98-120 to the Iow bidder in the mount ors 972,629.10 and approval of a construction contingency of $100,000.00 for a total of $1,072,629.10. Ratification of the Agreement with Br/an Kangas Foulk for Engineering Services for Stevens Canyon Road Widening Project and encumbrances in the total amount of $ 228,850.00; and Approval of an additional encumbrance in the amount orS 158,735.00 for additional Engineering services for the construction phase of the project for a total contract and encumbrance of $ 387,585.00. Authorize the use of $ 75,000.00 from the General Fund to complete this project. BACKGROUND At the October 15, 2001 Council meeting the Director of Public Works was authorized to award the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to the County Park Entrance, Project No. 98-120 to the low bidder in an amount not to exceed $950,000.00. It was understood that if the low bid plus contingency exceeded that amount staff would report back to Council with appropriate recommendations. Re~ort of Bids Received On October 30, 2001 the city received bids from six (6) contractors for this project. The low bidder is O.C. Jones & Sons, Inc. in the amount of $ 972,629.10. A construction contingency of $100,000.00 is requested for unforeseen conditions and additional work as requi~xl during the course of the work. The low bidder is appwximately 17% above the engineers estimate. Staff has met w/th the contractor and evaluated the bid prices and is satisfied the Iow bid represents a reasonable price for the work. The following is a summary of bids received for project: Bidder Base Bid Duran & Venables, Inc. $ 2,383,580.50 O'Grady Paving, Inc. $1,346,989.00 Granite Rock/Pavex $1,259,439.00 E1 Camino Paving, Inc. $1,145,855.50 RGW Construction, Inc. $1,113,708.00 O.C. Jones & Sons, Inc. $ 972,629.10 Engineer's Estimate $ 829,744.00 As noted above staffis recommending award of the contract to the low bidder, O.C. Jones & Sons, Inc. Engineering Consultant Services In accordance with Council direction at the time, in December 1999 an agreement was approved with Brian Kangas Foulk for the engineering services for Stevens Canyon Road Widening Project with compensation provided in the total amount of $163,600.00 for consultant services. Since that time, three additional encumbrances totaling $65,250.00 were approved for various additional services not provided for in the original contract, but necessary for the completion of the project. Most of the additional services relate to the redesign that was directed by the Council after the first bidding process. The current encumbrances for Engineering services from Brian Kangas Foulk are as follows: Original Encumbrance $163,600.00 Additional Encumbrance No. 1 6,750.00 Additional Encumbrance No. 2 3,200.00 Additional Encumbrance No. 3 55,300.00 (Redesign services) Total Approved Encumbrances $ 228,850.00 As the above services were acquired at Council direction, staff is recommending that the Council ratify the original agl~ement and the previously approved encumbrances as noted above. Additional Engineerinl~ Consultant Services Beyond the services noted there has arisen the need for additional services for the engineer, for which the engineer is would be entitled to additional compensation in accordance with the agreement. There are three areas of activity for which the Engineer has been requested to provide services as follows: 1. The redesign and additional engineering services to design a storm drain system in the County Park as required by the County and thc filYmg of a record of survey required more additional time and consultant effort than expected. 2. The Bidding process for the second bid (i.e., the most current) was not included in the original agreement and thcy havc complcted this phase of thc project. 3. The Construction administration for the project was not included in the original agreement and if the project is awarded this phase of work will start. Items 2 and 3 above were authorized by the Public Works Director in accordance with Council direction to proceed with re-bidding of the project and that work has been completed. Item 3 above is work that will begin following award of the contract. A summary of these additional proposed encumbrances are as follows: 1. Redesign, mapping and additional drainage design $ 35,700.00 2. Bidding Process 800.00 3. Construction Administration 122,235.00 Total Additional Encumbrance Proposed S 158,735.00 If approved the total original contract and encumbrances would be $ 387,585.00. The City Council approved $1,200,000.00 for this project in FY2001-2002 as part of thc current Five Year Capital Improvement Program. Due to the low bid being higher than expected the total project will cxceed the amount allowed in the CIP by the following: Engineering Services $ 158,735.00 Special Inspection and Testing $ 41,265.00 Construction and Contingency $1,072,629.10 TOTAL PROJECT COST $1,272,629.10 The total project cost is $ 72,629.10 over the amount is the CIP therefore it is proposed that the Council authorize the amount of $ 75,000.00 be allocated from the General Fund to complete this project. Easements and Property Issues It should be noted that there still several minor easements (for roadway and drainage facilities) yet to acquired, primarily in the vicinity of the county park. Staff is working diligently to complete these transactions and expects closure on those easements no later than December. That being the case, it will not interfere with award of the contract or proceeding with the work. The contract has within it what are known as "work around" provisions which allows the contractor to "work around" those issues until they are resolved. Traffic Issues As Council has been aware, this portion of Stevens Creek has some points where sight distance and curves in the roadway create potential problems if traffic, particularly truck traffic is moving too fast through this area. Staff would therefore suggest that the Council provide direction to staff to study this issue in the course completing the construction project and report back to Council in early 2002 with appropriate recommendations. STAFF RECOMMENDATION Adoption of a Resolution awarding the construction contract for the Street Widening Project for Stevens Canyon Road from Santa Lucia Rd. to the County Park Entrance, Project No. 98-120 to the low bidder in the amount of $ 972,629.10 and approval of a construction contingency of $ 98,000.00 for a total of $1,072,629.10. Adoption of a Resolution Ratifying the Agreement for Engineering Services with Brain Kangas Foulk and current encumbrances in the Amount of $ 228,850.00 for the Stevens Canyon Road Widening Project and Approving an addition encumbrancc of $158,735.00 for additional services for a total contract and encumbrance in the amount of $ 387,585.00. Adoption of a Resolution authorizing the allocation of $ 75,000.00 from the General Fund to complete this project. Request that staff review traffic issues on the portion of Stevens Canyon Road from Santa Lucia to the entrance to Stevens Creek County Park roadway and report back to Council with appropriate recommendations in early 2002. Submitted by: Approved for submission: Ralph A. Quails, Jr. ~/ David W. Knapp Director of Public Works ~ City Manager RESOLUTION NO. 01-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER CUPERTINO COMMUNITY SERVICES, 20235 STEVENS CREEK BOULEVARD, APN 316-24-008 WHEREAS, there has been pre~ented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Cupertino Community Services, for the installation of certain municipal improvements at 20235 Stevens Creek Boulevard and said agreement having been approved by the City Attorney, and Developers having paid the fees a~ outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agr~ment on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19t~day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 01-241 Page 2 EXN~IT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Cupertino Community Services LOCATION: 20235 Stevens Creek Boulevard, APN 316-24-008 A. Faithful Performance Bond: Off-site: $ 58,400.00 On-site: $ 44,588.00 FIFTY-EIGHT THOUSAND FOUR HUNDRED AND 00/100 DOLLARS FORTY-FOUR THOUSAND FIVE HUNDRED EIGHTY-EIGHT AND 00/100 DOLLARS B. Labor and Material Bond: Off-site: $ 58,400.00 On-site: $ 44,588.00 FIFTY-EIGHT THOUSAND FOUR HUNDRED AND 00/100 DOLLARS FORTY-FOUR THOUSAND FIVE HUNDRED EIGHTY-EIGHT AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 5,150.00 FIVE THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 1,293.00 ONE THOUSAND TWO HUNDRED NINETY-THREE AND 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item #23 of agreement RESOLUTION NO. 01-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS WILLIAM J. GIGNAC AND NANCY L. KEDER, 10255 HII.LCREST ROAD, APN 326-16-008 V~rIEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, William J. Gignac and Nancy L. Keder, for the installation of certain municipal improvements at 10255 Hillcrest Road and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19*~day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 01-242 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: William J. Gignac and Nancy L. Kedor Single Family Home LOCATION: 10255 Hillcrest Road A. Faithful Performance Bond: Off-site: $ 7,000.00 SEVEN THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: Off-site: $ 7,000.00 SEVEN THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 1,670.00 ONE THOUSAND SIX HUNDRED SEVENTY AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 500.00 FIVE HUNDRED AND 00/I00 DOLLARS F. Storm Drainage Fee: G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvffs-~ent PIAn~: As specified in Item #23 of agreement RESOLUTION NO. 01-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM WILLIAM $. GIGNAC AND NANCY L. KEDER, 10255 I-]TLLCREST ROAD, APN 326-16-008 WHEREAS, William $. C-ignac and Nancy L. Keder have executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 10255 Hillcrest Road. NOW, THEREFORE, BE IT RESOLVED that thc City of Cupertino accept said grant so tendep~l; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19e" day of November, 2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CityHaH 10300 Torte Avenue 95014-3255 Cup~o, C~n8)~ 777-3262 CITY OF FAX: (408) 777-3366 CUPEILTIN0 SUMMARY Agenda Item ~ Date: November 9, 2001 Subjeet: Recommendation for 2001-'02 Human Services funding program Background: Last year, the City Council approved a funding policy for the Human Services prognun, which included set funding levels for each of the six agencies that have traditionally participated in the program. This is the second year of this funding foi~ula, which is based on funding received last year, plus an arm,n! CPI increase. All recommended organizations provided services ns required by existing agreement. Without additional Human Services funding, new applications were not sought to supplant or replace existin~g services. The six agencies submitted applications for the exact amount of money the city has allocated, thus no adjustments to the budget are needed. Below is a chart comparing last year's funding program with this year's requests. 2000 Allocation 2001 Bud0et Cupertino Community Services $52,200 $54,000 Cupertino Senior Day Services $20,528 $21,200 Longterm Cam Ombudsman $4,755 $ 4,900 Outreach $10,440 $10,800 Second Harvest Food Bank $5,220 $ 5,400 Support Network $5,742 $ 5,900 TOTAL: $98,885 $t 02,200 Reeommend~tion: Approve the 2001-'02 Human Services funding program as described above. Rick Kitson David Knapp Public lnfox~tion Officer City Manager HUMAN SERVICES FUNDING PROGRAM CUPERTINO A P P L I C A T I 0 N Cupertino Community Services: Funding Available: $54,000 10,[85 N. Ste111ng Road, Cupertino, CA 95014 JaclYn Phuong Contact personfdfle ' Telephone number 408-255-8033 Ifyou am'applying for less tkanthe available amount, how much is this proposal for? $ · Using additional sh¢c~ of paper, please respond to the following: 1. How wgl city funds be used? (Please be Sl~Zific as to how the Cupertino ~mltyis largeag.) 2. Please provide a c~;~,;led description ofhow city fimds we~ used last year, and how the fu~;-_o 3. Along with this application fonn, plato submit a budget summary ofyour otlg~.~.t;on. · a copy of the agency by-laws .. · A currant list ofth~ agancy'a board ofdire~ra ., A l~or from ~ IR~ 9tatln~ tho l~.~g~,l,pt ~tti8 ortho~ · A copy ofth~ agency in~a_ aanc~ poli~/ccrtifica~ ofimmancc The applicant her~by PrOposes to pravide the services in accordance with the Human ~ervices. policy of the city of Cupertino as stated in this proposal. !f this proposal is approved and funde~ .it is · . agreed tkat relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be ___ad!temd to. Furthermore, as duly maitorlged representatlye of the applicant orga~lza- · tiotg the applicant isfullYcapable of fulfilling itsobltgatton under thisproposal as stated hereitt This application and.the information contained ~te.to the best of my knowledge.. . . .. . -... ....: CUPERTINO COMMUNITY SERVICES, INC. CITY OF CUPERTINO HUMAN SERVICES FUNDING APPLICATION 2001-2002 How will city funds be used ? Cupertino Community Services, Inc. (CCS) serves the City of Cupertino by providing basic social services and housing services to extremely low to low income community members, including students and families fxom Dc Anza College and Cupertino Union School District. CCS also provides opportunities for community members and youths to volunteer and work towards making Cupertino a great place to live for all residents. The City of Cupertino fund will be used for operational support for all of CCS programs, which include Comprehensive Family Assistance Program, Rotating Shelter, Transitional Housing, and Below Market Rate Housing. How were city funds used l~st year and how did the finding help meet program needs? During the 2000/2001 fiscal year, the agency provided the following services through the effective use of paid staff and volunteers: · Provided $121,174.56 in direct financial assistance to prevent evictions and utility shut-offand alleviate other emergency needs. This is an a 19% increase over the previous fiscal year. · Distributed 141,130 pounds of food to clients with documented needs. · Received and distributed $370,593 worth of in-kind donations, such as meals for the men in our homeless shelter, clothing, automobiles and holiday programs. · Coordinated 3,239 hours of volunteer services to benefit the community. As a Salvation Army Service Center, CCS administered direct assistance vouchers for such necessities as gasoline, bus passes, shelter, eyeglasses, medicine, and school and work shoes. We also participated in PG&E's Reach Program for the worldug poor. In collaboration with the Council of Churches Faith in Action group, CCS provided 78 homeless men with food, shelter, assistance with transportation and intensive case management via the Cupertino/Sunnyvale/Saratoga Rotating Homeless Shelter Pwgram. Congregation and community members provided shelter guests with a warm, home-cooked meal each night, as well as provisions for breakfast and lunch. The Program Manager met weekly with each guest to provide intensive case management, and to ensure that each guest is making progress on his goals. The Shelter Program had a 85% success rate with graduates finding employment and permanent housing. CCS administers thc Below Market Rate program for thc City of Cupertino. We screened and placed clients in 72 units. We currently have 80 people on the waiting list. By assisting applicants and placing community members in reduced rate rental units, we were able to help residents who otherwise could not afford to live in thc area. The CCS Transitional Housing Program provided shared housing for successful graduates of the Rotating Shelter Program and for homeless women with children. Clients also received intensive case management and life skill training in order to become self sufficient and stabilized. The Transitional Housing program served 27 men, women and children in fiscal year 2000-2001. CLIENTS SERVED CCS served 450-500 clients every month. by FAMILY TYPE by CITY Single Men & Children 2% Other ~ 14% / ~-, Single Women & / ~ Single Met/ Children / - Cupertino 20% 32% Los Gates 3'1% 8% / 4% Couples / ' '17% ~./ ~oup~es .,~,= Women ~ _// 8% 21% San Jose 43% by ETHNICITY Native Ot~er American 8% Af~an American/ ~% 21% Cupertino Community Services, Inc. Agency Budget 2001/2002 ~, I TOTAL INCOME Total Foundations 101,715 Total Government I 344,779 Total Corporation 30,000 Total Individuals & Groups 58,134 Total Events ] 87,000 Total Earned Income Relmb 58,580 Capital Campaign 05,065 Inldnd ; Rent I 24,000 GRAND TOTAL INCOME I 790,193 EXPENSES PERSONNEL Total Salades 418,300 Total Benefits 83,588 TOTAL PERSONNEL 501,888 OPERATIONAL EXPENSES based on % salaries Professional Fees 5,000 Audit 5,000 Insurance 7,000 Telephone 5,000 Printing/Publications 6,580 Office Supplies i 7,580 Postage I 3,580 Equipment & Maintenance ! 4,500 Board Expense [ 1,000 Fees & Memberships ~ 800 Public Relations 2,000 Bank Charges 700 Accrued Moving Expenses 10,000 Depreciation 7,000 Rent (Inkind) 24,000 TOTAL OPERATIONAL 88,500 PROGRAM EXPENSES Mail Appeals 2,000 BBQ FIR Expenses 30,000 Auto.Insurance 1,000 Auto- Maintenance 3,000 Client Assistance 88,400 Tax & Uceness 1,580 Maintenance 10,000 Mortgage (.California Bank) 17,066 Loan Payment (City) 13,840 Accrued Interest ($800/me.) 9,600 Utility-Gas & Electric 10,000 Water/Sewer 1,580 Garbage 1,000 Program Costs 5,358 Staff Exp (Meeting, Training etc.) 2,000 Travel Expense t,000 Volunteer Expenses 2,000 Miscellaneous 600 TOTAL PROGRAM 199,805 TOTAL EXPENSES I 790,193 2001-2002 budget 9/19/2001 4:50 PM 1 CUPERTINO COMMUNITY SERVICES Board of Directors 2001-2002 Howard Bauman, President General Merchandise Director (Ret.) Safeway Stores Tom Hail, Vice President Certified Public Accountant Tom Hall C.P.A. Paula Davis, Treasurer Bxecutive Director Flint Center Sonja Shurr, Secretary Property Manager Cupertino Union School District Jackie Baddeley Ben Liao Geriactric Case Manager Technical Consultant Cupertino Senior Center Hewlett Pack~rd Chuck Corr Richard Lowenthal San Jose Unified School District Vice Mayor Director of Facilities and Construction City of Cupertino Jackie Doyle Dolly Sandoval Owner Trustee Innovation Hair and Nails Foothill/DeAnza College District Phyllis Ishida DDS Dean Skeels Dentist Sr. Recreation Leader City of Cupertino Parks & Frank/jelineh Recreation Attorney Law Office of Jelinch and Rendler Dorothy Stow Community Volunteer Kareen Lambert Marketing Manager /Joe Tembroek Siena Hill Process Analyst Agilent Technologies Michael Lashen Owner Linda Walker Hobee's De Anza Community Volunteer Cupertino Commtmi~..%rvices, Inc. REVISED BYLAWS OF CUPERTINO COMMUNITY SERVICES, INC. July 17, 2001 ARTICLE I - NAME Section 1.1 Name. The name of this Corporation is CUPERTINO COMMUNITY SERVICES, INC.. It is a non- profit, non-stock Corporation organized and existing under the laws of the State of California for the purposes set forth in its Articles of Incorporation. ARTICLE II - OFFICES Section 2.1 Principal Office. The principal office of this Corporation for the transaction of its business is located at I0185 North Stelling Road, Cupertino, and Santa Clara County, California. The Directors may change the principal office from one location to another. The Secretary of these Bylaws shall note any change and this Section may be amended to state the new location. Section 2.2 Other Offices. The Board of Directors may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to do business. ARTICLE III - THE MISSION STATEMENT Section 3.1 Mission Statement. The mission of Cupertlno Community Services, Inc. is to encourage the sharing of community resources; to provide basic human needs in a caring and di~vnified environment; and to provide opportunities for volunteers to participate in Cupertino Community Services' activities. -ARTICLE IV -OBJECTIVES AND PURPOSES Section 4.1 Objectives and Purposes. The objectives of this Corporation will be: (A) To provide emergency services through direct or referral assistance. (B) To support, advocate for and provide affordable housing. (C) To recruit and organize volunteers to provide assistance to the community. (D) To identify and provide services to individuals and groups in need of tailored programs. To raise public awareness and involvement of programs and services offered by Cupertino Community services, Inc. ::.. ¥!r,! Pa~e ! of 9 Cupertino Community Services,/.nc. (F) To provide such services for the extremely low to moderate-income residents of the West Valley area as this Board may deem appropriate. (G) To perform all services of Cupertino Community Services, Inc., without discrimination based on race, national origin, ethnic background, age, disabilities, marital status, gender, sexual orientation, religious preference or veteran status. ARTICLE V - NON-PARTISAN ACTIVITIES Section 5.1 Non-Partisan Activities. This corporation has been for,lied under the California Non-Profit, Public Benefit Law for the charitable purposes described above, and it shall be non-profit and non-partisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation. The Corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for vote. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above. ARTICLE VI - DEDICATION OF ASSETS Section 6.1 Dedication of Assets. The properties and assets of this non-profit Corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any member or director of this Corporation. Upon liquidation or dissolution all properties and assets and obligations shall be distributed and paid over to any organi~.ation dedicated to charitable purposes, provided that the organization continues to be dedicated to the exempt purposes as specified in Internal Revenue code 501(c)(3). ARTICLE VII - BOARD OF DIRECTORS Section 7.1 Number of Directors. A Board of Directors consisting a wlnlm,m of eleven (11) members and up to twenty-one (21) members shall govern the Corporation. The number may be increased only by amendment of the Bylaws of this Corporation. Directors shall serve without compensation other than reimbursement for approved out-of-pocket expenses. Death, resignation or removal as provided in these Bylaws automatically terminates membership on the Board. Section 7.2 Categories of Members. The Board shall have two categories of members: (1) active and (2) advisory. The active members shall be voting members and shall be the goveming body of Cupertino Community sen,ices. Inc.. Unless otherxvise stated, reference to "Board" in these Bylaws shall mean the .?uiv '.9ol Page 2 of 9 Cupertino Cornmun/ty Services, Inc. active members of the board. The advisory members shall be non-voting and shall be appointed by the active Board members to serve in an advisory capacity. Section 7.3 Exercise of Corpornte Powers nnd Responsibilities. Except as otherwise provided by these Bylaws, or by the laws of the State of California now or hereafter in force, all powers of this Corporation shall be vested in and exercised by or under the authority of the Board of Directors. Without prejudice to these general powers, but subject to the same limitations, it is hereby expressly declared that the Board of Directors shall have the following powers and responsibilities: (A) To select and remove all the officers, directors, employees and agents of Cupertino Community Services, Inc. prescribe their duties and require from them security for the faithful performance of services if deemed necessary. (B) To select, employ, evaluate and remove the Executive Director of this Corporation and to delegate such powers to the Executive Director as the Board shall deem appropriate. (C) To establish the policies by which this corporation conducts its affairs and ensure that the policies are implemented. The policies shall not be inconsistent with the laws of the State of California, or with the Bylaws of tiffs Corporation. (D) To change the principal office for the transaction of the business of the Corporation; to fix and locate from time to time one or more subsidiary offices of the Corporation within California; to designate any place within the State of California for holding any meetings of the Board; to make, adopt, and use a Corporate seal, and to prescribe the form therefor. (E) To adopt an annual budget and revise the budget as required by changing circumstances. (F) To borrow money and incur indebtedness for the purposes of the Corporation and to cause to be executed and delivered therefore, in the Corporate name, promissory notes, bonds debentures, deeds of must, mortgages, pledges, or other evidence of indebtedness as security therefor. (G) To establish such committees as it shall deem necessary or advisable upon such terms and conditions as it may fix. (I-I) To review the Bylaws, and Personnel Policies of the Corporation on an annual basis. Section 7.4 Term of Office Each Active Board member shall be elected for a three (3) year t~... and may be elected for two (2) consecutive terms. Upon completing two consecutive t~m~s, a Board member may be appointed to serve on the Advisory Board. After one year's absence from the Board a fo~mer member shall be eligible for re-nomination to serve on the board. Under special circumstances, when a majority of the Board deems it necessary, a Board member may serve more than two consecutive terms in order to preserve Board continuity.. Tenure shall be arranged so that one-third (1/3) of the terms exoire annually. July 2001 Cupertino Community Services, Inc. Section 7.5 Vacancy. A vacancy in any seat on the Board because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed by the Bylaws for the regular appointment of a Board member. Section 7.6 Removal of Directors. If a director fails to attend three (3) consecutive Board meetings without adequate excuse, or four (4) out of seven (7) meetings without adequate excuse, the Board of Directors may declare that Director's seat vacant. The Secretary shall give written notice to any Director who has failed to attend (2) consecutive meetings without adequate excuse. Further, the Board of Directors at a regular or special meeting duly called may remove any Director who fails to perfotm his/her duties. Section 7.7 Election. The Board Administration Committee shall serve as the nominating committee to select qualified candidates for election to the Board of Directors. Any Board member may submit names of candidates to the Board Administration Committee for consideration. The Board shall establish criteria for the selection of Directors. New members shall be approved by a two-thirds majority of the current Board. Section 7.8 Nou-Hability of Directors. No Directors of The Board shall be personally liable for the debts, liabilities, or obligations of the Corporation. Section 7.9 Transferability of Membership. Membership in the Board is non=transferable and non-assignable. Section 7.10 Meetings. Meetings of the Board_of Directors will be held monthly at Cupertino Community Services office or at such other place, and on such date and time agreed upon by the Board. Section 7.11 Qnornm. A quorum for all meetings of the Board of Directors shall consist of a majority of the then current members of the Board. Except as otherwise provided for in these Bylaws, every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board. .':~iv "001 ?:ce a Cupertino Community Services, Inc. Section 7.12 Actions Without Meeting The urgency of a situation may demand an action without a Board meeting. Any action required or permitted to be taken by the Board may be taken without a meeting, if two-thirds of all members of the Board consent within seventy-two (72) hours, in writing, individually or collectively, to such action. Such written consent(s) shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the sarae force and effect as the majority vote of such Directors. Section 7.13 Annual Report and Financial Statement. The Board of Directors shall provide for the preparation and publication of a written annual report including a financial statement. Section 7.14 Inspection of Records By Directors. The books of account shall at all reasonable times be open to inspection by any Board member. Every Board member shall have the absolute right at any reasonable time to inspect all books, records, documents of every kind, and the physical properties of the Corporation. Such inspection may be made in person or by agent or attorney, and the right of inspection includes the right to make extracts. However, all such original books, records and documents shall remain at the principal location of business, unless otherwise authorized by the Board. ARTICLE VIII - OFFICERS Section 8.1 Number and Titles. The Officers of thc Board shall be a President, a Vice-President, a Secretary and a Treasurer. No person may hold more than one office. Any Active Director of the Board is qualified to be an officer. Officers shall be elected by the Board of Directors for a one-year term be~nnlng July 1 of the year the officer is elected. An officer may be removed by a vote oftwo-thlrds (2/3) of the then current Board, at a regular or special meeting duly called. Section 8.2 Electio[! of Officers. Officers shall be elected by a two-thirds (2/3) vote at the designated meeting. Nominations for officers shall be made by the Board Ad~inlstrafion Committee, at the March or April meeting of the Board of Directors, and elections shall be held no later than the May meeting. The consent of each candidate must be obtained before his or her name may be placed in nomination by the Board Administration Committee. Nominations may also be made by individual active membe~ at or before the time designated for the election. Cupert~o Community Services, Inc. Section 8.3 Vacancy. If a position of an officer becomes vacant, the President shall appoint another Board member to fill the position for the remainder of the te~m. Section 8.4 Duties of the President. The President shall be the Chief Executive Officer of the Board and shall be responsible to the Board of Directors. The President shall preside at all meetings of the Board and be an ex=officio member of all the standing committees, except as otherwise expressly provided by law, or by these Bylaws. He/she, in the name of the Board, shall execute such deeds, mortgage, bonds, contracts, checks or other instruments that may from time to time be authorized by the Board of Directors. Whereas the Board of Directors shall designate most administrative responsibilities to the Executive Director, in the event ora vacancy in that position, the President shall pro-tempore assume the responsibilities of Chief Executive Officer of the Corporation. Section 8.5 Duties of the Vice-President. In the absence of the President, the Vice-President shall perform all the duties of the President and when so acting shall have all the powers of and be subject to all the restrictions of the President. Section 8.6 Duties of the Secretary. The secretary shall: (A) Certify Bylaws. Certify and keep at the principal office of the Corporation the original, or a copy, of these Bylaws, as amended from time to time. (B) Record the minutes of each Board meeting. Keep at the principal office or the Corporation or at such other place as the Board of Directors may order, a book of minutes of all meetings of the Board. (C) Give notices. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. (D) Be custgdian of the records of the Corporation. (E) Keep at the principal office of the Corporation a roster containing the name and address of each member, and in any case where memberslfip has tew~nated, he/she shall record such fact in the book, together with the date on which membership ceased. (F) Record members Terms of Membersh/p. Section 8.7 Duties of the Treasurer, The Treasurer shall be responsible for: (A) Having charge of, all funds and securities of the Corporation. (B) Keeping and maintaining adequate and correct accounts of the Corporation's properties and business transactions including accounts of it's ,assets. liahilifies, receipts, disbursement. ~ains ami losses. Sen. ices, Inc. (C) Rendering reports to the Board of any or all transactions and of the financial condition of the Corporation at monthly Board meetings or whenever requested by the Board. (D) Initiating an independent audit of the books and records of the corporation to be conducted annually by a certified public accountant approved by the Board. (E) Assuring that the Corporation has adequate insurance protection for board, staff, volunteers and operations. ARTICLE IX - COMMITTEES Section 9.1 Standing Committees. The Board of Directors may create such committees as it may deem desirable, and such committees shall serve such te,,,,s, have such authority, and perform such duties as may be prescribed fxom time to time by the Board of Directors. Section 9.2 Standing Committees of the Board. Each Board member shall sit on one or more Board Committees. The chair of each committee shall be an active Board member appointed by the Board President, and shall represent the committees to the Board of Directors. The committees of the Board shall meet as their workload dictates. Committee membership may include corporation employees and the public. The chair of each committee shall report to the Board at regularly scheduled Board meetings, and shall produce monthly and annual committee reports. ARTICLE X - EXECUTION OF INSTRUMENTS Section 10.1 Execution of Instruments. The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer, member or the Executive Director to enter into any contact or execute and deliver any instrument in the name of and on behalf of the Corporation. Such authority may be general or may be co~fined to specific instances. Unless so authorized, no person shall have any power or authority to bind the corporation's credit or to render it liable for any purpose or in any amount. Section 10.2 Checks and Notes. Except as otherwise specifically determined by resolution of the Board of Directors, as pwvided in Section 1 of this Article, or as otherwise required by law, checks, draft, promissory notes, orders for the payment of money, and other evidences of indebtedness of the Corporation shall be signed by the Treasurer and countersigned by the President, or a designated Board member. The Board may empower the Executive Director or other staff to sign checks. Cupertino Communiw. Services, Inc. Section 10.3 Deposits. All funds of the Corporation shall be deposited in a timely fashion to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. ARTICLE XI - ADVISORY COMMITTEE Section 11.1 Advisory Committee. Membership on the Advisory Committee will: (A) Recognize significant past service to Cupertino Community Services. (13) Demonstrate a current commitment of good will rather than time (C) Be designed to give outstanding past Board members, volunteers, and community leaders an ongoing link with Cupertino Cornmunity Services. Section 11.2 Selection. The Board Administration Committee, with approval of the Board, will select advisory Board members. They will be elected at a regular Board meeting. Advisory Board members can be removed by resignation or by two-thirds (2/3) vote of the Board. Section 11.3 Duties: Advisory Board members will have no assigned duties and will have no fight to vote. They will be invited to the Board Program Evaluation Meeting, and any other special functions of Cupertino Community Services. They may be invited as resources for fund raising and public relations. Their names will be listed in the annual report. ARTICLE XII - CONFLICT OF INTEREST Section 12.1 Conflict of Interest: All Board members, officers, and staff shall annually provide written disclosure of any convicts with the interests oft. he Corporation, both potential and actual. The Board shall maintain written policies for the resolution of such conflicts consistent with the requirements of fund'mg sources of the Corporation. ARTICLE XIII - FISCAL YEAR Section 13.1 Fiscal Year. The Fiscal year of the Corporation shall begin on the first day of July and end the last day of June in the succeeding calendar year. Page S of 9 C,,perfino Communit~ Services, Inc. ARTICLE XIV - EFFECTIVE DATE OF THE BY-LAWS Section 14.1 Effective Date. These Bylaws shall become effective inunediately upon their adoption Amendments to these Bylaws shall become effective immediately upon their adoption unless the Board of Directors, in adopting them as hereinafter provided, provides that they are to become effective at a later date. Section 14.2 Amendment. Subject to any provisions of law applicable to the amendment of Bylaws of non-profit corporations, these Bylaws or any of them, may be altered, amended or repealed and new Bylaws adopted by the Board provided that written notice of the intention to amend the Bylaws is delivered to each Director at least seven (7) days prior to the date of the meeting at which a vote to amend the Bylaws will be held. CERTIFICATION I, ,SOW,~t~ ~ht~'r . hereby cortify that I am the duly elected and acting Secretary of Cupertino CommunltyServices, Inc., a California non-profit Corporation, and the foregoing Bylaws, comprise of 9 pages, constitute the Bylaws of said Corporation as duly adopted by the Director at a meeting duly held on _} aLu/.~. ~OO't at Cupertino, Santa Clara County, California. In witness whereof, I have here unto subscribed my name and affixed the seal of the Corporation this Secretary. .lulv £001 Pa~e 9 of 9 ACORD. CERTIFICATE OF LIABILITY INSURANC p,o ,, 02/13/01 PmDU;E; THIS GER~FICATE IS ISSUED AS A ~R OF INFO~TION C~a~-~ & ~ao~a~es ONLY AND CONFE~ NO RIGHTS UPON THE CER~FI~TE ~i~e~e ~0522024 HO~ER. THIS CER~FI~ DOES NOTAMEND, ~ND OR ~. o. ~ox 5455 AL~R THE COVE~GE ~FORDED BY ~E POLICIES BELOW. ~asa~a ~ 91117-0455 9hone: 626-405-8031 ~: 626-405-0585 INSURERS ~ORDING COVE~GE INSURER 9: 10185 N Stellino ~ ~INSURERD: Cupertino ~ 95014 [ INSURER E:: COVE~GES ~E POMCIE5 OF INSU~CE LIS~D BELOW ~ ~EEN ISSUED TO ~E INSURED N~D ~E FOR ~E POLICY PERIOD INDIteD. NO~ST~DING ~ REQUI~ME~, TE~ OR CONDI~ON OF ~ CO~ OR O~ER ~CUME~ ~H RESPECT ~ ~ICH ~1~ CER~FI~ ~Y BE ISSUED OR ~Y PE~NN. ~E INSU~CE ~FORDED BY ~E POLICIES DESCRIBED HEREIN IS SUBJECT TO ~ ~E ~S, ~CLUSIONS ~D CONDI~ONS OF SUCH POLICIES. ~G~TE LIM~ SH~ ~Y ~ BEEN REDUCED BY PND C~MS. ~ I ~ OF INSU~NCE . ~ NUMBER ~TE (M~ ' ~TE ~ G~L L'A~ ' ~H OCCURRE~E ~ S 1000000 A ~ CO~C~GENE~L~IL~,} ~0000000 02/15/01 02/15/02 FIRE~GEI~yomr.) .~S 50000 =;N~*~;~m ~ ~ 3000000 G~L A~ L~ ~PLIES PE~ PRO~- C~P~P ~G $1000000 X I ~LICYI I PRO- A ~ I ~ ~0000000 02/15/01 02/15/02 (E.~) , [ ~ ~ED A~OS ~ BODILY ~JURY ~ r SCHEDUmD AUTOS X [ HI~D A~O~ BODILY ~URY NON--ED ~OS PRO~ D~E ~ ~ ~0 ONLY- ~ ~ClDG~ S ~ ~0 O~Y: AGG '" -' -. ' -- ' - ' ' ~CH ~CU~- ' S'~' ~0.00000 X X ~CUR ~C~MSKE ~000000 02/[5/0~ 02/~5/02 ~RE~ S~ ~000000 OEDUC~ R~ON S E.L OlS~ - ~ ~LO~E A Fi~li~ ~nd ~000000 02/15/01 02/15/02 ~lo~e $ 5000 Dishonest $ 250 Certifi~ Hol~r is ~d as ~tio~l Znsu~d/~ssor wi~ respe=~s ~e pr~ses at: 10185 N S~llinq ~ ~pertino ~ 95014 leas~ ~ ~e N~d Insured. CERTIFICATE HOLDER ~, AEDmONAL INSURED; ~SURER' -, ,=R: CANCELLATION .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXFIRATION DATE ~EREOF, THE ISSUING INSURER 1MLL ENDEAVOR TO M~dL ..3.Q__ DAY8 WRITTEN Cit~ of Cu~D~r~=il~O NOllC~ TO THE CERTIFICAl~ HOLDER NAMED TO THE LEFT, BU~ , EHAIL Vera Gill 10300 Torte Ave IMFC]~E NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSUESR, ITHAGESTHOR ACORD 25~ (7197) ~ ' ~ f OACORD CORPORATION 1988 Internal Revenue Service Department of the Treasury District P.O. Box 2350 Los Angeles. Calif. 90053 Director' Person to C~ntact: cUpertino Community Services, Inc. GIlda Lewis 10185 ~. Stelling Rd Te~ephoneNu,.ber: Cupertino, CA 96014-5700 (213) 894-2336 Refer Reply to: EO022795 Dale: February 27, 1995 RE: Cupertino Community Services, 9nc. EIN: 94-2211685 .Dear Taxpayer: This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate that this organization was recognized . to be exempt from Federal income tax in July 1976 as described in Internal Revenue Code Section 501(c)(3). It is further classified as an organization that is not a private foundation as defined in Section 509(a) of the code, because it is an organization described in Section 170(b) (1) (A) (vi). The exempt status for the determination letter issued in July 1976 continues to be in effect. If you need further assistance, please contact our office at the above address or telephone number. - ~. GIlda Lewis ~isclosure Assistant HUMAN SERVICES FUNDING PROGRAM CUPE~INO A P P L I C A T I 0 N Cupertino Senior Day Services: Funding Available: $21,200 ~o~ the ~plic~ Cupertino · Sunnyvale Senior Day Services 'Making a Difference in the lives of Seniors' · ~ v~.W · 20920 McClellan R~ad. Cupertino, CA 95014 1.. How will city funds be used? (Please be specific as to how the CupeFfino community is targeted.) Cupertino Senior Day Services (CSDS) provides Adult Day Care to frail and semi-independent senior citizens of Cupertino. These people are often isolated and may be disabled from stroke, depression, Alzheimer's disease or other long-t~L,, illnesses related to aging. CSDS provides physically and mentally stimulating daytime activities to participants. In addition, caregivers of these seniors receive much-needed respite. Family members are often faced with the complexities of caring for aging relatives and growing children as well as working to support the family. CSDS helps keep families together, helps prevent premature placement of seniors into nursing homes and helps prevent caregiver burnout. CSDS provides a significant mount of financial assistance to low-income Cupertino participants. Currently, 14 Cupertino residents are enrolled. Each attends the program an average of 3 times per week. The agency's cost to operate equals $50 per day per client. The average Cupertino client pays only $25 per day. Severely low-income clients pay only $10-15 per day. City funds will be used to help compensate for this deficit in fees. For 21 years, CSDS has provided solutions to the following problems of seniors and their families: Social isolation Unattended at home~risk for injury Depression Managing difficult behaviors Premature physical decline Caregiver stress and burnout Premature cognitive deterioration Declining quality of life Financial distresses of day care Premature admittance to nursing homes City funds will be used to help continue our successful Cupertino school volunteer program. Volunteers help staffwith cleaning, assisting in activities and providing one-on-one attention to clients. CSDS will continue to recruit student volunteers from schools in the Cupertino school district. 2. Please provide a detailed description of how city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) Cupertino residents comprised 24% of the total clientele base that received services during F-Y2000-2001. These seniors received services that they may not have otherwise obtained. The subsidizing of fees helped 13 out of the 14 Cupertino residents. When clients enrolled for more than 3 days per week, CSDS decreased the daily fees if the family had financial difficulty. The average fee collected was $25 per day. Staff'completed detailed care plans every 3 months for each client, providing goals and objectives for behaviors and/or health improvement. Through public speaking, networking and visiting homes of thc flail elderly, our efforts reached over 350 individuals with aging issues in F-Y2000-2001. Cupertino Site: (408) 973-0905 Fax: (408) 973-0914 · Sunnyvale Site: (408) 746-3066 Fax: (406) 973-0914 The following are examples of what CSDS staff provided: · 12free first-time visits by Cupertino residents · More than 18 walk-thrus/tours of the program by caregivers of prospective Cupertino clients · 25 telephone callsfr°m caregivers in Cupertino requesting information · 4publicpresentations to local committees/groups · Resulting in the enrollment of 5 new Cupertino clients Each walk-thru takes about 45 minutes of stafftime. This includes a site tour, listening to the caregiver's problems, answering questions, conducting preliminary assessments of thc prospective client and determining if the program is appropriate. After the walk-thru, staff follows up within 2 weeks, to check on the status of the individual and family. From that time, if the caregiver is interested, a free first-time visit is scheduled, including lunch ($50 cost to agency). This unqualified attention shows how CSDS cares for people. The $20,000 in city funds was us~i to: Subsidize low-income seniors for fees Counsel family members Supervise and monitor new and returning clients Continue free first-time visits Continue the orientation process for new clients Outreach and community awareness Network with other aging services providers Pay staff salaries for essential work Provide respite and peace of mind for working families who have a frail senior to care for Provide volunteer training to 13 volunteers from Hyde, Cupertino, Monte Vista and Homestead high schools. Agency operating expenses for F-Y 2000-2001 were approximately $315,200. The funds from the city totaled to 6.3% of the budget. On behalf of the seniors and families in Cupertino, I thank the city for providing funds to help subsidize fees, provide volunteer training and conduct outreach. R?.~ectfully written and submitted, Kimberly A. Ferm ~_ Executive Director :/kf Proposed Cash Budget, CSSD$, F-Y 2001-2002 7/1/01 INCOME · Government Grants ...... .CA Dept of Ed-Meals 4,600 ..... City of Cupertino 21,000 ..... !City of Sunnyvale i 50,000 ........................... !Council on Aging I 10,000 .............................. : Other Revenue .............. i lnvest-income-Dean Witter 2,500~. ~'i".~-...~ "'~'. ....... .... ! Invest-income-interest 3,500. ; Program fees :' 159,000 : Public Support ......... !Foundations-Altos ~ 10,000i ........ ..... i Grants-new i 20,0001 ........ i Contributions-general 21,000: '.Special Events-fundraising 15,0001 ',United Way 10,0001 . _ ................. Total j 326,600: EXPENSES Equipment j 700 ...................................... ~ Insurance-Business 3,900! : _ '- Membership dues 400j ..........iOccupancy (incl. Janit.,Maintan.,Rent) 22,000! ..................... : i Supplies, misc. office 1,300 : Fees-payroll-license-misc. 2,400'· ....... :Health Benefits : 8,000:" ' ;Wkers.Comp.lnsurance ; 4,800 !Volunteer Recognition/Lunches i 0 i -'- !Employee Recognition 200i i , ' ...... [ Recruitingi 600! ........... _ !Payroll taxes 23,000i iSaladesi~ 244,000! ................. '" 'P_ostage & Shipping; ~-0~- .......... :professional Svcs.(Audit,Acct.,Other) 5,800.: Advertising I 100i i Program meals & food 400 -- i Subscriptions 500 ..........!Program supplies 2,400 ............ ............. iPfinting & Publications 900, i Telephone i 2,400i .............. I Education-tra ning, conf, mtgs. 600! ........ iTmvel i [ 600 : ................... .... i Uncollectible Accounts 450 , T~tal ~1 ;~ II 326,600i' ............................. ENDORSED' · " FILED., I AR2 81980' M.J.t(C~ rT)#6 [U, $lr~etlq of SIJt~ ARTICLES OF ]NCORPO~T].ON KothleB. P. Ouilerrel OF Pepu~ CUPERTINO ~ENIOR DAY SERVZCE~, ]NCORPO~TED The ,lame of this corporation is Cupertino Senior Day Services, Incorporated. This corporation is a non-profit,' public benefit corporation and is not org,l~ized for the private gain of any per.~on. It is organized under the non-profit, public benefit corporation law for charitable purposes. The spe- cific and primary purpose of the corporation shall be to provide services to the elderly, as permitted under ~.,,. ~501(c) (3) of the Internal Revenue Code. The name and complete business address in the Skate of Cal~fornia of this corporation's initial agent for ser- vice Of process are, to w~t: Frank Snow, 22101 Rolling Hills .Road, Cupertino, CA 95014. sively for char]t~H~le purpo.,=u,r, w~!.bit-, th:: m:-,~nLng of ~501(c) (3) of the Internal Revenuu B. Notw/tbstandlng any other provi~Jon o.E these articles, ~13e co.~poration will not carry on any other acti- vities.not permitted Lo be carried on (1) by a corporation exempt from federal income tax under ~501(c)(3) of the' Internal Revenue. ,~ode, or {2) by a corporation contribu- tions to which are deductible under '~170.(c)(2) of the BYLAWS OF CUPERTINO SENIOR DAY SERVICES, INCORPORATP. D ARTICLE I NAME OF CORPORATION The name of this corporation .-,hall he Cupertino Senior Day Services, Incorporated. ARTICLE .1 I OFFICES Section 1. Princir,al Office. The principal office of the c~¥5~'{t-i-6n--.f--6']:'-t-][6'*~'~'~-a-~(il'on of bus Jr, ess is locn%:ed at Cupertino, California. The directors ma}, change the prin- cipal office from one location to ar,ot],(:r. An), change of this location shall be noted by the secretary of these bylaws opposite this section, or this section may be amended to state the new location. Section 2. Other Offices. The board of directors may at an~-{-l-m'~{'~'i;,'E~E;l"i:-.'li'-tj-~n-6.l{-~r subordinate offices at any place or pluces where the corporation is qualified to do bus ines.~. ARTICI,E ITl OBJECTIVES AND PUI{]'O.~;I~!:. The objectives of this corporation :-~hall be: (1) To l',romc~te and coordinate activities and advocate policies that will cb~tribut~, to th~ genural well- being of the frail elderly in the Cupertino area; [2) To establish a forum among those represehtfng the needs and interests of th~ older persons of th~ Cupertino area for the ~xchange of fnfo~i,,ation and resources; ~nternal ~ovenue Coda S501(a),.(3). ... ARTICLE VI ~OA~ OF DIRECTORS ~.~c~ion .1. Composition. The affairs of. the Cupertino board of dire. ctors com~3osed of not ]ess than six (6), and no more than fiftee~ (15} members, at least two of whom shall I~e members of }~t. ;lude the Apostle ~piscopuL Church Cupertino, Ca]ifornla. S~c[:~on 2. Oriqinal ltoard of Directors. The incor- [,orat'.6~ ~ha]] ~,l',l,O[nt t.h~"l:ir'>:6'boa'r'(! 6f dg~:(~ctors for a 3-year term ;~nd t'.hu]'(~aftor th(3 d[rt~ctor~; ~:hall be s'~].ected by u lloluJrialin~j comm.[t't(,u. ~ect'J on ]. ~ om ] n ~l ~./.i~ ~._~ oll?l ~ .t..t e (,. The appoint a col~unittee to select. {lualifJc~G caridida~es for elec- tion to the board of ¢]iroctors ~t ]ea~:t 120 ~uys before the date of any e]ect~on of direct, ors. The nominating committee shall make its r(.[~ort at least 90 days b(.[ore the dute the elect/on, and the secretary shall [o~ar~ to each luember, with the notice of meeting required by Article VII~ .Section 3, a list of candidates nominated for each office. Section 4. General Powers of the Board of Directors. Subje~-'~8"i}[6"~h-6~;~ik;.'S--~)~ '{'~{6 'Cai i f~;rn~ a' potation Law ~nd any ]il, itat. io~ts in th¢~ Art. fc]t'.s of'lace=pota- tion and t~se Bylaws roll, flail to ~ct'ion rt,quircd to approv~d by the board, th~ bus~nt~ns ~inH u[faira of the cor- poration shall be managua, and all COrl.,OruLe l.~OWUrS ~hall Specific l)OW~.,rs without l)rojudicu I.o I'h~,~;(. %l{,l~ural powers, and ~ubjlect to tho sam(~ limitations, t.hu (lirt~ctors l~hall have tho power (1) Se]eot nnd remove all officers, agents and employees of tho co~;[)orat~on~ prescribe any powers an~ duties f~r them that are consOl{tent w~th law, with the Articles ~ncorporat~on, and with these Bylaws= and fix their compen- sation, if any~ (2) Change the principal executive office o~ the principal business office in ~he State of California from one location to anotber l directors shall be held at a time and place datermined by the board. No less than fiv~ (5) mueti~gs each year shall .... be held. Notice of meetings shall be given to each direc- tor, personally, by telephone or mail, at least five days before the meeting. Section 2. Special Meetings. Special meetings of the boar~-~'~-r~ may be called at any time by the presi- dent or by one-third (1/3) of the luembers of the board of director~. Notice of such special meetings shall be g~ven each director, personally, by telephone or ma~l, at least ten (10) .days before the meeting. Section 3. Manner of Giving Notice. Notice of the time and p'f~,66'%'f"~'e~'dl~'-bi:'-~l~;~'C,iaFn,~[~%~'%~'s- shall be given to each director by one of the following methods: (a) by per- sonal delivery; (b) by first class mail, postage paid; or (c) by telephone co~lununication either directly to the director or to a person at the director's office who would reasonably. be. expected to coimnunicate such notice promptly to the director. Section 4. Quor~. A majority of me~ership of the board~f--~rectors shall constitute a uuorum. A majority of those present shall decide all questions regarding the trans- action of business of the Cupertino Senior Day Services, Xncor~ora ted. Section 5. Waiver of Notice. The transactions of any meeting of the board of directors, however called and no,iced ~r whenever held, shall be as valid as though taken at meeting duly held after reoular call and notice, if= (a) a guor~ is present, and (b) either before or after the meeting each of the directors not present si%ln~ a written waiver notice, a consent to holding the meeting, or an approval of the minutes. Ail waivers, consents, and approvals shall be filed with the corporate records or mt~de a part of the minutes of the meeting. Notice of a meetin9 ~;hnll i~lso be deemed given to any director who attends the meetin~ without protest- lng before or at its commencement about the lack of adequate. notice. Sectfo~ 6. A_d~ournmunt. A majority of the present, whether or not constituting a quor~, may adjourn any meetln~ to another time and place. . ARTICLE VI~I OFFICERS The officers of the corporation shall be a president, respectively by the board of dlrect:or~ or ~he c~l~man ~he boar~. In th~ ~e o~ ~he absence,o~ b0~h ~he .an~ the vSce pregidenk~ a [emporary presiding oIfl~er shall' be selec[ed by the chairman of the boarfl. ~ecr~tary: The secretary shall atten~ to the following ~ Book of Minutes. The secretary .sba~l kee~ or cause to be kept, at ~-~ "principal executive o~f~c~ such other place as the board of directors may direct, a book o~ minubo~ of all meetings and actions of ~rector~ col~itteus of d~rectors, ~nd with the time ~n~ place boldillg, whet:bet regular or special, and, i~ special, bow authorized, tltu notice given, the names of those present at suci~ meetings, and the proceod~llgS o~ such meetings. Chief Finnncial Off,cur: The chief financial ~].) Books of A~count. The chief officer shall keep a~'dq~%~f,-'%-~ cause %o be kept maintained adequate and correct books and records of accounts of the properties and busil~eSS transactions of the corpora- %ion, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capltal, retained earnings, and other matters customarily included in financial statements. The books of account shall be open to inspection by any director at all reasonable times. (2} Deposit and Disbursement of Money and Valuables. The chief f~nanc~al offzcer ~hall deposxt ~lO--n'~-y-~l%~ other valuables J.n the marne and to the credit of the corporat:{on with such depositoricts as may be designated by the board of directors; shall die, burst the funds of the corporation as may be ordered by the board of directors; shall render to the president and directors, whenever they request it, an account of all of his transactions as the [:bier financial officer .nd of the fi,,anc]al condition the corporation; and shall have other powers and perform other duties as may be pr~scribed by the board ~Z of the bylaws. ARTICLE XX AMENDMENTS ' Section 1. Amendment by Directors. Bylaws other ~han bylaw f~-~¥'57 changh~g' the authorlzed number of directors may be adopted, amended or r~pealed by the board of direc- tors at a r~3ular or special meeting as provided in Article VI, Section 1, .and Article VI, Section 2. Cupertino-Sunnyvale Senior Day Services Board of Directors Matt Matthews 6389 Felder Drive, San Jose, CA 95123 (408) 365-9964 (h) (408)325-4214 Occupation: Software Development Engineer Committee: Finance Chairperson (President) e-mail: matt.matthows~aspect.com Roberta Taggart 10145 Parkwood Drive, #3, Cupertino, CA 95011-1562 (408) 252-5406 (la) Occupation: T'ai Chi Chih Instructor Committee: Marketing (Secretary) e-mail: taggart~earthlink.net Joellen Stolarik 12538 Titus Ave., Saratoga, CA 95070-4030 (408) 252-5935 Occupation: Retired Recruiting Specialist- Raytheon Corp. Committee: Marketing (Treasurer) e-mail: j astolarik~eol.com Mary Ann Phillips 20378 Gillick Way, Cupertino, CA 95014-4413 (408) 446-4301 (h) Occupation: Retired Human Resources Committee: Personnel (Vice President) e-mail: HMAPHIL~aol.com Jonathan Fung 268 N. San Tom_as Aquino Road, #3, Campbell, CA 95008 (408) 379-8631 (h), (408) 388-7837 (pager) Occupation: Artist, Video Production Committee: Fundraising e-mail: funghus~earthlink.net Barbara Bryant 10488 Rampart Ave., Cupertino, CA 95014 (408) 253-9160 (h), (408) 255-4633 (w) Occupation: Branch Manager, Downey Savings Committee: Outreach Don Bacon 4178 Haven Court, San Jose, CA 95124 (408) 377-7111 (h) Occupation: Retired Sunnyvale Detective Committee: Fundraising Norine Bacon 4178 Haven Court, San Jose, CA 95124 (408) 377-7111 (h) Occupation: Retired Registered Nurse Committee: Fnndmising 22..--,2.1 Internal Reveque Service Department of the Treasury; District Director SF :gO.' §2-959 Our Lett.r o.,., a 1 JU~ 196Z ,Tune ~, 1980 P~r~on to Conf~tt Desk Officer Conl~et Telephone Huml~r. flupertino 8snior P o0. Box Cupertino This modifies our letter of the above date in which we stated that you would be treated as an organization which is not a private foundation until the expiration of your advance ruling period. Based on the Information you submitted, we have determined that you are not a private foundation witltin the meaning of section §09(a) of the Internal Revenue Code, because you are an organization of the type described In section *l?O(b)(1)(A)(vi) Your exempt status under section §Ol(o)13) of the code Is still in effect. Grantors and contributors may rely on thin determination until the Internal Revenue Service publishes notioe'to the contrary. However, a ~rantor or a contributor may not rely on this determination If he or she was tn part responsible for, or was aware of, the act or failure to act that resulted tn your loss of section *l?O(b)(1)(A)(vi) status, or acquired knowledge that the Internal Revenue Service had ~tven notice that you would be removed from classification as a seotton*l?O(b)(1)(A)(vi) organization. Because this letter could help resolve any ~uestlons about your private' foundation statue, please keep it in your permanent records. If you have any questions, please contact the person whose name and . . telephone number ars shown above. . Stnosrely yours, District Director · P.O. Box 36040, San Francisco, Calif. g4102 Letter 1050 (DO) (7-77) Iv ACORD' CERTIFICATE OF LIABILITY INSURANCE. . DATE"-' " '" .. ..... ..... ,?,.:' .' .. · .' '." ' 0912911999 PRODUCER' THIS CERTIFICATI: I$ I$SUE0"AS A MAI IER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ADh Rlak ServKms. lnG. of the Carolinas HOLDER. THI8 CERTIFICATE DOE8 NOT AMEND, EXTEND OR 2400 Intemt~te Tower ALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW. Charlotte, NC 28202 COMPANIES AFFORDING COVERAGE Robert Busch - 704.-343~4100 COMPANY A Zurich American Insurance Company INSURED COMPANY CompeEE Group USA, Inc. B Gerling Inaumnce Service CompEny, Ltd. ChsrLweli~ COMPANY CRnteen Vending Services, Batemen C Eumst Dining Services 2400 Yorkmont Road cOMPa~rf Charlotte. NC 28217 1 D COVBRAQI~' :".'.:".:.' .. ' ' '. ,' '"''"'. '; .:. .'.','.... . · '.':.:',. '.. · ''i". '.' "' ' ' ",'" :' ". ' ' .' ' THIS IS TO CER'IiFY THAT THE POLICIES OF INSURANCE LISTED BELOVV HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO'WVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. I~fJCY EFFECTIVE POLICY EXFIRATION CO TYI~E OF INSURANCE POLICY NUMBER UMIT8 LTR DATE (MM~DD/~ DATE I MM~DD/YY) A e~""~LL~IIUTY GL08344238-02 09/30/1999 09/30/2002 OENERALAGGREGATE S 2,000,000 X COMMERCIAL GENERAL LL~BILITY PRODUCTS-COMF/OPAGG S 1,000,000 I CLAIMSMADE ~ OCCUR PERBONAL&N:)VlNJURY $ 1,000,000 oven's & CONT.~TO~S PROT SAC. OCCURRENCE S 1,000,000 A FIRE D~Ua,~E (.~,/m. r~) $ 1,000,000 MED EXP (Any =ne I;~l~n) A A~UTO~U; U,alLn'Y SAP8344376-01 (AOS 09/30/1999 09/30/2002 COMmNED SIRra,= uun' $ 2,000,000 X.~ aNVaUTO BAP8344578-01 (VA) 09/30/t999 09/30/2002 -- 8CHEOULEDAUI'08 TAP8344377-01 (TX) 09/30/1999 09/30/2002 HIRED AUTOS BODILY INJURY $ -- ~D AUTOS (P~' __ PROPERTY DAM.~E ~RA~E UABIUIY AUTO ONLY ·EA ACCIDENT $ ANY AUTO OTHER 1HAN AUTO ONLY: AGGREGATE $ B ~x-~'~'~ u~muTv KESS01803 09/30/1999 09/30/2002. uc. OCCURRENce S OTHER THN~ UMBRELLA FORM $ A WORKE~IGOMI'EN'A'nONANO ING8344373-01 (AOS) 0g/30/1999 0g/30/2002 X ITONYLIMITEI EMma' LIAIRLITY EL EACH ACCIDENT $ 1 'n~lmoFmEl'O~ ~ ~NCL VVC8344375-0t (NV, 0g/30/lggg 0g/30/2002 ELmaP-~s.poucYuun' PARTNEI~CUTNE OFFIDER8 ARE: I [ EXCL EL DISEABE ·EA EMPLOYEE ~ OTHER IHOUI. D ANY OF THE ABOVE DEBGRIRED ~ BE DANO~LLED BEFORE THE Sunnyv-io Senior Dly Cere Selvicea EXnRA'nON OATS THru.OF. TH. mmlm ODMPANY mu. INDEAVOR m ~A~. 102S The DsIleA Avenue ~ DA~ W~u/~ f~ NOEl,S TO THE DERlllqCATE NOLOIR NAM~O TO THE LIFT. Sunnyvale. CA 940~7 BUT FAI~I'~)°~IYA~~I. IMPOSE NO OBLIGATION ON UAIUTY OIir ANY IOND U/ON THE GOMPANY. nl AGElqn~ OR REFN~NTA11VEE. AUTHORIZED (~.PRmNTAlllM ACORD 2~ ('1/~) ....... ..., .... : cm~. ·.~ ..~: .. ... eA¢ORD CORPORATION ¶~S ~' '"' ~I~' HUMAN SERVICES FUNDING ProGram CUPE~IN0 ~ p p ~. T C & · I 0 N Longterm Care Ombudsman: ·Funding·Available: $4,900 A~qA(k~'ss 2625 2anker Rd., Suite 200 San Jose, CA 95134-2107 Contact~so~/fit/¢ Donna Di Minico, Program Director' T~n~ 408 944-0567 x261 Using additional Sh~ of ~r, pl~ .~nd ~ the following: City of Cupertino Human Services Funding Program Application FY 2001-2002 Long Term Care Ombudsman Program at Catholic Charities 1. HOW WILL THE CITY FUNDS BE USED? (PLEASE BE SPECIFIC AS TO HOW THE CUPERTINO COMMUNITY IS TARGETED.) The Long Term Care Ombudsman Program will provide advocacy for the 1,173 frail, chronically ill, socially isolated, primarily elderly residents 'in the City of Cupertino's 3 (Skilled) Nursing Facilities and 5 Residential Care Facilities for the Elderly. The Program will demonstrate an ongoing visibility and availability to these residents through the presence of trained and certified Ombudsmen. The Program will respond to, investigate and mediate resolution to residents' complaints. The Program will provide information and education to residents, consumers and providers regarding long term care issues, particularly recognition of signs of elder abuse. The City of Cupertino's funding .in the amount of $4,900 enables us to maintain our advocacy efforts and promote residents rights. The Program will use the City's funding for Program operations, including the salary and benefits of the Field Ombudsman, mileage, and volunteer recognition expenses. 2. PLEASE PROVIDE A DETAILED DESCRIPTION OF HOW CITY FUNDS WERE USED LAST YEAR AND HOW THE FUNDING HELPED TO MEET YOUR PROGRAM GOALS OR NEEDS. (PROVIDE CURRENT DATA.) With the City of Cupertino's funding, the Long Term Care Ombudsman Program was able to conduct regular visits to Cupertino's long term care facilities, respond to, investigate and resolve complaints, and be the voice, an advocate, for Cupertino's long term care residents. In this current fiscal year (through 8/31/00), the Long Tem~ Care Ombudsman Program provided the following service to Cupertino's long term care population: Direct Services GOAL YTD (8/31/00) Facility Visits / Presence 50 72 Unduplicated Residents 210 377 Complaints 18 51 AHCD Witnessing N/A 8 Indirect Services Citation Mailings to Cupertino Library N/A 4 In - service on elder abuse N/A I City of Cupertino Human Services Funding Program Application FY 2001 - 2002 Long Te,u~ Care Ombudsman Program at Catholic Charities Proposed 2001-2002 Operating Budget Proposed Operating Expenses Salaries / Benefits / Payroll Taxes $347,174 Operating Expenses - rent, phone, etc. 92,354 Supplies 2,075 Equipment Costs 1,875 Travel 5,670 Conferences & Training (incl. Volunteer Recognition) 6,145 TOTAL OPERATING EXPENSES $455,293 Proposed Operating Revenue Cupertino Grant $ 4,900 Other Cities 91,029 Federal/State Grants 246,688 Fees 5,470 Catholic Charities 37,512 United Way 12,971 Misc. Funclraising/Grants 56,723 TOTAL OPERATING REVENUE $455,293 R~ BTA.'L-'~'~ BX-X,&WS OF CX-'-'-'-q~ZOX,'rc: ~tX'J?XI~S OF ~ O'OBU MXSSXO~ ,and sect o 1.O . hrou h sez ice a vocacy, Catholic Charities enhances the quality of life for all members of the community, especially the poor. We promote the dignity of the individual and the family. We partner with others in working toward a community ba~sed on justice, freedom and compassion. Catholic Charities' services are non-sectarian in nature. Section 1.02 To further its religious and charitable purposes, Catholic Charities: a) Provides services and other assistance to individuals and families; b) Assists communities of people to meet their needs; c) Promotes the Catholic Church's social teaching and advances that teaching by applying Catholic principles in the agency's approach to emerging social probIems as well as to its own organization and programs. d) Accepts A~d receives funds and property, both real and personal, through gifts end other contributions; and, e) Has and exercises such other rights and powers necessar~ for the accOmplishment of the e bore purposes and powers as are now or may be conferred by the Corporate Board of Catholic Charities. f) Not withstA-ding any other provision of these By-Laws, Catholic Charities shall not engage in an~ ac~civitie8 not in furtherance of its religious and charitable (including Social welfare) purposes. AR~X_r~l'.u IX PRX~CXPAL OFFXCES Sect4on 2.01 The principal office of ~he Corporation for its transaction of business is located in the Cit~ of SAn Jose, and Count~ of Santa Clara, California.. 1 Sectlon 4.02 The Directors of the Corporation shall De residents of the State of California. Section 4.03 Each dire~or shall hold o~fice for ~he te~ of t~ee (3) years and un=il a successor director has been elected and ~alified. ~INATZON Section 4.04 ~ person ~alified to be a director ~der Section 4.02 of these B~-Laws ~y be no,hated b~ the method of nomination authorized by the Board or by ~y other method authorized by law. Sect~ on 4.0~ The Directors shall be elected at the a~ual meet~g of the ~ers as prescribed by Section 4.01 of these B~-Laws. The c~didates receiv~g the highest n~m~er of votes up to the n~er of Dire~ors to be elected are elected. Each director shall be elected with the prior approval of the Ro~ Catholic Bishop of S~ Jose, a (Cakifo~ia) co~oration sole. In the event such approval is with~a~ as to ~y ~rector by ~itt~ notice delivered to such director or to the co,ration, ~hen in such event such person shall be de,ed to have resi~ed ~d shall automatically cease to be a director of the co~oration. ~ect~on 4.06 The Directors shall se~e without co~ensation ~cept that they shall be allowed ~d paid their actual ~d necessa~ e~enses ~rred in attending the meetings of the Board or other provisions allow~g pa~ial co~ensation. Section 4.07fa~ Meetings of the Board ~ be called by Chai~ of the Board or by the President or any Vice-President or =he Secret~ or ~y t~ (2) Directors. (b) Ail meetings of the Board shall be held at the principal office of the Co,ration as specified in Section 2.01 of these By-Laws or as ch~ged from t~e to t~e as provided in Se~ion 2.02 of these By-~ws. 3 (h). A majority of the Directors present, whether or not a quorumis present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than twenty-four (24) .hours, notice of the adjournment to another time or place shall be given prior to the time of the adjourned meeting to the Directors who were not present at the time of the adjoum~unent. ~IONWIT~O~TA~TI~Q Section 4.08 Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if all members of the Board of Directors individuall~ or collect~vel~ Consent in writing to such action. Such written consent or consents shall be filed with the =L~nutes of the proceedings o~ the board of Directors. Such action b~ written consent shall have the same force and effect as the ~-~-{mous vote of such Directors. ~ect~on 4.09 (a) The Board of Directors ma~ declare vacant the office of a director on the occurrence of an~ of the following events= (1) The director has been declared of unsound mind by a final order of court; (2) The director has been convicted of a felony; or (3) The director fails to meet the qualification of Section 4.02 and 4.05 of Article IV. R~t(0VA.LWZTH0~T~S~ (b) Except as provided in the A~cles, any director may be removed without cause if such removal is approved by the Board of Directors within the meaning of Section 5032 of the Corporation Code. ~SZGl~J~ZON OF DXRBCTOR Section 4,10 Any director m~y resign effective on givingWritten notice to the Chaiamanof the Board of Directors, the President,the Secretary, or the Board of Directors of the Corporation, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor ma~ be elected t take office when the resignation becomes effe~ive. A director shall not resign where Corporation would then be left without a duly elected director or Directors in charge of its affairs. (c) The Chief Executive Officer of the corporation shall be the general manager of the corporation A-d, subject to the 'c~ntro% of the Board of Directors, s~all have supervision, d~rectlonand control of the day to day bus~ness and affairs of.the co_r~.oration. Such Officer sha~l perform all duties incident to'the office of Chief Executive Officer and such other duties as may be required by law, by the Articles of Incorporation, by the By-Laws, or which may be prescribed from time to time by the Board of Directors. (d) In the absence of the President and Chairwoman · '~ of the Board, or in the event of their inability or refusal to aot~ the Vice-Chairman shall perform all the duties of the President or Chair~n of the'Board, and when so doing shall have all powers of, and be subject to, all restrictions on the President or Chaik~n of the Board. The Vice-Chairman shall have such other powers and . perform such other duties as may be prescribed by the Board of Directors. B'm(~R~TAR~Z (e) The Secretary shall keep or cause to be kept at the principal office of the Corporation, or such other place as the Board of Directors may order, a book of minutes of all meetings of the Board of Directors. The Secretary'shall perform such other and further duties as may be required by law or as may be prescribed or required from time to t~mebythe Board of Directors. (f) The Treasurer of the Corporation shall keep and maintain in written foam or in any other form capable of being converted into written form adequate and correct books and records of account of the properties and business transactions of the corporation, i~cluding accounts of its assets, liabilities, receipts, disbursements, gains A~d losses. The books and records of account shall at all times be open to inspection byA-y director of the Corporation. The Treasurer shall deposit all monies and other valuables in the name of and to the credit of the corporation with such depositaries as maybe designated by the Board of Directors. The Treasurer shall disburse the .funds of the corporation as ordered by the Board of Directors, ~-d shall render to the President or Chairman of the Board and the Directors, on request, an account of all such officer's transaction as Treasurer, and the financial condition of the Corporation. The Treasurer shall perform such other ~-d further duties as may be required by -law or as may be prescribed or required from time to time by the Board of Directors or these By-Laws. A--d appropriateness. This co~ttee also is responsible for setting up the strategic planing day, on-going train{~g for the Board, and reviews, updates, and revises the Agency Long Range Plan as appropriate for recommendation to the Board. d. ~ersonnel/T.earn4nq Co..~.~ttee= This committee reviews reco~uendations for change in the Agency's Standard O~erating Procedures ~A~ual.. It reviews training for staff and volunteers. e. Program/Business/Parishes= This committee researches · ." and recommends new businesses, oversees Agency activities within the parishes, and serves as active liaisons between the Agency and the parishes. It reviews program activities and reco~mLends appropriate expansion, curtailment, or other changes in the Agency service delivery plan after consultation with staff. Sect4on 6.03 The Board may create A~d dissolve other special committees from time to time. The duties of these co~uittees will be established when appointed. ~/%~I~T~ Section 7.01 The Board has the responsibility for reviewing and approving progrnms in accordance with local needs and for developing the related income to support these programs. The Board may institute advisory co_m~ittees to assist it in carrying out its responsibilities. Advisory Co~-qttees are accountn~le tothe Board and assist the Catholic Charities program ~rectors and staff in formulating program objectives, prog=am direction, and in evaluating program problems and progress. ,~qTICLEVIII section 8.01 proposed emen~ents to these ay-Laws may be presented at any meeting of the Board of Directors and can be voted on and accepted by the Board of Directors, provided the statutory members have proved such changes in writing. Section 8.02 Robert Rules of Order, revised, shall be the rule of parliamen~aryprocedure at meetings of the Board. ~ection 8.03 Ail references in these By-Laws to the members are to the statutory members as defined inArticle III. Ail references in these By-Laws to the Board or Board of Directors are to the . Board of Directors as defined ~n Article IV. 9 July 200:1. CORPORATE BOARD CATHOLIC CHARITIES OF SANTA CLARA COUNTY 2625 Zanker Road, Suite 200 San Jose, CA 95134-2107 (NOTE: Area Code is 408 unless otherwise noted) Bishop Patrick McGrath President 983-0195 (w) Diocese of San Jose 983-0200 (fax) 900 Lafayette St., Suite 301 Santa Clara, CA 95050-4966 Msgr. Michael Mitchell Secretary/ 983-0240 (w) Diocese of San Jose Treasurer 983-0296 (fax) Rev. George Aranha 978-0482 (w) Pastor Transfiguration Catholic Community Mary Aumack 285-8862 (w) Vice President Enterprise Channel Sales North America Compaq Computers Joan Bero Chair 947-2542 (w) Regional V, P. & COO Catholic Healthcare West South Bay Mary Ellen Fox 867-2345 (h) Founder 867-3742 (fax) M.E. Fox & Company Jeanette Garretty (650) 367-7021 (w) Sr. Vice Presidem The P~ivate Bank, Bank of America Helen Hansen (Emeritus) (650) 691-1142 (h) Founder Emeritus Catholic Charities of San Jose Mareos L. Herrera, P.E. 978-8200 (w) Associate/Vice President Structural Integrity Associates, Inc. Corporate Board Roster - Catholic Charities of Santa Clara County Hugh Isola 286-5800 (w) Attorney Berliner Cohen Law Offices Philip A. Mahoney 982-8430 (w) Executive Vice President Cornish & Carey Commercial Martina O'Sullivan (831) 371-1578 (w) Director Catholic Charities Monterey Perla Rodriguez 799-5835 (cell) Community Affairs Coordinator Intel Corporation Diane Pelosi Saign 325-5114 (w) Chief Executive Officer 944-0356 (fax) Catholic Charities of Santa Clara County John M. Sobrato Vice Chair 446-0700 (w) General Partner Sobrato Development Companies Steven R. Wade (650) 947-0758 (w) Lecturer Santa Clara University, School of Business Kenneth Wang (650) 855-9600 (w) V.P. of Operations MPK Technology, Inc. Tae. Yoo 526-7659 (w) Direct_or, Community InvesUaem Cisco Systems H:V~lmin\CorpBoard 2001.DOC2 To: Ca~o~c ~ti~s USA Agency ~d Suppo~g ~up From: Dim~ Blur Evms~. Da~: Aunt 13, 2001 Re: 2001 ~1.501(c)3 ~oup R~g for Fed~ T~ Exemption. Enclosed you will find a copy of the 2001 ruling letter st~6ng that organizations listed in ~ Official Ccr[I~Oli~ Directory (OCD) are exempt from federal income taxes. Please keep this on file, as'you may be required to produce this doam~entation for legal masons, grant proposals, and the like. The s~cond er~,closure is a memo fi'om the Office of the Cvenerul Counsel explaining the ruling. Please note'that while the enclosed ruling pertains to 2001, past l~tt~'s should be kept on file to establish the tax cor~equences of transactions that occurred in those years. Please share this material with your fiscal'officers, legal counsd, and d~v¢lopm~nt staff. Ii'you or they have any questions, please call Deirdre Dessingue in the office of the General Counsel at the US Conference of Catholic Bishops at (202) 541-3300. Internal Revenue S~rvice Depar~z~ent of the Treasury · DistrAct Direotor P. O. Box 2508 Cincinnati, OH 45201 Date: June' 28,-.2001 person to Contact: Myrna Huber #31~07276 Telephone Numar: · . 877-829-5500 FAX Number: M~s. Deirdre De~singue 513-263-3756 Associate General Counsel united states conference of Catholic Bishops 3211 '4~" Street, N.E. · Washington, D.C. 20017-1194 Dear Mks. Dessingue: In a ruling dated March 25, 1946, we held that.the agencies and instrumentalities and all educational, charitable and religious institutions operated, supervised, or.controlled by or in connection with the Roman Catholic Church in the United S~ates, its territories or possessions appearing in The Official Catholic Directory 1946, are entitled to exemption from federal income tax under the provisions of section 101(6) of the Internal Revenue Code of 1939, which corresponds to section 501(c) (3).of the 1986 Code. This ruling has been updated annuaily to cover the activities added to or deleted from th6 Directory. The Official Catholic Directory for 2001 shows the names and addresses of all agencies and instrumentalities and all educational, charitable, and religious institutions 6perated by the Roman Catholic Church'in the United States, its territories and possessions in existence at the time the Directory was published. Ir'is understood that each of these is a non-profit organization, that no part of'the net earnings thereof inures to the benefit of any individual, that no substantial part of their activities is for promotion of legislation, and that none are private foundations under section 509(a) of the Code.. Ba~ed on all information submitted~ we conclude that the agencies and instrumentalities and' educational, charitable, an~ religious institutions operated, supervised, or controlled by or in connection. with the Roman Catholic Church im the United States, its territories o~ possessions appearing in The Official Catholic Directory.for ~001 are e~empt from federal income tax under seution 501(c)(3) of the Code. Donors may deduct contributions to the agencies, instrumentalities' and institutions referred to above, as provided by section 170 of the Code. BeqUests, legacies, ·devises, transfers or gifts to them or for their· use are deductible for federal estate and gift tax purposes utder sections 1055, 2106, and 2522 of the Code. -' NT.~TKS..'.. . . July 16, 2001. . . · FOR THE'INFOR~TION OF: Most Revered ~bishops and Bishops, 'Dio~an A~omeys and .Fis~l Managers, and State Coherence Dire~om SUBJECT: 2~1. Group Ruling. n~~~ FROM: ~ E. Ohop~o, General oou (Staff: ' Deirdre Dessingue, ~ociate General Counsel) Endos~ is a ~py of the' Group Ruling issu~ to the United S~tes O0nfemn~ of ca~ol~ Bi~o~ on duly 28, 2001 W ~e Internal R~enue 'Sewi~ {"iRS"), wi~ ~espe~ to ~e federal tax ~s of Cathofic o~ani~fions listed in the 2001 ~iflon of the O~dal Catholic Dire~o~ COCD"~. As explain~ in greater detail below, thi~ ~lng is impotent for e~bliShing: (1) ~e exemption of such organizations from: (a) federal in, me tax; ... (b)' f~eml unemplo~ent.t~ (b~'see ~5 of "~ianation" bel~); a~d (2) the dedu~ibili~, for federal in'me, gi~ and estate t~ pu~0ses, of ~ntdbufions to such organizations. ~e 2001 Group' Ruli~ is ~e latest in a series that b~an with ~e o~ginal deracination of Uar~ 25, 1~6. In the 1~6 dormant, ~e Treasu~ Depa~ent a~ed ~e.exempfion from federal, in,me ~ of all ~th~ic instit~ons listed in ~e OC.D for that y~r. Ea~ year since 1~6, in a separate I~er, ~e 1~6 ruling has been e~end~ to ~er ~e in~i~fions list~ in ~e cu~ent ~. ~e language of ~ rulings has remain~ relatively un~anged, 6xcept to reflect intewening ~ifi~fionsdn~e Internal R~enue ~e CC~e"). ~e 2~1 Group Ruling is ~nsistent ~ ~e 2~0 ruling. Annual group rulings 'dad~ implant tax ~n~uen~s for Catholic instit~ons list~ in ~e COD, and should be mtain~ for ready reference. Rulings ~m eadier yearn am i ' Effective July f, 2001. the name of the United States Catholic Conf. emnce was changed to ~he United StateS Conference of Catholic Bishops. ; A c~py of the Group Ruling may also be found on the U$CC website et www. usccb, o~ogc. 3 CathoEc*organizations with. independent IRS exemption determination letters are Ifsted in the 200f OCD with an asterisk (*),.which is explained at page A. 12 and indicates that such on2enf='ations ere not covered by the Group Ruling. exercise o]'their ministry.are.not considered "emp. loyr~F for FICA (Social Security) pUrpoSes,r~ · and FICA should not be withheld from their salarie~. For Soo/al Secu'ritypu. rpo~.e$, diocesan priests afc subject to self-employment tax ("SECA") on their salaries as well as on the value of r~eals and housi.ng or hodsing allowances provided to them.~ The Ticket to Work and Work Incentives Improvement Act of 1999 established .a two-year wiridow of opportunity for pdests who previously elected not to parlJcipate in Social Security to re-enter the program. Priests wishing to re-Join'Social Security must file Form 2031 with IRS no iaterthan the due.date for their'federal income tax returns for the.seco'nd taxable year beginning after December 31,1999 [generally April .15, 2002]? Neither FICA nor income tax withholding is required on remuneration paid to religious institutes fo~ members Who are subject to vows of poverty and o'bed~ence and. are employed by organizations included in the Official Catholic DJrector~.= " 7.' Form 990. All organizations included in the' OCD must file Form 990, Return of organization Exempt from Income Tax, .unless they are eligible for a mandatory or discretiona;y .exception. There is no automatid exempfion ~rn the Form 990 filing requirement, simply because an organization is listed in the OCD. Organizations required .to file Form 990 must do so by the 15th day of. the fifth month after the close of their fiscal year.~ Among the organizations not required to file Form 990 un, der section 6033 of the Code are: churches; · integrated auxiliaries of churches~; the exclus'wely religious activities of religious orders; schools below college level affiliated with a church'0f operated by a religious order;,, organizations with s ~ LR.C.§3121(b)(8)~A). G LR.C. § 1402(a)(8). ", ' ~ Form 203f is available from your local IRS office or at the IRS website: www. irs. gov. ' Rev. Rul. 77.290, 1977-2 C.B. 26. The penalty for failure to fie the Form 990 is $20 for each day the f~ilure continues, up 'to · maximum of $10,000 or 5 percent of the organization's g..ross receipts, whichever L~ less. However, organizations with annual gro~ race,ts in excess of $1 mil[ion are subject to penalties of $1OO p.er day, up to 'a maximum of $50,000. i.R.C. § 6652(c)(1)(A). LI~ C. § 6033(a)(2)(A)(O; Treas. Reg. § 1.6033-2(h). Effective December 20, 1995, the internal support test formerly contained in Rev. Proc. 86-23, !~a6.1 C,B. 564, is the sole test for determining whether an organization qual'e~es as an integrated auxiliary, of a church. To quali~, en orger~st~n must be described in secgon 501(c)(3), qualify'as other than · private founcfation, be affiliated with a church, and qualify as internally supported. An organization wit] be P. onside, red intemalt, y supported ~ it both: (.1) Offers admissions, goods, services, or facilities for sale, other then on an incidental basis, to the general public (except goods; services, or fac~ies aold at a nominal charge or substentiaSy below cost), and (2) normagy receives more th~n 50 percent of its support from · combination of . governmental sources; public sor~itatJon of contributions (such as through a community fund drive); end receipts from the sale of admissions, goods, performance of services, or furnishing of faciliSes in activities that ere not unrelated trades or businesses. -3- r~qqirem~nts of Rev. Proc: 75.50 are 'met Since 'fa!lure .to do so COuld jeopardize the exempt status of.the school and, In the case'of a' school operated by a.'church, the exempt status of the church Itself. 9. ! ol~ying'ACtiVJtie=. Organizations included in the OCD may lobby for changes in the law, provided such lobbying is not more than an insubstantial part of their total activities. Attempts to influence legislation both directly'and through grassroots lobbying are subject to this restriction. The term 'lobbying' includes activities in support of or in opposition to referenda, constitutional amendments, and similar ballot initiatives. There is no distinction between lobbying activity that is related to an organization's exempt purposes an~l lobbying that is not. There is no fixed percentage that constitutes a safe harbor for 'insubstantial"lobbying. Please refer to your attorney any questions you may have about pe .rmiselble lobbying activities. 10. Political Activities. Organizations Included in the Group Ruling may not participate or Intervene in any political campaign on behalf of or in opposition to any candidate for public office. Violation of the prohibitJon against polifJcal activity can jeopardize the organization's tax-exempt status. In eddrdon to revoking exempt status, IRS may also impose excise taxes on an exempt organization and its managers on account of politicat expenditures. Where there.has been a flagrant violation~ IRS has authority to seek an injunction against the exempt organization and immediate assessment of taxes due. If you have · any questions in' this regard,, please refer them to your attorney. (See OGC Memo dated February 2g,. 2000.) 11. -' ' private FoundatJnn Sf'.;ttss. The. latest Group Ruling affirms that .organizations included in,the OCD are not private foundations under section 50g(a) of the Code. However, ..~ the Group Ruling does. not identify the subsection of section 509(a) under which a particular organization is covered. Organizations ·must determine for themselves whether they qualify for = such status.under the provisions of section 509(a)(1), (a)(2) or (a)(3). Newly-created or newly- ~, affiliated organizations must establish that they are not private foundations as a condition of inclusion in.the Group Ruling and OCD. .12. Group Fxempfion Number.. The group exemption number assigned to USCC is g28 or 0928. This number must be included on each Fo,m 990, Form 990-T, and Form 5578 required to be filed by any organfzation exempt u'nder the Group Ruling.~ We recommend against using the group exemptj'on number on Form SS-4, Request for Employer Identification Number, because in the past this has resulted in IRS including USCCB as part of the organization's name when it enters the organization in its database. If you have questions concerning the Group Ruling or this .memorandum, please Contact Deirdre Dessingue at 202-541-3300 or by e-mai! at ddessingue~usccb.org.. IRS has expressed concern about organizations covered under the Group Ruling fhat fail ~o include the group exemption number, 0928, on their Form 990 fEings, particularly the initial ~ing. MISSION STATEMENT Catholic Charities of Santa Clara County serves and advo-' , cams for families and individuals in need, especially those' liging in poverty. Rooted in §ospel values, We work to Catholic Charities create a more just and compassionate community in' OF SANTA CLARA COUNTY I HABITIE$ which people of all cultures and belief~ can participate. Administrative Offices 2625 Zanker Road San Jose, CA 95134-0275 Main phone: (408) 468-0100 Main fax: (408) 944-0275 -_ Email: ccsj~ccsj.org Web: www. ccsj.org PROGRAMS AND .SER'VICES Senior Programs at Neighborhood Centers. OLDER ADULTS Offer educational classes, ?ecreational and wellness activities for older adults and their families in a culturally Day Break Respite and Caregiver Support Services responsive environment. Services include citizenship, Provides care to dependent elders and their caregivers, information and referral, computer training, noon The respite center offers seniors a range of services meal, tai chi, dances, health education, and cultural including recreation, health promotion and social celebrations. activities ..... ~...; ......... ~ ................................ (408) 278-4900 Eastside Neighborhood Center .............. (408) 251-0215 John XXllI.Multi-Service Center ............ (408) 282-8600 Foster Grandparent Program Works to enhance the lives of children with special needs by placing Iow-income senior volunteers' (age 60 and YOUTH ' over) at 18 sites in Santa Clara County. ..... (408) 325-5206 Youth Empowered for Success (YES) Grandparent Caregiver Resource Center Provides services and activities targeting Latino'and Provides comprehensive services and support to Vietnamese youth and their families. After-school · grandparents and other relatives who have steppe~l programs and support services address conflicts in to raise children .................................... (408) 325-5164 including gangs, truancy, teen pregnancy and dating violence. YES also offers vocational.traihing, ESL Handicapables classes, parent education and a weekly talk show Partners with local parishes-to provide those with ' in Vietnamese.: ............... .,. ...... : .................. (408) 283-6150 physical disabilities educational and recr&ational' activities. Offered monthly at various locations throt;gh- Washington United Youth Center out Santa Clara County. ............................ (408) 325-5179 Provides recreational activities, leadership development, · support services, and cultural programming to the youth Long Term (~..are Ombudsman Program and families of San Jose's Washington community and Advocates for frail, chronically ill residents in all nursing o[her nearby neighborhoods ..................... (408) 938-6731 homes and residentia'l care facilities in Santa Clara County. Responds to, investigates and seeks fair resolution communities Organizing Resources to Advance' to complaints, including allegations of elder abuse and Learning (CORAL) violations of residents' rights .................... (408) 944-0567 Part of the Irvine Foundation's statewide initiative to improve academic achievement for children in neighbor- Senior Nutrition Program hoods and communities during out-of-school hours. Offers a social circle and hot, nutritious meals fo.r seniors .......... : ...................................................... (408) 283-6150 (age 60 and over) five days a week at five different sites across Santa Clara County. .......... ~ ............. (408) 325-5158 continued MISSION STATEMENT Catholic Charities of Santa C.larb County serves and adv°- cotes for families and individuals in need, especially those living in poverty. Rooted in gospel values, we work to Catholic Charities create a mom just and compassionate community in' oF SANTA CLARA COUNTY . which people of all cultures and beliefs can participate. CHARITIES Administrative Offices " 2625 Zanker Road San Jose, CA 95134-0275 RECENT PROJECT Main phone: (40a) 468-0100 HIGHLIGHTS .. Main fax: (408) 944-0275 · The Irvine Foundation awarded Emaih ccsjo~:csj.org Catholic Charities' youth Web: www. ccsj.org division $14 million for its Communities Organizing Founded in 1955, Catholic Charities of Santa Clara County serves the Resources to Advance Learning community by delivering integrated services. The organization is part (CORAL) initiative, a seven-' year effort through schools, of a national netwm'k of Separately incorporated, independent community members and Catholic Charities agencies, service providers to enhance children's social and academi.c success in 5an Jose. '- · Our newest program Day Operating Budget $15 million Break is an innovative program Revenue sources: 'that proVides critical· respite .' and support to. dePend~nt ~ 47% Government Grants elders and their caregivers. · 16% Individual Donors · Catholic Charities' Develop- · 13% Bequests ment Corporation purcha.sed - · 8% Foundations/Corporations .SunserSquare in San Jose, a · 6% Fees for Service 97-unit apa~i,~ent complex for · 5% United Way low-income indiv!dualsand families, who cannot *afford the. · 5% Investment Income * soaring.rents of Sil!con Valley. Employees 225 supported by hundreds of volunteers · Through a creative multi- agency effort, Catholic People Served 50,000 annually Charities maintains a connection between parents Locations 50 sites throughout Santa Clara County and children in foster care - by counseling families Programs 31 programs covering the following through the IntenSive.. service areas: Intervention project. · Older Adults · Our immigration·division · Neighborhood Centers is resettling 50 of the "lo'st' boys of Sudan# here in Santa' · Youth Clara County. The youth ~re.. · Housing ~ refugee orphans from war-torn · Immigrants'& Refugees Sudan who have received ' · Employment · national attention. · Behavioral Health HUMAN SERVICES FUNDING Program CUPEI~TINO A P P L. Z C A T T 0 N 'Outreach & Escort: Funding Available: $10,800 Al~llcyAddl~s 97 E. Brokaw Road, Suite 200, San Jose, CA 95112 Contact~SOll/~e ~tll~am C. Schwarz, V~ce President, Operations Telephone number . (a08) 436-2865 Ifyou arc applyins for le~ ~ea the available amount, how much is this proposal for? $ Using additional sheets of paper' please respond to the following: L How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) 2. Please provide a delailed descdption of how city funds were used last year, and how the ~ helped to meet your program goals or needs. (Provide current data.) 3. Along with this application form, please'submlt a budget summary of your ~or~mi~on. 4. If you arlmlni~er a private, non?rofit agency, the foll°Wi~i infcamation is required: · A copy of the agent, by-hws ~ A current list ofthe agency's ~ or--rs . A letter from the IRS stating the tax-exempt stares of the agency · · Acopy oftle agency i..~urance policy/certiflcateofinsurance The applicant hertbypr°p°S es to provide the services in accordanqe with the Human'Services policy of the city of Cupertino as stated in this proposal. If .this proposal ts approved and funde& it is agreed that relevant federal, state and local'regulations and other assurances as required by the city of Cupertino will be adhered tO. Furthermore,. as duly authorized representuti ve of the'applicant organiza- tior~ the applicant is fully capable of fulfilling its obligation uM__er this proposal'as stated herein. This application and the information Contained herein are true and correct and complete to the best of my knowledge 9/20/01 On July 1, 1995 the Santa Clara County Transit District increased paraUaasit fares from $1.50 per one-way ride to $2.20 per one-way ride. On July 1, 1999 this was again increased to $2.50 per one-way ride. This h_a_s made it difficult for many paratransit users. Funds from the City of Cupertino's Human Services Program will be used to subsidize this cost of paratransit to low in- come, at-risk frail elderly, and disabled residents of the City of Cupertino who need door-to-door transportation for medial, social services, nuflition, day care, grocery shopping, and education services and who do not have access to public or private transportation. Clients are screened for eligibility under the Americans with Disabilities Act (ADA). There is an on-going and increasing need for paratransit transportation services in the City of Cupertino. "Paratransit" is defined as non-fixed route, door-to-door public transportation. There are residents in the City of Cupertino who have on-going transportation needs without access to public or private transportation services. Outreach & Escort, Inc., hereaf~ called OUTREACH utilizes subsidized taxis and accessible vans to accol~Lrnodate eligible clients with transportation unmet needs. Currently 80% of all flips taken are medical or medically related, indicating the essential need for paratransit. The remaining 20% of the trips are used for shopping, legal mat- ters, banking, etc. This transportation service allows mobility-limited residents of the City to ac- cess the full resources of the community and for these residents to be malustreamed and lead well balanced lives. ARer adminisUative and overhead expenses, this funding will provide a subsidy of $1.20 per one-way ride for 8,200 oue-way rides to approximately 220 low-income Cupertino residents during the period of November 1, 2001 through June 30, 2002. Clients will begin to pay $1.30 rather than $2.50 per one-way ride effective November 1, 2001 until the funds are depleted. The need for paratrausit for the frail elderly and disabled of Cupertino continues to grow rapidly as the population of the City ages. Please provide a detailed description of bow city. funds were used last year and bow the fund- ing helped to meet your program's nee,~ During FY 2000 - 2001 (ending June 30, 2001), OUTREACH provided 24,178 rides to 350 un- duplicated clients who were residents of the City of Cuper6no. OUTREACH therefore served 32 more unduplicated clients and provided 2,037 more tides than the previous year. Both sedans and accessible vans were used to provide service. Funding of $10,440 provided in FY 2000- 2001 represented 5.8% of the actual expenses OUTREACH incurred in providing paratransit services to clients residing in Cupertino. It is our hope that this proposal will be approved and funded in the amount of $10,800. This will allow the disabled Cupertino population to continue to use affordable paratransit service. OUTRRACH TRANSPORTATION FUND OPERATING BUDGET 2001-2002 CITY OF CUPERTINO REVENUE Program Income 17,650 City Contract 10,800 Contract Revenue - SCVTA 179,300 TOTAL REVEmJE 207,750 EXPENSES Salaries 16,076 Payroll Taxes 1,030 Employee Benefits 1,829 Audit Expenses 237 Computer Costs 896 Other Contracts 165 Local Travel 37 Conference & Per Diem 22 Sea~nJVan Contracts 174,215 Intereounty Service 1,585 Drug Testing 434 Rent/Janitor 1,575 Office Supplies 250 MTC Programming 43 Printing/Xeroxing 259 Equipment Purchase/Lease 88 Insurance/Bonding 228 Publicity/Subscriptions 34 Repairs 70 Employee Development 30 Administration 7,532 Recruitment 33 Telephone 847 Pos~ge 195 Contingency 40 TOTAL EXPENSES 207,750 U T R EACH BYLAWS .. OF OUTREACH & ESCORT, INC. SANTA CLARA COUNTY Implementation Dates Initial Approval 4/04/79 1" Amendment 6/17/82 2"d Amendment 11/24/82 3'd Amendment 2/17/83 4"'Amendment 10/28/83 8n Amendment 10/28/87 7"' Amendment 9/21/88 8"' Amendment 3/15/89 I~' Amendment 9/20/89 10"' Amendment 9/18/91 1"' Amendment 6/24/92 2"' Amendment 3/18/94 13~'Amendment 11/16/98 BYLAWS TABLE OF CONTENTS ARTICLE I NAME...~ ........................................................................................ 1 ARTICLE H PURPOSES ........................................................................................ . -- ......... ...... 1 ARTICLE III OFFICES ....................................................... 2 ARTICLE IV DIRECTORS OF THE BOARD ............................................................. 2 ARTICLE V MEETINGS OF THE BOARD ................................................................... 6 ARTICLE VII ELECTIONS .................................................................................................... 10 ARTICLE VIII EXECUTIVE COMMITTEE .................................................................................. 11 ARTICLE IX STANDING COMMITTEES .................................................................. 12 ARTICLE X FINANCES ................................................................................................................ 15 ARTICLE XI BOOKS AND RECORDS ........................................................................................... 16 ARTICLE XII PROGRAM ................................................................................................... 17 ARTICLE XIII STAFF .................................................................... 17 ARTICLE XIV WAIVER OF NOTICE .................................................................................. ..~ .... . .., 18 ARTICLK XV A_MEN-DEMENT TO BYLAWS OF CORPORATION ................................................. 18 CERTIFICATION OF SI~.C'RF. TARY ..................................................................................... 19 BYLAWS of OUTREACH & ESCORT, INC. ARTICLE I NAME 1.1 Name: The name of the corporation shall be OUTREACH & ESCORT, Inc., hereinafter sometimes referred to as OUTREACH or "the corporation." ARTICLE II PURPOSES 2.1 Mission: The mission of OUTREACH is to connect individuals in the Bay Area with the services they need to maintain or improve their independence and dignity. We do this with a holistic approach, applying technology and parmerships to achieve the highest benefit for our clients and coalm~n|ty. 2.2 Primary Emphasis: Thc primary emphasis of OUTREACH shall be to develop, administer, coordinate, and promote services, programs, technology solutions and partnerships, to achieve the highest benefit for our clients and the community. 2.3 Other Purposes Include: a) Soliciting funds for operations/programs of OUTREACH and to build financial stability, revenue diversity and overall agency viability. b) Coordinating planning and program operations, and building cooperative parmerships with governmental agencies and other public/private corporations, institutions and entities. By Laws Page 2 c) Receiving and provid'mg technical assistance and tcchnology development. d) Providing access in a collaborative and holistic manner to internal and external community s~qiccs and benefits that will enhance our target population's independence. e) Branching out into new and/or expanded services or solutions for independence for our target population. 2.4 OUTREACH, its Directors and staff are prohibited against participation in political activities in the name of the corporation or using any OUTREACH resources, property, or facilities for this same puxpose. 2.5 OUTREACH shall limit lobbying to those activities, and the amount of activities, that are allowable under specific regulations applying to non-profits in the Internal Revenue Code. OUTREACH shall not employ paid lobbyists. ARTICLE IH OFFICES 3.1 Principal Office The principal office of the corporation in the State of California shall be located in Santa Clara County. OUTREACH may have such other offices, either within or without the State of California as the Board of Directors may determine or as the affairs of the corporation may require. The Board of Directors is granted full power and authority to change the principal office from one location to another. Any change shall be noted by the Board Secretary, but shall not be considered an amendment of these Bylaws. ARTICLE IV DIRECTORS OF THE BOARD 4.1 Residency The affairs of the corporation shall be managed by its Board of Directors. Board members must be residents of the greater San Jose/San Francisco Bay Area. o.a-5'3 Bylaws Page 4.2 Number and Tenure The number of at-large elected Directors shall consist of no fewer than ten (10) and no more than fifteen (15), with the exact number of Directors to be fixed within these specified limits by the Board of Directors. Each Director shall hold office for three (3) years, and may be re-elected for four (4) consecutive three (3) year additional teu.s. After serving twelve (12) consecutive years, a Director must remain off the Board for a minimum of one year before s/he can be renominated at the end of twelve (12) consecutive years. 4.3 Selection and Election of New Directors Membership on our Board shall be open to all individ-AIs who satisfy residency requirements, are recommended by the Nominating Committee, and are approved by the Board of Directors (See Article 7.1). 4.4 Vacancies Any vacancy occurring on the Board of Directors shall be filled by the Board of Directors. The Nominating Committee may make a recommendation to the Board at any lime throughout the year to fill a vacancy. Unanticipated vacancies caused by resignation, removal, or death shall be filled by election of the Board of Directors within ninety (90) days of the effective date of the vacancy, when there are fewer than ten (10) Board members serving. Greater time may be taken to recruit and elect the new member when there are more than ten (10) Board members still serving. 4.5 Resitmation of Elected Directors and Officers Any Director/Officer may resign effective upon giving written notice to the Chai~per~)n or the Secretary-Treasurer or to the Board of Directors. Except upon notice to the Attorney General, no Director may resign where the corporation would then be left without a duly elected Director in charge of its affairs. 4.6 Removal of Elected Directors and Officers Absence fi'om-two (2) consecutive board meetings within a calendar year, without an excused absence granted by the Board Chair for reasonable cause, is equivalent to resignation from the Board. Confirmation of such absences and subsequent removal shall be given the Director, in writing, by the Secretary. Any Director or Officer who fails to perfonn duties in accordance with the standards of conduct of his/her term/office may be removed from office. Any Director or Officer may be removed without cause whenever, in the Board's judgment, the best interests of the corporation would be served. Removal with or without cause shall require approval by a majority of all of the Directors then in office at a regularly scheduled meeting or at a special meeting duly called and noticed for that purpose. Notice of removal shall be given in writing to the Director by the Secretary not more than 10 days subsequent to such action. By Laws Pag~ 4 4.7 Members This corporation shall have no members. 4.8 Compensation Directors, as such, shall not receive any monetary compensation for their services. Directors may be reimbursed for reasonable expenses (travel or out-of pocket expenses), when approved in advance by Board Chair and when the Board Chair reviews and approves submitted receipts detailing legitimate expenses. All such approved reimbursements will be processed by the Vice President, Finance and Administration or the CEO, at the request of the Board Chair. 4.9 Conflict of Interest Board members or candidates must disclose business, fmanciai, personal and/or family relationships that can create a potential conflict of interest and abstain on those Board decisions related specifically to those matters; Board members may not offer, for personal reimbursement, professional services or goods that compete with OUTREACH. 4.10 Board members must not accept gifts or gratuities, of any value, from persons or organizations doing business with the corporation. 4.11 Persons related to Board members will generally not be hired as employees for the corporation. The CEO may allow exceptions when there is shown to be no conflict of interest, the Director does not personally financially benefit, and it is in the best interest of the corporation. The routine open hiring process for all job applicants must be strictly followed. 4.12 Duties The OUTREACH Board of Directors is expected to (1) set overall strategy and policy objectives, (2) react to the ways the staffplans to achieve those aims, and (3) monitor whether the organization is making sufficient progress toward its goals. Except during Executive Session, these tasks will always be performed in the presence and through direct interaction with the CEO or the CEO's desi~ated staff representative. A Director slfill perform the duties of a Director including those of a member of any Board Committee upon which s/he may serve in good faith and with such care as s/he believes to be in the best interest of the corpOration. In performing a Director's duties s/he is entitled to rely on information, opinions, reports or statements including financial data, which have been px~red or presented by certain persons, including officers or employees, coun~l, independent accountants, professionals or experts deemed to be competent in their respective fields or a Committee of the Board upon which the Director does not serve and which merits confidence. 4.13 Officers and Directors have a fiduciary responsibility to the corporation. Bylaws Page 5 4.14 Indemnification of Directors. Officers. Employees. and other A~ents A. Right of Indemnity To the tidiest extent l~,,,,itted by law, this corporation shall indemnify its directors, officers, employees, and other persons described in Section 5238(a) of the California Corporation Code, including persons formerly occupying any such position, against all expenses, judgments, frees, settlements and other amounts actually and reasonable incurred by them in connection with any "proceeding", as that re,,, is used in that Section, and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that Section. "Expenses", as used in these bylaws, shall have the same meaning as in Section 5238(a) of the California Corporations Code. B. Approval of Indemnity On written request to the Board by any person seeking indemnification under Section 5238Co) or Section 5238(c) of the California Corporations Code, the Board shall promptly detect, ne under Section 5328(e) of the California Corporations Code whether the applicable staodnrd of conduct set forth in Section 5238Co) or Section 5238(c) had been met and, if so, the Board shall authorize indemnification. C. Advancement of Expenses To the fullest extent p~mitted by law and except as otherwise determined by the Board in a specified instance, expenses incurred by a person seeking indemnification under (Article 4.14) of these Bylaws in defending any pmcceding covered by (Article 4.14) of these Bylaws shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately detei,;~ined that the person is entitled to be indemnified by the corporation for those expenses. 4.15 This corporation shnll purchase and maintain insurance to the full extent permitted by law on behalf of its Officers, Directors, employees and other agents, to cover any liability asserted against or incurred by any Officer, Director, employee or agent in such capacity or arising from the individunl's status as such. 4.16 Powers of Directors Subject to the limitations of the Articles of Incorporation and of the Nonprofit Public ' Benefit Law of California, all corporate powers shall be exercised by or under the anthodty of, and the business and affairs of the Corporation shall be contwlled by the Board of Directors. Without prejudice to these general powers but subject to the ssme limitations, it is expressly declared that our Directors shall have the following powers: By Laws Pa~e 6 a) To appoint, conduct regular performance review for, and remove the President o£ OUTREACH and to prescribe powers and duties for Officers of the Board of Directors as may not be inconsistent with law, with the Articles of incorporation, or with these Bylaws. b) As they may deem best, to conduct, manage, and control the affairs and business of OUTREACH and to make such policies as are consistent with law, with the Articles of Incorporation, or with these Bylaws. c) To elect representatives from among the Directors to serve as Officers and Officers-at-large on an Executive Committee. d) To adopt, make and use a corporate seal and to alter the fo,a of the seal flrom time to time as in their judgment they deem best, provided the seal shall at all times comply with the provisions of law. e) To manage in the manner they deem best all funds and property, real and personal, received, acquired, or earned by the corporation and to distribute or dispense them. f) To make and publish policies, not inconsistent with these Bylaws, that govern the operation and use of the Corporation's facilities. g) To contract for an ann-si independent audit which shall be reviewed and formally accepted by vote of the Board of Directors. h) To delegate the management of the activities of the corporation to any person, persons, management company or committee, however composed, provided that the activities and affairs of the corporation shall be managed and ail corporate powers shall be exercised under the ultimate direction of the Board. ARTICLE V MEETINGS OF TIqF. BOARD 5.1 Regular Meetings Regular meetings of the Board of Directors shall be held no less than four times per year at an established place and time, as shall be fixed by the Board of Directors. 5.2 Special Meetings Special meetings of the Board of Directors for any purpose or purposes may be called at any time by the Chair, by the Secretary, the Vice-Chslr, or by any two (2) Directors. The person or persons authorized to call special meetings of the Board shall determine the time and place of Bylaw~ Page 7 the special meeting and give proper notice to all Directors. The business to be transacted at and the purpose of the special meeting of the Board of Directors shall be specified in the notice of such meeting and be subject to requirements for quorum (Article 5.4 below) and manner of acting (Article 5.5). No other business may be transacted at said special meeting. 5.3 Notice Notice of any special meetings of the Board of Directors shall be given by telephone or by written notice, delivered personally, sent by mail to each Director at his/her address as shown by the records of the corporation, sent by Fax or sent by electronic mail. If sent by regular mail, such notice shall be deemed to be delivered when deposited in the United States mail, so addressed with postage thereon p~aid, at leas~ five (5) working days before the meeting. The attendA,~ce of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the mmsaction of any business because the meeting is not lawfully called or convened. All such waivers, consents and approvals shall be filed with the corporate records or made part of the minutes of the meeting. 5.4 Quorum Fifty-one percent (51%) of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. If less than fifty-one percent (51%) of the Directors are present at said meeting, a majority of the directors present may adjourn the meeting without further notice. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meeting. 5.5 Manner of Acting The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act ofthe Board of Directors. 5.6 Procedure The Board of Directors shall keep regular minutes of its proceedings. These minutes shall be mailed to Board members at least five (5) days prior to the next scheduled meeting. 5.7 The rules of procedure at meetings of the Board shall be according to Robert's Rules of Order (Revised) on parliamenteE~ procedure, so far as applicable and when not inconsistent with these Bylaws, State law, or other written and adopted organizational procedures. The rules of procedure may be suspended by a 2/3 majority vote of those present and voting at any meeting, a quorum present. By Laws Page 5.8 Validation of a Defective Meetin~ The transactions of any meeting of the Board of Directors, however called, and noticed or wherever held, shall be as valid as though done at a meeting held aRer regular call and notice, ifa quorum is present and if each of the Directors not present signs a written waiver of notice or a consent to holding the meeting. Directors who are not present may also "approve the minutes of the meeting in writing." All waivers or consents shall be filed with the minutes of that meeting. 5.9 Adjournment A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. 5.10 Action Without Meeting Any action by the Board of Directors may be taken without a meeting, and without compliance with the ballot procedure set forth in Article 5.11, if all Directors individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors. 5.11 Acts without Meeting on Ballot Ballot Process procedures: a) Any action which may be taken at any regular or special meeting of the Board of Directors may be taken without a meeting if the corporation distributes a written ballot to every Director entitled to vote on the matter. Such ballot shall set forth the proposed action, provide an opportunity to specify approval or disapproval of any proposal, and provide a minimum of 10 working days within which the ballot must be received by the corporation. b) Approval by written ballot purs~mnt to this section shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a meeting at which the total number of votes east was the same as the number of votes cast by ballot. c) Ballots shall be solicited. All such solicitations shall indicate the number of responses needed to meet the quorum requirement and shall state the perce~t,,ge of approvals necessary to pass the measure submitted. The solicitation must specify the time by which the ballot must be received in order to be counted. d) Unless otherwise provided in the articles or Bylaws, a written ballot may not be revoked. Bylaws Page 9 ARTICLE VI OFFICERS 6.1 Officers of the Board of Directors The Officers of OUTREACH shall be a Chairperson, a Vice-Chairperson, a Secretary- Treasurer, and two officers-at-large or such other Officers as the Board of Directors may elect as set forth in Section 8.2. The Board of Directors may elect or appoint such other officers as it may deem desirable. Officers shall be chosen by the Board and serve at the pleasure of the Board. Officers are elected at the last regular meeting each calendar year for a one-year tenn. An officer may resign at any time upon giving written notice to the Secretary-Treasurer or to the Chair for submission to the Board. The Board of Directors may elect or appoint such other officers as it may deem desirable. Such officers have the authority and perform the duties prescribed by the Board of Directors. Any two or more offices may be held by the same person, except the offices of the Chair and Secretary. 6.2 Chair The Chair shall preside at all meetings of the Board of Directors and the Executive Committee of the Board of Directors, and shall be an ex-officio member of all committees except the Nominations Committee. S/he shall, subject to the consent and approval of the Board of Directors, appoint committee chair-persons. S/he shall sign any documents or instruments which the Board has authorized to be executed, except in cases when the signing and execution thereof shall be expressly delegated by the Board or by these Bylaws. The Chair is responsible for the development of a three (3) year plan in conjunction with the Executive Committee and the Board Directors. 6.3 Vice Chair The Vice Chair shall, when directed by the Chair, or in the absence of the Chair, assume the duties of the Chair. 6.4 Secretary-Treasurer The Secretery-Treasurer shall keep minutes of all Board Meetings and shall be the custodian of all papers, records, and documents of OUTREACH. These duties may be delegated to agency staffby the Secretary-Treasurer. At each meeting the Secretary-Treasurer shall be prepared to read the mi~lutes of any previous meeting. The Secretary-Treasurer shall be custodian of all property of OUTREACH and shall receive, hold, and disburse funds of OUTREACH. The Seeretary-Treasurer shall keep proper records, shall be prepared to present a current financial statement at any Board meeting. The Secretary-Treasurer shall be responsible for coordinating the activities of the Finance and Admlrfistration CommiRee. By Laws Pa~e lO 6.5 Election and T¢.~, of Office A slate of officers shall be recommended by the Nominating Committee prior to the last regular meeting of the Board of Directors each calendar year. Elections shall take place at th_~t meeting and additional nominations may be made from the floor at the time of the election. Each nominee must have served as a Dil~ztor for a minimum period of six (6) months; however, this provision may be waived by good cause by two-thirds (2/3) vote of a quorum of the Board. All officers shall be elected for a one year te~m. There is no limit to the number of terms an officer may serve as long as s/he is a qualified member of the Board. 6.6 Any officer may be removed by a majority (51%) vote of a quorum of the Board of Directors with or without cause whenever, in the Board's judgment, the best interests of the corporation would be served. Notice of removal shall be given in writing to the officer by the Secretary not more than ten (10) days subsequent to such action. 6.7 President/CEO The President shall be the chief executive officer of the corporation and, subject to supervision of the Board of Directors, shall have general management of the activities of the corporation. The President of OUTREACH is authorized on the Board's behalf to submit proposals to fund agency pro,ams in the need areas adopted by the Board, and is authorized to execute and bind the corporation to any contract award. The president shall also perform such other duties as the Board of Directors shall prescribe. The President shall be chosen by the Board of Directors and serve at the pleasure of the Board subject to such officer's rights, if any, under any contract of employment. ARTICLE VH ELECTIONS 7.1 Elections: Annual Election of Directors and Officers: A slate of candidates for Directors and Officers shall be ~ by the Nominations Committee and presented at the second to last regular meeting each calena~r year meeting (See Article 9.1). Any Director may make nominations for Officers and/or Directors from the floor at that meeting, provided consent to the nomination is obtained from the nominee. Such names shall be added to the list submitted by the Nominations Committee and placed on the ballot. In the case of more than one nomination for an office, the vote shall be by secret ballot. Nominations from the floor will remain open until formally closed at the election meeting. In the case of more than one nomination for an office, the vote shall be by secret ballot. The elections shall be held at the last regular meeting of each calendar, year and the new Directors and new Officers shall begin their te,,,~s at the next regularly scheduled meeting (see Article 4.3). Bylaws Page ARTICLE VIH EXECUTIVE COMMITFEE 8.1 Designation There shall be an Executive Committee of the Board of Directors. 8.2 Number and Oualificafion The Executive Committee shall consist of the Board Chair, the Board Vice Chair, and the Chairs of the Finance & Administration, Nominations, and Personnel Committees. 8.3 Authority The Executive Committee may act for the Board of Directors between meetings of the Board, within the policies established by thc Board and with such additional authority as may be delegated by the Board of Directors, except in those matters reserved in these Bylaws for det~mfination by the Board of Directors. The Executive Committee shall be responsible for coordinating all policy making of OUTREACH. 8.4 Meetings The Executive Committee shall meet at least one week prior to the next regularly scheduled Board meeting and more often as needed, at a time and a place to be determined by the . Executive Committee. Executive Committee agendas must be disclosed in advance to the full Board. Meetings will be open to attendance by any interested Board member. Only its duly elected members may vote or count in establishing a quorum in Executive Committee meetings. 8.5 Ouomm, Majority Vote. Procedure A majority of members of the Executive Committee shall be required for the transaction of business at any meeting of the Executive Committee. The act of a majority of the members present at any'meeting at which a quorum is present shall be the act of the Executive Committee, except as otherwise specifically provided by statute, the Articles of Incorporation, or these Bylaws. ff a quorum is not present at a meeting of the Executive Committee, the members present may adjourn the meeting without notice, other than an announcement at the meeting, to be reconvened when a quorum is present. The Executive Committee shall keep regular minutes of its proceedings which shall be placed in the minute book of the corporation. A report of the actions of the Executive Committee shall be made to the Board of Directors at its next regularly scheduled meeting. By Laws Page 12 8.6 An~,,nl Review of Coroomte President/CEO The Executive Committee does the initial arm,,al review of the CEO, evaluating performance and recommending compensation. Their annual review recommendations are then forwarded to the full Board for deliberation and final approval. ARTICLE IX STANDING COMMITI'EES 9.1 Standing Committees.' Personnel, Nominations, and Finance Committees. The Board's Standing Comroittees shall be: Finance and Administration, Personnel, and Nominations. The Bomxi of Directors, by resolution adopted by a majority of the Directors, may designate, appoint, or terminate additional standing and/or special committees to the extent provided in said resolution. a) The Nominations Committee shall be a standing committee consisting of no fewer than three (3) but not more than 50% of Directors who shall be appointed annually during the last meeting of the calendar year by the Chairperson, subject to confirmation by the Board. The Chair of the Nominations Committee shall be appointed by the Chairperson of the Board. The Chairperson shall not be a member or ex-officio member of the Nominations Committee. b) The Personnel Committee shall be a standing committee consisting of no fewer than two (2) but not more than 50% of Directors who shall be appointed annually during the last - meeting of the calendar year by the Chairperson, subject to confirmation by the Board.. The Chair of the Personnel Comnlittee shall be appointed by the (~hairperson of the Board. c) The Finance Committee shall be a standing committee consisting of no fewer than two (2) but not more than 50% of Directors who shall be appointed ann-ally during the last meeting of the calendar year by the Chairperson, subject to confirmation by the Board. The Chair of the Finance Committee shall be the Secretary-Treasurer of the Board, an elected officer (see Article 7.1). A. Purpose of Personnel Committee: The Personnel Committee advises the CEO on personnel policy issues. The Personnel Conamittee has three major tasks: a) In cooperation with staff, develops and recommends to the full Board personnel policies and procedures. Bylaws Page 13 b) Oversees the agency's efforts to comply with all labor-related legislative and regulatory issues at the national, state, and local levels. Initiate a biennial comparability study for agency salaries and benefits. c) Oversees and make recommendations to the full Board on alterations in the organizational ~t~acture, functional positions, and compensation. B. Purpose of Nominations Committee: The Nominations Committee shall be a standing committee consisting of no less than three (3) Directors who shall be appointed annually during the last meeting of the calendar year by the Chairperson, subject to confirmation by the Board. The Chairperson shall not be a member of the Nominations Committee. The primary functions of this committee shall be as follows: a) The screening and recommending of nominees for the Board of Directors subject to reports set forth for the Board membership in these By Laws. Such nominees shall be presented to the Board of Directors ann-nlly to replace expired terms when indicated, and as necessary to fill any vacancies on the Board. b) The preparation and presentation of a slate of candidates for Officers of the Board. The Nominations Committee shall submit a recommended slate of candidates to fill regular, anticipated vacancies on the Board of Directors to the Board at the second to last regular Board meeting each calendar year as set forth in Section 7.1. Those elected will begin their terms of office at the next regularly scheduled Board meeting. c) The conducting and supervising of all Board elections. ,.._ C. Purpose of Finance Committee: The Finance Committee coordinates the Board's financial oversight responsibilities by recommending policy to the Board, interpreting it for the staff, and monitoring its implementation. The Finance Committee has several major tasks: a) Seeing that accurate and complete financial records are maintained. b) Seeing that accurate and complete financial statements are prepared and presented to the Board. c) Seeing that budgets and anticipatory financial statements are pre .tinted and presented to the Board. d) Safegnarding the organization's assets. By Laws Page 14 e) Establishing and periodically reviewing inve~uuent policy for Board approval; providing oversight of Agency invest.uents per the policy. f) Complying with federal, state, and other reporting requirements. g) Helping the full Board understand the organization's finances. h) Providing oversight of the organization's Anmmi financial audit and recommending action to the full Board in accordance with Section 10.5. 9.2 Svecial Committees Each committee shall consist of at least one (1) Board Director and additional members but no more than 50% of Directors appointed by the Board Chair as needed to carry on the work of the committee. The Board Chair shall appoint the committee chair of each special committee. Subject to approval of the cor~mittee chair and a majority of its seated members, the chair of a special committee may select and delegate individuals, who are not Board members, to serve on such committees as interested individuals or subject matter experts. There is no set t~,~,l of service for such members. The work of these committees will be forwarded to the Executive Committee of the Board for review and acceptance. Appropriate matters will then be forwarded to the Board as information and/or for review and approval. The Board of Directors, by resolution adopted by a majority of the Directors, may designate and appoint additional standing and/or special committees, to the extent provided in said resolution. 9.3 Term of Office Each Board member of a committee shall continue as such until the next Board Chair is elected or until her/his successor is appointed, unless the committee shall be sooner terminated or unless such member shall cease to qualify as a member thereof. 9.4 Vacancies Vacancies in the Board membership of any conunittee may be filled by appointments made in the same manr~er as provided in the case of original appointments. 9.5 Quorum Unless otherwise provided in the resolution of the Board of Directors desi~ating a committee, a majority of the whole committee shall constitute a quor~m and decisions made at meetings, in which a majority of the members are present, shall be the act of the committee. Bylaws Page 1.5 9.6 Rules and Functions Each committee may adopt rules for its own proceedings, not inconsistent with these Bylaws or with rules adopted by the Board of Directors. Each committee shall formulate a statement of its function which shall be submitted to the Board of Directors for approval. ARTICLE X FINANCES 10.1 Budget The Board shall adopt an annual budget in each fiscal year and shall revise the budget as required by changing circumstances. 10.2 Fixed Expenses The Seerctary-Treasurer or his/her designee and the President/CEO, shall be responsible for ensuring the payment of all fixed expenses of OUTREACH, upon authorization of the Board of Directors. 10.3 Checks The signature of a Board Officer and the President/CEO will be required on all checks eqnni to or over $10,000. The President/CEO may delegate his/her responsibility only to appropriate staff persons or to another member of the Board. 10.4 Deposits All funds of the corporation shall be timely deposited to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. 10.5 General Audi~and Annual Report An annual independent audit shall be conducted under conmsct and reviewed and accepted by the Board of Directors no later than one hundred and twenty (120) days aRer the close of.each fiscal year. The audit report shall be presented to the Board of Directors within thirty (30) days of its completion. By Laws P~ge 16 10.6 Contracts The Board of Directors may authorize any officers or agents of the coxporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation. Such authority may be general or confined to specific instances. 10.7 Prooosals and Solicitation of Funds The Board of Directors may authorize any officers or ~gents of the corporation, in addition to the officers so authorized by these Bylaws, to submit any proposal or solicit funds in the name of and on behalf of the corporation. Such authority may be general or confined to specific in.stances. ARTICLE XI BOOKS AND RECORDS 11.1 Fiscal Year The fiscal year of the corporation shall begin on July 1 and end on June 30. An independent audit of the books and records of the corporation shall be conducted armuRlly. The audit report shall be presented to the Board of Directors within thirty (30) days of its completion (Article 10.5). 11.2 Books and Records The co~oration shall keep correct books and records of accounts, records of attendonce, and the minutes of the proceedings of the Board of Director and Executive Committee meetings. The corporation shall keep an accurate record of the names and addresses of the Board of Directors. Bylaws Page 17 ARTICLE XII PROGRAM 12.1 Pro~c, ns/Operations The Board of Directors may authorize the organization and development of such programs and operations as may be found expedient for the provision of service to the community and which are consistent with the mission of the agency. Each program or operation shall be administered in accordance with the structure, policies and procedures submitted to and approved by the Board of Directors of OUTREACH. 12.2 Discontinuance The Board of Directors of OUTREACH may discontinue any of its programs/operations provided there has been consultation with the CEO and other stuff as appropriate. The final decision shall be the responsibility of the Board of Directors. ARTICLE XIH STAFF 13.1 Employment All staff of the corporation are employed in accordance with the provisions of these Bylaws and in accordance with the Personnel Policies and Procedures Man, al established by the Board of Directors. 13.2 President/CEO The President/CEO shall be the chief executive officer of the corporation and, subject to supervision of the Board of Directors, shall be responsible for general management of the activities of the corporation. The President/CEO is authorized on the Board's behalf to submit proposals to fund agency programs in the need areas adopted by the Board, and is authorized to execute and bind the corporation to any contract award. The President/CEO shall also perform such other duties as the Board of Directors shall prescribe. The President/CEO shall be chosen by the Board of Directors and serve at the pleasure of the Board subject to such officer's fights, if any, under any contract of employment. The President/CEO is responsible for the execution and Administration of policies, programs, and operations approved by the Board. She/he attends and may participate in discussions of all meetings of the Board of Directors and the Executive Committee at their pleasure, except when matters of her/his own employment are under consideration. She/he may By Laws Page attend and participate in all meetings of standing and special committees. The President/CEO acts as the agent of the Board of Directors in the employment and release of staff according to the policies and procedures established by the Board of Directors. As head of staff, the President/CEO is responsible for the supervision and direction of the staff and for the implementation of approved personnel policies. 13.3 Limitation of Function Any currently employed staff member is not eligible for membership on the Board of Directors, or for election to any office, or for appointment to the voting membership of any committee provided for in these Bylaws. ARTICLE XIV WAIVER OF NOTICE 14.1 Waiver of Notice Whenever any notice is required to be given under the California Non-Profit Corporation Act or under the provisions of the Articles of Incoq~oration or the Bylaws of the corporation, a waiver thereof, in writing, signed by thc person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XV AMENDEMENT TO BYLAWS OF CORPORATION 15.1 These Bylaws nmy be nltered, emended or repealed and new Bylaws my be adopted by a majority of the Directors present at any regular meeting or at any called meeting of the Board of Directors, if at least five (5) days written notice is given of an intention to alter, amend, or ~ these Bylaws at such meeting. Bylaws Page l9 CERTIFICATION OF SECRETARY I certify that I am the duly elected and acting Secretmy of Outreach & Escort, Inc., a California nonprofit public benefit corporation, that the above Bylaws, consisting of 20 pages, are the Bylaws of this corporation as adopted by the Board of Directors on /~//~/~'~ , and that they have not been amended or modified since that date. September 20, 2001 OUTREACH GOVERNING BOARD ROSTER 2001 OFFICERS: Chair: Linda Counts-Hayden Vice Chair: Frieda Feci Secretary-Treasm~: Russ Klein CORPORATION: 4. Graeie Veronica-Corona (11/2001)* 1. Ade Adesokan (11/2003) Coach Manager Financial Consultant Pacific Bell M~r~ill Lynch 430 Bush St., Room 400 50 W. San Fernando Street San Francisco, CA 94107 San Jose, CA 95113 (415) 774-0810 (408) 283-3077 PUBLIC SECTOR: 2. Margo Culeasi (11/2000)* Sr. Vice President-C-~hier San Jose National Bank 5. Elaine Alquist (11/2003) One North Market Street Assembly Member San Jose, CA 95113 State Capitol Phone: (408) 947-7562 Ext. 126 P.O. Box 942849 Sacramento, CA 94249-0001 3. Linda Counts-Hayden (11/2002)' Phone: (916) 319-2122 Manager, Data Management Customer Care Fax: (916) 319-2122 IBM 555 Bailey Avenue 6. Carl Guardino (11/2000)* San Jose, CA 95141 - President and CEO Phone: (408) 463-2118 Silicon Valley Manufacturing Group The Concourse 226 Airport Parkway, Suite 190 San Jose, CA 95110 Phone: (408) 501-7864 l 7. Knthleen A. MartinelH ( 11/~2001 )* 9. Joan E. Henrieh (11/2001)* Associate Professor of Public Relations 35250 Lido Blvd. #A San Jose State University Newark, CA 94560 School of Journalism & Mass Phone: (510) 713-7706 Communications Olle W~qhln~rton Squitre ' San Jose, CA 95192-0055 10. Run Klein ( 11/2003) Phone: (408) 924-3285 Los Cmtos Capital 654 N. Santa Cruz Ave., Suite E CONSUMER & CONSUMER Los Crams, CA 95030 REPRESENTATIVE: (408) 354-8000 8. Frleda Fed (11/2001)* Health Committee Chairwoman Fedu,~d~d Women's Club 1524 Cherry Garden Lane ' San Jose, CA 95125 Phone: (408) 269-6997 2 ! ~-IN: 94-2598855 ~-%. ??.,- · ~.:~. l- .u 25 198,5 , ,.'"'.-,--':. ~ate: Our Letter Dated: October 31. 1979 Person to Contact: Taxpayer Outreach and Escort, Inc. Service Representative 186 EaSt Gish Road San Jose, CA 95112 Contact Telephone Number: (800) 424-1040 This modifies our letter of the above date in which we stated that you would be treated as an organization which is flo~a private founda- tio~ until the expiration of your advance ruling perzoo. Based on the information you submitted, we bar'determined that you are not a private foundation within the meaning of section $09(a) of the Internal Revenue Code, be-~,,~-vo~ are an nrcanization of the type described in section 509(a)~ ~ I'T~b~(1)iA).(~£). .Your exem~ status under section 501(c)~} o: one.code is st~ll ~n.e~:ec~. Grantors ' and contributors may rely on this determination ~1 th~ Internal Revenue Service Dubl{mhes noti~, to th, contrarY. However, a grantor or a contriDutor ~au no:..rely on tn~s Oe=erm~n~tion if he or she was in part responsible for, or-was aware oz, the ac~ or failure to act that resulted in your loss of section 509(a)(1) and 170(b)(1)(A)(vi) status, or acguired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509(a)(1) and 170(b)(1)(A)(vi) organization. Because this letter could help resolve any questions about your foundation status, you should keep it in your permanen% records. If you have any questions, please contact the person whose name and telephone nu~er are shown above. Sincerely yours, District Director Box 36001, San Francisco, CA. 94102 Letter 1050 (DO)(Rev.7-??) · / 06/30/01 ACOeD. CERTIFICATE OF LIABILITY INSURANCF . ~=ense ~ 0034553 H~C~A~SNOTAMEND,~ . Box Z029 · ~ ~E C~GE ~F~D BY ~E ~UC~S ~. : 408-298-432Z ~: 408-298-6087 INSU~ ~FO~ C~E~QE ~ B: ~treach · Escort__Inc. S~ ~oee ~ 95112 COVE~GE5 ~E POL~5 ~ INSURE ~D ~ ~ ~EN ISSUED ~ ~E INS~ED ~ ~ FOR ~E ~Y ~RI~ INDITED. NO~T~ ~ RE~IRE~, TE~ ~ ~N~ ~ ~ ~ OR O~ER ~ ~ RE~ TO W~CH THI~ CERTI~TE ~Y BE ~UED OR ~Y PERT~N, ~E INSURE ~DED ~ ~E ~CIE5 D~CRI~D HEREIN IS SU~E~ TO ~L T~ ~, ~CLUSIONS ~D CON.ION5 OF ~LICIE~. ~GREGA~ ~TS SH~ ~Y ~ SEEN REDUCED ~ P~D ~. G~E~L L~m~ ~H ~U~ S 1 X CO~C~eEN~L~ ~ 07/01/01 0'7/01/02 FIRE~E(~y~) $ 50,000. G~L AG~ S 2,000,000 G~L A~RE~ UM~ ~U~ PER: P~S- ~ ~ S 2; Q 00 ~ O00 A~O~BILE L~ILI~ ~ ~LE LIM~ S __ ~L ~NED A~OS BODILY I~URY S X HIRED A~OS ~ILY I~U~ S ~k~Y DMAGE S ~ee C~BtU~ A~ O~Y- ~ A~D~ ~A~ A~O ~ ~ ~ ACC A~O ~LY: A~ S ~ R~ON S S EMPLOYER~ ~BIU~ ~ ~ A~iD~ S ~L ~E - ~ ~O~ S E%. D~- ~Y L~ S DE~RI~IOH OF OPE~T~H~TION~ICL~US~NS ADD~ BY ~EM~ISP~ PBOVISIONS ~ '~,' ' ~DITION~ INS~D ~ORS~ ATTAC~n. - 10 DAY NOTICE ~~)~ ~ CERTIFICATE HOLDER I Y t AODITIONAL INSUBEN: INSUBER L=,, =.t: CANCELLATION CUPERTI SHOULD ANY OF THE ABOVE DESCRIBED POUOIES BE CANCELLED BEFORE THE EXPIRATIOI4 DATE TRENEOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,30 DAYS WRITTEN NOTIOE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BI.IT FAILURE TO DO SO SHALL CITY OF CUPERTINO IMPOSE NQ OB~ K]ATION OR UABJUTY OF ANY KIND UPON THE INSURER. ITS A(IENTS OR ACORD 25-S (7/97) OACORD CORPORATION 1~88 POLICY NUMBER: TBD COMMERCIAL GENF_2,AL LIABIL~-~Y NONPROFITS' INS. ALLIANC~ 'THIS ENDORSEMENT CHANGES ~ POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURI .D-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF CUPERTINO 0fno entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. A MINIMUM 30 DAYS NOTICE OF CANCELLATION CLAUSE APPLIES EXCEPT FOR NON- PAYMENT OF PREMIUM. IN THAT CASE, A MINIMUM OF 10 DAYS SHALL BE PROVIDED. THIS INSURANCE IS PRIMARY INSURANCE AS RESPECTS TO THE ADDITIONAL INSURED. ANY OTHER INSURANCE AVAILABLE TO THIS PERSON OR ORGANIZATION IS EXCESS AND NON-CONTRIBUTING. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 " HUMAN SERVICES FUNDiNg Program .,CUPE~INO A P P L I.C A T I 0 N Second Harvest Food· Bank: Funding Available: $5,400 Agc~c~A~ 750 Curtner Avenue, San Jose, CA 95125-2118 ContaCtpersOl~titJc Mar~ Ellen Reynolds, D~rector of Development Telephone nmnbcr. (408)694-0025 ifyouareapplyln~for/t~tmtheavailableam°Unt, how much is this proposal for? $ 5,400.00 Using additiona! sheets of paper, please respond to the ·following: 1. Howw~llcit~fi~lsbcuscd?(PlcesebcspeciflceStohoWthc~C°mmunit~is~) · " 2. Please provide a de~qed desciipfion ofhow city funds were Used last year, and how the funding '' 3. Along withlhis application form, please'submit a .budg~ summa~ of your organiz~o~- · Acopyoftheagencyby-laws ...' .. A currant list ofthe agenCY's board ofdirectors · . A lelIer from the IRS slating the iax-exeml~ status of the agency · A copy ofthe agency i..~rance polic~'/ceffifica~e ofinsmance · The applicaat t~re. bypr°pos~s to provide the services in ac¢ordtmce with the Human SerWces. · policy of the city of Cuperti~ as stated in tl~is proposal. If this proposal is approved and fundeg it is' agreed tkat re/evaatJ~d~ra/,.'state and local regulations and otker assuraaces as req,4r~d by ti~ city of. Cupertino.. will l~ adhered to.' Furti~rmore, as d~ly authorized representative of the applicant organiza- tion, tM applicant is fully capable of fulfllliag its obligation' ~der this proposal as stated herei~ SECOND HARVEST FOOD BANK OF SANTA CLARA AND SAN MATEO COUNTIES BROWN BAG PROGRAM BUDGET FY 200112002 Proposed Proposed Program City of Cupertino Current Year Funding Sources Funding Request REVENUES SOURCES 20004)1 20014)2 2001.2002 REVENUES City of Cupertino 5,220 5,400 5,400 Other City 104,135 108,300 County 24,721 25,463 State 42,187 42,187 Federal 104,319 104,319 Fundraising 1,430,776 1,618,948 In-Kind Contributions Fee for Services 28,530 28,530 Other(specify) TOTAL 1,739,888 1,933,147 6,400 Proposed Current Year Proposed Program City of Cupertino Funding Sources Funding Sources Funding Request EXPENSES 2000-01 20014)2 2001-02 Salaries/Benefits/Tayrall Taxes 507,353 563,720 5,400 Insurance 24,975 26,224 Audit 547 574 Rent 14,000 14,700 Utilities 39,879 41,873 ..-. Phone 10,093 10,598 Postage 2,805 2,946 Office Supplies' ~ 12,000 12,600 Travel 2,400 2,520 Staff Development/Training 3,329 3,495 Computer Hardware/Software 1,200 1,260 Equipment Maintenance/Repair 88,312 92,728 Books/Publications Printing/Publishing 6,000 6,300 Direct Subsidy Other (specify}-Food Pumhase 850,500 968,290 Freight/Cold Storage 40,405 42,425 Depreciation 136,090 142,895 TOTAL 1,739,888 1,933,147 5,400 ~lq'r~r~ ~= I - NAME AND PRINCIP/~t OFFICE So,ion 1. Nm,lO. The name of this corporetion eh,Il be Second Harvant Food Bank of $snt~ Clar~ end $~n Mateo Counties, hereafter referred to mm The Food Bank. Section 2. Princi~el Office. The pdnclpat ofllce of this corpor~tion I, fixed and located It County of $~ntm CIe1, Btmto of C,dlfoml-- The Board of Dlrector~ la granted full power and authority to chenge the principal of lice from one Iocmtlon to another. Any things mi,Il be noted by the Secretary opponite this A~tiole, but Ihlll not bt congider®d ~n amendment of thane Section 1. Primary Pumo,es.- The prim,ry purposes of The Food Bank ~hsll be: e. To develop end lupport nutritional service, for the III. needy, end InfentJ In Santa Clare and San M~teo Counties. b. To supplement the diets of Iow-income persons. o. To provide food bu,ine,se, an ,Iternatlve to dumping edible food,. Section 2. Secondary Puroose,. The second,ry purpose of The Food B,nk eh,II be to educate end promote intereat in and concern for tho# who are hungry end malnourished. ~TTlrl I= III - OPERATIONS To Implement Its objectives, The Food B,nk ,hall: I. Comply with ell Second Hervest atandarde of collecting, Iorting. and distributing fond. b. Solicit donatione of food, (:aah, end other prbperty, and distribute donited or pur~lmsed food to Iow-income persons using volunteer pertioipmtion of recipient, and other member, of'the community wherever possible. c. Provide training ,nd a,sistance to qualified sgen¢iee ,nd organization, ,o that they mw provide Improved ,nd expanded nutritional sewicea to cllent~. d. Involve Iow-income persons in nutritionally oriented program ectivitle,. e. Inform people In need of food assistance shout **liable food re~ource,. f. Investigate. develop. ,nd implement progr,ms that will Improve the nutritional well- being of Iow-income person,. g. Seek to coordinate itc sctivit|e, ,nd concerns with the larger community, of which it is a pert. through cooperation with ,ppropriate ,genole,. organizations, or individuals. 1 LM~Tir~ F IV - DIRECTORS Section 1. Number lad Term of Office. The Board of Directors shall consist of twenty-one (21) directors, each of whom shill hold office for two (2) year terms, with · maximum of three (:3) consecutive terms. Section lA. ~xtenslon of Term. a. A one (1) to two (2) year extension of full membership on the Board will be granted to the current President, providing that: 1. The ourrent President has completed three (3) consecutive terms on the Board, end; 2. The current President has served no more then two (2) years as President, end; 3. The Board votes to elect the current Prssidont to an additional term of offloe on the Board. b. The outgoing Prsiidont may continue on the Board of Directors until there Is s new Past President. c. Under these cases, the number of Directors may Increase to twenty-three (2:3). Section 2. Santa Clara And Sin Msteo County Reoresentatlves. ~ The Board of Directors shall consist of a minimum of three (3) repressntatives from San M'ateo County, with the remaining membership from Santa Clara County. Section 3. Low-Income Reore·entatlvse. Board membership ·hall Include no less than three (3) representatives of Iow-income persons, with st least one (1) of these positions held by · person from San Mateo County. I. ow-income representatives to the Board shill be persons from the target population, or shall represent Iow-income persons or group·. Section 4. Selection. The Board shall establish criteria for the selection of Officers and Directors. The Nominsting Committee shall prepare a list of nominstions for the Officers and Directors to submit to the Board at its Annual Meeting and at such times when a vacancy on the Board ooours. Any member of the Board, staff, or communities of Santa Clara or Sah Mateo Counties shill be encouraged to submit names for considerstion by the Nominating Committoo. Section 5. Blectionl. The annual election of Officers end Directors shall i)e held at the Annual Meeting. Any Director may make additionil nominations from the floor st tho Annual Meeting, provided consent to tho nominstion is obta-ined from the nominee. Such names shall be added to the list submitted by the Nominating Committse and shall be placed on the ballot. In the case of more than one (1) nomination for an Office or Directorship, the vote shall be by secret ballot. Section 6. Vicancle1. Vacancies on the Board occurring during the year shall be filled by appointment from the Board for the unexpired term. Replacements should represent the same county as the resigning Board member. Section 7. Removal ct Officers and Directs)rs. Any Director who fails to attend three (3) consecutive Board meetings, without reasonable cause, shall be removed from office by the Board of Directors, and any Officer or Director who 2 ctberwl# falll to perform th duties of hi~/her ~e m~ ~ rem~d ~ ~e ~ ~e B~rd pU~, upon the v~e d ~hi~s (~3) d h mem~m for such ~m~d. In ~d~, ~y , ' Dlreotor ~o w~ en ~lll delegMe d in orgin~lon M ~e ~me d hi.er eleven, Bad who ¢el~l to ~ in ~ci~ delegMe, ihall ~ereupon ~ea~ to be · Ditcher. ARllr~ ~: V - OFRCERS Seotion 1. Offioa~ The Oflloars of The Food Bank ~hall be a Prssldent, · Vioa-Prssldent, a Secretary, · Treasurer, and such other Officers as the Board of Oire~tors elect. Se~iQn 2. Term of Office. The term of office of an officer shall be one (1) year, or until a aucoassor I· elected. The term of the Prealdenoy may be extended one (1) year. 8Ix (5) or more month· shall be oon·ldored · term of office in determining eligibility for re~lection. Baction 3. Duffel a. The President shall: 1. Preside at all Board of DirectQrs and Executive Committee meetings. 2. Semi al in ex-officio member of all committees, except the Nominating Commi~ttee. 3. Appoint committee chairpersons, with the consent of the Board. 4. Sign any documents or Instruments which the Board has authorized to be executed, except in oases when the signing and execution thereof shall be expressly delegated by the Board or by these Bylaws. S. Exeroise such other powers and perform such other duties ss may be prescribed by the Board of DIreotors or these Bylaws. b. The Vice-President shall: 1. Perform the duties of the President in his/her absence. 2. Assume the Office of the President for the unexpirsd term in the event of · vaclncy in that Office. :3. Perform such duties aa assigned by the President or Board of Directors. c. The Secretsry ·hall: 1. Be the ~uatodlan of all papers, records, and documents of The Food Bank. 2. Attend to necessary correspondence as may be assigned by the President or the Board of Directors. :3. Perform such other duties as may be assigned by the President or the Board of Directors. These duties may be delegated aa la appropriate. d. The'rrsaeuror ·hall: 1. Be custodian of ill funds belonging to The Food Bank. 2. Be responsible for presenting an annual budget to the Board of Directors. :3. Be responsible for the financial report st Board of Directors' meeting~ 4. Assure that The Food Bank has adequate Insurance protection for the Board, 8taff, volunteers, and operations. e. The Executive Director shall: 1. Serve as the manager of the corporstlon and have general aupervlalon, direction, and control of the day-to-day business and affairs of the corporation, pursuant to the policioa established by the Board of Directors. 2. Be responsible for tho direct supervision, Idring, and termination of the employees and agents of the corporation. 3. Sign any documents or Instruments which the Bourd has authorized to bo executed, ex,opt In cms when tho signing and exeoution thereof shall bo expressly delegated by tho Board o~ by then Bylgw.. 4. HM anoh other power8 and perform eu~h other duties et may bo preanribod from time to time by tho Board of Directors. · 6RTIng J: I/! - HONORARY BOARD Section 1. P,roose. ~ Membership on the Honorary Board will: s. Recognize significant past service to The Food Bank. b. Demonstrate a current commitment of good will rather than time. c. Bo dealgned to give outstanding past Board members, volunteers, and community leaders an ongoing link with Tho Food Bank. Section 2, Selection. Honorary Board members will be selected annually by the Nominating Committee. They will bo elected at tho Annual Meeting, the tsrma will be Indefinite, and no more than five (5) Honorary Board members will be chosen in any single your. Honorary Board members can bo removed by resignstion or by bo-thirds (2/3) vote of tho Board. Section 3. Duties. Honorary Board members will have no assigned duties and will have no right to vcto. Tlwy will bo Invited to tho Annual Meeting, tho Campaign Kit. k-Off, and any other special functions of Tho Food Bank. They may bo used as resources for fund raising and public relations. Their names will be listed in tho annual report. ~RTICI J: VII - COMMrI'FEES Section 1. ~xecutive Committee. a. Members of the Executive Committee - The Officers of Tho Fond Bank, plus tho Chairpersons of the standing committees, shall constitute the Executive Committso. b. Duties and Powers - Duties of tho Executive Committee shall be: 1. To act for the Board in the interim period between meetings of tho Board on mutters appropriate for subsequent Board ratification or not requiring full Board action. 4 2. To ·dvl·e the Bo~rd on policy decisions. 3. To report all action taken to the Bo·rd for ratification mt Its next regular meeting. c. Ms·tings - The Executive Committee shall meet on cell of the President or mt the request of m majority of tho Executive Committee. Prior notice shell bo given ell members of tho Committee to the extent foealble, d, Quorum * A majority of the members of the Executive Committee shall constitute a quorum for trmlss~don of business. Section 2, Other Commlttool. Tho following shall be standing committees of Tho Food Bank: u. Personnel Committse b, Finance Committee o. Nomlnstlflg Committee d. Fund Development Committee o. Sen Mstoo Branch Committee Other committees may be #tablishod by the Board for tho purpose of giving special attention to certain tress of tho progrsm. 6RTIrt t= VIII - MELrTINGS Section 1. Regular Meetingl. There shall be mt least seven {7) regular meetings during the fiscal yea'. Meetings of the Board · hall be held mt such times and mt such place· se the Board determines by rseolution. Written notices shall bo mailed to each member at least five (5) days prior to the mooting. Section 2. Soeclal Meetings. Special meetings of the Board may bo called by the President and must be called upon wdtten request of five (5} members of tho Board of Directors. Section 3. Annual Meeting. An Annual Meeting shell bo held for the election of Officer· sad Directore. The date of the Annual Meeting shall be set by Board resolution. S~ction 4. Ouorum. A majority of the Board shall constitute s quorum for the tree·action of business it I Board mooting. If 8 quorum is not present ut s mooting, the meeting may bo ·dJourned from time to time without further notice upon the affirm·tiro vote of s majority of the members present at such meetings, or ·fY Informal meeting of those present may be hold. Section 5. Manner of Acting. The lot of I majority of tho members present at · mooting et which a quorum Is present shall bo tho act of the Board, unless the act of I greater number il required by law or by these ByJaw·. ARTIr' t= IX- POWERS AND DUTIES Section 1. Powers. Subject to tho limitations of tho Articles of Incorporation and of the General Nonprofit (:orporetion Law of California on action to be authorized or approved by the mombers~ all '5 corporste powers shall be exercised by or under the ~uthority of, and the business Iff·irs of the corporation .hall be controlled by, the Board of DirectorL Without prejudice to these general powers, but subject to the same limitations, It i· expressly declared thmt the Directors sh~ll h~ve the following powers: s. To elect and remove all Officers and Directors, pr#cribs their duti#, and require from them security for tsithful performance of service, If deemed necess~/. b. To mppoint end remove the Executive Dirsctor end fix the level of compensation for servise to The Food Bank. c. To adopt, make, and use ·corporite seal, and to alter the form of the seal from time to time ss, In their Judgment, they deem best, provided the seal shall at all times comply with the provision of the Iow. d. To manage, in the manner they deem beet, ~11 funds and property, real and personal, received, ~¢qulred, or e~rned by the corporction, and to di~rlbuto or diverse them. e. To make and publish policies, not Mconalctent with these Byllws, to govern the operation end use of the corporation'· hlcllitlel. f. The Board shell adopt an annual budget #ch year end shall revise the budget se required by changing circumstsnces. g. To be responsible f~r In l, lnUal audit. ~ Section 2. Fiscal Year. The fi·cai year Ihell be July 1 through ,June :30. ~AR'TlrJ I= X - INDEMNIFICA11ON The Food Bank ·hell Indemnify ·11 trustee·, officers, end ,taft from III claims ariling from action· taken by them in the lawful course and scope of their duties with The Food B·nk. A.t~TICLE Xl - CONFUCT OF All Directora, officers, and it~ff shall annually provide written dlecloanre of rely conflicts with the Interest of The Food Bank, both pctentJII ·nd actual. The Be·rd of Directors eh·Il m·inbin written policies for the resolution of such conflicts consistent with the requirements of funding anurcek of The Food Bank. ~qTIr~ F Xll - BYI AW AMENDMENTS These Byllwl m,y be amended by a two-thirds (2/3) vote of the Board of Directors present ct any duly called ·nd-noticed Bo·rd of Directors meeting it which · quorum is present, provided that · copy of the proposed emends·nfs ·hell have been re·lied to the official delegate of eech · ctive member organization It least one (1) month before the meeting. Proposed emendments must be submitted in writing to the Board M Directors. Approved by the Boercl~ Directors on M· 4, 1992. President, Board of Directors 6 www.donatefood,or~ Santa Clara County 750 cu,.er ^.e.ue 2001'2002 Board of Directors San los6, CA 95125-2118 408.266.8866 ph 408.266.9042 fax San Marco County 1051 Bing Street Chata Alfaro Frank J. Pagliaro, San Carlos, CA 94070-5320 650.610.0800 ph Alfaro Associates, Los Gatos Ropers, Majeski, Kohn & Bently, 650.610.0808 fax Los Gatos Resident Redwood City Burlingame Resident Barbara Avery Morgan Stanley Dean Witter, San Jose Joe Pert San Jose Resident Basic American Foods, San Mateo San Mateo Resident Carl Cilker Cilker Orchards, San Jose Andrew S. Starbird San Jose Resident Santa Clara University, Santa Clara San Jose Resident Rob DiNapoli Sun Garden Oangi Canning Company Alan Turner Los Gatos Resident Hawley, Peterson & Snyder Architects, Mountain View Keith Flagler Saratoga Resident Philips Semiconductors, Sunnyvale San Jose Resident Michael YuUzenka Cisco Systems, San Jose Kevin E. Ford Campbell Resident Stellar Solutions, Inc., Palo Alto Portola Valley Resident Jeffrey Lettes Applied M_aterials, Santa Clara Resident Catherine B. Nessier San Mateo Resident Sandra Oi~ampo. ,, Hillsborough Resident Daniel Ordaz ... East Side Union High School District Morgan Hill Rmident internal Revenue ~ervice uepar~rnen~ OT me ! Tear~jr~ ~istrict Director Ja=uary 9, 1980 ~es~ Of~£cer (..~ 15) 556-5353 o~ Sauca C~a=a ~u~:7 ~: 9~-261~101 312 ~:o~v Z ..... teve=ue Co~e, ~e=~e 2o~ t · ~ co~e is s~!l[ i= effec%. ~.ow!e~ge ~h~ ~e Z~e~! Reve=ue Se~Ice ~ ~iven Go~ice Sec~se ~hls'tetter c~ul~ ~e~p resolve ~ ~es~ions ~oout fo~io= a~'~. p!e~e keep it in 2cur pe~ent reco~. Zf 2ou have ~2 qces~iocs, p!e~e cc--tact ~be pe~o~ te!ep~o~e c'~er ~re a~o~ Siccere!2 ~[sc:icc Di~ecco~ · SO9Ca)(t) ~ P.O. Box 36040, San Francisco. Calif. 94102 l_-tter IOSQ G)C)) {'/-' 1979 ~2t Oi sir ici Ot ACORD,. CERTIFICATE OF LIABILITY INSURANCE 01/03/2001 PROOUCER (6S0)341-4484 FAX (6S0)341-446S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bus¶ness Professional Ins. Assoc. /nc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 South B StPeet ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~).., HateD, CA 94402 INSURERS AFFORDING COVERAGE INsuRED Second Harvest Food Bank of Santa Clara ~.SURER~ Federal Tnsurance Company/Chubb and San Natee Counties INSURERB: Federal /nsurance 7S0 Curtner Avenue tNSURE. C: Zenith San 3ose, CA gS125 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOIN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY .EQU~REME~. TEnM O. Co. Dmo. O~ A.Y CONTHACT OR OTHE. DOCU~E.T W~. RESPECT TO W.,C. THIS CER~,~,C^~E ~. SE ,SS~D O. ~ MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUStONS AND CONDITtONS OF SUC. PO~CIES. ~,,~,E~E uMrr$ SHOW. ~ Y HAV~ $EE. ,EOUCEB 9Y P~D C~MS. · ,NBU~L~mUTY ~S33-71-83 12/01/2000 02/01/2001 EAC. OCCURRENCE ~ 1.000.000 X COI/~ERGIAL GENERAL UABKITy FIRE DAM/~GE (~aly Qn~ f~l) $ A ~ PEREONAL & ADV ~muRY $ 1 ~ 000 ~ 000 GENERAL A~RE~TE S 2,000,000 GEIfl. AG(]REGATE LIMIT ~DPLES PER: PROOUCT~ - COMP/DP AGO ~ ThC1 ude¢ -~ ~-I ~T I~LDE AUTOMOm~UAmLnY ~322-92-49 12/01/2000 12/01/2001 COMmNEDSiNGLE.~.T ~( AHY AUTO (E~ ~bd~.) S 1.000.000 ~ ALL OWNED AUTOS ECX)ILY iNJURY SCHEDULED AUTOS (P~ person) B ~ X HIRED AUTOS BODILY INJURY '~' NON-OWNED AUTOS (PI~ ~) $ ~ PROPERTY DAMAGE (Pw .cod.d) $ EIARA~E ~ AUTO ONLy - EA ACCIDENT $ A.NY AUTO EAACC $ OTHER THAN AUTO ONLy: AGG $ ~XC,SSUAmLnY 7972-$1~1~ 12/01/2000 12/01/2001 EAC. OCCURR~CF $ 3.000.000 --] occUR [] cu,. M~ A~R~O*~ $ 3,000,000 A s WONK~A~PBN~ATmHAND ~041289804 01/01/2001 01/01/2002 X ITON~UM,TSj J~ E.L. DISEASE - EA EMPLOYEE S ~, 000,000 E.L. DISEJ~E - POLCY LMT $ 1 ~0 ~000 ~ Physical Damage ¥322-92-49 12/0~/2000 22/01/2001 $50,000 B - $S00 Comp. Ded. S500 Collision Ded. .ertlrlcate noloor, City of Cupert~oo, ts named additional insured ~n regards to gleaning of Orange Orchard. eCG 2010 1185 attached) ten [20] day notice of cancellation for non-payment of premium shall apply CERTIFICATE HOLDER I I AOmTmNAL INSU~, INSURER L=, ,=~: CANCELLATION S~ ~ OF THE ~ DEKRIBED POLICIES BE CA~ICELLED BEFORE THE EXPIRATION DATE THEREOF, THE IS~UJIqlG COMPANY '~ILL ENDEAVOR TO MAll. City of Cupertt no 30 DAY~ INR~T i~ri ~ TO THE CERTIFIUTE HOLDER NAMED TO THE LEFT, Attn: Carmen Lynanya BUT FAILURE TO MAll. SUCH NOTICE 8HALL ~JPOSE NO OBUGAllON O1~ UAINUTY 10300 Tor~'e Avenue OPANYmNDUPONTH~COMPANY. n~A~ENTSORREpRESENTAT~BS. Cupertino. CA 9S014 AUT'OmZED~EPRESE.TATWE VJr§~nia Fontana/SANDEE . ~' ACORD 29-S (7197) ~)ACORD CORPORATION HUMAN SERVICES FUNDiNg Program CUPERTINO A P P L I C A T I O N Support Network for Battered Women: Funding Available: $5,900 Ag~cyAddress 444 Castro Street, Suite 305 Mountain View, ~A 94041 Contac{person/title Michelle Harper Development Coordinator Telephone number (650) 940-7891 If you are applying for/ms th~n the available amouni, how much ~ th~ propos~ for?. $ Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (please be specific as to how the Cu~ community is targeted.) 2. Please provide a deiailed descril~ion ofhow city fimds were used last year, and how the funding helped to meet your program goals or needs; (Provide current data.) 3. Along with this application form, please suI~ a budget summary ofyour ~o~ani~on_ .. curm~ 1~ of the agency,s board ofdirecior~. ' letter from the IRS stating the tax~xempt status ofthe agency Acopy ofthe agmcy insurauce policy/c~Uific~e of~surance 'The applicant her~by proposes to pravtde the services in accordance with the Human Services policy of the city of Capertino as stated it{ this proposal. If this proposal is approved and funded, it is agreed that'relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly m_,_.!horized representative of the applicant organiza- fio~ the applicant is fully capable offulfilling its obligation under this proposal as stated hereitt " This application and the information contained herein are true and correct and complete to the ..' · best of my knowledge. " SUPVORT NETWORK FOR BATTERED WOMEN 444 CASTRO STREET · SUITE 305 ~ MOUNTAIN VIEW * CA 94041 Crre OF C~ERTrNO FY 01-02 PROPOSAL SUPPORT NETWORK FOR BATTERED WOMEN ATTACHMENT A How will city funds be used? OD' funds will be used to provide comprehensive senrices to victims of domestic violence who reside in Cupertino. The Support Network for Battered Women provides a wide range of comprehensive services, including a 24-hour toll-free, bill%real crisis llne, support groups and individual counseling for women and children, and prevention/education programs to the community at large. Sta{f and volunteers conduct outreach in Santa O~,a County to survivors of domestic violence. In addition, Sp~ni~h-spe~k4,~ and lesbi~bisexual communities are targeted to increase our accessibilityto these under-served groups. In fiscal year 2000/2001, the Support Network ~nswered 5,404 crisis c~ll,, sheltered 123 women and 1~2 children for a total of 4,256 bed-nights, assisted more than 400 clients with legal needs, provided counseling to over 900 battered women and children, and conducted commnnlty education workshops attended by nearly 11,000 adults and teens. Our trained volunteers contributed more than 14,500 hours of comn~mlty service. Last year, the Support Network reached over 15,000 Santa Clara County residents through the following programs: Crisis Intervention Program Anyone who _has experienced a physical or emotional assault can call the Support Network's crisis line. Bilingual peer co-,,~elors offer information, referral and advocacy with social se~4ce agencies and polke departments. Arran~oements for immediate emergency shelter for women and children can be made through our residen~l shelter or a network of loc~l motels. Through a new initiative, we have partnered with several Santa Clara County motels rh~t have donated one or two nights per month to women and children in crisis when our shelter is full. Emergency food, clothing and tmn~ponatlon are ~iso provided. Drop-in individual counseling and support groups are available durl-g reg,,l~, business and eveni~ hours. The overall obje~.tlve of the crisis intervention component is to provide emergency shelter and support services to women in crisis and to empower them to reb-il._d their lives free of violence. The Support Netv~ork encourages women to make independent decisions regarding their lives and the lives of their children. Legal Services Program To ensure their safety, many women utilize the Support Network's Legal Program to assist them in seeking legal protection. The Legal Services Program pwvldes preparation o{ Temporary Restraining Orders (TROs), court accompanlroent and advocacy, and referrals to pro-bono and low-cost attorneys. A Divorce Clinic provides clients with any help they may need in preparing divorce papers. The Support Network works closely with local police deparmaents, the County Sheriff, and the District Attorney's Office by prov~d;ng ttalning, info,,.-~tion, and referrals. The Support Network's award-winning Victim Advocacy Pwject (VAP) provides information and referrals to appropriate serv4_ces for battered women whose cases have been filed through the District Attorney's Office. VAP volunteers also work in conjunction with the Sunnyvale Department of Public Senrice, Santa Oara County Sheriff's C~fice (including Cupertino), Mountain View Police Department, Los Altos Police Department, Santa Clara Police Depamnent, and Adult Pwbation Depammnt. The primary objective of the Legal Services Program is to ensure that domestic violence victims get wax4roum support from the civil and criminal justice systems in obra;nlng safety and restitution. Shelter Services Program The Support Networks shelter provides a safe place for battered women and their children for an average of 4-6 weeks. Women in residence are given individ~l and group co~m*ellng, assistance in finding permanent homing, and advocacy with social sevfice agencies. At the shelter, we encourage a serf-sufficient lifestyle and provide support for women to remain employed or in school if at all possible. Life slnll~' workshops are offered in the areas of financial planning, pre-employment training, commamlcation, and parenting. The overall objective of tho Shelter Services Program is to provide both short-te~m (3-5 nights) and medium-term (4-6 weeks) shelter. The shelter facility has an 18-bed capacity for women and their children. A new component has been added to our shelter prograrm ChildWatch. We have parmered with Public Allies Silicon Valley and now have a child advocate from Ameficorps. Thi~ child advocate is available during our support groups at the emergency shelter or in the office to care for our y~ungest clients, the child~n, while their mothers work to heal from the trauma of domestic abuse. Clinical Counseling Program C~in;cal counseling continues the empowerment process to wumen who have experienced domestic violence. The Support Network offers individual and group counseling bylicensed psychotherapists and registered clinical interns working under the supervision of local licensed therapists. The objective of the Cli,~ical Program is to help women and children Ci~ o£ Cupertino, FY 2001-2002, Huv'~n Services F,m"llng ProlF~m Application Page I address the long-term effects of abuse and violence, such as post-traumatic stress, anger, and depression. Clinical groups and individual counseling sessions are aw;hble each week. Children's Program Accotrlln§ to statistics, children bear wimess to over 90% of domestic abuse incidents. Without intervention, children who grow up experiencing domestic violence are more likely to become perpetrators or victims as adults. Children residing at the shelter receive individual and group counseling, phnr~ed and recreatiorial acLivities, ~ advocacy to ensure that schooling is uninterrupted. The Support Network offers both individ,~l and group therapy to help children process all they have endured. By allowing children to acknowledge their violent experiences in a safe, numuing enviromnem, often through phy or as~, a healing process begins that can break the cycle of abuse. Community Education Program The Comm-nity Education Program focuses on prevention through education by providing the public with info~u~ation about domestic violence issues. Our community education staff and volunteers reached thousands of Bay Area residents last year through presentatiom, printed matefi~k, and public service anr~ouncements. The program targets spec.~_u: populations that are in positiom to assist vicr;m~ of domestic violence, such as health professiou~l~, teachexs, community sexvice org~,~iT~tiom, human resource depamnents of corporations, and faith community leaders. The Support Network recently added a new component to the comanmity education prograng the Teen Dating Violence Project. We began th;_~ in respome to the ~hrming statistic that 1 in 3 teenage girls reports having been abused by a boyfriend or date. Presentatiom at local area high schools discuss the warning signs of abusive rehtionships while teaching students how to foster healthy rehtionships. Students are recruited to lead workshops and act as peer educators on daring violence. This is an invaluable proiect that has far reaching impact toward our vision of ending domestic violence in our comrrnmiti~s. Oty of Cupertino, FY 2001-2002, Hu,~_ Services Fun,-I;,,~ Program Application Page 2 C~rY OF CUPERTINO FY 01-02 PROPOSAL SUPPORT NETWORK FOR BATTERED WOMEN ATTACHMENT B Please provide a detailed description of how city funds were used hst year and how the funding helped to meet your program's need. (Provide current data.) Gty funds were used to provide comprehensive services to the Cupertino community. Sen4ces included billn~tal coun.~ellng and crisis intervention sen4ces, emergency shelter, legal services, children's programs, and community education.. In the fiscal year 2000/2001, the Support Network provided direct assistance (legal services, support groups, in-person crisis counseling) to 18 Cupertino residents. In addition, 83 women from Cupertino accessed our confLd~otM~ 24-hour toll free crisis line. 215 city residents benefited from workshops and lectures provided by Support Network cora~rfity educators. The Support Network expects to serve at least 400 Cupertino community residents in the next fiscal year. SERVICES PROVIDED TO CUPERTINO ACTUAL NUMBER IN RESIDENTS 2000/2001 Total number of unduplicated clients 17 Number of legal clients 10 Number of shelter clients (includes children) 3 Number of Counseling Clients 4 Total number of units of servlce* provided 87 Number of crisis call, 83 Number of residents educated 215 Number of workshops 6 By continuing y~ur partnership with Support Network for Battered Women, the City of Cupertino joins other Santa Clara County comm,,niti~s in sending a dear message that domestic violence is unacceptable. Please join us as we strive tovrard our vision of ending domestic violence in our comn~miries and of one daycloslng our doors because women and children no longer live in fear of those they love. * A Unit of Service is a discrete activity such as a legal advice appointment, sheher bed night, counseling session, workshop etc. City of Cupertino, FY 2001-2002, Human Services F,,,~,~i,,g Program Application Page 3 SUPPORT NETWORK FOR BATTERED WOMEN 444 CASTRO STREET · SUITE 305 * MOUNTAIN VIEW * CA 94041 Support Network for Battered Women Annual Budget Fiscal Year: July 2001 to June 2002 Projected Agency Income Projected Agency Expenses Individual Contributions $709,000.00 Salaries, Taxes & Benefits $1,363,870.00 Corporations & Foundations 350,000.00 Professional Fees 141,773.00 United Way 153,899.00 Supplies 40,786.00 State Grants 434,186.00 Telephone 38,650.00 County Grants 239,165.00 Postage & Shipping 15,373.00 City Grants 142,065.00 Occupancy 282,057.00 Program Fees 50,713.00 Equipment Rental/Mainten 17,719.00 Miscellaneous Income 25,600.00 Printing & Publications 46,921.00 Travel 16,250.00 Conferences & Meetings 44,023.00 Total Projected Income $2.104.628.00 Special Assistance - Clients 23,550.00 Grants & Awards 10,350.00 Insurance Expenses 19,306.00 Miscellaenous Expenses 44.000.00 Total Projected Expenses $2.104.628.00 Ca:sls LI~: (800) 572-2782 * TDD: (650) 940-7857 * FAX: (650) 940-1037 va_~'m~ O~cE LI~E: (650) 940-7850 www.snbw.org ,o,. ~.. oF SUPPOrt N ORK Section 1.1. Nem~., The name of this corporation is ~D-~IN~ S~PORT N~0~. I~ is a nonprofit, c~rilable, nons~ock corpora=ion ors~zed and e~s~in~ under ~he laws of ~h~ S~e of ~for~a for ~e purposes se~ ior~ in i~s ~icles of Incorporation. 0~I~ Sec~ion.2. Principal Office. . ~ principal office for '~e ~r~sac~ion of business %he 'corpora=ion is in 5u~a Clare ~un~y or such ocher place as =he ~ard of ~rec~ors ("~ard" herein) ~ iroe ~iee ~o ~i~ select. Section 3.1~ ~=e~na=ion o~ ~bers. ~e corpora~ion s~ll uke no provisions for mambos, however, pursu~ %o $ec~ion 5310(b) of =he ~onproli~ Public ~nelil Corpora~ion ~w of ~he S~a~e of ~ilomia, any action w~ch would o~he~se, under law or ~e provisions ~e ~i~les of In=orpora~ion or B~laws of ~his corpora~ion, require approv~ b~ a ~lori~ of ~1 members or approval ~e members, s~ll only require ~e approv~ of ~he ~ard ~rec=ors. ... Section 3..~. Vo~in~ ~ ~er ~ch m~b~ of .~e ~ard of ~ec~ors of ~his corpora~ion s~l be cavilled ~o one (1) vo~e. ARTICI~ IV Section ~,,.1. Humber an__d Oua~ifice~ons o__f Directors. The authorized number of Directors of this corporation shall be eighteen (18) until changed b~ amendment of ~he Articles of Incorporation or by · bylaw duly adopted b)' the members amending this Section, 'excep~ r~at 'r. be numbers of '~)" Directors may no~ be chan~ed so as to ex~it eighteen (18) Directors; end if it is proposed ~o reduce r.he au~horized ~ number of Directors, ~he vote or written consent of members .. Paae 2 of 10 holding eighty percent (80I) of the voting power shall be for such reduction. ~ualificacions of Directors necessary may be from ~ime ~o ~ine de~ernined by ~he Board.~'~, Section a.2. ~ec~ion and Te~ of Office. hch Director shall hold office for ~vo ~ears, option for ~wo addition1 ~wo y~r ~er~ (six (6) year ~), un~il ~he conclusion of ~he nex~ annu~ ~e m~b~s. Vacancies resisna~ions or death shall be f~lled by no~na~ions fr~ ~he Recrui~en~ c~ee. ~s election ~ require a 2/3 vo~e by ~he filled sea~s. said ~rec~ors s~ll hold ~he nex~ annual mee~inS of ~he members of ~he corpora~i~. Section a.3. R~ov~ o~Resi~na~ion o~rec~ors. 'A ~lori~y of ~he ~rd of ~rec~ors of ~he corpora~ion, a~ ~y result or speci~ ~e~inS dul~ c~ed and held for ~he purpose, m~ remove fill an~ vacanc~ ~ereb~ crea~ed. If a ~rec~or ~sses ~hree (3) consecutive nee~inss of ~he Board or four (a) durins ~he ~ear, ~ha~ ~1 be ~use for r~v~. ~s does no~ person ~o ~rec~ors ~ ~ve ~ken an approved leave of absence fr~ ~he ~ard or ii,ess. Sec,ion a.a. ~ercise ~cep~ as o~se provided b~ ~ese B~laws, b~ ~e Articles of Incorporate, or b~ ~e ~ilorn~ no~ or hereafter ~ force, ~ corporate po~ers of ~s corporation s~l be ves~ed in and exercised b~ or ~der ~he auLhori~ of ~e ~rd. ~i~hou~ prejudice ~o ~ese 8~eral ~ers, bu~ sub~ec~ hereb~ expressl~ declared ~ha~ ~he ~ec~ors s~ll ~ye ~e follo~ns po~ers: (a) To selec~ nd re. ye a~ ~e officers, d~ec~ors, asen~s, prescribe ~heir duties nd req~re ir~ ~h~ se~rl~ for fai~ perforce of service if de~d necesnr~. (b} To select, employ, evaluate, and re. ye ~he ~ecu~ive ~ec~or. (c) To es~bli~ ~e policies conduc~s i~s ~airs ~d ensures ~ ~e potties ~e ~pl~en~ed. %e potties s~l no~ be ~consis~ ~h ~e hw, or ~ the ~icles of lnco~ora~ion, or ~e Bylaws of ~he Asenc~. ?age ~ of 10 (d) To change ~he principal office for the transac~i0n of ~he business of ~he corpora~ion; ~o ~ime ~o ~ime, one or more subsidiary offices of ~he corporation ~thin the $~a~e of California for holding any mee~inks 'of the Board; to make, adopt, and use a corporate ses~, and ~o prescribe ~he form ~herefore. (e) The Board shall adopt an annual budge~ each year and sha~l revise ~.he budge~ as required by changing c~rcums~ances. (f) To borrow ~oney and ~ucur 2ndeb~edness for ~he purposes of ~he corpora~2on and ~o cause ~o be executed and delivered therefore, bonds, debentures, deeds of trust, mor~gases, pledses, hypo~eca~.~ons, or o~her evidences of indebtedness and security therefore. ($) To establish such co~t~eas as ~t shall deem necessary or advisable, upon such terms and conditions as ~hey may Section &.~. Compensation. · Board members shall no~ receive any salaries or fees for ~he~r services as D~rec~ors. By resolution of the Board, D~reccors msy be reimbursed for theSr out-of-pocket expenses - ~ncurred ~n ~he ~ranssction of corporate bus~ness. Directors may not be compensated for render~n$ sar~ces ~o ~h~s corporation ~n any capacity other than IB_rector unless such or. her compensation ~s reasonable and ~s a~lo~able under ~he provisions of Section &.6. of th~s Article. " Section 2.6. Restriction Re~erdf~na ~nterested ~)~rec~ors. No~thatandfm$ any o~her provision of these Bylaws, not more than for~y-n~ue percen~ (~9~) of ~he persons serv2ng on ~he Board ~ay be ~n~eres~ed persons. For purposes of ~h~s Section, ~nteres~ed persons~eans e~l~her: (a) a~y person currently being compensated by ~he corporation for s~rv~ces rendered ~ ~.~.h~n the previous t~lve (12) ~onths, ~hether as m full- or per~-~i~e officer or other e~ployms, ~ndependent con~ractor, or ot~er~J, as, excludfm$ any reasonable compensation ps~d to a D~rec~or ss a D~rec~or; or (b) any brother, s~sttr, ancestor, dascendan~, spouse, brother-in-law, s~ster-in-la~, daush~er-~n-la~, ~o~her-~n- ls~, or father-in-law, or spousal equ~va~.en~ of any such person. Pase ~ of 10 Section. ~ Indemnification. (. Each Director and officer, whether or not then in office, sh~ be ~nde~f~d by ~h~ corporation a~a~ns~ a~ ~ab~es, cos~s, and expenses reasonably ~ncurred by or ~mposed upon h~m or her ~n cameraman ~h or ar~s~n~ ou~ of any a~on, su~, or proceeders ~ w~ she or he ~y be ~nvo~ved or ~o ~h~ch she or he ~y be mde a pa~y by reason of h~s or her be~n8 or ~v~ been a ~ec~or or officer of ~he corpora~ion. ~e corporation s~ no~, however, ~d~ify such ~ector or officer ~th resp~t ~o ~ters as to which he or she shall be finely ad~udsed ~ any action, suit, or proceed~ss, to ~ve been lrossly ne~liaent in ~he p~fo~nce of ~s or her duty as such ~rector or ~e foretops ~8ht to ind~nifi~t~on s~ll not be ex~usive of any other risht to ~hich any D~rector or officer ~y be ent~e'd as a ~tter of la~... Section 5.~. P~ce o~ Heelings o~ ~he Board. ~e~ular and special meetings o~ ~e ~ard shal~ be he~d at any place ~:h~ the State of C~2forn~a ~ has been desis~ed from t~me to ~e by resolution of ~he ~ard or by ~tten consent of ~1 Mmbers of the ~d. ~ ~e absence ~. ... of s~h desertion, resul~ ~d spec~l Me,nBs s~ be '--~ held at the p~p~ off,ce of the corporat~. Section ~.2. Regular ~et~n~s. Resular meet~nas shall be held at such ~es as are desiinated from time to t~e by resolution of the ~d or by ~2tten consent of all n~b~s of the ~d. Section 5.3. S~ec~al ~et~n~s. Speci~ mee~nss of ~e ~ectors for ~y purpose ~y be c~led at any t~e by ~e ~erson or ~ a ~Jor~ty o~ ~e ~rectors. Notice of ~y spec~ ~et~s ~1 be Siv~ ~ ~ns to ~1 ~rectors, ~d ~ specify tb phce, the date, ~d ~e ho~ of ~e ~et~8. Such no,ce s~ll be siren e~ther p~so~ly or by ~1 or ~ o~ me~ of ~tten c~t~on, ~r8e wep~d, addrened to ~e ~ectors as ~e~ ad.eases appe~ ~ ~e records of ~e copora~on no hter ~ five (5) days p~or to ~e date of su~ ~ Met~ns. Section 5.A~ ~ecutive Session. ~e ~ecutive ~ttee s~ll consis~ of ~e officers of the corporat~on~a~r, V~ce ~r/s, S~re~y, ~d Treas~er. ~e ~ecutive ~ector sh~l serve ~th~ ~ advisory capacity. ?asa 5 of 10 (a) The Executive Comm~tte shall have authority to act for the Board between meetings of the Board. of D~rectors on ·atter$ appropriate for subsequent B~ard ratification, or matters not requiring full Board action. Section 5.5. Waiver and Notice of Consent. The transactions of any mee~ng of the Board, however called and noticed and wherever held, sha~l be va~.~d as though held at a meetin8 duly held, after resular call and notice, if a quorum be present, and ii, either before or after the mae:lng, each of the D~rectors not present sisns a written waiver of notice or consent to ~he holdini of such meer~n8 or an approval of ~he m~nutes thereof. Such waivers, consents, or approvals shall be filed in the corporate records or made a part of the m~nutes of the'meetint. Section 5.6. Written Consent~t~oCor~orate Action. Any action required or permitted to be ~aken by the Board under ~he General Non-Profit Corporation Law of the S~ate of California may be ~aken without a maetins, if a quorum is met and ~he required percentage of Directors consan~ in writin$ individually or collectively, to such action. Such written consent or consents shall be filed the minutes of ~he proceeding of r. he Board. Section 5.7..._~. Emeraenc¥ Action. If emersency action must be.~aken by ~he Board, members may siva written proxies to o~her members of ~he Board for a vo~e at a specially convened meeting. In ~he alternative, a quorum of the Board may be polled by telephone and a motion carried when the required percentage of Directors consent ~he action. Emergency action is defined as, ~hat which needs ~o be ~aken between mee~inss and cannot be deferred until a resularly-scheduled meeting. Decisions reached by such emersency procedures are effective 4~,dia~ely. Sec~io._.__.~nS.8. Ouorum. A ~aJori~y of the authorized number of D~rectors sha~l be necess~_y to consticu~e a quorum for ~he ~ransaccion of bus,ness. Every act or decision done or made by a ~aJoricy of the D~rec~ors present at a ~ee~ng, and not less ~han & o~ ~he authorized number of D~rec~ors, du~y held a~ which a quoru~ ~s present shall be regarded as au act of ~he Board, unless a srea~er number is required by ~av or by ~he Articles of Incorpora~ion or by ~he Bylaws. Page 6 of 10 Section ~.9. Conduc~ of ~he lqee~ngs of ~he Board of ~rec~ors s~ be presided ove~ by ~he C~ o~ ~he ~aTd, o~, ~f no su~ person h~ been so des~sna~ed or, ~n h~s or her absence, ~e V~ce Cha~ of ~he Board or, ~n ~he absence of bo~ ~ese persons, by a ~ ~osen by ~he ~o~y of ~he D~ec~ors p~esen~ a~ ~he mee~in$. ~e Secretary of ~e corporation sh~l ac~ ~ Secretary of all ~e~inss of ~e ~ard, provided ~ in ~s or h~ absence, ~he pre~din8 officer s~ appoin~ ano=h~ ~o ac~ as Secrecy. Hee~8s sh~l be 8or,ned by Rober=~s Rules o~ ~der, as su~ rules ~y be revised fr~ =~e ~o ~e, insof~ as such r~es are no= incons~s~en~ ~ or in co~lict ~h =hese Bylaws, ~ =he Ar~cles of Incorpora=~on of the corporation, or ~h =he provi~ons of ~ifornia law. AR~ VI ~e o~f~cers of ~e corpora~ion s~l consis~ of a ~irperson, one or ~re Vice ~rs, a Secre~ry, ~d a Tre~urer, and su~ offices ~ ~he ~d ~y fr~ =~e ~o ~e es~bl~sh. ~e ~son my hold up ~o =wo (2) or ~re offices, ~cep~ ~ose of ~e ~ers~ ~d SecreCy. Sec=~on 6.2. ~irD~son. ~e ~irp~son s~ be ~e ~ief ~ecut~ve officer o~ ~he corpora=i~; ~1 ~ve 8ener~ supe~s~, direc=ion ~d control of ~e affairs of ~e co~ora=ion subjec~ ~o ~e approval, of =he ~rd; ~d ~1 s~ ~ be~lf of ~e corpora~ion ~1 dee~, convey~ces, ~r=Sases, leases, oblisa~o~, bonds, and o~ papers and ~ns~n~s ~ wi=in$ w~ ~ve been au~or~zed by ~e ~d. Sec~i~ 6.3~ V~ce ~ersons. ~e Vice ~son/s, ~ ~e ord~ desi~a~ed by ~e ~e abs&~e or d~b~y of ~e ~r~rson. ~ V~ce ~rper~ s~l ~ve su~ powers ~d disuse su~ du=~es ~ my be ~s~ed =o ~ ~ h~ fro~ ~ ~o ~e by ~e ~pers~ or ~e ~d. ~e $ecre~ry shall ~ssue nonces for ~d keep ~nu~es of ~1 ~e~nss, ~1 ~ve c~se of ~he corporate se~ ~d ~e corporate ~o~ and s~l ~ke s~h re~s ~d perfo~ su~ o=her duties as are ~n~den~ ~o ~s or her office or requ~ed of ~m or her by ~e ~rperson or =he ~rd. Page 7 of 10 Section 6.5. Treasurer. The Treasurer shall control, audit, and arrange she financial affairs of ~he corporation and ~ke such reports ~d perfor~ such o~er duties ~ are ~ciden~ ~o such office or required of h~ or h~ by ~e ~rperson of ~he Board. ~c~ion 6.6. ~ec~ion o~ ~ficers ~d Te~ of O~fice. I speci~ mee~in$ ~11 be held by ~he ~ard ~o no~e offices-. A~ ~he ~nu~ ~e~ing, ~e ~rec~ors ~11 vo~e on ~e no~ions. A ~jori~y of ~e filled sea~s of ~e ~ard ~s~ approve =he sla=e. ~e ~e~ of office for an officer of ~e ~ard shall no~ exceed ~wo years in any one office. Section 6.7. R~oval o~ Resi~a~ion. ~y.officer my be removed, ~h ~use., by a ~Jor~y of ~he ~rectors, a~ any ~iM durinS ~e ~e~ of office, a~ ~y resular or special mee~ins of ~he ~ard. ~y officer ~y resi~ a~ ~y ~ime by Sivin8 ~ic~en no~ice ~o ~he ~d or ~o ~e ~irperson, or ~o ~he Secrecy of ~e corpora~ion. ~ Section 6.8. Va~cies. A va~cy in ~y office b~au~ o~ d~h, resiSna~, r~oval, disqu~ifi~i~, or ~y o~er ~use s~l be filled ~ ~he ~n~ prescribed by ~e Byhws for ~e rester 8ppoin~Mn~ to su~ office. ~e ~e~ of office s~l las~ ~1 ~e n~ s~nu~ ~ee~s. " ~i~ DIRE~OR Sec~i~ 7.1.. ~ies. :~. ~e ~ecu~ive ~ s~l se~e ~ ~e ~aS~ of ~e co~ora~im, and ~,~ bye sen~ super~si~, direc~i~, ~d control of ~e day-~o~ay ~s~ess ~d afi~rs of ~e ~ec~s. ~ ~ecu~ive ~ec~ is ~e ~ p~son be~ ~ ~d ~d ~e S~f ~d o~er asencies. ~ecu~ive ~ec~or s~l be resp~sible for ~e direc~ sup~isi~, ~ns, nd ~i~ of ~he ~loy~s ~d asen~ of ~e co~ora~on. ~e ~ecu~iye ~ec~or s~ll ~ve such o~ powers and p~io~ such o~her duties as my be prescribed from ~e ~o ~ by ~e ~ard of ~rec~ors. Pa~e 8 of 10 ARTICLE VIII Section B.1. S~andin2 Com~ttees of the Board. Each Board member shall sit on one or more Board com~ttees. The stand~ co,trees are: (i) Fi~ce (~) Fund ~velop~en~ '' (iii) Pubic Relations (iv) Personnel (v) Recrui~n~ (a) ~e ~ard of ~rec~ors ~y crea~e s~h o~her s~d~n$, conferees as ~y be ~eemed necessary. (b)' ~e ~r of each co~ee shall be a ~ard m~ber. ~ese add2~o~ c~ees s~l ac~ ~ ~ advisory ~pac2~y ~o ~he ~ard ~d sh~l be ~led ~'ad-hoc" conferee. (c) ~e co~ees of ~he BO~d s~ll mee~ on a resul~ bas~s as ~e2r ~ork load d~c~es. C~ees ~y ~ve s~ff ~d o~hers no~ currently ~ ~he ~d s~ve ~ ~ advisory capac~W ~d ~11 ~pl~en~a~on of ~ks. ~e ~ecu~ve ~rec~or s~l ~:~.. ap~ove ~1 s~f ap~n~en~ ~o ~e ~ee. ".] (d) ~e ~r of ~he c~ee ~1 repo~ ~d a~ resu2ar~y-sched~ed ~ard ~e~nss, ~d pre,re ~en mon~y and ann~ c~ee reports. -. ~ISCELLANEOUS PROVISIONS . . Section 9.1. Inspection o.~f Records b_~ Directors. ~e boo~ of acco~ ~1 a~ ~1 reaso~ble ~es be o~n ~o i~pec~i~ by ny ~rec~or. Eve~ ~rec~ sh~l ~ve ~e ~$h~ a~ ~y feasible ~e ~o ~ct ~ boo~. rec~ds, docents, o[ ev~y ~d, ~d ~e phys~ prop~s of ~e co,oral,on for a p~ose reaso~bly rela~ed ~o ~s or her ~n~eres~s ~ a ~rec~. Su~ ~on ~y be ~de ~ ~s~ or by a$~ or a~o~ey, ~d ~ r~Bhc o~ ~spec~ a~l ~clude ~he ~shC co mke ex~acCs. Section 9.2. ~xecu~.on o_~f Instruments. A~! checks, d~af~s, demands for nones, no~es of ~he corporaC~, ~d ~ ~c~en con~rac~s of ~he s~l be s~gned b~ s~h off~ce~ or off$cers, as~c or agents', No o~c~, aS~, or ~p~o~ee of ~e co,oral,on sh~ hve the power co b~d ~ corporation b~ contract oF o~he~se, ~ess authorized ~o do so b~ ~ese B~vs oF b~ ~e hrd. Sec~ 9.3. F~sc8~ ~e~ ~e f~sc~ y~ of ~ corporation sha~ r~ from July 1st to J~e ~h. ~ese Bylaws My ~ altered, re~ed, oF ~ended ~d ne~ or add2~ ByLaws adopted a~ any ~ by a v~an~ous vo~e of ~e ~d. .' Oo, .J Page 10 of 10 CERTIFICATE OF SECRKfARY C I, ~e undersigned, hereby celery: ~. 1. I a~ the duly elected and actin~ Secretary of ~D- PEN~SUI~SUPPORTNEI~OI~. 2~ ~ ~ore~o~n~ Bylaws, c~prXs~ ~en (10) pa~es, ~nc~ud~nS ~s ~ge, constitute ~he Bylaws of ~he corporat~ ~ d~y adopted ~ a mee~n8 of ~e ~d of ~ectors thereof held on ~~ ~ ~ ~d ~Muded ~ ~ ~S ~F, ~ ~ve here~o subsc~bed 'my n~e t~s /~ day of~~~/ , 199D. : .... . Secre~ry, ~d of ~rectors SUPPORT NETWORK FOR BATTERED WOMEN BOARD OF DIRECTORS 2001-2002 NAME & OCCUPATION MMI.ING ADDRESS, YEAR JOINED (Board Officers noted in parentheses) TELEPHONE NUMBER, BOARD AND F,M~ m JoAnn Edwards 534 Ramona Street (Chair) Palo Alto, CA 94301 1998 Owner, Tercera Gallery (650) 322-5324 pa~,terceragallery, com Andrea Villasefior-Pcrry, MSW 372 Hull Avenue (Vice-Chair) San Jose, CA 95125 1998 On sabbatical (408) 995-5302 avpenwt~.aol.com Cece Montgomery 2471 East Bayshore Road #501 1997 (Treasurer) Palo Alto, CA 94303 Kelmoore Investment Co. (650) 354-3816 EVP - Human Resources cece~kelmoore.com Meghan Denzel, MSN, RN 10470 Serra Strec~ 1999 (Secretary) Cupertino, CA 95014 (650) 938-3393 meghan~denzelnet.com Nancy Clark 225 Addison Street 2000 Attorney Palo Alto, CA 94301 W: (408) 299-2111 x 228 H: (650) 327-8205 nancv.clark~cco.co.sauta-clara.ca, us Sheila Henriquez~ P.O. Box 26787 2000 Legal Secretary San Jose, CA 95159-6787 (408) 998-5907 shenriouez~skj erven.com shell5 l@,aol.com Baker Moorefield 810 Lemon Street 1999 Artist Menlo Park, CA 94025 (650) 326-2040 bake~moo(~earthlink.net Ash Pirayou 101 Park Center Plaza 1996 Attorney Suite 1160 Pirayou Law Office San Jose, CA 95113 (408) 297-3795 ash~piravoulaw.com Linda G. (Vicki) Vickers 1915 Mt. Vernon Ct. #12 1999 Marketing Manager Mountain View, CA 94040 CAS Architects, Inc. (650) 967-6600 · vicki~casarch.com Aaron Persky 70 W. Hedding 2001 Assistant Dislxict Attorney San Jose, CA 95112 County of Santa Clara (408) 299-7400 Harmeet Db. ilion Five Palo Alto Square 2001 Attorney 3000 E1 .Camino Real Cooley Goodward Palo Alto, CA 94306-2155 Belinda Quesada 1725 Technology Drive 2001 Social Services Agency San Jose, CA 95110 Internal Revenue Service Department of the Treasury District Director P.O. Box 2350, Los Angeles, Calif. 90053 Pemon to ContacC J. Tea6,ue Support BTecwork £or Telephone Number:. [213]-894-2336 Battered Women 444 Cutro Street, 305 Refer reply to: EO (1205) 96 Moun~-;n 'view, C;1;¢, 94041 Date: December 19, 1996 EIN: 94.2598854 Dear Taxpayer: This letter is in response to your request for a copy of the deterr-i~ation letter for the above ~,-ed org~i~.afion. Our records indicate tkis org=-i=ation was recog~i~.ed to be exempt from Federal Income Tax in May 1979 as described in Tnternal Revenue Code Section 501 (c) (3). It is further classified as an org~,~izafion that is not a private foundation as defined in Section 509 (a) of the Code, because it is ~n org=ni~.ation described in Section 170 (b) (1) (A) (vi). The exempt status for the determ;nafion letter issued in October 1979 continues to be in effect. If you neec~ further assistance, please contact our office at the above address or t~lephone number. Sincerely, Disclosure Assistant ACORD,. CERTIFICATE OF LIABILITY INSURANCE 0S/29/2001 I RODUCER (G;0) 342-4484 ($50) 41-446S THIS CERTIFICATE IS ISSUED AS A MA ER OF INFORMATION Business Professional Zns, ~soc Znc. ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICA~ ' HOLDER, THIS CER~FIGATE DOES NOT AMEND, E~END OR 1519 South B Street ALTER THE CO~GE AFFORDED BY THE POLICIES BELOW. San ~ateo,, ~ 94402 INSURE~ ~FO~ING COVE~GE wsu~ Support Net~rk for Battered ~omn wsu~ Great Wr~can ~4 ~stro Street, Ste 305 INBU~RB: Saftey Nattonal Casualty ~any ~untain V~, ~ 94041 IN~URER D: I ~URER E: COVE~G~ THE POUCIES OF INSU~NCE LIS~D BEL~ HA~ BEEN ISSUED TO THE INSURED ~ED ABOVE FOR THE POLICY PERIOD INDICTED. NO~TH~ANDING ~ REQUIR~ENT, ~RM OR CONDmON OF ~Y CO~ OR O~ER DOCUME~ ~H R~PE~ TO ~ICH THI~ CERTIFI~TE ~Y BE ISSUED OR ~Y PERTNN, THE INSU~NCE AFFORDED BY ~E POLICIES DESCRIBED HEREIN IS SUBJE~ TO ALL ~E ~R~. ~CLUSIONS AND COND~ONS OF SUCH POLICIES. AGGRE~TE L~S SHO~ ~Y ~ SEEN REDUCED BY PAID C~IMS. ou~ ~AC 225 41 70 04/21/2001 04/21/2002 ~HOOC~ENCE ~ X,000,000 X C~RC~ GEN~ L~IL~ FIRE ~E (~ ~ tim) ~ 100 ~ 000 / C~MS ~ IXl OCCUR MED EXP (~ n ~) ~ 5,000 A -- PE~O~ & ~ ~J~ I ~ t ~0,000 ~~ ~P 225 41 71 ~/21/2001 04/21/2002 C~BJNEDaW~EL~n 1,0~,000 A~ X HI~D ~S ~LY I~URY O~ER~ ~O ~LY: DEDU~B~ ~P~N~D )R8249 07/01/2001 07/01/2002 X JT~sJ B Lc ~H ~CeE~ S 1,000,000 ~y~ D~shonesty )AC 225 41 70 04/21/2001 04/21/2002 $1~,000; S5~ D~. A - B~ anket Fo~m .eP~T~C~te ~Ol~eP ~S ~ ~G~t~O~l Insu~eG W~h reSpeCt tO ~8~G ~nsuPed~s operations and iS cove~ed by the above ]~ab~]~ty ~cy. Except ten days notice fo~ non paint of p~um. City Hall 10300 Torre Avenue Cupertino, IDA 95014-3255 CiTY OF Telephone: (408) 777-3220 CUPEI INO (408)777-3366 ADMINISTRATIVE SERVICES DEPARTMENT SUMMARY Agenda Item No. ~,~ Meeting Date: November 19, 2001 SUBJECT AND ISSUE City Offices to be closed for Christmas Eve and New Years Eve. BACKGROUND Bargaining agreements with our employee groups provide for city offices to be open half days on Christmas Eve and New Years Eve. This year, these two days fall on a Monday. Considering the low level of customer calls during this time and the energy costs associated with opening the buildings, we are propos'mg that city offices be closed all day on Christmas Eve and New Years Eve. Consistent with our past practice 4-5 years ago when city offices were closed these two days, employees would be required to charge a leave bank for the additional time-off. RECOMMENDATION: It is the staffrecommendation that the City Council approve the closing of city offices for Christmas Eve and New Years Eve for this year only. Submitted by: Approved for submission: Caro . Atwood David W. Knapp Director of Administrative Services City Manager Printed on Rec¥cled Paper ~ 3-- ) P~SOLUTION NO. 01=244 A RESOLUTION OF THE CITY COUNCIL OF CITY OF CUPERTINO RECEIVING THE DECLARATION OF ELECTION RESULTS FOR THE GARDEN GATE REORGANIZATION BALLOT MEASURE D HELD ON NOVEMBER 6, 2001 WHEREAS, the City of Cupertino conducted a general municipal election on November 6, 2001, to submit reorganization ballot Measure D to the resident voters of the unincorporated area of Garden Gate; and WHEREAS, the Registrar of Voters of the County of Santa Clara, State of California, has conducted the official canvass of the returns of said election in accordance with the appropriate provisions of the Election Code of the State of California; and WHEREAS, the Registrar of Voters has certified that the attached document (Exhibit A) is a full, true and correct statement of the votes cast at said election for Measure D; and WHEREAS, the City Council declares that votes were cast in the Garden Gate reorganization ballot Measure D, with __ of those votes cast in favor of the measure, and of those votes cast against the measure; and WHEREAS, a simple majority of the votes cast were needed to confirm the Cupertino City Council's approval of the reorganization of territory designated Garden Gate 01-02 on Suly 16, 2001; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby receives the Certificate of Election Results, General Municipal Election, November 6, 2001, and directs the City Clerk to submit a certified copy to the Executive Director of the Local Agency Formation Commission (LAFCO) of Santa Clara County; BE IT FURTHER RESOLVED that the City Council confirms its previous action, approving the reorganization of territory d~ignated Garden Gate 01-02 as described in City Council Resolution No. 01-166. Resolution No. 01-244 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November, 2001, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2q-2. County of Santa Clara Registrar of Voters 1555 ~rgcr Drive, Bttl~ll~ 2 P.O. ~OX 1147 San Jose. ~lifomia gs I ~ (~) 29~VOTE (86~) FAX ~7314 November 16, 2001 RECEIVED Ms. Klm Smith NOV ! 9 2001 City Clerk City of Cupertino CITY OFCUPERTINO 10300 Torte Avenue Cupertino, Ca. 95014 RE: Certificate of Election Results and Statement of Vote Dear Ms. Smith: Enclosed is a Certificate of Election Results and Statement of Votes for the Consolidated Election held on November 6, 2001. Pursuant to Elections Code Section 15400, your Council should accept the Statement and declare the totals to be the final results of the election. Please call if you have any questions or need further information. Enclosures"-- Board of Sup~rvisom: Donald F, Gage. Blanca Alvarado. Pete McHugh, Jame~ T. Beall. Jr., Liz Kniss County Executive: Richard Wille.~Ll~r~ ~ Certification of the Votes Cast STATE OF CALIFORNIA $s. County of Santa Clam ) I, EVONNE ZAMORA, Acting Registrar of Voters of said County, do hereby certify that in accordance with the provisions of the California Elections Code, I did canvass the retums of the votes cast in said County at the Consolidated Election, held on November 6, 2001; that the Statement of All Votes Cast, to which this Certificate is attached, shows the total number of ballots cast, the number of votes cast at each precinct for each candidate, the number of votes cast in each City, School District located in whole or in part in the County, and, that the totals shown for each candidate and measures are full, true and correct. WJTNESS my hand and Official Seal this 16a day of November, 2001. Certificate of Election Results STATE OF CALIFORNIA County of Santa Clara I, Evonne Zamora, Acting Registrar of Voters of the County of Santa Clara, State of California, hereby declare that a CONSOLIDATED ELECTION was held in the City of Cupertino on November 6, 2001, for the purpose of electing three members to the City Council, and submitting Measure D to the voters of the Garden Gate area, and to wit: D. GARDEN GATE. Shall the reorganization order adopted on July 16, 2001, by the Cupertino City Council be confin~ed? The reorganization would affect the unincorporated area of Garden Gate and provide for (1) the annexation of about 107 acres of territory know as Garden Gate to the City of Cupertino; and (2) the detachment of the same territory from the Santa Clara County Lighting Service Area. That the results of said Election were canvassed by the Office of the Santa Clara County Registrar of Voters in accordance with applicable provisions of the California Elections Code; and, That the Statement of Votes Cast, to which this Certificate is attached, shows the total number of votes for each candidate for open City Council seats in said City, and for and against Measure D in the Garden Gate area of the City of Cupertino, and each of the respective precinct; and that the totals shown .for each candidate are true and correct. WITNESS my hand and Official Seal this 16th day of November, 2001,,.~'-'~ .'~ ~:~ -.' c ~ ~ A~ing R~f Votem ww~ .~. 11t13J2001 10:11 AM SANTA CLARA COUNTY Slatement of Votes S of 50 November 6, 2001 Con~iollclated Election 2 11tI~2001 10:11 All SANTA CLARA COUNTY Stalement of Votes 6 of 6o November 6, ~001 COIllOIIdill~l EI~CUOn ~,~?~,?~: ..... ~ :....~...?~- ~:.~ ........;...:.. ~ .. ,. '.~ :.?.:..~.,: .a~'~:;~..;...~ ...... ~__'~~:~'~ '.:. '.. ~ :...:..~ :~. .~ ;:: .:.~ ....~ ~-..:.,~ .~ · -.,~. ... ..:.:..'.~:. ~: · ~ {.' . .,' :. .... :..,.~m f.:. ~..~ :i:...:'::~.~'.: ....m .. 11~~ ~ 24~ 7.4 1~ I~ 1~ ~ I1~ 21~~. . :..:.~ ~'.. 315 ~1 '. .,1~-. · 1~.:. I~.?: :1~.1 : .1~ .. :. ~'.-::~U:~ .' ~.0.. :' ' .... .~..~' ~ '~:~.':..~Z ~ · ~ ........ ~ ~ '~'~ :.'' 7.S .' · ~ ~.~-' · ~' ~ ~"' :.~ .'.. ~. · ' ~ ~ ~ ~ ~ 4.0 21~ 1~ 1~ I~ t71 · ~. ~. ..~. ..'.. . ': .. ..... ~.~ r. ':~4~. ~i~ ~.~..~1~ ~ .... . ~ ':~ ...~ ~ 'i .....~....,.~. ~: ~: .. ,....~.. ~... :. ...'~: ....... ~.~-~... .~..' ...~ ~.' ~. ~ .. · ....... . .. ~. ~ , · ~ :~ :;'~.. :.~ .:;. ~ · . .. ~ ~ ~ 5.5 ~4 ~ 1~ ~ 1~14 ~1 5.1 ~ ~ ~ ~ I~ ~ 4,7 ~ ~ 318 11/13/2001 10:11 AM SANTA CLARA COUNTY Statement of Votes 7 of 50 November 6, 200T Consolldatecl Etection 11~-~ 1~1 ~ 4.0 ~ 24 31 ~ 24 ~ ~C ~ I~ 1~6 ~ 75 75 ~ ~ ~ I~ 7 ~8 4 I 4 4 4 ~ - ~ 19 0 0.0 0 0 0 0 0 ' '~: ' '" ':'. ~ "~ .' :' M ~ .M ;':: "41 11/13/2001 10:11 AM SANTA CLARA COUNTY St.foment of voles 0 of 50 November 6, 2001 Consolidated Electimt 2 ~ I~ 1~ ': 10.4 .~ M ' ~ ~ 70 ~ ~C . 2~ 2~.1 161 ~,~ ~ ~ · LO.. ".' :' · · ~ ~C 15~ 412 ~,9 261 . .;~;. . ': ~ . . 11/1~'~001 10:11 AM SANTA CLARA COUNTY Statement of Votas 9 of 50 Nmmmber 6, 2001 Consolidated Eleotlon ~___ -~ 13 0 0.0 0 0 0 0 0 ~T~ ~1~ 11~ I~ ~ ~ ~ ' ~ 8101 11/13/2001 10:11 AM SANTA CLARA COUNTY Statement of Votes 19 of 50 November 6, 2001 Conso#dlted Becthx1 #~nd Tomb Ciy d C.peli.o. Cm~iknenbM 11/13/2001 10:11 AM SANTA CLARA COUI4TY Statel.lOt of Vofel Novo.aw ~, ~001 ConIolidated ElecUon 20 of 50 #*~,hIll~II TOIII$ ~ og ~ Co.neOmIm~ber 11/13/2001 10:11 AM SANTA CLARA COUN?Y Statement M Votes 21 of ~0 November 6. 2001 ConsMIdlted Ejection 6 3eo!:...i~c, aeOlO ..... ...' '1Mo ~.':.'?:.~ j.:" 19.~..: ........ : 12 129 -;~'. ~?: ...111 .14a: le~ 3em.-.~.-: .14~ ~.!......~am :'. 8.4 ,. .. ~Jo: .ae _. .,o. . .la 7s . __~c~_~;~-~;~... · ..:' .~.:.' ..:.~6';i... ~].1 ';. .. ;3~! .~. ]W~': .1~ ~ 1~ ;.' ~ - Mi ~ 24 7.1 4 8 11 g I1 g ~".'~... ~ ~¥.: Zt~ ::-. 31.1 .. .' : .: ' . ,~ .. .~ '. 11~..: .'1~7 · .~ ~ :':" ~.~.' ' 1~ ~':.. ~" .~" "' ~ ~ · S~ ' .'1~ .' IM . I~ ~10-~ 1147 1~ ~12 le ~ ~ ~ ~ ~ ~11~'~... 1~ "-~?'.~ ~:: -le;5 .'...- '. ' ..... '. ~ .~ · I~ ~' .1~ ' '.174 IM ' ~11~.~.::' - ' ~ ~:~:'~ ~ :S'. ~ .:...' '"'; . ." · · ~ .a~ '~ .:~ ~' M ..' · ~Z;.:.~C;~ 1~ ~:. 'M ~:" :21.7: . ' · ' ' .'.:;O ~.' ~ 1~::~:.'' ::I~ .. 1~' · 15t, ~14- M 711 ~ ~8 3 15 21 15 ~ ~ ~t~.~:~W~.'G. , ' !~ ~.,.:...~ ;;. "~1~ '..'" ' ..'. :' :: " .1~ ~::... '~ · ~ .r.:': ~:~ '".' ~ 101 . ~;~M". t~! ~c:~: ?~ '¥"' ~s ,'~ "'... -.. ~ '.. ;6 .;. Z4 .; ~ "~ ' ' "~ ." = :: · ~.~C~' ' '1~ ~,':; ~ ;.~" ~? '. '~.~ ' ". "' :3;. '4M · t41 ~.. · .~ ". '1~ 1~ ~' ':".' ~'~ M) ~..';~: ~ ~. 115 ..1~ '..81 1~ 121. '~;.. '~," .. ~ r~:.. '.~ :':' .~ ..... . - 6: '~'.' ~1 ?,:' '..;~ · '~ ~ ':. ~,'~', 1101 , ' M ,~6 ,; ~,,: '~ ,~ . 1M , ,~ 149 151 · ~'~;~,,:,: 11~ :,' ' ~;::" 5.6 .... G; ,1~ 31 · 14,, · ~ ~,,' ~',,:'~C 1~ ,: . M ,21~ 19 ' M ~ : :1~ 114 t~ ,,,, ~. ~ m ~ L4 7 ~; 4~ ~4 47 = ~::~C. ' ~ ::.'::.lm ~ ~ ..'- ,IS .. ~.: .:e~ ',...:M'. ~U lm .. .~ ~:M.-. ".~-:::.>¥'M ~:. ~8 -'"S · e :. t? 24 :" :1~. m ~ ~ ~:G ~ :." .' '1~ :.. 21.4 ..~ ~ 119 .. :61 1~ ~ ~TM ~ ~ ~ · . ~ '~ ~l~: ~ .~ ~.: 11/13/2001 10:11 AM SANTA CLARA COUNTY Statement of Votes 45 of 50 November 6, 2001 Consolidated Election "Grand TMels ~ M CumW~o 14 Me~sure D 11/1~1)01 10:11 AM SANTACLARACOUN'rYStat~mentofVote~ 460/50 November 6, 2001 Co~._-~.Mat~l Election "NIIIII~II T C4MS ~y d Culwtino 14 V4aS.~ D , · '+lt.~;;.'.. ,lit· 13.1 .. 43 : ~~~.. .:: -~i~ ;~:.'...'.',~'~ s3.~ ~,, ~?. ,~ 1 !~ ~ ~ 017 81 I~! ~ 4~ ::, ' ':~,' :',,~'~':", ,81 1~1 ,,, ,,', ,, ,,~ ,,,., ~ .,-, · , : ~ , , , , ,' 11/13/"~i 10:11 AM SANTA Ct. ARA COUNTY Statement of VOfo~ 47 of 50 November 6, 2001 Con~ldatad Election 14 V41sum O City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 CiTY OF Telephone: (408) 777-3220 CUPERTINO ADMINISTRATIV£ $~RVICBS DBPARTMENT SUMMARY Agenda Item No. ~,5' Meeting Date: November 19, 2001 SUBJECT AND ISSUE Review and Approval of year-end close 2000/01 budget adjustments. BACKGROUND In conjunction with the close of our fiscal year, Finance staff reviews the budget, compares it to actual revenues and expenditures and proposes final adjustments to more accurately reflect what has happened during the year. Our guidelines require that these adjustments be approved by the City Council. The attached items represent a list of final 2000/01 budget adjustments for Council review and adoption. Total General Fund impact of these budget adjustments is an increase to our fund balance projections of $1,004,000. This increase is primarily due to additional revenues received from sales tax ($800,000) and interest income ($300,000). RECOMMENDATION: It is the staff recommendation that the City Council approve the above adjustments. Submitted by: Approved for submission: Carol A. Atwood David W. K. napp Director of Administrative Services City Manager Printod on ,ecy¢led Paper 2 5--[ Final Budget Adjustments Fiscal Year 2000-01 Description Revenue Expenditure Net Generssl Fund: Sales Tax 800,000 Interest Income 300,000 Consultant Contracts during position recruitments 40,000 Retiree Health Benefit increases - negotiated and not funded $6,000 by dep;uh.ent savings 1,100,000 96,000 1,004,000 Environmental Management Miscellaneous 0 2,200 -2,200 10300 Torr~ Avenue Cupeg/no, CA 95014 (40g) 777-330g CUPEILTINO c4o ) Community Development Department SUMMARY AGENDA NO..~ AGENDA DATE: November 19. 2001 SUMMARY: Appeal of Planning Commi.~sion approval of "' ' ' Application No. 14-ASA-01, regarding architecUuul and site approval for lighting, color, materials, landscaping and other design features of an approved apartment bui]dlng at Lot 1, Tract 7953, Cupertino City Center _ (/kiN-) 369-01-029). Thc Applicant is thc - ~"-_ '~ '~ --' -~ ~ _ Stevens Creek Apart~__.nts (Verona). - Councilmember Don Bumett filed the appeal. RECOMMENDATION: The City Council may take any of the following actions: 1.) Uphold the appeal and modify the conditions of approval contained in l~,~i,,g Commission Resolution No. 6095 to refeaence the revised site plan and elevations. 2.) Deny the appeal and uphold the Planning Commission decision. 3.) Continue the application and request additional info/marion from the applicant. BACKGROUND: ~, On June 9, 2000, the City Council appwved the plans for a 206-trait ap~huent complex at City Center, subsequently named Verona. The Council approval included a condition requiring arch/tectural review of certain details, as shown in thc attached excerpt of the conditions of approval for 6-U-00 ('Exhibit A). DISCUSSION: The applicant submitted an application for lighting, color, materials and landscaping detaila to the city as required in the conditions of approval for application 6-U-00. This application did not address architectural changes although staff noted many architectural changes had been made on the plan set. Staff discussed and presented the Planning Commission with only thc items being addressed in Exhibit A. Staff also noted in the Planning Commission staff report that the applicant may be directed to apply for a modification of application 6-U-00 should staff deem the architectural changes to the buildings significant. Based on the material reviewed, the Planning Commission approved the lighting, color, materials and landscape details for application 14- ASA-00. During the 14-day review period, Council m~mber Bumett reviewed the plan set and appealed the Planning Commission decision. The appeal was based on the architectural details differing si~r~nificantly from the City Council approval of 5-U-00. Specifically, Council member Bumett noted that many of the roofs and window details were different, the plans showed an exposed stairwell that had previously been enclosed with windows, elirnination of an arched architectural feature on the north elevation and elimination of an open area above the Porte Cochere between the loft units. Staff discgs, sed the architectural changes with the applicant and expressed Council m~mber BurneR's concerns. The applicant agreed to return to the original architectural approval of the building and prepared exhibits to demonstrate the plans will substantially conform to the ori~na! approval, including retention of the opening between the units on the north elevation and retention of the arched eleanent. Staff reviewed the revised pl~n.~ with Council member Burnett and representatives of Prometheus Real Estate Group, Inc. on October 15, 2001. At the council meeting later the same day, council member Burnett expressed his satisfaction with the revised plan set. Staff will diligently review the building plan set to ensure it complies with the approved plans. Sta~ recommends the Council uphold tho appeal and approve a modified site and architectural application that mo,titles thc conditions of approval to reference thc revised site plan and elevations. P~pared by:. Ve~a Coil, Sunior Planner gub.,,; ~t~d~ ;/~ Approved for Submirml: Steve Piasecki David W. l~*pp Director of Co ....... m~l~- Deve, lopme~ City Msn~ger 'i Enclosures: Pl~in_~ C¢,.,,.~;=sion Resolution No. 6095 ExMbit A: Excerpt from Conditions of Approval for 6-U-00 Exhibit B: phnning Co;,~i-,~.~sion Staffreport dated ~un¢ 25, 2001 Exhibit C: M/nutes from the lune 25, 2001 P1~i~g Co..~.;ssion Meeting Exh'oit D: Letter from Don Bumett appealing P!~-~-$ Co..,,ission decision Exhibit E: M/nutes from the October l~, 2001 City Council Meeting Extn'o/t F: Approved City Council Plan Set - black and white copy Exhibit/3: Approved pl~.ni~3 Co~,;~sion Plan Set- color copy 14-ASA-01 CITY OF CUPERTINO 10300 Torte Avenue Cupertino, California 95014 RESOLUTION 6095 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEw FOR LIGHTING, COLOR, MATERIALS, LANDSCAPING AND OTHER DESIGN FEATURES OF AN APPROVED APARTMENT BLrlLDINO AT CUPERTINO CITY CENTER SECTION I: PROfECT DESCRIFrION Application No.: 14-ASA-01 Applicant: Stevens Creek Apartments (Verona) Location: Lot l, Tract 7953, Culmrtino City Center SECTION H: FINDINGS WHEREAS, the phmnlng Commission of the City of Cupertino received an application for Architectural and Site Approval, as described in thin Resolution; and WHEREAS, the. P!~n~i~g Commission finds that the proposal is beneficial and compatible with the surrounding area; and WHEREAS, thc Plnnnlng Comminsion finds that the proposal meets the following requirements:. '1. The proposal, at the proposed 'location, will not be detrimental or injurious to prOl~rty or improvements in the vicinity, and will not be deuimental'to the public health, safety, gene~'al wolfa~, or ¢onYeaience; 2. The proposal is consistent with the purposes of the zoning ordinance, and the Cnm. ea~d Plan. 3..The proposal will use materials that compliment neighboring structures. 4. The proposal includes landscaping that will soflma the appearance of the -~l~acture. NOW, THERN. gORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. 14-ASA-01, is hereby approved; anti That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the public hearing record concerning Application 14-ASA-01 as set forth in the Minutes of the planning Cowmlssion Meeting of June 25, 2001 and are incorporated by reference as though fully set forth herein. Resolution No, 6095 14-ASA-01 Juno 25, 2001 Pag~ 2 SECTI°N III: CONDITIONS ADM/NISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS ' Approval is based on the submitted plan set and material board, except as may be amended by the conditions co~ts;-ed in this Resolution and in Exhibit D. 2. SIGNS AND BANNERS Thc si~s arc not a part of this approval and. will need to be approved throuEh a separate architectural and site approval applicatio~ 3. STAFF REVII~w PRIOR TO ISSUANCE OF PERMITS Staff shall review and approve.root%~ material~ pedestrian pavers, Hghting pl--~ tile in-~"ts for retaining wall and any propOsed minor architectural chanses prior to the issuance of' building 4. WINDOW INSETS All windows shall be inset a minimum of three inches. 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. Pun,,._nt to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, end 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, pul~_~nt 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 25~ day of June, 2001, 'at' a Regular Meeting. of the p!An, i,g Commission of the City of Cupertino, State of California, by the followin~ roll call vote: AYES: COMMISSIONERS: Cheh' Corr, Patnoe and Chairperson Kwok' NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Auerbach ATTEST: .. APPROVED: /s/Steve Piasecki /s/Patrick Kwok Steve Piasecld, Director Patrick Kwok, ChAirperson Department of Community Development Planning Commission O:plannin{/pd~,por t/re~ 14ash01 .esolu on No. &u-oo ,me 9,..oo E]/' II IT A Page.3. , most Northcrn ckivc aisle withl, the lot. A landscape eascmcnt for plnnting on lot # 7, 5 ~ 9 shall be submitted with the building permit. The text shall be' spi~mved by staff after review by the City Attorney and recorded in conjunction with the buil_di-g permit. A pedestrian access easement shall be recorded for the sidewalk along Stevens Creek Boulevard. The easement wording shall be approved by stn~; a~er review by the City Attorney and recorded in conjunction with the building pmmit The final landscape plan shall incorporaIe evergrecn lrecs along the Stevens Creek Boulevard frontage. The lo,~llng dock ~ be partially screened with · versrecn shrubs. 6. DI~SIGN REVIEW Design review is required in order to'.assure that the final design materials, elements and fixtures are of the highest quality. The pln,,i,g Commission shall decide on the following: Residential' - Bicycle loct-l-g facility or secm'ed area in parlrl,g garage. - Light fixtures on the building to complement design. - Pedestrian down lighting for the patio area and around four sides of the building. - Paving materials for pedestrian paths around the building, inclvdl-g the retail patios, Pone Cochere and area around the kiosk. The matmials shall be stone (slate or granite), or brick pavers. -The sign program shall include tennnt ~ si~o~nge, which are Iow profile but classic in style. The ~se of neon is discouraged. - Exterior flag desi~ color and martial for long term viability. - Building glass color. The goal is to reduce reflectivi~y buy complement the building design. - Window ~-es to be amlnlm~m 3" in d6pth. - Roof material to be authentic clay tile, Mission style or othar_mnterial of equal quality that has the same appearance. - P. oof overhang shall incorporate a flnisbed cave soffit detail to hide the roof joists and -: Color asses.,,uent of balcony railings and subsurface garage ventilation op~ings to complement the p~imar~ building color.. Stone tile base with the highest quality of material. .Design of the area between the lofts on the Porte-Cochere elevation. Comvrlereial - Ligh~ fixtures to complement the design of the building. - Pedestrian down lighting for the patio area and around four sides of the building. - Paving materials for pedestrian paths around the builaln~, including ~he r~ail patios, Porte Cochere and area around the kiosk. Thc materials shall be stone (slate or .. l~anite), or brick pavers. - The 2' retaining wall separatin~ the Plaza and the retail patio shall include a seat and shall extend the foll length of the rctail frontage. The material may be concrete but shall include the following treatments: pi_oment color, special aggregate, special scoring pattcm'or ornamental insets, such as tile. Resolution No. '- 6-U-00 .Tune 19, .oJ0 - Accent plants in planters or tcrracotta pots in front of retail businesses. - A bicycle rack which shall be made available near the retail use'and Plaza. - Retail awning and exterior flag design, color and material. Material shall be chosen for longevity. - Building glass color. The goal is to reduce reflectivity but complement the building desi?- - Window frames to be a mi~im~m Of 3' in depth. - Stone tile base with the highest quality of materials. - Pedestrian entry from retail area to the parici~g garage. Building or Site Design Light fixtm'es on the building to complement dr, ign of the building. Pcd~l~an down lighting for the patio area and around four sides of the building. Paving materials for pedestrian paths around the building, including the retail patios, Porte Cochcre and area around the kiosk. The materials shall be stone (slate or granite), or brick pavers. The sign program shall include tenant distinct signage, which are Iow profile but classic in 'style. The use of neon is discouraged. Exterior flag design, color and material for long term viability. Building glass color. The goal is to reduce reflectivity but complr~ent the building design Window fi'ames, to be a minimum 3" depth. Roof material to be authentic clay tile, Mission style, or other material of equal quality that has the same appearance. P~oof overhang shall incorporate a finished eave soffit detail to hide the roofjoists and rafters. Color assessment of balcony railings and submufacc garage ventilation openings to compliment the primary building color. Stone tile base with the highest quality of material. l~inal landscape and irrigation plans. Building -b~e landscape planter details (maximum height of 3 feet to 4.feet). Stone tile base with the highest quality of material. 7. NOISE ANALYSIS The applicant shall have an acoustical consulf,mt L~ice. reoommen~1*l'iOns to demonstrate compliance with the Cupertino General Plan. All residential .units shall be subject to good quality construction practices and installation of equipment which may include scaling of doors, windows and frames and casings and mechanical ventilation to ensure that the interior average day/night noise level docs not exceed 45 dBA Ldn. 8. NOTICE Ot~ I~EES, DEDICATIONS, RESHR.VATIONS OR OTHEI~ EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requireznents, reservation requirements, and other exaction's. Pursuant to C-ovea~ment Code. Section 66020(d) (1), these Conditions Constitute written notice of a statement of thc amount of such fees, and a description of the dedications, reservations; and other exaction's. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exaction's, pursuant to Government Code Section 6~5020(a), EXH/Brr B CITY OF CUPERTINO t 0300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: 14-ASA-01 Agenda Date: June 25, 2001 Applicant: Stevens Creek Apartments Property Owner. Same Property Location: (Verona Apartments) Lot 1, Tract 7953, Cupertino City Center Application Summary: Architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment building at Cupertino City Canter. RECOMMENDATION: Staff recommends approval of.' '1) 14-ASA-01 BACKGROUND: On June 19, 2000, the City Council approved the plans for a 206-unit apartment complex at City Center, subsequently named Verona.' The Council approval included a condition requiring architectural review of certain details, as shown in the excerpt of the conditions of approval for 6-U-O0 (Exhibit A). DISCUSSION: BUILDING MATERIALS AND COLORS The first nine pages of the plan set depict the colors, varied materials and special features of'the apartment building. A photo of the material board is enclosed; the original material boa~ is available in the Planning Department and will be available at the meeting. The first and fourth pages of the plan set, describe the colors of the main building, which are shades of tan. The lightest tan (P1) is used on upper floors of the building, a darker tan (P2) is used for the main body and the darkest tan (P4) is used for the lower base of the building. Base Tile: To add texture and interest, a limestone plaster (P5) is being proposed for the retail base. The plaster is applied to the building and later saw cut to a stone reveal. The limestone plaster has been used successfully in some of the themed Las Vegas casinos replicating Italian and French stone facades. Buildin.(3 .~lass color: The building glass color is to be of a Iow reflectivity value. Staff has verified that the glass will be clear and therefore be of a Iow reflectivity value. Window frames: The conditions of approval require the windows to be Inset at least three inches. Details provided on page two of the plan set show the windows will be inset two inches, Staff continues to believe the windows should be inset at least three inches. A condition of approval is being proposed to address this.issue, Roof overhan.cl: The roof overhang details are also shown on page two of the plan set. Staff believes the roof joists and raft. em are adequa, tely concealed and therefore meets the conditions of approval. Roofing material: The applicant has proposed roof tiles which staff feels does not reflect the authenticity of real clay tile. The tile also has a repetitive pattern which does not authentically reflect the aging of clay tile. Staff is proposing that the applicant provide other tile samples for staff to review. Staff would provide the final approval of the tile prior to the issuance of the building permit. The conditions of approval in the model resolution reflect this proposal. Trellises: The trellis details have been reviewed by the City's design consultant, Larry Cannon Design, and have caused some concern. Mr. Cannon feels the top members of the trellis are too small and the transition from these members to the support appears awkward. Working with Mr. Cannon, the applicant has proposed using larger 2" X 4" or 3" X 3" steel or aluminum angled tube as the top members. Although Larry Cannon still expressed concem over the materials, he felt this was an adequate solution. Architectural chan(~es to the buildin(~: During the review process, staff noted numerous architectural changes to the approved elevations. Many of these alterations appear minor. Staff proposes that the applicant provide side-by-side comparisons of the approved and proposed architectural changes for staff review. Staff is recommending these architectural changes be reviewed and approved at the staff level prior to the issuance of building per[hits. If, in Staff's judgment, the architectural changes appear significant, the significant amendment will be reviewed by the planning commission. LANDSCAPING PLAN The landscaping plan is shown on pages L-1.0 through L-1.7. The review " focuses on the retaining wall betWeen the Plaza and the retail, the planter wall at the base of the building, and the overall landscape plan. 3 Accent olanters: Sheet L-1.7 offers photos of the terracotta planters and lightweight pots that are being proposed for the patio and pedestrian common areas of the development. Staff has reviewed these photos and the planters are acceptable. Retainina wall between Plaza and retail: The conditions of approval for the apartment call for the retaini.ng wall between the Plaza and the retail to incorporate a seating area. That seating area is · depicted on sheet L-1.6 of the landscape plan set. However, this drawing does not show the level of detail to .determine whether is meets the condition of approval. The landscape architect has faxed additional information showing the details of the seating wall. These are included as Exhibit D. These detail sheets show tile insets will be included in the wall. The color of the tile will match the terracotta awnings. The Wall will also match the base of the building P-4. With these specifications, staff believes the design of the wall is acceptable. Base ;)lanter wall: Planters are proposed for the base of the apartment building. The detail for the planter is shown on sheet L-1.5. Notes on the detail sheet state the color will match the building. Staff finds the design acceptable end believes the color should be designated as P-4 as shown in the elevation sheets. Bicycle ;)arkina: Staff has reviewed the location of the proposed bicycle parking and finds that it meets the parking ordinance requirements. Pedestrian pathways: According to the conditions of approval, the pedestrian pathways are to be brick pavers, slate or granite stone. Staff would like to verify, by reviewing samples of the materials, that the pedestrian pavers are of good.quality. This can be done prior to the issuance of the building permit. LIGHTING Pages 15 through 24 show the lighting concept for the building. As can be seen in the illustration, one of the goals of the lighting plan is to light the building so that it is visible from a distance. Although staff endorses this concept, further evaluation of the lighting intensity must be completed to assure the residents are not adversely affected. Staff recommends the applicant provide more information on the lighting intensity and demonstrate the lighting will not adversely affect residents. The final lighting plan will be reviewed and approved by staff prior to the issuance of the building permit. ' · RAILINGS AND AWNINGS Railings are located on many windows throughout the building. The conditions of approval call for the railings to be painted to match the building. The plan set details confirm the railings will be painted to match all trim on the building. Awnings are proposed for the retail portion of the building. Two colors are being proposed for the awnings - terracotta and vanilla. These colors complement the color chosen for awnings of the adjacent Kimpton Hotel. Staff believes the awnings and color of the railings are acceptable. SIGNS AND BANNERS The signs are not a part of this approval, and will need to be approved through a separate amhitectural and site approval application. Also, the banners originally proposed on the building have been eliminated. Enclosures: Model Resolution Exhibit A- Excerpt from Conditions of Approval for 6-U-O0 Exhibit B - Photograph of material board (original will be available at meeting) Exhibit C - Letter from Larry Cannon Exhibit D - Seating wall planter details Plan Set Submitted by: Vera Gil, Senior Planner Approved by: Steve Piasecki, Director of Community Deveiopmen~ G:plannlng/pdreport/pcJpc14asa01 Plannin$ Commission Minum ~ EXHIBIT C June 25, 2001 Mr. Ralph Saviano, Via Builders, clarified that the bulk of the dirt movement wason the flat pad, above the house and where the mad alignment is. He said a retalnir and a cut was made some 50 or 60 years ago, and when the buildings were removed, a 6 break existed in the dirt, which is where much of the fill will go. Ho illustrated the area part of the driveway was realigned. Relative to the debris flow up above, high berm was recommended to steer anything that could go toward the house. He said :lesign was put together, the idea was to screen it from the street, and to provide and also not to be excessive in size, anc~ stay away from a pt~entious look. with a colonial type house and remain consistent with earth tones with the co[or and __ guidelines for the stepping back the first floor. He said there were no plans for a the street; and he noted that after speaking with the city engineer, they were breaking the wall, which was currently $ foot 5 inches tall, into two and making stepping it. Mr. Mike Fuller, Public Works, said that the street im were installed with the previous development, and the applicant is required to pay a fee for those improvements. He said there would be some the public right-of-way which include the drivewa~ and a drainage swale along the but the street is improved; there is not going to be a formal curb gutter sidewalk.. Chairperson Kwok opened the meeting for comment; there was no one present who wished to speak. The public hearing was closed. Relative to the leach field, what would happen in the future if there were a surfacing of the effluent. Ms. Eileen Murray, Counsel, said that there are several kinds of engineered systems; the homeowner be obligated to put in an engineered system, either pumping system or a Iow flow or a multi-pipe below surface leach field, depending on the geology Of the area. She ' would likely go with a standard septic system. If it fails, they would be put in the appropriate engincered system. Ms. Wordell the record to show the setback as re-measured was 100 feet, not 400 feel · MOTION: ~pprove the model resolution for )3-EXC-01 ~ ' SECOND: Com. Chen Com. Auerbach VOTE: Passed 4-0-0 Com. Corr moved to approve Application 05-EA-01 SECOND: Com. Patnoe ~ SENT: Com. Auerbsoh TE: Passed 4-0-0 ·. 4. Application No.: 14-ASA-00 Applicant: Stevens Creek Apa~h.ents (Verona) Location: Lot 1, Tract 7953, Cupertino City Center Planning Commission Minutes 4 June 25, 2001 Amhitectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment building. Postponed from Planning Commission meeting of June l I, 2001 Planning Commission decision.final unless appealed Staff nresantation: The video presentation reviewed the application for architectural and site approval for lighting, color, materials, landscaping and other features of an approved apartment building, Staff recommends approval for the design details for the apartment project; Planning Commission decision will be considered final. Ms. Vera Gil, Senior Planner, reported that they were addressing the architectural details for the apashuant complex which is being built along with the Kimpton Hotel. She reviewed the building materials and color board, and noted that one major component studied was the limestone plaster proposed for the base of the building. The conditions of approval for the apartment complan called for .high quality tile; and she noted it was not tile, but resembled stone placed on the building. She noted that one area of concern was the retail; as proposed, each individual .retail establishment does not have its own.personality, which is included in the conditions of approval that if there are some minor modifications to the retail storofront, staff will have the ability to go back and approve it at a staff level rather than bring itto the Planning Commission. However, if substantial, the application would be presented to the Planning Commission. She noted another area of concern were tho window frames, as the conditions of approval call for three inch insets on the window frames. The applicant would like to have it amended to two inches for construction purpo'scs. She noted that staff also looked at thc roof overhang to make sure that they adequately conceal the rafters and reef joists, and felt it was taken care of. Ms. Gil said that staff has requested that the applicant return with additional choices for roofing materiai,' as it should bc clay-like and they felt it does not presently meet that requirement. The condition of approval states that it can be approved at a staff level prior to the issuance of the building permit. Thc trellises were reviewed in detail by the city's design consultant Larry Cannon who had concerns that the top members of the trellises did not look substantial in comparison to the supporting beams. A resolution was reached with larry Cannon and the architect so that the upper trellis members would be more substantial and will nut look small in comparison to the other'supports. Other minor architectural changes will be reviewed by the applicant, and staff would lika to approve those at the staff level prior to the issuance of the building permit. Tho landscape plan shown in the report is for both podium and lower level for the main area. The accent planters and many of the light :tinctures proposed for the area ara the same as used in the Kimpton GrOup hotel and staff is comfortable with those. Tho planter seating area is shown and also meets with staff approval. Bicycle parking was reviewed and met all ordinance requirements; staff will review pede~.rian pathways and finalize prior to the issuance of the'building permit. Ms..Gil noted that staffwas concerned about the railing colors and awnings; and the applicant chose colors which staff fools complement the colors chosen by tho Kimpton group. The signs and banners are not being discussed, as tho applicant would like the opportunity to work with the entire area and reti~m with a moro detailed sign program for review at a later date. Staff recommends approval with modifications made to tho model resolution. -. Mr. Don Bragg, Promethius, said relative to the window frames, at the time of the condition of approval their concept was that the windows bo recessed, as they felt it was a marquis building and they remain committed to providing that level of articulation. He said they would prefer to usc Plannin§ Commission Minutes s June 2~, 2001 2 inch insets, and create the reveal by using 2X4 and 2X6 construction as opposed to having to create a number of ribbed studs or wasting building material, but to use materials that are readily available. Mr. Bragff reported that in most architectural features, recessed openings occur in specialized ar~as, and in this particular project it is each window, which is their reason for requesting the 2 inch insets. He said they were committed to the recessing, and areasking that it be viewed on a more pragmatic I~vel and allow use of the conventional framing members to provide the articulation throughout the building. Relative to the roofing materials, he said that they would work with the materials used for the Kimpton group, so that both projects would speak to each other in that fashion. Fie said they shared staff~s concerns ~bout how the lighting would affect the building residents, and would work with staff to ensure that there was no glare that would adversely affect the residents. He pointed out that relative to lighting the building in the evening, it was their goal to create vitality in the downtown area, and they felt lighting the building architecturally and enhancing it in the evening was an important aspect. - Mr. Bragg reported that although the signage was not part of the topic for the retail area, it contributes to anhancing the individuality and the celebration of a retail area, and they are working with an excellent group to bring back a package that will help address some of the concerns about the retail area. He noted that the plate would include seating areas and dining umbrellas to create a festive'atmosphere in the plAT~ area. He said that the landscape architect would address solutions to create more tree screening in the area for the retail. Mr. Chuck Tang, McLarand Vasquez, Emsick & Partner, highlighted the items they. addressed relative to the conditions of approval and staff comments. Relative to creating more interest on the retail edge, ho reviewed their proposal to create a base element of enhane.~l limestone plaster finish, in lieu of stone tile. He said the limestone plaster with mimicking stone finish, could be cut in different dimensions; and could be presented similar to a large slab in lieu of 12X12 or 18X I 8 tiles. Mr. Tang noted that the signage is important and is an enhancement to the retail. He illuat~,~ted the level of detail on the building, with substantial corners and trim conditions, and the three inch recessed condition, which they preferred to be. two inches as the more optimal condition. Mr. Tang indicated they were also working to clarify the detail of the trellises and the columns. Discussions with Larry Cannon resulted in going to a 3X3 condition or 3X3 tube conditions to create the more substantial member. On the lower rise portion they may go to a typical 2X4 condition in the small member~ in order to get the small member to be more substantial. He also illustrated the transitional member and fiberglass column which is common on the entire building. Also another clarification is the recesses in the retail storefront; and the layering is creating more offsets in the retail conditions. He noted a substantial difference in the base from What was proposed before, with many more articulations, a lot more ups and downs of the base elements, so that the building is not sitting on a pancake condition. Also as an enhancement to not only the retail edge, but also creating additional enhancement on the fagade of the portecochere area, they are using a similar type of limestone plaster finish to enhance the porte cochere area as a major entry and a major pedestrian point of access. Mr. Tang illustrated the bike parking area with 80+ stalls within, a chain link fence enclosure within a secure area of the parking garage, giving nc~:~ss to tenants living in the project. Fie illush~sted a comparison of elevations, noting the modifications made to arrive at a more appropriate scale in terms of beginning the transition to the high rise portion of the project. P~ferring to the lighting, he said that it was their intent to come back to the architectural idea of creating a stately building, and partly to create highlighting on the building in areas he pointed out. Also their desire is to create a sot~ glow from the balcony condition that becomes a signature to the building as well. He said they were working with Planning Commission Minutes 6 June 25, 2001 Guzzardo and Associates and also the hotel side to create a consistent pedestrian lighting amenity. Mr. Tang pointed out the transitional element back toward the city center which is the octagonal tower, somewhat of a signature there as a transition to the interior of the project. He illustrated additional lighting enhancements throughout the project and answered questions. Mr. Paul Latieti, Guzzardo Partnership, landscape architects, illustrated the ongrade landscape, podium landscape, seatwalls, and hedge planting. He noted the screen planting, with the pattern · of shrub planting along the back, incorporating the transformers and allowing for screening without deviating from the remainder of the plant pallets. The existing fountain and brick paving will be replaced with the same brick now in place, and hedge planting along Stevens Creek Boulevard will continue. He noted the location of the hedge and the existing pear trees, fountain, and raised planters, and pointed out where they were reluctant to plant trees because of existing utilities, retailers' aversion to large trees in front of their retail space, and shading space where it was not needed. Umbrellas will also be used in certain areas and would add vitality to the space. Com. Con' voiced concern that the lighting fixtures would glare directly into the street. He also voiced concern relating to the landscape (LI.6) and questioned how they would address the' issue of the seatwalls and the atUavfion of the seatwalls to inline skaters and skateboarders. Mr. Tang explained that in order to remedy the glare, the angle of the deflector on the light needed to be more vertical than horizontal, 'and an adjustment would prevent the light from filtering into the unit. He pointed out that they were proposing to put it on the comer so that it is not literally directly in front of the windows to minimize the glare into thc unit itself. Mr. Tang noted that the wall sconce itself has a translucent material and gives off a glow in the evening and is not a spotlight. Relative to the issue of the skaters and skateboarders, he said that they were not proposing to put skate stops on the seatwalls, which would be an after-market solution. He' noted that one side would be planted, and with furniture in the sPaCes, and retailers in close proximity, he felt the lure to the skaters and skateboarders would be minimal. Mr. Bragg added that the onsite management was excellent and the retail area would have tenants open every day and during the evening, and he felt there would be enough monitoring and presence to discourage use by skaters and skateboarders. Ms. Gil reported that Larry Cannon was concerned that the trellises were metal and the vines may bum because of the heat'on the metal. She noted because oftbe fire requirements, changes could not be mede, and the metal was the best solution. Com. Patnoe expressed concern to Mr. Bragg that the lighting situation was similar to that when Kimpton wanted to light the top of their crown and a timer used. He questioned whether a timer would be used, and if they would be working with the neighbors on the timing of the lights. He said he .was opposed to the occurrence cfa light being offfor one hour and having another light go on; and also expressed his concern about his analogy of the Luxor Hotel in Las Vegas, where miles away lights could be seen shooting straight up. Com. Patnoe also referred to the red tile roof on the gas station and accounting fu'm across the street, and questioned if there were plan.i to match the color of the ap~u~,uent building and then the hotel. Mr. Steve Piasecki, Community Development Director, said that relative to the tile, the condition of approval speaks to the authentic clay tile or something With a similar look and staffwill look at the Kimpton tile, which was an effort to simulate authentic clay tile. He said it may be an acceptable substitute for the old fashioned clay material which is difficult and cracks and has a Planning Commission Minutes 7 June 25, 2001 number of other issues. Hc said he was not certain what material was used across the street, and whether it'was important that every one match exactly; but that they need to be in the samefamily of colors and use the terra cotta look and feel because that is the style for the corner. Mr. BragS assured staffend the Planning Commission that it wan not their intent to have excessive lighting, nor to resemble the Luxor Hotel. He said they were sensitive to impacts of lighting on the apartment residents,'while making a commi~nent to the city to create vitality in the area. They were earnestly working to coordinate with the Kimpton hotel across the beard as part of the Cupertino City Center community, and would be working with an expert consultant in the area to ensure that the concerns are addressed. Com. Chen thanked staff for the excellent report and thanked the applicants for addressing much of staff's concerns in the report. She anked what kind of retail stores were expressing an interest, and what level of control the city had in selecting the type of retail stores. Mr. Bragg indicated that they did not yet have written contracts, but were primarily looking at food related shops, restaurants, delis, and coffee shops, with the goal to bring in the highest quali~ tenants that would generate heavy traff~c. In response to Chair Kwok's question about change in overall height since the approval a year ago, Ms. Gil said that there were some reductions in building height, but not increases. Mr. Tang said that it wan their intent to conform to the approved height. He answered questions relative to lighting, and said their intent was to keep the color of the lighting very neutral and not'createa lot of purples, reds end l~ens. Mr. Pianecki noted that the condition wording wan specific; that the Planning Commission would review, decide the following; and then states "window frames to be a minimum three inches in depth" which would imply that they need to come back end amend that condition; and there would then be discussion about whether it is good, bad or indifferent at that time, and that is cumbersome. He said it was unfortunate that if that was their desire that it did not get written up that way in the beginning. However, it is, and they would have to come hack and seek an amendment to that condition. Mr. Pianecki asked if there were seat walls or somewhere to sit in the podium courtyard space to enjoy the fountain. Mr. Bragg responded that the planter walls are raised all around the fountain; and the partial circle has a seat wall and bench as well, creating a formal and informal way of sitting there~ Chair Kwok opened the meeting for public input;, there was no one present who wished to speak. MOTION: Com. Patnoe moved to approve Application' 14-ASA-01 With modifications, and to remove the window indentation issue for discussion at a later date SECOND: Com, Chert ABSENT: Com. Auerbach VOTE: .Passed 4-0-0 OLn BUSINESS:. I~W.BUS~ None EXHIBIT D JUL - 3 2001 .Monday, July 2, 2001 City Clerk Kim Smith, Subjocfi Appeal of Planning Commission Approval of Application 14-ASA-01 approving RESOLUTION 6095 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARcI-nTECTURAL AND SITE REVIEW FOR LIGHTING, COLOR, MATERIALS, LANDSCAPING AND OTHER DF. SIGN FEATURES OF AN APPROVED APARTM~ BUILDING AT CUPERTINO CITY CENTER' I wish to appeal the approval of Application 14-ASA-01 by the Planning Commission. The changes ~eflected in the drawings for this application went far beyond the minor cosmetic changes thai were envisioned when thl~ matter was referred to the Planning Commission by the City Council. For one particular change of major significance the Stevens Creek Boulevard entrance was sealed off from the street with doors. This change was in direct conflict with stated Council direction. It is requested that staff review current drawings in comparison with those approved by the Council and restore the buildings to the approved configuration. Don Bumett . cc: Dave Knapp, Steve Piasecki,, Mayor and Council, Planning Commission EXHIBIT E October 15, 2001 Cupertino City Council Page 2 DRAFT Staff present: Acting City lVl~er Carol Atwood, ~ommunity Development Director Steve Piasccki, Parks and Recm~h Director Therese ,~mo~osi Smitl~ Public Works Director Ralph Q~_~!ls, Public Informafi/od Officer Rick Kitson, Senior Planner?era Oil, Senior Plnnner Colin Sung, City Attom~/Cl~arles Kilian, and City Clerk Kimberly Smith. CEREMONI~ MATTERS - PRESENTATIONS - None. POSTPONEM~.NTS Item number 14, Stevens Creek Apartments (Verona), was continued to November 19, 2001. WRITTEN COMMUNICATIONS A fax was received from Prometheus, I 5. ORAL COMMUNICATIONS - None CONSENT CALENDAR Chnng moved to approve the items on the Consent with the exception of Nos. 5 and 10, which were pulled Bumett seconded and the motion carried 4- 0. ' 2. Approval of minutes, September 19 ~ October 1. 3. Treasurer's 4. Accounts Payable, and October 5, Resolution Nos. 01-217 and 01-218. 6. of Mount Umunhum, Resolution No. 01-220. 7. Annexation: Setting for consideration of reorganization of area designated "Creston Drive 01-06", located on the north side'of Creston Drive between Baxter Avenue and Drive; approximately 0.245 acre, Lira (APN 326-11-006), ResolutiOn No. 8. Wang and Annie Wang, 11631 Upland Way, APN 366- 03-011, .. 9. of improvements (may include grading, street improvements on site and off- site [ .: C-anick H. Lee, 18871 Arata Way, APN 375-12-036; David Y. F. ' H. C. Perng, 19327 Calle de Barcelona, APN 375-04-006; Maximo & Beatrice 1248 Weymouth Dr., APN 362-10-006. (No documentation in packet) 11. Approving contract change order No. 1, Foothill & Boulevard Overlay Project, DeSilva-Crates Con~tr~ction, -224. Vote Members of the City Council AYES: Burnett, Cban8 NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM TUg. (above) 5. Payroll, September 28, 01-219. The item was tabled since it had ~ been adopted at the meeting of October 1,2001. 10. AuthoriT~tion of the Director ~ comt~acfiun contract for the Street Widening Project for County Park Entrance, ProjactNo. 98-E ~ to the low bidder in an amount not to exceed $913,000.00, Resolution No. 01-223. The dollar amount to read, "$950,000.00." Bumett moved to item as amended. Chang seconded and the motion carried 4-0. 12. Ordering. of a Roadway Easement, Tract 9335- Wallin Court, Resolution No. 01-225. Mayor opened the public hearing. No testimony was heard and the public hearing Bumett moved to adopt Resolution No. 01-225. Lowenthal seconded and the ~ carried 4-0. 13. Vacation of a Public Utility Easement, Maxlmo Perez, 1248 Weymouth DHve, 362-10-063, Resolution No. 01-226. Mayor Samas opened the public hearing. No testimony was heard and the public headn__g was closed. Burnett moved to adopt Resolution No. 01-226. Lowenthal seconded and the motion carded 4-0. 14. Appeal of Plauning Commission approval of Application No. 14-ASA-01, regarding architectural and site approval for lighting, color, materials, landscaping and other design features of an approved apartment building at Lot 1, Tract 7953, Cupertino City Center (APN 369-01-029). Tho Applicant is the Stevens Cr~k Aparlments (Verona). The appeal was filed by Councilmemher Don Bumett. The item was continued to November 19, 2001, at the request of Prometheus, the applicant. 15. General Plan amendment for revisions to the Housing Element and that may be affected by housing policies, Resolution No. 01-227. 04- (}PA-01 (12-EA-01); the applicant is the City of Cupertino and is citywide. A mitigated Negative Declaration is recommended, and this recommended for Senior Planner Vera C-il .made a PowerPoint presentation, the purpose of thc Housing Element, described the Regions1 need allocation and thc adjustments to the regional need. She reviewed the of the Housing Element, highlighted the new portions of the Housing discussed the information in a fax from Prometheus dated October 12, 2001. The new porti°ns of the Housing 1) Update of the residenti_s! goals by p~ann;nS district; 2) Update of the sections land use element for conformance; 3) Evaluation of whether to provide for an additional 500 units; 4) Update to the study to evaluate housing __ 5) Raising of the Below Market Rate (BMR) percentage from 10% to Lpplications on the jobs/housing balance. The concerus in the letter included: 1) The prOposed increase in the inclusionary BMR 10% to 15%; 2) The need to modify the current affordable housing levels the BMR ordinance; 3) The need for the BMR requirements to apply to increment development; 4) The need to increase the densit~ allocation. . .. Karen Jacobsen, Oak, said she was against Mg houses and encouraged people to the ecological reasons behind not allowing big houses to be built. She the loss of natural resources, problems with flooding due to lack of surface area to absorb, and problems with replenishing the Underground water supply. Dennis 20622 Cheryl Drive, said that he thought the request from the Area Governments (ABAG), regarding the m~mber of homing units that was required to build, was unfair. He cited concerns about additional and drains on the local schools and utilities. He said that the figures using were outdated and that the economy had taken a downturn since then. discussed a revised draft of the Review of the 1993 Housing Element, which'he table format for clarity of reading. 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. ~ AGENDA DATE November I c). 2001 SUMMARY: REZONING from RI-10 to P(RES), USE PERMIT to demolish an existing house and construct 9 single-family townhomcs, and a TENTATIVE MAP to subdivide a 1.04-acre parcel into 9 townhome lots and 1 common lot ( Exhibit A & B). RECOMMENDATION: At its September 10, 2001 meeting, the Planning Commission recommended approval of.' 1. Negative Declaration, file no. 14-EA-01, on a 5-0 vote, 2. Rezoning, file no. 06-Z-01, on a 4-1 vote (Kwok no), 3. Tentative Map, file no. 03-TM-01, on a 4-1 vote (Kwok no), and 4. Use Pc,uit, file no. 0g-U-01, on a 4-1 vote (Kwok no) per the model resolutions. Staff recommends approval of the revised 9-unit townhouse plan, with the Council taking the following actions: a) Approve the Negative Declaration, file no. 14-EA-01, b) Approve the Rezoning, file no. 06-Z-01, c) Approve the Use Pe.uilg file no. 0g-U-01, with the revised site plan exhibits, and d) Approve thc Tentative map, file no. 03-TM-01. If the City Council prefers the g-unit townhonse plan, it should follow the same sequence of recommended actions with the exception of continuing the Tenative Map to allow the applicant sufficient time to revise the map prior to adoption. PROJECT DATA: Note: Revised 9-unit project data in boldface italics Application Nos.: 06-Z-01, 05-U-01, 03-TM-01 (14-EA-01) Appliennt: P~Z Development Property Owner: RSrZ Development Property Location: 20075 DePalma Lane Project Data: General Plan Designation: Med./Low. Density Residential 5-10 d.u,/gr.ac, Existing Zoning Designation: RI-10 Proposed Zoning Designation: P(RES) Gross Acres: 1.18 acre (51,202 sqnare feet) Net Acres: 1.04 acre (45,200 square feet) Residential: Dwelling units: 9 Unit type: attached units Site density: 8.65 d.u./gr, ac. Building Area: 21,901 square feet (revised: 20,603 sq.fL) Site FAR: 48.5% (revised: 45.6%) Parking ratio: 4 spaces per dwelling Stories/Height: 2 stories/29' 4" Coverages: Buildings: 31% (revised: 29%) Driveway & Parking: 22% Walkways: 1% Landscaping & Pathway: 46% (revised: 48%) Front Setback: First 'Story Second Story Rodrigues Ave: 22 feet (rev. 23ft,) 30 feet Regnart Creek: 15 feet (rev. 17ft.) 21 feet Side Setback: First Story Second Story East Side: 7 & 12 feet (rev.9,13 & 14fL) 20, 23 & 30 ft. (22,25 & 31ft.) West Side: 25 feet min.(rev. 29ft. min.) 36 feet min. (36feet min.) Project Consistency with: General Plan yes Zoning n/a Environmental Assessment: Negative Declaration BACKGROUND: Previous Council Meeting: On October 1, 2001, the City Council heard this project, which was recommended for approval by the Planning Commission on a 4-1 vote (Kwok nay). Six adjacent residents spoke against the project. Their objections included concerns about tralTlc, density, building mass, and loss of privacy due to the publicly accessible pathway between Regnart Creek and Rodrigues Avenue, and a pathway along Regnart Creek. Some also questioned why a rezoning was needed. Staff responded that the rczoning was a necessary part of the development application, and the current zoning designation of RI-10 (Single-family Residential with a minimum lot size of 10,000 square feet) was not consistent with the general plan land use designation of Med./Low Density Residential 5-10 d.u./gr. Ac. EXHIBIT F FOUNT~ F~ ~ I PROPOSED HOTEL SITE i / x r-- I PRIVATE STREET ~ ~A ~T~ +244.0 FI. JO0~ PLAN i,NTA 'l~lm ~ (~AF)' .... ~-m-~ ~ ,,,... ~' · - - -~Nl{~llllmr-~-- ~-~1 ~m,~m m~- - - m . .-. "-~ ~: ~:~ g, ..: ~~~ hm~~m ~~:.:.: :.: -- - -.~ ~- ~-~-~--: :~ ~ :~ ~:~_~' ~'~ ~.mm ::: :': ..... -) ~ ~- ~-~-~~ ~ -m~-~ ~'~ ~:~ ~:~'::: :':_. ,. ......... 1 ........................................ ~ .... ~.-~.-~-.- ..... ~ .......... ~ ~ .... ~'m-~- n'~'~ -- ................... ~ _~.~ .... ffi · ................................... .................. · - -~'-~~ffi~-~-'~-'--~--~-rM-'-- - ............. ~.~_~_~_~_~__~ ~ - ~.~: - -~_:. - ~:.:.: .---. _.-_~ . 1 MIDqlSE EAST m ~'VATION - 05-15-00 FOUR ~F. AEOhl8 PARK mm=VATION - 10-12--01 · ':--:~~_~~!t ..... ~::_ ~'~ .~- -~ -~ ~ ~- ~ ~~- ~ ............... _- ~ ....... ~'~ ...... ~ ~'~-I .......... ' ....... "-KI ........................................ ~ , , , FOUR 8F. ASON8 PARK Et. EVA'T1ON ~ GOURTYAFID) - 10-12-01 80UTI-I R FVA'RON - 05-1~-00 ,~ ~ ,~ ~c ~.,~?_,~. ~_ __=_~ ....... ;' ~;_~:-~ --~-~' - ~-~ ~--'~--~ -~~.~~~~~~~ ~-~. ~ -- j ~: ..... =t= =~ ii ~m ='~ ~--.: :': :,K? i~ ~:::---~.~--~~ ~ ~. ~ ~ ~-~ ..... ~. ~ ~a~ ~'~ ................ "" ;, ,i ~ ~ I '~, --' -. ..................................................... ~ · EXHIBIT G '""'"' ~ -- .. __l Verona Prometheus Real Estate Group, Inc. At C.~.oa~~-C.~o, Cdfo~ McLarand Vasquez Emsiek & Partners Enlarged Retail Plan & Elevation Verona ]Prometheus Real Estate Group, Inc. At Cupertino City Center- Cupertino, C~lifornia McLarand Vasquez Emsiek & Partners Enlarged Retail Plan & Elevation Verona Prometheus Real Estate Group, Inc. At Cupertino City C~nter- Cupm'tino. California McLarand Vasquez Emsiek & Partners Verona Prometheus Real Estate Group, Inc. st c~.i~o c~ty c~t~r, c~-.i~ c~aro~McLarand Vasqucz Emsiek & Partners East Courtyard Elevation Verona Prometheus Real Estate Group, Inc. At Cupertino City C~nt~r. Cupertino, California McLarand Vasquez Emsiek & Partners East Tower Elevation ...... "" "" m ~' "~... m '~:-~. --..~_.. _:m~"'..~. ~. ~ · ' -'~ m~ ~ .~ ~ ~'~ '~.. ... ..... .. . ,. :n".'~n ~ ~.-5 ~ ~ ~. ~ ........ ~..~ .~ Color Blocking South Street Elevation Verona Prometheus Real Estate Group, Inc. At CuperUno City Con~. Cup.ho. O~ror~ia McLarand Vasquez Emsiek & Partners Color Blocking North Courtyard Elevation ~_ West Courtyard Elevation Color Blocking Color Blocking Verona Prometheus Real Estate Group, Inc. At cupertino city C~nter-Cupertino, California McLarand Vasquez Emsick & Partners RODRIGUES & DE PALM~ LANE ~X ~ J ' .L~ITBJ~OT2 Councilmember Chang thought the project was too dense and that a smaller project with one or two fewer units would fit into the neighborhood better. Councilmembers Bumett and Lowenthal both supported the project, although they had reservations about the density and the amount of paved area. They cited the need tbr more housing in the community, and the development of attached housing as a means of getting more affordable housing in the community. Couneilmember Burnett felt the project design blended well with the existing housing and Councilmember Lowenthal liked the trail and connection. Mayor James felt the interests of the neighbors and applicant were not that different, and she proposed that staff work with the applicant and neighbors and try to bring back a design that was acceptable to everyone. The minutes of the October 1st Council Meeting are included (Exhibit D). Neighborhood Meeting: City staff sent out meeting notices to every property owner within a 500-foot radius of the project site. Staff, the applicant(s) and 15 neighbors participated in the October 30th meeting held at City Hall. Staff did a detailed presentation of the applicant's development, proposal to make sure the neighbors understood the project. The applicant then presented four conceptual development scenarios the first three: A, B & C based on Council comments, and the fourth, "D" based on neighborhood input gathered before the meeting (Exhibit E). Scenario A: The size of the interior units were reduced to increase the setback of the parking spaces from 10 feet to 15 feet, and the pathway from 2.5 feet to 7.5 feet respectively from the adjacent residence to the west. With a greater setback in this area, a more generous landscape buffer can be created. Scenario B: All of the units are reduced in size, which allows a greater side setback on the east side (7 feet to 8 feet), as well as the wider west setback described in Scenario A. Scenario C: The westerly interior unit was dropped and the remaining interior units were increased in size. This redesign increases the parking stall setback to at least 20 tbet, and the side trail westerly setback to 12.5+ feet. Also the parking was moved away from. the west property line to the east side of the private driveway. Scenario D: Is a conceptual small lot, single-family detached layout based on neighbor input conveyed to the developer. This subdivision design is a 6-1ot, single-family detached residential development, using 6,000 square-foot minimum lot sizes. The cul- de-sac would be a private street since it is narrower than public street standards. Some residents suggested that the residences have not more than 2,000 square feet of living space. When a garage is added, the floor-to-area ratio will be about 41% for each lot. The pathway to Regnart Creek and the Regnart Creek trail segment would be eliminated. Of the residents who commented on the Scenarios, most preferred Scenario D because there were fewer dwellings, the dwellings were detached, and there was no trail. The neighbors on Las Ondas Way favored the project. An adjacent neighbor also supported the project, but did not like the trail. Most of those that spoke felt that Scenarios A, B & C were not significantly different from the applicant's original proposal and they did not favor them. The applicant said the 6-unit scenario D was not financially feasible. He t~lt the concept would have smaller building setbacks than the traditional single-family subdivision, and would result in far more expensive housing. The attached petition (Exhibit F), requested a continuance of the Council hearing on the project for further neighborhood review. Staff stated any continuance would have to be authorized by the applicant or the City Council. Given the wide gap in interests between the neighbors and the applicant, staff felt a hearing continuance would be unproductive since the parties were unlikely to reach a consensus opinion. The applicant declined to continue the hearing on his project and wanted to proceed on November 19th. DISCUSSION: Applicant's Revised Proposal: For this City Council hearing the applicant has revised his original proposal and offers two options: a) 9-unit Scenario: This is the revision preferred by the applicant. All of the units have been shrunk proportionally to increase the project setbacks on all sides. The FAR is reduced from 48.5% to 45.6% Surface parking closest to the westerly residence was relocated to other areas, and all of the open parking that is not part of a driveway is put into a "grasscells", which reduces the amount of paved surfaces (See the colored and uncolored site plans labeled "S" in the plan set.) The project architecture remains the same. b) 8-unit Scenario: In this revision, the applicant has dropped the westernmost interior unit (unit C) and increased the size of the remaining interior units by about 420 square feet each to partially compensate for the value loss when the unit was dropped. Path and surface parking setback from the adjacent westerly residences is increased even more than the 9-unit plan. The FAR is 44.5%. The applicant also uses the grasscells in the open parking stalls. The project architecture remains the same; however the two remaining interior units (units C) will be longer. The 8-unit site plan is a separate enclosure. The applicant prepared the enclosed project chronology and submitted the sample correspondence (Exhibit G) to demonstrate his efforts to address neighborhood concerns. Analysis: The proposed revisions are positive additions to the project. The 9-unit, smaller-size townhouse project provides greater side setbacks, particularly on the western boundary. The sure, tee parking and pedestrian pathway has been pulled back from the property line so a more generous and effective landscape buffer can be planted along this fence. The parking closest to the adjacent westerly neighbor has been relocated to another part of the site, reducing the intrusion on this neighbor. Surface parking stalls will be covered with grasscells, rather than asphalt, which will increase the stormwater permability of the site and its landscaped appearance. Paver accents have also been added to break up the appearance of the asphalt driveway. The 8-unit site plan offers the sanae positive additions with an even wider pathway and parking stall setback l~om the westerly property line. However, the mass of the 8-unit project with a FAR of 44.5% is only 1.1% FAR greater than the 9-unit project with a FAR of 45.6%. Staff believes the 9-unit plan will provide more affordable, unifoi~ifity smaller townhouse units, adequate trail and parking setbacks and a negligible increase in square footage compared to the 8-unit plan. Enclosures: Planning Commission Resolution Nos. 6104, 6105, 6106 Ordinance No. 1889 Exhibit A: Planning Commission Staff Report dated 9/10/01 Exhibit B: Planning Commission meeting minutes dated 9/10/01 Exhibit C: City Council Staff Report dated 10/1/01 Exhibit D: City Council Meeting Minutes dated 10/1/01 Exhibit E: Site Design Scenarios A through D presented at neighborhood meeting Exhibit F: Petition Exhibit G: Project Chronology and Sample Correspondence Prepared by Applicant Plan Set Prepared by: Colin Jung, Senior Planner Submit..~d by: ?~ Approved by: Steve Piasecki . app Director of Community Development City Manager g:plarming/pdreport/ce/cc08u01 a 08-U-0! CITY OF CUPERTINO 10300 Totre Avenne Cupertino, California 95014 RESOLUTION NO. 6104 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOlvlMENDING APPROVAL OF A USE PERMIT TO DEMOLISH AN EXISTING SINGLE-FAIrLY RESIDENCE AND CONSTRUCT NINE SINGLE-FAMILY TOWNHOUSES ON 1.04 NET ACRES AT 20075 DE PALMA LANE SECTION I: FINDINGS WHEREAS, the Plmmlng Commission of the City of Cupertino received an application for a Use Pe,,~it, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof requke, d 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 we~, or convellience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the fi~dlngs and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. 0g-U-01 as set forth in the Minutes of the Planning Commission Meeting of September 10, 2001, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 0g-U-01 and 14-EA-01 Applicant: P~Z Development Location: 20075 De Palma Lane Resolution No. 6104 0S-U-01 Septem~ 10, 2001 Pa~e -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXtHHITS The approval is based on exhibits tiffed: "CAMPO de LOZANO: Between Rodrigues Avenue and 20075 De Palina Lane, Cupertino, California" consisting of 18 pages labeled: C, A, Site Plan, S, elevations, 1 through ll, and L, dated July 2001, except as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTI~R EXACTIONS The. Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pur~mqt to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. HOUSING MITIGATION REOUIREMENTS The applicant shall comply with the requirements of the Housing Mitigation Manual. 4. BEST MANAGEMENT PRACTICES Utilize Best ManAgement Practices (BMP's), as required by the State Water Resources Control Board, for conat~action activity which disturbs soil. 5. COVENANT REGARDING PEDESTRIAN PATItV~AY EASEMENT · The developer shall record a covenant on each lot to be sold or leased, informing future lot purchasers or renters of the existence of the pedestrian pathway easement in the area. 6. DEMOLITION REOUIREMENT All existing structures on the site shall be removed prior to or concurrently with project consUucfion. The developer shall assume the' responsibility to obtain all required demolition permits in accordonce with City Ordinances. The applicant shall agree to site inspection by the Cupertino Historical Society if requested by the City. 7. TREE PROTECTION The applicant is required to retain trees numbered 467, 468, 469 and 481 as identified in the.arborist report tiffed: "Tree Survey for the Trees Located ~20075 De Palina Lane, Cupertino, California", prepared by Tree Health Professionals, Inc. and dated July 31, 2001. The remaining trees may be removed without further permits from the .City of Cupertino. The retained trees are required to be protected until natural death. A bond in the amount of $10,000 per tree, for a maximum of $40,000 · shall be placed to assure max_im~rn protection of said trees, during construction. Resolution No. 6104 0S-U-01 September 10, 2001 Page -3- The tree protection methods outlined in the aforementioned arborist report shall be completed by the contracting arborist. If no signs of damage or ill health due to construction activities are identified the bond shall be released. If the tree(s) is irreversibly damaged the bond shall be held and applied to the installation of the largest replacement tree. on the site as recommended by the Internationally Certified Arborist. If the tree can be repaired by an Internationally Certified Arborist the bond or a portion thereof shall be applied to its l~mir. The bond may be released following issuance of the occupancy permit and after written confirmation by the contracted internationally certified arborist that the lrees are healthy. The bond shall be forfeited if the health of the trees is compromised. The applicant shsll provide staff with a copy of the contract between the applicant and an internationally certified arborist. This contract shall specify the methods to assure compliance with the July 31, 2001 arborist report. The contract may include periodic site visits, review of conshaction drawings, and recommendations on alternative construction methods for maximum tree preservation. S~.CTION IV: CONDITIONS ADMINISTERED By THE PUBLIC WORKS DEPARTMENT 8. STREET WIDENING Street widening, iml0rovements and dedications shall be provided in accordsnce with City Standards and specifications and as required by the City Engineer. 9. ctr GUTTER XM?ROWM ivrS Curbs and gutters, sidewalks and related strUctures shall be installed in accordance with grades and standards as specified by the City Engineer. 10. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City En~neer. Lighting fixtures shall he positioned so as to preclude glare and other fonu~ 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. 11. FIRE HYDRANT Fire hydrants shall be located as rexlu/red by the City. 12. TRAI~IC SIGNS Traffic control sips shall be placed at locations sp~ified by the City. 13. STREET TREES Street trees shall be planted within the Public Right of Way end shAH be of a type approved by the City in accordance with Ordinance No. 125. Resolution No. 6104 0S-U-01 '" September 10, 2001 Page -4- 14. GRADING C~rading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino M~micipal Code. 401 Certifications and 404 permits may be required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 15. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-I, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City sto~us drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 16. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 17. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 15. IMPROVEMENT AGREEME~NT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees'for undergrounding of utilities. Said agreement shall be executed prior to iss~a_uce of construction permits. Fees: a. Checking& Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,268.00 minimum b. Cymding Pe~nlit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $3,000.00 d. Stetro Drainage Fee: $1,596.75 e. Power Cost: ** f. Map Checking Fees: $546.25 g. Park Fees: $64,350 h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC. Resolution No. 6104 o8-u-o September 10, 200 Fag -5- Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site hnprovements b. Labor & Material Bond: 100% of Off-site and On-site Impwvements c. On-s/re C.n'ading Bond: 100% of site improvements., -The fees descr/bed 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 iss._snce 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. 19. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public sUt~t areas. 20. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 21. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. 22. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for cor~t~action activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 23. DRIVEWAY Driveways shsll confo, il~ to City ~..~.details. 24..RECORDATION OF EASEMENTS & AGREEMENTS Applicant shall record appropriate easements, and maintenance and liability agreements subject to the review and approval of the City Attorney. Resolution No. 6104 0g-U-01 September 10, 2001 Page -~- PASSED AND ADOPTED this 10th day of September 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following mil call vote: AYES: COMMISSIONERS: Corr, Patnoe, Chen and Auerbach NOES: COMMISSIONERS: Cbalrperson Kwok ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/Steve Piasecki /s/Patrick Kwok Steve Piasecki Patrick Kwok, Chair Director of Community Development Cupertino Planning Commission g:/pdr~porVres/08u01 03-TM-01 CITY OF CUPERTINO 10300 Torm Avenue Cupertino, California 95014 RESOLUTION NO. 6105 OF THE PLANNING COMMISSION OF THE CITY OF. CUPERTINO RECO~ING APPROVAL OF A TEIVrATIVE MAP TO SUBDIVIDE ONE PARCEL (45,200 SQUARE FEET) INTO 9 TOWNHOME LOTS WITH LOT SIZES RANOINO FROM 2,098 SQUARE FEET TO 3,078 SQUARE FEET, AND ONE COMMON LOT AT 20075 DE' PALMA LANE SECTION I: FINDINGS: WHEREAS, the PJ---i-S Commission of the City of Cupertino r~m. eived an application for a Tentative Subdivision Map as described in Section Il. of this Reiolution; and WHEREAS, thc necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino,'. and the Plannin~ Commission has held at least one public hearing in regard to thc application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That tho proposed subdivision map is consistent with the City of Cupertino. Gen,.Plan b) That tho design'and 'improvements of the proposed subdivisi°n are consistent with the C-eneral Plan. c) That the site is physically suitable for the type and. intensity of development Contemplated under the approved subdivision. d). That the design of tho subdivision or the pwposed impwvements are not likely to cause substantial environmental damage nor subst-ntially and unavoidable .injure f~sh and wildlife or their habitat. e) That the design'of tho subdivision'or the type of improvements associat_~J therewith are not likely to cause serious public health problem~. f) That the. design of the subdivision and its associated ~mprovements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED: Resolution No. 6105 '" 03-TM-01 sePtember I0, 2001 Page -2- That after capful conside~tion off maps, ffacts, e~MMts, te~mony ~ ~ ~e ~;~d ~ ~s m~, ~e ~pH~on 03-~-01 for a Tmmfive ~p is hmby ~v~ subje~ ~ ~e co~o~ ~ ~ ~nm~ ~ ~h ~ol~on berg on ~e 2 ~f, ~ ~ ~e ~ncl~o~ u~n ~ ~e ~ ~ ~om s~c~ed ~ ~ ~lufion ~ ~ ~d con~ ~ ~e ~Hc H~g ~ conce~ A~H~fion 03-~-01, ~ ~ fo~ ' ~ ~e ~u~s of P~g Commi~ion M~g of S~ 10, 2001, ~ ~ ~co~o~d by ~f~ce ~ ~ou~ ~y s~ fo~ ~ SECTION II: PROJECT DEscRIPTION. Application No.: 03-TM-01 (14-EA-01) Applicant: ~ Development Location: 20075 De Palma Lane SECTION llh CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVKD EXHIBITS The appwval is based on exhibits titled: "CAMPO de LOZANO: Between Rodrigues Avenue and 20075 De pnlma Lane, Cupertino, Cal/fornla" consisting of 18 pages labeled: C, 1 (Preliminary Grading Plan), and 1 (Tentative Map), dated 8/29/01, except as may be amended . by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Purs~,nnt to Government Code Section ~6020(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, purs-_snt to Government Code Section 66020(a), has begun. If you fail to file a protest'wit~in this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. HOUSING MITIGATION REQUIREmeNTS " The applicant shall comply with the requirements of the Housing Mitigation Manual. 4. BEST MANAGEMENT PRACTICES Resolution No. 6105 " ..... 03-TM-01 SePtember 10, 2001 Page -:~- Utilize Best Management Pmcrices (BMP's), as required by the State Water Resources Control Board, for construction acrivity which disturbs soil. ~. COVENANT REGARDING PEDESTRIAN'PATHWAY EASEMENT The developer shall record a covenant on each lot to be sold or leased, informing ftlttlre lot purchasers or renters of the existence of the pedes~an pathway easement in the area. 6. DEMOLITION REOUIRE~.NT All existing structures on the site shall be removed prior to or concurrently with project construction. The developer 'slmll assume the responsibility to obtain all required demolition permits in accordance with City.Ordinances. The applicant shall agree to site inspecrion by the Cup~_'-o Historical Society firequested by the City. 7. TREE PROTECTION Th~ applicant is required to retain trees Bumbled 467, 468, 469 and 481 as identified in the arbor/st report rifled: "free Survey for the Trees Located i~20075 De Palina Lane, Cupertino, California", prepared by Tree Health Professionals, Inc. and ast~cl Suly 31, 2001. The remaining trees may be removed without further tkaufits from the City of Cupertino. The retained trees are required to be protected until natural death. A bond in the amount of $10,000 per tree, for a maximum of $40,000 shall be placed to 'assure maximum protection of said trees, during constmcrion. The tree pwtection methods otlt[ined in the aforementioned arbor/st report shall be completed by the contracting arborist. If no signs of asmsge or ill health due to con~t~aCrion acfiviries are identified the bond shall be released. If the tree(s) is irreversibly damaged the bond shall be held and applied to the in.~allation of the largest replacement tree on the site as recommended by the Intemariomdly Certified Arbor/st. If the tree can be repaired by an Internario, Ally Certified - Arborist the bond or a portion, thereof shall be applied to its repair. The bond ~ay be released following iss~mnce of the occupancy pemfit and after written confhmafion by the contracted internationally certified arbor/st that the trees are healthy. The bond shsll be forfeited if the health of the trees is compromised. The applicant shall p/ovide staff with a copy of the contract between the applicant and an internationally certified arborist. This contract shall specify the methods to assure cgmpliance with the July 3!, 2001 arbor/st report. The contract may include periodic site visits, review of construction drawings, and recommendations on alternative con~iraction methods for maximum tree presentation. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 8. STREET WIDE~G Street widening, improvements and dedications shall be provided in accordance with Ci~ Standards and specificarions and as required by the City Engineer. Resolution No. 6105 03-TM-01 September 10, 2001 9. CURB AND GUTTRR IMPROVEbIRNTS Curbs and gutters, sidewalks and related shucmres shall be installed in accordance with grades and ~,,~,nts as specified by the City Engineer. 10. STRRETLIGItTING INSTALLATION Street lighting shall be installed and .~h~il 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 maxiraum height permitted by the zone in. which the site is locateii. 11. FIRE HYDRANT Fire hydrants sh~!! be located as requir~ by thc City. 12: TRAIiI~C SIGNS Traffic control signs shall be placed at locations specified by the City. 13. STRRRT TRRRS 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. 14..GRADING Grading shall be as approved and requir~ by the City Engineer in accordance with Chapter 16.08 of the Cupertino M~m!cipal Code. 401 Certifications and 404 permits may be required. Please contact Army Corp of Engineers and/or Regional Water Q lity Control Board as appropriate. 15. DRAINAGR Drains. ge sh~l! be provided to the satisfaction of the City Engineer. Stui'~;ce flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless sto,-, drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm dr~inA~e system. If City storm drains am not available, drainage facilities shall be installed to the satisfaction of the City F, ngineer. 16. FIRE PROTRCTION Fire sprinklers sh~!l be installed in any new construction to the approval of the City. 17. UNDERGROUND UTILrlIR$ 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 after-ted utility providers for in.~allation of underground utility devices. Th~ Resolution No. 6105 .... 03-TM-01 Sc".' tuber 10, 2001 Page -~- 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. 18. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,268.00 b. Grading Permit: $ 5% of Site Improvement Cost c. Development Maintenance Deposit: $3,000.00 d. Storm Drainage Fee: $1,596.75 e. Power Cost: ** f. Map Checking Fees: $546.25 g. Park Fees: $64,350 h. Street Tree By Developer ** Based on the latest effective PO&E rate schedule approved by the PUC. Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvements c. On-site Cyrading Bond: 100% of site improvements. -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. 19. TRANSFORMERS Electrical transfox~-iiers, telephone vaults and s'unilar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 20. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 21. FIRE ACCESS LANES ..,.,...." ". ,i"i: Resolution No. 6105 03-TM-01 S~'mber 10, 2001 Page -6- Em~'~ency fire a~cess hues sh~ll be r~rd~d ~s ~ ~ ~ on ~ ~ ~ ~ ~1 m~ C~ F~ Di~i~ ~na~. ~. BEST ~AGE~ P~~S . U~ Bea Ms~*~t ~ ~'s), ~ ~q~ by ~e S~te Wa~ ~so~ Con~l Bo~ for ~on ~W w~ch ~bs soil. B~ p~ ~ ~ ~l~ ~ yo~ ~ ~d ~ ~v~t plsns. ~sion ~ or ~t ~n~l pl~ ~l be ~d~ 23. D~WAY ~v~s ~I co~o~m to Ci~ ~ d~s. 24. ~AT. ~ DETAH~. Applier s~l ~i~ ~e ~ of~e pubic ~fi]i~ ~t on ~e ~ ~b~sion ~p. 22. W~AY~A~AY ~e ~velo~ ~ ~i~ ~d co~t a ~y/p~y ~t is no l~s ~ ~' ~de ~m ~e Ro~es Argue sid~ to i~ co--~on ~ ~ ~ved ~' Re~ C~ ~y/pa~y ~ch ~ ~o ~ ~ed ~d ~c~ by ~e a~li~t. ~is ~ dcsi~ m~ be compl~ ~ ~v~. pior ~ ~e ~co~on of ~e ~ map. · Coca,on m~ ~ compl~ ~or ~ b~141.~ oc~cy. Bo~ desi~ ~d ~on ~1 ~ ~ ~e ~fi~on of~ D~or of ~bhc Wor~ ~d ~e S~m CI~ V~I~ Wat~ Di~ 23. RECORDATION O1~ EASEMENTS & AGREEMI~.NTS Applicant shall record appropriate e~sernent~, and mainten_snce and liability'agreements subject to the review and approval of the City Attorney. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying coni/ifions specified in Section IV. of this Resolution conform to generally accepted engineering practices. Ralph Qtmlh, Director of Public Works Resolution No. 6105 03-TM-01 S~ptember 10, 2001 Page -?- PASSED AND ADOPTED this 10th day of September 2001, at a Regular Meeting of thc Planning Commission of the City of Cupergno, State of California, by the followi,~E roll call vote: AYES: COMMISSIONERS: Con', Patnoe, Chen and Auerbach NOES: COMMISSIONERS: Chairperson Kwok ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/Steve Piaseold /s/Patrick Kwok Steve Piasecki Patrick Kwok, Cbsir Director of Community Development Cupei'fino Planning Commission G:/plannlng/pdreport/res/03tm01 6-Z-01 CITY OF CUPERTINO 10300 Tone Avenue Cupertino, California 95014 RESOLUTION NO. 6106 OF THE PLANNINO COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE REZONINO OF AN APPROXIMATELY 45,200 SQ, FT, PARCEL FROM Rl-10 TO P(RES) AT 20075 DE PALMA LANE SECTION I: FINDINGS WHEREAS, the Pla~nlng Commission of the City of Cupertino received an application for a re-zoning of property, as described on Section II. of this Resolution; and II,'HE~S, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, end tho Planning Con~mlssion has held one or more Public Hearings on this matter; WHEREAS, the Plannir~g Commission finds that the subject re, zoning meets the following I) That the rezoning is in conformance with the General Plan of the City of Cupergno; and 2) That the property involved is adequate in size and shape to conform to tho new zoning designation; end 3) That the proposed'rezoning is otherwise not detrimental to the health, safety, peace, mOrals and general weffare of people living and working in the area; and 4) That the proposed re'zoning encourages the most appropriate use of land; and $) That the proposed rezoning promotes the orderly development of the city; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Rezoning is hereby recommended for approval by the planning Commission of the City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contRined in the Public Hearing record concerning Application 06-Z-01 as set forth in the Minutes of the Planning Commission Meeting of, September 10, 2001, and are incorporated by reference though fully set forth herein. Resolution No. 6106 06-Z-01 September 10, 2001 Page 2 SECTION II: PRefECT DESCRIPTION Application No.: 06-Z-01 (14-EA-01) Applicant: R~Z Development Property Owner: R&Z Development Location: 20075 De Palina Lane SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Appwval is based on Exhibits A-1 & B-1. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedications, 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/ri which you may protest these fees, dedications, reservations, and other exactions, purs,,~nt 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 56020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this I0~ day of September, 200l, at a Regular Meet~g of the planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Patnoe, Chen and Auerbach NOES: COMMISSIONERS: Chairperson Kwok ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/Steve Pia.s~ki '../s/Patrick Kwok Steve Piaseeki Patrick Kwok, Chair Director of Community Development Cupertino planning Commission g/planning/lxlreport/res/resO6zO I PROPERTY DESCRIPTION FOR REZON~NG ~0075.DE PAL}fa LANE ASSESSOR PARCEL NO. $59-~2-003 BBGINNIN~ at a point ~n the Southerly line of ~= oe~n 22.118' am ~rac~ of 1~ c~ve~a ~ Blithe Brassy as ~,~ of ~ ~r~on~ ~0 ~ey Bi~ ~ deed ~ed N~er 21, 190S ~ reco~d ~ ~ 299 of ~, page S93, ~s~= ~ S~h 89~ 57~ .~s= 533.41 feat f~ ~ 8~u~erly ao~r'of ' sa~d 22.118 acre tract in'~ or$g~l Nes~ly ~ o~ B~ ~ad} ~e alo~ ~he ~rly l~ne of s~ 22.11~ a~e treat S~ 89· 57~ Wes= 200. fee=. ~o ~ ~pe t~a~ ~s ~s~t 11.20 ~ee~ easterly a~ ~gh~ ~le f~ ~e NesC~ly 1~ of oai~ 22.118 ac~ CroCI ~e No~ly ~ ~allel ~th ~ NeeC~ly l~e of said 22.'118 acre tract ~ ~.C~C 11.~0 feet Easterly It rash= ~les ~e~f~m, 236.65 fee=, ~re or less~ .~o ~ 8~s~erly ~r of ~= certain 5.333 acre tract of l~d c~ve~d ~ ~ Bi~ e~ ~, ~o T.L. Fe~dez ~ deed ~ted May 5, 1927 ~ reco~ ~y 12, 192~ ~n B~k 323 of Official ~=o~s, pa~e 12~ =~nce ~ t~ S~erly l~ne of sa~d ~.333 acre tract No~ 89· 54~ East 200 fee=~ =~ce parallel wi~ sa~d Westerly 1~ of' sa~d 22.118 acre =rat= S~erly 236.70 fee=, ~ or less, to ~ po~n= of beg4~-~ ~ bei~ a p~C of sa~ 22.118 ac~ tract ~n SeOt~ 13 to~p 7 S~th, R~ge 2 Wes=, M.D.S. ~ M. · XCSPTING TS~EFROM the. interest therein conveyed in ~ Deed f~m ~u ~z~-. et ~ ~o =~ S~a Cl~a' Co~=y Flood C~1 ~ Water Co~=~ ~t~ N~e~ 20, 1961 ~ reco~d F~ 1,' 1962 .~n B~k 5453 Official Retch, page 229, ~scr~ed as foll~s: ' Bein~ a portion., of the Xands of Lozano as described in the deed to and Rosario Losano, hie wife, recorded in Book 1482, page 421 Official Records of Santa Clara County, in the Northeast 1/4 of Section 13, Township 7 South, l~e 2 West, M.D.S. & .M., and more parti~ularly described as follows: '. B3GINNIN~ at the Southeasterly c. orner of the lm-4 of Losano aa described in the a~orementioned deed; thence alon~ the Southerly 14'-e of sa/d la, ds N. 89° 03' 20" W. 200.00 £eet to tho Southwesterly ~orner thereof; thence alon~ the Westerly line of said lands N. 0° S9' B. 10.'00 fqet; thence parallel to 'said Southerly line =,4 d.'Lstant Northerly therefrom 10.00 feet measured at right ancjles S. 85° 03' 20" B. 200.00 feet to the Easterly line o£ said lines; ~henoe alon~ said Easterly line B. 0· 59' W. 10.00 feet to the point of be~inning, containing .046 acres ~'land,' more or less. The basis of bearincj of this description is N. 89° 03' 20" #. as shown on 'the 1/16 section line on the map of Tract 2248.. ALSO EXCBPTIN~ therefrom t~e under9=ound water or rights ~reto vi=h ~ rights · of ~face ~t~., as 9r~ted to ~ C~ty of ~ert~. ~ ~t ce~a~n ~itcla~m deed receded ~y 11, 1973 ~n B~ 0373 page 173 S~ta Cl~a Co~ty Reco~, ~ m~tio~d ~t does not ~w~r. ~l~e ~ ri~t to ~ter up~ t~ ~e mentioned 1~, or ~e ~y ~ilding or statue t~re~. · - EXHIBIT B 2007~ De Palms Lane APN: .369-32-003 2.? CITY OF CUPERTINO 10300 Torte Avenue Cupertino, California 95014 ORDINANCE NO. 1889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING APPROXIMATELY A 1-ACRE LOT FROM RI-10 TO P(RES) TO ALLOW 9 SINGLE-FAMILY TOWNHOUSES LOCATED AT 20075 DE PALMA LANE WHEREAS, an application was received by the City (Application no. 06-Z-01) for the rezoning of property to P(RES) (Planned Development Residential Zoning District); and WHEREAS, the property is presently incorporated and within the City's urban service ar~a; WHEREAS, the zoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; WHEREAS, the zoning will enable the property owner to develop his property in accordance with City residential development standards; 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 B-I as a proposed amendmem to the Master Zoning Map of the City of Cupertino.. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A-1 is hereby rezoned to P(RES), Planned Development Zoning District; and that Exhibits A-1 & B-l attached hereto are made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. ;17 --23 INTRODUCED at a regular meeting of the City Council of the City of Cupertino the day of , 2001 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of ,2001, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino g:planning~ord/ord06z01 Nov 1~ 01 03:SOp GIULIRHI KULL 408 ~1~ 4004 EXHIBIT LEGAL DESCRIPTION FOR REZONING PURPOSES 20075 DE PALMA LANE ALL OF ~AT R~AL PROPERTY SITUATE IN TItE CITY OF CUPERTINO, CO~ OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE soLrI'HERLY LINE OF THAT CERTAIN 22. I ! 8 ACRE TRACT OF I~A~ID CONVEYED BY BLANCHE BRASSEY AS GUARDIAN OF THE PERSON, TO DUDLEY BLABON BY DEED DATED NOVEMBER 21, 1905 AND RECORDED IN BOOK 299 OF DEEDS. PAGE 593, DISTANT 12-1EREON SOUTH 89° 57' WE. ST 333.41 FEET FROM THE SOUTHEASTERLY CORNER OF SAID 22. I 18 ACRE TRACT IN THE ORIGIN'AL WESTERLY LINE OF BLANEY ROAD; THENCE ALONG THE SOD~I'HF, RLY LINE OF SAID 22.118 ACRE TRACT SOUTH 89° 37' WEST 200 FEET TO AN IRON PiPE THAT IS DISTANT 11.20 FEET EASTERLY AT RIGHT ANGLE FROM TIlE WESTERLY LINE OF SAID 22.118 ACRE TRACT; THENCE NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID 22.1 ! 8 ACRE TRACT .~u~'D DISTANT I 1.20 FEET EASTERLY AT RIGHT ANGLES THEREFROM 236.65 FEET, MORE OR LEIS, TO THE SOUTHWESTERLY CORNER OF THAT CERTA/N $.333 ACRE TRACT OF LAND CONVEYED BY DUDLEY BLABON, ET UX, TO T.L. FERNANDE;~ BY DEED DATED MAY 5, 1927 A~'D RECORDED MAY 12, 1927 IN BOOK 323 OF OFFICIAL RECORDS. PAGE 12; THENCE CONTII~EJlNO NORTHERLY ALONG THE PROLONGATION OF THE LAST SAID LINE 30 FEET, MORE OR LESS TO THE CENTERLINE OF RODRIGUES AVENLrE; THENCI~ ALONG THE CENTERLINE OF RODRIOUES AVENUE PARALLEL W3TH AND 30 FEET NORTHERLY OF ']'HE SOUTHERLY LINE OF SAID $.33 ACRE TRACT NORTH 89° $4' EAST 200 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF SAID 22.1 ! S ACRE TRACT $OLrI'HERLY 266.70 FEET, MORE OR LESS TO THE POINT OF BEGINNING AND BEING A PART OF SAID 22.118 ACRE TRACT AND A PART OF SAID 5.33 ACRE PARCEL IN SECTION 13, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN. TOGETHER WITH A STRIP OF LAND APPROXIMATELY 22.5 FEF..T IN WIDTH LYING CONTIGUOUS TO AND SOUTHERLY OF THE HEREINABOVE DESCRIBED PARCEL, SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT OF BEGINNING, THENCE ALONG SAID SOUTHERLY LINI~ Bi. lNG ]~tE NORTHERLY LINE OF THIS STRIP OF LAND, SOUTH 89° 57' WEST 200 FEET, BEING A PART OF THE LANDS OF THE SANTA CLARA VALLEY WATER DISTRICT. END OF DESCRIPTION Exhibit: B-~. EXHIBIT A CITY OF CUPERTINO 10300 Torte Avenue, Cupertiuo, California 9S014 ' DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: 06-Z-01, 0S-U-01, 03-TM-01 (14-EA-01) Agenda Date: September I0, 2001 Applicant: R&Z Developmcat Property Owner: P~Z Development Proper~ Location: 20075 DePalma Lane Project Data: General Plan Designation: Med./Low. Density Residential 5-10 d.u./gr.ac. Existing Zoning Desi. gn.ation: RI-10 Proposed Zoning Designation: P(RES) Gross Acres: 1.18 acre'(S1,202 squar~ feet) Net Acres: 1.04 acre (45,200 square feet) Residential: Dwelling units: 9 Unit type: attached units Site density: 8.65 d.u./gr, ac. Building Area: :21,901 square feet Site FAR: 48.5% Parking ratio: 4 spaces per dwelling Stories/Height: 2 stories/29' 4" Front Setback: First Story Second Story. Rodrignes Ave: 22 feet ' 30 feet Regnart Creek: 15 feet 21 feet Side Setback: First Story Second Story East Side: . 7 & 12 feet 20, 23 & 30 feet West Side: 25 feet min. 36 feet miu. Project Consistency with: · General Plan yes Zoning n/a Environmental Assessment: Negative Declaration Application Summary: REZONING from Rl-10 to p(REs), USE PERMIT to demolish an existing house end construct 9 single-family townhomcs, end a TENTATIVE MAP to subdivide a 1.04-acre parcel into 9 townhome lots and 1 common lot. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval 'of the rezoning, use permit end tentative map per the model resolutions. BACKGROUND: This project is locate! on a r~n~nt 1+ ac~ agrk'ulture pardi, with a single-family dw~llln~. The oxisting home takes a~ess off a privato driveway/oasement that oxtends to De Palma l.~me, a private strut. The parcel has public street fro~e on Rodrignes Avenue. The property is surrounded by a variety of residential types: to the west is a one and two-story $inglO-f~mily planned unit development, to the north are the Biltmore apa~iments, to the east are one-story duplexes and single-family dwellings and to the south is Regnart Creek and one end two story single-family dwellings. Project Description: The applicant is proposing ni~e ~vo-story townhomes (Exhibit A). There are three ,mit types ranging in size from 2,38!) s~p,_sre'fee~to 2,464' sq,,n~e feet. They are all 3 bedroom-eJ3 baths with a fourth room thnt may be used as a den or 4~ bedroom. Two of the townhomas are direly accessible to Rodrigues Avenue, the others by a private driveway also offRodrignes Avenue. The project does not use De pnlma Lane for vehicular access. Five of the townhomes have a 2- car garage and a 2-car driveway apron suitable for parking. The other four townhomes also have a 2-car garage with additional open parking available on the east or west perimeter. Onsite parking is equal to 4 parking stalls per unit. The project includes trail iml~rovements along a segment of Santa Clara Valley Water District right-of-way thst encompasses Regnart Creek and an improved pedestrian pathway from Rodrigues Avenue to Regnart Creek. DISCUSSION: General Plan Conformance: C-enemi Plan residential density is calculated on the gross acre basis, which includes the half- street areas abutting the property. The maximum allowable dwelling unit yield.for this site is 11 ,nits. The applicant is proposing 9 units which is still consistent with the General Plan density range. Staff feels this slightly lower density is warranted to meet other Czeneral Plan objectives, such as creating a site design that is compatible with the neighborhood, developing pedestrian connections to Cupertino's creek System and providing areas for stonnwater quality management. Site Design, Architecture and Setba¢l~: The project Was.desigr~ed to provide both a strong slre~ orientation andcmek orientation with townhomes facing in both directions, which is the orientation of existing residences on the east side of the property. This is important in creating an open comm~mlty that fosters private interaction with the public msim. The f~'ont setback on Rodrignes Avenue approximates the setback of the duplexes, and the seeond story building setbacks of the property edge units have been pulled back to increase privacy and improve the building mass relationship, with the neighboring one-story dwellings. The project has also been designed without side-facing windows that might look out on neighboring yards. The private, common open space area was moved toward the front to create an attractive visual amenity for Rodrigues Avenue, as well as an ati~active trailhead to Regnart Creek. 2 The townhouse tmi~s were d~signed to encourage interaotion with the publio realm: Hem the inte~,~tion of porches and enlrances in each of'the units facin~ the street and the creek. The units have a contemporary design with hsrd plank siding and stucco-stone veneer wsln~otlng, which offers a softer appearance than the typical stac~o-sided dwelling. The applicant is also providing atlractive entry features for the driveway and trailhead that wAt~-h the wainscoting of the townhomes. The City Architect, Larry Csnnon, has r~viewed the project and found the design well done, with good balancin~ and detsiHn_,~ (Exhibit B). Mr. CAnnon had One reservation with the distance between the open parking and the Regnart Creek-facing townhouses, which are the units likely to use this parking. The orientation of these townhouses was designed to turn this selOnent of Regnart Creek into an asset, rather than a liabi .lity; a place of public intera~on and use, rather than a private, dumping area. Moving some of the parking to De Palina Lane or reorienting the' units will degrade the relationship between the creek and the townhouses. The walking distance between the open parking and the units is not excessive and there a~e several different pathways An arborist report was completed for this project (Exhibit C). The arborist identified 16 specimen-sized trees on the property. Eight of them were recommended for removal because of poor to fair health and --ir-acture. All of these particular trees are fi~it trees- part of the remnant orchard that was once on this property. Four of the other eight trees are slated for removal because there are in the footprint of the townhouses or the driveway. They are: a multi-stem European Olive, a 2-stem apple Iree, ~ two 15" diameter Southern Magnolias. To mitigate the tree removal, the applicant has proposed replacing the trees with 7, 24" box Coast Live Oaks; 10, 36" box Coast Redwoods; and 17, 24" box Birches. Stormwater ~2uality Management Improvements: The San Francisco Bay Area Regional Water Q-Ality Control Board is in the process of developing more stringent regulations that will affect how local ageneies review and monitor development projects. The objective of these regulations is to reduce stomx water flows and lessen non-point source pollution in creeks and San Francisco Bay. The project incorporates a dry rock swale (in the common open space area near Rodrigues Avenue) that will allow additional in61tration of sto,m water and its pollutants into the soil before it is diverted to a stol'la main. Neighborhood Otttreaclt: The applicant sent notices to the surrounding property owners informing them of his propo.sed development. He met with those who responded to his notice'. The applicant believes he has largely met the concerns of these neighbors. Enclosures: Model Resolutions for zoning, use permit and tentative map Initial Study and ERC Recommendation F~,hibit A: Applicant's Project Description ~,xhibit B: Emailed comments from Larry Cannon Exhibit C: Arborist Report prepared by Tree Health Professionals, Inc. dated 7/31/01 Plan Set Prepared by: Colin Sung, Senior Pla..er ~---~. Approved by: Steve Piasecki, Director of Communitl! Development~=~-.r.~ .4 Ca~ File No.O ~-T'I~-OI, 0/)-0- t) I ~nm~ ~ . ·--I .... ~ PR~ DES~ON: C~ ~d~k U~W~ A~ ~/a,~ U~t U~ U~t U~t U~t App~le S~i~ ~ P~: (C~) ~ N. ~ ~ Co~ ~ S. S~-S~y Conceal '~ S~ ~ Blv~ C~,sl ~ S~ms C~ Blvd. SW & L'~ If Non-Residential, Building Area._.._.s.f. FAR Max. Employees/Shit~ Parld,g Required ~/~,~']-' Parking Provided Project Site is Within Cupertino Urban Service Area YES X NO :z7- l 1) Co. mplete all inform~on requested on 4) When explaining any yes response, label the !.;t~.! Study Cover page. I.,F.,AVE your answer clearly (Example '"lq - 3 BLANK SPACES ONLY WI~.N A Historical") Please try to respond concisely, SPECIFIC ITEM IS NOT and place as many explanatory responses as A.PPLICAItv,I~,_ . possible on each pase. 2) Consult the Initial Study Source List; use 5) Upon completing the c, hecU!!~'., sign and the materials listed therein to complete, the .~t~ the Pr~parer's Affidavit. thronsh O. 6) Please attach the ~ollowin8 m~. before submitting the Initial Study to You are encouraged to cite other relevant City. · sources; if such sources are used, job in their . P~oje~ x~n s~ orLosbbttve'nomn~ (1) eop~ title(s) in the "Source'* column uext to the . Louttm-? with site dur~ mmt~ (when sppUctble) question to which they relate. 3)l'fyoucheckanyofthe"¥J~.S'*respouse l~! '[~%IiI'IL\l. I% ('()\IPI~I{'I I{ - to any questions, you must attach a sheet I'~( explaining the potential impast end suggest mitigation i~ needed. IMPACT PROJECT.. ~ot s~nm~nt s~nm~nt ~ SO.CE NO ~ WILL Tg'K PROJECT... Not sisnmm~ sisnifkalt ~:unul,~. SOURCE SiSni~aut ~ ~o NO ~ M~ ~~spl~a~ _ G) TRANSPORTATION · is suistantlal in m!~_,~ to ~h~ ox~ing - 2~ Cau~ any Imblio or priva2 sl~t Intmection to ~mcflon be, low Lave. i of 4,20 4) Adm~ snot u~s to ~ ~t. hEidm~,..t~ publlG ~ odentml a~Iviq~ m? · ~) Camm a n~ in publi~ pmje6t si*,,? pm'lUng fscilMu, or cn~nd, damnd fat ~ [] [] [] [] 15,16 new psddn~ space? '/) Inhibit usa of alternative nmdcs of usa~? HOUSING 1) Reduce ~he supply ~pl~ of~ ~ ~lr ~ ~am~ ~--d~ ~ ~ ~ ~ ~ 3,16.47 WILL PROJECT... OURC Not Siin~ $~.~MMOt Cumulad~ 6) Pl~ido inmdins pounds Ox I) Bo f~vsrianc~wilh applicable 2) Outo mn acsl~cafly 3) 'Visually inmtde t~on an area of ,,~d mni~ qualMu? [] [] 4) Otmmct~ew°f'sceaicddFIine..[~ E~ ~ ~ O s,. visible M)m tim valley floor? 6) Advme~ ~t~o urchit~nrd chrm~ o~n omblbh no~hbodmod. ~ J--I. [] [] [] !.17.10 II~htJn~ sourc~ upon mOm:cut propmies. 1,16 or puidio roadwq~ M) ENERGY qusntM~s of'~sil ~ or non- renewable en~r8~ sourcra? 2) nnnow w. smt~n p~ovMins i-.,~er th-d- Or wind-broah to an [~ [] [] [] [] 11,19 oxlsthg or proposod building? 3) Sisnlflcsntfy re&,_~ solar a~en to spare ot prlvam yard? AR _f~:r4,.EOLOGICAL 1) Be Ioc~d in sn ~ru ofpotmflol IMPACT WILL THE PROJECT... ~qo~ ~L,,,~a~t sisniflnn, cunditve SOURCE Sisnifkint (p~_-,,~ fro NO Pmpo=d) 2) A~b~m~ly ~e~ydhistofi~~ ~ ~ ~ ~ I. IO.41 ~]~ I c~ ~ I ~o ~ ~ ~oo ~ ~n~ ~iy ~ all ~ons h~in, ~d have oonsul~ h~ ~l~ ~ ~y ~ ~ ~ wi~ ~ ~ S~ ~ ~ dohy. or di~ntinu~ of ~ ~je~ ~ ~s, ~d h~ ~a'm hold ~ ~o Ci~ of Cup.no, ~ ~d au~or~ ~ ~ ~e c~c~ of ~ ~hy ~ ~~, II. ACT AREA~: J~ Land Use/C~nmtl Phm I-I Cs~ologin/Seismio ~.~n,xl [] Renoutoes/Parks [] Housing [] S,~e/Wat~r Quality Igl, Drainage/Flooding 1~ Flora & Fauna [] Transportation [] ~'~t°r~oal/~logiv, al [] H~alth & Saf~y [] Air Quality [] Nois~ [-I Public Sorvic~/fJtilities [] Enoi~ [] Aesth~tios STAFF EVALUATION On th, basis of this Initial Study. the Environmental R~view Committee (FRO) Finds: ~deet 0~,. ~ That tho proposed project COULD NOT have a sj_on~fi~utt effect on the environment, and recommends [-'--'] that a NEGATIVE DE~TION bo granted. That although the project could have a sJ~{~cant effect on tho environment, no significant effect will occur ~ · because mitigation monsu~s are included in the project. ERC recommend, that a NEGATIVE DECLARATION 'l'nat the proposed MAY have a s~i6cant effect on the environment nnd recommend, that an ~--~ CITY OF CUPERTINO RECOMMENDATION OF' ENVIRONMENTAL REVIEW COMMITTEE August g, 2001 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee' of the City of Cupertino on August 8, 2001. PROJECT DESCRIPTION AND LOCATION Application No.: 0g-U-01, 06-Z-01, 03-TM-01, 14-EA-0i Applicant: R & Z Development (Glenn Cahoon) Location: .20075 DePalma Lane DISCRETIONARY ACTION REQIJI~ST Use Permit (0S-U-01) to construct 9 single-family townhomes on an approximately one acre parcel. Rezoning (06-Z-01) of an approximately one acre parcel from R1-10 to P(Res). Tentative Map (03-TM-01) to subdivide an approximately one-acre parcel into'9 parcels and a common area parcel for a townhome development. FINDINGS OF THE ENVIRONMENTAL REVIRW COMMITTEE The Environmental Review Committee recommends the granting of a Negative Declaration finding that the ,je ' nsistent with the General Plan and has no significant environmental impacts. Director of Community Development g/erc/REC 14ea01 DEVELOPMENT lilly, 2001 20O75 DePalma Lane PRO~IECT DESCRIPTION Subjeot project is a 1.0~d. acre level site with access on DePslms Lane offBlauey Avenue but also front/rig Roddgues Av~ue near the Cupe~no City Offices at Torte and Rodrigues Ay. Presently, an olde~ single family residence with detached garage and storage building occupy the site. Tho site is.. a remainder property once part of orchards and other a/p'icultural uses. ' Surrounding properties consist of planned unit single esmily units to the west; apa,/~ents and townhomos to the north; duplex and single family units to the east; and single f~mily homes across Re?Art Creek to the south. Zoning is ~q. :¢~h,r~ with a Gan~ Plan desi~Ation of low to medium density residential use for tl~ potential development of approximstely eleven units. I : [ , / i RI -- IO Proposed dev~lop-,ent calls for a planned development of nine single family resid~tial high quality two story townhomes of oraflsman style and fzont porches consisting of · approximately 2,000 S~p~,r~ feet awh with throe bedroom.% optional offi¢otde~ and thr~ baths. An attached two car oove~d garage is to bo included. Access to all un/ts will be from Rodrigues Avenue and include dedicated ~ommon area \ for driveways, green bolt areas, and a pedestrian/bicycle trail to Red,art Creek. Two of the -nits will face Rodrigues near.the enha/w,e to thc pl'oject; three units with be located center to the project; and four units will front P~gnart Creek All units will have private yards in the rear, side, or front depending on location within the project The dex~elopment will be landscaped in common areas as well as private yards that' are adjacent to the common areas. Landscaping, together with preservation of certain trees,, will be developed to provide for enhancement of the projea and screening for adjacent properties. ' Development and landscaping of a trail acce~ss along Red,art Creek (Santa Clara Valley Water Dislrict) is proposed for pedestrian and bicycle access from Rodri~ues Avenue through to Blaney Avenue. 'I~ong term plAnninE would provide for the trail's ultimate Wnuection to the City Offices and Ia'orary. BUS: 408-252-1101 · FAX: 408- 252-5435 ~. q --~[ 1601 S. De Anza Boulevard · Suite 101 · aHr~in~, ~,~,.,io Or.n~.~ Colin Jung To: g)enncahoon@home.com · Subject: FW: Townhouses at 20075 DePalma FYI Front: Peter Gilll Sent: Monday, August 27, 2001 8:27 AM To: Colin Jung -~ubJect: ~ Townhousea at 20075 DePalma Original Message- , From: Larry L. Cannon [~nailto:cdgManC~oacbell.netl . Sent:. Friday, August 24, 200! 3:2.5 PM To: Peter Gilli Subject:. Townhouses at 20075 DePalma Peter I have reviewed the proposed nine townhouse design. It appears well Uesigned from an architectural standpoint, . and while the units are rather close together, some measures - such as recessing the garages on the "C" Units - provide more relief than we have seen on other similar proposals recently. The one question that I would have is really aCity policy issue. That is the closing of DePalma to auto access and circulation. While there are other homes, it appears, with a DePalma address andentry, visitors to the "A" Units will need to park in guest parking spaces along the west property boundary and walk around to the DePalma side of the units. Other options short of extending DePalma through the site might be to provide some guest parking at the DePalma end of the site or by reorienting the entries of the "A" Units to the west elevation of the units to place them closer to the current guest parking. Other than this reservation, the design is well done with good balance and detailing. Since there was little to comment on for this proposal, I have not prepared a letter summary. Please let me know if you need a letter. Page 1 Tree Health Professionals, Inc. TREE sURvEY FOR T]~ TREES LOCATED ~20075 DE P,~LMA LANE 'CUPERTINO, CALIFORNIA Prepared at the request of: Mr. Mark Roberts General Partner R & Z Development 1601 S. De AnT~ Blvd., Suite 101 Cupertino, CA 95014 Si~ visit by: Paul Lamm, Jr. & Registered Consulting Arborist ISA Certified Arbofist July 31, 2001 ~ .. 137E. Hamilton Ave., Suite201 * Campbell, CA95008 · (408)929-3040 · Fax (408)871-0284 TR~.~. SURVEY FOR THE TREES LOCATED ~20075 DE PALMA LANE CUPERTINO, C~IJFORNIA July 31, 2001 Page 2 of 3 Assignment To evaluate the health nnd condition of 16 trees that have rnalnstem, greater than or equal to 10 inches in diameter measured at three feet above ground line or just below the primary crotch. All of the trees were affixed with numbered aluminum disks and the numbers were placed on a copy of the Tentative Map drawn by Giuliani & KUll, Inc., dated 7/9/01. Data for ench tree is found in the "20075 De Palina Lane Tree Survey" which is enclosed with this report. l~ommendations for tree protection ar~ giyen as noc~qary. The trees were not climbed end the evaluation was done from the ground. Summary Ol~ the 16 trees, eight trees (~[67, 46~, ~,~, 471,472, 47(~, 477, and WI) are in good enough · health, with.good enough structure such thnt they could be retained. Four of the eight trees (~471, 472, 476, and 477) will be located in the footprint of new houses or the driveway and are scheduled for removal. The driplines of the eight trees recommended for retention are drawn on the Te~tntive Map. Tree Protection Recommendations Specifications for preservation are referred to by letter in the "Tree Condition & Protection Plan" and described below: A. Remove and/or prune trees as necessary prior to materials and equipment arriving on site. This would include raising foliar skirts, reducing or heading back foliage for demolition equipment B. Wrap Irunks with three layers of wire lath snow fencing to eight feet above ground line on trees where demolition or construction will take place within five feet of the Irtmk. C. Apply a two to three inch layer of wood chips under the dripline of each lree in the area that is' outside the building envelope. D. Do a hydraulic sub-smface fertilization with either a 2.1-1, 3-1-1, or 3-2-2 high orgnnlc nitrogen fertilizer. Injection points should be on two foot centers under the dripline. E. Erect construction period' fencing prior to materials and equipment arriving on site. The fencing'should consist of chnln link fence thnt is a minimum of five feet in height and able to keep out even foot traffic. The fencing should be at the edge of the dripline, and/or the existing hardscape, and/or thiee feet outside the location of the new building walls. F. Pier and grade beam foundation should be con.-h-cted to minimize root damage and loss. Dig pilot holes with hand tools to a depth of 18 inches at the location of each pier. If roots larger than three inches are encountered then move the pier location to avoid severing roots of this size. Finished depth can be excavated with a mechnni_t'll auger. G. I suggest thnt a qualified arborist be retained to supervise any excavation below existing ~ade and within the dripline of each tree to be retained. Roots damaged during excavation should be pruned and treal~ per the specification found in this report. . H. I suggest that monthly irrigation should be done during the redevelopment of the property. and during the months of May through October. I.. I suggests that a hydraulic soil injection of a high organic nilrogen fertilizer be done once a year during the redevelopment period to promote root growth end reduce stress. Once again, the time period would be. May through October. Care of Damaged Roots If any roots over three inches in diameter are severed during any excavation the following TR~ SURVBY FOR TI-lB TRlq{=_,~ LOCA'i'P_~ ~20075 DE PALMA LAN-B ~O, C~T J~ORNIA July 31, 2001 Pag~ 3 o/3 procedure should be followed: 1. The roots should be shaded by immediately cover/ng the entire trench with plywood, or by covering the sides of the trench with burlap sheeting kept moist with twice a day wettings. 2. When ready to backfill, each root should be severed cleanly with a handsaw. Where practical, they should be cut back ~o a side root. Immediately, a plastic bag (or wrap) should be placed over tiffs fresh cut, and secured with a robber band or electrical tape. Respectfully submitted, Gil Mitchell, R~ enclosures: 20075 De Palina Tr~ Snrvey Stal~ment ~f ~imi~in§ Condi~o~ Tentative Map, drnwn by ~iuliani & Kull, Inc., dated ?/9/0! Z0075 DE PALMA LANE TREE SURVEY M~p loc. Tree Species Trunk Retention Status Number Common Name Dia(') ~3' Keep Remove Tree Con~tion & Protection Plan 467 Magnolia soulangi~m 10.5 · 12' X Average health and structure. A foliar crown Saucer Magnolia Multi** reduction on the west side will be needed. & c, D, E, G, H, 468 Lagerstroemia sp. 10 X Average health and structure. A follar crow~ Crape Myrtle mcluction on the west side will be needed. A, C, D, E, G, H, I 469 Lagers~roemia .%o. 10 · 22" X Very good health and =~dcture. A foliar crown Crape Myrtle Multi** reduction on the west side will be needed. A, C, D, E, G, H, I 470 Prunus sp. 24 · 18" X Poor health and structure Cherry Multi**. 471 Olea europaea 5 stems* X Average health and ai~dcture. Scheduled for European. Olive Multi** removal. 472 Ma/us .%o. 11 · ZO" X Very good health, average structure. Scheduled Apple Multi** for removal. 473 Prunus sp. 15.5 ~ 12" X Poor to fair health and structure Cherry Multi** 474 Persea arner/cana 19 · 2Z" X Poor health and structure Avocado Multi** 475 Prunus sp. 22 ~ 26" X Poor health and structure Cherry Multi** 476 Magnolia grandflora 15 X Very good health and structure. Scheduled Southern Magnolia for removal. 477 Magnolia grand/flora 15 X Very good health and structure. Scheduled Southern Magnolia for removal. 478 Persea amer/carm 24 X Aemge health, very poor scaffold limb Avocado structure. 479 Prunus sp. 18 · 24" X Fair health and structure Aimond Multi** 480 Prunus sp. 17 0 20" X Poor health and structure Almond Multi** 481 P/nus ra~ata 32.5 X Average health and structure. The foundation Monterey Pine of Lot 7 should be pier and grade beam on the south side of the house. A, B, C, D, E, F, G, H, I 482 Persea americana 19.5 ~15" ' X' Poor health and structure Avocado Multi** · Stems measure 6.$, 6.5, 6.5, $.5, and 4.5 · 3' above ground line. · *The mainstem branches into two or more stems above the height indicated. Example: 19 ~ 22" means that the ma/nstem branches above 22 inches into two or more stems. Tree Health · Professionals, Inc. Statement of Limiting Conditions Please note: Recommendations given by Gil Mitchell of Tree Health Professionals, Inc. are based upon research and recommendations from the agriculture and horticulture departments of major universities in the United States, primarily the University of California, and also the International Society of ArboriCUlture. Due to the variability and unpredictability of plant materials, hidden defects, soils, climate, workmanship and other factors, Gil Mitchell of Tree Health Professionals, Inc. can make no warranty express or implied regarding any recommendations given. The owner or person(s) responsible for implementing any recommendations given by Gil Mitchell of Tree Health Professionals, Inc. assume all risks involved, and agrees to indemnify Gil Mitchell of Tree Health Professionals, Inc. and hold Gil Mitchell of Tree Health Professionals, inc. harmless from any loss, cost of damage, including but not limited to attomey fees and defense, costs of claims by the undersigned or third parties. Regarding trees: The measures noted within this report are designed to assist in the protection and preservation of the trees mentioned in this report; and to help in their short and long term health and longevity. This is not however, a guarantee that any of these trees may not suddenly or eventually decline, fail, or die, for whatever reason. Because a significant portion of the roots are far beyond the dripline of the tree, even trees that are well protected during construction often decline, fail or die. Because there may be hidden defects within the root system, trunk or branches of trees, it is possible that trees with no obvious defects can he subJect to failure without warning. -'~-. ~. ...... 137 E. Hamilton Ave., Suite 201 · Campbell, CA 95008 · (408) 929-3040 ,, Fax (408) 871-0284 Planning Commission M' ...' ~es i ~ September I O, 200 I :" Exhibit: B (30m. Auerbach said he felt they had an obligation to the businesses to be able to conduct business have some reasonable expectation of being able to have a hearing date and have a decision Mr. Jung stated that they were in negotiations with a consultant relative to the master plan, it could take six months to a year before something is approved. He said he felt waiting that of time was unfair to the applicant and was not a pro business stance for Cupertino. Chair id that he agreed in essence, that the project should not be delayed because it is not master plan is not in place. Mr. Swarner said schedule is to get their network on air by January; they have been tied up in the for 4 years and purchased the licenses from another company. He said they would haw : study in'two weeks. He commented that placement of the trees farther away from the pole not having to prone the trees. He said they would prefer to use natural vegetation case as they did not feel the site could accommodate a larger size monop~le. Com. Patnoe suggested putting trees on the site as well as the artificial tree with antenna to visualize which would MOTION: ~lication No. 07-U-01 to the September 24, 2001 Commission meeting to allow for the preparation of a foasibility report. SECOND: Com. Con: VOTE: ' Passed 5-0-0 7. Application Nos.: 0S-U-01, 06-Z-01, 03-TM-01 (14-EA-01) Applicant: R & Z Development Location: 20075 De Palina Lane Use permit to construct 9 single family townhomes on an approximately one acre parcel. Rezoning of an approximately one acre parcel from gl-10 to P(Res) Tentative map to subdivide an approximately one acre pamel into nine pan:els for a townhome development. Tentative City Council Date: October I, 2001 Staff oresentation: Mr. lung r~ferr~d to a map and sit~ plan and reviewed the application. He reviowexl the site design, ~imhite~ture, setbacks, site description, project description, and landscape plan (including the stormwater quality management improvements) as outlined in the staff report. Staff recommends approval of tho project; the negative deolaration has been recommended by the Environmental Review Committee. Mr. Sung said thore was no gat~ as part oft. he proposal. Relative to the proximity to the creek, the · water district has an unimproved service road they use to maintain the creek, and have indicated that they do not need additional right-of-way to carry out their functions, and are willing to enter into a joint use agreement with the city relative to the use of the space. He said it not only serves their needs but any other r~reational needs the city may be interestod in. Mr. Jung said the 100 year flood is contained within the channel known as Regnart Creek in this location. He said there have unfortunately been instances where development has been allowed Planning Commission M · les 16 "' September I0, 2001 with back yards abutting the creeks (November Drive). He said he did not foresee how the creek would be restored to a mo~e natural state unless the development was set back literally. He said there was no safe distance away from a creek that is allowed to run its course enduring light and heavy flows. Chair Kwok recalled that for the November November Drive lJroject, as part of the conditions, they established rehab funds for the creek and used rip rap to stabilize the creek. He questioned whether the creek was stabilized now. Mr..Iung said that unlike November Drive, the creek was in a semi natural state that had been channelized with gabion baskets. He said there were not problems with erosion at that location, but as Com. Auerbach stated, there is a retaining wall that was probably put there to forestall .any. future erosion. Mr. Sung said that there was no'established setbacks in residential areas; only in hillside areas. He reiterated that they were dealing with a planned development where the setbacks were negotiated betweeh the applicant.and the city. He said the area was wide enough for a public trail and staff did not feel the need to extend the width, noting that the width was similar both further east and west. Mr. Sung referred to the Preliminary Grading Plan and answered Planning Commissioners' questions regarding the storm drainage system. Ms. Carmen Lynangh, Public Works, said it appeared the downspouts were going into a system but would pop up and go into the drainage swale. It will not go directly to the street system b~:ause it is prohibited; storm leaders cannot go directly to the storm drainage system, but they are going to use this percolation to take care of the flows from the roofs. Mr. Glenn Cahoon, project designer, referred to the preliminary grading plan, and explained the drainage drainage system and answered Commissioners' questions. He also illustrated the location of the retaining walls and reviewed the landscape plan. Referring to the landscape plan, Mr. Cahoon said there were some trees they would have to remove be~:anse they were in the footprint or driveway areas; and noted that 24 inch box tre~s would be planted. He illustrated the screening to protect the neighbors. In response to Com. Chen's questions about parking, Mr. Cahoon reported that each unit had a two-car garage, with an apron in front for guest parking. He illustrated where the guest parking would b~ and noted the location of the pathway to the units. Mr. Cahoon reported that there were no windows or decks on the side to comply with the privacy act of the neighbors. Relative to the location of the chimneys, and Com. Patno~'s concern, Mr. Cahoon said that if necessary, the chimneys could be deleted and the direct ye,its could be used. He noted that fireplace manufacturers make a variety of styles, but most are designed with the gas log, and have taken it a st~p further by creating the direct vent to address the building code for having fireplaces in bedrooms. He pointed out that chimneys ar~ an architectural feature which set a period and are not a function. Chair Kwok opened the me~ting for public input. Mr. Dan O'keefe, 34 Paseo Alba, San Clemente, CA., read from a prepared text. "l oppose the development and intend to offer my reasons for traveling from Southern California to speak against it. Of course I want to express care for the best interest of the applicant, but I also want to express the same care as a returning resident relevantly affected by the development. Both sides can be served by lower density. This being said, I begin by distinguishing the similarities and Planning Commission M: '.es ]7 September 10, 2001 differences between the RSE development and existing units in the south side of Rodriguez Avenue. The RSE development puts 21,000 square feet of living space on approximately one acm; four existing Rodriguez duplexes on approximately one acre puts approximately 12,000 square feet of living space on one acre. These figures were worked out today by Mr. Gatti, (a' member of the Planning Department) and myself. The RSE development has 2 feet of landscaping fronting Rodriguez and two driveways, which means one third of the landscaping is not facing Rodriguez Avenue. I contend that this is a traffic hazard, a phantom image ora PUD, 33% of the landscaping fronting Rodriguez is lost; the existing duplexes, two plex developments and the PUDs devote 20 feet setback to landscaping t~vo feet by this development. The proposed fence facing Rodriguez does no more than devalue and debase the existing property on Rodri§uez. The RSE proposal in my opinion warrants denial. There is no two story triplex on Rodrifluez Avenue and this development has a two sto{y triplex. The moral grounds for denial of this application is a sea of asphalt and I believe it is neither vague nor ambiguous; it is crowded, very dense. As you know, the southside of Rodriguez was divided between low density and high density for 36 years. This h~s been a divide where.there are duplexes and not high density on the south side. As a former Planning Commissioner and member of the City Council, that came before us constantly, and I object to the fact that the Planning Director compared the south side with the north side and compared this development with the Biltmore Apartments and the fact is that this is going to be subsidized in my opinion by street parking. There is no way that 21,000 square fe~t on one acre is going to have the kind of parking spaces that it needs, the aprons, etc. and in my opinion from my experience, I believe that there is going to be fences there and I believe that there is going to be a setback problem and I think that this should be reduced at least by 2 to 3 units. I would also say that the amenity park has great delights, pleasures; when I listened to the applicant I felt that we were talking about Versailles. We are talking about one acre with really minimum setbacks and there are problems and the problems are with the creek. The problems are with Rodriguez, cars are going to back out of the developments on Rodriguez with a two foot setback on Rodriguez and that is going to create a traffic hazard. ! would also say as [ looked at this development, it states in this application there will be no increased traffic h~7*rds. I say there will be; driveway backing cars right out to Rodriguez; Obstruct views ... I believe the chimneys and those buildings are going to obstruct views with the duplexes to the west; and adversely affect the architectural character. I think this is a breaking of a very significant line; the south side of Rodriguez and again for about 16 years on the City Council, as a mayor and a Planning Commissioner, Rodriguez set precedent, you did not have high density on the south side of Rodriguez and to compare again as the Planning Director did, with the Biltmore Apartments, is wrong. And the chimneys, I think it looks like a Welsh coal camp in my opinion and is a PUD in my opinion, I believe it is a belle[plate in my opinion. ! have never heard on my '16 years on the City Council a marriage between a Planning Director and an applicant. He should have said that there are 21,000 living space compared to 12,000 with the duplexes, and I want to say again that the residents around Rodriguez are going to subsidize this and you are going to have before the Planning Commission an application to add 24 hour parking on Rodrigue. z. When I was on the City Council and on the Planning Commission we used to go to seminars on public safety; and as I recall public safety was a big issue in terms of design. As I look at this design ! believe that it has many problems in terms of public safety. Access from the trails is going to be a factor and the other factor is going into the interior, anybody that gets into the interior is going to be more safe and this factor makes'this density. [ would like to see the development; I think it should be developed, but to say that he is going to clean up transmissions and other problems, is something that I don't think the city of Cupertino would every allow. I am returning resident and [ hope never to see you again to because you are not going to approve this and [ feel that it does need some work, and I would hope Planning Commission IV'. ~s Is September I Od 2001 in the future that the Planning Director would put out thc pertinent facts. Thank you for your attention; its really great to be back here, but attendance is Iow." Dr. Richard Popejoy, welcomed back previous mayor Dan O'Keefe, and urged the Planning Commission to take Mr. O'Keefe's comments to hea~, since he felt things that are happening now are pertinent to the conunents made. He said certain issues of building the south side, the north side were always in tact. He said he felt it does not make a difference where the building is now, the creeks will overflow; and although there weren't supposed to be overflows and storms such as the ones they have had, Bollinger Road overflows every couple of years; and 100 year flood concerns have now become :5 year flood concerns. He said the markers should be used to show the neighborhood residents what is. going to be built, so they can provide input and voice their opposition if necessary. Dr. Popejoy said that Mr. O'Keefe's projections on traffic were on target, and he felt there would be a request for more parking and parking across the street in the Biltmore Apartments. The creeks can overflow and do routinely, and none of the figures will indicate that mformatmn. He said he felt there were too many units, and 4 or 5 would be more appropriate with more green area. He said every time they cover another square fool it increases the problems. Mr. Dennis Whittaker, said he was concerned about the quality of life. He referred to the traffic on Rodriguez and said that if 9 units are built on the parcel, there will be 36 more cars driving up and down Rodriguez. He said that Blaney is overused and Pacifies traffic is cut offduring school hours and new units on Rodriguez would create even more traffic. He expressed concern about developing Town Center and making Pacifies and Rodriguez less traffic friendly, but more pedestrian and bicycle friendly. He said with the added cars on Rodriguez it would create trat'fic paralysis. Mr. Whittaker said that he was not anti-growth, but was concerned about where to put the teachers and city workers because of the affordability issue. The city tries to get more people who cannot normally afford to live in Cupertino, and with this application, they are missing out on a BMR unit. He encouraged the Planning Commissioners to drive on Rodriguez to see the impact of 36 more cars. He urged that if Town Center goes through, not to block off6r restrict Rodriguez and Pacifies traffic as it would negatively impact the area. Mr. Liu, 2172 Rodriguez Avenue, expressed concern about temporary storm drainage and the public walkway. He questioned if they put the drainage in the corner, if it would increase the water level of his house, and how they would assure that would not happen. He expressed concern also about the public walkway next to his back fence and how it would impact his back yard privacy. Chair Kwok closed the public hearing· Chair Kwok said he felt that 9 units were too dense. Mr. Jung said thatthe maximum dweUing unit yield for this site, between the creek and Rodriguez is planned at a density of 5 to 10 dwelling units to the gross acre. If it were to build out at the maximum density, the yield would be I I and they are proposing 9. He said it was not the case that they were building less than ten units to avoid the BMR unit, but that the primary concern was to create an asset for the community and to provide it with a well designed project that provides public accessibility to the creek and the'only way to create a nice entrance and provide public accessibility was by not overcrowding the units on the .project site. Also, the second story was pulled back from the first story developments' and all the design considerations and amenities shown resulted in one fewer unit. Mr. Piasecki clarified that the setbacks on Rodriguez closely match the setbacks Of the existing duplexes and · said that the area behind the Iow wrought iron fence would be landscaped with lawn and rose Planning Commission M' 'es 19 '" September I0, 2001 bushes, etc. The interest in putting in the Iow fence was to get a pedestrian level detail .built into the project from the very beginning and not just have the blank spaces that occupy area in front of homes or in front of the duplexes. The BMR program as it relates to the proPosed project was discussed. Mr. Piaseckl said that the in-lieu fee is not comparable to the cost of the unit, $1 per square foot, which is something the city has to resolve. The BMR program is what it is; ten is the dividing point. When staff worked with the applicant, they did not want him to attempt to shoe in the tenth or eleventh unit, and not have the kind of amenities he is proposing. Design and integration wit the neighborhood is the first priority. He said with small parcels like this when you are on the edge of the yields, he would not encourage somebody.just to simply get one BMR unit, to shoe horn it in. Chair Kwok reiterated that he felt it was meant for mediuni and iow density, and nine units was too dense. There was consensus that density and the BMR unit were issues of concern. Mr. Charles Kilian, City Attorney, clarified that if they wanted the threshold question as density, it was important that they be consistent for the next nine unit development that comes in. He said it was a question of consistency, as how do you decide that this development should far and above exceed what is required and ~ot another development, Com. Auerbach pointed out that they had just concluded a study session where the opportunity was afforded to change the housing element relative to the threshold level. He pointed out that during the discussion, there was no objection to ten units and no changes were made. Chair Kwok said he felt it was not the BMR unit, but the density, since it would not be a Iow market rate house. He said it was important to have consistency relative to approving and denying projects where there was only slightly more than one acre. Discussion ensued relative to RI-10 zoning, Chair Kwok said that the compatibility with the neighborhood also has to be considered. Corns. Auerbach and Corr agreed that the time to dispute the density is at the zoning stage, not when applicants come to present projects. If members of the public have issues with zoning and they think the zoning is too dense, it needs to be addressed at the zoning issue rather than projects when they come before the Planning Commission for approval in areas that meet the zoning requirements. He said he also felt that the project fits within the scope; was an exemplary project, and meets many of the criteria for walkability, accessibility to the creeks, exposure to natural features, and meets the conditions for increasing the housing stock in the community which supply and demand will lead to some mitigation of the housing prices over time. It is completely compatible with the zoning that exists. Com. Patnoe said he had a point to make relative to the housing stock. The applicant used the word "infill" and it was time to stop looking at the word "infill" as a bad word. He said he was not opposed to the nine units, and was pleased with the project. He said it was unlikely that 4 parking spaces per unit were needed, and he did not feel the density would present a problem. He reiterated his concern about the chimneys, especially the two on the street. He said that the applicant could be requested to eliminate the chimneys or modify the ones on the street side. Com. Auerbach noted that the applicant said they would install non-sealed gas burning units which required chimneys, but if necessary, he would put in sealed gas units which would not require chimneys. Com. Auerbach said he felt the applicant had to sell the units and was aware of what Planning Commission IV.' 'res 20 '.. September I 0, 2001 'die market demand was; and Larry Cannon did not object to the chimneys. He said the decision should be left up to the applicant and Larry Cannon. Com. Chert said she was pleased to see a good design for Cupertino including efforts to meet all the requirements and all the conditions developed over the years to increase the walkability and build a pathway to increase the connectivity with the neighborhood. She expressed concern with the impact of the density on the quality of life as one of the speakers had commented on: noting that the impact was on the parking spaces and the potential problem with on-street parking causing safety issues for the neighborhood residents. She asked how the traffic report addressed the potential increase in traffic and how to address the safety issues and parking issues for the particular development. Com. Ch~n said she would like a parking analysis before she would support the proj .e~t. Mr. Piasecki said that a parking analysis was possible, but noted that providing 4 spaces per unit was standard for a single family development; and questioned whether Com. Chen was considering more of less spaces. Mr. Piasecki pointed out that the recent development on Imperial Avenue with 3 spaces per unit, and there was a traffic study completed. He said he was comfortable with the requirement of 4 spaces per unit, and commented that it might be considered excessive. Mr. Jung said a traffic report was not done because of the small number of units. He pointed out. that the net number of units is actually 8 and not 9, because of the existing unit there. He said typically an 8-unit development generates very little traffic; using standard factors it is I 0 trips a day, or 80 trips in and out of the project. Com. Corr said that although only a small impact, they add up to a bigger impact. Mr. Piasecki stated that it was is the purpose of the General Plan when :5 to I0 dwelling units per acre are assigned and a traffic analysis is completed. Chair Kwok said he had reservations about the density of the project and the traffic generated, particularly Rodriguez, although the General Plan does designate it as $ to 10 units, but it does not mean that you can build up to 10 units, the same as it does give the flexibility of $ to 10 units. He said the compatibility with the neighborhood on one side of the street should be addressed. Chair Kwok said it was a beautiful project, that provides trail and open spaces in the back, with a good design, but he said he would not support the project with 9 units a~ he felt it was too dense. Com. Auerbach said he felt 4 parking spaces may be excessive; and said he felt it was demonstrable that if more cars were parked on the street, it would slow down traffic and it would become safer for both cars and pedestrians. He said he would like to take advantage of more on- street parking and pave less of the complexes in the future; and it was his goal bias to have fewer parking spaces rather than more and utilize more of the city's infrastructure. Mr. Piasecki said that the issue was discussed relative to Rodriguez and noted that when there is limited or no on-street parking, high speeds can be achieved on the street. He pointed out that the new urbanists' principles and smart growth principles are talking about putting parking back on the street, which slows traffic down. Relative to the chimneys, there was consensus to let the applicant make the decision. MOTION: Com. Auerbach moved approval of Application 06-Z-01 SECOND: Com. Corr NOES: Chair Kwok VOTE: Passed .4-1-0 Planning Commission M,... zs 21 ....... September 10, 2001 Chair Kwok said he felt the project was not compatible with the neighborhood. MOTION: Com. Auerbach moved approval of Application 0S-U-01 SECOND: Com. Corr NOES: Chair Kwok VOTE: Passed 4-1-0 MOTION: Com. Auerbach'moyed approval of Application 03-TM-01 SECOND: Com. Corr NOES: Chair Kwok VOTE: Passed 4-1-0 MOTION: Com. Auerbach moved approval of Application 14-EA-01 SECOND: Com. Corr VOTE: Passed 5-0-0 The application will be forwarded to the City Council for final decision. OLD None NEW None REPORT COMMI~ION: Chair Kwok reported that a meeting was scheduled for September 12th for the element. Honsing Committee: Patnoe reported a meeting is scheduled for September 13th. Mayor's Breakfnst: the September I ith meeting. DISCUSSION OF NEWSPAPER Mr. Piasecki said he had no additional reports, other than noting the article about the suggestion and possibly taking up an ordinance limiting the house size in Garden Gate. ADJOURNMENT: The meeting adjourned at~0:07 p.m. to the regular Planning Commission meeting at 6:45 p.m. on September 24, 2001. Respectfully Submitted, Elizabeth Ellis Recording Secretary 10:300 Torr~ Awnuo CUl~ino~ CA 95014 CITY OF ~AX ~40S) 777-~ SUMMARY AGENDA NO. AGENDA DATE October 1,200 i SUMMARY: REZONING from RI-10 to P(RES), USE PERMIT to demolish an existing house and construct 9 single-family townhomes, and a TENTATIVE MAP to subdivide a 1.04-acre parcel into 9 townhome lots and 1 common lot ( Exhibit A). RECOMMENDATION: At its September 10, 2001 meeting, the Planning Commission recommended approval of: 1. Negative Declaration, file no. 14-EA-01, on a 5-0 vote, 2. Rezoning, file no. 06-Z-01, on a 4-1 vote (Kwok rio), 3. Tentative Map, file no. 03-TM-01, on a 4-1 vote (Kwok no), and 4. Use Permit, file no. 0S-U-01, on a 4-1 vote (Kwok no) per the model resolutions. BACKGROUND: AppUeation Nos.: 06-Z-01, 0S-U-01, 03-TM-01 (14-EA-01) Applicant: R&Z Development Property Owner: R&Z Development Property Location: 20075 DePalma Lane Project Data: General Plan Designation: Med./Low. Density Residential 5-10 d.u./gr, ac. Existing Zoning Designation: RI-10 Proposed Zoning Designation: P(RES) Gross Acres: 1.18 acre (51,202 square feet) Net Acres: 1.04 acre (45,200 square feet) Residential: Dwelling units: 9 Unit type: attached units Site density: 8.65 d.u./gr, ac. Building Area: 21,901 square feet Site FAR: 48.5% Parking ratio: 4 spaces per dwelling Stories/Height: 2 stories/29' 4"' Coverages: Buildings: 31% Driveway & Parking: 22% Walk-ways: 1% Landscaping & Pathway: 46% Front Setback: First Story Second Story Rodrigues Ave: 22 feet 30 feet Regnart Creek: 15 feet 21 feet Side Setback: First Story Second Story East Side: 7 & 12 feet 20, 23 & 30 feet West Side: 25 feet min. 36 feet min. Project Consistency with: General Plan yes Zoning n/a' Environmental Assessment: Negative Declaration DISCUSSION: Pro/ect Descril~tion The proposed project consists of nine townhouse units arranged in three building sets with one set of two units facing Rodrigues Avenue, one set of four units facing Regnart Creek and a middle set of three units. AIl of the vehicular access is taken offofRodrigues Avenue instead of using the rear access off of De palroa Lane. The project incorporates a publicly accessible pedestrian path from a small open area fronting Rodrigues to a trail segment planned along Regnart Creek. This trail segment will either connect to the sidewalks on De Pa/ma Lane or follow the creek out to Blaney Avenue. Eventually, the trail may link up with the Regnart Creek trail being planned in conjunction with the Civic Center project. The units have been designed to minimize the second story elements with greater side setbacks and placement of the. second story building mass toward the center of the buildings. Side-fhcing, 2"d-story, windows were eliminated from the design to protect privacy. The units fronting Rodrigues Avenue are planned to incorporate low wrought iron fencing and porches to provide a more interesting traditional streetscape. Densit~ and Buildin£ Massin~ The project equa!s a density of 8.65 units per gross acre and a floor area ratio (FAR) of 48.5%. The General Plan allows up to 10 units per gross acre. Neither the zoning or general plan specifies a maximum floor area ratio, however, the City Council has limited the FAR of single- family detached developments, even small lot developments, to an average total FAR of 45% (e.g. the Homestead and Maxine Drive residential approval), but approved higher FAR's for attached housing (e.g. 59% FAR for College Villa on Stelling Road). The adjacent duplexes to the east have a density of 7.58 units per gross acre and the single 'family cluster units to the west have a density orS.0 units per gross acre. The project proposes that 46% of the site be devoted to landscaping, yards and pathways. The adjacent developments have approximately 64% and 58% in open areas. Traffic There is one existing single family home on the property so the project represents a net increase of only 8 units. Public Works staff felt this is a nominal increase and did not require a traffic report. Staff estimates the project will generate only 80 additional trips on Rodrigues Avenue. The street capacity should be able to easily absorb this increase. The two units fronting on Rodrigues Avenue will back out onto the street. This is a orientation that is common to the other duplexes arranged along Rodrigues Avenue and should not pose an undue safety hs7srd. Site Design to Lessen Storm Water Flows The project has been designed so that a portion of the stoiiii flows are diverted to an open rock swale in order to meet new mandates from the San Francisco Bay Regional Water Quality Control Board to reduce nonpoint source pollution through greater detention of storm waters on properties. Excessive storm flows that cannot be detained and filtered onsite will flow into a storm inlet that leads to the City sto~al drainage system. Pedestrian Path The applicant will be maintaining the trail connection between Rodrigues Avenue and Regnart Creek. Staff would like to give the applicant the option of developing it with asphalt or crushed Public Comments: Three members of the public spoke against the project. Another public member expressed some concerns about some aspects of the project (Exhibit B). Planning Commissioner Comments: Commissioner Kwok felt the proposed density was too high for the neighborhood, even though the density was consistent with the General Plan residential density range of 5-10 du/gr. Ac. Commissioner Patnoe felt the chimneys were too tall and awkward in appearance and suggested their removal. The architect said they were part of the residential lexicon, but he could delete them and vent the gas fireplaces some other way. Commissioner Patnoe dropped his proposal when he found no support for it among the other commissioners. The Commission recommended approval of the proposal on a 4-1 vote (Kwok no). Enclosures: Planning Commission Resolution Nos. 6104, 6105, 6106 Ordinance No. i887 Exhibit A: Planning Commission Staff Report dated 9/10/01 Exhibit B: Planning Commission meeting minutes dated 9/10/01 Prepared by: Colin Jung, Senior Planner ~~,~Submitt by: . Dav~d ~.~appAppr°ved by: Director of Community Development City Manager g:planning/pdreport/cc/cc08u01 1, 2001 Cupertino City Council Page 3 EXHIBIT D R~b~t I.~-,,y, 10802 %V;.1L:--,,on Av~uo, naked how th~ Director Ralph Quails exp!ai,ed that the park fee is based on a state law, enables local governments to assess residential developments for parkland said that the intent is to provide for the dedication of property and that the pays a certain amount of money per unit. He said that the money is put into a to ) or renew park pwperty and must be spent near the development that would serve. Lowenthal adopt Resolution No. 01-212. Burner seconded and the motion · carried 4-0. PUBLIC HEARINGS 7. Authorize the' ! housing revenue bonds in the principal amount not to exceed $1.6 and approve a loan of bond proceeds to Cupertino Community Services (CCS), and further include: a) Approve in substantially final the Indenture of Trust, Loan Agreement and Regulatory Agreement, and 2ovenants b) Authorize the designation of E. and Associates as financial advisor and Quint and Thimmig LLP as c) Authorize the City Manager to execute deliver these and other related documents as necessary Administrative Services Director Carol Mayor James opened the public hearing. There were no the public hearing was closed. Lowenthal moved to adopt Resolution No. 01-213. Chang the motion carried 4-0. 8. Appeal of Planning Commission approval of Application No. 14-ASA-01, architectural and site approval for lighting, color, materials, landscaping and features of an approved apa~hnent building at LOt I, Tract 7953, Cupertino City (APN 369-01-029). The applicant is the Stevens Creek Apa~u,,ents (Verona). The was filed by Couneilmember Don BurneR. Bumett moved to continue the appeal to October 15, 2001. Lowenthal seconded and thc motio~ c~,rried 4--0. ---~ 9. Approve usc permit to construct 9 single family townhomes on an approximately one acre parcel and rezonlng of an approximately one acre parcel from Rl-10 to P(Res); and approve a tentative map to subdivide an approximately one acre parcel into nine parcels ~tober 1, 2001 Cupertino City Counc'fl Page 4 for a townhome development; Application Numbers: 0S-U-01, 06-Z-01, 03-TM-01, 14- EA-01; R&Z Development. The project is located at 20075 De Palma Lane; APN 369- 32-003. A Negative Declaration is recommended, and this item is recommended for approval. A. First reading of Ordinance No. 1887: "An Ordlnance of the City Council of the City of Cupertino Rezonlng a 1.04-Acre Lot from RI-10 to P(Res) to Allow 9 Single-Family Townhouses Located at 20075 De Palma Lane." Senior Planner Colin Sung reviewed the staffreport. The following people spoke in OPPosition to the project: Lucy Lien, 20172 Rodrigues Avenue Rex Tsu, 20212 Rodrigues Avenue Dan O'Keefe, San Clemente, CA Vicky Yutronic, 20162 Rodrignes Avenue Tony Fong, 20182 Rodrigues Avenue Marie (}atto, 20072 Rodrigues Avenue Their comments included concerns about density, traffic, cutting through private property with a public pedestrian walkway, rezoning issues, and that the design is incongruous with existing development. Glenn Calhoon, the designer of the project, spoke in favor of the pwject. He reviewed the design in further detail. Chang said he thought the project was too dense and that constructing one or two units less would be more balanced with the existing houses. He said he wouldn't support the project as currently presented. Bumett said that the density in the design was high, but that there is a housing need. He said that the design was harmonious with the existing houses and that he would support the pwject. Lowenthal agreed that the pwject was dense but that it was a graduated density. He said he liked the trail. He also said that Cupertino residents want affordable housing and this is one way of achieving that. He said he supported the project with some reservations. James asked about rezoning requirements for the project. Sung explained that the current zoning of R1-10 would allow a single-family house on a 10,000 sq~Are foot lot, which is inconsistent with the General Plan designation. The zone change would bring the project into conformance with the General Plan. · "' .'. :'." ' ./ October 1, 2001 Cupertinb City Council Page 5 ~.~ f~'.~'.'.~:t'.:';f ~'~'.: .'...",.~f ': Sames said that one benefit of the proposed development is flaat flae houses are for sale. · ... She said that she would !i~e staff to work with the applicant and bring back a design that :' everyone could agree with. .... ',"~' Council agreed to continue this item to allow more discussion between the applicant and · / staff to find a workable solution. Chang moved to continue the item to November 19, 2001. Bumett seconded and the motion carried 4-0. PLANNING APPLICATIONS UI'q'FINISIIED BUSINESS NEW BUSINESS 10. Tentative map to subdivide a 4.15-acre parcel into 56 lots and common areas for a 56-unit town home development (public hearings for use permit and zoning were previously scheduled). Application Number: 02-TM-01 (06-EA-01). The applicant is Summerhill Homes and the project is located at 10120 Imperial Avenue. A Negative Declaration is recommended, and this item is recommended for approval. Senior Planner Vera Gil reviewed the staff report. Mayor James was absent fi'om the Council Chambers. Community Development Director Steve Piasecki explained that the applicant, Sununerhill Homes, was not involved with the project anymore. He said that the property owner still wanted to pursue the development with the consent of the applicant, and would probably look for another residential developer to build the project. He said this tentative map was the final step needed to move forward in the process. If any changes were made to the design then the applicant would need to go through the entire plavning process again. Alan Chamorro, the property owner representative, said that they are committed to move forward with the project as is. Mayor James re-entered the Council Chambers. Lowenthai moved to approve the application. Chang seconded and the motion carried 3-0 with Mayor James abstaining. Burner moved to approve thc negative declaration. Chang seconded and the motion carried 3-0 with Mayor Sames abstaining because she had not been present for the discussion. ..Cc, er, o..f} o .'i': EXHIBIT F October 18, 2001 Dear City Council members: As concerned Cupertino homeowners in the Rodrigues, De Palma and Las Onas area we request postponement of the discussing of the Compo de Lazano project to a latter day. The developer has slipped the meeting to October 30~ with our eorarnunity group. We feel that it will not allow ample time to review alternate proposal from the developer prior to the No~ember 19t~ Council Meeting. I~ ~ Z Exhibit:Ch D~-VELOPMENT 20075 DE PALMA LANE CUPERTINO APPLICATION: 9 ATTACHED TOWNHOUSES 1.18 gr. acres PROJECT CHRONOLOOY MARCH thru JULY, 2001 Meet with City of Cupertino Planning Dept. Info~iiml meetings with some neighbors Feasibility & land purchase Low to medium Density - G-eneml Plan Designation (1979) Stated yield = 11 units Direction from Planning Department Approx. 6 plan revisions for Planning Department JULY 26, 2001 Final Plan for Application 9 units - Mid range yield for General Plan designation City architect approval & recommendation Well designed exterior elevations & project layout Trail System incorporated Face southern homes toward Creek Large setbacks Extensive common area, screening, & landscaping Adequate parking Negative declaration for traffic impact Planning Department Recommendation & Support JULY 30, 2001 Neighborhood Outreach: Letters to 25 surrounding neighbors south of Rodrigues with offer to review plans. Four responses; met personally with homeowners. Only concerns were no access from DePalma (not applicable- access only from Rodrigues); retain pine tree (included in plan); location of site parking (site plan revised); one neighbor failed to keep appointment or set new appointment. SEPTEMBER 10, 2001 Planning Commission Approval Recommendation 4 to I Pag~ 1 of 2 BUS: 408-252-1101; FAX: 408-252-5435 21771 Stevens Creek Blvd., Suite 100 · Cupertino, California 95014 z~ '~ OCTOBER 1, 2001 City Council Meeting - Item continued to November 19, 2001 Work on neighborhood concerns: Trail System OCTOBER 30, 2001 Neighborhood Meeting at City Hall 11 homeowners represented Concerns: Trail system; uails through DePalma Lane; want 6 single family residences; italic. Some neighbors support project, others do not R & Z Development Co. modified plans as follows: 1) Reduced. footage & building mass. (Note: Reducing sq. footage results in a 45% FAR including garages vs. 44% FAR by eliminating one unit. 2) Increased common area (Pervious common and private landscape areas are at 50% of project. 3) Increased setbacks 4) Adjusted some parking locations 5) Added grass cells to parking areas 6) Enhanced landscaping at fence, trail, & parking 7) Expanded pavers to driveway areas to break up asphalt appearance In addition to above referenced amenities and the fact that the project will be an outstanding addition to the area, R & Z Development Co respectfully requests approval of nine unit townbomcs for the following key reasons: 1) Provides more affordable for-sale housing for Cupertino 2) Meets general plan criteria appwved in 1979; follows planning depa~h~,ent developmeht direction and support; has Planning Commission recommendation. 3) Attached cluster housing provides for open space areas and relatively large setbacks' from adjacent properties. 4) Provides more fees for low income housing, park funds, and schools. 5) Prov/des for a feasible project and economies of scale based on 9 units that more equitably spreads the expense of mandate! impwvaments such as common areas, trail system, and landscap/ng. 6) Well designed community asset Page 2 of 2 BUS: 408-252-1101 · FAX: 408-252-5435 21771 Stevens Creek Blvd. * Suite 100 · Cupertino, California 95014 The Michelis F~mily 20072 Rodrigues Avenue Cupertino, Ca 95014 Dear Michelis Family:. We are c .u~re~y in the process of preparing plans and submitting application to the City .of Cupertino for the residential development on the property located at 20075 DePalma Lane in your neighborhood. The project will access offRodrigucs Avenue and consist of nine high quality townhomes together with common area driveway, pede~h-lan & bicycle paths, and greenbelt arc& Should you have an interest in viewing the pisn~ for this development, please contact us at your earliest convenience. Very truly yours, ' . . ~1/.~ Mark Roberts BUS: 408-252-1101 · FAX: 408- 252-5435 1601 S. De Anza Boulevard · Suite 101 · Cupertino, California 95014 ~.") -,~ O E-9-1=-L--U--I"'-I~-I= N T Novombe~ 14, 2001 TONY & JUDY FONG 20182 RODRIGUES AVENUE CUPERTINO, CA 95014 DEAR MR. & MRS. FONG: Thank you for your time and inl~rcst in aRending the neighborhood meeting on October 30, 2001 for th~ towahouse project offRodr/~es Avenue. We appreciated your comments and concerns and although we are not able to meet your desire for six single family detached homes, we have mod/fled the townhouse concept by reducing the size of the units thereby l~lucing it scale; increasing setbacks; increasing the common area; and adding to the landscaping to buffer the trail element. This approach allows us to scale down the project and still provide more affordable housing units while being in conformance with the ordinances and guidelines ofth~ City of Cupertino. This matter will be heard again before the City Council on November 19. Should you have any questions, please do not hesitate to contact us. BUS: 408-252-1101 · FAX: 408-252-5435 21771 Stevens Creek Blvd., Suite 100' Cupertino, California 95014 INM:X, ~ DATA & C3'elI, ENGfNEER~'S DRA.WINGS PRELIMINARy GRADING ~ ZANO CAMPO de LO ARIEL PHOTO srrE PL,~ BETWEEN RODRIGUE$ AVENUE .and 200'/5 DE PALMA LANE CUPERT~O CALIFORNIA ~ ONFI' C FLOOR PLANS UNIT A KX'I'ERIOR ELEVATIONS ~ ARBORIST RIt,,FOgr k0DRIGUES & DE IiALMA LA. NE '" i UTGTA LOWL"u 1,111'q.ft, L ~L~h~ '1 ~ ' :~--~--~ ~-~-~~ % ..... I. ,~I'HALT ~ $1BNC31.E ROOFING " 1 ~ ~ ~ ;~;~...~:,~:;~....~ ..~ r. · . ~ ..... ~,. ! )z .... ~~ ~ ..~....,.~.~. . ~~.w.:-~.~, · ~ _. · ... ... · ~ ~ ~.~'~}:: ~ ' . ~ ~ ,.- . . ~-.,, ~ ~ ..... , _ .~.~ ~ -- ~-~ , ~ .)'.. ' 7 '? ~: ~.-~ ;: .... . :- · . . ~ : ':.. : :~:~ ........ ' .........~' ~ ... '~"~ ~ ..... ' . ~,: ~ · · ' : 7~."--. ." . ' 7', _ , ~/~ , . ....... ..,'... ...... ~ ~ ~,~~ ROD~GUES CLUSTER ELEVATION Klmberly Smith From: Richard Lowenfhal [richard~lowenthal.com] Sent: Thursday, November 15, 2001 1:38 PM To: Dave Knapp; Kimberly Smith Subject: FW: R&Z Development - De Palina Lane/Rodrigues Ave RECEIVED ~T. ~lnv"~ 5 ~'001 RT. ' ..... Original Message ..... From: Rex Tsu [mailto:rextsu@home.com] CITY OFCUPERTINO Sent: Thursday, November 15, 2001 10:30 AM To: sjames@cupertino, org; rlowenthal@cupertino, org; mchang@cupertino.org; patrickskwok@aol.com; dolly@dollysandoval, com Subject: Re: R&Z Development - De Palma Lane/Rodrigues Ave Our names are Rex Tsu and Teresa Tsu and we are the residents living on 20212 Rodrigues Ave. Cupertino. We ask you to vote against the R & Z Development on November 19th and for these critical reasons. There is unanimous opposition to it by the neighborhood because of its building mass of 21,901 square feet and its inclusion of a trail. The trail presents a public safety danger and the loss of resident privacy, the Planning Department's defense of it notwithstanding. The building mass of 21,901 square feet must be reduced to 14,000 square feet to blend with the existing density, long established on the south side of Rodrigues Avenue. Obviously, the R&Z plan clashes with the integrity of our neighborhood. Please understand that we are not opposed to development as long as it is reasonable and takes into consideration neighborhood values. There are two additional reasons for contacting you. we are taking a moral, personal interest in what is right for the city and the neighborhood where we have lived for 14 years and we are acting on that interest in a responsible manner. Secondly, we do not think that the Planning Department of the City of Cupertino has represented our neighborhood's interest reasonably or fairly before the Planning commission, the City Council, or during the neighborhood, developer, planning department meeting of October 30, 2001. The Planning Department's methods, and, more importantly, the R&Z Development, have formed our strong commitment of opposition. The integrity of our home, its value, our neighborhood, and our trust in a responsible process that enhances the quality of life in Cupertino is what is at stake. This is why we are contacting you. Thank you for your kind attention. Sincerely, Rex & Teresa Tsu Klmbedy Smith From: Richard Lowenthal [richardQIowenthaI.Gom] Sent: Friday, November 16, 2001 7:00 PM To: Kimberly Smith Subject: FW: Rodrigues Ave. Development by R&Z Development Klm, Can this be on our dias for the discussion Monday night? Thanks, Richard ..... Original Message ..... From: Jack Wedgwood [mailto:jwedgwood@asset-strategies.com] Sent: Friday, November 16, 2001 2:51 PM To: 'sjames@cupertino.org'; 'rlowenthal@cupertino.org'; 'mchang@cupertino.org'; 'patrickskwok@aol.com'; 'dolly@dollysandoval.com' Subject: Rodrigues Ave. Development by R&Z Development First of all, Congratulations to Patrick and Dolly for your election to the Cupertino City Council! And to you, Sandra, for your reelection! I look forward to a continuation on the progress and attention to the development of Cupertino! I am Jack Wedgwood. My wife and I have lived at 20137 Las Ondas Way for the last 30 years. When we moved here, we could see the firehouse on Stevens Creek Boulevard, and the lands between us were covered with flowers, a commercial seed production business, I believe. If you have had occasion to look at the proposed development site, we own the home on the south side of the creek with the white fence. I attended the meeting at the City Hall with the neighbors who were voicing their concerns about the development, particularly the density and the path through the property to the creek. I would like you to know that not all neighbors are opposed to either the density or the pathway. However, in fairness to the vocal opposition, please note that I am on the south side of the creek, and my baokyard faces the development being proposed. Access to the creek will not be behind my b~ckyard fence. But I will be looking across the creek at whatever is built to face the creek. And my fence is a picket style, deliberately left partially open so that I might take advantage of the view of the (currently) open space across the creek from me. I would like to express my opinion about the two major issues. 1. Density. I understand that the proposed density is a greater square footage of dwelling per acre foot than the existing neighbors. In my opinion, however, I think the developer has minimized the visual impact of that square footage to the advantage of neighbors on both sides and behind (south, where I am located.) The neighbors clearly favored a six house development over the 9 Dnit townhouse proposal. For comparison, I looked the the development on Blaney across the street from the Biltmore apartments. I paced the street frontage of both the Rodrigues parcel and the Blaney parcel. I estimate the Blaney parcel to be about 10 to 15 feet greater than the Rodrigues street frontage. If a development similar to the Blaney parcel is done on Rodrigues (which is what the neighbors seem to want) the backyards would likely not exceed 20 feet deep, and the two story houses would almost certainly be looking down into the back yards of both the east and west neighbors. From my own standpoint, I would rather look at the front entries of the townhomes than the two story sidewalls of houses similar to the Blaney development. I would encourage the Rodrigues neighbors to look closely at the Blaney development to see what they likely would have next to them. I find the apprearance of the proposed development to be very superior to that of the Blaney arrangement on homes. And what is the price of this lower density? Are we beter off with 6 homes priced at $1,250,000 equaling $7,500,000 or with 9 townhomes priced at $833,333 which also equals $7,500,000? I realize that in this valley and in Cupertino, six buyers of $1.25M homes will be found. But wouldn't we be better off with nine buyers of $833K homes? Maybe we could pave the way for for slightly lower income familys to live there, maybe teachers, or firemen, or someone who works in Cupertino but otherwise couldn't afford a new home in Cupertino. I know it is the objective of the council to make available some lower priced homes when possible. I believe this is one of those times. 2. The Trail. The west side residents are concerned about public safety and the loss of privacy if a trail wih public access runs behind their fences. Once again, I think this is a question of the greater good. Is their right to privacy and possible inconvenience greater than facilititating access to a trail along he creek, especially a trail which does not exist at the present time? Once again, planning for the longer term comes into the equation. This past weekend I walked from Miller Ave, through the park (sorry, can't remember the name) along the paved pathway beside the creek to East Estates Drive. Then it was west on LaMar to Blaney. There is a wide bank on he north side of the creek between East Estates and Blaney, and there could be access all the way to the City Hall along the creek, unless the "private road" at the end of DePalma Court cannot be made available for foot traffic. I realize that a channelized creek is not as pretty as a natural creek, but we can't change that now, and the creek could be a pleasant place to walk from the City Hall to Miller Avenue if the cooperation of the Santa Clara Water District could be obtained. One of the neighbors commented at the meeting, "Who would want to walk along that stupid creek, anyway?" Well, I for one would choose the "stupid creek" to walk in preference to the sidewalks of Rodrigues! Anytime I can walk next to cars, or away from cars, I choose the latter. I don't think I'm alone in that choice of creek over cars. Thank you for your careful consideration of this development. You must listen to the neighbors and their desires. I encourage you to also remember the "greater good" of the community in general. Please know that at least some of us consider the greater good to be nine units at a substantially lower price over six units at a much higher price. And that preserving the ability to get to a creek for a walk is a worthwhile objective. Thank you for your attention, and welcome Dolly and Patrick to the Council! Sincerely, Jack Wedgwood City of Cupertino 10300 Torrc Avenu~ Cupertino, CA 95014 CITY 01: (408) 777-3308 CU PE INO (4o8 777-3333 Community Development Department SUMMARY Agenda Item No.: ~ ~ Agenda Date: November 19. 2001 Application: 07-Z-01 Application Spmmary: Rezoning of approxim~_tely 20 acres from ML (Light Industrial) to P(ML) (Planned Development Light Industrial) to comply with a General Plan requll~,,,ent allowing a previously approved t~,nsfer of floor area ratio credit from an adjacent parcel RECOMMENDATION: Planning Commission recommends: I. Approval of 07-Z-01 Applicant: Grosvenor California Limited Property Owner: RWC, LLC Property Location: Results Way, Cupertino, CA BACKGROUND: On August 27, 2001, the Plann/ng Commission reviewed an application from Grosvenor California IJmited to transfer floor area ratio development credits from a parcel located on Imperial Avenue to parcels located on Results Way. Subsequent to thc Plat-wlng Commission review, thc City Council approved the transfer on Septe,r, ber 17, 2001. The transfer of thc FAR. allowed thc property owner, RWC, LLC, to sell the Imperial Avenue parcel to a developer to develop 56 housing units. DISCUSSION: This tra-sfer of credit is encouraged in the general plan as an incentive to industrial developers to sell underutilized property to residential developers. The General Plan states that in order to accomplish the transfer of credit the property must be zoned Planned Development. Since the Results Way property is zoned MI, (Light Industrial), a rezoni-g of the property to P(ML) (Planned Development, Light Industrial) is necessary to complete the transfer process. O:~Planning~PDREPORT~CCMc07z01 .doc The Planning Commission reviewed application 07-U-01 on October $, 2001 and is recommending approval of the application to the city council. Prepared by: Vera C-il, City Planner Submittod~by:,..- "-~1 Approved by: D [ W. Knapp Director of Community Development City Manager EnclosuFes: Ora;n~nce No. 1890 plsnnln~ Co,,,i,,:uion Resolutions No. 6112 ' Plannin~ Cw,~t~,:*sion Minutos from Ootober 8, 2001 F. yh,~it A - Zoning Plat F. xhibit B - Legal Description ORDINANCE 1890 AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF CUPERTINO REZONING APPROXIMATELY 20 ACRES OF PROPERTY LOCATED ON RESULTS WAY FROM ML(LIGHT INDUSTRIAL) TO P(ML) (PLANNED DEVELOPMENT LIGHT INDUSTRIAL). ~AS, an application was received by the City (Application No. 7-Z-01) for the rozonlng of property located on Results Way fi'om ML(Light Industrial) to P(IVIL) (Planned Development Light Industrial); and WHEREAS, the rezon{n§ is consistent with the City's general plan land use map, proposed uses and surrounding uses; and WHERR~5, upon due notice and after one public hearing the planning Cowmission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of thc subj~t property is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map of the City of Cupertino, NOW, TI-IF. REFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A is hereby re, zoned to P(R]~S); and is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days at~er its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of November,' 2001, and ENACTED at a regular meeting of the City Council of the City of . Cupertino the day of ,2001, by the following vote: Vote Members o__f tho City Council AYES: NOES: ABS~.NT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino G:~Planning~ORD\Ord1890.doo CITY OF CUPERTINO 10300 Tone Avenue Cupertino, CA 95014 (408) 777-3308 PLANNn~G CO~ON ~.n ON O~O~ s, 2oo~ S~ TO ~ ~G RO!.L C~ Co~ission~ p~t: Au=~h, Che~ Cow, P~, Chai~on Kwok S~p~sent: Ciddy'Wo~=ll, Ci~ Pl~n=~ ~lin Jun~ Senior Planer; ~ileen Mu~y, ~PROV~ OF ~S: ~ minu~ of~= S=~m~r 10, 2001. me=lng of~= Pi~ning Commission ~ appmv~ = ~=nd=d at ~e S~b=r 24, 2~1 Pl~ing ~mmission me~ing. Com. Cow n~ ~t on P~ 15, ~e motion ~ould ~: "Com. Aue~ch ~ov=d ~o =ppro~ MORON: Com. Cow mov~ appmv~ of ~= S=p~m~r 24, 2001 Pi~nin~ Commissio~ minu~s = ~end~ SECO~: Com. Au=~h VO~: P=~d 5-0-0 ~ CO~CA~ONS: None O~ CO~CA~ON: None POS~O~~OV~ ~OM 3. Application Nos.: 07-U-01 Applicant: Tom S~er ~ Co. for M~S) ~tion: 10602 No. Po~ Avenue Us= p~it ~ cons~ct ~= ~t p~el ~ on a monocle =d four ou~oor ~uipm=nt ~in~. Pl~ing Comm~sion dec~ton ~ ~less ~ale~ Cont~n~d~om Pl~n~n~ Co~s~on meetin~ of ~e~emb~ ~4, 2001 ~st ~s~one~nt to ~tobe~ 22. 2001 Pl~n~n~ Co~sion meetin~ Planning Commission Minutes 2 October 8, 2001 .... 5. Application No.: 09-U-01 Applicant: C-ary Schmidt Location: 19961 So. Blaney Avenue Use permit for continued use ora shopping center parking lot for car storage planning Commission decision final unless appealed. ~quezt po~oonement to October 22, 2001 Planning Commission meeting MOTION: Com. Pamoe moved to poa~pone Application 0T-U-01 and Application 09-U-01 to the O~tober 22, 2001 Planning Commission meeting SF_~OND: Com. Chert VOTE: Pas~xl 5-0-0 CONSENT C~AR: l~one 2. Application No.: 07-Z-01 Applicant: Grnsvenor California Limited Location: 10120 Imperial Avenue & Results Way Rezoning ofapprox. 20 acres from Light Industrial to Planned (Light Industrial) to provide for a previously approved transfer of office square footage from an adjacent parcel. Tentative City Council date: November 5, 2001 Staff presentation:. 1~. Ciddy Wordell, City Planner, referred ~o the zoning plat map, and illustrated the looations of the parcels. She reviewed the background of the application, noting the actions that transferred the industrial development from the Summerhill residential property to the Bubb Road property; a condition of approval that it had to be zoned planned development. because transferring square footage involves planned development. Ms. Wordell pointed out that the development was on hold since the Summarhill developers did not follow through on the option they had for the property. She said the un permit goes with the land and is valid for two yearao Chair Kwok opened the meeting for public input. M~. Ann Anger, resident, tn~pressed concern that the pamel was now light industrial, and said that she was pleased when the parael was going to be developed into 56 townhomes. Ms. Wordell clarified that the pereals are zoned light industry; however, the residential per, el will not be zoned light induatry; the three parcels will be changed to planned light industry and the top parcel rezoned to residential. She said it was not changing the uses, only accommodating a transfer of square footage. In. response to Ms. Anger's question, Com. Corr explained that the 56 townhome ' ' parcel is atill zoned for residential and clarified that the 20 acre parcel was the former Measurex parcel, now the Groavenor property. Ma. Anger raid she looked forward to the groundbreaking of the townhome project. Chair Kwok closed the public baring. Planning Commission Minutes 3 October 8, 2001 ~ MOTION: Com. Auerba~h moved to approve Application 07-Z-01 " SECOND: Com. Corr VOTE: Passed 5-0-0 Ms. Wordell said the item would be forwarded to City.Council on November 19, 2001. 4. Application No.: 10-U-01 Applicant: Dioo~se of San Jose (St. Josephs of Cupertino) Locatinn: I01 I0 No. DeAnza Boulevard Use permit to construct to construct an appwximately 2,100 square foot conference building and covered walkway at an existing church Planning Commission decision final unle$.~ appealed Chair Kwok noted for the record that he was a member of St. Joseph's Church of Cupertino; 'but had no financial interest in the item. Staff oresentation: Mr. Colin lung, Senior Planner, said the use permit was for St. Josephs Church to build a small conference building on their property; square footage of 2,100. He said issues analyzed for the staff report include parking, trees, architecture, building materials and pedestrian access. He reviewed the application, noting the location of the proposed conference building, the layout of the other buildings, the landscape plan and parking area. He noted that they exceeded the required parking of 132 spaces, with 154 spaces. Mr. lung said that a condition ofapprova! is that the applicant hire an arborist to review the impact of the landscape improvements on the cedar trees. He also reviewed the site and architectural design as outlined in thestaff report; and said that staff was recommending a condition requiring an 8 foot wide pedestrian pathway across the asphalt, composed of colored, stamped concrete or pavers. Staff recommends approval of the project. Com. Auerbach questioned n possible raised walkway, that would elevate the pedestrian area and act as a speed bump, similar to speed reduction methods used in some neighborhoods, and to make the pede--~ms more visible. Mr. J~ing said he did not foresee any problems, as long as it was fiat on the t~p; and that they had to be weary of handicapped access. He said there was no handicapped ramp on the bank side and a ramp would affect the tree..He said that they could require n handicap ramp with some later application at the CoAmerica Bank. Com. Auerbach referred to the expanded site plan, and noted that there was a lot of ingress and egress off l~Anza Boulevard. He questioned if the illustrated area would be more useful and attractive as a park area as there was plenty of area for a second row of parking to narrow the drive..He said his concern was mostly an aesthetic one and suggested that city beautification do something with tho area. Mr. lung said that he was not certain if the easements would allow for narrowing the driveway more than it is. at present. Chair Kwok said that he was familiar with the area, and said that church activities are minimal during the week and there was no reason for through traffic through various areas in the church property; he illustrated the parking areas for church parking. ' ZONING PLAT MAP JOHANSEN ~ .~ REZ~E: 19.g~ A~ES 161' U 46 , ~DS DE'BED W ~ ~: PD U~T INDUSm~ ~MENT B 662 OR 47 L~DS OF h ' ST~HIN n 439 M 12-1~ P~NT ~ ~ MCCLELLAN ROAD ~:~' BE~NNING BKF z PLAT MAP ~ ~ ~,~ IMPERIAL AVENUE =z~ CUPERTINO. CALIFORNIA ~ ~" Dr~ ~ Checked TJE ~proved TJE Job ~. 20~312-10 Date 08~1~1 Sheet 1 of I · '. BkF '"" ..... :.., EXHIBIT B ENGINEERS ~ SUI~VEYORS ~ PLANNERS BKF lob No.: 20000312-10 DF_~CRIFITON OF AI~..& TO BE REZONED Ail that real Pmpeu~ situ.te in the City of Cupertino, County of Santa Clara, State of California, being ail of Parcels 1, 2 and 3, as said parcels are showa on that ce~ain parcel mnp filed for record on April 12, 1978 in Book 439 of Maps at pages 12 and 13 in the Office of the Recorder of Santa Clara County, and being a portion of the lands described in that certain 'document recorded on October 14, 1975 in Book 662 at page 46, in the Office of the Recorder of Santa Clara County and being more particularly descn'bed as follows: BEGINNING nt the southwesterly comer of said Parcel 1; thence along the westerly line of said Parcels 1, 2 and 3 North 00°01'00" West, a distance of 1315.32 feet to the southwesterly comer of the lands described in said document; thence along the westerly line of said lands 00000'33'' West, a distanco of 318.23 feet; thence leaving said westerly line South 89057'36'' Fast, a distance of 273.99 feet to the easterly Unc of said lands;, thence along said line and the easterly line of said Parcels 2 and' 3 South 19006'48'' East, a distance of 1386.44 feet to the most easterly corner of said Parcel 2 and the be~nnlng of a non-tangent curve to the left from which point a radial llne bears South 47030'32'' East; thence along said curve having a radius of 387.00 feet, through a central angle of 42037'20'', an arc length of 287.89 feet; thence South 00007'52" Bast, a distance of 9.62 feet to the be~nning of a tangent curve to the right; thence along said curve having a radius of 50.00 feet, through a central angle of 90°00'00", an arc length of 78.54 feet; thence. South 89°52'08' West, a distance of 576.04 feet, to the POINT OF BEGINNING and containing an area of 19.87753 acres, more or less. A plat showing the above-described parcel is attached hereto and m~d~- a part hereof as "Exhibit B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. ~~ City Hall 10300 Torte Avenue Cupertino, CA 95014=3255 Telephone: (408) 777=3223 FAX: (408) 777-3366 CUP[~INO Website: www.cupertino.org OFFICE OF THE CITY CLERK Agenda Item No. ~ Meeting Date: November 19, 2001 SUBJECT AND ISSUE Selection of application deadlines and interview dates for an unscheduled vacancy on the Planning Commission. BACKGROUND Commissioner Patrick Kwok was elected to the City Council on November 6, 2001 and resigned his term on the commission. The term of this unscheduled vacancy expires on January 15, 2003. As required by law, the City Clerk's office posted a Notice of Unscheduled Vacancy within 20 days of the occurrence of the vacancy. The Notice announced that applications are now being accepted to fill the partial term. The local news media will be advised and the vacancy notice placed in the Cupertino Scene and posted on the City Channel. STAFF RECOMMENDATION Staff recommends the following dates for the filing deadline and interviews: Deadline for applications: Friday, December 14, 2001 Council interview of applicant: Monday, Sanuary 14, 2001 $:30 p.m., ¢onfm'en¢~ room A Submitted by: Approved for Submission to the City Council: Kimberly Smith~i~ Clerk David W. Knapp, City Manager CITY OF CU pER, IN0 PARKS AND RECREATION ADMINISTRATION STAFF REPORT Agenda Item Number ~ Agenda Date: November 19, 2001 Commission Appointment Process The City Council articulated the goal of investigating the formation of a Teen Commission in the 2001 work program. After researching models from other cities, staff forwarded a resolution establishing a Teen Commission to the City Council at the regular meeting of September 17, 2001. The resolution called for the appointment of 12 members; the council did not vote on an appointment process, but staffdid note their comments regarding appointment of commissioners. A transcript of council comments is attached. Immediately following the adoption of Resolution 01-199 (attached), staff recruited teens and solicited applications for the Teen Commission by contacting the schools, and by direct mail to participants in Tomorrow's Leaders Today, participants in programs offered by the Parks and Recreation Department, the teen volunteer program, and the Skate Facility Ad Hoc Committee. Since the Teen Commission year runs with the school year, it was staff's intent to get the group working as soon as possible. The Council met on October 15 to interview perspective Teen Commissioners prior to the regularly scheduled Council meeting. Before conducting interviews, Councilmembers briefly discussed staff ranking of written material that had been submitted by each of the applicants, and discussed the selection process they would employ. A transcript of that discussion is also attached. The 12 members of the Teen Commission were sworn in and conducted their first meeting on November 7, 2001. Councilmember Chang asked that this item be placed on agenda for discussion on November 11. Councilmember Chang expressed his concern regarding the selection of the Teen Commission to the City Council in the attached letter. Staff is available to assist in any way possible. SUBMITTED BY: APPROVED FOR SUBMISSION TO CITY COUNCIL: Therese Ambrosi Smith, Director David Knapp, City Manager Parks and Recreation TRANSCRIPT SEPTEMBER. 17, 2001 CUPERTINO CITY COUNCIL Speakers: Mayor Sandra Sames Council mei~ber Michael Chang Council member Don Burnctt Council member Richard Lowenthal Parks and Recreation Director Therese Smith Resident Robert Levy City Clerk Kimberly Smith JAMBS: Item 9, I aqked to pull that so that we could talk a little bit about it. I'm obviously in favor of it because it was my idea, so I better be in favor of it. We've been talking for a long time about having a teen youth commission and Therese, our Director of Parks and Rec, I'm going to ask hcr to spcak about this, has gone out and donc quitc a bit of research on other communities and how they've handled it and how it's worked. Actually, we had a group of teens here tonight who spent two hours with me, and I'll talk about that later in the program, and they were very excited about this and many of them signed up to apply as a matter of fact. So Therese, what I would really like is I want the community to know and I want the young people in this commun|ty to understand that we do listen to them and we are trying to involve thei~ and I think this is a perfect example, so I think it's worth talking about, not just having on the consent calendar. Could you talk a little bit about this? SMITH (Theresc): Thank you Mayor James. Christinc Hanel, who's our staff supervisor in charge of youth and recreation programs, is home with a sick child tonight, and I wish she could be here because she's done most of the work on this. She was in touch with a number of her colleagues to find out what works and what doesn't work with respect to youth commissions. The thing about kids is they that they need to see action. They're not excited by a process that goes on for years and years, so I think some of the feedback she got from other communities that have commissions is rolled into this recommendation. Please edit this resolution in any way you see fit. This commission, as it's proposed, is set up by resolution. In the future, oncc it's working and you've made final adjustments to it, you may choose to create the commission by ordinance, which is the way the others are created, but for now this one is by resolution. The fundamental diffcrcnce between this and other commissions is your basic requir¢i~ent for sitting on a commission is usually to be age 18 and old enough to vote. In this case parental permission is required. We didn't request a particular grade point average, which some commissions require. Only enthusiasm to serve and parental support. Thc Cupertino Teen Commission is recommended to be made up of 12 members, at least one representative from each grade 7-12, and up to 2 representatives from each school, no fewer than that from each school. It would represent the middie schools and high schools within Cupertino. Once thing you may want to consider is we recommendcd it be for Cupertino residents, but as you know, Homestead High School would have residents from other schools attending, so it's something you may want to adjust. The teu~ of office of each commissioner is recommended to be one school year, beginning in September with each school year, and commissioners can serve consccutivc terms through high school graduation. The commission would be appointed by the City Council. Now I don't know how much response we'll get - you may not want to interview all of them. You may want staff to do the initial cut, and then have final appointment be made by Council at a City Council meeting. Actions taken by the commission are by majority vote, we will post their agendas, we will take minutes of their meetings, and they will have staff from the Parks and Recreation staff. The powers and functions of the teen commission- it is our recommendation again since we want them to see results, and we want them to be more hands-on, was that they would assist the city in the development, the promotion and the evaluation of teen programs. So they would be very hands-on in the promotion of dances, the promotion of activities, and our dream, which will come with our new staffmember, the virtual teen center, which will be an on-line opportunity for kids to find out what's going on. I think I covered it - oh, we're proposing they meet twice monthly at a time and place that they determined, and that's all I have in the resolution but we're open to any input the Council gives us. Thanks. JAMES: Okay, I would like to add to that list that in addition to teen programs that I would like them to give us input on other projects such as the library, of which they are a large user, and the sports center. I think there are just various things within the community that their perspective would be very valuable to this Council Don, you wanted to pull this also, so... BURNETT: Well, ycah. I wanted to do what you've done, which is highlight this and its importance and I also wanted to recognize your long struggle on this. Sandy became involved when she was on the Parks and Recreation Commission, before she was even on the Council, and she's been working hard for about over 5 years now to try to get something done. And you're talking about trying to get something accomplished, nobody knows how hard it is better than Sandy, it's the things you nm into. But I think the timing is pretty good now, because I think we've done enough work so that things can happen pretty soon, and we can find some places where we could put a skateboard facility or facihties in the community and also enhance our teen activities. And I think framing thc commission is a wonderful idea. JAMES. Thank you, Don. Thank you for the kind words. CHANG: I also had a comment. I had also wanted to pull this too. I think the idea is a good one, this has been talked about for a long time, and it's good to bring this to fruition. So the staffmember that this teen commission will be working with, it's going to be the staff member that's going to be hired? SMITH (Therese): Yes. CHANG: And, uh, I guess the question is partly, we're calling this a Teen Commission. A lot of people call it a Youth Commission. Is it pretty much split out thoro, youth and teen and that type of situation? SMITH (Therese): Mm-btam. CHANG: The timeline for this, to recruit and have interviews by October 15, looks quite ambitious for me in terins of recruiting period, coordinating with the school districts, making sure that this gets widely publicized so that people know about it and have time to apply and so to be interviewed. Is there something important about the October 15 date in tei~iis of appointment of these council members? Commission members, sorry. SMITH (Therese): Well, first of all, we currently have an open recruitment for the recreation coordinator position, so I guess the magic of the middle of October is the staff person and the teen commission can come on line at the same time. The second thing is because their appointments would nm with the school year, if we wait too much longer the first group might be a little short-changed. We have a mailing list currently of about 300 teens that have either participated as volunteers in our pwgrams, served on committees like the skate park committee, graduated from Tomorrow's Leaders Today- we've actually compiled quite a mailing list. We can start to disseminate the infocc, iation by mail as soon as this is formalized, and we will do outreach through the schools. Again, I think with kids, momentum works borer than giving them a really long lead- time. CHANG: Good. As long as you are confident about that. Yeah, I think it's important to use our mailing list and then also let the schools know so that they have flyers up for all the students because some students may not have a chance to be involved with the city, but might be interested in something like this. And all the news media sources, too. JAMES: And actually, Michael, just to assure you, this meeting that I had, which I'll talk about later today, from 3-5, Harry Bettencourt was here from the Freniont Union High School District, and we actually handed out information, so we had 50 students from 3 of the high schools here, they all signed up as being interested, so it's kind of like, I think that and it was a really diverse group representing the schools, I think. Very outspoken, you know, self-assured young people who are interested in getting more involved in the community. CHANG: Good. Excellent. SMITH (Therese): IfI may, one of the questions I had was, I think there will be significant interest and with 12 seats, do you want staff to do the initial screening, or do you want to interview all the students? That was a question I had just from a logistics standpoint. JAMES: I have mixed emotions about that. I think it's really good for them to talk to us, and it shows how important however, maybe we should wait and see how many applications you get. If its onerous, it would take us way too long, we couldn't do that. How does everybody else feel about that? BURNETT: I would be perfectly willing to talk to all of them, but I have more time available than most. JAMES: I think it gives a good message, unless there's 50 (laughs). LOWENTHAL: Maybe we can do something that's kind of fo'rmaiized, you know, like a minute ora presentation, because it's just unwieldy if it becomes 15 minutes apiece we can't do it. So if you can come up with a format that will work, I'd be happy to listen to JAMES: It is nice for them to know the importance of it. CHANG: Depending on the number that applies, maybe the staff can come up with some criteria, which would be very difficult, I'm sure, and then maybe we can have the f'mal cut, perhaps, depending on the number of people. That's a possible option. Or maybe the staffcan come up with a recommended list of 12 and then we could see them too, that type of thing. JAMES: Richard, did you have anything yOU wanted to add to that. LOWENTHAL: No, I think it's all been said. JAMES: We have one person in the audience who also wanted to pull this, so this is a popular item. You know the routine here, give your name and your address. LEVY: I imagine your staff and you got copies of this, but just for reference purposes...I'm Robert Levy, I live at 10802 Wilkinson Avenue here in Cupertino. I too am enthusiastically in favor ora teen commission. I think it's a good idea, I think its past due in coming, but the resolution and the staff description lef~ me a little bit confused, because it said that all of the high schools in Cupertino-and there are only 3 high schools in Cupertino, Homestead, Cupertino, and Monta Vista--and it said the commission members will be limited to residents of Cupertino and about a third to half of the Cupertino High School attendance district is outside of the city. AIl of Lynbrook, which is outside of the city, all of its attendance area is outside the city. Homestead has a very small area, attendance area, south of Homestead Avenue between it and 280, which is in the city. All the rest of the Homestead people are out of the city, and Fremont, which is out of the City, has a small area of students, which are in the city. Now I'm not sure what your thoughts are and plans as far as those are concerned as to how you're going to pick and choose in those areas. The same thing is true of the middle schools. There are only two middle schools in the city at the present time, and that's Kennedy and Hyde, and Hyde is right on the edge over on Bollinger, and consequently I believe that you will probably find that a large percentage of its students also come from outside the city. Is this going to be a teen organization strictly for city residents, or is it going to include their classmates that are in these borderline schools. So that was my concern on this, that it wasn't really clearly defined as to which schools, and what areas, and how many. Do we even have a figure as to how many teenagers grade 7-12 reside in Cupertino? So that concerned me. The other thing, of course, was the difference between the staff recommendation to say "2 from each grade" changed in the resolution to say "1 from each grade." I wasn't sure if that was a typo or if that was intentional. Thank you. SAMES: Thank you, Robert. Obviously we have thought about a number of these things. Both of our elementary and our high schools reach outside the city limits of Cupertino, and in order to keep this not unwieldy we are limiting it to representing the 3 high schools and 2 middle schools within the city. The one decision the Council has to make is, within those schools there are students who do not reside in Cupertino, and do we want to keep it just to Cupertino residents, or students who go to those individual schools. The schools residing within our city. That was one of the points you made. Do you want to speak to that Therese? SMITH (Therese): And it's entirely up to you. We think there will be such a number of people that want to be involved that we were going to limit it to Cupertino residents, but it doesn't have to be that way. ! mean, what you think is going to provide, you know, the best crop of candidates. And with respect to the number, we are thinking at least 1 representative from each grade, that's the way the resolution is written. The staff report does day 2, which would be more equal, but again it can be whatever you want. In fact, you may decide that you don't want middle school represented at all and you want to make it a high school commission. It's really your call. This was something we put down as a starting point. JAMES: I like the middle school represented, but I also think you need the flexibility. There may be 1 from 7t~ and 1 from 8th but there might be 2 juniors or 2 seniors from that attendance area that makes up that quadrant, rather than saying there absolutely has to be 2 from each, and that's kinda what I liked about the flexibility of that particular plan. I can see both ways as far as the students within each individual school being students of those schools qualifying them because there school is situated within the city, or saying that they have to be residents of the city, and I'd kind of like to hear how the rest of the council feels about that one. LOWENTHAL: It does look like the first bullet in the resolution is missing the words "at least", from what you just said, so I think the resolution needs to be changed slightly. It seems to indicated exactly 1. I think Mr. Levy is fight in that regard. So we should add "at least." SMITH (Therese): If that's what you want, or you could make it two. Whichever you prefer. LOWENTHAL: I think keeping some flexibility, as Sandra said, is good. I don't think we want to it would be hard to keep some precise numbers, I think, here, and going for at least 1 is good. JAMES: Did you have a feel about the residcnce versus the school of attendance. LOWENTHAL: I do think it's for Cupertino. I think they should be residents, just like we have to be residents of Cupertino. I think it's a Cupertino commission. There will be a Sunnyvale Commission probably and San Jose one, and Cupertino needs its own. CHANG: I think it makes sense. BURNETT: Now there's certain aspects of this that are Mud of kickbacks from that because Homestead has a very small attendance area that's in Cupertino, so you know somehow that has to be traded off, but allowing for that, I think piclcing residents in this procedure looks to me tike a pretty good compromise. It has enough flexibitity to give us good representation. CHANG: Yes, I agree. I think that at least one is a good idea and having it from both middlc schools and high schools are also good and restricting it at least initially to Cupertino residents people would understand. It's always easier to go expand it rather than contracting it, so I think we should start there. JAMES: And I would like us to reach out to the middle college program at De Anza. And we can do that in that those students all come from one of the attendance high schools so they could represent that high school in other words we don't need to add people. But they won't get notified unless we reach out and notify them through middle college and there are really some interesting students that really have some strong feelings and opinions that I think they can add to this program so I'd like to make sure they don't get left out; they often left forgotten. But they do...thcy're school of residence is still Monta Vista or Cupertino or Homestead or whatever so they could still qualify under that; we wouldn't need to add 2 extra...they're jtmiors and seniors only. Okay, well then, I can't make a moti°n but maybe somebody else would. BURNETT: Move adoption of resolution No. 01-199, with the addition of the words in the first bullet of"at least one from each grade, 7-12." CHANG: Second JAMES: Please vote. SMITH (Kimberly): Motion carries unanimously. JAMBS: Thank you very much. That's a wonderful accomplishment. I'm very cxcited about that. RESOLUTION NO. 01-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING A CUPERTINO TEEN COMMISSION WHEREAS, pwviding activities for youth is a high priority of the Cupertino City Council; and WHEREAS, the Council has deteiiidned that the community is best served in this endeavor by establishing a Teen Commission to work with Parks and Recreation staff on the development, promotion, and evaluation of activities for youth; and WHEREAS, the Council has elected to appoint a Teen Commission for the City of Cupertino in recognition of the importance of their charge; NOW, THEREFORE, BE IT RESOLVED that the City Council create the Cupertino Teen Commission according to the following: The Cupertino Teen Commission will be comprised of twelve members, at least one from each grade ? through 12. Membership on the Commission will reflect representation from each middle school and high school in Cupertino. Membership in the Commission will be limited to Cupertino residents. · The members of the Teen Commission shall be appointed by the City Council following an application period. - The term of office of each Commissioner shall be one year, beginning in September with each new school year. Teen Commissioners can serve unlimited, consecutive te, r~-~s through high school graduation. · The Commission shall elect a chair and vice-chair each year. · Meetings will be held twice monthly at a regular time and place to be determined by thc Commission at the first meeting of each school year. · Actions taken by the Corrunission will be by majority vote. · The Depar'oi~ent of Parks and Recreation will provide staff support to the Teen Commission and will post meeting agendas. · Thc powers and function of the Teen Commission will be to assist city staff in the development, promotion, and evaluation of teen programs and activities to enhance the growth and development of youth. Resolution No. 0 I- 199 Page 2 of 2 IT IS NOW THt~REFORI~ RESOLVED by tho City Council of tho City of Cupertino that a Teen Commission be created to better serve Cupertino youth. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of September 2001 by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None '~/layor, City of C~ TRAN~C~PT OF CITY COUNCIl. Mt~r. TING TEEN COMMIggION APPLICANT INTERVIEWS OCTOBER 15, 2001 Pa~e 1 of 4 Attending: Mayor Sandra James Councilmember Don Bumett Councilmember Richard Lowenthal Parks and Recreation DirecWr Therese Ambrosi Smith City Clerk Kimberly Smith Recreation Supervisor Christine Hanel Therese Ambrosi Smith: Of the 37 that applied, 34 will actually be making presentations to you today. To t~y to make this pwcess somewhat efficient, staff has ranked the applications and scored them. And then you'll basically be adding bonus points at~r you hear their presentations. Please give five points if you think it is a great presentation and one if you think they didn't about it at all, and whatever you feel is appropriate in between. What we will do after you have scored each of the applicants is average the scores, and then choose the top 12 and spread them out by age groups for inclusion in the commission. Under New Business Wday on the agenda, there is an item to acOmlly appoint them, so we will be handing you the envelope, Madame Mayor. Sandra James: So essentially you are saying is that we are not appointing them, you guys are essentially doing this because you have a scoring technique that we only get five points. Therese Ambrosi Smith: If you open your binder, there is a sheet and they are ranked 100 through... Sandra James: My understanding was that you guys have kind of ranked them as giving us some input, but we were making the decision on who should sit on the commission. Therese Ambrosi Smith: The ranking is intended to help you, but you will be making the decision. Sandra Jones: The way you just said it, it didn't sound to me like...I mean, I think I've got your ranking and I have your notes, and then we are going to listen to them and then I'm assuming that the four people up here will be selecting the people. The way you just said it, it sounded to me like it was a point system, meaning we get five points to add to the points. We are not necessarily selecting the candidates. That was not...when we voted on this, this is not the way we said it, it was that we were going to be doing this. Appointing- it's like when we do our commissioning ...but we do the selecting for the other commissioners too. Therese Ambrosi Smith: You can do that. We've been through all the applications. There are 34 out of the 37 who are here tonight. TRANSCRIPT OF CITY COUNCIL lVI ETING TEEN COMMISSION APPLICANT INTERVIEWS OCTOBER 15, 2001 Page 2 of 4 Sandra Jones: I realize that, and I do have your notes, and I do have your rankings. But then my belief is that then this is like the final arbiter up here, we take your infomattion, and add ours, and then we would be the ones making the decision. Don is dying to say something. Don Burnett: I am in the same place you are. I think the final decision should be made entirely on the city council's score and the applicant's review score that was done by staff is for our guidance. Sandra James: It's like a staff report. Therese Ambrosi Smith: OK, good. Sandra James: Then we make the decision, and we have that information, that's fine, but I wanted this commission to be just like all the others where the people that make the choices are the people you elect, and we get staff input, and we have their background, and then it is kind up to the four of us (or five of us usually). Kimberly Smith: It might be a little more confusing in terms of selecting from 34 applicants, so I'm not quite sure how we will do that. Because normally, we vote multiple times just to narrow the numbers down, so we will just have to play along and see how that works for you. Sandra James: Well we may narrow it down and say we want X number to come back. It may not happen like immediately either. This is a first time for all of us, but I think that the city council wanted to be the ones to let these young people know that we were the ones, the people that were elected, that were making the decision. And rather than rush it through, I think it's more important...we can pwbably come to some conclusion, but if we don't, then we don't, and there is some really special ones and I think we have to figure out how to handle that. Therese Ambrosi Smith: OK great. We should get going because they are waiting. You can score them then, however you want. We were trying to make this as easy as possible and make sure everybody got a score over 90, so that no ones feelings would be hurt. That's why it's set the way it is. TRANgCRIPT 0F CITY COUNCIL MEETING TEEN COMMIflBION APPLICANT INTERVIEWS OCTOBER 15, 2001 Page 3 of 4 Sandra James: I don't know that you had to give scores back anyway. To me, you guys have done your scoring. I don't do ranks and scores and percentages. I like to talk to the person, get their feelings, and then for us to decide who that is. Therese Ambrosi Smith: OK, then we won't be doing anything after you are done here. We were originally 'going to average scores and come back to with a list for appointment or discussion, and then appointment. If you don't want us to do that, we won't. You just figure it out among yourselves. Sandra James: You want to weigh in on this Richard? Richard Lowenthal: Well I think we need their counsel, but I think we need to make the call, with your advice; arid I think when we deliberate; I think it would be good for you to be there frankly. Sandra James: Absolutely. Therese Ambrosi Smith: OK. Don BurneR: I have no problem with the sort of the second part of their procedure-the five to one~ and we can do that, and in some cases that will give us clear direction, and in some cases, it won't. I guess we need to know that, and there may need to be a second iteration where we acl~mlly do have to consider. Richard Lowenthal: I agree with Sandra, we need to make the final call. Sandra James: I think that as wc look at this, for instance if we have two at each grade level, then we will come up with a 1 and a 2, each one of use, out of the list at that grade level, and we will see where it falls. It may be clear-cut and it may be all over the map, and we'll know that, and then we can figure out what to do about it. I mean, obviously, there is only one candidate for 7t~ grade and 8~ grade. Therese Ambrosi Smith: Right, you have 12 appointments. OK, we'll bring in the first batch. TRANSCRIPT 0F CITY COUNCIL MEETING TEEN COMMISSION APPLICANT IIqTERVIEWS OCTOBER 15, 2001 PaEe 4 of 4 Christine Hanel: I just wanted to mention as well that I gave you an attachment to Peter Peng's application. He was the young man who was not able to be here tonight due to a family emergency, so I told him that we would attach that letter and consider that in addition to his written application. Generally, when the applicants called and requested schedule changes, I explained to them that this was a set schedule. But he was still very interested, so I gave him that option of doing that. Sandra James: That's fine, and he's in 10~ grade, so he has another year or two to apply if this one didn't work out. Is Michael not making it or is he just late? Did he call? KimberlySmith: Not that I know of, but I haven't been in my office for a while. He originally had requested 4:30, but I called and explained that they had already made all the appointments and it was too late to change it, so he may have thought... Sandra James: OK, it's 4:30 still; I think we should just go forward. Kimberly Smith: I do have the timer set for 1 minute and 55 seconds - that's as close as I could get. Would you like me to use the lights for each speaker? Sandra Sames: Sure, are they going to be up there? I think that will help them. And then when that light goes off, then they have a few seconds to figure it out. There sure are a lot more females than males. Did you notice that? That's distressing; I like to see the guys. Interviews of candidates followed. mp S:\parks and recreation admin~ccns~upc int~view transcript 101501 .do~ TRANSCI~PT OCTOB~.R 15, 2001 CUPERTINO CITY COUNCIL Speakers: Mayor Sandra Sames Council member Michael Chang Council member Don Bumett Council member Richard Lowenthal Parks and Recreation Director Therese Smith Resident Robert Levy City Clerk Kimberly Smith JAMES: We're onto 17, the appointment of Teen Commissioners. Therese, did you want to give a report on that tonight? SMITH (Therese): We received 41 applications for the new teen conunission, 37 of those were actually Cupertino residents. 37 were scheduled for interviews today. You had 34 actually present a 2-minute speech to the City Council. And at the conclusion, the Council selected 12 commissioners. The 12 have been notified. JAMES: Thank you. And I just want to make a comment on that since this commission was my idea. I was excited tonight that all council members came. We spent from 4:00 until what was it, 6:30? BURNETT: 6:20 JAMES: 6:20, listening to some incredibly bright and energetic and enthusiastic and diverse and I mean diverse in every possible way it could imagine. A group of young people that really represent the reason that we believe in the young adults in this community. They are excited and energized and it was tough. We, you know, we had really good choices there and we're very excited about the 12 we selected who will be coming to the council meeting on what is that, the 17t~? Or, when is our next....the 19t~ .... they will be coming to meet the community to get sworn in, whatever we do with them, I guess, and I'm certainly pleased and excited. Does anyone else want, have anything to say about that? LOWENTHAL: I would like to say something. These were just great applicants and we were talking about how great it is that we don't have a problem picking from people that maybe can do the job. We thought everybody here could do the job; every applicant we talked to could do the job. Just a great pool. I'm hoping that those of you that are not on this commission at this time will find other ways to get involved. A lot of people had ideas of how they could in Parks and Rec and maybe we can pull them in there into our various community forums. These are great people, future leaders, current leaders, and it was just a real pleasure to just to spend some time with them. So, those of you not picked please stay involved, we need you. JAMES: Anyone else? Then, I think that was just for info,,,u~tion, wasn't it? BURNETT: Are we going to announce the names of the people who were selected? LOWENTHAL: We could list them. JAMES: That would be...do you have them? SMITH (Kimberly): I think Christine called them all and told them all... BURNETT: It would be nice to announce them. JAMES: That's what I thought we were going to do, but when Therese didn't, I didn't know...do you have them? SMITH (Therese): I do. JAMES: I have theiii here. BURNETT: Maybe we could have Madam Mayor read the list. SMITH (Therese): Would you like to read them Sandy?. JAMES: IfI can find it I would, sure. LOWENTHAL: She's got the official one. JAMES: I'll probably mis-pronounce half of them, but Michael can help me with some of them. Okay. I'm very excited to announce these. We have a ?th grader, Patty Fang, an 8th grader, Emily Liu, from the 9a grade we have two, Jacki Colloton and Kevin Busch, and from the 10~h grade we have two, Erin Gatley and Angelica Zen, we have four from the 1 ltU grade, we had two from them and then we had two extras and they ended up being 11 tn grader Kenny Lin, Zack Kolev, Akshita Deora, Aimee Jin Thayer and from the 12t~ grade we have Drew Oolkar and Maurice Noone. Congratulations and we're really looking forward to working with all of you. OI3en Letter to Cupertino City Council November 11, 2001 Dear Mayor Sandy James and Vice-Mayor Richard Lowenthal: As you know, I am deeply concerned about the outcome and process of the City Council's Cupertino Teen Commission selection meeting on October 15, 2001. I have to tell you that as I sat through that night thinking about what had happened, I felt sad and violated for the male Asian American applicants who were treated so unjustly. I felt that the City Council that night was a poor role model for the youth in our multicultural community and that i have to speak out about what happened. Of the 34 student applicants, 70% were Asian American students. The city staff reviewed the applications and gave scores ranging from 88 to 100. Among the top ten applicants who scored 99-100, there were eight Asian American and two white students. From this group, our Council selected both white students and two of the eight Asian American students. The two Asian American students selectedwere both the only applicant in the 7~h and 8~h grade categories. What I find problematic is that our Council decided to ignore staff's application-based rankings, substituting with a subjective and arbitrary process that led to the exclusion of Asian American male applicants. The selection meeting's cassette recording showed clearly that I argued.for the inclusion of Asian American males on numerous occasions. Why were four out of five male white students selected, but only one of the eight male Asian American applicants selected after lengthy negotiation? Two of the rejected male Asian American applicants had been ranked first among grades ten and eleven applicants respectively, with perfect scores of 100. One student was elected class president for three years and the other was to earn the Eagle Scout award. I still can't understand why you insisted on excluding these fine young men? The resulting 12-member Teen Commission, composed of mostly Asian American females and white males in 11 & 12 grades, appears to have gender and r.acial balance. While I do not question the qualifications of its present members, I do question the exclusion of the large visible group of Asian American males that sought inclusion as well as our seriously flawed selection process. As elected officials our actions need to be accountable to the community. Hence, I am · sharing this letter with both our Council and community. I believe that our Teen Commission selection process should not be the way we conduct ourselves in our very multicultural community. However distasteful as it may be, can such exclusionary practice be more widespread than we usually care to admit? I hope that our City Council will remedy and leave behind the kind of behaviors shown at the selection meeting to make our youths, community, and city staff truly proud of us. MALE APPLICANTS FEMALE APPLICANTS WHITE ASIAN AM WHITE ASIAN AM TOTAL APPLIED 5 8 5 16 34 SELECTED 4 I 2 5 12 Sincerely, Michael Chang, Cupertino City Councilman & Former Mayor To: Sandy James, Michael Chang, Don Burnett, Dolly Sandoval, Patrick Kwol~, ~)~v~ 6 Kaapp From: Richard Lowcnthal CIT~ OF Date: 11/15/01 Subject: Council interns Ladies and Gentlemen, I have been giving the issue about the Teen Commission appointment some thought and have a proposal. I'm sure that the idea needs some work, or peflaaps is infeasible. Nonetheless, I wanted to share it with you. The creation of the Teen Commission is an exciting and important event for us. It has created a tremendous response from some great members of our youth community. We have, as several of us have commented, a group of spectacular applicants. The problem that we have now is that the interest generated in being part of this commission has been overwhelming. It is clear that we have 34 talented young people that want to serve the city and who believe their own futures will be enhanced by doing so. The problem is that we have only 12 seats to fill on our fledgling commission, and that means that we need to say "no" to 22 great applicants. These applicants want to help and believe their own futures will benefit from the experience. As a result of their disappointment, and the disappointment felt by their parents, a tremendous amount of emotion has surfaced. As you know, this emotion has resulted in accusations of an unfair process. It is ironic that because the Teen Commission .is such a winner of an idea, it has become negative for some of those who have volunteered to be on it. I feel that we should try to address the core problem rather than some of these symptoms and accusations. In particular, it seems that ifwe could find something that would satisfy the need of the 22 applicants to serve us, then we might have a win-win. We would be providing a valuable service to them, and we would gain the benefits of their service to us. I'm proposing that we create a new position in the city called the "Council Intern", an unpaid, volunteer opportunity. For this first year, it will be a pilot program. We will ask the 22 applicants that were not selected for the commission if they would like to become Council Interns. For those that are interested, they will be assigned by random lottery to a Councilmember. That means that maybe 4 interns will be assig,~ed to each of us. We might want to assign a couple of them to Dave as well. What could Council Interns do.'? Well, we each probably have different needs, but some of thc thing my 4 interns could help me with arc: · Research into programs in other cities, like the Mortgage Assistance program in San Jose. · Research into legislation - for example, the law that means we get only 2% of our property tax when most cities get 7%. · Attendance at functions on my behalf when I can't make it · Translation of articles from Mandarin into English · Helping me with courtesy correspondence, like thank-you notes and phone calls. · Mail sorting · Answering questions from residents · Gathering information about upcoming issues - like Rubberized Asphalt Concrete to reduce freeway noise · Researching current problems - such as the late trains going to Hanson Cement · Collecting information from Cupertino archives, for example, copies of tapes of recent meeting segments · Monitoring and summarizing progress on current projects: trails, library, sport center, etc. I don't think we want them to focus on youth issues - after all, that's what the Teen Commission will do. Thc Interns will be there just to help us do our normal business. One possible flaw with this is that the members of the Teen Commission might prefer to be Interns. I would say no to them. They have already been selected and sworn-in for the commission and that is how we need them to scrvc. Another potential problem is that people will say we should have opened up applications for Interns to the whole community. To this I would say that this is a pilot program only and for this year we have decided to invite only the Teen Commission applicants. On the other hand, I think that these kids will be proud to have been "Council Interns" and it will help them with their future. In addition, I think it would help us do our jobs better. It might show our respect for the abilities of our youth, and help us form bonds between the city and kids. I plan to surface this idea at the 11/13 Council meeting, and perhaps we can have some discussion of it, and other ideas. Best regards, Richard Open Letter to Cupertino City Council November 11, 2001 Dear Mayor Sandy James and Vice-Mayor Richard Lowenthal: As you know, I am deeply concerned about the outcome and process of the City Council's Cupertino Teen Commission selection meeting on October 15, 2001. I have to tell you that as I sat through that night thinking about what had happened, I felt sad and violated for the male Asian American applicants who were treated so unjustly. I felt that the City Council that night was a poor role model for the youth in our multicultural community and that .I have to speak out about what happened. Of the 34 student applicants, 70% were Asian American students. The city staff reviewed the applications and gave scores ranging from 88 to 100. Among the top ten applicants who scored 99-100, there were eight Asian American and two white students. From this group, our Council selected both white students and two of the eight Asian American students. The two Asian American students selectedwere both the only applicant in the 7~ and 8~ grade categories. What I find problematic is that our Council decided to ignore staff's application-based rankings, substituting with a subjective and arbitrary process that led to the exclusion of Asian American male applicants. The selection meeting's cassette recording showed cieady that I argued for the inclusion of Asian American males on numerous occasions. Why were four out of five male white students selected, but only one of the eight male Asian American applicants selected after lengthy negotiation? Two of the rejected male Asian American applicants had been ranked first among grades ten and eleven applicants respectively, with perfect scores of 100. One student was elected class president for three years and the other was to earn the Eagle Scout award. I still can't understand why you insisted on excluding these fine young men? The resulting 12-member Teen Commission, composed of mostly Asian American females and white males in 11 & 12 grades, appears to have gender and racial balance. While I do not question the qualifications of its present members, I do question the exclusion of the large visible group of Asian American males that sought inclusion as well as our seriously flawed selection process. As elected officials our actions need to be accountable to the community. Hence, I am sharing this letter with both our Council and community. I believe that our Teen Commission selection process should not be the way we conduct ourselves in our very multicultural community. However distasteful as it may be, can such exclusionary practice be more widespread than we usually care to admit? I hope that our City Council will remedy and leave behind the kind of behaviors shown at the selection meeting to make our youths, community, and city staff truly proud of us. MALE APPLICANTS FEMALE APPLICANTS WHITE ASIAN AM WHITE ASIAN AM TOTAL APPLIED 5 8 5 16 34 SELECTED 4 1 2 5 12 Sincerely, Michael Chang, Cupertino City Councilman & Former Mayor