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CC 03-15-05 c CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 15, 2005 6:00 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6 - closed session regarding proposals for fiscal year 05-06 with Cupertino Employees Association (CEA). RECESS CEREMONIAL MATTERS - PRESENT A TIONS POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council ITom making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Approve the minutes ITom the March 1 City Council meeting. March 15,2005 Cupertino City Council Cupertino Redevelopment Agency Page 2 3. Adopt resolutions accepting Accounts Payable for February 25 and March 4, Resolution Nos. 05-041 and 05-042. 4. Adopt a resolution accepting Payroll for February 25, Resolution No. 05-043. 5. Accept the Treasurer's Budget Report for January 2005. 6. Accept applications for Alcoholic Beverage Licenses: (a) Ramenrama Red Miso, 19772 Stevens Creek Blvd. (new restaurant next to the Elephant Bar) (b) A restaurant at 1655 S. DeAnza Boulevard, near Prospect Road (fonnerly Fonnosa Restaurant) 7. Adopt a resolution authorizing an application for grant funding under the Clean, Safe Creeks and Natural Flood Protection Program, Resolution No. 05-044. 8. Adopt a resolution approving the Settlement and Mutual Release of Claims Agreement with the Silicon Valley Animal Control Authority (SV ACA), Resolution No. 05-045. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 9. Consider an appeal of the Planning Commission's approval of Application No. TM-2004- 05, Wayne Aozasa (CA Water Service), located on Greenleaf Dr., APN 326-33-107: (a) Tentative Map to subdivide a .95-acre parcel into four lots ranging ITom approximately 6,430 square feet to 8,880 square feet, plus a remainder of 11,500 square feet. UNFINISHED BUSINESS 10. Consider the trail alignment, picnic ground capacity, fund balance transfer, and project schedule for Stevens Creek Corridor Park. NEW BUSINESS 11. Consider architectural and site review for a previously approved use pennit for 204 residential units, 105,300 square feet of new retail and a parking structure. Application No. ASA-2005-03, Mike Rohde (Vallco Shopping Center), 10123 and 10150 N. Wolfe Road, Assessor's Parcel Nos. 316-20-037 and 316-20-038. March 15,2005 Cupertino City Council Cupertino Redevelopment Agency Page 3 12. Reject all bids for Blackberry Farm Golf Course maintenance, Project No. 2005-01; Authorize staff to evaluate the bid requirements and re-bid the project contract; and Authorize the Director of Public Works to negotiate and execute a change order for a two-month extension to the current contract with Professional Turf Management to ensure continuity for maintenance of the golf course in an amount not to exceed $35,000. 13. Accept the 2003-04 Management Letter ITom City Auditors, Maze and Associates. ORDINANCES 14. Conduct the second reading of Ordinance No. 1960 repealing Chapter 20.02, which required the City Council to authorize General Plan Amendments. "An Ordinance of the City Council of the City of Cupertino repealing Chapter 20.02 of the Cupertino Municipal Code Regarding General Plans." STAFF REPORTS 15. Receive a legal opinion on mailed ballot elections. 16. Receive a status report on General Fund Revenue and Expenditures (No documentation in packet). 17. The next General Plan hearing is scheduled for Tuesday, March 22, at the regular Planning Commission meeting held in the Cupertino Community Hall, 10350 Torre A venue, Cupertino (No documentation in packet). COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require ~pecial assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oj the meetinl(. -. CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 1, 2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members. Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CLOSED SESSION - None CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation regarding Colon Cancer Awareness Month. (No documentation in packet). Mayor Kwok read the proclamation. 2. Proclamation supporting the American Red Cross Santa Clara Valley Chapter. (No documentation in packet). Mayor Kwok presented the proclamation to Cynthia Shaw, Marketing and Communications Director for the Red Cross. 3. Accept $3500 donation ITom the Cupertino Rotary Club for fifty Search and Rescue backpack supplies. (No documentation in packet). Mayor K wok presented the proclamation to Steve Andrews of the Cupertino Rotary Club, and Emergency Preparedness Coordinator Marsha Hovey. He also thanked Mr. Andrews for the Rotary Club's generosity. Lowenthal/James moved and seconded to accept the donation. The motion carried unanimously. POSTPONEMENTS - None ;;7-/ March 1, 2005 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS The City Clerk announced that there were documents handed out for items 16 and 21. ORAL COMMUNICATIONS Christine Guistana, Chief Executive Officer of the Cupertino Chamber of Commerce, invited the community to the annual Star Awards event, at which the following companies will be honored: Citizen of the Year, Orrin Mahoney Ambassador of the Year, Frances Seward Small Business of the Year, Dry Clean Pro Medium Business of the Year, BJ's Restaurant & Brewhouse Large Business of the Year, Cypress Hotel & Park Place Restaurant Dennis Whittaker, Cupertino resident, asked that Council rerrain rrom approving any rezoning or General Plan amendments until after the November election on the initiatives, unless at least four members of the Council are in favor. Ray Crump, representing the Cupertino Kiwanis Club, announced the club's 50th anniversary and explained how both the local clubs and the international organization worked to support young people. He encouraged the community to join and said more infonnation was available at www.cupertinokiwanis.homestead.com Louise Levy, Cupertino resident, referred to comments made last week by her tenant Deborah Hill, and said that Ms. Hill was providing incorrect infonnation. She discussed the reasons she no longer wished to rent a room to Ms. Hill. Robert Levy, Cupertino resident, distributed a transcript of the remarks made by Deborah Hill at the Council meeting of February 15, and pointed out the factual errors in her remarks. He also discussed the living situation that led him and his wife to end Ms. Hill's residency in their home. CONSENT CALENDAR Sandoval/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 4. Approve the minutes rrom the February 4,7, and 15 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for February 4, 11, and 18, Resolution Nos. 05-031 through 05-033. 6. Adopt a resolution accepting Payroll for February 11, Resolution No. 05-034. 7. Accept the Investment Policy for 2005. ;}-éJ.. March 1, 2005 Cupertino City Council Page 3 8. Accept an application for an Alcoholic Beverage License for Pebbles, 10235 S. De Anza Blvd. (fonnerly Alotta's Delicatessen). 9. Adopt a resolution approving a Maintenance agreement with Civic Park Master Association, owner of all real property and improvements consisting of Lot A as described on Tract No. 9535, and the City of Cupertino, Resolution No. 05-035. 10. Adopt a resolution approving the First Amendment to the agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program, Resolution No. 05-036. 11. Adopt a resolution approving an Improvement agreement for Mehdi Moazeni, a married man and Mohsen Amini-Rad, an unmarried man as Joint Tenants, 10580 San Leandro Avenue, APN 357-05-045, Resolution No. 05-037. 12. Adopt a resolution approving a Grant of easement, roadway, for Mehdi Moazeni, a married man and Mohsen Amini-Rad, an unmarried man as Joint Tenants, 10580 San Leandro Avenue, APN 357-05-045, Resolution No. 05-038. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 13. Consider Application No.(s) U-2004-01, ASA-2004-02, EA-2004-02, Greg Pinn (Pinn Brothers Construction), 20128 Stevens Creek Boulevard (fonner Adobe Lounge), APN 369-03-001 : Applicant Gregg Pinn reviewed the history of this applications for this site, mixed-use residential, and a large hotel use which had been approved but not built. He discussed the most recent changes made at the request of Council, which included lowering the height, reducing the density, and increasing the retail size and allure. He showed a rendering of the latest plan and explained that they had eliminated the residential portion over the retail, so the retail would stand out more, and they also added another surface parking stall. Kwok said that at one time the Council had talked about an in-lieu fee to make up for a reduction in retail. He asked what the applicant could do to make up for the loss of revenue, such as putting funds into an additional park fee or the general fund. Pinn said he's looking into a way to donate funds to allow the library open to stay open on Sundays as well as funds for park fees. Council member James said the City Council does not currently have a policy to require in lieu fees for reductions in retail. She said that it would be great if the applicant wanted to make a donation to the library, but any in-lieu fee requirements must first be discussed ;)- '3 March I, 2005 Cupertino City Council Page 4 and adopted by the City Council and shouldn't be discussed during the review of a particular project. Bob McKibbin, Cupertino resident, said he felt the process was confusing and the numbers were fuzzy; that this is still a residential development with a negative impact on city revenue and on schools; and that there is insufficient parking. He suggested that the City hold out for retail, or at least send the revised project back to the Planning Commission for review. Tom Hugunin was opposed to the project. He said there was limited maneuvering space in the parking garage, and said the project appears to offer token retail in exchange for residential. Dennis Whittaker said he was concerned about insufficient parking, impacts on schools, sales tax replacement, and how below-market-rate apartment dwellers could be forced out when the units become condos. He asked that the project have more retail, more parking, and less density. Wang moved to send this item back to planning commission for further review. Kwok seconded, and the motion failed with Council members James, Lowenthal and Sandoval voting no. Lowenthal/James moved and seconded to approve a Negative Declaration. The motion carried unanimously. Lowenthal/James moved and seconded to approve the revised Use Pennit for a mixed-use retail (2,395 square feet) and residential condominium (23 units) development and for the demolition of an abandoned restaurant building, subject to the staff recommendation as shown below. The motion carried with Kwok and Wang voting no. o The approval should be based on the current revised plan set and revised project of 2,395 square feet of retail space and 23 residential condominiums o Applicable development fees should be commensurately adjusted to reflect the reduced scope of the project o The use permit conditions of approval should be amended to restrict the commercial building space to only a retail use o The building pennit plans shall substantially confonn to the rendering submitted at the City Council meeting as detennined by the Design Review Committee in consultation with the architectural advisor Lowenthal/James moved and seconded to approve the revised design for an Architectural and Site Approval for a mixed-use retail (2,395 square feet) and 23 condominium units, ;)-1.{ March 1, 2005 Cupertino City Council Page 5 subject to the conditions recommended by staff, above. Motion carried with Kwok and Wang voting no. Mayor Kwok re-ordered the agenda to allow one more individual to speak under Oral Communications. ORAL COMMUNICATIONS (continued) Ned Britt, Cupertino resident, referred to an upcoming election for a parcel tax for the library district, which would be conducted by a mail ballot. He asked if the City can use a mail ballot for elections other than filling Council seats, or if the initiatives were to pass in November, whether a mail ballot can be used if there are exceptions to vote on. The City Attorney said that Cupertino is following the election law that applies to municipalities, and the initiatives are already set for election in November. He said that the library district election might fall under a special law that allows mail ballots. Mayor Kwok reordered the agenda to consider item No. 15 next. NEW BUSINESS 15. Adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights for Scofield Drive, Sunrise Drive and the northem portion of Rodrigues Avenue, west of De Anza Boulevard pursuant to Ordinance No. 1925, Resolution No. 05-039. James/Wang moved and seconded to adopt Resolution No. 05-039, with a condition including language fÌ'om the staff report regarding streetlights. The motion carried unanimously. Mayor Kwok reordered the agenda to discuss item Nos. 21 and 22 next. STAFF REPORTS 21. Receive a status report on weekly single-stream recycling and yard waste service. (No documentation in packet). The City Clerk distributed a memo rrom the Public Works Director along with a brochure about the new weekly recycling program and illustrating the new garbage and recycling toters. Public Works Director Ralph Qualls said the weekly service will be fully implemented by May, and Los Altos Garbage Company will work with any residents to address issues regarding toter storage or placement. The City Council concurred to accept the report. ;;-5 March I, 2005 Cupertino City Council Page 6 22. Receive a status report on the Santa Clara Valley Water Resources Protection Collaborative. (No documentation in packet). This item was deferred to a later meeting date. UNFINISHED BUSINESS - None NEW BUSINESS 14. Consider amending the Teacher Housing Assistance Program guidelines and funding recommendations. James/Sandoval moved and seconded to revise the Teacher Housing Assistance Program Guidelines to allow three loans, instead of the previously approved four, to eligible teachers with the maximum loan amount of $66,666 instead of the current $50,000. The motion carried unanimously. Senior Planner Vera Gil said that the Cupertino Housing Commission will evaluate the purchase boundary issue in May 2050 when more homes may be listed on the Multiple Listing Service (MLS). 16. Consider a petition regarding Stelling Road street improvements and tree removal. The City Clerk distributed an email rrom Carlos Mujal dated February 24 requesting that the trees be maintained and the street improvements be completed in a timely manner. Carlos Mujal showed a hand-drawn diagram of the neighborhood streets, homes, and parking areas, and said there are rarely any cars parked on the street. He said the petition to remove the trees cites parking issues, but he had seen no problems of that nature. He also showed photographs of the work in progress and said he has been unable to use his driveway since November. Jennifer Griffin spoke in favor of retaining these large trees, which may be as old as 70 or 80 years. Sandoval/Kwok moved and seconded to take no action, and Planning Commission recommendation to retain the trees. unanimously. to follow the original The motion carried 17. Accept the Audit Committee's recommendation to extend the agreement for auditor services with Maze and Associates. Lowenthal/James moved and seconded to extend the agreement for three years. The motion carried unanimously. ;l-tR March I, 2005 Cupertino City Council Page 7 18. Adopt a resolution approving the amended Guidelines for the Selection of Public Art, Resolution No. 05-040. James/Wang moved and seconded to adopt the resolution with an amendment to change the phrase on page 18-7 to read as follows: "Works of art may not be accepted if the city cannot provide for the display, storage, protection and preservation of the work under conditions that insure its availability to the public, and insure its pennanency in the city's collection." The motion carried unanimously. 19. Conduct the first reading of Ordinance No. 1960 repealing Chapter 20.02, which required the City Council to authorize General Plan Amendments. "An Ordinance of the City Council of the City of Cupertino repealing Chapter 20.02 of the Cupertino Municipal Code Regarding General Plans." The Community Development Director noted that passing this ordinance will not do away with any of the publicly noticed hearing process, it only removes the early step where the Council acted as gatekeeper before an application could be filed. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES 20. Conduct the second reading of Ordinance No. 1959: "An Ordinance of the City Council of the City of Cupertino Rezoning a 1.58 Acre Parcel From P(CG, ML, Res 4-10) to P(CG, ML, Res 35)." (Greg Pinn, Oak Park Village, 10745 N. De AllZa Blvd. (fonner Santa Barbara Grill site), Assessor's Parcel Number 326-10-064). Kwok asked ifMr. Pinn had any comments regarding an in-lieu fee and whether he would consider putting funds into park fees or some other fees. Gregg Pinn said that as a member of the development community and board member of the Homebuilders Association, he was urged to avoid setting a precedent. However, as a community member and business owner in Cupertino, his company is committed to donating money to a fund, or specifically to the library or to parks. James/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. James/Wang moved and seconded to enact Ordinance No. 1959. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. d-7 March 1, 2005 Cupertino City Council Page 8 STAFF REPORTS - None 23. The next General Plan meeting is scheduled for March 8, 2005, 6:45 p.m. in the Community Hall. The subject is Circulation and Public Safety. (No documentation in packet). City Manager David Knapp invited the public to attend. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:35 p.m., the meeting was adjourned to Monday, March 7 at 7:00 p.m. to hold a joint meeting with the Parks and Recreation and Bicycle and Pedestrian Commissions to discuss the Stevens Creek Corridor project, Council Chamber, Community Hall, 10350 Torre Avenue. Kimberly Smith, City Clerk For more infonnation: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council! Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience rrom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased rrom the Cupertino City Channel,777-2364. ;/-8 DRAFT RESOLUTION NO. 05-041 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 FEBRUARY 25, 2005 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 rrom the funds as hereinafter set forth in Exhibit "A". CERTIFIED: ~o O-I-uh~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk 3-1 02/24/05 ACCOUNTING PERIOD: a/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SBLBCTION CRITBRIA: transact. trans_date between ~02/2~/2005" and H02/25/2005~ FUND - 110 - GBNERAL FUND 1020 CASH ACCT CHECK NO 60!:!370 V 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 ~020 1020 1020 1020 1020 TOTAL CHBCK 1020 1020 1020 1020 1020 609578 V 60!:!658 V 609673 V 610195 V 610346 V 61058!:! V 610636 V 611012 V 611102 V 611484 V 611497 V 611952 V 616352 V 6~6422 616423 6~6424 616425 616426 616426 616426 616427 616428 616429 616430 616431 07/16/04 M2005 ISSUE DT --------------VBNDOR------------- FUND/DBPT 5506549 07/23/04 M2005 07/30/04 M 07/30/04 M 08/27/04 M2005 09/03/04 M 09/17/04 M2005 09/17/04 M2005 10/08/04 M 10/08/04 M 10/29/04 3216 11/05/04 M 11/24/04 M 02/18/05 1025 02/23/05 M2005 02/25/05 2825 02/25/05 3105 02/25/05 2835 02/25/05 02/25/05 02/25/05 1884 1884 1884 02/25/05 3294 02/25/05 M2005 02/25/05 968 02/25/05 2895 02/25/05 90!:! RUN DATB 02/24/05 TIMB 11:08:45 JOHNSTON HOUSE SYKORA, RONALD 110 HARA, MARIKO 580 JIN, HAO TIAN 580 DO, DAVID 110 KIM, SOOK JU 580 FU, LI-SHENG 110 NEXTEL COMMUNICATIONS 110 HO, ALVIN 580 VORA, HEBNA 580 ANDREW WILLYOUNG 5506549 BAGE, KSHAMA 580 Shanley, Anne 550 MBIA MUNIFINANCIAL 1100000 A.A.R.P 5506549 ACADEMIC CHESS 5806349 CELESTE TILLSON 5806349 AC SERVICB & DESIGN, CO. 1108504 ALBBRTSONS-NORTHERN DIVI 5806349 ALBBRTSONS-NORTHERN DIVI 5806349 ALBERTSONS-NORTHERN DIVI 5806349 BANK OF NBW YORK 3655301 BAOSC 1106100 BAP AUTO PARTS 6308840 BROWING-FERRIS INDUSTRIE 5208003 THB BUSINESS JOURNAL 1107200 -----DESCRIPTION------ ADMIN FEE DEV MAINT REFUND #283191 BASKETBALL CP 284120 SUMMER UNUSED NOTICB DPST Refund: check FALL: UNUSED NOTICING DPST UNUSED NOTICING DPST Refund: Check FALL E Refund: Check - FALL E SERVICE AGREEMENT FOR Refund: Check REFUND Refund: Check - Trip w S.TAX AUDIT 3QTR/2004 55 ALIVE DRIVE PRGRM SERVICE AGREEMENT FOR SERVICE AGREBMENT FOR REPLACE TWO COMPRBSSOR SUPPLIES 25821 SUPPLIBS 25802 SUPPLIES A26471 COP 2002 REFI.CAP.PRJ CONF. RBSBRV T.SMITH FY 2004-2005 OPEN PURC VOLUME JANUARY 2005 S.V.BUSINESS JOURNAL SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING ~ PAGE 1 AMOUNT -80.00 -557.20 -142.00 -14.00 -144.04 -40.00 -326.92 -6.85 -29.00 -27.00 -240.00 -100.00 -59.00 -1250.00 250.00 5760.00 196.67 9990.38 19,76 41.09 51.02 111. 87 2495.00 40.00 13 .51 105951.38 69.95 3-~ 02/24/05 ACCOUNTING PERIOD: a/os CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "02/21/2005" and "02/25/2005" FUND 110 - GENERAL FUND 1020 CASH ACcr CHECK NO 616432 1020 1020 616433 1020 616435 616434 1020 616436 1020 616436 TOTAL CHECK 1020 616437 1020 616437 1020 616437 1020 616437 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 616438 61643B 616439 616440 616441 616442 616442 616443 616443 616444 616445 616446 616447 616447 616447 616447 616447 616447 616447 616447 616447 02/25/05 1367 ISSUE DT --------------VENDOR------------- FUND/DEPT 1102401 02/25/05 1>12005 02/25/05 2682 02/25/05 1>12005 02/25/05 2232 02/25/05 2232 02/25/05 149 02/25/05 149 02/25/05 149 02/25/05 149 02/25/05 1057 02/25/05 1057 02/25/05 1156 02/25/05 158 02/25/05 2B71 02/25/05 02/25/05 178 178 CAP I 0 CALIF. DEPT. OF TRANSPOR 1108101 CANTON DELIGHTS CALIFORNIA CAD SOLUTIONS 6109853 5506549 CARIAGA, LOURDES CARIAGA, LOURDES CASH CASH CASH CASH 110 110 1104400 110B601 2709449 1101000 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CHA CHEMSEARCH JACKSON CHOW 110 1108312 5B06349 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 MARY J CRAWFORD MARY J CRAWFORD Collyer, Mary Lou DAPPER TIRE CO DASGUPTA, SHARMILA DE ANZA SERVICES INC DE ANZA SERVICBS INC DE ANZA SERVICBS INC DE ANZA SERVICES INC DE ANZA SERVI CES INC DE ANZA SERVICES INC DB ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC RUN DATE 02/24/05 TIME 11:08:45 02/25/05 02/25/05 187 187 02/25/05 M 02/25/05 201 02/25/05 M 02/25/05 209 02/25/05 209 02/25/05 209 02/25/05 209 02/25/05 209 02/25/05 209 02/25/05 209 02/25/05 209 02/25/0S 209 5806349 5806349 550 6308B40 580 1108503 1108303 1108407 5606640 1108512 1108302 110B508 1108505 110B511 -----DBSCRIPTION------ ENTRY FEE/2005 CAPIO STAND. PLANS METRIC 04 SERV/UPDATES MAPGUIDB ADD. LUNCHES N. YEAR SSGARNSMNT CSGARNSMNT P.CASH 2/17-2/23 P.CASH 2/17-2/23 P.CASH 2/17-2/23 P.CASH 2/17-2/23 *FLEX DEP/240125 *FLEX HLTH/240125 CHA SPILL SHAKERS 27416 SERVICE AGREEMENT FOR *COLONIAL/E7013B99 COLONIAL/E7013899 SPORTS, FUN & GAMES JKR NC O'KAIGAN DOJO Refund: Check - Replac FY 2004-2005 OPEN PURC Refund: Check - WINTER JANITORIAL FEB2005 JANITORIAL FEB2005 JANITORIAL FBB2005 JANITORIAL FEB2005 JANITORIAL FEB200S JANITORIAL FBB2005 JANITORIAL FEB2005 JANITORIAL FEB2005 JANITORIAL FEB2005 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 150.00 20.00 375.00 52.50 103.84 306.50 410.34 51. 59 29.75 143.10 40.00 264.44 14.43 433.60 44B.03 93.00 32.B6 S839.67 173.19 295.83 469.02 366 .17 676.00 1042.17 974.00 436.84 245.00 2048.80 1521.11 1033.22 919.30 1670.61 760.57 144.36 3605.82 1187.16 3-3 02/24/05 CITY OF CUPERTINO PAGE 3 ACCOUNTING PBRIOD: a/05 CHBCK RBGISTBR - DISBURSBMENT FUND SELECTION CRITERIA: tranaact.trana_date between "02/21/2005" and "02/25/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 616447 02/25/05 20' DB ANZA SERVICES INC 1108502 JANITORIAL FEB2005 0.00 8212.58 1020 616447 02/25/05 20' DE ANZA SERVICES INC 1108501 JANITORIAL FEB2005 0.00 2447.87 1020 616447 02/25/05 20' DB ANZA SERVICES INC 1108314 JANITORIAL FEB2005 0.00 4563.39 1020 616447 02/25/05 20' DB ANZA SERVICES INC 1108509 JANITORIAL FEB2005 0.00 728.56 1020 616447 02/25/05 20' DE ANZA SERVICES INC 1108506 JANITORIAL FEB2005 0.00 353.77 1020 616447 02/25/05 20' DB ANZA SERVICES INC 5708510 JANITORIAL FEB2005 0.00 4767.18 1020 616447 02/25/05 20' DB ANZA SERVICES INC 1108513 JANITORIAL FEB2005 0.00 650.07 1020 616447 02/25/05 20' DB ANZA SERVICES INC 1108507 JANITORIAL FEB2005 0.00 2272.94 1020 616447 02/25/05 20' DB ANZA SERVICES INC 1108315 JANITORIAL FEB2005 0.00 760.57 1020 616447 02/25/05 20' DE ANZA SERVICES INC 1108504 JANITORIAL FEB2005 0.00 6369.39 TOTAL CHECK 0.00 44017.27 1020 616448 02/25/05 3114 ELCOR ELECTRIC 4239222 CC&L MPOE RECEPTACLES 0.00 3200.00 1020 616449 02/25/05 3284 EMERGENCY MEDICAL PRODUC 1104400 LATERAL AIRWAY MANAGBM 0.00 702.86 1020 616449 02/25/05 3284 BMERGENCY MEDICAL PRODUC 1104400 LATERAL AIRWAY MANAGEM 0.00 1987.05 TOTAL CHECK 0.00 2689.91 1020 616450 02/25/05 2.2 EMPLOYMENT DEVEL DEPT 110 SIT/932-0014-5 0.00 15697.76 1020 616451 02/25/05 2.3 EMPLOYMENT DEVELOPMENT 110 SDI/776-5260-0 0.00 970.19 1020 616452 02/25/05 23. ENGINEERING DATA SERVICE 1104300 PUBL. HEAR NOT. 2/15 0.00 1743.57 1020 616453 02/25/05 253 EXCHANGE LINEN SERVICE 1106265 LINENS 0.00 360.30 1020 616453 02/25/05 253 EXCHANGE LINEN SERVICE 1106265 RETURN 0.00 -147.00 TOTAL CHBCK 0.00 213.30 1020 616454 02/25/05 2558 FEET FIRST ENTERTAINMENT 5806349 DJ DANCE 2/11/05 0.00 380.00 1020 616455 02/25/05 2361 FIRST BANKCARD 1104000 FEB200S STATEMENT 0.00 47.80 1020 616455 02/25/05 2361 FIRST BANKCARD 5606640 FEB2005 STATEMENT 0.00 56.95 1020 616455 02/25/05 2361 FIRST BANKCARD 6104800 FEB2005 STATEMENT 0.00 104.17 1020 616455 02/25/05 2361 FIRST BANKCARD 1103600 FEB200S STATEMENT 0.00 59.95 TOTAL CHECK 0.00 268.87 1020 616456 02/25/05 2361 FIRST BANKCARD 1103500 JAN2005 STATEMENT 0.00 -3599.30 1020 616456 02/25/05 2361 FIRST BANKCARD 1103300 JAN200S STATEMENT 0.00 269.73 1020 616456 02/25/05 2361 FIRST BANKCARD 1108001 JAN2005 STATEMENT 0.00 106.34 1020 616456 02/25/05 2361 FIRST BANKCARD 1104300 JAN2005 STATEMENT 0.00 106.34 1020 616456 02/25/05 2361 FIRST BANKCARD 1104000 JAN2005 STATEMENT 0.00 106.34 1020 616456 02/25/05 2361 FIRST BANKCARD 1.107200 JAN200S STATEMENT 0.00 106.34 1020 616456 02/25/05 2361 FIRST BANKCARD 1101500 JAN2005 STATEMENT 0.00 106.36 1020 616456 02/25/05 2361 FIRST BANKCARD 1103500 FEB2005 STATEMENT 0.00 2709.01 1020 616456 02/25/05 2361 FIRST BANKCARD 1103600 JAN2005 STATEMENT 0.00 195.00 1020 616456 02/25/05 2361 FIRST BANKCARD 1101000 FEB2005 STATEMENT 0.00 399.22 1020 616456 02/25/05 2361 FIRST BANKCARD 1101200 FEB2005 STATEMENT 0.00 48.00 1020 616456 02/25/05 2361 FIRST BANKCARD 6104800 FEB20D5 STATEMENT 0.00 583.47 1020 616456 02/25/05 2361 FIRST BANKCARD 1103600 FEB2005 STATEMENT 0.00 83.88 1020 616456 02/25/05 2361 FIRST BANKCARD 1101200 JAN2005 STATEMENT 0.00 331.44 TOTAL CHBCK 0.00 1552.17 RUN DATE 02/24/05 TIME 11:08:46 - FINANCIAL ACCOUNTING 3-,-/ 02/24/05 ACCOUNTING PBRIOD: S/05 CITY OF CUPERTINO CHBCK RBGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "02/2~/2005· and "02/25/2005" CASH ACCT CHECK NO FUND - ~10 - GENERAL FUND ISSUB DT --------------VENDOR------------- FUND/DBPT ~020 616457 1020 616458 1020 616459 1020 616460 1020 616461 1020 616462 1020 615453 1020 616454 1020 515465 1020 515466 1020 516457 1020 616458 1020 616469 1020 516459 TOTAL CHBCK 1020 616470 1020 615471 1020 615472 1020 616472 TOTAL CHECK 1020 616473 1020 616474 1020 616475 1020 616476 1020 616477 1020 616477 TOTAL CHECK 1020 616478 02/25/05 2843 02/25/05 M2005 02/25/05 3239 02/25/05 2612 02/25/05 M2005 02/25/05 M 02/25/05 M 02/25/05 M 02/25/05 M 02/25/05 343 02/25/05 3291 02/25/05 1630 02/25/05 3067 02/25/05 3067 02/25/05 382 02/25/05 396 02/25/05 2357 02/25/05 2357 02/25/05 M 02/25/05 3293 02/25/05 1602 02/25/05 2567 02/25/05 2281 02/25/05 2281 02/25/05 M RUN DATE 02/24/05 TIME 11:08:46 FOLGER GRAPHICS INC. HALLMARK, RYAN HARUNA SHIOKAWA RONALD HOGUE HURT, WILLIAM Harner, Dixie Lee Hirose, Adele Hollister, Louise Hoyt, Jane ICMA RETIREMENT TRUST-45 110 JAMES PUBLISHING INC. KIDZ LOVE SOCCER INC KMVT 15 KMVT 15 DAYTON PRINTING INC. PHILLIP M LENIHAN LIGHTHOUSE LIGHTHOUSE Leo, Kathy MARKETING CONCEPTS 1104300 1100000 5806349 5506549 no 550 550 550 550 1101500 5806449 1101031 1101031 5506549 5906449 6308840 6308840 550 1104400 MBIA MUNISERVICES COMPAN 1100000 110 MISDU ** MURPHY ~ DAVIS, LLP ** MURPHY ~ DAVIS, LLP McCaw, Patricia 2507304 2507304 550 -----DESCRIPTION------ NOTIFICATION/RESIDENT B.L./OVERPAYMENT RFD SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR R#19091 & 19093 Refund: Check - Full r Refund: Check Trip c Refund: Check Trip c Refund: Check - Trip c *ICMA CA COURT/JUDGES 2005 SERVICE AGREEMENT FOR INFONET JAN2D05 PUBLIC ACCESS JAN2005 SENIOR LTR MAR/APR 05 SERVICE AGREEMENT FOR PARTS A27321 SWITCH BOX A27321 Refund: Check - Trip c BACKPACKS A25839 S.TAX AUDIT 3RD/2004 J TRYBUS 385960533 LEGAL ADVISE LEGAL ADVISE Refund: Check - Trip c SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING ~-5 PAGE 4 AMOUNT 1704.23 68.84 1494.90 200.00 1494.68 95.00 95.00 95.00 95.00 6027.14 202.45 6856.00 5000.00 2968.66 7968.66 757.75 175.00 52.31 140.48 192.79 95.00 247.58 1250.00 221.50 4.44 148.00 152.44 95.00 02/24/05 ACCOUNTING PERIOD: a/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMBNT FUND SELECTION CRITERIA: transact. trans_date between "02/21/2005" and "02/25/2005" FUND - 11 0 - GENERAL FUND 1020 CASH ACCT CHECK NO 616479 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 616480 616481 616482 616483 616484 616485 616486 616486 616486 616486 616486 616486 616486 616487 616488 616489 616490 616491 616491 616492 616493 616494 616495 616496 616497 616"498 616499 02/25/05 M ISSUE DT --------------VENDOR-------·----- FUND/DEPT McCloakey, Conrad (Mac) 550 02/25/05 M 02/25/05 302 02/25/05 M2005 02/25/05 489 02/25/05 1190 02/25/05 501 02/25/05 02/25/05 02/25/05 02/25/05 02/25/05 02/25/05 02/25/05 .33 .33 .33 833 .33 .33 .33 02/25/05 510 02/25/05 M2005 02/25/05 M2005 02/25/05 533 02/25/05 02/25/05 54' 54' 02/25/05 M2005 02/25/05 602 02/25/05 979 02/25/05 2224 02/25/05 1636 02/25/05 2228 02/25/05 1919 02/25/05 1648 RUN DATE 02/24/05 TIME 11:08:46 Moiroux, Anne-Marie 550 NATIONAL DEFERRED CaMPEN 110 NEW URBAN PUBLICATIONS, 1107200 NOTEWORTHY MUSIC SCHOOL 5806349 RONALD OLDS 1103500 OPERATING ENGINEERS ~3 110 PER S PER S PER S PER S PER S PER S PER S 110 110 110 110 110 110 .110 P.D.M. STEEL 1108303 PATERSON, LAURA 110 PEREZ, RICHARD 110 PERS LONG TERM CARE PROG 110 PITNEY BOWES INC PITNEY BOWES INC 1104310 1104310 RESIDENTIAL HEATING 1100000 ROYAL COACH TOURS 5506549 CITY OF SAN JOSE 1104530 SANTA CLARA CNTY CLERK/R 110 SANTA CLARA CTY SHERIFF 1104510 SANTA CLARA COUNTY SHERI 110 SANTA CLARA VALLEY TRANS 5500000 SAVIN CORPORATION {SUPPL 5806249 -----DESCRIPTION------ REFD: 70197 & 70198 Refund: Check - Reques *NAT'L DEF NEW URBAN NEWS SERVICE AGREEMENT FOR COUNCIL CHAMBERS PROJ UNION DUES *PERS BYBK PERS 1959 PERS EMPLY *PERS OE3 "'PERS BYBK PERS S PBC PERS EM/OE SUPPLIES A27308 DEV.MAINT DEPOSIT DBV. MAINT REFUND PERS LTC/2405 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC OVERPAYMENT OF PERMIT TRANSPORTATION 2/02 ANIMAL SERV. MAR2 0 0 5 10745 N.DEANZA BLVD LIVBSCAN SBRV DEC2004 FUNDERBURK/05-728590 BUS PASSBS FBB2005 STAPLB REFILL/COPIER SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 95.00 27.00 17418.09 69.00 2785.58 402.50 1.360.89 54.34 108.81 18275.92 3117.81 938.18 169.42 3117.81 25782.29 435.33 854.68 626.70 104.42 567,00 591.00 1158.00 68.85 763.63 13833.33 50.00 100.00 236.08 260.00 90.84 3-(P 02/24/05 CITY OF CUPBRTINO PAGB 6 ACCOUNTING PERIOD: 8/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tranBact.trans_date between "02/21/2005" and "02/25/2005" FUND - no - GBNERAL FUND CASH AeCT CHECK NO ISSUE DT ______________VBNDOR_____________ FUND!DBPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 616500 02/25/05 164B SAVIN CORPORATION (SUPPL 1104310 H3720300010 2/21-5/21 0.00 17B5.00 1020 616501 02/25/05 2875 RICOH CUSTOMER FINANCE C 1104310 J0131303354 MAR2005 0.00 114.66 1020 616502 02/25/05 2875 RICOH CUSTOMER FINANCE e 1104310 H3720300010 MAR2005 0.00 1057.60 1020 616503 02/25/05 2692 SBe 1108501 2/07-3/06 0.00 55.30 1020 616503 02/25/05 2692 SBe 5708510 2/07-3/06 0.00 55.30 1020 616503 02/25/05 2692 SBe 1108501 2/07-3/06 0.00 55.30 1020 616503 02/25/05 2692 SBe 1108501 2/07-3/06 0.00 55.30 TOTAL CHBCK 0.00 221.20 1020 616504 02/25/05 3282 ALEXANDER SHULLMAN 5806349 SERVICE AGREEMENT FOR 0.00 3423.34 1020 616505 02/25/05 891 JOAN SPITSEN 5506549 DEATH VALLEY SHUTTLES 0.00 48.00 1020 616506 02/25/05 677 STATE STREET BANK & TRUS 110 *PERS DBF 0.00 3798.97 1020 616507 02/25/05 3248 SUCCESS CHESS SCHOOL 5806349 SERVICE AGREEMENT FOR 0.00 1070.34 1020 616508 02/25/05 2045 SVCN 1104300 FY 2004-2005 OPEN PURe 0.00 52.25 1020 616508 02/25/05 2045 SVCN 1104300 FY 2004-2005 OPEN PURe 0.00 41. 25 1020 616508 02/25/05 2045 SVCN 1104300 FY 2004-2005 OPEN PURe 0.00 206.25 1020 616508 02/25/05 2045 SVCN 1104300 FY 2004-2005 OPEN PURe 0.00 33.00 1020 616508 02/25/05 2045 SVCN 1104300 FY 2004-2005 OPEN PURe 0.00 33.00 1020 616508 02/25/05 2045 SVCN 1104300 FY 2004-2005 OPEN PURe 0..00 74.25 TOTAL CHECK 0.00 440.00 1020 616509 02/25/05 3281 TAPCO 1108601 SUPPLIES 173 8 8 0.00 37.45 1020 616510 02/25/05 3204 TOLL ARCHITECTURAL GRAPH 4239222 COUNCIL CHAMBER PHOTO 0.00 427.50 1020 616511 02/25/05 1993 TREASURER OF .ALAMEDA COU 110 A LOPEZ JR 566398126 0.00 253.84 1020 616512 02/25/05 2665 ERIN TURI 5806349 SERVICE AGREEMENT FOR 0.00 346.00 1020 616513 02/25/05 1154 UNITED WAY OF SANTA CLAR, 110 UNITED WAY 0.00 72 .00 1020 616514 02/25/05 742 COSETTE VIAUD 5806349 SERVICE AGREEMENT FOR 0.00 1850.00 1020 616515 02/25/05 746 VIKING OFFICE PRODUCTS 5506549 OFFICE SUPPLIES 0.00 14.46 1020 616515 02/25/05 746 VIKING OFFICE PRODUCTS 5506549 OFFICE SUPPLIES 0.00 12.55 TOTAL CHECK 0.00 27.01 1020 616516 02/25/05 79. ZANKER ROAD LANDFILL 5208003 YARDWASTB JAN2005 0.00 552.00 1020 616516 02/25/05 79. ZANKER ROAD LANDFILL 5208003 YARDWASTB JAN2005 0.00 12165.89 TOTAL CHECK 0.00 12717.89 TOTAL CASH ACCOUNT 0.00 327245.63 TOTAL FUND 0.00 327245.63 RUN DATE 02/24/05 TIME 11:08:46 - FINANCIAL ACCOUNTING 3-7 DRAFT RESOLUTION NO. 05-042 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 MARCH 04, 2005 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 rrom the funds as hereinafter set forth in Exhibit "A". CERTIFIED: (!¡JuM {)<(J-ju~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino tills 15th day of March , 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 3-C¡ 03/04/05 ACCOUNTING PERIOD: 9/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "02/28/2005" and "03/04/2005" FUND - 110 - GENERAL FUND 1020 CASH ACC'I' CHECK NO 615778 V 1020 1020 1020 1020 1020 TOTAL CHECK 1020 616474 V 616517 616518 616518 616518 616519 1020 616520 1020 616520 TOTAL CHECK 1020 616521 1020 616521 TOTAL CHECK 1020 1020 616522 616523 1020· 616524 1020 616524 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 616525 616526 616527 616528 616528 616528 616528 616528 616529 616530 616530 616531 616532 01/21/05 2899 ISSUE DT --------------VENDOR------------- FUND/DEPT 1101065 02/25/05 3293 03/04/05 ME2005 03/04/05 03/04/05 03/04/05 2982 2982 2982 03/04/05 13 03/04/05 ME2005 03/04/05 ME2005 03/04/05 29 03/04/05 29 03/04/05 2276 03/04/05 2319 03/04/05 44 03/04/05 44 03/04/05 96 03/04/05 982 03/04/05 M 03/04/05 03/04/05 03/04/05 03/04/05 03/04/05 968 968 968 968 968 03/04/05 78 03/04/05 720 03/04/05 720 03/04/05 1012005 03/04/05 1165 RUN DATE 03/04/05 TIME 08:55:53 CPRS DISTRICT IV MARKETING CONCEPTS ABE, SANDY ABLE UNDERGROUND ABLE UNDERGROUND ABLE UNDERGROUND 1104400 1104510 2109612 2109612 2109612 ACME & SONS SANITATION C 5606640 ADAMS, QUINTON ADAMS, QUINTON LYNNE DIANE AITKEN LYNNE DIANE AITKEN ALHAMBRA 6109856 6104800 5706450 5806449 ALL CITY MANAGEMENT SERV 1108201 1106265 AMERICAN RED CROSS AMERICAN RED CROSS 1104400 1104400 ASPEN PUBLISHERS INC ARROWHEAD MTN SPRING WAT 5606620 1101500 BAGE, KSHAMA BAP AUTO PARTS BAP AUTO PARTS BAP AUTO PARTS BAP AUTO PARTS BAP AUTO PARTS JO ANN BARNEY BATTERY SYSTEMS BATTERY SYSTEMS BERNIE, BARBARA 580 6308840 6308840 6308840 6308840 6308840 5806249 6308840 6308840 BRUCE BARTON PUMP SERVIC 1108303 no -----DESCRIPTION------ YAC ATTACK RBG. 3/5 BACKPACKS A2 583 9 CONF 2/06-08 S.ASE GLENVIBW 12/8 SERVICB CLBAN S.DRAINS CLEAN S.DRAINS FY 2004-2005 OPBN PURC MEMORY CHIP CISCO REF. BOOKS SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR WATBR DELIVERY QC CROSSING GUARDS FES05 QUICK REF. FIRST AID BOOKS/KITS BOTTLED WATER BBF LAW PROP RIGHT PROTo RPL CK611497 CUP.NATL FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPBN PURC SERVICE AGREEMENT FOR FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC ENCROACH BOND RELEASE REPAIRS A27338 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING ~ PAGE 1 AMOUNT -135.00 -247.58 723.82 360.00 2400.00 600.00 3360.00 182.83 149.39 62.67 212.06 140.00 210.00 350.00 97.86 7786.89 9.00 280.00 289.00 89.10 162.63 100.00 -9.57 37.78 183.48 52.37 26.33 290.39 138.00 34.59 41.78 76.37 500.00 195.00 3~/O 03/04/05 ACCOUNTING PERIOD, 9/05 CITY OF CUPBRTINO CHBCK RBGISTBR - DISBURSBMBNT FUND SELECT~ON CR~TER~A: transact. trans_date between R02/28/2005" and "03/04/2005" FUND - 110 - GENERAL FUND CASH ACCT CHBCK NO 1020 616532 TOTAL CHBCK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 616533 616534 616535 616535 616536 616537 616538 616539 616540 616541 616542 616542 616543 616544 616545 616546 616547 616548 616549 616549 616549 616550 616551 616552 616553 03/04/05 1165 ISSUB DT --------------VBNDOR------------- FUND/DEPT BRUCB BARTON PUMP SBRVIC 1108303 03/04/05 127 03/04/05 132 03/04/05 03/04/05 146 146 THE CALIFORNIA CHANNEL 1103500 03/04/05 152 03/04/05 ME2005 03/04/05 1453 03/04/05 M 03/04/05 1333 03/04/05 3100 03/04/05 03/04/05 1579 1579 CALIFORNIA WATBR SERVICE 1108321 CASH CASH 5806349 1106343 03/04/05 194 03/04/05 M 03/04/05 201 03/04/05 3177 03/04/05 205 03/04/05 1242 03/04/05 03/04/05 03/04/05 3031 3031 3031 CEB:CONTINUING EDUCATION 1101500 CHOU, JASON 1108101 03/04/05 223 03/04/05 M 03/04/05 2664 03/04/05 3114 CHRISTOPHBRS 1108501 CINELLA, MARINA 580 CLASS SOFTWARE SOLUTIONS 5506549 COM CAST 1108512 CUPERTINO LOC-N-STOR LLC 1108503 CUPERTINO LOC-N-STOR LLC 1108501 CUPERTINO SUPPLY INC 5606620 Chopra, Roger 550 DAPPER TIRE CO 6308840 NINA DARUWALLA 1104400 DAVID WELLHOUSE & ASSOC 1100000 DIGITAL PRINT IMPRESSION 1106529 DOGGIE WALK BAGS, INC. DOGGIE WALK BAGS, INC. DOGGIE WALK BAGS, INC. 1108303 1108314 1108315 DON & MIKE'S SWEEPING IN 2308004 DUK-SHIN CHOI 580 KATHLEEN DUTRA 5806449 BLeOR ELECTRIC 4239222 RUN DATE 03/04/05 TIME 08:55:53 -----DBSCRIPTION------ PARTS/SUPPLIES A27337 PROGRAMMING MARCH2005 1/27-2/24 FOUNTAIN P.CASH P.CASH 2/06-3/02 2/06-3/02 VARIOUS PUBLICATIONS SEMINAR AIRFARE CARPET REPAIRS 2/04 Refund: Check - WINTER S.TAX ON INV 20230 2/26-3/25 COMM.HALL G-33 MARCH 2005 RENT G-34 MARCH 2005 RENT FY 2004-2005 OPEN PURC REFDS: 70751 & 70752 FY 2004-2005 OPEN PURC SERVICE 2/22-3/02 ACTUAL CLAIMS FILED B.C./K.DU GOSS 2SIDES DISPENSER BAGS DISPENSER BAGS DISPENSER BAGS STREET SWEEP FEB2005 RPL CK 610346 C.NAT'L SERVICE AGREEMENT FOR JUNC.BOXES/CUBICLES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 394.63 58.9.63 253.34 14.40 206.54 14.50 221.04 785.90 100.00 180.00 51.00 27.23 69.90 217.00 217.00 434.00 7.83 20.00 298.32 450.00 2500.00 263.89 976.52 976.52 976.52 2929.56 8456.40 40.00 420.00 1166.69 3-/1 03/04/05 CITY OF CUPBRTINO PAGB 3 ACCOUNTING PBRIOD: 9/OS CHBCK RBGISTER - DISBURSEMENT PUND SELECTION CRITERIA: transact. trans_date between "02/28/2005" and "03/04/2005" PUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX. AMOUNT 1020 616554 03/04/05 3147 MARTHA ENGBER 5706450 SERVICE AGREEMENT paR 0.00 245.00 1020 616555 03/04/05 250 EUPHRAT MUSEUM OF ART 5806249 SERVICE AGREEMENT paR 0.00 4830.00 1020 616556 03/04/05 260 FEDERAL EXPRESS CORP 1101500 COURIER SERVICE 0,00 12.91 1020 616556 03/04/05 260 FEDERAL EXPRESS CORP 1101070 COURIER SERVICE 0.00 18.26 1020 616556 03/04/05 260 FEDERAL EXPRESS CORP 1103301 COURIER SERVICE 0.00 18.94 TOTAL CHECK 0.00 50.11 1020 616557 03/04/05 2361 PIRST BANKCARD 4239222 FEB2005 STATEMENT 0.00 915.23 1020 616558 03/04/05 2361 FIRST BANKCARD 1101000 FEB2005 STATBMENT 0.00 349.96 1020 616558 03/04/05 2361 FIRST BANKCARD 1104300 FEB2005 STATEMENT 0.00 106.22 1020 616558 03/04/05 2361 FIRST BANKCARD 1104000 FEB2005 STATEMENT 0.00 199.00 TOTAL CHECK 0.00 655.18 1020 616559 03/04/05 2361 FIRST BANKCARD 2708403 PEB2005 STATEMENT 0.00 148.46 1020 616559 03/04/05 2361 FIRST BANKCARD 1108501 FBB2005 STATEMBNT 0.00 11.61 1020 616559 03/04/05 2361 FIRST BANKCARD 5708510 FBB2005 STATEMENT 0.00 236.00 1020 616559 03/04/05 2361 FIRST BANKCARD 2708405 FEB2005 STATEMENT 0.00 44.84 TOTAL CHECK 0.00 440.91 1020 616560 03/04/05 2361 FIRST BANKCARD 1106100 FEB2005 STATEMENT 0.00 -476.00 1020 616560 03/04/05 2361 FIRST BANKCARD 5706450 PEB2005 STATEMENT 0.00 277.54 1020 616560 03/04/05 2361 FIRST BANKCARD 5806349 FEB2005 STATEMBNT 0.00 823.36 1020 616560 03/04/05 2361 FIRST BANKCARD 5806449 FEB2005 STATEMENT 0.00 459.99 1020 616560 03/04/05 2361 FIRST BANKCARD 1106343 FEB2005 STATEMENT 0.00 68.12 1020 616560 03/04/05 2361 FIRST BANKCARD 1106265 FEB2005 STATEMENT 0.00 866.74 1020 616560 03/04/05 2361 FIRST BANKCARD 1106647 FBB2005 STATBMENT 0.00 16.60 TOTAL CHECK 0.00 2036.35 1020 616561 03/04/05 2361 FIRST BANKCARD 1108503 FEE2005 STATEMENT 0.00 34.72 1020 616561 03/04/05 2361 FIRST BANKCARD 1108512 FBB2005 STATEMENT 0.00 37.76 1020 616561 03/04/05 2361 FIRST BANKCARD 1108502 FEB2005 STATEMENT 0.00 113.79 1020 616561 03/04/05 2361 FIRST BANKCARD 1108504 FEB2005 STATEMENT 0.00 580.69 1020 616561 03/04/05 2361 FIRST BANKCARD 1108508 FEBlO05 STATEMENT 0.00 74.84 TOTAL CHECK 0.00 841.80 1020 616562 03/04/05 2361 FIRST BANKCARD 5606620 FEB2005 STATEMENT 0.00 107.50 1020 616563 03/04/05 2361 FIRST BANKCARD 1108503 FEB2005 STATEMENT 0.00 106.28 1020 616563 03/04/05 2361 FIRST BANKCARD 1108505 FEB2005 STATEMENT 0.00 80.23 1020 616563 03/04/05 2361 FIRST BANKCARD 5708510 FBB2005 STATEMENT 0.00 35.92 1020 616563 03/04/05 2361 FIRST BANKCARD 1108507 FEB2005 STATEMENT 0.00 143.90 1020 616563 03/04/05 2361 FIRST BANKCARD 6308840 FEB2005 STATEMENT 0.00 64.42 1020 616563 03/04/05 2361 FIRST BANKCARD 1108508 FBB2005 STATEMENT 0.00 21.83 1020 616563 03/04/05 2361 FIRST BANKCARD 1108501 FEB2005 STATEMBNT 0.00 47.36 1020 616563 03/04/05 2361 FIRST BANKCARD 1108504 PEB2oo5 STATBMENT 0.00 57.44 TOTAL CHECK 0.00 557.38 RUN DATB 03/04/05 TIME 08:55:54 - FINANCIAL ACCOUNTING 3-/';). 03/04/05 CITY OF CUPERTINO PAGE 4 ACCOUNTING PBRIOD: 9/05 CHBCK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "02/28/2005" and "03/04/2005" FUND 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 616564 03/04/05 266 RYAN FORBES 5806449 SERVICE AGREEMENT FOR 0.00 740.10 1020 616565 03/04/05 274 FRY'S ELECTRONICS 6308840 SUPPLIES A27326 0.00 160.97 1020 616566 03/04/05 M2005 FU. LI-SHENG 110 RPL CK610580 C.NAT'L 0.00 326.92 1020 616567 03/04/05 " FUNG, DAVID 580 Refund: Check - REFUND 0.00 100.00 1020 616568 03/04/05 2476 " " I POWER EQUIPMENT 1108409 HAND BLOWER A27333 0.00 220.07 1020 616568 03/04/05 2476 " " I POWER EQUIPMENT 1108409 BLOWER A27332 0.00 384.29 TOTAL CHECK 0.00 604.36 1020 616569 03/04/05 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURe 0.00 2.91 1020 616569 03/04/05 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURe 0.00 197.00 1020 616569 03/04/05 281 GARDBNLAND 6308840 FY 2004-2005 OPEN PURe 0.00 99.99 1020 616569 03/04/05 281 GARDENLAND 6308840 FY 2004-2005 OPEN FURe 0.00 17.47 1020 616569 03/04/05 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURe 0.00 5.13 1020 616569 03/04/05 281 GARDENLAND 6308840 FY 2004-2005 OPEN PURe 0.00 38.97 1020 616569 03/04/05 281 GARDBNLAND 6308840 FY 2004-2005 OPEN PURe 0.00 25.01 1020 616569 03/04/05 281 GARDBNLAND 6308840 FY 2004-2005 OPEN FURe 0.00 16.63 TOTAL CHECK 0.00 403.11 1020 616570 03/04/05 3132 SOPHIE GIARETTA 5706450 SERVICE AGREEMENT FOR 0.00 304.00 1020 616571 03/04/05 296 KAREN GOTTLEIB 5806449 SERVICE AGREEMENT FOR 0.00 1568.00 1020 616572 03/04/05 2" GRAINGER INe 5606620 PARTS/SUPPLIES A26026 0.00 508.55 1020 616572 03/04/05 298 GRAINGER INe 5606620 PARTS/SUPPLIES A26026 0.00 19.46 1020 616572 03/04/05 2.8 GRAINGER INe 5606620 PARTS/SUPPLIES A26026 0.00 30.30 1020 616572 03/04/05 2.8 GRAINGER INe 5606620 PARTS/SUPPLIES A26027 0.00 495.21 1020 616572 03/04/05 2.8 GRAINGER INe 6308840 FY 2004-2005 OPEN PURe 0.00 140.39 1020 616572 03/04/05 2.8 GRAINGER INe 1108830 FY 2004-2005 OPBN FURe 0.00 187.55 1020 616572 03/04/05 2.8 GRAINGER INe 1108503 FY 2004-2005 OPEN PURe 0.00 47.40 TOTAL CHECK 0.00 1428.86 1020 616573 03/04/05 315 JILL HAFF 5806449 SERVICE AGREEMENT FOR 0.00 510.00 1020 616574 03/04/05 " HARA. HARIKO 580 RPL CK609658 C.NAT'L 0.00 142.00 1020 616575 03/04/05 3211 HARTFORD-PRIORITY ACCTS 110 LIFE INSURANCE 0.00 5294.25 1020 616575 03/04/05 3211 HARTFORD-PRIORITY ACCTS 110 AD & D 0.00 882.38 TOTAL CHECK 0.00 6176.63 1020 616576 03/04/05 3026 HEALTH CARE DENTAL TRUST 110 OB3 1539-0005 0.00 4197.58 1020 616576 03/04/05 3026 HEALTH CARE DBNTAL TRUST 110 UNREP 1539-0004 0.00 3898.08 1020 616576 03/04/05 3026 HEALTH CARE DBNTAL TRUST 110 CBA 1539-0006 0.00 6004.08 TOTAL CHBCK 0.00 14099.74 1020 616577 03/04/05 1410 HILLYARD 5606640 SUPPLIBS 0.00 222.62 1020 616578 03/04/05 1898 HORIZON 1108303 FY 2004-2005 OPEN PURC 0.00 37.99 RUN DATE 03/04/05 TIME 08:55:54 - FINANCIAL ACCOUNTING 3-/3 03/04/05 ACCOUNTING PERIOD: 9/05 CITY OF CUPERTINO CHECK RBGISTER - DISBURSEMENT FUND SELECTION CR:I;TERIA: transact. trans_date between "02/28/2005" and "03/04/2005" FUND - 110 - GENERAL FUND CASH ACcr CHECK NO 1020 616578 TOTAL CHECK 1020 616579 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 616580 616580 616580 616580 616580 616581 616582 616583 616584 616585 616586 616587 616588 616589 616589 616589 616590 616590 616591 616592 616593 616594 6Hi595 616596 616596 616596 616596 03/04/05 1898 ISSUE DT --------------VENDOR------------- FUND/DBPT 1108312 03/04/05 M 03/04/05 03/04/05 03/04/05 03/04/05 03/04/05 2528 2528 2528 2528 2528 HORIZON Harner, Dixie Lee 550 03/04/05 M 03/04/05 2285 03/04/05 M2005 03/04/05 M200S 03/04/05 M2005 03/04/05 2882 03/04/05 to! 03/04/05 2300 03/04/05 03/04/05 03/04/05 2999 2999 2999 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD 1108315 1108314 1108312 1108303 1108302 03/04/05 03/04/05 3296 3296 Isetorp, Susan 550 03/04/05 3228 03/04/05 400 03/04/05 2713 03/04/05 M 03/04/05 2448 03/04/05 465 03/04/05 465 03/04/05 465 03/04/05 465 KATHRYN KELLY JOBSTEN 1106265 JOHNSTON HOUSE 5506549 JOSE BASALDUA CONSTRUCTI 110 KAO, JEN 110 ROBERT A. KIM 1103501 Koser, Dolores 550 BARBARA LAUX 5506549 LESCO LESCO LESCO 1108314 1108312 1108312 LESLIE E ROBERTSON ASSOC 1108101 LESLIE E ROBERTSON ASSOC 2709449 LYJA LEVAS 5706450 LIFETIME TENNIS INC 5706450 REBECCA MCCORMICK 5806449 MILLER, MICHAEL 580 MO, TERESA F. 5506549 MOUNTAIN VIEW GARDEN CEN 1108314 MOUNTAIN VIEW GARDEN CEN 1108314 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108314 RUN DATE 03/04/05 TIME 08:55:~4 -----DBSCRIPTION------ FY 2004-2005 OPEN PURC Refund: Check - Replac FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004w2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: check - Replac SERVICE AGREEMENT FOR RPL CK609370 C.NAT'L ENCROACH BOND RELEASE ENCROACH BOND RELEASE PLAN.COMM. COVERAGE Refund: Check - Credit SERVICE AGREEMENT FOR FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE 1/31-2/27/05 SERVICE AGREEMENT FOR Refund: Check - WINTER EXPENSES/ACTIVITIES FY 2004-2005 OPEN PURC FY 2004-2005 OPBN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 638.62 676.61 52.00 73 .34 73 .33 73.33 73.33 73 .33 366.6G 68.00 137.50 BO.OO 500.00 500.00 200.00 350.00 600.00 779.GO 779.60 4487.67 6046.87 25000.00 957.17 25957.17 2BO.00 43061.99 210.00 238.00 125.63 24.36 24.36 9.19 36.75 3 -If 03/04/05 CITY OF CUPBRTINO PAGB 6 ACCOUNTING PERIOD: 9(05 CHECK REGISTBR - DISBURSEMENT FUND SELBCTION CRITBRIA: transact. trans_date between "02/29/2005~ and "03/04/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DBPT -----DBSCRIPTION------ SALES TAX AMOUNT TOTAL CHBCK 0,00 94.66 1020 616597 03/04/05 3295 MPL/LAERDAL 1104400 BP TRAINING MANIKIN 0.00 619.76 1020 616599 03/04/05 2666 MUSIC FOR YOUNG CHILDREN 5906249 SERVICE AGREEMENT FOR 0.00 752.00 1020 616599 03/04/05 M Moll, Jeannine 550 Refund: Check - Easter 0.00 200.00 1020 616600 03/04/05 2194 NOBLE TRACTOR, INC, 5606620 PARTS/SUPPLIES A26029 0.00 184.75 1020 616601 03/04/05 1681 NU-WAY TOOL SUPPLY INC 1108303 SUPPLIES 24132 0.00 42.06 1020 616601 03/04/05 1681 NU-WAY TOOL SUPPLY INC 5606640 PARTS/SUPPLIES A26031 0.00 456,44 TOTAL CHECK 0.00 498.50 1020 616602 03/04/05 2206 O.K. FIRE EQUIPMENT COMP 1104400 RE-CHARGE 0.00 164.95 1020 616602 03/04/05 2206 O.K. FIRE EQUIPMENT COMP 1104400 FIRE EXTINGUISHERS 0.00 1309.83 TOTAL CHECK 0.00 1474.78 1020 616603 03/04/05 4'3 OFFICE DBPOT 1108101 OFFICB SUPPLIES 0.00 43.29 1020 616603 03/04/05 4'3 OFFICE DEPOT 1101200 OFFICE SUPPLIES 0.00 104.40 1020 616603 03/04/05 493 OFFICE DEPOT 2709449 OFFICE SUPPLIES 0.00 31.61 1020 616603 03/04/05 493 OFFICE DEPOT 1106265 OFFICE SUPPLIES 0.00 137.27 1020 616603 03/04/05 4.3 OFFICE DEPOT 5906249 OFFICE SUPPLIES 0.00 44.83 1020 616603 03/04/05 4.3 OFFICE DEPOT 1104000 OFFICE SUPPLIES 0.00 154.88 1020 616603 03/04/05 4.3 OFFICE DEPOT 1104400 OFFICE SUPPLIES 0.00 99.55 1020 616603 03/04/05 4.3 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 121.62 1020 616603 03/04/05 4'3 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 59.81 1020 616603 03/04/05 4.3 OFFICE DEPOT 1101201 OFFICE SUPPLIES 0.00 40.06 1020 616603 03/04/05 4'3 OFFICE DEPOT 1101000 OFFICE SUPPLIES 0.00 24.77 1020 616603 03/04/05 4'3 OFFICE DEPOT 1101200 OFFICE SUPPLIES 0,00 46.29 1020 616603 03/04/05 4.3 OFFICE DEPOT 1102401 OFFICE SUPPLIBS 0,00 146.44 1020 616603 03/04/05 4.3 OFFICE DEPOT 1107302 OFFICE SUPPLIES 0.00 30,14 1020 616603 03/04/05 4'3 OFFICE DEPOT 1108201 OFFICE SUPPLIES 0.00 113.01 1020 616603 03/04/05 4.3 OFFICE DEPOT 1102401 OFFICE SUPPLIES 0.00 104.39 TOTAL CHECK 0.00 1302.36 1020 616604 03/04/05 4.4 OFFICE DEPOT, INC. 1101500 OFFICE SUPPLIES 0.00 55.88 1020 616605 03/04/05 3195 ORIENTAL CUISINE EXPRESS 5506549 WEDNESDAY LUNCH 3/02 0.00 64.95 1020 616606 03/04/05 2444 PACIFIC GAS & ELECTRIC 1108830 1/21-2/18. 0.00 18824.12 1020 616607 03/04/05 6'0 PENINSULA FORD 6308840 FY 2004-2005 OPEN PURC 0.00 9.67 1020 616607 03/04/05 5.0 PENINSULA FORD 6308840 FY 2004-2005 OPEN PURC 0.00 187.40 1020 616607 03/04/05 690 PENINSULA FORD 6308840 FY 2004-2005 OPEN PURC 0,00 59.10 1020 616607 03/04/05 6.0 PENINSULA PORD 6308840 FY 2004-2005 OPEN PURC 0.00 -14.02 1020 616607 03/04/05 6.0 PENINSULA FORD 6308840 FY 20.04-2005 OPEN PURC 0.00 52.15 1020 616607 03/04/05 6.0 PENINSULA FORD 6308840 FY 2004-2005 OPEN PURC 0.00 -49.08 1020 616607 03/04/05 6.0 PENINSULA FORD 6308840 FY 2004-2005 OPEN PURC 0.00 22.15 1020 616607 03/04/05 6'0 PENINSULA PORD 6308840 FY 2004-2005 OPEN PURC 0.00 41. 87 TOTAL CHECK 0.00 309.24 RUN DATE 03/04/05 TIME 08:55:54 - FINANCIAL ACCOUNTING 3-/5 03/04/05 CITY OF CUPERTINO PAGE 7 ACCOUNTING PBRIOD: 9/05 CHBCK RBGISTBR - DISBURSBMENT FUND SELECTION CRITERIA: transact. trans_date between "02/28/2005" and "03/04/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUB DT --------------VENDOR------------- FUND/DBPT -----DBSCRIPTION------ SALES TAX AMOom 1020 616608 03/04/05 545 JEFF PISERCHIO 5606640 SERVICE 2/16-3/01 0.00 1995.00 1020 616609 03/04/05 3149 MELISSA PITTILLO 5706450 SERVICE AGREEMENT FOR 0.00 480.00 1020 616610 03/04/05 2661 PROFESSIONAL TURF MGMNT, 5606640 FEB2005 MAINTENANCE 0.00 15022.67 1020 616610 03/04/05 2661 PROFESSIONAL TURF MGMNT , 5609105 CIP/TREES 0.00 1500.00 TOTAL CHECK 0.00 16522.67 1020 616611 03/04/05 3286 PROGRESSIVE MEDICAL INTB 1104400 MEDSTORM BONES REGULAT 0.00 9.78 1020 616611 03/04/05 3286 PROGRESSIVE MEDICAL INTE 1104400 MBDSTORM NO PADS BACKE 0.00 1495.06 TOTAL CHECK 0.00 1504.84 1020 616612 03:/04/05 2441 RENEE RAMSEY 5806249 SERVICE AGREEMENT FOR 0.00 928.00 1020 616613 03/04/05 3251 CARTER J. ROBINSON 1104400 SERVICB 1/28-2/28 0.00 1500.00 1020 616614 03/04/05 2833 THEA RUNYAN 5706450 SERVICE AGREEMENT FOR 0.00 320.00 1020 616615 03/04/05 2011 S.O.S. SURVIVAL PRODUCTS 1104-400 POP UP PRIVACY TENT 0.00 2478.97 1020 616616 03/04/05 '50 THE MERCURY NEWS 1106265 2997045 3/20-6/18/05 0.00 49.26 1020 616617 03/04/05 M2005 SANTA CLARA COUNTY 1104400 2005 RNWL M.HOVEY 0.00 50.00 1020 616618 03/04/05 633 SANTA CLARA COUNTY SHERI 5806349 DANCE 2/11 0.00 305.16 1020 616619 03/04/05 2875 RICOH CUSTOMER FINANCE C 1108201 3/01-3/31 J8332201915 0.00 130.94 1020 616620 03/04/05 511 SBC/MCI 1108502 #2524620 1/01-2/27 0.00 107.12 1020 616620 03/04/05 511 SBC/MCr 1108507 #5170211 1/01-1/27 0.00 14.69 1020 616620 03/04/05 511 SBC/MCI 1108501 #5171195 1/01-2/19 0.00 88.11 1020 616620 03/04/05 511 SBC/Mcr 1108503 #9969248 1/01-2/27 0.00 15.04 1020 616620 03/04/05 511 sBc/MCr 6104800 #0215331 2101-2128 0.00 589.32 1020 616620 03/04/05 511 SBC/MCI 1108501 #0213488 2101-2128 0.00 589.32 TOTAL CHECK 0.00 1403.60 1020 616621 03/04105 M SHANLY I ANNE 550 RPL CK611952 C.NAT'L 0.00 59.00 1020 616622 03/04/05 647 ELIZABETH SHANNON 5806449 SERVICE AGREEMENT FOR 0.00 450.00 1020 616623 03/04/05 1916 CAROL SHEPHERD 2159620 EXPENSES SCVWD COLLAS 0.00 122.88 1020 616624' 03/04/05 "4 CHERYL STODDARD 5806449 SERVI CE AGREEMENT FOR 0.00 262.50 1020 616625 03/04/05 M SUBRAMONIAN, GEETA seo Refund: check - Winter 0.00 55.00 1020 616626 03/04/05 3274 SULZER PACO PUMPS 5606620 PACO PUMP MODEL#10-309 0.00 3886.18 1020 616627 03/04/05 52' SUNGARD PENTAMATION, INC 6104800 S.ENG.MAINT MAR-FEB06 0.00 1710.35 RUN DATE 03/04/05 TIME 08:55:54 - FINANCIAL ACCOUNTING 3-1fs> 03/04/05 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD: 9/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: traneact.trans_date between ft02/28/2005ft and ft03/04/2005ft FUND - 110 - GENERAL PUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUNDjDEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 616628 03/04/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN PURC 0.00 120.32 1020 616628 03/04/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN PURC 0.00 75.10 1020 616628 03/04/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN PURC 0.00 41.33 TOTAL CHECK 0.00 236.75 1020 616629 03/04/05 2045 SVCN 5208003 RECYCLE ADS A25055 0.00 504.00 1020 616629 03/04/05 2045 SVCN 5208003 COMPOST ADS A25056 0.00 252.00 TOTAL CHECK 0.00 756.00 1020 616630 03/04/05 695 SYSCO FOOD SERVICES OP S 5506549 BINGO SUPPLIES 0.00 338.20 1020 616630 03/04/05 695 SYSCO POOD SERVICES OF S 5506549 SERVICE CHARGE BINGO 0.00 6.99 1020 616630 03/04/05 695 SYSCO FOOD SERVICES OF S 5506549 SOCIALS SUPPLIES 0.00 196.59 TOTAL CHECK 0.00 541. 78 1020 616631 03/04/05 M TAKANO, KBNICHI SBO Refund: Check - WINTER 0.00 114.00 1020 616632 03/04/05 700 TARGET SPECIALTY PRODUCT 1108303 FY 2004-2005 OPEN PURC 0.00 2355.52 1020 616632 03/04/05 700 TARGET SPECIALTY PRODUCT 1108312 FY 2004-2005 OPEN PURC 0.00 2009.36 TOTAL CHECK 0.00 4364.88 1020 616633 03/04/05 701 TARGET STORES 5806449 SUPPLIES 25829 0.00 12.65 1020 616633 03/04/05 701 TARGET STORES 5706450 SUPPLIES 21774 0.00 21.64 1020 616633 03/04/05 701 TARGET STORES 5806249 SUPPLIES 25829 0.00 16.16 TOTAL CHECK 0.00 50.45 1020 616634 03/04/05 M TELITSYN, OGLA SBO Refund: Cheék WINTER 0.00 198.00 1020 616635 03/04/05 M TERZIAN, KAY 580 Refund: Check - WINTER 0.00 11.00 1020 616636 03/04/05 708 NANCY THOMPSON 5806449 SERVICE AGREEMENT FOR 0.00 270.00 1020 616637 03/04/05 709 LOU THURMAN 5806449 SERVICE AGREEMENT FOR 0.00 882.39 1020 616638 03/04/05 2665 ERIN TURI 5806249 SERVICE AGREEMENT POR 0.00 1813 .00 1020 616639 03/04/05 738 VALLEY OIL COMPANY 6308840 FY 2004-2005 OPEN PURC 0.00 4690.69 1020 616639 03/04/05 738 VALLEY OIL COMPANY 6308840 FY 2004-2005 OPEN PURC 0.00 33.23 TOTAL CHECK 0.00 4723.92 1020 616640 03/04/05 750 VISION SERVICE PLAN (CA) 110 VISION INSURANCE MAR5 0.00 2061. 00 1020 616641 03/04/05 M2005 WALL STREET JOURNAL 1104000 RENEWAL C.ATWOOD 0.00 215.42 1020 616642 03/04/05 2904 WBBBX COMMUNICATIONS INC 6104800 MAR2005 WEB SERVICE 0.00 600.00 1020 616643 03/04/05 2856 WESCO GRAPHICS 1106500 SPRING05 REC SCHEDULE 0.00 770.82 1020 616643 03/04/05 2856 WESCO GRAPHICS 5606600 SPRING05 REC SCHEDULE 0.00 514.48 1020 616643 03/04/05 2856 WESCO GRAPHICS 5806449 SPRING05 REC SCHEDULE 0.00 2569.68 1020 616643 03/04/05 2856 WESCO GRAPHICS 5806249 SPRING05 REC SCHEDULE 0.00 2569.68 1020 616643 03/04/05 2856 WESCO GRAPHICS 5806349 SPRING05 REC SCHEDULE 0.00 2569.68 TOTAL CHECK 0.00 8994.34 RUN DATE 03/04/05 TIME 08:55:54 - FINANCIAL ACCOUNTING 3-/7 03/04/05 ACCOUNTING PERIOD: 3/05 CITY OF CUPERTINO CHBCK RBGISTER - DISBURSEMENT FUND PAGB 9 SELECTION CRITERIA: transact. trans_date between "02/28/2005~ and "03/04/2005" FUND - 110 - GENERAL FUND CASH ACCT CHBCK NO ISSUE DT --------------VBNDOR------------- FUND/DBPT -----DBSCRIPTION------ SALBS TAX AMOUNT 1020 616644 03/04/05 3216 ANDREW WILLYOUNG 5506549 SERVICB AGREEMENT FOR 0.00 240.00 1020 616645 03/04/05 M2005 WU, KUO-LIANG 110 BNCROACH BOND RELEASE 0.00 500.00 1020 616646 03/04/05 792 LILY WU 5706450 SERVICE AGREEMENT FOR 0.00 152.00 1020 616647 03/04/05 3225 ANITA YES 5706450 SERVI CS AGREEMBNT FOR 0.00 175.00 1020 616648 03/04/05 2786 YUAN CHIH DANCE OF AMBRI 5506549 SERVICE AGREEMENT FOR 0.00 210.00 1020 616649 03/04/05 " Zaidelson, Rosa 550 Refund: Check - Replac 0.00 68.00 1020 616650 03/04/05 197 CTC FUNDING LLC 1101500 RENT MAR2005 ATTORNEY 0.00 3225.00 1020 616651 03/04/05 3293 MARKETING CONCEPTS 1104400 BACKPACKS A25839 0.00 231. 60 TOTAL CAS" ACCOUNT 0.00 239402.58 TOTAL FUND 0.00 239402.58 TOTAL REPORT 0.00 239402.58 RUN DATE 03/04/05 TIME 08:55:54 - FINANCIAL ACCOUNTING 3-/8 RESOLUTION NUMBER 05-043 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON February 25, 2005 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy ofthe 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 rrom the funds set forth: GROSS PAYROLL $ 404,1I7.4l Less Employee Deductions $(116,538.84) NET PAYROLL $ 287.578.57 Payroll check numbers issued 80764 through 80973 Void check number(s) 80834 CERTIFIED: ~ Q -~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March , 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 4-1 /1~.1 I j\\~ #" ::::J City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 I F CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. 5 Meeting Date: March 15, 2005 SUBJECT Accept the Treasurer's Budget Report - January 2005. BACKGROUND Attached are the Treasurer's and Budget reports for the period ended January 31, 2005. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $36.5 million at January 31,2005, with a maturity value of $36.7 million. The slightly lower market value of the individual securities (compared with cost or maturity values), indicates that rates have risen since the time of purchase. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. The Local Agency Investment Fund (LAIF) yielded 2.264% in January compared to December's 2.134%, and 1.528% a year ago. LAIF yields have risen consistently since June, when the yield was 1.469%. The City's portfolio as a whole yielded 2.55% in January. Short-tenn agency yields increased slightly during the month, but no purchases were made. Overall, the City's current investment portfolio increased approximately $3.8 million in January. The increase is primarily due to property tax payments received in January ($2.8 million) and other planned revenues over expenditures. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law, and are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. 5-1 Printed on Recycled Paper Revenue/Expenditure Trends Bottom line General Fund revenues are tracking at budget projections due to the timing of major tax payments rrom the County and other tax revenues submitted this month. MVLF revenue is reduced pennanently in this fiscal year, as compared to the temporary decrease caused by the loan of MVLF revenue to the State last year, with the offset showing in the property tax line item. Both sales tax and MVLF losses were offset this month as the County submitted payments under the triple flip and MVLF swap provisions: funds set aside rrom the County ERAF fund were used to offset the sales tax revenue reduction and an adjustment rrom the Vehicle License Fee Property Tax Compensation Fund was also made. The State will "true-up" these two revenues in September 2005. The MVLF allocation will be considered property tax and grow or decline in future years according to local assessments. Finance will be preparing a mid- year revenue re-allocation to show this pennanent change rrom intergovernmental revenues to property taxes. Hotel tax revenues are healthier than in the prior year, and should come in over budget for 2004-05, whereas utility user tax revenues are still lagging. Licenses and charges for services have increased as a result of increases in development fee rates and additional activity in Building and Planning. Departmental expenditures are 13.65% lower than prior year spending due to the city's hiring rreeze. RECOMMENDATION: Accept the Treasurer's and Budget report for January 2005. Submitted by: Approved for submission: (!'ßAfl. tHw ð ot¿ Carol Atwood Administrative Services Director ~( David W. Knapp City Manager 5'- ;). City of Cupertino January 2005 I . I ACTIVITY DATE ADJUSTED MA TURITV MARKET UNREALIZED I PURCHASE MATURITY DESCRIPTION _ REF YIELD COST VALUE V AWE PROFIT/LOSS I - SECURITIES MATURED/CALLED ...-- -- -- 1 -- ---- ---- -- - --- -- -- -- ----- ____ I I -- -- - ~ t-- . j SECURITIES PURCHASED I ..' ""U_ - -------- .. -..-- --- ---- - --------- - --- -- -- I-- --------~- --- _. .- I· i CURRENT PORTFOLIO -- ---------- - ! ..-.- - --- - ---.- ---~---------- CASH ! ¡ 01/31/05 : Cupertino National Bank 176,929 176,929 _u____ 176,929 __JJ. ----- -----. --.. -.. -------..---- ------~- I 01/31/05 :GBTC Cash 0 0 0 0 I-------n - ----------.- I 01/31/05 Wells Fargo Checking 3,434,590 3,434,590 3,434,590 0 I -- __..____u_______________ _________ I - ----....-----.- CA 3,611,518 3,611,518 3,611,518 0 -- -- -------- ,- -------- - --1_____ ------------- ----- j. m____ LAIF ! , LA 01/31/05 LAIF - State Pool 6f ? ?6°' 12,335,834 12,335,834 I 12,335,834 0 -- nn_ __ _______ -,-- _...._~ :'0 .... "" .'._"..n_._ _+_ ----------- -- ŒRTiFicA1ESÓFDEPOSlT .. .j ----- -- --- ----- ------~--_._- ___00_- ____00- ----- I , 03/17/04 03/17/08 American Trust Fed Savings Bank 3.00% 99.000 99,000 96,144 ! (2,856) 03/17/04 03/17/09 Peoples State Bank 3.40% 99,000 99,000 95,842 (3,158) 03/19/04 03/19/08 Plantersfirst Cordell GA 3.05% 98,000 98,000 95,327 (2,673) 03/24/04 03/24/08 Badger State Bank 3.00%: --------- "-"'-'- -~--- -_.-- .... .. ..-.... ~. --- , 99,000 99,000 96,111 (2,889) 03/24/04 __0]/2~~9 I Washita State Bank 3.35% 99,000 ! 99,000 95,627 (3,373) -.--.-". --- - 03/24/04 03/24/08 : Wilmot State Bank 3.00%; 99,000 99,000 96,111 (2,889) 03/24/04 09/24/07 !Signature Bank Nat'\ Assn 2.70%1 99,000 99.000 96;080 (2,920) - --03/26/04: .. "03ï26ïõS-i Privatebãnk & Trust 3.20% 99,000 99,000 96,695 (2,305) .. 03/26/04. 09/26/08 ¡Southcoast Communtiy Bank 3.20% 98,000 98.000 94.912 (3,088) ·---041077041-04/07/08 Core Taylor Bank©,step 2.25% 97,000 97,000 94,867 (2,133) CD 986,000 986,000 957,716- - -.-.----.. ---- -------- ----- ~ I - - -- --- - , MONEY MARKET FUNDS I I I -- 01/31/05 !Wells Fargo Government 6j 2,60'% -- --- -.-- -- 44,253 44,253 44,253 : .- I ------.-.-.--. .---- MM I 44,253 44,253 44,253 0 . - ----------..- ------ ----- - AGENê"Ý-NOTES -- .----..--- --- --, 07/09193i 04/15/07 IFHLMC(P) ___..__....__n..... .. - 6k 6.81% 130,704 115,655 115.537 (15,167) 03/08/04' 12/26/Ò¡'-FHLMC<O' --I6k- 2.30% 789,949 800,000 783.224 (6.725) 07/21/03 07/21/06 FHLB© 16k 2.20% 500,000 -- ..---.-.- 500,000 491,720 (8,280) 01/12/04 08/06/08 FHLB©,step 6k 3.00% 997,692 1,000.000 -----.--------.. ---(2,062) 995.630 ---.- -- 500.ÕÒÒ' , .. . -- -----_._---~----- 08/07/03 08/07/06 FHLB©,step 6k 2.33% 500,000 494.375 (5,625) --_.- --- 08/11/03 08/11/06 FHLB© '6k 2.50% 2,400.000 2,400.000 . 2,370,000 (30,000) 02/25/04 02/25/08 FHLB© 6k , 3.13% 1,000.000 1,000.000 i 984,410 I (15.590) -- -- ---- 12/05/03 12/05/07 FNMA©,step 6k .. 2.63% 1,000.000 1,000,000 ' 993,130 \ _Jfi'8792 4.Öl% -.-- 03/16/04 03/16/09 FNMA 6k 1,600.000 1,600,000 1,596,496 I (3,504) 03/23/04 01/30/09 FNMA© -- 497,815 6k --, 2.50% 500,000 500,000 (2,185) - --r----04/23/04 01/23/08 FHLB© 6k 3.15% 1,487.920 1,500,000 1,445,625 I (42.295) I 04/14/04 12/03/07 FNMA© 6k 2.50% ,..---.- 968,750 Î ·-(2J.¡m) 989,788 1,000,000 12/15/03 12/15/08 1.000.000 I "" ------- FNMA©, step 6k 3.00% 1,000,000 999,000 , (1,000) I 03/30/04 03/30/09 FHLB©, step .. "k-- -- 2.50% 600,000 600.000 598~6-86T- . (1,3'.4) __ B'_- I 12/22/03 06/22/07 FNMA 6k 3.30% 1,000,000 1,000,000 985,310 I (14,690) 12/30/03 12/30/08 FHLM<,:<¡" step 6k 2.75% .-- , 1,000,000 1,000,000 1.004,130 , 4,130 -+ 04/29/04 10/29/08 FHLB©, SteE...__ 6k 3.00% 300,000+ 300,000 297,375 ¡ (2,625) - --_.,~ 04/30/04 04/30/09 FHLB©, step ,6k I 3.13% 1,000,000 1,000,000 I 996,560 I (3,440) .5-3 City of Cupertino January 2005 - i d_ -- - ---- -- --- ~- I ACTIVITV DATE ADJUSTED MATURITY MARKET UNREALIZEI PURCHASE MATURITY DESCRIPTION REF YIELD COST VALUE VALUE PROFITILOSS - -.' -- - - --- --------~------ , - ----- 0".-_----- 08/10/07 FHLBrg.step -- ---__.0__- I . -- ---~._---- 08/1 0/04 ¡6k 2.00% 1,200.000 1,200,000 1.197,756 (2,244) 2.75% -- ---c~ 08/24/04 02/24/06 'FHLBrg ___j6k 1,200.000 1,200,000 1,194,000 (6,000) - 04/30/04 ' 04/30/07 FHLMCrg 6k 3.30% 499.981 500,000 497,545 (2,436) -- ----- --¡- ---- MO 19,696,034 , 19,715,655 19,507,074 (188,960) I --1- _..._~-- - -- . -- US GOVERNMENT SECURITIES US - I 0 I 0 0 ----'.- "'_0"_- -- , Total Managed Portfolio ------.'-- ----'.- 36,673,640 36,693,260 36,456,395 (188,960) ---- .-. ---- __,. _ _c-' Averag~,~.~eld 2.55% - -- ---.-- I Average Length to Maturity (in years) 1.44 - '-'-';--~-- - ..-.. -¡- ---I -- -- ... .. ¡..- ______mol I .~-_. --- ____00- I -- .....- ------ I --.----- -I ---- --·_'0 ___no _.~__ - ...---- ---- ! -----+ . -1------ , ¡TRUST & AGENCY PORTFOLIO I L --- - -- - -- r-n--- ------ , +- ---'0"-"_"'--' --- ...- --- CERTIFICATES OF DEPOSIT: ---- - 07/27/01l 03/30/0~_ ~~~pertino Nat1(Kester Trust)-n--- ---61, I - 41,9751 -----0 1.53% 41.975 41,975 ----- -- - ,. Total Trust & Agency Port-fo¡iõ""'- ---- I 41,975 41,975 41,975 0 I --._-~.~ I --- - , ------ - ----I- ---- .--- , I I _. _ .!isONDRESERVE PORTFOLIO --- -- ----- ---- -- - ..--- Bond Reserve Portfolio - #078791 , 10.961 10,961 10,961 0 Bond Reserve Portfolio - #078793 , 1 1 ,- I ----~ 558: -0 Bond Reserve Portfolio - #078794 ¡ 558 558 -- Total Bond Reserve Portfolio 11519 I 11,519 11,519 0 ----- ----. -- -- -- .- - ---- - ------ ----- --- -- ______n__ .. -- ------- ---- I ---- , - ~---- -- ----1- ---~--- ------ ~ . -'----- - -- ~---- - . - - ------ I -... -- .. _u_ - I --J... -.- -- ____un. i 5-{ Investments by Type Managed Portfolio us Treasury Notes 0% Agency Notes 53% CD's 3"' 0% 3.00% 2.50% 2.00% - 1.50% ~ IRate of Return Comparison! . ..............- ----- . . . .~ 1.00% --------- --~- 0.50% ._-~_.-. 000% 12/03 1/04 2/04 3/04 4/04 5/04 6104 7104 8/04 9104 10/04 11104 12/04 1105 . -+-lAIF -\ ___ Cupertino S~5 COMPLIANCE WITH INVESTMENT POLICY City of Cupertino 1-31-05 Category Treasury Issues US Agencies (eg FHLMC) Medium Tenn Corporate Bonds/Notes LAIF Money Market Funds Maximum Maturities " Per Issuer Max Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase agreements Standard No limit No limit 30% with A rating : $40 million j20% :25% up to 15 years , . Remainder up to 5 years .10% (except LA1F) ,180 days & 40% .270 days & 25% 30% 365 days Prohibited Complies Complies Complies ¡Complies , - ,Complies , iComp1ies Complies , Complies Complies Complies Complies Complies Complies Comment 5-& ---- State withholding 25%, will repay in Jan., May (triple flip)_ Secured payments rec'd Nov - Jan & Apr-June; VLF impact +- , : City of Cupertino I Gen~ral Fund Budget ReP.c>rt -- % of Budget OverlUuder Actual ! Actual YTD 1-31-04IYTD 1-31:05 ¡ 2003/04 Budgetp004/05 Blldget , Analvsis of Trends -4.85% --- 112.39% - -----j --I fpG&E down Large payment received iu June ------- ---,-- - - !!uilding Pennits up $3IOk,p!",,-"l1eclcs up $270k Investmeut balances down 30% . __~ MVLF reduced pennanently ; offset to property taxes _ Engineering fees up $230k; zoning & planning fees up $170__ ---------.- --- --- - - - 1/03 --I 3.85% -28.82% -50.07% 3.07% 51.07% ------"- -13.48% -46.16% 109.40% -30.33% -89.00% I City~eb~ite program added to Connnunity Services in 0.09% -21.03% -5.85% -0.27% -8.60% -12.68% _----=1 -~ --I dª -16.96% -20.81%' -13.65%1 1414R4R2: 16672337! I --f-- 628,846 3,764,035 417,914 ___ __.1J.3±'525 1,151,849 1,367,8~.7L 4.325,606 13890 622 8,400,000 i 3,748,000 ___ 1,560,000 2,740,000 2,312,000 __ 1,435,000 1,600,000 1,186,900 2,820,687 ______..- --1- ___ _ _ 490,000 600.000 1 01 1,5 26 ,60 0001 , 1/31/2005 288,824 598,548 2~4, 77.0f~ ..243,85?J--. 8,214 10,393: o - 0' ------- .-- 4,724,21? 2,437,142 897,761 1,212,3!2. 668,503 824,403 788,085. 609,003 1,435,246 8,780,000 3,800,000 1,500,000 2,750,000 2,300,000 1,36.5,000 1,285,000 1,11 0,000 2,580,000 -- 410,00(j 640,000 40,000 .__1 Taxes: Sales Tax Property Tax .'f.t:ansient Occupancy Utility Tax.___ Franchise Fees Other Taxes Licenses and Pennits Use ofMone)'~Property Intergovenunental c:Iuurges for Services Fines & Forfeitures Other Revenue Sale of Property Total Revenue 713,452 3,648,551 3.65,412 2,317,3~ 1,218,469 ___ 1,197,587 4.589.305 14050 ]61 . 1,365,026 6,85J,72,± ._~355 4,191,024 2,261,219 2,823,865 9.363.945 2757715R --~ - 1,322,305 6,697,396 680,388 4,076,782 2,220,031 2,872,225 8.577.778 26446 905 Operating Expenditures'---_ Administrative --,~----- Law Enforcement S;onnnunity Service Administrative Service Recreation Service ÇOInmunity Development Public Works ...'712,500_.J,218,678 -23.68'Y~ -2.890.419 -2.837.331 0.00% -2 079 59R 1 163062 ---i-- , 2,737,365 -4.864.000 631,950 -4.955.000 Tota1jJxpenditures ____ ___l- Operating Transfers In . --- -.--- Operatinß. Transfers Out _ :1 ]4920gJ -4209 95~L. Net Income/Loss U, I -....¡ 4,662,1321 4,643,5õ4í 945,044 : ---.1.130728' -- 673,415 862,789 _ ---.1409,960 599,062 885,903 City of Cupertino I ~urnmary oTBudget TranSfers ! I ...... ..... 1 ........... ... -- ,. GeneniJFUiJ.d - - -- )/3112005 ---------..------ Budget Revenue Expenditure__ -~_.- Descrintion Acct# Ad;ustment Budget -.--., Budget .---- ------- .___..m____ ----...-------- --.--- ! 31,291,000¡ 2004/05 ADOPTED BUDGET ...]1,890,000 .- T ----- -- -..-. -------...------- , 2003/04 CARRYOVER: I --r-- --------. ...._-~.- - - -..-----... -I ..- ---- -----+ -----ª~_c:~lJ.r~~es , vanous -- -- 18!.'J.3~ 181,938 Department carryovers ' various 258,445 ._-~~ -- , --..- --------- . --- .-..-.----- I -- I ------- ~VENUE ADJUSTMENTS: -- ! - - ---- I - ---- - ~.!'El'I.DITURE ADJUSTMENTS: ._ . Reduce Eco Pass & Conj. Mgnmt ! 11 0-8005-71 07 ~1?,920 -17,920 ~~Itl0ve benefits wi PT position 110-4400-5713 -1,550 :1,5.5.2 - ~arry over law enforcement_gr'lI~!S 110-2401-7014 97,332 9'7,~ - ---. - Carry over law enforceltlent grants 110-2402-7014 23,240 23,240 , 110-2401-7014-- .- ....c::arry over law enforcement grants 9,999 9,999 1110-810118408-61 Ii .- Transfer for wireless pur~~_ase -3,479 -3,479 I ...n.._ 2004/05 ADJUSTED BUDGET 1- - - 31,291,000 32,438,005 5-9 ~I~ _____J I F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax· (40R) 777_1166 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER (p - A SUBJECT AND ISSUE AGENDA DATE 3-1,-05 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION Ramenrama Red Miso 19772 Stevens Creek Boulevard (new restaurant next to the Elephant Bar) Restaurant On-Sale General for Bona Fide Public Eating Place New Application There are no use pennit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance ofthe license. Prepared by: ~~Ù)tld1lj Ciddy Wordell, City Planner G:planninglmisc/abcramenramared Submitted by: ~ David W. Knapp, City Manager Printed on Recycled Paper &11-1 ':.1. 0,",., :" :,~' :.,. ,_,'_ "~' '.. .,;. State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LlCENSE(S) ABC 21t (6199) TO: Department of Alcoholic Beverage 100 Pas eo de San Antonio Room 119 San Jose, CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise !!!side city limits? Mailing Address: (If different from premises address) Type of licensees): 41 Transferor's license/name: Control File Number: 422925 Receipt Number: 1502905 Geographical Code: 4303 Copies Mailed Date: February Issued Date: I, 2005 SAN JOSE PACIFIC AMG INC RAMENRAMA RED MISO í97n STEv'ENS CREEK ßL VD CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 5080.01 45130 S GRIMMER BLVD FREMONT, CA 94539 / Dropping Partner: Yes Fee Tvoe Master I!..\u2 Ilm NA y 0 02/01105 NA Y 0 02/01/05 NA N 6 02101105 NA N I 02101105 Total No m $300.00 $304.00 $234.00 $24.00 $862.00 License Tvoe Transaction Tvpe 41 ON-SALE BEER AND ORIGINALFEES 41 ON-SALE BEER AND ANNUAL FEE 41 ON·SALEBEERAND STATE FINGERPRINTS 41 ON-SALE BEER AND FEDERAL FINGERPRINTS 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 "Ves" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: February 1,2005 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant. or one of the applicants. or aµ executive officer of the applicant corporation. named in the foregoing application. duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to 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 than ninety (90) days preceding the day on which the tranSfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (S) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. I Applicant Name(s) App¡'¡ PACIflC AMG INC >tt.~Lf¡¡Æj ') (p f+ -- .;L 1~L -~ I F CUPEIQ1NO CityHa11 10300 Torre Avenue Cupertino, CA 95014 (408) 777·3212 Fax' (408) 777·3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER (¿; - B SUBJECT AND ISSUE AGENDA DATE .3-/5- ð5 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION (Not yet named) 1655 S. De Anza Boulevard (continuing restaurant use in existing restaurant space) Restaurant On-Sale Beer and Wine for Bona Fide Public Eating Place Person to Person Transfer There are no use pennit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. Prepared by: ~ i 'Zu íNlvl.JJ Ciddy Wordell, ity Planner G:planninglmisc/abc 1 655sdeanza Submitted by: ~L David W. Knapp, City Manager iPB-1 Printed on Recycled Paper State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6199) TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Room 119 San Jose. CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of l!usmess: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of 1icense(s): 41 Transferor's license/name: Control File Number: 423460 Receipt Number: 1504911 Geographical Code: 4303 Copies Mailed Date: February 17, 2005 Issued Date: SAN JOSE LEE ALAN PEl HSIN 1655 5 DE ANZA BLVD t; CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 5083.04 402210 / HONG JOHN SA1\' Dropping Partner: Yes_ Noþ-- License Tyoe Transaction Type Fee TVl'e Master Illi.¡¡ I2ili ill 41 ON-SALE BEER AND PERSON TO PERSON TRANSF NA Y 0 02116/05 $150.00 41 ON·SALE BEER AND ANNUAL FEE NA Y 0 02116/05 $304.00 41 ON·SALE BEER AND STATE FINGERPRINTS NA N 3 02116/05 $117.00 Total $571.00 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 shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: February 16,2005 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation, named in the foregoing application. duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to 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 than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) LEE ALAN PEl HSIN LlU WEI Applicant Signature(s) Spp 211 SignAtnrp PSlgP & B~;). ITV F CUPEIQ1NO PARKS AND RECREATION ADMINISTRATION STAFF REPORT Agenda Item Number 7 Agenda Date: February 15, 2005 SUBJECT Adopt a Resolution authorizing application for grant funding under the Clean, Safe Creeks and Natural Flood Protection Progam. BACKGROUND The Santa Clara Valley Water District is accepting grant applications for projects that provide new parks or trails along creeks in the SCVWD service area. Our proposed trail along Stevens Creek is a good fit for this program, assuming Council takes action this evening to define the trail type and use. The deadline for application submission is March 30, 2005. RECOMMENDATION Approve the attached Resolution authorizing application for grant funds rrom the 2005 Trails, Parks and Open Space Grant Program under the Clean, Safe Creeks and Natural Protection Program for the trail within Stevens Creek Corridor Park. Respectfully submitted: ~LrY'Y'-- Therese Ambrosi Smith, Director Parks and Recreation Department li¥- David W. Knapp, City Manager g:\parks and recreation admin\] stevens creek corridor\grant funds\scvwd trails\scvwd trails staff report 'n reso.doc Printed on Recycled Paper 7-1 RESOLUTION NO. 05-044 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE 2005 TRAILS, PARKS & OPEN SPACE GRANT PROGRAM UNDER THE CLEAN, SAFE CREEKS & NATURAL PROTECTION PROGRAM FOR STEVENS CREEK COORIDOR WHEREAS, the Santa Clara Valley Water District has enacted the Trails and Open Space Grant Program, which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the Santa Clara Valley District's Watershed planning unit has been delegated the responsibility for the administration ofthe grant program, setting up necessary procedures; and WHEREAS, said procedures established by the Santa Clara Valley Water District require Grantee's Governing Body to certify by resolution the approval of Grantee to apply for Trails and Open Space Grant Program funds, and WHEREAS, Grantee will enter into an agreement with the contract with the Santa Clara Valley Water District; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby: I. Approves the filing of an application for local assistance funds from the Trails and Open Space Grant Program under the Clean, Safe Creeks and Natural Flood Protection Program of 2000; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project; and 3. Certifies that the applicant has reviewed, understands and agrees to the special provisions, general provisions and financial provisions contained in the agreement; and 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the project. 7- ;;J.. Resolution 05-044 March 15,2005 Page 2 of2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino g:\parks and recreation admin\l stevens creek corridor\grant funds\scvwd trails\resolution 2005.doc 7-3 City Hall 10300 Torre A venue Cupertino, CA 95014-3255 Telephone, (408) 777-3220 Fa)" (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES F CUPEIQ1NO SUMMARY Agenda Item No. '8 Meeting Date: March 15,2005 SUBJECT AND ISSUE Approve the Settlement and Mutual Release of Claims Agreement with the Silicon Valley Animal Control Authority (SV ACA). BACKGROUND The City was an original member agency of SV ACA, an entity created in July 2000 by execution of a Joint Powers Agreement whose mission was to provide animal control services to seven member cities. On September 16,2003, Cupertino gave notice of its decision to withdraw rrom the JP A effective June 30, 2004. Attached is the Settlement and Mutual Release Agreement, which finalizes our participation in the JP A and provides reimbursement to Cupertino for the fiscal years 2000/01 through 2003/04. We have reviewed the agreement and the reimbursement calculation and agree to both. Our reimbursement will be $122,232. RECOMMENDATION Staff recommends that the Council approve the Settlement and Mutual Release of Claims Agreement with SV ACA. Submitted by: ~a~ Carol A. Atwood Director of Administrative Services ApRroved for submission: ~ David W. Knapp City Manager 8-1 Printed on Recycled Paper DRAFT RESOLUTION NO. 05-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING SETTLEMENT AND MUTUAL RELEASE OF CLAIMS AGREEMENT WITH THE SILICON VALLEY ANIMAL CONTROL AUTHORITY (SV ACA) WHEREAS, the City has withdrawn its membership with SV ACA effective June 30, 2004; and WHEREAS, a Settlement and Mutual Release Agreement has been prepared finalizing the City's participation in the Joint Powers Agreement; and WHEREAS, the Mutual Release Agreement provides for reimbursement to the City in the amount of$122,232 for the fiscal years 2000/01 through 2003/04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the Settlement and Mutual Release of Claims Agreement with the Silicon Valley Animal Control Authority. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of March, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino g~ ;). SETTLEMENT AND MUTUAL RELEASE OF CLAIMS AGREEMENT This Settlement and Mutual Release of Claims Agreement ("Agreement") is made as of , 2005 by and between the Silicon Valley Animal Control Authority ("SV ACA") and the City of Cupertino (the "City") (collectively the "Parties"). RECITALS A. The City was an original member agency of SV ACA, an entity created in July 2000 by execution ofthe Joint Powers Agreement creating the Silicon Valley Animal Control Authority (the "JP A") whose mission is to provide animal control services ("Animal Control Services"). B. Section 9.2 of the JP A provides for voluntary withdrawal by a member agency, and Section 9.4 calls for reimbursement to a withdrawing agency and sets forth a process by which to determine the amount of joint facilities, assets, cash reserves, and other items to be reimbursed to a withdrawing agency. C. By letter dated September 16,2003, the City gave notice of its decision to withdraw rrom the JPA, effective June 30, 2004. D. The City has agreed to accept reimbursement for its withdrawal rrom SV ACA in the amount of $122,232 which was detennined by the calculation method approved by the SV ACA Board of Directors at its regular meeting of June 30, 2004. AGREEMENT In consideration of the promises and mutual covenants and agreements contained herein, the Parties agree as follows: 1. Pavment. Within 5 working days ofSVACA's receipt of this Agreement executed by the City, SV ACA will pay the City the total amount of One Hundred Twenty-Two Thousand Two Hundred Thirty-Two Dollars Exactly ($122,232). 1118107.1 ¡,3 2. General Release. The Parties desire to provide for a final and binding resolution of all outstanding issues and potential claims related to the JP A, the Animal Control Services and the relationship between SV ACA and the City (hereinafter collectively referred to as "JP A Matters"). This mutual agreement to release all claims, whether known or unknown, is a material inducement to both Parties to enter into this Agreement. Both SV ACA and the City agree that there is adequate consideration for all of the promises, releases, covenants and obligations set forth in this Agreement. Accordingly, each Party hereby releases and forever discharges the other Party, its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf, rrom any and all claims, demands, warranties, actions, causes of action, obligations, liens, agreements, loss, damages, cost, expenses and any liabilities of any nature whatsoever, whether or not now known, anticipated, suspected or claimed, which arise out of, are based upon, or are in any way connected to JP A Matters, save and except the obligations set forth in this Agreement. 3. Waiver of California Civil Code Section 1542. The Parties acknowledge that there is a risk that, subsequent to the date of this Agreement, they may incur, suffer or sustain injury, loss, damage, costs, attorneys' fees, expenses, or any of these, which are in some way caused by and/or connected to JP A Matters, and which are unknown and unanticipated at the time this Agreement is signed, and which are not presently capable of being ascertained. It is nevertheless expressly understood and agreed by the Parties that by entering into this Agreement, they expressly waive all rights under Section 1542 ofthe Civil Code ofCalifomia which arise out of, are based upon, or are in any way connected to JP A Matters. Said section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN IDS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED IDS SETTLEMENT WITH THE DEBTORS. 2 1118107.1 8-4 4. No Admission. Neither the tenns of this Agreement nor any action taken under it shall constitute or be construed as an admission by either Party of any liability or fault on its part. The execution of this Agreement, the negotiations leading to its execution and any action taken pursuant to its tenns shall not be admissible for any purposes in any proceeding except a proceeding to enforce the tenns of this Agreement. 5. Costs and Attorneys' Fees. Each Party shall be responsible for the payment of its 'own costs, attorneys' fees, and all other expenses incurred in connection with this Agreement and all matters released herein. 6. Covenant Not to Sne. The Parties understand and agree that they will not commence, maintain, or prosecute against the other party, its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf, any court action or other legal proceeding that is based upon any claim, demand, cause of action, damage, liability, obligations, loss or expense released in Paragraph 2 of this Agreement. The parties further understand and agree that they will not execute or seek to impose, collect or recover upon or otherwise enforce any judgment, warrant or attachment against the other party, its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf on account of or arising rrom any such claims, demands, causes of action, damages, liabilities, obligations,-losses and expenses, except those that may arise rrom this Agreement or those unrelated to JP A Matters. 7. Indemnity and Attorneys' Fees. Should either Party breach any of the provisions of this Agreement, the breaching Party shall indemnify and hold harmless the other Party rrom and against all claims, causes of action, obligations, damages and liabilities, including court costs, consultants' fees, and attorneys' fees, arising rrom or in connection with the breach. 3 11l8107.1 ?-5 In any litigation for the breach of or to enforce a provision of this Agreement, the prevailing party shall also recover its costs, non-statutory expenses, and attorneys' fees. 8. California Law Applies. This Agreement shall be construed by and enforced in accordance with the laws of the State of California. 9. Successors and Assil!ns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties, together with its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf and its predecessors-in-interest, successors-in-interest, and subrogees. 10. Authorities to Execute the Al!reement. The Parties represent and warrant that they have the sole right and exclusive authority to execute this Agreement and that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any claim or demand against the other Party relating to any matter covered by this Agreement. 11. Entire Al!reement. The Parties agree that the tenns ofthis Agreement are contractual and are not mere recitals. Each Party further declares and represents that no promise, inducement, or agreement not expressed herein has been made by the other Party to induce it to enter into this Agreement. This Agreement constitutes the entire agreement between the Parties as to its subject matter and supersedes any and all representations, promises and understandings of any kind, whether oral or written. The Parties agree that this Agreement may not be altered, amended, modified or otherwise changed except by a written amendment executed by each of the Parties. 12. Each Party. Each Party declares that prior to the execution of this Agreement, it has apprised itself of sufficient infonnation to intelligently exercise its judginent in participating in the drafting of, deciding on the contents of, and detennining whether to execute this Agreement. Both Parties represent that the contents of this Agreement have been explained to 4 11181071 'l?~ t, them by their counsel and that this Agreement is entered into rreely and voluntarily, upon the advice and with the approval oftheir counsel. IN WITNESS WHEREOF, the Parties execute this Agreement as ofthe dates set forth below. SILICON VALLEY ANIMAL CONTROL AUTHORITY By: Chair of Board ArrEST: By: Secretary of SV ACA APPROVED AS TO FORM By: Attorney for Silicon Valley Animal Control Auiliority CITY OF CUPERTINO By: Mayor ArrEST: By: City Clerk :PR~~ C ttomey 5 ll18!O?! e~7 srLfCON v ALLEY ANIMAL CONTROL AGENCY CrTY OF CUPERTINO ALL AMOUNTS AS OF JUNE 30, 2004 CALCULATION OF DISTRIBUTABLE NET EQUITY Contributions FìscalYcar Percent Amount 2001 0.1019 $56,)98 2002 0.1189 242,453 2003 0.124098 218.468 2004 0.1636 230,715 Totals $747.834 Other Revenues -Add- $1,914 15,624 21,576 25,679 (A) $64.793 City's SharcOr Operating 'Expense ·Dcduct- $23,832 196,425' 217,00& 253,130 $690,395 (A) Other Revenue docS"' not include Tl1Dmas Road Project contributions of$648,043 by the 3 remaining members (City ofSant<! Clara, City of Camp bel! and the City of Monte Sereno). SCHEDULE B Distributable Retain:d on Eamines Withdrawal ,34,281 $34,281 61,652 61.652 23,035 23,035 3.264 3.264 $] 22,23 2 S 122,232 ?-'3 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 F CUPEIQ1NO Community Development Department Summary Agenda Item No. .i Agenda Date: March is. 2005 Application: TM-2004-0S Applicant (s): Wayne Aozasa Property Location: Greenleaf Drive (APN: 326-33-107) RECOMMENDATION The City Council can take any of the following actions: 1) Uphold the appeal by making findings that the proposal does not comply with the Parcel Map Ordinance; Or 2) Deny the appeal with conditions of approval as listed in Exhibit A; Or 3) Deny the appeal and modify the proposal with the modified conditions of approval. Project Data: General Plan Designation: Office/Industrial/Commercial/Residential Current Zoning: P(CG, ML, RES 4-10) Project Consistency with: General Plan: Yes. Zoning: Yes. Environmental Assessment: Categorically Exempt Application Summary: Consider an appeal of a Planning Commission approval of Application No. TM-2004- 05, Wayne Aozasa (California Water Service), located on Greenleaf Dr., APN: 326-33- 107, for a tentative map to subdivide a .9S-acre parcel into four lots ranging from approximately 6,430 square feet to 8,880 square feet, plus a remainder of 11,500 square feet. q-I TM-20004-05 Page 2 Greenleaf Subdivision March 15, 2005 BACKGROUND At its January 25, 2005 meeting, the Planning Commission heard the public testimonies and approved the project (4-0-1, with Commissioner Wong abstaining). The approval is being appealed by Cathy & Dale Helgersen and Leo & Jian Wang, residing at 20697 Dunbar Drive and 20673 Greenleaf Drive, respectively. The appellants also submitted a petition signed by 78 neighboring residents urging the City Council to uphold the appeaL DISCUSSION Project Description The project is located near the terminus of Greenleaf Drive and is surrounded by commercial uses to the east and south and single-family uses to the north and west. Currently the site is a the California Water Service pumping station for the City. The project proposes to retain the pumping station on lot 5 (11,500 square feet) and create three residential parcels (lots 1 - 3) with a private ingress! egress street (lot 4) in the middle. The proposed residential lots range frorn 7,000 to 8,500 square feet in size, which is consistent with the surrounding residential properties. The proposed lots will comply with developrnent standards of the R1 Ordinance. Appeal Justification Cathy & Dale Helgersen and Leo & Jian Wang are appealing the decision of the Planning Commission for the following reasons: . Water quality safety issues . Tree removal · Street (vehicular) safety issue around the existing water well and on Greenleaf Dr. Water quality safety The appellants expressed concerns of the possible contamination of the existing well located on the water cornpany's site from the new sewer system of the project. Discussion: According to the Santa Clara Water District (SCWD), potable water (treated water) and sanitary sewer lines rnust be at least 10 feet apart horizontally. The minimum distance for sewer lines to a new well is 50 feet horizontally. According to California Water Service, this separation can be less if the sewer line is located next to an existing well (which is the case in this project). However, the applicant has confirmed that all of the proposed sewer lines will be at least 50 feet away from the existing well. Staff has confirmation from the SCWD that the proposed subdivision will not pose any greater 9~:;¡. TM-20004-05 Page 3 Greenleaf Subdivision March 15, 2005 threat of contamination to the water supply than the existing homes and seweT improvements in the neighborhood as described in an email received from the SCWD (Exhibit E). Tree Removal The appellants state that the trees removed as part of this project have been providing aid to the accumulation of ground water that makes it possible for this well to flourish. In addition, their removal will negatively impact the aesthetics and privacy screening of the area. Discussion: The existing well is approximately 715 feet deep. Therefore, the removal of the trees will not affect the performance of the well. The City's Arborist prepared a tree report on the project site, which identified 74 trees. The project proposes to remove 37 of thern that are either located in the proposed roadway or in the proposed building area. None of the removed trees are considered protected specimens; therefore they could be removed even without the project. In addition, all of the trees immediately along the project perimeter abutting residential properties are preserved. Staff recommends the removed coast live oak (#13) be transplanted to another location on the project site. Since the exact positions of the future proposed homes have not been determined, the final replacernent trees will be deterITÙned by the City Arborist prior to issuance of grading permit. In addition, staff will evaluate the final building footprints during the design review stage to determine if additional trees located at rnarginallocations could be preserved, even though they are not protected as part of the tentative map. Street safety issue around the existing water well and on Greenleaf Dr. TIle appellants indicate that the noise from the building construction and the additional cars generated from the three new homes would cause neighborhood stress and disturbance. In addition the construction trucks will be parking on Greenleaf Dr. creating traffic congestion. The appellants did not explain the correlation between the possible street safety concerns with the presence of the existing well. Discussion: As mentioned previously, the project is located in a developed residential and office area with a zoning designation that allows for the three proposed homes. The applicant is required to perform the City's best construction management practices prior and during the construction process that will control runoff and dust pollution. Greerueaf terminates near the project site and the amount of automobile trips generated from tills project will not have a significant effect on Greerueaf Dr. or on the surround streets. 03 I ~ TM-20004-0S Page 4 Greenleaf Subdivision March 1S, 2005 Considering Factors When reviewing a subdivision proposal, the project is forwarded to all pertinent departments! districts for review and comments. The project has been preliminarily reviewed by the following departments/districts: · Building Department · Fire Department · Public Works Department · Cupertino Sanitary District · Santa Clara Water District · County Health Department ENCLOSURES Exhibit A: Conditions of Approval Exhibit B: Planning Commission Staff Report (w! attachments), January 2S, 200S Exhibit C: Appeal Justification Letter Prom The Appellants Exhibit D: Neighborhood Petition Exhibit E: Ernail Correspondence frorn SCWD Exhibit P: Letter from Cupertino Sanitary District Exhibit G: January 2S, 200S Planning Commission Meeting Draft Minutes Plan Set Prepared by' Gary Chao, Assistant Planner [V~ David W. Knapp City Manager Steve Piasec i Director, Community Developrnent 1>{ EX· A Revised TM-2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6284 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATE .951 ACRE PARCEL INTO FOUR PARCELS RANGING FROM 7,000 TO 8,500 SQUARE FEET. PLUS A REMAINDER LOT OF 11,500 SQUARE FEET. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-05 Wayne Aozasa Greenleaf Drive (APN: 326-33-107) SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirernents: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of developrnent contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial envirorunental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated irnprovements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Resolution No. 6284 Page 2 TM-2004-05 January 25,2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-05 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2004-05, as set forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "Tentative Parcel Map, Greenleaf Drive, Cupertino, CA" by SMP, dated November 29, 2004 except as may be amended by the Conditions contained in this Resolution. 2. PRIVATE ROADWAY & PUBLIC SIDEWALK A homeowners association shall be established with a CC&R that addresses maintenance and upkeep of the private road, sidewalk and streetlights. A five-foot public access/pedestrian easement shall be placed on all five parcels along the frontages of the private road. The applicant is required to work with staff to design the pedestrian sidewalk to meander around existing trees to the maximum extent possible and provide smooth sidewalk transition with adjoining properties. A supplemental arborist report with specific tree preservation recommendations must be submitted to the City for review and approval prior to finalizing the sidewalk/ curb design along Stelling Road and the new private road. The CC&R and the public access easement shall be reviewed and approved by the City and recorded prior to approval of the Final Map. The private road shall be paved with interlocking pavers or similar semi-pervious material. The final paving rnaterial shall be reviewed and approved by the Public Works and Planning Department prior to issuance of building permits. 3. WROUGHT IRON FENCE/LANDSCAPING Project requires that the CA Water Service to open up the first 25 feet of lot 5 (where the water pump station is located) and provide landscaping features in this area that will be cOnEistent with the surrounding properties, requiring minimum arnount of maintenance and water usage. A decorative wrought iron fence shall enclose the rest of the lot 5. A rninimum of 2 feet of landscaping setback shall be provided around the perimeter of the wrought iron fence along the private road. In addition, the CA Water Service is required to clean up their existing pump station site on lot 5 as part of this approval. A revised landscaping plan clearly showing the location of Resolution No. 6284 Page 3 TM-2004-05 January 25,2005 ---- -------- the wrought iron fencing and perimeter landscaping shall reviewed and approved through the Architectural and Site approval process. The landscaping in front of the wrought iron fencing shall adequately screen the site from public view. 5 TREE PRESERVATION The final replacement trees will be determined by the City Arborist prior to issuance of grading permit. In addition, Staff will evaluate the final building footprints during the design review stage to determine if additional trees located at marginal locations could be preserved. Tree number 13 (coast live oak) shall be transplanted to another location on the project site per the City Arborist's recommendation. It should be noted that even though some trees are indicated on the plans to be preserved (7, 56-58, 71), they are non-specimens trees and the future property owners will have the discretion to remove them. All of the other trees shown on the plans to be preserved must be recorded on the CC&R as protected trees for future owners to preserve and maintain. In the event that any protected trees must be rernoved due to reasons deemed appropriate by the Community Development Director, then comparable diameter replacement tree(s) must be planted at the same location or locations visible to the public. 6. NonCE OF FEES, DEDICATIONS, RESERV A nONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Goverrunent Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the arnount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 7. R1 DEVELOPMENT STANDARDS The new homes on located on lots 1- 3 shall adhere to the R1 Ordinance since they are surrounded by R1 zoning districts. 8. RETAINED PARCEL MAINTANANCE The applicant shall record a covenant and deed restriction running with the land obligating the existing and future property owners to rnaintain the retained water company parcel and fencing from free of debris and graffiti. Additionally, landscape materials and existing retained trees shall be professionally maintained in a healthy condition. The property owner(s) shall retain a property maintenance service at least on a monthly basis to ensure compliance with this covenant. Said covenant and deed restriction shall name the City and the adjacent three homes as third party beneficiaries and shall include some surety or other guarantees subject to the review and approval of the City Attorney. Resolution No. 6284 Page 4 TM-2004-05 January 25, 2005 9. ACCESS DRIVE The entrance of the private access drive shall be modified (i.e., shifted 5 feet to the east (towards lot 1) and/or be narrowed to no less than 20 feet in width). The revised street design shall be reviewed and approved by all appropriate City Departments (Planning, Public Works and Fire) prior to recordation of the final map. 10. UTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, PacBell and California Water Company, and/or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 11. CA WATER SERVICE A letter of clearance for the proposed project shall be obtained from the Ca Water Service prior to recordation of final map to ensure that the proposed homes and roadway will not negatively impact the existing water equipment and underground wells. 12. SANITARY DISTRICT Prior to recordation of the final map, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project and that any of the new sanitary system will not negative irnpact the existing water equipment and underground wells on the retained water service parcel. 13. PG&E Prior to recordation of the final map, the applicant shall provide written confirrnation from the PG&E that any of the new underground utility equipment will not negative impact the existing water equipment and underground wells on the retained water service parcel. SECTION IV: DEPARTMENT CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 1. 14. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The developer must obtain written documentation from thE Fire Department on the final design of the new road section. 15. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. Resolution No. 6284 Page 5 TM-2004-05 January 25, 200S 16. FIRE HYDRANT Fire hydrants shall be located as required by the City. 17. TRAFFIC SIGNS, DETAIlS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends along with traffic control plans. 18. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 19. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 perrnits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate wh£ther additional storm water control measures are to be installed. 21. UNDERGROUND UTILITIES The developer shall cornply 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. 22. 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: $2,130 minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: $ 5% of Off-Site Irnprovement Cost or $ 5% of Site Improvement Cost $ 1,000.00 $1,217.61 ** Resolution No. 6284 Page 6 TM-2004-05 January 25,2005 -- f. Map Checking Fees: g. Park Fees: $ 6,750.00 $ 47,250.00 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Irnprovements b. Labor & Material Bond: 100% of Off-site and On-site Improvernent c. On-site Grading 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 irnposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 23. 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 street areas. 24. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 25. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. 26. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. Resolution No. 6284 Page 7 TM-2004-0S January 2S, 200S CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. I sl Ralph Oualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: Chen COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Is I Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission EXHIBIT B CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-2004-05 Agenda Date: January 25, 2005 Wayne Aozasa California Water Service Greenleaf Drive (APN: 326-33-107) Application Summary: Tentative Map to subdivide an approximately .951 acre parcel into four parcels ranging from approximately 7,000 square feet to 8,500 square feet. Plus a remainder lot of 11,500 square feet.* *Please note that there is a slight variation in the proposed parcel size range from the public hearing notice due to some minor revisions to the rnap rnade by the applicant after the notices were sent out. Also, the ASA and Use Permit Applications are not being considered as part of this approval. The applicant decided to proceed with the Tentative Map approval first. RECOMMENDATION: Staff recorrunends that the Planning Commission approve the tentative map, file nurnber TM-2004-05, in accordance with the rnodel resolutions. Project Data: General Plan Designation: Zoning Designation: Acreage (residential): Density: Office! Industrial! CorrunerciaI! Residential P(CG, ML, RES 4-10) .547 5.5 du! gr. acre Project Consistency with: General Plan: Zoning: Yes Yes Environmental Assessment: Categorically Exempt DISCUSSION: Site Analysis The project is located near the terminus of Greenleaf Drive and is surrounded by corrunercial uses to the east and south and single-family uses to the north and west. Current! y the site facilitates the California Water Service's purnping station for the City. The project proposes to retain the purnping station on lot 5 (11,500 square feet) and create three residential parcels (lots 1 - 3) around it with a private ingress! egress street '1 -/ ( TM-2004-05 Page 2 January 25, 2005 (lot 4) in the middle. The proposed residential lots range from 7,000 to 8,500 square feet in size, which are consistent with the surrounding residential properties. The proposed lots will comply with development standards of the Rl Ordinance. Private Road The project proposes a 28-foot wide private roadway (cul-de-sac) frorn Greenleaf Drive. A 28-foot private road provides sufficient width for two ll-foot travel lanes and a six- foot parking lane on the side of the street. Staff supports the use of a narrower road (the standard width is 36 feet with parking on both sides of the street) to help preserve rnany of the trees on this site. A monolithic, five-foot sidewalk will be provided along the front yard lot frontages. The sidewalk will continue along lot 5 and tie into the sidewalk on Greenleaf Drive. Both the private road and the sidewalk will be paved with seIIÚ-pervious stone pavers or similar interlocking pavers to enhance the storm water quality of the project and to also help preserve the root systems of existing mature trees. The applicant is required to work with staff to design the sidewalk to meander around existing trees to the maximum extent possible at the final map process. A home owners' association/Covenants, Conditions & Restrictions (CC&R) and a private road maintenance agreement are required to ensure that the individual property owners will properly rnaintain the roadway, sidewalks and the street lights. California Water Service Remainder Parcel The project requires that the CA Water Service to open up the first 25 feet of lot 5 (where the water pump station is located) and provide landscaping features that will be consistent with the surrounding properties requiring IIÚnimum amount of maintenance and water usage. A decorative wrought iron fence shall enclose the rest of the lot 5. Staff is recommending that a landscaping buffer (2 feet IIÚnimum) be provided between the wrought iron fence and the sidewalk along the private road to allow for additional landscaping to be planted in between. In addition, the CA Water Service is required to clean up their existing pump station site on lot 5 as part of this approval. A revised landscaping plan clearly showing the location of the wrought iron fencing and perimeter landscaping shall be reviewed during the Architectural and Site approval process. Tree Removal The City's Arborist prepared a tree report on the project site, which identified 74 trees. The project proposes to remove 37 of thern that are either located in the proposed roadway or in the proposed building area. None of the removed trees are considered protected specimens; therefore they could be removed even without the project. Staff recommends the removed coast live oak (#13) be transplanted to another location on the project site. Since the exact positions of the future proposed homes have not been deterIIÚned, the final replacement trees will be deterIIÚned by the City Arborist prior to CHJ- TM-2004-05 Page 3 January 25,2005 issuance of grading permit. In addition, staff will evaluate the final building footprints during the design review stage to determine if additional trees located at marginal locations could be preserved, even though they are not protected as part of the tentative map. It should be noted that even though some trees are indicated on the plans to be preserved (7, 56-58, 71), they are non-specimens trees and the future property owners will have the discretion to rernove them. Prepared by: Gary Chao, Assistant Planner ~ Approved by: Steve Piasecki, Director of Community Development~ Enclosures: Model Resolution Preliminary Landscaping Plan Plan Set c¡ -/3 TM-2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENT A TIVE MAP TO SUBDIVIDE AN APPROXIMATE .951 ACRE PARCEL INTO FOUR PARCELS RANGING FROM 7,000 TO 8,500 SQUARE FEET. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-05 Wayne Aozasa Greenleaf Drive (APN: 326-33-107) SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirernents: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and irnprovernents of the proposed subdivision are consistent with the General 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 the subdivision or the proposed irnprovements are not likely to cause substantial environmental darnage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvernents associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 1-/4 Resolution No. Page 2 TM-2004-05 January 25,2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence subrnitted in this rnatter, the application TM-2004-09 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2004-05, as set forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative rnap entitled "Tentative Parcel Map, Greenleaf Drive, Cupertino, CA" by SMP, dated November 29, 2004 except as may be arnended by the Conditions contained in this Resolution. 2. PRIV ATE ROADWAY & PUBLIC SIDEWALK A homeowners association shall be established with a CC&R that addresses maintenance and upkeep of the private road, sidewalk and streetlights. A five-foot public access/pedestrian easement shall be placed on all five parcels along the frontages of the private road. The applicant is required to work with staff to design the pedestrian sidewalk to meander around existing trees to the maximum extent possible and provide smooth sidewalk transition with adjoining properties. A supplemental arborist report with specific tree preservation recorrunendations must be submitted to the City for review and approval prior to finalizing the sidewalk/ curb design along Stelling Road and the new private road. The CC&R and the public access easement shall be reviewed and approved by the City and recorded prior to approval of the Final Map. The private road shall be paved with interlocking pavers or similar semi-pervious material. The final paving material shall be reviewed and approved by the Public Works and Planning Department prior to issuance of building permits. 3. WROUGHT IRON FENCE/LANDSCAPING Project requires that the CA Water Service to open up the first 25 feet of lot 5 (where the water purnp station is located) and provide landscaping features in tlùs area that will be consistent with the surrounding properties, requiring minirnum amount of maintenance and water usage. A decorative wrought iron fence shall enclose the rest of the lot 5. A minimum of 2 feet of landscaping setback shall be provided around the perimeter of the wrought iron fence along the private road. In addition, the CA Water Service is required to clean up their existing pump station site on lot 5 as part of this approval. A revised landscaping plan clearly showing the location of q-/5 Resolution No. Page 3 TM-2004-05 January 25,2005 the wrought iron fencing and perimeter landscaping shall reviewed and approved through the Architectural and Site approval process. 5 TREE PRESERVATION The final replacement trees will be determined by the City Arborist prior to issuance of grading permit. In addition, Staff will evaluate the final building footprints during the design review stage to determine if additional trees located at marginal locations could be preserved. Tree number 13 (coast live oak) shall be transplanted to another location on the project site per the City Arborist's recommendation. It should be noted that even though some trees are indicated on the plans to be preserved (7, 56-58, 71), they are non-specimens trees and the future property owners will have the discretion to remove them. All of the other trees shown on the plans to be preserved must be recorded on the CC&R as protected trees for future owners to preserve and maintain. In the event that any protected trees must be removed due to reasons deemed appropriate by the Community Development Director, then comparable diameter replacement tree(s) rnust be planted at the sarne location or locations visible to the public. 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the arnount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period cornplying with all of the requirements of Section 66020, you will be legally barred frorn later challenging such exactions. 7. R1 DEVELOPMENT STANDARDS The new homes on located on lots 1- 3 shall adhere to the R1 Ordinance since they are surrounded by R1 zoning districts. SECTION IV: DEPARTMENT CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 1. 8. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The developer must obtain written documentation from the Fire Department on the final desi<p1 of the new road section. q~/(P Resolution No. Page 4 TM-2004-05 January 25,2005 9. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 10. FIRE HYDRANT Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends along with traffic control plans. 12. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits rnaybe required. Please contact Army Corp of Engineers and! or Regional Water Quality Control Board as appropriate. 14. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be vrovided to indicate whether additional storm water control measures are to be installed. 15. UNDERGROUND UTILITIES The developer shall comply with the requirernents of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 16. 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: $2,130 minimum $ 5% of Off-Site Improvement Cost or q~17 Resolution No. Page 5 TM-2004-05 January 25,2005 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 1,000.00 $1,217.61 ** $ 6,750.00 $ 47,250.00 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are irnposed 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 wi!! reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 17. 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 street areas. 18. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 19. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvernent plans. 20. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain rnaterials on-site. Erosion Control notes shall be stated on the plans. q-It Resolution No. Page 6 TM-2004-05 January 25,2005 CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Goverrunent Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission q-fCl 1O.l1 "II ""I::ìO '¡'~.':'¡;; ....¡;,¡~, , ,......"'''' EXHIBIT C I. Application No. 2. Applic21lt(s): 3. Appel1ant(s): I1íIIne, address, phone number City or Cupertino 10300 Torre Avenue Cup~lii.no, CA 95014 (408) 777-3223 [õ)~rr;~nw~rru In1 '" - 12005 ~ CUPERTINO CITY CLERK 4. Decision of Director of Community Dcvclopment Decision of Planning C'..ámmi~¡;jOTl X' (please check one) 5. Date of determination of Director or mailing of notice of City decision: ¡-¿S--oS . '"~~S 6. IB)BSW~ W~ - LV ~~-" .. ~~ W€JLt h., -tc> ~ cfo ~C!~j- r-;;;ÆT O-A--L~ ~ ~'\.c.ß.=. 0 CMA c; r A.-I- . ;:<) (f7A1P~ &-.c-+f-"1V5. ·crt 37r~c;. 3) ÞT~ ~ ~ ~ L'uUlf. ~ct.. ?~.'fo'~~ tM~~[)f'. I ~~ 01 Please compJetc form, mc1ude appeal fee of$ NS" and retl.1rn to the attention of the City Clerk. Signature(s) ;l.i'~\~2.ppclc{ImTI.åclc: c¡ ~;J.D .~ URGENT MESSAGE WATER WELL AND THE POSSIBLE CONTAMINATION OF OUR DRINKING WATER. The citizens of Cupertino would like to notifY the public of the existence of water well at the east end of Greenleaf Drive that has been supplying our community with drinking water. This water well is in close proximity to a building site that the California Water Service Company has decided to develop with single family homes. The project is to close to the water well and we feel that the new sewer lines or the possible tampering by individuals/terrorists could put our water supply at risk of contamination. We the citizens of Cupertino have submitted an appeal to the City Cupertino to have this approved decision overturned and the project stopped. The City Planning Department has failed to convey to the public that we have been receiving water from this well and as concerned citizens now feel that this should have been public knowledge to all California Water Service' recipients. There are also 74 trees on the property and 37 of them will be subject for removal. These trees have been providing aid to the accumulation of ground water that makes it possible for this well to flourish. We would like the City to make available to us all records for review associated with this property past and present. It is a request of the neighbors who live in this community to ask the City of Cupertino to reconsider and rescind its decision to approve this building project in order to protect the public. Contact Number; (408) -564-4608 Cupertino Citizens Thank you é(~~1 Objections and Concerns pertaining to Building Development Application No. TM-2004-05, U-2004-06, ASA-2004-09 APN326-33-I07 Applicant: Wayne Aozasa (CA Water Service Location: Greenleaf Dr. Cathy & Dale Helgerson - Neighbor Address: 20697 Dunbar Drive Residential APM# 326-33-038 Property next to Lot 3 Objections and Concerns are as follows: 1) Property is owned by CA Water Service Company and has a water well that provides water to the community which could become contaminated by sewer lines that would be built on the property. The sewer lines could become damaged by trees that would cut into the pipes and leak out to our drinking well water. This property has been owned by the water company for as long as I can remember for I have been a resident at the 20697 Dunbar Drive for 24 years. The water company stated to the realtor that I purchased the property rrom that they would not sell the property for at least 100 years unfortunately that has all changed. I would like to know if there is or has been a safety issue regarding any possible leaks in the sewer pipes that are next to the well? I have asked the Planning Office to check to see what is in the records and to check with Code Enforcement. There maybe certain requirements as to how close the sewer lines should be rrom the well but even with that there is always a possibility that things could become dangerous to our health. Just because it has never happened before does not mean it never will and with the addition of an extra three homes it could be a possibility. I think it is up to the City of Cupertino to keep the residents of our city safe rrom any contamination that may occur with concern to our water supply. I must ask the question why was this property never sold before? I request that the board be very careful with our water supply and with any proposed building on this property. 2) Lot 5 will remain with the water company and lots 1,2, & 3 are lots planned for two story home development. I feel that these homes will be in close quarters and that the space allowed is not enough. There is also lot 4 that would include a road. q-J.;) 3) Trees that are on the property will be cut down and neighboring properties will suffer, for the view will be compromised and beauty of the property destroyed. On lot 3 only 3 trees are saved and there is no security that the new resident will keep these trees. There could be a clause in the Deed of Trust that would protect these trees but this was not mentioned to me by the builder, it was mentioned by the City Planning Department. The beautiful trees are viewed by all properties adjoining the surrounding areas and cutting these trees would diminish all property value and destroy the natural tone of the neighborhood, also lots 1,2 and 4 will be subject to more cutting of trees that will be lost for ever. The panoramic view will be sold and there will be no way to regain our loss. 4) The value and splendor of the property at 20697 Dunbar Drive would greatly diminish due to this building project for my property is right next to lot 3 and lot 3' s backyard is right up against my side yard. The great trees that are on the building property have afforded privacy and beauty to my family and are priceless and the building of these two story homes would destroy all this. The feeling that one experiences when looking rrom my yard to these trees is that of majestic wonder and peace. We can see ourselves in the great outdoors as if we lived in the Santa Cruz Mountains. The friendly birds that make these trees their homes with their songs are a great joy to all. These gifts are rrom God and nature and should be preserved by all for all to see. 5) The noise rrom the building project and the traffic of additional cars and persons in the area would cause my family and other who live near by a great deal of stress and disturbance. While these homes are being built there would be a great deal of dust and dirt generated from this building project which would cause my family harm for we suffer rrom allergies to dust and dirt. The trucks that would be used to build these homes would be parked on the street and cause a great deal of traffic congestion on Greenleaf Drive. My neighbor that lives on Greenleaf Drive right next to lot 5 is an elderly man who would be disturbed by the noise and traffic not to mention the dirt and dust. The noise ttom the building of the homes each day would be difficult for all to deal with. I would like to ask the City of Cupertino to propose an alternative measure to preserve this property in some way or to leave it as is for future generations to enjoy. Thank you q~~3 City of Cupertino Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 HELGERSON DALE T AND CATHY L 20697 DUNBAR DR CUPERTINO CA 95014 A.P.N.: 326-33-038 NOTICE OF Pú"'BLIC HEARIl~'G NOTICE IS HEREBY GIVEN THAT THE PLANNING COMMISSION OF THE CITY OF CUPERTINO WILL HOLD A PUBLIC HEARING ON THE MATTER DESCRIBED BELOW: Application No. (s) : Applicant: Location: TM-2004-05, U-2004-06, ASA-2004-09 APN: 326-33-107 Wayne Aozasa (CA Water Service) Greenleaf Drive Tentative Map to subdivide a .9S-acre parcel into four lots ranging from approximately 6,430 square feet to 8,8BO square feet, plus a remainder of 11,500 square feet. Use Permit for four, two-story single-family residences in a planned development zoning district. Architectural and Site Approval for four single family, two-story residences in a planned development. ENVIRONMENTAL DETERMINATION: Categorically Exempt. THE MEETING TIME THAT SAID APPLICATION WILL BE HEARD BY THE PLANNING COMMISSION WILL BEGIN AT: 6:45 P.M. ON Tuesday, December 14th, 2004 The time this item will be heard on the agenda can not be predicted. IN THE COUNCIL CHAMBERS OF CITY HALL, 10300 TORRE AVENUE, CUPERTINO, AT WHICH TIME AND PLACE ALL PERSONS INTERESTED THEREIN MAY APPEAR AND BE HE~~~ ON SAID MATTER. THE AGENDA FOR THIS APPLICATION WILL BE AVAILABLE ON THE FRIDAY AFTERNOON PRECEDING THE MEETING. IF YOU CHALLENGE THE ACTION OF THE PLANNING COMMISSION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF CUPERTINO AT, OR PRIOR TO, THE PUBLIC HEARING. PLEASE NOTE THAT PLANNING COMMISSION POLICY IS TO ALLOW AN APPLICANT AND GROUPS TO SPEAK FOR 10 MINUTES AND INDIVIDUALS TO SPEAK FOR 3 MINUTES. NOTE: ITEM MAY BE SUBJECT TO CHANGE. IF INTERESTED IN AN ITEM, PLEASE CALL PRIOR TO MEETING DATE TO VERIFY IF APPLICATION IS STILL ON THE AGENDA. NOTE TO OWNERS OF RECORD: Notice to tenants is the responsibility of owners. Steve Piasecki Director of Community Development q ~;l'f A Guide For The Private Well Owner ,,_,'':'; ,_ ~; I:..:,'':;, _ I '- ~, "-.: .-, - ' I,~ ",,".-~·T\·ë""-/:/'...~-1~'~I-_'--- :-,-:";/<;:.."7~"~: L',."': '_I ',.. - ... '\.'.... '_'''',... 'I ... n, I'" ' I , " -,'{.- ,',":':' -' -{ :'-,;;-,:':, -' ,; ::-;>/,~;~; ::),~-/,'; ~;::-,;, ,..._\.'...."..,,',_... \........ ",---:0 _\."~,' ,;,',~"":""',;....." ':_'-:"--,' "'-""~':."-'" ~t¿iifli~~~W~~~JJJ1.~?~f~~~ ...~- 1,_,\':-:' !,~,:',;, - ",,-.. ".;;.. ... ,_I i_I'''- Scrla <JarQ Volley WcXet District ð .4R\ County o( Santa Clara ø.ø__....h..................."~ C¡'~5 A Guide For The Private Well Owner TABLE OF CONTENTS Introduction Well Owner Responsibilities Well Construction and Well Maintenance Water Quality Protection Water Quality Sampling and Treatment Resource Guide 'h}'(P Introduction This pampblet is intended 10 make private well ownmhip a Utile easiet 11 is designed to: · Alert privaU: weD owners 10 the poIeDtial for contmnin!itinn and the need for waler- quality tesling; · In1roduce well owners 10 the basics of proper well coDSInlCliOll, destruc1ion and main_ · Inf(J(lJ1 well ownen of their ¡esponsibilities in San" Clam COIIOty. Nearly half of all water used in Santa Clam COUDty comes from below !be va1ley Door, whenllayen III god aDd gravel provide a natural stœage basin for water in undeIgro1md aquifers. In additioo to being aD cxtDloldinary storage facility, the groundwater basin a1so serves as an ~ aDd efficient treatmenI and dislribotion system: as water pcn:olafes down. it is natma1ly porified and spœads out for miles to serve a wide area. Tho thousands of water supply wells that dmw water ftoo1 !be county's groundwater basins have tradidooa1ly >IIJdoœd -.eI}' high qua1ity drinking waI<L In =01 y"'"', howe=, om driDIdng water aquifeø have been threaIeDed by toxic chemicals from industrial spills, QAY&SIIJ IAYlR leaking underground storage tanks, and agritultura1 applkations, as well as biological pa1bogens frœn sewers. septic systems and animal facilitia. These contæninants can find !beir way through !be natural proI<CtÎ\'C layers of clay and silt and into our drinking wa1c:r aquifClS. This problem can he exaspe11l1ed by !be pICSCIICC of improperly coostrocted wells. abaDdoocd wells, or wells located too near a poIeDdal cootaminaot souroe Iik<: a septic system. These wells can act as vertical pathways. allowing ...'-nir~lq aod pathogens on the surface or in shallow aquifers, to migraIe into our deep drinking water aquifers. To help coolml and prevent !be cootamioalion of our groondwaIer stol1lge basins and to proIe<:I public health, we oeed the _doo of privaU: well owners. We have produced this pamphlet 10 hdp roo help us proI<Ct our groundwaIer resooo:es and yoor health. This pamphlet is meant only as a guide for well owners. We do not claim that the recnmnV"l"btiœs ~ in this document will work in every situation. Nor do we claim to have covered ever¡ possible scenario or contaminanL Any refeJencc to ttadc names and companies docs not constitute an endorsemenL SAND & GIAVEl q-;27 Well Owner Responsibili~es To protect public be31th and to maintain the bigb qoa1iIy of water in oar drioking water aquifet>, well """"" are requiœd to dere to various state and local Jaws rela1ing to wells. In geneI3l. well owners are œquin:d to: · Obtain pemúls, from the Santa aa.a Valley Water District (District). bet"", any well CODStmcti~ de51:ruction. or modificatiœ. · Complete aD)' well constnJclÏon. destruction., or modificatiœ accordiog to District and State \>kII SIaDdards. Wells must be constructed so that they do IIOt a1Iow poor qualily _ water or water from shallow aquifen to mignte into drioking water aquifen. There are specifu: well CODSIIDCtion pDlCticcs that mnst be followod to eo""", that wells "'" constructed properly. NoIø' ø1l wdl co-' dmnIdion, ør modifi<stion _. mast lIe_pIeteð by ø C-57liœ",,," conÞødor. · Rogistcr aU wells with the District. · Obtain water system. clearance from the Santa aa.a County Department of Enviromnentalllealth bef"", a well is used for drinking water pmposes. · Properly maintain the well so that it remains in compliance wilh the District and Stare V'kll SIaDdards. Wdls must be maintained so that they do not aUow the introduc6oo of surface waters or other maIeri.als into them through improperly sealed well casing5 or gmveI fill/souoding tubes. Wells ínDst be secomd so that chadren or animals cannot CIllerthcm. · FIle Water Production StatcmeDls to n:port to the District the amount of water that was produccd from the well, if the wen is 10cated within one of the District Board defined Groundwater ChaIge Zones. · Properly destroy any wells that are not being used. When no loo.ger in use, wells must be destroyed so that they can ......, act as vertical cœdnits or endanger public henlth. GenmalIy, wells mnst be completely filled with imp<svious sealing maIcIiab. For 1DQ[C infomul1Îon on your æsponsibilities as a well owner, contact the District's V'klls and Water Production Unit at (408)265·2607, extensioÐ 2660 or visit the DistIÎct~s web site at http://WwW.heynoah.com. q~;}.-e Welt Construction Cli1d \Nell Mainrem:mce \NELL CONSTRUŒON The typical domestic well in Santa Chua County is oonstnJcœd by drilling a hole in tho ground to a depth of 100 to 300 feet. As tho well driller is drilling tho hole, he/she notes tho type and depth of materials lllal tho bil passes through. This infonnatioo is recorded on the: DrDIer Log that is suhmitled to tho permitting agency and given to tho homeowner. ~'~ /,~-~~ ;:~t~,~ ~~ ;:<? ~-" - \'.. ," ", ",. ,',- - \ ,..":',' , '. ,~ . ,',. :~:-: I~ <':~_~:-:'~:-I~< :,,~ ~ ~ ~ L -",f.'.~ I, _, ".,.., -:':.ll ::: I, I., " ,,1' ...'~'" I J&I"'.;A;,..~.... , ,,, .. ",. __~~.":....' ;'..._,,"',_ I ',';" f '.-....../'..... ..:.(asin9."~'.",.. -:,'- :', ....' - -- ~ji~~\¡:;i~;j The well is constructed once the driller finds laym of sand or gravel that produce enough waœr to meet the wen owner's needs. 'These water producing layers are called aquifers. To coustruCI tho well, tho driller installs a length of plastic oc steel pipe called tho well casiog into tho hole. The well casing Iœeps tho hole from coUapsmg and allows pumping equipment to be installed By regulation, tho well casing must have a diameter uleast fom-inches smallet !ban tho diameter of tho hole. Where tho hole intersec1s tho besl water produciug layers (tho sand and gravel aquifetS), the driller installs well casing with thin cuts or perfondoos. This pottioo of tho well is called tho weIl~. The well saæn allows water to pass into the casing 1::ut keeps out sand and gravel. Where tho hole intersec1s layers of clay oc fine silt (layers that don't typically produce signi1icau1 quantities of water), tho driller installs un-pctforated pipe called blank casing. To keep fine sand, si1~ and clay from cutering tho well s=, tho driller installs a sand and gravel mix called the filter pack into tho space between the casing and the bole. To protect tho water quality in the dccpc:t, drinking water aquifetS from pooc quality surface water and shallow aquifer water, the driller also installs a concrete oc cement seal (aonoJar or sanitary seal) between the blank casing and the hole. In Santa Oara County. the minirmun armular seal depth is 50 feet. The Santa Chua Valley Water District (District) will require a deeper annular seal if the well is to be installed in the valley flooc (vs. mOUUlBinous regioos) and may also requite that specific clay layers be sealed off. 1)opical well seal dcpIhs are 150 fecI in tho north county and 100 feet in the south county. The annular seal extends to tho surface of tho ground where it is extended 001 to create a coucretc pad with tho well casing extending out of tho middle of it These surface features are called tho welJbead. At tho wellhead. the casing extends al least ouc foot above the ground surface and is securely capped to prevent anything, including surface water, from cutering the well The concrete pad is sloped away from tho casing to protect the wen from damage and from smface water contamination. Cf--;2C¡ WElL MAINiENANCE A poorly maintained well can lead to . variety of problems including poor water quality and redoctioos in tile amount of water your well can produce. To minimize tbcsc poœotial problems, a well maintcnanCC program. is an important pan of . well QWDCr'S responsibilities. IDspect Yoor Wellhead Get in tile habit of doing . visual cbcck 00 your well at Ieast once a year. More often is better. See hclow for some of tile things to look: for. ,.,,_ .r" î~:& " \,/;,~~H- ,.,.J. ,~';:~ ;~":"""';µ"" __",' ",_,;;~',!!,fj<", '-I ""( &'" cJ"""';' J 'aGRouND ~.~~~~'-¿;~ ~ -~' ~._. "" .' ,_.~~:'>'- it- . ,. ,þ.'Þ' ,~~..i:': ~ , ,;.~" .-- ~-x.;~-~ " , f :-:.:\;;p./ ,,/ -,: ,; "è ..~''',..;-'" "", ...... " " ~~ - ~., , -' '-:;'~":" ~i.~~t Look for Jþcnir:g:" that insects, raden!.:., water, or anything e[~e CDn enter Cap, ~cd, 01 otherwise plug !hem T Q .,'." " e e 0 ø ø . MaiDtain Complete WeB Records Effedive m.;ntP:!l.nœ ¡xogratDS begin with complete ICCOn1s on the coostruetion. testing, and maintcnanCC of your well. You should work with your Water Vkll and/or Pump Contractor to establish inspectioo and routine maintenaoœ schedules based 00 tile specific characteristics of your well and water supply needs. Complete well reoords should include: . The Driller Log: The documeDt desa'-bing tile coostruetioo of the weJI.-baw deep it is. what depth it draws water frmn (tile pcñorat<:d in1erWl), and tile soil types eocounrered while drilling. .~.~;j"it:",{: ~;~k~-: ." < ~",;~,~?"O,( --""£" "'- "; " Look for .::racks in the ..:oncrete pad that would alJow wafer, and any contaminants it may be ..:arrying, to fonow ¡he wel! casing down into your drinking ~ater aquifer. Seal cracks, 01" fe-pour a new concrete pod If water is flcwing out the top of the weU, call a licensed we!kontractor to stop the flow. In uddition :'0 being 0 '''.'05te cf wateL if water can leak Qut, contaminants can seep in. Remove weeds, le(we5, and other debri, from around YOUf well These con create great home~ for rodents ond other pests Remember, ria not IIse herhicides or ony other chemicoi near the weil Make sUI'e the ground siopBs cwoy from your weil -:Jnd thot YC'Jf wei! cosi~g e,':!ends~! ¡e0S! one ':,,0t 'Jbçve ~h8 grDU'ld to ensur;; tho! sûrface wotef does not coilect or Row nem the well. ¡Y\éJke sure your W~:: i'p.OÎsimtion nllmb~r is still "isible on your weli This is c! loc:al1eqol requiremeni Coli ¡he Distrid if you "teed G :1ew, free registration t::Jg at 408·25&2607, extension 2660 if you have an inactive welL !UõT! ¡he pump on ~e'.'ero! times during the yoar to ,.-,ake sure thot e'..e¡-:,1hinq is fünchoning pn:;periy. Impect and mointain your Inactive well following the sOme guidelines os tOf your ,'Jctl'le well. If you never pian to use the well agu!lt, you ore legalty f>:qulled fO properly üe~lroy it. Pruperly de~h·{Jyìng lire weli wdi (¡revenl11 f¡olll betng on qcciJento! pu1hwuy d ,-ul1!ominat;on into yQIJ( octive well, '(O'A neighS.:>r'" wel!, 01 th€: gre,vnJwGter. (¡'-IC:TE. AfI .11ê!C!.".·~ '1\";:/!5 ole ,qL'I.-",d '0 ,,:>,, r)~r"""r;Od:x <Jr.~('!bv ''~i.i;'' by rhfC' f)'.<tncrl Q'3D This is iffil!O!Wlt information to help troUble· sboot problems. should they arise. 'The drilling contraCtOI' should provide yoo with a copy of !be Driller Log foDowing c:omplc:tioo of !be weD consuuction and testing. · Pump Test Data: The pump test gives infO!IlUlÚoo 00 bow much waICf!be well can produœ. This informatioo is also useful to assess well perf"""""'" as !be weD ages. · Dislributloo Map: Pmw a map showing !be Iocatioo of all !be buried waICf pipes (:()II!IeC1I:(I to !be well. H you share a well with adjacent properties. it is a good idea to have a map of all the plumbing 00 yoor neighMs' propertY as well. This information can he invaluable as the properties change hands and repain need 10 be made. or as new wells aIe added. · Tbe Pbysiad LocaIioo nflbe Well: Measure !be distanœ to !be well from pennaneot slIUClUl<S (e.g. !be cenJ<IIin< of !be road or corner of !be house). · MainleaaDce Records: Record wbcDe:ver you b1nc any m~intPn!llnr.P. doue. such as replacing !be pump or check valves. This is important information to keep ttack: of bow old !be various cornponeDlS are and who repsired them l>sl · Waler QuaUIy Data: Keep all your past watot quality testing informatiou in one plaœ. By comparing results from one year to !be next yoo will he hcttt:r able to detect chauges which may indicate problems. · DisiDreclloo BisIory: H you disinfect your weD. keep track of when., why and haw it was done. Deterioradog Well Performance The perf"""""'" of all weDs will deteriorate over time. bot _ well COOSIJ1ICIion and rn~'¡ntP.rUI~ can de1ay this problem. The typical causes of perfœmance deterioraDoo include: mincraI cncrustatioo or biofouling (bacteriological encmstatioo) of!be well saeeu, physical plogging of !be well saceu, fille< pack. and surrounding soils by tine particIc:s, cœrosioo of !be well casing. and pump prohlems. Mm1y of these problems can he pevcuted by proper weD dosigu and cousttuctioo, proper pump sizing, proper operation and maintenanCe. or prcveDta1ive weD maintenan<:e. H not allowed to progress too far. most weD performance problems can he ~ To pI<VCIII or cot:reCI performanœ probIc:ms. you should wDII: with your Wale< Well and/or Pump Cootractor. WeD Destruction Any weD that is no looger being used fot its inIcnded pmpose ís required by law to be properly destroyed. Because unused. ahaodoued weUs can act as pathways that allow poor quality surface warer or shallow groundwater to move into deeper drinking watot aquifers, it is very important that they are properly destroyed. This is especially tnIC if olber watet supply wells are operating in the area. When a well is being used in me vicinity of an abandoned weU. !be pumping activity in !be operating well can actnalIy pull poor quality watet down !be abandoned well. into the drinking water aquifers. and thcu into !be operating weD. To eliminate these vertical pathways for contaminant migratioil, abandoned wells must he destroyed by filling the entire well casing with cement based sealing materials. N, with all well CODS1r\JCIÎou, modification. or destnlClioo, any well destructioo wotk must he compIc:ted by a C·57licenscd contractor and under pc:nnit from the Santa aara Valley Water District (District). C¡~31 Water Quality Protection Why Should 1 Proted The GrornuIwøter? For most well owners, groundwater is Ibcir only source of water and should. therefore, be pn>t<cted. Qrooodwa"" moves very slowly. ofteo only a few feet per year, and because it moves 50 slowly, once it bcamcs polluted, it taIœs years fo< it to be oarorally ßosbed clean. Manoally cleaning poUotIDts out of groondwater caD be extremely costly and difficulL Often, the only soluûoo is to find a new source of water. What CllIJ 1 D. T. ProtecJ The Qruzlity Of My Wotu? Always keep io mind that you live 00 top of your driDI:ìng water. The layer of earth between yoo and the water provides some proœction from {'~minatîoo.lNt it is not perfect.,1be safest way to protect your wa"" supply is to reach your family, friends and neighbors: If'You Don~ Wønt Th Drink 1~ Don't Put It On .,.In TIre Ground! Create A Zone Of Protection Aroond Your Well Your weU is a direct cooncction between you and yom water supply. Contaminants can flow down your well as easily as water flows up it The fanhcr away from your well you ate, the mare sand. gn¡ve1 and clay there is to fil,.,. out cootaminanls before they reach your water supply. So create a circlc at least 50 feet in diameter around your well where yoo don't store, mix, sptay, spill, bury or dump anything that yoo don't want to drink. Don't forget to look out for your neighbor's well if it is oca:r your property line. Any contamination in your neighbor's well can traVel into your well. Some actMtics legally requiIe more than a 50-f_ ZOO< of protectioo. For example, septic umks. Ieach fields. and animal enclosures need to be at least 100 feet away from any well to ensm<: that DO waste products reach your drinking water. There ate many actMtics dlat do not have fmmal.legal setback requiremeots. Use your common sense. For example. don't tie your dog or goat to the well struCt1Jre--DOt oo1y do yoo risk breaking the casing. piping or elec1rical coonections, you risk contamination tTom mine and feces. _cBjj¡IIJJ¡!i1&~;J¥¡~~~V~W&i:ßIT©?'¿f,,\ LCNIIMPACT ACJMTIES · Recreational Area · House · Organic GarcJening · Landscoping (no chemical usage) · Child Ploy "'"" · Patio Furniture MEDIUM IMPAcr ACDYIIIES · Swimming Paolino pool chemical siorage) · Garage · Boat/Vehicle Storage pf no leakage) · Sewer Unes· HIG/IIMPACT ACJMTIES · Septic Systems· · Animol Enclosures· · Manure/Compost Piles · Chemicol/Fuel Storage · Machinery Maintenance · Auto Repair .~~.tDocb tf ;3;). Maintain Yoor Septk System A septic system consists of a IaDk and a leach or drain field.. All the solidJiiquid waste from inside the hooIc ðows iDIo the sepóc tank. The sepóc tank is """'I""'" of twO compartments. The waste is deposited in the first ~"~_ where the solids settle to the bottom and the liquid and scum ðoat above it. B.-ia and other microorganisms break dDwn the solid material. As the liquid sq1III1IIeS from the solids. it overflows intO the second compartmeoI where mere sepmtion and decomposition occur before it flows into the IcacbIdI1Iìn field. The IcacbJdnìn field is a netWOrk of perlomted pipes within a - of wash«! dI1Iìn rock boried ahoot two to 1h= feet deep. The liquid waste ðows out of the ~~S~:~~'~:-':'Zi~;,::: . - -.\ ,," ,": '.",:-,....\ .. ,;..,~~_.. ,......, ..,'~, ,~,' :,:' '':'':~ "','Î.rdllóWá ~..._),:..:.. ..-I""'~,",~-......,JoIIK"'{,, -.., ~-, '\-" , , ~ , '. I ,_ ,.1 ,/.:;'.' ~ I., ,¡, ~ I " ~ ., ,'. SOUDS LAYEII SEPTIC TANK perlorated pipe and into the soil where more poIIutaD/S are removed. By the timo the waslC- water reaches the grooodwater. few impurities shouldtcmain. If yon have a septic system, keep in mind that whatever goes dDwn !he dI1Iìn may find its way into your drinking water. The required l{)()..foot setback betwceO your wen and your septic system provides relatively good protectioo against bacteria and viruses when it is wŒldng properly. However, tbis sclhack was not desigoed to protect against things IiJœ photo- gmphic processing chemicals, hazardous art supplies, hazardous household cleaners, point and point cleanm. aotomotive wastes, pesticides, and 0Iher hazardous cbemicaJs !hat 1,33 may nOC /mI: down and filter out as easily. See below for some of the things to look for. JJJspeCt Your Wellbead 00 A Regular Basis It is very importaoIto keep 8ITj foreign mareriAIs. including surface water, out of yout weD. 1bcn:fon:. it is impatant Ihat your well is free from openings and tbat yoor coocreIC well pad is slIUClor8lly sound. Yoor well sboo1d be inspected anouaIly to be SOlO that then: are no apeoìDgs in !be wellhead or cracks in !be well pad. Any openings 0< cracks shooId be se<ured 0< seaJed. Refer In !be Well CoostrUCtioo and Well Mainteoaoœ sectioo tided ''Inspect Your Wellhead" foc more informaôon on bow to compI"'" an inspection. Protect The Well Structure Many well repairs can be very COSÙ)', so it pays to protect your well from any physical damage. 1. The safest way In protect your well from being damaged 0< lost is to build a small S1l1JCtUre 0< feoœ around it Keep in mind that you will need easy aa:ess to the well for maiuteoaoœ and 1<pBin. If you doo'l ha", a S1l1JCtUre around your well, then clearly madI: il so when the weeds grow up in me spring. it doesn't become buried sod lost 2. Lock the well enclosure to minimize the chance of vandalism. __;~~~Ë1rß'jt~:~:¿T/.· .. 4VY .uSES ~ ~ F I EL D o Do 1101 dump hazardous chemicals down the drain. If your drain is plugged try using boiling water or a drain snake instead of chemical drain cleaners. Use (ess toxic cleaning supplies whenever possible. Take 011 hazardous chemicals to 0 hazardous waste drop-off for disposal. See the Resource Guide section in ¡his guide for drop-off locations. ø If you notice 0 sewage smell, a continuously wet area in your yard, lush vegetation around the septic tank or leach field, or liquid waste backing up through your drains, then something is not working properly. Call a licensed septic tank inspector immediately. . Have your septic tank inspected and pumped every three to five years (more often if you have a garbage disposal). If the solid waste in the tank builds up too high, it con flow into the leach lines, plug them and couse your system to fail. o Keep the solids in your system to a minimum. Do not use your toilet as a garbage con. Food wastes, feminine hygiene products and other household solids ore better placed in the garbage. ø Do not park or drive heavy equipment over your leach lines. This may compact the soil around the lines and prevent adequate percolation of the liquid wasfe, causing your system to foil. ø Do not plont trees near your leach I¡ne. Tree roots often seek out the moist ehvironment inside your leach lines and plug them, causing your system to fail. 8 If you have 0 duel leech field system, change the diversion valve setting once a year. Ð Do not use septic tank additives, yeast,. bacteria, enzymes, or other products to enhance the system. None of these products have been proven to be beneficia! and some can couse permanent domage. ~-~..-. q ~3'f Water Quality Sampling and Treatment AF. ~ travels over the surface of the land or through the groond. it dissolves natutally occurring minerals and can pick op suhstanœs resulûng from the presence of anima1s and human activity. ContamiDan1s that may he present include: · Microbial cootaminants. such as viruses and hacœria. that may come from sewage t=tmcnt phmts, septic systems. agricu1tund livestOCk opcratioos. and wildlife. · Inorganic conmnrinants. such as saJts and metals. that can he oatunllly-<>CCUDing or result from mbøn stœmwater nmofI. industrial or domestic __ter discbaIgc:s, animal facility waste generation. mining. or famûng. · Pesticides and herbicides, that may come from a variety of sources such as agriculture. urban s_ runoIf, and residential uses. · Organic cbomica1 _ts, including synthetic and volatile mganic cbomicaJs. that are by-products of indusIrial procossos and petroleum production. and can also come from gas ¡lations, urban Stonnwa/er runoft'; agricultural application., and septic systems. . Radioactive contaminants that in our area ~ typically naturally occurring. Drinking ~. including bottled water, may reasooahIy he oxpocted to contain small amounts of sumo contaminants. Tho prosonco of contaminants docs uot nocossariIy indicate that the ~ poses a health risk. More information about _ts and potontial health effects can be 0_ by calling the USEPA's Safe Drinking WatcrHotlino (1-800-426-4791). Some: peopio may be 10'" vulnorable to _ts in drinking ~ than the general pnpu1ation. Jmmuno.<:ompromsed pc::rsoos such as persons with cancer undergoing chemothenlpy, persons who bave undergone organ traUSplants, people with IllY/AIDS or other immune system disordets. sane elderly, and infants. can he particularly at risk from infections. '\bese people should """' advice from their health care providers about their drinking ~ supply. The most common groundwater contaminants cnm:udy of concem in Santa 0aIa Cnnnty are bacteria and nitrate. Bacteriological quality of drinking ~ is detennincd by analyzing for coliform bacteria. '\bese bacteria occur natutally in the intestinal tracts of hmnans and anima1s and in soil. Althoogh coliform bacteria nonoally do not cause illness, they should not he present in drinking~. Tho presence of these bacteria in the drinking ~ indica.... that the ~ may he contaminated with other orgauisms that can cause disease. Disease symptoms may typically include diaøbea, cnnnps, nausea, and any associatod headaches and fatigue. Bacteria levels can fluctuate seasonally with wet and <II)' periods. N_ is a natutally occurring compound. but high amoonts of nitrate in groundwater are typically doe to human activity such as fertili= applications, septic systems, and animal cnclOSUlOS. Nitrate in drinking ~ at levels above 45 millignms per liter (mg!L) NO, or 10 mg!L No,-N is a health risk for infants of less than six months of age, pregnant women and people with certain specific enzyme deficiencies. Nitrate conctntratiODS jj¡ ground- water may rise quickly for short periods of time because of tainfall or agricultund activity. If you are caring for an infant or are pregnant, you should """' advice about your drinking ~ from your health care provider. 'f~3S WATER QUAUTY SAMPUNG W1uzt Should 1 Test My Wate'r For? There are dozens of tests 1hat C2D be perfœmed 00 drinking water and no one analysis can assure that your water is "safe to drinJrò' We have tried to compile the most commonly perfœmed tests and their recommended testing frequencies below. This table should he UBCd for general gnidaoce only. Since colifonn bacteria and nitrare ate the most commonly fO\md contaminants of cooœm in this area. we recommend testing for them most fIequeIuly. Electrical coodnctivity (EC) is a measure of all the dissol>ed ions in your water. By ilself, EC does not tcll you if your water is safe to drink. However, since the electrical cooductivity ICSI is the cheapest and easiest. it can he UBCd as an indicator of changing conditions that may require fm1Iter testing. The minetaIs tests are ~mM1dPd in order to establish a baseline understanding of the water quality in your well and as a ~......unñnn to indica1C water quality changes. ., ,,', , ·1hin';"'may"w.iiìO~.... " ",' "'~'::,If'1i1 ar~-afthofalaWií,g~,,' ",," e., _ '__ ... __".-, _ ; -:, ,,':' ' . ',-,',,""''''.,' -<".'. "y-'" '$iò-SQ' ", ~,' :" aiminotecause,J~~andrelesl,' }' ~r:,',¡~~~i~;; :~,j~~1 " ' ' u1IíOv;ólotrOdiation. Cans.AlaWahoÌ": Irealmeni'þroIèssionalfar man. âcMcë. ' . "-",,,,-.,, '" ,.:,:.':_",'",.,-,_",.'_. n_" ,. 'r "'-::';' '::"T~~"~~ltPf;~:j" ..~~~,:::\:j,¡, ,", , '~ - ", " , ' ,-,;::.::.~':.,,;~'- , :::"",.Li;,,~;:-;~: ie'" '," , , .-"'-.'-;<","" ";,:;;.'; , ',-:l"".:,-.'" ,':,); :';"'::', " $25':45 ".,:1~~;:~~~~is:~', , ,,':, rem.,,;,sbmeolthe'nilral8.cansulta" .'" '" .' :" =c:~~~rofèsa, ."!""~ ~~ .',:', . '~,~ng~~ c,", '-,,,I,;, >::,;;:,i:,',,:<:'~' ' """;'-'- :::--":>,-,,;--,,, " . ',:::::.:'; .L.-' ' i'-,,"', "'-',,';" ,,,,.:'" ,/r;:\:':" ",;",'''' '''~ 16òo¡u,;hÖs/~m ~Iurthèr~~~,¡d, i:;; ~itralè.' ::i or signi!iCXJntIy'" ,,' : and/or ,minêrals¡q doIennin.lhOcóuse i; .._from' ,oflhohlghOC;",thechangelnOC:, ',,, ,~_year~:' ¡"'c',.,,"',',,, ',',:" MlNERÁLS '. "'," ;-rOC·' ~:t~o.;)~ft? ' *~~ n <00_, ", ' ' sígni!iCXJnIIy. .' IndMdual or ,'':';'' ,.. ,',' $20,.30 .. , ~ taste; calor, ocIar,' , '" surrounding'land 'uïechcinge" 'r--" ~~tt~::: ' IÌ1s\aII a b.mnoø.y.m orl1òd":.: '" allomate _ supply. The apPrapnale "_ ~ is dependent on your , """,,11_ chemislry and what 'canstiIueÌ1Isyauwould lilceta reIIIOWI. ,,' , Cansuk a water treatment poIessional far more advice; , ',' ',:·Ä.""'_i-:-"·' ,.' ;:-... ~ :',0/:"<",,,,_ ',:': .' '" AlundnuÍn ,(1\11, _e(As) ',,' Barlùm Ba) , ' Cadmium (Cd) , C"",,"ium IC~' Fluoridetfl' Iron Ife' Lead IPb) , .' Manganese Mol MørcVry IHgl Selenium ISe) Silvw lAg) MercurY $30-.40 AI ';'0.2' nigJi , JU ;, 0.05' mg/I 80;, 1.0 mg/I Cd ;, 0.005 mg/I Cr ;, 0.05' mg/1 F' ;,2.0· mg/I Fe ;,0.3 mg/I ,PI> ;, 0.015 mg/I Mn ;,0.05, mg/I Hg ;,0.002 mg/I Se ;, 0.05 mg/I Åg ;,0.1 mg/I ~ i5 greater than or equal to mg/l is mllligraml per liter. I mg/I_ 1 part per million µpm. 1 mg/l .. 1000 microgram per liter (µg/IJ. 1 µg/l- 1 port per billion (ppb) q-3fR What Do I Test For When My Water Has Specific Taste, Odor, Or AppelUtl1lce Problems? Below is a guide roc """" potenriaI problems in drinking waIf:r and substmces you can leSt IN (m bold). Not all of the problems and. posæ.èle causes pose ~ health risk to the COIl8UIDCI"_ .','......- .:.,......,... ..... "'".--.:-,,.-. '~'.'-."".' .'.. ..f:. .'.c··':..,......-··, ........-~...._ ',' ';:'C. Thi. may be due 10 high 1ew.I. of iron (Fel:, This i. ccmmÒnI1 ~ ;...;¡¡ of highmang;..e.., fMnl and/oc iron (Fe,Iew.I../u hlll. 0$ 50 pam per b.1lian fppbl mangg_~~nc:t~OO:~i~ron_~n ~å:Jini"ng. High ¡;"'¡s';¡cat~ (c.;¡ a;'¡ ~fMn) can cause , hard Water, which ""'- spats. Hardness can also be ' """""¥d directlY.· . . ' , Blue ~'oc bi"; d'q>œÍts ;"Oy be du;, 10 high l...is J COJIÌ>o!r (CuI. '..p.ciólly,~ coupled wi," éoIiasi... waíer. ,c,.,··,:.-....·.-·.-,·,___,,·..···....··,'·..····:·,-······--:..:.:.:......"-....,--.".-.....,:.......-...:, ,~~~. flke rolton eggs,~ ,', ", ~~~;;.,~{!ibi>:"*'bjh)d,~,;~ (H~; ". ~'!:::~~~'¡f~lI:«~~J v,'aIorapper;rs doudy, ~ ~:'~dir.diY¡';'~¡';¡¡'¡dÍly, ' ~ oc caIorod, can a.J~ thë Water 10 õp¡,..,. daudý, frothy '" colored. , , ~ and/Ò1 sewage'waste may alsO be '"" culpõ'; ;>_ .',:: ;";"'_ "',. "r.,~;.: ,._.,:..., .... ';, '~'_"'.. ',_, ,,' " ..:.' _: ',.,' ,'.';."". .:.--. .,' ,...,' ..',...... .' " '. '. ::'. ..': '. ',:" . ....:: '.:.:.: Hame'.plumbingaystornl1DsleexV .' c,;m;;¡";~C;;;~~I;,a.¡\PPbI tcp~;(Cuj ':.. plpes'¡,~lIing., oc solder jainls .' . cadmiúm (Cd), and/...:iinc (In) 10 be' IeachocHrani I";d '. , ..' : pi~~~I\i~,~nd~~jainb.,5' '." .' ~ hÓ.. iu'f'.""'Ìrie. Thï{;";~,d~ 1O~1ertiaiY,~,eIi!.rìM1BE ::ror~~.lcoI ';' ¡ ~~~"1e~~\;.. pClfCeiajn RxIu.:o.oc låundry are slalned brown oc black - ,," ...'..' ....-. While spOis an """ dishes or' while onQUSfafian around RxIurOS "',.'/, o o Are You Com:emed T/røI A NeorlJy Acti1Iity May Be Con/Dminoting YOIU WeU? Hcœ are some land uscs'and possible contaminants to test far. ~Ù,'lndusÍrY, oc' , dry deOnl -an ng ..,,~.. ',·~;;"~~Ia!~~iriè~(ÿôêSJ.pH; , \alai diuohod"'¡ids (IDS), chloride (CI), Sullale (SO.I, . and",_:" ,',:,,' ,," Ómsidèr1esting iOrposliådes commanIY used ~ ~ well (caniI!~ '"" fanner OfDepa~ rI Agricull1n lor a list), . nitrate No.), pH, and \alai dissaIvod.oIúIs (IDS).' ' , ea;,.¡derlesling lor bacIerk., ni_ NO.1, and """ diisohod solids {11)S. . ConsI'-: lesting ¡.,; b.o.I petroleum ~ns [lPHg), \alai ail and grease (lOG), bonzone, Jot......, eIhyIbenzene, x¡!oaes (BTEX), MIB£, ~ dibramid. (EDB). Agritultu~1 crap prOdudian ~ end~lmanure;'- '" campost storage area Gas station 'or autømøbde rBpair shop * 0 No known health risk at commonly found concerdrofionJ ~:Jr! Some of the possible causes can have a detrimental effect on health even if present in low concentrations ·':·--'i,C":.-:::>":.~·' r-31 WATER QUAUTY TREATMENT What If My ToIDl Coliform Test Results Are Positive? Step 1. First. try to determine where the contamination came from. The table below lists some possible problems and some re<:OIIl!IlC2Id corrective actions. Some problems you may be able to fix yourself, while othcIs. marlœd by an asterisk (*), legally require the assistance of a C-571icenscd weD contradOl'. Fir a list of C-57liceoscd professionals caD the Santa Clan VaIk:y WaJt:t Pistrict (District) at (408) 265-2600. Ir visit the Pistrict's websíte. From the Pistrict's homcpagc at bttp://www.heynoab.com select <W_ Supply;> then <Wells and WaJt:t Use>. Thewell'j.~~iiUètediér;';¡;inJ8,Q;';" ".' IrrepàlrwaSrecenl1ydOl!e¡:,:' ,," ThopÚmpwa&pri~";lhi,mpuie~: "::' ,_ .', :'" __::'_' _ ':,,' ',f ,: ", .- <. ,_'^':' " ,-'- -,'''--, ",- +-'-, ,,~ ~ b standing wot"': aroú~ theweIÍ .,.:,~ dioi~ing ~ thè·~:;::; ",t:~::~ -'::~\':':~>:!::«:7/\;,:;/';;;;',~:~;;Æ:,;\:":%::?it~;;,~;}:::~'::,:..: '. , ~~~I\~:;!t~;:~~~t~;;, ~n:~~~#Mi~nace:<'.,', "0',,-:-- C,_:"';'__ -"/,','>,'; '-','>, ".;',,;,;' '", . ,;..:~,~-.,:<. . " ' , t, " 0",'\ !,1C'. ':; .'_ '-,:,',:è '. -, :,~' ,.,": - i< - .- :,: " ,,', '-i " ''': - :;..:, ~ :: '_':_1 '.- ,\ /:'; ; '::.; -, :' ":.,".'., (" ~oœ 'allY. missi~íi plugs, Cap ány apolÌ pipB;, and ...r, , '-.' : anY opening., ,_,~ c:iacb.., '. ",' ", , :,'", , :,', " , *~ ~ lic:......d w.u;""""'- to replaco;"¡nsÍáll a neww.uMadgaslcet. " '." ".' ., , C~¡'~$ysIenÌ~Ia~n,~SeaI: ". ,""""-,:-,,'",-',''.-"',,,-.',''' '-":". :","':':,'-' """-,':',,,'/:' ,,' Make";", ibaty;,w plumbing i. not ~ Ío ' , anolhet source 01_ ibat '""I': be c:Oma.n¡Í1aIed', ' (e.g: a ~ .:ommúoity wa.... >ysieml; , ¡': ',;-':-",,"" -",' "'.. " ~~to;ldsdirÍýaiuíip;~"~:' '" -n.;.;~~~in ;\.;pw;,¡'¡ng~:',." '; '," , ,',.' ", .. p' ';,..,~ I .' :t'__ "'r,' ,:,.., .,-, . .,. -,' ;':-..~ ' 1,"'" . ",," " :' ::_ - ,... -"'^' " :',,'" " , ,_ ,'" .". ~ i_ ',,", ',,' IÍtstaB a back.flO!N 'pmenlian ~c.. on .;..;y ouidoai- fauc:éi 1~1ab1e at mast hardwá" apl! plumbing sui'P¥ -,.~:,t:l'-·"-' "':";.':::1;''"')':' " '-"---"".: ':·\,,')'i:;"~: :;,,,''',' " .... .,,' ".. "..'".".....,0·,., .."¡. ':¿,";;"¡ al¡~~~;dra~io.;;;.;. ù¡¡;.;,;¡;·· , prOper ba~.fIaw protection wilhln the well. , Flush Ii';" régular!y';" "', "'-'''''''''''.':'' ;,-, -, - .,' "",",,:..' -, ", :~ anr~ li;;'~ ~DII$ oIihÖ watOr systenì: ' *Con\ad a licensed well coniradÓr to ~...;.. and íopaif. , , C', " ,..,', ' -,;,'- -"" - -" ,-,,',': ,;,;-' <''':,,-\ ,'" ,Th:.r. i. not ~dø<juOto¡';'ck.flDw~. " ,.., .,.,t:':' , '~i:": ,.. ';"~:' :..~, '<., "':, :::f;','" ,,',",> ,"~~ "~\t~~;::::;,;Yl:',,> '.,:-::;,::/','- ''-'.'," t',' ,"_, _".,,- ..,-<--,"",'-"'.", .,.' "<"' , ", ...',,', ,:",'j,:,:,';-è;(;,:.')',. -:', , _;~',,", . _ ":-:1 '.'i, -:':-,'¡; ~! : ,', - There ~re dea~nd or unUsed_ b;'" COIIt1Øde<I;o' · ya\lrplumbing~~. "";<.";:"'::.'i" ' ":",;,.-, The Well éa.ing i. cMo.¡ed;'< , ." ' Thore i. sedi,menI at !he baIIóm 01 ihe well. , " ,',' '-' -'," ,',-- . ':, - ---' *ConIact ¡, bee"'e'J'.... __to dn11 a new w81I and to properly desIrOr the old well. ' " -- ~ : '", ..; ''',', - The well a»ing is perlaraÍed tOo high Ir the òønilaty seal isnotadequate.. . ',-' , , ' , Step 2. Once yoo have located and .,nmmt..n the source of the bacteria, disinfect the system. Fir instructions on how to prop=rly disinfect your well and distribution system, visit the County Department of Envùaameatal Health web site at bttp~/www.elúnfa.org, call them at (408) 299-6060, or call a liœascd water system conttaetor. Step 3. IMPORTANT: before drinking the water, test a new sample for total coliform bacteria. If the results are still pœitive, start at step one again. " --:~' q,,'8 ·..,.".,:',:".'...,......:,:.,.,..'.'...,....,...'..'.: InorgønIcs, ml......I~ IroÌI{";.,;ga.,e.o· . diŠsòl1ed. l";'i¡,¡¡,ri~,lnsoIubIè . ~;:::<~:~i:·:~i.-/-\':·..:"";"":';:'¡- ,.:,;",;.", /IMøJry' '.', ~¡:¿t'/. ~" ,..,--. ;""',c';' ."-,,,, ,,"-, Sand, .ør,dOr tWb;dity)<' ". Volatile orgQIIlc cheòHcaIo I""" '--<.' , .·'·_··,"'i··":··· ,.,,,',, I WhenfaløwedbyNChonIcal RWon CI' IJII øcIj¥ated carbon £i1IIr 2 When~lnf____"alllIIlI ,""""'-...."""""""""................- . OIlIer WfMI qØIty p-obI.m ",øy iIHrWe with IrØnent ~ WIth z.eaIIIrelohn~ .O/Ien~~~ 7 T!Nn en..rot dihrent IfI* fl octivcHd cørbon Iìhn ¡..g. gronulcr, blø:Ir:, pgwd8r-. _I, not all twa work on aI ............... Tø!J.crJøpt.Jhøm ~ Wø1W GucJlfrAøøciølfoll ønrlhm 1996. Rick W~ «0/(1996. ~SlWlJ)'lb PrvIBd y__Homt&Mronmeont(øttdy~: lJn~øI"rnøIs øI~hømpøign. NøtiI CenIiulRegiona/ExtIInsiotl. PubIJcajon583. What Can 1 Do About Other l'roblems With My Drinlcing Wøter? Most groundwater does not require any IIWmeJI1. H you have bad your waIa tested and found a problem that you want to treat, there are many düIerent types of treatment avaiJable. Not all waIa treatment sysœms work for every contaminant or for every water type. Once installed. most systemS require routine maintenanee to continue performing properly. Imp".my maiDtained systems can cause more damage than having no system at aD. You oeed to know what you want to remove and if you will be able to perfronlbe routine maintenance bef- you invest any money in a system. See Ibe guide 00 Ibe left for Ibe options available for your particular probIem(s). Some optioos remove a greater percent of Ibe concentratioo 1han odJer options listed for Ibe same substance. We highly recommond that you talk with the manufacturer or a water ttcannenI professioual to get a guarantee that Ibe system you are considering will work in yom situation. Some water may need to be softened or pre-filœred or Ibe pH may oeed to be adjusted prior to treatmenL c¡ 'YI Resource Guide LOCAL GOVERNMENT Santa Clara Valley Water Dimict (SCVWD) The Santa Cbn VaI!cy _!);strict (Di<1rict) ¡, !he grOWJdwalc:r management ageucy for SanIa Clara County. The District', mission with respect to weDs is 10 ctISUJ'C that weDs arc consuucted. maintained. ...s doouoy«! m a """"" ""'will'" po!<>IIially damage die grotmdwater basin. For iDfoonatioo 011 the constrIJC1:ÌOD and desuuctioo of weJls. groundwater loveb. groondwaIer quaüty,...s local groundwaIo< studics and SCIVicts in Sanø. Clara County contaCt tbcDistricL (408) 265·2600 bttpdJwww.heyDoah..... ColIIDCllM DiltTiet if 16" haw ø pttiDlI øboat: · QroøndwaI:c:r Quality, ltvels. Flow DiJection, or Gcumltnformatioo · Well Coosø:ucIioo. DeslrnCtion. Pcnniaing. ... I'roUdioo · Dry Wclls-Srorm Water Infillration Devices · Undc<grouDd Sung<: ~ · MoIhyI Tertiary·Butyl F.IIa7 (MTBE) · Nib'ale (NO]) · Salt Water InuusiOD · Sol_Spills · C-57 LiCCDSOd Well Cootn<:tmS · StateCenifiedJ.Aboratorics For spills. bazardous materials accidents. or iIlegaJ dUIDJÙI CODI8Ct the Dístrict', 24-boor hodioe (1188) 51..5151 Santa Clara COUDly Department of EmironmentaI Health (DElI) The Santa aan Cooøty Depa1mtnl of_tal IIea1Ih(C~);'reapooaibIefor~gJDbIi' hea11h. The County cosurcs Ihat an wells thai: serve less than IS bomes comply with Sta1e and federal regulations fŒ drinking waccr qoality. WeDs 1ba1 serve IS or ~ homes fall undcrthc jurisdiction of the Califœnia IJepanmcnI of Health Scm:co. The County;' oJso the pennitóng ape¡' r... aepIÍC system iDstaI1aIions. (4œ) m.M6O bItp:lfwww.ElliJdD.org Cmdøct Ibe CØIlIIty i/JDIlIum ø queltltm øbøut: · Drinting Water StmJards & HcaJm JWts · Septic Sym:ms · StateCcrtificdI...abor1tocics II Well and Drinking Wab:r System Disiøfection Housebold HlI7JII1Ioos Waste (IIIIW) Drop-OIf Facilities The Hooseho1d HazardOWi Wascc Drop-Off Faciiities prI>'ÙIC the commanity with practiad poIIuti... J"C""'di... auarcgjes f« !be .... recycting, ...s mapo6aI of products containing __..-.... Call the Household Hazødons Waste: Drop-Off Faciliûcs for information 011 the proper dí¡posal of household hazardous waste including a list of facilities in Santa Clara CounIy a=pting hnusehold - ....... (408) 29'1-73011 bII¡\:I¡"""".hhw..~ State Cerûfied Laboratories A list of .... c:enified 1ah1nIorics can he obIaiIæd by calling the Cooøty IJepanmca11 of EnviromneotaI Health. at (408) 29'J.ó060, or the Santa CIma ¥1Illey Warrz District. a1 (408) 26>2600. You can also find a list ri certified IabœaiOOcs œ the District's wehsi... From the District', homcpa&e at bttpd,,"",.heyooah.com. adect <Wat<:r Qaality> tbcra <1íYour Wav:.r Comes From A WeD> Slate Licensed Wen Contractors For a list of C-57 iic:ensed professiona1& call the District It (408) 265-2600, or visit Iht Discrict's website. From the Dis1rict', homcpa&e at httpd,,"",.heyooah.com. adect <_ Supply> then <Wells ...s w.... Uae>. REGIONAL AND STATE GOVERNMENT California Department or Healtb Services (DHS) . The DMs;on of Drinking w.......s_taI M_ (DDWEMJ;, mspooa;hIe (",the regulation and monitoring of pub1K: water systems, systems serving 15 or more homes. (916)32Ull1 httpdlwww._ govlpsfddwem California Department of Water R....,...,.. (DWR) The DepanmeÐt ofWat<:r Rcs<>or= Ius Uú"-on OD groundwarer management issues tbrougbout California. The web page bas a list of useful publica- lions on ground water. In addition, informatioø on water k:vels aod grouOOwaIer m-¡rnront and. quality can he _ for the Ceob'aI Dis1rict (CD), wlUch mclodea all of Santa Clara Coonty, and_do. (916) n7-7590 bltpd"""'.dpIa............. govlcgi-hUJsupply/gw/moiD·pl Department ofTo:xic Snbstances Control (DTSC) The IJepanmcnI of Toxic Suhatm:ea CooIrol can belp IJUWCI' questions about what is a bazanIous waste, bow 10 reduce bouscbold ba:zardoøs wasre, wbc:rt 10 oep«tapn....sillega10t0mp;ng.aawell aaprI>'ÙIC infOl1'llllion on specific hazardous WIISIC disposal or hæIdling fxi1i.... (916) 3:14-17811 httpd,,"",.dtsc.œ.goY Slate Water Resonrœs Conlrol Board (SWRCB) Tbc mission of the State Water Resources Control BœnI;'1o pr=ve...s cohaDce!be quality of CaIiflJl'Dia's wab:tresources and ensure tbcirproper allocation and efficient use for the benefit of present ...s I'uImc geocrati.... Through the Rcgiootal w.... Quality Cootrol Boards, the State Board oversees 1-'fD ..theW....~~(WDR)aod National PoDUIiœ Discharge Efunjn:atioo. Se:rvîce (NPDFSJ ponnits. (916)227...... ....:/Iwww_ . Regiooal Water QualitY CoatroI BoanI-- San Frandsœ Bay Regioo (RWQCB) The San Franci&co Bay Regional W... Quality Cootro1 Board is the inncb of !be Stare WaI1::t Resources Coo1rol Boød ¡roYiJIDIg local ovasigbt rer the San I'ræIcisco Bay WaIeßhcd. The San . FraDcisco Bay Regiœ iDcludcs all of 1be nør1hcm citic& in Santa Clara County 10 approxïmateIy Cocbnnc Rood in Morgan !iii\. (510) =23111 http://wwW.swrcb.ca.gov/......<I>2 . Regiooal Water QualitY Coolrol BoanI-- Central Coos! Regioo (RWQCB) The CcnuaI Coast ø.g;ooaI Water Quolity Coo1rol Board is the tnncb of the Stale Wau:r Rcsourccs Coo1rol BoanI ¡roviding 10cal ....,;ght rer the Mont=!' Bay _bed. The CenInl Coast ø.g;oo iDcJudcs the _ pmina of San1a am Coonty from ~y Cocloan< Rood in Mmganllill IOIhcPajaroRivc:rinGilruy. (805) 549-3147 http://wwW......b.c&goV/rwqdJ3 FEDERAL GOVERNMENT USEPA's Safe Drinking Waœr Hotline Tbeu.s.___OOAgeœy's Safe Drinking Water Hodinc is avaiIaNe 10 help the pubfu:.drinking__and-and local officials - the mgulañOOS "'" ¡rograms developed in _10 the Sodo Drinking Water Act. Mom_OO-'-""'~ hoollh offoc1scanhe ob<aino!by ailing the USFPA'. Sm DriDkisIg Water !Iodine. The """"" "'" - page oIso provide infannation 00 _ "'" pro<ocóng private weU wa1CI" and ~ to fiDd more infŒDJatiOÐ. (800) 4264791 http://www_ gov/saf......../¡nmIIsLbtml Food and Drug AdmiDistraÜOII (FDA) Amoog """"things. the Food "'" DmgAdmiøis1rslioo reguIaIosthe__mdamy·COJIIIIdtheFDAif you. ha~ questions about !be safety or mgularion of -_. (800) 5]2.4448 bttp:llwww.fda.gov PRIVATE ORGANIZATIONS California GroIIDdwaœr Association (ŒA) The CaüfonDa _ A5s0cWioo (CGA) is. I1Oft1JI'Ofit organization. Its members include walei' weI1drilling "",_-.ctm. ~and moouf_ gooIogis1s, engineers. hydrologists. gov_ omptoy= and oIhcn working m the groondw... field 1bnoogboot Califomis. COJIIIId CGA rorinfcrmatioooothequmtity. quality "'" swilability of Califomia'. groun<tw.........-. (767) 57S-44G8 bttp:llonrw.grouDdh20.org The Groundwater Foundation (GWFJ The Qroondwa1er Fooodalioo is a not.fCI'-profit rqaoizaóon that is dedicated to infonning the public -. grouodw2I<r __ They prov;do oumorous edocatiooaI programs and publica1ioos fer an ages 00 the ~ of grouodw2I<r"'" groond- proccction. The GWF also offers rccognitioo and support fŒ Groundwater Guardian COIJIUlunities ""'AffiIia"'. (880) 8SS-4844 bttp:l/www.grDoochratu..r¡ Natioøal Grouud Water Association (NGWA) 'lbe National Ground Water AssociaIiœ is a not-far- profit œganizatioo whose mission is to cobanœ the WI1s and ctedibility of all ground wara professionals. doYoIop "'" =""'ge indusDy koowted&". "'" promc>IC the groond w... mdamy "'" ondm1anding of ground ___ COJIIIId tho NGWA ra< infœmaUoo on ground waICJ smdics m1 publications nationwide. for lU15Wen to frequently asked questions about ground _. snd rerthe I_ground-' ocwsmllcgislation. (800) 551-7379 bttp:llwww.ngwa.or¡ Natioøal Sanitation FoundatioD (NSF) The Naûonal SaDitalioo Foundatioo is a not-fur-profit organizaóoolbat TeStS p-oducts relating [0 beaItb and ft CIJYironmeDL NSF certifies that home treatment WIÍts meet the IJ13II1]ÍaCtUIe I perfa:mancc claims. Cootact !be NSF for a list of ucatment units that are œrtificd to remove your coøtmtinan1 Ði conccm.. (800) 673-8010 bttp:/Iwww.osf.org NatioaaI Small F10ws Clearinghouse (NSFC) The Naliooal s...n Flow' aoariDgbooso is fuodod by the U.s. EmßrœmcnI8!_oo Agœt:'j 10 prov;do small communities with tt.clmicaJ ..wstaøCe 00 wasœ- water issues. Qm(act Ibc NSFC if you have qucstioos abOllt sepIic aystcm desigu. insta11atiœ IX" maintenanCe· (800) 624-8301 http://,.,.,,.cstd...... edoløsrcINSFC_ho__ National Well 0W0er Association (NWOA) The National Wd1 OWners AssocWiOl'l is an online wocialiooprovidDlgC~"'" ~ information œ the purchase aod .....i_1InN'! of waICr wonS. CIcaIod by tho NGWA, tho NWOA... r...... iDfcxmation on bow to own a ¡rivatc water sysœm, how 10 mainIaio. wdI, "'" 00w 10 -' tho water supply. V'uitŒS 10 1hc $ÎtccaD also find a searchable iist of water well CQIICrICtOIS and informatim on the nature of ground water fCI(JUR:Ci. bttp:llwww."""""".org Water Quality Association (wQA) The Wak:t Quality Associaûœ is an inlc:maIional trade association rqrcsenting the bousehokt. commercial, industrial. m:I. smaIl commuøi.ty water tteaØDCD1 industry. WQA is a resource of WŒJD8tion, product teSting. and professional certification for water WiC'ß. ConIact Ibc WQA for 1[t(R informatioo on bome .......'-. (880) 749-0234 http://onrw.wqa.org 'f~tf/ r Pailyl:luJletm.com - News Article Sea rch Bank of America ~ 'pQi!'!, u.ENTERTAlNWENT : BUSINESS ¡ LIVING! DPINIONS i HEALTiI : FILW i ID r2J EMAIL ARTICLE ® LINK TO ARTICLE g¡ PRINT ARTICLE _ _ed: Satun:Iay, _ 22, 2003 - 6:46:16 PM PST LA-Z-ßOY , Advanced Search I¢ Debate continues on risks of perchlorate levels Archive Search Marketplace Place an Ad AdHou nd MyUst Autos Employment Homes Rentals Special Offers Personals Obituaries Business Directory Worsþlp with us Special Sections Classlfleds News Route 66 Religion Traffic State I Nation I World Weather Newsletters Special Reports Rancho Cucamonga Fontanð/Rlafto Cþlno Valley Jurupa Valley/Noreo Upland/Claremont Pomona/Diamond Bar La Verne/San DImas OntarlofMontclalr David Allen OUr Past Sunday's Best Society Lottery Columnists Coffee Break Flash games Crlckler Crossword Horoscopes Gossip Sports Challenge By SCOTT VANHORNE STAFF Wml II:K RELATED Jan. 21: - Rialto sues over water contamination Oct. 17: - Judge questions perchlorate fine Oct. 8, The chemical seeped into the groundweter dozens - Perchlorate pollution suspects play the ot years ago, and people drank R without knowing. blame gama Oct. 3: No one bothered to test for the rocket fuel component until 1007. -S.B.: Landfill not polluter Suddenly. perchlorate was everywhere. ~;:r2~iII inchas its way to Davis It turned up in Riallo, Colton, Redlanda, Fontana and Lorna Linda wells and was detected in waler supplies in 13 other stales. Water providers screamed for regulations, but none came. Sep. 10, - Committee OKs perchlorate cleanup funds Aug. 22: - Worl<er: Toxies burned at site Environmentalists and groups with perchlorate ties Aug. 7: such as the Defense Department began battling - Feds agree 10 perchlorate probe over what level in drinking water is safe. Jul. 14, Corporations, water providers and health officials - Ria"o PU",UØß water savings sank milUOI1s into studies and treatment systems 10 remove the chemical, but six years after Its May. 7: widespread discovery, perchlorate remains an - Senator writes for cleanup of water enigma. Those. examining aduR exposure reported Apr. 28: :::r: =~~':==.s~' - Perchlorate found in lettuce pregnant rats concluded the chemical causes brain abnormaJlties in newborns. OTHER ARTICLES IN THIS SECTION There's no proof the chemical causes cancer, and the California Environmental Protection Agency 2I2SI2OO5 doesn~ consider perchlorata a cancer-causing - Crumble continues in Phillips Ranch agent, yet politicians, newapepers and - Median Þome prices neerlng $500,000 environmentalists have called R a carcinogen. _ NASCAR ace deals for cÞaritles "I think in the U.S. we have a basic mental conœpt -ICTN news channel signs off that if you can measure R in the water it shouldn~ . Inmate's input on move questioned be there,' said Dr. Steven Lamm, a Washington, _ Officials: Upland eyeing Hesperia's D.C., pediatrldan who conducted a perchlorate city manager exposure study for American Pacific Corp., which _ Everything you need to know manufactures the rocket fuel component. about HASCAR ~ West Nile virus found in Ontario chicken - Suspected car tIIle! leads police on a chase - Grove Theatre makes comady casting Local wells The trace amount of perchlorate in many local wells was undetectable until April 1007 when a California Departmenl of Health Services engineer http://www.dailybulletin.comlStoriesJO.1413.203%7E21481%7E1787262.00.html He ~ :t¡¡¡ "'~ :t_ I,'· , :~,.~, :.:? 2/26/2005 r -'i 3 UallyöWlelill.COIU - r"1I\,::;W~ Sports Lakers / NBA Dodgers I MLB Angets I MLB Local Colleges Kings / NHL USC UClA NFL Special Reports Prep Sports Sports Challenge Sports Columnists Other Sports Horse Racing U"Entertainment Film TV Music Gossip Dining Living Travel Food Health Business Opinions Services Subscribe Pay I Renew Vacation Holds Delivery Problems Change of Address Info ,---,--.-----......-' -iii ! Slop mlolng calli ~ i willi. YOU',. online! ~ , ~ ¡ ~ ~__¡¡~ii'I<m:'i!\' discovered a method that changed the deteCtion level from 400 parts par billion \0 4. One ppb is equivalent to a half teaspoon of the chemical in an Olympic-sized swimming pool, which holds about 660,000 gallons of water. The innovative technique created widespread concem among environmentaNsts, especially after minute amounts of perchlorate were found in the Colorado River, a drinking source for about 20 miMion Southern Californie, Nevada and ArIzona residents. The chemical in water supplies came mostly from plants that manufactured the compound and missile production sites. where perchlorate was routinely washed out and replaced because of its short shelf-life. call _ Firefighters contain fire in single-family home . Freeways to close briefly for wire work - Organizations help school grow garden - Bone marrow drive planned in Rancho . Thirty cited in truancy sweep at Montclair High - Chino Valley school board still working on criteria - Students chart clean boat run under sun - Kiters let it fly as they get high and mighty - Date book Kerr McGee Corp. and Lockheed Martin Corp., which manufadured the rocket fuel ingredient for the military, joined forœs with other perchlorate users and makers to create the Perchlorate Study Group and the Cauna1 on Water Quality. The corporations helped fund numerous studies. inctuding many that reported low levels of perchlorate are harmless to most people, "Our goal is to get the information out: said James Strock, a former U.S. EPA law enforcement officer working as a consultant for the Council on Water Quality. "it's in everyone's interest to get the best scientific data when they ere dealing with an issue thet involves public heanh.' b r could cost the corporations and the nup costs. ^_ higher level would m~!b,' Perchlorate levels in """'I wells ranae from a hioh of 820 ppb to e low of 4.6 ppb, but a majority are In the teens or lower. One study that received funding from the Perchlorate Study Group reported that levels of about 200 ppb have no effect on adults. The study involved 37 men end women who drank perchlorate-tainted water for 14 days. 'sts tested rticipanls' reactions hormones a )t There is universal eg<eement that perchlorate blocks iodine receptors in the thyroid. The d is over can cause 1m. - thyroid heelUl The thyroid needs iodine to produce hormones for metabolism as watl as neonatal and) newborn brain deVelopment. The hormones ere so Important every child born In the United States is tested to make sure he or she has sufficient amounts. While the chemical had no effect at 200 ppb, scientists noted that "blocked iodine uptake about 70 percent at 17,000 ppb. The higher dose &topped some iodine from entering the thyroid, but did not reduce the hormones produced. Scientists said no reduction occurred because \he thyroid stores enough hormones to last http://www.dailybulletin.com/Stories/O. 1413,203% 7E21481 % 7E1787262,OO.html 2/26/2005 1-'11 uallytlUlleun.com - f'ieWS l< 'i ¡;a.t:>ç J UJ...J several months, and because the chemical only stays in the body about 8 to 10 hours before it is urinated out. American's iodine-rich diets most people eet two times the needed amount make up for temporary iodine uptake reduction, researchers said. The 2002 study Is also the basis for the standard proposed by California officials. The state EPA took the 200 ppb no-effect level and reduced ij considerably to take into acoount fetuses, pregnant women and those with under-perfonning thyroids. Richard Plaus, a Seattle toxicologist aJ:1d one of the study's co-authors. said California officials must have "mislnterpretaa' me research. "At a dose below the threshold to a possible effect, you are not going to see anything happen,' he said. "The concentration is so low even drinking two lijers a day is insignJficant. . Environmentalists said the study didn' address effects on developing fetuses or long-te~_ pe ora e ex ure. don't know how the population as a whole would be reactin to this exposure.' said or 0 sae I a California eaijh Haz "The study subjects were healthy, and they had a lot of iodine in their diets.' Rat research y.. .1 b, . rats ex sed to t e fi "That's how we test drugs in this country,' said Renee Sharp, a spokeswoman for the environmental watchdog. . The animal studies reported that low amounts of the rocket fuel ingredient affect newborn brain development by reducing the mothers' thyroid hormone production. "The fact is the more science is done the more clear ij is that perchlorate has effects at very low levels,' Sharp said. But some scientists have deemed the rat research unreliable. The aitters are more susceptible to perchlorate than humans, and the studies focused on parts of the rat brain that aren' historically linked to thyroid hormones, scientists said. ''Thosa studies should be set aside because they were so poorly done we could not come to any conclusions,' said Hal Schwartz, a clinical professor of medicine at UC Irvine. Schwartz participated in a recent symposium of scientists who conciuded the animal research did not prove perchlorate caused the brain abnormalijies seen in exposed rat pups. But Schwartz said the chemical deserves more study_ 'Perchlorate can be dangerous,' he said. "The issue is what concentration is dangerous.' No smoking gun Environmentalists also point to an Arizona Department of Heaijh Services study that compared leveis of thyroid-stimulating hormones in newboms in Yuma and Flsgstaff between t994 and 1997. Yuma gets drinking water from the contaminated Colorado River: Flagstaff has a pure. mountain source. The Yuma infants showed significantly more Ihyroid-stimulating hormones than those in Flagstaff, leading researchers and environmentalists to suppose the newborns' thyroids worked hardar because their mothers drank the contaminant. But one of the study's co-authors said the research is no smoking gun. http://www.dailybulletin.comlStories/0.I413.203%7E2148I % 7E I 787262,OO.html lV~ ~ 2/26/2005 fl5 J q,.¿.¡S 6 EXHIBIT D Petition to Overturn Building Permit No. TM-2004-0S, U-2004-06, ASA-2004-09 APN: 326-33-107 approved byCqpertinO. Planning Commission on January 25, 2005. This request is issued to appeal a decision made by the Cupertino Planning Commission to approve the building application at the East end of Greenleaf Drive in Cupertino, Ca. We, the undersigned, are concerned citizens who urge the City of Cupertino City Council to act now to overturn the decision made by the City of Cupertino Planning Commission. Reference Letter of Appeal and Application. Petition summary and background Action petitioned for or 1/11/°5 c< Date ( !s¿) Comment i It --d.-5' I)v lZ-}~ - Mj Q..z, tw.- »..- 4-óJ'-2J2 -hlr:P DV; r{.o$; -(!y2- ~2?J-- O.J \)(' 2/ðÇ zsr-- 22~fj ft¡j - ..252 ,. 6~~JA 468 Dy- Address .~A~ ¡(17 {;.J'<.«O! Printed Name ~:f-lvcf L.a.-C) J-ll-ll q.< Ci_ ~ \r:~ ("s..' o ; ~ 2 J ~ 4-'1- b - s· ((..Oý- 738- L¡..wf- pv. 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Comment Date ~Nll.J¡ I 16/7(,.. 6:lIiDeN G1-æ: 'DV\ .~ 2D~0t\A~ . t 'STö f' CuTiR\l61I~ ~~ . .~ . 2ö~0 Ö - J-G D:;J , ~Oß7 HK Lfb J( \\f' )z(2f/tK rµfi1Ç H~·~~)) .- r JIa klf/>7 wf-1æ dJ;¡~ €o8gg ·fþ'^r~ ~ do ggg- J-I17-rvfoteb _"2J I 21:7 q 0:$ H-¡¡-¡.J¡:;«.p ~. :2D~ ð 3 \-(J!jI'JFöP<Þ DI2 :03¥ì ~L~ I)rz. 2f¿¿, OS 03,! q &Q~N\1 í\~ '\J, -1\ 5' 10.)7/':> Gl.f1\i(lli jD 32-7..--G~~ o~l, Dj, G- L.&"wf,- 11R- Printed Name 51, ature ~ ~ :t: , !.U-- i r;: :Pc'1/\- cL ! - (..l - CCbf1) 4- r I OU , , ?o.\~ù¿ ~ X\; - , } ~ ~ b--L-LA;IJ 0\.\ ~ \ ~ ~J_b °6 C' Date Comment Address iO?o'i (~/f/V rile.- D,· (O'jc/j Gk-"t0e j).{;v~ 2tJ1I( Dr)/U f]' 17z O/. Printed Name . rJ S}pJcs¡ êb^It€7f f1(e~~ [~ér ~~ Ymv¡B£ frÞTU'¡~o 11 ~ _"? -(;> ~ ..... Gary Chao From: Sent: To: Subject: EXHIBIT E Sue Tippets [stippets@valleywater.org] Wednesday. February 16. 2005 4:54 PM Gary Chao RE: Gary - City of Cupertino The three new homes will not pose any greater threat of contamination to drinking water supplies than the existing homes in the neighborhood. Groundwater extraction wells are built with a sanitary seal - a 501 concrete seal around the well casing- that protects the well from drawing water from within 50 feet of the surface. In addition, sanitary sewer systems are designed so as to not infiltrate sewage into the soil. This is best handled with solid piping. However clay pipe was very prevalent for sewer systems for years and may still be used. Clay pipe is more susceptible to cracking or separation at joints however the septic pollutants are removed through the process of infiltration through the soil. This typically occurs within the top few feet of soil and will not extend to the depth of the well intake zone. Other regulations relative to sewage pipes and water supply are governed by the Department of health Services. The regulations require separation of water supply pipe and sewage pipes both horizontally and vertically within the ground so as to protect drinking water supplies from the potential for contamination from sewage pipes. I hope this addresses your concerns -----Original Message----- From: Gary Chao [mailto:GaryC@cupertino.org] Sent: Tuesday, February 15, 2005 8:17 AM To: Gary Chao; Sue Tippets subject: RE: Gary - City of Cupertino Sue- Is there any way you could mail me something by the end of this week?! We really need SCWD's opinion on this matter! Thx. -Gary > -----Original Message----- > From: Gary Chao > Sent: Tuesday, February 08, 2005 4:57 PM > To: 'stippets@valleywater.org' > Cc: Gary Chao > Subject: Gary - City of Cupertino > > «File: greenleafmap.jpg » > Sue, > > Per our conversation, here is the tentative map of the project. Lot 5 locates the existing water facilities/equipments of CA water service (which will be untouched) and Lots 1 - 3 are the new lots where homes will be constructed on. Lot 4 is actually a remainder lot as well for road purposes. Currently it's one big lot. This project is exempted from CEQA since only 3 homes are proposed. As I was mentioning earlier, we have one neighbor (Mrs. Helgreson) that is concerned with the potential contamination to the drinking water from the the new sewer systems for the three new homes. Even though CA water is the responsible water agency on this project but we would like to get an independent opinion on this matter. If you can just go ahead and summarize what you went over with me on the phone that would be greatly appreciated! FYI, the City is in support of this project. In fact the Planning Commission approved it already - right now it's on appeal (by 1 9-5;) Mrs. Helgreson) to the City Council. I will also talk to the sanitary District on this matter as well. Thanks a million! > > Gary Chao > Assistant Planner > City of Cupertino 2 ~~ DISTRICT MANAGER·ENGINEER MARK THOMAS 8< COMPANY, INC. DAVID E, ROSS \\ ~lur.t4>".. !~\'\ <';j>¡: ..."<CO 48l1Sllt~ '\: BOARD OF DIRECTORS WILLIAM A. BOSWORTH DR. JOSEPH F. BROWN DISTRICT COUNSEL ATKINSON. FARASYN. LLP HAROLD S. TOPPEL 20833 STEVENS CREEK BOULEVARD, SUITE 104 CUPERTINO, CALIFORNIA 9501402154 (4081253-7071 PHONE . (4081253·5173 FAX JOHN M. GATTO CURTIS B. HARRISON WENDELL H. KERR, JR. February 16,2005 File: CSD - MOP Planning Department-Cupertino Mr. Gary Chao City of Cupertino Attn: Planning Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 EXHIBIT F Subject: Name: Address: APN: Tentative Map Greenleaf Drive Project Greenleaf Drive 326-33-107 Dear Mr. Chao, The Cupertino Sanitary District has reviewed the plans for the proposed improvements and has the following comments: In our letter dated November 22, 2004 we stated that sanitary sewer service can be provided for the proposed improvements. The final improvement plans will need to be reviewed by the District and District fees and pennits are required. Sanitary sewer installation in accordance with the applicable plumbing codes should mitigate any groundwater contamination concerns for the improvements. Please contact Vincent Luchessi or Carl H. Beckham at (408) 253-7071 if you need any additional infonnation. Sincerely yours, MARK THOMAS & COMPANY, lNe. District Manager-Engineer ~~~ ~David E. Ross CHB:vl SUPPLYING SAItITARY SEWERAGE SERVICES FOR: CITY OF CUPERmo, PORTIONS OF THf Clms Or SARATOGA, SUNItYVAlE, Los ALTOS Alto SURROUItDING UNINCORPORATED AREAS 9--51 www.cuperfinosonitarydistricf.com Cupertino Planning Commission EXHIBIT G January 25, 2005 development; is it the right decisIOn to deny housmg proJec!s anQ ¡eave the site vacant for 20 years? That practice needs to be addressed. Chair ng: · Said th were discussing the housing element tonight and Apple, Va 0 south, Va1lco north, and those numbers w' were done in 2003. · Asked staff to me back and discuss how they want reallocate them and why, since it makes sense that' some areas it should be dense s. where industrial area should remain industrial. · e new option in the Hot Topics document where they Discussion ensued regardi the availability of mee' g room for the study sessions. Ms. Wordell indicated that the comm ity hall was not available on bruary 14th. She said she would contact the commissioners in . . dually to set a meeting date. ed the public, Fine Arts Commission and Housmg Commission for their 3. TM-2Q04-05, U-2004-06, ASA-2004-09 (EA-2004-08) Wayne Aozasa (CA Water Service), Greenleaf Drive Tentative Map to subdivide a .95-acre parcel into four lots ranging ftom approximately 6,430 square feet to 8880 square feet, plus a remainder lot of 11,500 square feet. Use Pennit for 4 two-story single-family, two-story residences in a planned development. Architectural and site approval for 4 single-family, two-story residences in a planned development. Gary Chao, Assistant Planner, presented the staff report: · Application is for a Tentative Map to subdivide a .951 acre parcel into 4 parcels ranging ftom approximately 7,000 square feet to 8,500 square feet, plus a remaining lot of 11,500 square feet. · The ASA and Use Pennit Applications are not being considered as part of this approval as the applicant has decided to proceed with the Tentative Map approval first. · The project is approvab1e at the Planning Commission level. · He reviewed the site analysis, private road, Califomia Water Service remainder parcel, tree removal, as outlined in the staff report. · Staff recommends that the Planning Commission approve the Tentative Map application in accordance with the model resolution. Noted that the title of the resolution should be amended to read "the Planning Commission is approving the Tentative Map application." Vice Chair Miller: · Noted that there were two unattractive structures on the water company land and questioned if the streetscape would be enhanced when the view is open to the public. 1-55 Cupertino Planning Commission 14 January 25, 2005 Mr. Chao: · That is why staff is suggesting some landscaping strip along the wrought iron fence along the private drive, to screen the use of the pump areas. The applicant will plant shrubbery and landscaping in the first 25 feet of the property. · There is a condition that requires the water service company to clean up their existing lot. They are encouraged to plant more shrubbery to cover the pump station if desired by the commission; it can be made a condition of the project. · Lot 4 is actually a lot, but it is a lot to be designated as a private cuI de sac; it will be maintained and incorporated into the CC&Rs of the project of the HOA. Com. Giefer: · Questioned if the pavers were ADA compliant. · Asked what appeared to be either a capped off well or a water storage well underground. · Questioned the contradiction in the staff report, Page 3-3 and the resolution Page 3-6 regarding tree preservation. · Disclosed that the developer was present when she was on the site. Mr. Chao: · Said the Building Department would look at the pavers when the project comes in for a permit. Not necessary to be stipulated in the model resolution. · Said the experts ftom California Water would address questions about the equipment. · Relative to the language in the model resolution and the staff report about the trees, said the intent of the conditions so that tree Nos. 7, 56-58, 71 could be removed at the discretion of the property owner in the future because they are not specimen trees. Any other trees shown on the map to be preserved aside ftom the specific numbers are to be recorded as covenant on the property to be maintained and preserved. Com. Saadati: · Asked who would maintain all the landscaping around the iron fence and the ITont. Mr. Chao: · The HOA for the project will maintain the landscaping under the CC&Rs. Staff recommends that the landscaping area in ITont of the water company site be made part of the HOA so that they can maintain and upkeep the area. It will be confinned with the applicant tonight. Chair Wong: · Relative to the building envelope 1, 2 and 3, especially No.3, asked what the size of it was; and stated that Lot 3 looks narrow. · Said the applicant can address that when subdividing this lot in the future as the city grows. Will there be enough capability or capacity for a city; do they need the extra space? Mr. Chao: · Don't know the specific square footage of the actual buildable envelope; the lines being called out on the site plan shows that it confonns to setback standards; applicant can address that. Vice Chair Miller: · Disclosed that the applicant was present on the site when he visited it. q ~5(P Cupertino Planning Commission 15 January 25,2005 Wayne Aozasa, agent for the developer: . Application was a 4 lot subdivision, and through working with the Planning Department resolved it to a three lot subdivision; the 4th lot is the road which makes it a total 5 lot subdivision with the water company lot being the remainder site. o Relative to the building envelopes, we have had some elevations and some architectural drawings done, and the cuI de sac and the wrap around and the Water Company dimensions got jostled around a little, so that we wanted to get the subdivision done fIrst and then come in with the homes after the subdivision was accomplished. o Relative to the landscaping maintenance in the front area, the Water Company has provisions to maintain their own site and I believe the Water Company has a lot of sites in the area that are in the middle of residential districts and there is a provision that they maintain their own sites and have a front yard provision or policy to maintain their properties. Com. Giefer: o Asked what the large concrete object was in the center? o What type of station is it, is it a pumping station or a drinking water pump. o As part of the Homeland Security Act, asked if they were required to harden this particular pumping station or their drinking water storage tanks. Expressed concern that additional security measures may have to be installed in the future. o Introduced Ron Richardson, California Water Service Company and Shawn Hefner, California Water Service Company: Mr. Ron Richardson, California Water Service Company: o Said the object was a cement foundation for a water storage and aeration tank. o Stated that the station was a well station that pumps directly into their distribution system for drinking water for the residents of Cupertino. o At this time there are no specifIc plans to increase the security of the site. The site currently has two locked fences. Chair Wong: o Asked if, expanding to this area as the city grows, did they need to expand on this particular site. Mr. Richardson: o Said it was a question for the water company, but said they do not intend to expand other than the lots they are subdividing. He said he assumed that the aquifers and the wells at which they are drawing the water from have the capacity to do so. He said he could not assess the future needs, but noted there were large pipes undemeath there and that is the main service for the city of Cupertino. o He said he shared the concerns about the security systems for the water supply for the city of Cupertino. They are attempting to enforce the non-pedestrian or non-entrance no trespassing type of environment for the water company and the water company has a public conscience to deliver and keep the water supply safe for the city of Cupertino. Chair Wong: o Expressed concem that as the city grows or the metro area grows, this will be three lots they will lose. 9-57 Cupertino Planning Commission 16 January 25, 2005 Mr. Richardson: · Said they had the capabiJity if the subdivision would be approved to be able to improve or introduce additional facilities at that site which could potentially allow them to drill an additional well once the life span of the current wen has been exceeded. They would also potentially be able to add facilities that would enable them to boost the disinfection of their water supply in that area as well. · Despite the potential for the subdivision and not having the entire amount of land, they would still have the opportunity to make improvements to the property. · In Cupertino they currently have three wells that provide water to the residents of Cupertino along with one interconnection with the wholesaler Santa Clara Valley Water District. · There is also one well at the Greenleaflocation. Vice Chair Miller: · Asked if there is any danger of contamination of the aquifer from the construction of homes in that area; and how deep is the aquifer. · Asked if there had been any incidents ofthat at past sites where similar developments were done, of a leak in one of the sewer lines or something similar that contaminates the area and then the well. Mr. Richardson: · Said he did not perceive the possibility of any contamination as a result of the building of homes in areas that are immediately adjacent to their wells. · Said he did not recall any incidents of that nature around new developments, and said the aquifers in the area are typically quite deep. Mr. Aozasa: · The water company plans over a hundred year period of time. · The aquifer is likely hundreds of feet deep. · Said the turfblock or interlocking pavement to be situated at either end of the driveways or on the cuI de sac, is an altemative and not a prescription. He said he was unable to fmd other cuI de sacs that were subdivided or made with an interlocking paving or turf block paving sequence. · Said he wanted to ensure that the Commission was aware that in the findings for an interlocking pavement or turf block pavement application, it was an alternative to be looked up for drainage not a prescription for them; they would like to amend that finding for the interlocking pavement and also either delete or amend the condition of approval on that interlocking pavement sequence.. David Lee: · Canvassed the neighbors; many had no objections to the project; two neighbors objected, one had tree issues and didn't want the trees cut down. They are cooperating with the city and will work with the arborist; the area requires a lot oflandscaping, especially trees. The back and side of the lots abut the commercial real estate and side of the lot which is an area that cries out for landscaping. He said they will not back away from the needs of the community. · Talked to a neighbor residing across from the lot; desired some trees up front, and will make provisions for trees as well. · Third neighbor expressed concem; resides across the street from the lot, tentative map shows the private street, opening of the private street faces their front door directly and they are practitioners of fung shui. He said he arrived at three concepts, none of which are mutually exclusive; his desire is to help mitigate the impact of the private street to their home. f( -58 Cupertino Planning Commission 17 January 25, 2005 Discussed possible mitigation. The first possibility is to move the street over to the east by five feet which puts the mid-section of the street facing directly into the side yard. The second possibility is to reduce the opening of the private street to twenty feet, but keeping the street inside at 28 feet. It narrows the opening and should not cause a safety issue, 20 feet is the typical opening of the driveway. rfthe opening is narrowed to 20 feet, they can reduce the exposure of that opening facing their home and also maintain the 28 feet width of that street in the cuI de sac area. · He said he offered to bear the cost of landscaping needs at the front of the Wong's home, planting and developing a hedge so that it would obscure the street nom their perspective and would satisfy some of the blockage of the fung shuL · He said he felt the proposed mitigation and offer to pay for the landscaping would address the fung shui concerns. · No matter when you put the street, it is going to offend somebody. · Said it would be built into the CC&Rs that the HOA would maintain the landscaping around the Water Company perimeter. · Said the water company would maintain the area around the wrought iron fence, such as debris collecting under the wrought iron fence. Com. Giefer: · Expressed concern about rubbish collecting in the area of the fence in a residential area. Mr. Chao: · To address the Planning Commission's concern about maintenance of the nont area of the water company's property and the existing water pump station property, staff suggests that a condition be placed requiring, prior to final recordation of the map, that a maintenance plan or program be submitted to staff for review and approval. Chair Wong opened the public hearing. Cathy Helgren, Greenleaf Drive: · Read the letter she submitted to the Planning Commission expressing her concerns about safety issues relative to possible contamination because ofleaks in the sewer pipes on the water company property, causing health dangers to the nearby residents. · Also mentioned were concerns about the loss of trees, impacting the view and beauty of the property; and diminishing property values on some adjacent homes because of the impact of the two story homes on the existing homes. · Opposed to the proj ect. Lei Wong, Greenleaf Drive: · Opposed to the proj ect. · Expressed concern also about the possible contamination of the wells. · lllustrated photos which showed various views nom his property and the impact the project would have on his home and privacy. · Recommended that the Planning Commission reconsider the location of the proposed street because of the impacts it would have on his property. · Said that the applicant's offer to pay for the landscaping to screen the nont door was acceptable, and narrowing the street to 20 feet rather than 28 feet was appropriate. Deborah Hill: · Opposed to the proposed project and the removal of the trees. q-59 Cupertino Planning Commission 18 January 25,2005 · Said many of the neighbors are opposed to the project. Lynn Carter, Greenleaf Drive: · Resides directly across from the water company. · Expressed concern about the wrought iron fence, and suggested a more appropriate fence with landscaping in front of the water company property. Vice Chair Miller: · Clarified that the house behind the pumping station would not be visible because there would be a six foot wooden fence on the other side of the property. Chair Wong closed the public hearing. Mr. Chao: · Addressed the contamination issue; said the water district has specific standards relative to the distance a fence, foundation or roadway can be from their piping system or underground pipes. · Said as part of the project, a condition can be placed that prior to final map recordation, all the utility companies review the project to ensure the placement of any new sewer system, or that any underground facilities will not be too close to the water company's site or their equipment. · Relative to alignment of the street to Mr. Wong's house, by reducing the width of the road, the Fire Department has to be involved again, since 28 feet is the minimum standard width for a cuI de sac for single family homes. · Staff felt the pavers were an important element of the project, especially since they are removing a large number of trees; visually it offers a relief from the asphalt or concrete. It also may offer Mr. Wong some visual relief. · Staff may suggest the road be shifted by 5 feet, since it would not change much ofthe project. It could be considered as a condition and work with the applicant to shift the road 5 feet to the east of the project. · The wrought iron fence provides a pleasing view to the trees on the water company property and is more appealing than a wooden fence. Staff is encouraging the water company to plant trees in ITont of their ITont yard. Com. Saadati: · Relative to the driveway, suggested narrowing the ITont portion to 20 feet; fire trucks can still get through; their main concem is to be able to turn around. By narrowing the ITont portion up to the landscaping area, additional trees could be planted on the other side to maintain some greenery. · The applicant also agreed to plant additional trees along the side· which would keep the area green and satisfy the concerns of the neighbors. · Relative to potential contamination, he said the project would not have a negative impact because the water table is so low and the aquifer is a few acres in area. · In favor of the project, with the conditions set forth, including narrowing the road with more trees; and planting additional trees next to the adjacent neighbors to address their concerns. · Suggested planting shrubs against the wrought iron fence would improve the appearance and prevent debris ITom flowing inside the fence and be visible. Com. Giefer: · Expressed concern that narrowing the opening to 20 feet, and moving it 5 feet to the right, would remedy some of the residents' concerns; however, by doing so, it reduces the size of lot one. '(-{PO Cupertino Planning Commission 19 January 25, 2005 · Said she would prefer to continue the application, until it is understood what the impacts are of narrowing the driveway and shifting it to the right, so that it is not a problem for the neighbors across the street; since both the measures are necessary. · She said if a vote was taken, she was in favor of the pavers provided they do not create an ADA problem, and any trees retained be recorded in the CC&Rs so future owners could not cut them down. One of the primary concems heard is the green screen currently present, and tree removal. Mr. Chao: · Said it would reduce it by 500 square feet if the opening was shifted 5 feet. Com. Chen: · Said she would like the neighbors' issues to be addressed before a final decision is made. · Suggested that a condition be added that the water company be part of the plan review process to ensure that every tree planted and all construction work done would not impact the water lines or pump station on the security side, and impact the water quality side. · Include a condition that the water company clean up the site and maintain the site. Vice Chair Miller: · Concurred that the water company should sign off on all plans prior to installing sewer lines. · He noted that the water company pointed out that the aquifer is a substantial distance below the surface which also minimizes the potential for contamination. · The issue across the street is a real financial issue because as the resident said, the fung shui does impact the value of the property, and it an important issue that needs to be addressed. On the one hand, the 5 foot move-over may have worked; that impacts the owner of the property, reducing what he can develop. It also creates the problem that it is a R1 7,000 zone; that particular lot would be below the zoning level and you would have to shift the boundary lines between the lots. · Another possible solution is narrowing it to 20 feet at the opening; 20 feet is the minimum requirement for the fire department and if it widened up after that, it may be a reasonable solution. · Another possibility is shifting the road to the left and meandering it back. It may make it worse from a fung shui standpoint. · Another possibility, at the opening, the applicant suggested that he could block the neighbor's front door with landscaping, but another alternative may be to block part of the opening with landscaping; and the neighbor would not be impacted. · Said there were solutions available; he preferred to work at the staff level. · Com. Saadati's suggestion of more shrubbery would solve the problem of seeing through to the property. The wrought iron fence does make a better presentation as long as the lot is not open to a visual eyesore. · A property owner does have the right to develop his own property; it is not reasonable that the city not allow the property owner to do that so that neighboring residents can have the benefit oflooking over the fence to attractive trees. · The pavers enhance the street and the view into the property, and are important in tenns of mitigating runoff of groundwater and the potential for doing that. · In favor of the project if the issues can be mitigated. 'l-(Pf Cupertino Planning Commission 20 January 25,2005 Chair Wong: · Thanked the neighbors for attending the meeting; the applicant worked hard to address their concerns. · Said he concurred with fellow commissioners, and supports moving the road 5 feet to the east, narrow it at 20 feet and open up at 28 feet; staff recommendations on the review checks of utilities; ensure that vegetation is planted in front ofthe wrought iron fence. Motion: Motion by Com. Saadati, to approve Application TM-2004-05, including the condition entitled Retained Parcel Maintenance, stating that the applicant shall record a covenaut and deed restriction running with the land obligating existing and future property owners to maintain the retained water company parcel and fencing free of debris and graffiti. Additioually, landscape materials and existing retained trees shall be professionally maintained in a healthy, trimmed condition. The property owner shall retain a property maintenance service to visit the site on at least a monthly basis to ensure compliance with this condition. Said covenant and deed restrictions shall name the city and the adjacent three new homes as third party beneficiaries and shall include some surety or other guarantees subject to the review and approval of the city attorney. Also include narrowing the street in front to 20 feet, and moving it over 5 feet; and include wording that the water company sign off on all plans for sewer lines. Second: Vice Chair Miller (Vote: 4-0-1, Com. Chen abstained) Chair Wong declared a short recess. 4 Z-2004-03, TM-2004-11, U-2004-09, ASA-2004-12 A-2004-10) Greg Pinn (0 Park Village) 10745 No. nza Blvd. (former anta Barbara Grill) Rezoning of a 1.37 acre parcel ITomP (CG, ML, Res. 4-10) to P(CG, ML, Res 35). Tentative Map to create 46 residential cond iniums. Use Pennit to demolish a vacant rest ant building and construct 46 residential units chitectura1 and site approval for 46 residential u . s. Tentative City Council date: February 1, 5 Mr. Chao · Clarified that the tentativ for 46 residential units, not Mr. Chao presented the staff repo · Application is for a use pennit demo' h the former Santa Barbara Grill and construct a 46 unit condominium building a podium ga ge. · A tentative map and arch' ctural site approva . also requested to allow for the 46 units. · Applicant is also rezo . g the property to be cons ent with the General Plan in tenns of allowable density u 0 35 dwelling units per gross a e. · Reviewed the fol wing, as set forth in the attached sta eport: Project description, General Plan and zonin , North DeAnza Conceptual Plan, Architec Improvemen ,Traffic Analysis, and Parking. Christy An Choy, Fehr & Peers Associates: · Revie ed the Trip Generation Analysis conducted, based on the trip rat from the Institute of Tr portation (IT), resulting in the determination that the trip generation the residential tect would be 270 new daily trips, 20 a.m. peak hour trips, and 24 p.m. peak hour trips. The q -(p). So J:"IvI:" ~ COMPANy CIVIL ENGINEERS 1211 PARK ~\Æ~UE. SUIn: 206 SIoNJOSF.:CA,95126 ~ ¡::¡ ~jr-= fAX (4Oe)287-8630 SljPENGI>IEE Y.td100_CON ,,~ LEGEND AND ABBREVIATIONS - - ----It:- - - STRŒT W(1ÐI UN!: ____ EXTrnlORBOUtlOARYUNI NEw LOT UNE [XiST.PROf'ERTYUNE BLlllDlNGENItlOPE,IF1REiRUCKruRNAAOUNI INDIC"'1ESFO\..tID~AMJARI)CI1Y¡,¡or;uI.!ENT INOICATESFOUNDIoIONUMENTASNOTtD INOICA'ltSSfTClTYST,t,NOAROIoIONUUENT INDlC...TES 5tT 3/+' IRQN PIPE.....ffl CAP RCE PUIIUC UT1UTY EASEMENT INGRESS/EGR£SsEAStl.lE~ PUBUCSERIICEEA.SElllrnT RI~TŒWAY EXlST1NG SETBACK 1REE TO BE RÐ.IO\IED · · · o ~, 'Œ '" R.O.V;, EXIST. æ ,. 0_ NOR1HŒNCALOEIfiOPIoIEtnS,L1.C 1975 EL CAIoIINO REAL WEST, SUITE 202 MOUNTAIN V1EW, CA 940+0 LOT AREA DENSI1Y PEA GROSS AREA CALCULA TtON SlTEAREA.(LOT 1 THRU 4)-29,929.44 9O.fT."'O.6B1 ACRES PUBLIC RIGHT OF WAY AREA (30.0')- 2Q8.5e'X3IJ': 6,256.80 sa.FT.: 0.144 ACRES TOTAL AREA = 0.831 ACRES NO. UNlTS/AREA:....L : 3.61 UNITSIGROSS ACRE. .." BASIS OF ELEVATIONS: IS THE aTY or CUPEP r.NC. BENCHMARK 133. CONCRETE NAIL ON TOP Of CURB ON NE CURB "dURN AT THE INTERSECTION OF GARDEN GATEDRI\Æ. BASIS OF BEARINGS: THE BEARING N89'S2'24"E Of THE I.IONUMENT UNE (CENTERLINE) Of GREENLEAF DRIVE AS SI-IO'M<! ON THE PARCEL MAP RECORDED IN BOOK 468 Of MAPS AT PAGE 9. SANTA CLARA COUNTY RECORDS. WAS TAKEN AS THE BASIS Of BEARINGS. REFEREt!CES: ® PARCEL MAP. BOOK 468. PAGE 9 ® PARCEL I.IAP. BOOK 469. PAGE 39. © PARCEL MAP. BOOK 477 PAGES 28 & 29. @ RECORD OF SURVEY MAP. BOOK 316. PAGES 46 & 47. I TENTATIVE MAP NORTHERN CAL DEVELOPMENTS, LLC THREE SINGLE FAMILY DWELLINGS GREENLEAF DRIVE. CUPERTINO, CALIFORNIA AU Of PARCEL VA". AS SAID PARCEL IS SHOWN UPON THAT CERTAIN PARCEL ~AP flLED FOR RECORD IN THE OFFICE OF THE RECORDER OF "!HE COUNTY OF SANTA ClARA. STATE OF CAUFORNIA ON JULY 29.1980 IN BOOK 468 OF MAPS AT PAGE 9. CITY OF CUPERTINO CALIfORNIA SCALE; 1";20' NOVEMBER 2004 SMP COMPANY CIVIL ENGINEERS 1 PARK AVE NUE,SUITE SAN JOSECA, 95126 TEL (408) 314-4806 FAX, (408) 287-8630 -,* - L : --- ¡ . ~ ~ -- T ...............'" VICINITY MAP NTS I ] COI'YRIGHTrêl2004 SMPCQI.I)(¡"¡¡y « .2 w c:: .... ;:: 0 <:> c:: LL ~ C ~ cJ, LL « '" «0 <b w - '" -J 0 '" Z Z .: W - Z w j;: a.: c::w . C!J c.. « :J ü a. <t: :2 w > ~ Z W I- "''''''' 0.161 0,1110 0.175 0.160 0.265 .,,, I I I CHOW RAYUOtÐ L AN> CAR'I"8'I LYffl P WANG La AN> 1.lJ HONG..IAN I REINSCH FIOCER A AN) SARA. D I WANG ClAN XNQY, I-B) N. APNt 326-56-008 APNt 326-56-005 I Af'NI 326-56-004 APNI 326-56-003 I AFNI APNI 326-58-007 fÐ3IJENT1AL F&I:IENTIAl.. fE5IJEN1W.. FIEI3IJENT1AL FES FESIDENT1AI.. 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BACKGROUND On March 17, the City Council met with the Parks and Recreation and Bicycle and Pedestrian Commissions to review the Stevens Creek Corridor Park project and take public testimony regarding pending decisions. The decisions that need to be made include: · East or west side trail alignment · Whether the trail is multi use or not · The capacity of the Blackberry Farms picnic area · When the park project should commence, and · Whether the Blackberry Farm Fund balance should be transferred to the project account The Council asked for additional infonnation, including: · Detennining whether an eight-hundred person capacity picnic area can be operated with 300 parking spaces · Infonnation regarding what commitments have already been made for the corridor and · Whether some of the historical activities currently at McClellan Ranch (such as blacksmithing demonstrations) would be better offered at the Stocklmier site. /0-/ Printed on Recycled Paper March 1S, 2005 Page 2 of3 DISCUSSION The background information provided for the study session is reattached for Council's convenience. In response to the request for information on previously made commitments: A copy of the McClellan Ranch Master Plan is attached as well as the Resolution the City Council adopted in support of the Cupertino Historical Society's efforts. The section of the McClellan Ranch Master Plan relevant to the trial can be found on Page 7, Objective 3. Blackberry Farm staff have detennined that they can work with the park option described above and will employ a shuttle service when necessary, minimizing the need for additional parking and preserving both restoration options. Regarding moving some uses to the Stocklmier site: the historical society is currently considering many options for what programs they may offer. They will return to the Council in the near future with a plan - after it is more fully developed. Note: much more planning needs to be done, but it is necessary for the Council to makes some preliminary decisions. To use the library as an analogy: the decision to tear the old building down and build a separate community hall came long before any floor plans were prepared. We are asking for decisions regarding: trail alignment and use, picnic ground capacity, fund balance transfer and timing. Council will see more detailed plans later this year. Staff recommends: · An east side trail alignment (as illustrated on all the alternative plans), with a 100' setback rrom the Meadows property line. · An unpaved, multi-use trail along the east side of McClellan Ranch, preserving the meadow and keeping traffic as far from the creek as possible. The project budget will need to include the reconstruction of the 4-H pens if the east side alignment is selected. · Blackberry farm to operate at 800 person maximum capacity with 300 parking spaces; staff to manage parking with shuttles, as necessary. This alternative preserves both riparian restoration options. · The project to commence in 2007, to meet a grant funding deadline. This means Blackberry Farm will operate as it has for two more seasons: 200S and 2006. /O-d-. March 15, 2005 Page 3 00 . Transfer of $680,000 from the Blackberry Farm Fund balance to the project budget. Respectfully submitted: ;; }L-fy~ Therese Ambrosi Smith, Director Parks and Recreation Department ~ David W. Knapp, City Manager g:\parks and recreation admin\l stevens creek corridor\staffreports\cc seep 031505.doc 16~3 CITY OF CUPEIQ1NO Parks and Recreation Department CITY COUNCIL PARKS RECREA nON COMMISSION AND BICYCLE PEDESTRIAN COMMISSION STAFF REPORT Agenda Item Numbey Agenda Date: March 7, 2005 SUBJECT Stevens Creek Corridor Park INTRODUCTION The Stevens Creek Corridor Park Project has been ongoing for several years. We have planned this meeting to: · Provide infonnation to the Council and Commissioners, · Provide the public an opportunity to address the Council and Commissions together, and · Prepare the Council for decisions that need to be made fairly soon with respect to: The trail alignment The options for operating Blackberry Farm Picnic Grounds (with or without an entry fee) The tentative project schedule, and Transferring the Blackberry Farm fund balance of $680,000 into the capital improvement budget, to commence the park improvement project. Two of the three park alternatives generated for this meeting include a limited Blackberry Farm entry fee picnicking operation. At the City Manager's request, these two "hybrid options" were developed for public comment. They are attached; Alternatives A-2 and A-3. We will discuss them at the meeting. Printed on Recycled Paper /D-J..{ 21 Stevens Creek Corridor Park March 7, 2005 Page 2 of5 Trail Alignment Recommendation: We are recommending an eastside alignment with a single bridge to be constructed between the southern end of the Stocklmeir orange orchard and the golf course pond. This location maintains the 100- foot setback requested by the residents of the Meadows neighborhood. The eastside alignment provides the best internal park circulation and links activity centers. Timing: The decision regarding a trail alignment is needed so park and restoration plans can be refined. Residents of the surrounding neighborhoods are anxious to provide input and hear the Council's preference. Discussion: The eastside alignment is shown on all of the alternatives. A task force worked for two years on a feasibility study and detennined that separating a rree trail rrom the 4000 person Blackberry Farm entry fee-based recreational facility was infeasible. Ultimately, two alignments were considered: · The east bank alignment - connecting to Stevens Creek Boulevard at the Stocklmeir property, crossing the creek at the southern end of the orange orchard and then extending through Blackberry Farm and the Water District parcel. The trail continues around the community gardens and 4-H pens in McClellan Ranch Park. · The west bank alignment - connecting to Stevens Creek Boulevard at the Stocklmeir property, then crossing back and forth over Stevens Creek on five bridges. The west alignment ultimately extends through the Santa Clara Valley Water District parcel and into McClellan Ranch Park at the community gardens and 4-H area. The west bank alignment was rejected because of the expense and environmental consequence of building five bridge crossmgs. NOTE: Both alignments will require relocation/reconstruction of the 4-H pens and this cost should be borne by the project. We have progressed with park planning options and all of them have been enhanced by an eastside trail alignment. For this meeting, we have generated three alternative park plans and two of the options allow some per-person entry fee collection for Blackberry Farm Picnic Grounds. These are discussed below. /D~S ~ Stevens Creek Corridor Park March 7, 2005 Page3 of 5 Rental Income: Note - this discussion does not take into account the income from rental property at the Blue Pheasant, McClellan house and the Simms property. Rental income is currently deposited into the General Fund. The rental income from all properties is from the: Blue Pheasant Restaurant, Simms house, Santa Clara Valley Audubon Society, and Friends of Stevens Creek Trai1. Total rent received is $131,136 per year, paid to the General Fund. Options for operating Blackberry Farm Picnic Grounds: Recommendation: If the Council's primary concern is loosing revenue rrom the picnic grounds, the "800 person maximum capacity for fee picnicking" option (Alternative A3) will provide the greatest revenue generating potential. The "SOO person maximum capacity for fee picnicking" option (Alternative A2) provides the best mix of revenue to restoration. Timing: We recommend operating Blackberry Farm as it currently is for the 'OS and '06 seasons with construction of the new facilities to commence in 2007. This schedule will meet the requirements of the Department of Water Resources Grant. The Santa Clara Valley Water District is budgeting funding for their portion of the restoration effort for 2007 construction. Discussion: The community visioning process that followed the work of the Stevens Creek Trail Task Force resulted in the Council reaffinning goals for the project that emphasized education and environmental restoration and included a trail or trails to serve a variety of trail users. Staff worked with the Parks and Recreation Commission and the community to develop an appropriate program for the park that emphasized environmental restoration and education. We presented a proposed program for the park - minus the entry fee - to the Parks and Recreation Commission and the public. After receiving comment, we reviewed the public comment and the financial projection to operate the park with the City Manager. This financial alternative (labeled AI, "SOO Maximum Capacity, No Fee Based Option with Youth Camps/Rec. Swim" on Exhibit B, Blackberry Fann Operational Options) resulted in a cost to the City of $9,000 per year, with golf course profits paying for all salaries and park maintenance. At the City Manager's request, two additional entry fee alternatives were prepared for review by the Council, Commissions and members of the public. Both of these alternatives retain some of the profit generating aspects of Blackberry Farm, but with far less activity. The plans for these alternatives are attached as Exhibits Al and A2. The expected revenue and expenditures for the three alternatives is summarized in Exhibit B, Blackberry Farm Operational Options. IO-(P 1.-:-5 Stevens Creek Corridor Park March 7, 2005 Page 4 of5 Creek Restoration: Restoration planning began in November, 2004 following execution of the collaborative agreement with the Santa Clara Valley Water District (SCVWD). The work to date has focused on developing alternatives for in-stream restoration. Restoration work will not be limited to in- stream work - oak woodland meadow (upland) plantings will also be introduced. Two approaches to the in-stream restoration have been proposed by Balance Hydrologics, stream restoration consultants. One approach uses more natural, self-maintaining stream restoration concepts that aim to remove the fish barriers and develop pools and riffles habitat. The second approach is a more traditional solution, which includes the construction ofhardscape (concrete and boulder) step pools and drops that allow for improved fish passage, but have a more limited ability to provide spawning and rearing habitat. The benefits of the more natural self-sustaining approach to flood management include reduced long-tenn maintenance and enhanced steelhead spawning and rearing habitat provided by the pools and riffles. The more natural approach can only be achieved (between the second and third low flow automobile crossing in the park) through realignment and lengthening of the creek channel. The pools and riffles must have a shallow gradient to remain stable over time. A large parking demand would preclude the use of the more natural stream realignment/stabilization techniques because there would not be sufficient channel length available to achieve this gradient. The water district can work with either approach. Water district staff will be at the meeting to answer any questions the Council may have. Parking considerations: We have generated two optional "entry fee" alternatives (Exhibits A2 and A3). The parking is proposed to be "festival style" for the 100 days per year that the picnic ground is open for business (in both Alternatives). The number of spaces, both fixed and festival style, is noted on the attached drawings. By using festival style parking and shuttling rrom offsite for major events, it is possible to contain the amount of the parking needed inside the park to a reasonable amount, while maintaing some entry fee picnicking. Parking has the greatest impact on the available area for restoration of any of the park activities. Parking at the Stevens Creek Boulevard parking lot is proposed to be increased through a tighter parking arrangement (with angled parking and one-way aisles). The proposed Stevens Creek Boulevard parking layout shown in all three alternatives utilizes the frontage road along Stevens Creek Boulevard. Currently, there are 92 spaces available; the preferred parking layout increases parking availability to 125. This is the amount of parking that we believe we can place on the site without shortening the golf course. /6-7 ~ Stevens Creek Corridor Park March 7, 2005 Page 5 of 5 Parking at McClellan Ranch Park is not proposed to be expanded beyond the 31 spaces currently available. The Simms house ITontage will still be used a few times a year for parking overflow for special events such as Wildlife Education Day. With proper scheduling, parking in the interior of Blackberry Farm, off San Fernando, can be used for overflow. The trail will serve as an important amenity within the park linking activity centers. Proiect Schedule Recommendation: We are recommending that Blackberry Fann operate as it has for two more seasons through October 2005 and 2006. Groundbreaking for Stevens Creek Corridor Park could commence in 2007, if Council so directs. Timing: The decision regarding when to build the project is needed fairly soon to ensure that a number of critical path activities that must occur prior to groundbreaking in 2007 are completed. Growing native plant material for use in the restoration project and pursuing the extensive pennitting needed to complete the in-stream work needs to begin now. Having a defined project schedule assists in preparing additional grant applications for funding. If Council believes these concepts are well enough defined for making the decisions on: · Trail alignment · Blackberry Farm operation · Project schedule Staff would like to forward them to the Council on March 15 for decision. At that time, staff would also ask Council to transfer the funds in the Blackberry Farm fund balance into a capital improvement project account, for project implementation. This study session is intended to answer questions in advance of the decision-making meeting. If many questions remain unanswered, staff will return on March 15 with additional information. Respectfully submitted: / _._)J(~ Therese Ambrosi Smith, Director Parks and Recreation Department W1{ David W. Knapp, City Manager g:\parks and recreation admin\l stevens creek corridor\staffreports~oint cc mtg.doc It) -8 ~ OPTIONS "CKBERRY FARM OPERATION! B , .. Exhibi 800 Maximum Capacity Entry Fee Based Option Alternative A3 500 Maximum Capacity Entry Fee Based Option Alternative A2 387,000 45,000 120,000 o 552,000 REVENUE Picnicking Snack Bar Catering _ ~ Youth Camps Proqramminq Total Revenue 270,000 30.000 75.000 o 375,000 REVENUE Picnicking Snack Bar Catering __ Youth Camps Programmina Total Revenue 15,000 24.000 50.000 167.000 256,000 500 Maximum Capacity No Entry Fee Based Option With Youth Camps/Rec. Swim Alternative A1 REVENUE Picnicking Snack Bar Catering Youth Camps Proarammina Total Revenue Current 4,000 Capacity Entry Fee Based Option 505.000 45.000 236,000 o 786,000 REVENUE Picnicking Snack Bar Catering _ _ Youth Camps Proqrammina Total Revenue 230.000 250,000 480.000 72,000 EXPENSES Salaries & Benefits PT Staff & Supplies Total Expenses 230.000 220,000 450,000 EXPENSES Salaries & Benefits PT Staff & Supplies Total Expenses 230,000 235,000 465,000 EXPENSES Salaries & Benefits PT Staff & Supplies Total Expenses 230,000 395,000 625,000 EXPENSES Salaries & Benefits PT Staff & Supplies Total Expenses Operation Profit (Loss) GOLF COURSE Golf Course Revenue 714,000 Golf Course Revenue 714.000 Golf Course Revenue 714.000 Golf Course Revenue 714.000 Golf Course Expenses 489.000 Golf Course Expenses 489,000 Golf Course Expenses 489,000 Golf Course Expenses 489,000 Golf Course Profit 225,000 Golf Course Profit 225,000 Golf Course Profit 225,000 Golf Course Profit 225,000 (75,000) Operation prom (Loss) (209,000) [ass) Operatìon Profìt 161,000 Loss) Operation Profit COMBINED OPERATIONS TOTAL REVENUE 1,500,000 TOTAL REVENUE 970.000 TOTAL REVENUE 1.089,000 TOTAL REVENUE 1,266,000 TOTAL EXPENSES 1,114,000 TOTAL EXPENSES 954,000 TOTAL EXPENSES 939,000 TOTAL EXPENSES 969,000 TOTAL PROFIT (LOSS) TOTAL PROFIT (LOSS) TOTAL PROFIT (LOSS) TOTAL PROFIT (LOSS) FROM ALL OPERATIONS *386,000 FROM ALL OPERATIONS *16,000 FROM ALL OPERATIONS *150,000 FROM ALL OPERATIONS *297,000 Facility Improvements 20.000 Facilitv Improvements 20,000 Facilily Improvements 20.000 Facility Improvements 20.000 Fixed Assets 5.000 Fixed Assets 5,000 Fixed Assets 5,000 Fixed Assets 5,000 TOTAL 25,000 TOTAL 25,000 TOTAL 25,000 TOTAL 25,000 TOTAL PROFIT (LOSS) TOTAL PROFIT (LOSS) TOTAL PROFIT (LOSS) 361,000 AFTER IMPROVEMENTS (9,000) AFTER IMPROVEMENTS 125,000 AFTER IMPROVEMENTS 272,000 income from Blue Pheasant, Simms House, McClellan Ranch house, which goes directly into the General Fund in the amount of $131,136. .... \) TOTAL PROFIT (LOSS) I AFTER IMPROVEMENTS ~ *This does not include rental Historical reservation information was requested by Councilmember Wang, so we are making it available to councilmembers and commissioners. This material is not referred to in the staff report, but we can answer any questions about it in the meeting. /6,./6 CURRENT OPERATION - 4,000 CAPACITY - FEE BASED Blackberry Farm Picnic Exhibit C 1 Average Group Size per Reservation -- -- -- 240 --- ----- 220 - -- -- 200 ~ - # of 180 --- - Groups 160 ~ _ _ 140 - - ---- 120 - --- 100 ---- 80 - - 60 ---- 40 ~ ...--- 20 ... .... ..... ..:: -= -= -= ."" o .... ... ... 50 - 101 - 201 - 301 - 401 - 501 - 751- 100 200 300 400 500 750 1,000 1000 + ~----- - #of I~ 211 57 10 6 2 2 1 1 Days 0 Weekend 164 64 31 12 6 5 2 2 ...... c- \ - - CURRENT OPERATION - 4,000 CAPACITY - FEE BASED Blackberry Farm Picnic Exhibit C2 Average Reservation Attendance 28 24 20 Num bar of Days 16 -- --~ 12 8 4 0 0-500 501- 1,001 - 1,501 - 2,001 - 2,501 - 3000 + 1,000 1,500 2,000 2,500 3,000 - - - . Weekday 25 22 4 2 1 0 0 - - - - ~ - - [J Weekend 13 13 9 7 2 1 1 -- C> \ -- çµ WEEKDA Y CURRENT OPERATION 4,000 CAPACITY - FEE BASED Blackberry Farm Weekday Admission and Expenditures People Relenue' Cost People 1-500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 200 $1,200.00 $1,338.00 Expenditures 300 $1,800.00 $1,338.00 Office $297,50 $385.00 $385.00 $473.00 $561,00 $561.00 $561.00 $561.00 400 $2,400,00 $1,338,00 Lifeguards $577. 50 $660.00 $660.00 $660.00 $660,00 $660.00 $660,00 $660.00 500 $3,00000 $1,338.00 Maintenance $108,00 $135,00 $162.00 $189.00 $189.00 $216,00 $216.00 $216.00 750 $4,50000 $1,33800 Janitorial $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 1,000 $6,00000 $1,535.00 Pools $6700 $67.00 $67.00 $67.00 $67,00 $67.00 $67.00 $67.00 1,500 $9,000.00 $2,362.00 Supplies $20.00 $20,00 $20.00 $20.00 $20.00 $20.00 $20.00 $20,00 2,000 $12,000.00 $2,477.00 Utilities $2000 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20,00 2,500 $15,000.00 $3,915.00 Sheriff 0 0 $800.00 $800.00 $600.00 $1,600.00 $1,600.00 $1,60000 3,000 $18,000.00 $4,742.00 Shuttle 0 0 0 0 $1,350.00 $1,350.00 $1,350.00 $1,35000 3,500 $21,000.00 $4,74200 Administratile Staff $100,00 $100.00 $100.00 $100.00 $100,00 $100.00 $100,00 $100,00 4,000 $24,000.00 $4,742.00 Maintenance Staff $100,00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 , Total Cost $1,338.00 $1,535.00 $2,362.00 $2,477.00 $3,915.00 $4,742,00 $4,742.00 $4,742,00 Expenditure Breakdown Revenue and Cost Summary Per Person Admission Fee Relenue = C3 Exhibit ..... !;) \ .... (),) CURRENT OPERATION 4,000 CAPACITY - FEE BASED WEEKEND Blackberry Farm Weekend Admission and Expenditures . People Re\enue' Cost People 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 200 $1,800.00 $2,335.50 Expenditure 300 $2,700.00 $2,335.50 Office $418.00 $522.50 $522.50 $522.50 $627.00 $627.00 $627.00 $627.00 500 $4,500 00 $2,335.50 Lifeguards $654.50 $654.50 $748.00 $748.00 $748.00 $748.00 $748.00 $748. 00 750 $6,750.00 $2,335.50 Maintenance $108.00 $108.00 $135.00 $162.00 $162.00 $216.00 $216.00 $288.00 1,000 $9,000.00 $2,440.00 Janitorial $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 1,500 $13,50000 $2,560.50 Pools $67.00 $67.00 $67.00 $67.00 $67.00 $67.00 $67.00 $67.00 2,000 $18,000.00 $2,587.50 Supplies $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 2,500 $22,500.00 $4,842.00 Utilities $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 3,000 $27,00000 $4,896.00 Sheriff $800.00 $800.00 $800.00 $800.00 $1,600.00 $1,600.00 $2,400.00 $2,400.00 3,500 $31,500.00 $5,696 00 Shuttle $1,350.00 $1,350.00 $1,350.00 $1,35000 4,000 $36,000.00 $5,768.00 Administrati\e Staff $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 Maintenance Staff $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 Total Cost $2,335.50 $2,440.00 $2,560.50 $2,587.50 $4,842.00 $4,896.00 $5,696 00 $5,768.00 Exhibit C4 Expenditure Breakdown Revenue and Cost Summary Per Person Admission Fee Re\enue = .... o \ "- -t. McClellan Ranch Park Master Plan Submitted to Parks and Recreation Commission, City of Cupertino by McClellan Ranch Park Community Advisory Committee May 19. 1993 , /D -ð McClellan Ranch Park Ad Hoc Committee Quln'.n Community Center Cupertino, California June 17, 1993 Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Honorable Council Members, We, the members of the McClellan Ranch Park Ad Hoc Committee, are submitting the accompanying McClellan Ranch Park Master Plan for your examination. The committee included Cupertino Parks and Recreation Department Supervisor Michael O'Dowd and Naturalist Barbara Banfield, former Parks and Recreation Commissioners Dean Skeels and Lonnie Toensfeldt, Cupertino Historical Museum Director Judith Carson-Croes, long time ranch supporter Nancy Hertert, and Cupertino residents Deborah Jamison and Catherine Sleight. Formed in February, 1991 the group was given the task of developing a long-range master plan for McClellan Ranch Park by the Cupertino City Council. Recent changes at the park, such as the vacancy of the McClellan Ranch house (created when the Cupertino Parks and Recreation Department moved their offices to the Quinlan Community Center in March, 1990) and the acquisition of the 3.1 acre Simms property, had raised issues regarding use of these newly available assets. It was evident that a master plan for the park as a whole was needed. Meeting twice a month, the committee drafted the McClellan Ranch Park Master Plan containing a mission statement, goals and objectives, and a building and site use plan. Care was taken to ensure consistency with the General Plan and City Ordinance 710 which designated McClellan Ranch Park a nature and rural preserve in 1976 and identified regulations and guidelines for its use. The committee conducted a preliminary needs assessment, researched present park uses, visited model facilities, invited guests to make presentations relevant to the committee's task, and conferred with community groups. The essential findings of the committee are that current uses are appropriate for this exceptional property and that no major changes in the preserve should be made. There is great concern for the preservation and conservation of the park along with a strong desire to enhance and enrich the facilities, functions and programs located there. The committee believes that the McClellan Ranch Park Master Plan will give relevant direction to achieving these goals. /0 -{ r, Since our tour and presentation to the Parks and Recreation Commission, several questions have been raised regarding the Master Plan. We would like to take this opportunity to clarify the position of the committee. The Master Plan for McClellan Ranch Park is a long range vision with no timelines delineated for the many improvements outlined. Our recommendation that a Management Planning Task Force (see Goal II, Objective #1, Activity a) lead by the Parks and Recreation Department identify priorities and set time goals for the various enhancements. Actual progress will undoubtedly depend on successful acquisition of grant funds, in-kind services, community needs and interest, etc. As a long range vision, the Master Plan does not designate a specific time for the Simms house to transition to park-related uses. It is our hope that the Management Planning Task Force will outline a series of steps to integrate the Simms property and house into full usage by the community, some in the near future, <;»thers will be longer term projects. Conversion of the house itself for preserve-related uses can and should be done without an abrupt disruption to the current residents. Regarding the decision to locate the city compost pick-up site at McClellan Ranch Park, when our input was sought we related our opposition as being inconsistent with the Master Plan. This was based on the loss of 600 square feet of field habitat, loss of parking spaces (from 26 to 16), and the increased traffic with Its impact on children's summer programs. We believe that a more appropriate site can be identified. The documents included here reflect careful research as well as many hours spent in evaluation and discussion. The members of the committee feel that the effort to develop the Master Plan for McClellan Ranch Park has been worthwhile and necessary, The park is a valuable community resource which Cupertino is proud to possess. We are confident that the suggestions and recommendations in this Master Plan will be carefully studied and implemented in order to protect, preserve and enhance this unique public trust. Sincerely, The McClellan Ranch Park Ad Hoc Committee UJaJ ç. ()~~ Michael O'Dowd ~~o/t~~ Judith Carson-Croes . = Ðf.-1btÞUl &vfdj' Barbara Banfield v~.-?.f.,R··~.. Deborah l amison Œ~~/ Catherine Sleight ~ Dean Skeels è[>:T~~d( /0-/7 McClellan Ranch Park Master Plan Submitted by McClellan Ranch Park Community Advisory Committee May 19, 1993 Committee Members: Michael O'Dowd, Chair Recreation Supervisor, City of Cupertino Barbara Banfield Naturalist, City of Cupertino Judith Carson-Croes Director, Cupertino Historical Museum Deborah Jamison Communi1y Member Deen Skeels Former Parks & Recreation Commissioner Catherine Sleight Communi1y Member L. M. Toensfaldt Former Parks & Recreation Commissioner Nancy Hertert (now deceased) Cupertino Resident and Long Time Advocate for McClellan Ranch I () ~I e TABLE OF CONTENTS I. Summary of Goals and Objectives II. McClellan Ranch Park Master Plan III. Building and Site Use Plan · Site Rendering · Photos IV. Appendices · History of McClellan Ranch Park · Ordinance 710 · Proposal for Building Assessment (Historical Heritage Commission of Santa Clara County) 10 -/1 I. SUMMARY OF GOALS AND OBJECTIVES /C>~d6 MCCLELLAN RANCH PARK MASTER PLAN GOALS AND OBJECTIVES (Summary) IGOALI: TO foster stewardship of the earth by providing environmental education, leadership, and resources Objective #1 . Encourage appropriate community use of the site and its resources Objective #2 - Continue to develop a partnership with community schools, businesses. and other groups Objective #3 - Provide a center for environmental resources and leadership Objective #4 - Provide the Cupertino Environmental Center (McClellan Ranch Park House) for use by environmental groups Objective #5 - Maintain and enhance farm, garden, environmental & historical education programs /Goalll: To protect and preserve for the people of Cupertino the natural habitat and rural property Objective #1 - Develop a sound management plan for the resources of the Park to include identifying any necessary limitations on use of the area Objective #2 - Work with city officials to minimize visual, noise, and ecological impact that surrounding area has on Park Objective #3 - limit construction at McClellan Ranch Park to that consistent with the Mission Statement for the Park Objective #4 - Work with Santa Clara Valley Water District and other jurisdictional agencies to protect and enhance the quality of the Stevens Creek watershed Objective #5 - Control Invasive exotic plants and work to re-establish native plant communities where appropriate GOALIII: To utilize this rare riparian environment for enjoyment and study Objective #1 - Conduct study to assess the ecological status of park Objective #2 - Maintain and enhance existing trails for use by public Objective #3 - Expand trails to connect with other open space areas and trail systems Objective #4 . Work with local schools and other agencies in establishing study projects of site /6,;;'/ IGOAL IV: To share the rich history of this site with the communhy Objective #1 . Conduct a study to assess the historical significance of this site Objective #2 - Preserve all historic assets including buildings, grounds, and artifacts Objective #3 - Develop a management plan for the buildings and the historical collections relating to the site Objective #4 - Provide activities, programs, displays, and classes depicting historical events relating specifically to site and generally to historic Cupertino Objective #5 - Communicate through print, audio, visual, and dramatization, the history of the site and Cupertino history IGOAL V: To provide appropriate care and management for site and structures Objective #1 - Provide a detailed map and document describing physical features of site and structures Objective #2 - Develop a Buildi ng and Site Use Plan Objective #3 . Implement recommended improvements consistent with Building and Site Use Plan Objective #4 - Ensure and adequate level of funding based on regular assessment of physical needs, in order to safeguard the City's investment. IGOAL VI: Identify mechanisms to fulfill the stated goals Objective #1 - Seek sources of supplemental funding, in-kind services, and volunteer effort Objective #2 - Determine feasibility of forming a Friends of McClellan Ranch Park group, with the responsibility of coordinating volunteer activities, fund raising, advising and working with the Parks and Recreation Department in implementing long range plans. JO~d-d- II. MCCLELLAN RANCH PARK MASTER PLAN /D~;;3 McClellan Ranch Park Master Plan McClellan Ranch Community Advisory Committee May 1993 "The mission of McClellan Ranch Park shall be to maintain and protect the ecology of the area, conserve the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation." IGoall: To foster stewardship of the earth by providing environmental education, leedershlp, and resources Objective #1 . Encourage appropriate community use of the site and Its resources Activity a. Through building & site use plan, identify current & potential uses of buildings and grounds. b. Ust improvements to facilities needed to encourage community use of park resources. c. Inform community about Park and its resources through articles, City Channel video spots, open houses. and other means. d. Revise trail guide and provide revised guide and maps to visitors. e. Develop informational signs and bulletin boards to inform visitors of natural history and social history of area and of upcoming park activities. f Improve the care and maintenance of this nature preserve and environmental study area. Trails must be kept clear and property shouid be maintained to provide appeal and safety for all visitors. g. Improve public facilities such as museum, entrance, & parking for improved use and enjoyment of the site. h. Maintain Native Plant Garden (Located in front and side of ranch house) /6r;N Page 2 Objective #2 . Continue to develop a partnership with community schools, businesses, and other groups Activity a. Involve community groups in future planning by encouraging review and comment. b. Develop mailing list for specific communities (I.e. schools), to keep them informed of plans and activities. c. Survey current users of Park (I.e.., schools as current users of naturalist-run programs), to determine perceived value of current and proposed programs. d. Hold regular orientation for all Cupertino school districts, elementary, high sChool,and college to inform them and get input into potential programs appropriate for their school curriculum. Also hold orientation for other groups, I.e., service groups to ask for their volunteer support for programs and special projects (Eagle Scouts, Kiwanis, etc) e. Meet with area nonprofits to discuss possibility of joint educational projects (Audubon Society, Creeks Coalition, Environmental Volunteers, UC Co-op Extension, San Jose Astronomy Ciub, etc.). f. Meet with local businesses to involve them in support of Goal I activities, by providing employee volunteers, materials, publicity, or financial support. Identify those with suitable grant money, community volunteer programs, and newsletters. g. Develop program to assist schools, businesses, and others, to build their own programs to foster stewardship of earth (I.e., Master Gardener presentations on home composting at schools, Audubon presentations on planting for wildlife, naturalist's presentations on safe home and garden pest control). Objective #3 - Provide a center for environmental resources and leadership IO~;)S Page 3 Oblectlve #4 - Provide the Cupertino Environmental Center (McClellan Ranch Park House) for use by environmental groups Activity a. Continue to work with Audubon Society and other environmental groups in occupying Ranch House space. b. Stay informed of tenants' educational programs and make sure programs are being communicated to the general community Objective #5 .. Maintain and enhance farm, garden, environmental & historical education programs Activity a. Develop and strengthen partnerships with groups and individuals currently involved in environmental & historic education programs (Audubon Society, Historical Society and Museum, Schools, Master Gardeners, 4-H, etc.). Examples of programs are: Farm: . "From Shaep to Shawl" - "From Manure to Milk" (two programs showing how farm animals provide food, clothing, and fertilizer) Garden: - "What goes around comes around" (program on composting and the nutrient cycle) . "Birds, Bees, and Seeds" (program on plant life cycle) - "Natural Pest Management" - "Small Scale Food Production" /O'é).(P Page 4 Objective # 5 (Cont'd) Environmental: - "Aiparian Communities" (program on these endangered habitats along creeks and streams) - "Water: Supply and Conservation" - "Cupertino Wildlife" b. Seek funding for farm, garden, environmental, and history programs. IGoalll: To protect and preserve for the people of Cupertino the natural habitat and rural property I Objective #1 - Develop a sound management plan for the resources of the Park to include identifying any necessary limitations on use of area Activity a. Establish a Management Planning Task Force led by P & A Dept.. with members from Santa Clara Valley Water District. Native Plant Society, Community Gardeners. Aolling Hills 4·H, Cupertino Historical Society, P & A Commission, City staff, tenants of Environmental Center, others Group would meet to facilitate communication and coordination of Park planning and programs and to act as a resource group for P & A Dept.. b. Identify site use parameters, including present legai commitments or restrictions (i.e., Simms House use, ownership/use of orchard, water district boundaries, building inspecto(s findings for structures, etc.). /6 -() 7 Page 5 Objective #2 . Work with city officials to minimize visual, noise, and ecological Impact that surrounding area has on Park Activity a. Develop and maintain awareness of possible impact on site by actions of P & R Dept., Public Works, other departments, through regular staff orientation meetings, etc. b. Develop and maintain awareness of protection of Park by those serving on commissions and city council, through regular reporting on status and activities of Park. Objective #3 . limit construction at McClellan Ranch Park to that consistent with the Mission Statement for the Park Activity a. Review and clarify earlier recommendation by P & R Dept. that no more buildings be moved to McClellan Ranch. b. Include this recommendation in master plan c. Consider a separate city regulation or ordinance addendum to address this issue. d. Prior to construction (including signage), repair or tenant improvements, ensure that plans are in keeping with Mission. Objective #4· Work with Santa Clara Valley Water District and other jurisdictional agencies to protect and enhance the quality of the Stevens Creek watershed Activity a. Identify agencies with jurisdiction over Stevens Creek within boundaries of McClellan Ranch Park and clarify boundaries and legal responsibilities associated with jurisdiction. IO~é)8 Page 6 Objective #4 (Cont'd) b. Define extent of protection and enhancement desired for the watershed and establish time line for accomplishment. c. Establish dialogue with appropriate agencies to ensure their participation in meeting objective. Objective #5 - Control Invasive exotic plants and work to re-establish native plant communities where appropriate Activity a. Conduct inventory to identify all existing plant species within the park. b. From inventory, designate exotics and native plants. c. Research means of controlling or eradicating invasive exotic plants. d. Establish ongoing check and control system to keep invasive plants under control. e. Work with Native Plant Society to identify indigenous plants considered beneficial to the park, and where they should be located. Goall(: To utilize this rare riparian environment for enjoyment and study Objective #1 - Conduct study to assess the ecological status of park Activity a. Work with Creeks Coalition in formulating objectives of the Stevens Creek study, particularly in regard to McClellan Ranch section. Emphasize need for high protection. Obtain results of study. (Study will be conducted by Creeks Coalition. Funding has been approved. Project is tentatively scheduled for 1994.) b. Identify any parameters not covered in above study. Identify methods of obtaining additional info., if needed. /D-J)1 Page 7 Objective #2 - Maintain and enhance existing trails for use by public Activity a. Remove invasive exotic plants (See Goal II, Obj. 5) b. Study feasibility of extending trail into Blackberry Farm c. Study feasibility of circular trail, including bridge(s) connecting park on both sides of creek f. See Goal I, Obj. 1, Activity 'f Objective #3 - Expand trails to connect with other open space areas and trail systems Activity a. Work with Trail Center, City of Mountain View. and other involved agencies in developing plan for Ridge Trail to Say Trail Stevens Creek Connection. Make proposal to P&R Commission, residents, and City Council Proposal should include cost of implementing plan, hiring consultants, and obtaining grants. Study City of Mt. View commitment and successful strategy. b. Do appropriate marketing of trail idea through discussion, articles, public hearings, etc. with residents. Objective #4 - Work with lace I schools and other agencies In establishing study projects of site Activity a. See Goal I, Objective 2 /D~30 Page 8 IGoallV: To share the rich history of this site with the community. Objective #1 . Conduct a study to assess the historical significance of this site Activity a. Conduct research on history of site and structures, including Ohlone history, De Anza encampment, Stephens settlement, various families. Sources for research include Public Library, Calif. History Center, Cupertino Historical Society, City files, study by Lonnie Toensfeldt, Feasibility Study by Judith Carson·Croes. b. Research history of families who lived in structures on site and the lifestyle during occupancy. c. Write historical summary of above study. d. Research other sites in County to assess their educationai programs, activities. Objective #2· Preserve all historic assets Including buildings, grounds, and artifacts Activity a. Obtain professional assessment of structures on property. -include assessment and dating of materials (wood, nails, etc.), architectural style, modifications, construction materials -include both buildings built on property and those moved later to site (Le.. tank house) (As of 5/93, $15,000 has been approved by the Historical Heritage Commission of Santa Clara County to fund this project. See Appendices for copy of proposal. Expected completion date is Fall 1994) b. Determine and write necessary forms to record information on buildings and collection. c. Identify, inventory, describe, and evaluate (including appraising, if possible) structures, equipment, holdings and objects located in buildings and grounds (i.e., blacksmith tools, agricultural equip in barn). /C>~3f Page 9 Objective # 2 (Cont'd) d. Locate within city files any pertinent acquisition records (deeds. record of purchase, etc.) of oblects andlor structures. e. Write recommendations on conservation and/or restoration of buildings and collections (include condition reports). Objective #3 - Develop a management plan for the buildings and the historical collections relating to the site. Objective #4 . Provide activities, programs, displays, and classes depicting historical events relating specifically to site and generally to historic Cupertino Activity a. Research similar programs, classes and activities on local history conducted by other organizations. b. Write objectives for educational programs, classes, and activities. c. Design specific programs to meet objectives. Examples of possible programs: - 'Historic jobs' - Apprenticeship programs for youth and adults in blacksmithing, cooperage, winemaking, fruit growing and harvesting, and others - "The Life of the Valley: Wate~' The role of water and the water system, then and now, and how it affects the industry and lifestyle of the area · Living history programs on farm life in 1840's -- 1940's · Cupertino history classes held on banks of Stevens Creek (include storytelling by Ohlone and other Native Americans); in ranch house; in barn · Annual family days (Harvest Day, others) /D-3;;J.. Page 10 Objective #4 (Cont'd) - Programs in conjunction with other organizations, Le., Dairy farming with 4-H - Architectural tours of farm building architecture (Le., tank house architecture). In cooperation with other heritage and history organizations. County-wide tour system . Demonstration area for orchard, including tree care, and an apricot·cutting demonstration in July - Set up one room in Ranch House or Simms House for farm house display and activities area. Objective #5: Communicate through print, audio, visual, and dramatization, the history of the site & Cupertino history Activity a. Publish informational brochure on historyof site, including buildings, families, significance to Cupertino area, to make available to general public, schools, chamber of Commerce, libraries, etc. b. Provide docent-led tours of grounds and buildings (where appropriate). - includes establishing a docent program (with recruiting, training, and coordinating of docents) c. Provide appropriate signage to buildings and on grounds, compatible with site (Le., plaques, plates, wooden signs, etc.). d. Complement educational programming with photos, slides, video, audio programs for various ages, types of individuals and groups (including audio and touching programs for vision impaired). e. Provide permanent exhibition signage for areas set up for display, Le., Blacksmith Shop. /6~~3 Page 11 IGoal V: To provide appropriate care and management for site and structures ObJectlve# 1 - Provide a detailed map and document describing physical features of site and structures Objective #2 - Develop e Building and Site Use Plan (see attached Building and Site Use Plan) Objective #3 - Implement recommended improvements consistent with use plan Objective #4 - Ensure an adequate level of funding based on regular assessment of physical needs In order to safeguard the Clty's Investment. Goal VI: Identify mechanisms to fulfill the stated goals Objective #1 . Seek sources of supplemental funding, In-kind services, and volunteer effort Objective #2 - Determine the feasibility of forming a Friends of McClellen Ranch Park group, with the responsibility of coordinating volunteer activities, fundraislng, advising and working with Parks & Rec. Dept. in implementing long range plans. /O-3t..{ III. BUILDING AND SITE USE PLAN /D~3'5 ~ - ...--.------....---. ....,' ....--..-" ..- --- ......:---~-.-<_._~.~- -." -~.-_.-~~ --- _~==_:c=~. . - ,~~.....~ ¡,! '~RK TI\I\IL' ¡I f ' \\\ .". _---.n.----------. / --~ D~~~ ~~'ú'[~ - , i.¡'. ~. . ~. VI Z w ,. w .. .n' OS'JNO\A\. o () ORDjRR[\ c) J1cCl.ELl.IIN RANC H . Pp.p,K·,-- . -" .. '\ , I' f \\\\ \\., \ ,\\\ !!r.J/ f/ ~ I;;:¡í~:::;, n 1111111 ll-lIEol . TflNk ...... r MORse : GRRN .. -Q=J ! ~ ':OD"I" "'''''''to! \\\iTff \ ""TURt Cl, r:rRKER"// ri SEUM., \ C.~~OUSE" . / D_"~Ac.K'S."1~,TH pk.D,.,n"ìY /" ~Hap ./ ~ -.., ./BR>I" . ~/ -. -- ~ ~. ~- SIM.M--5 ""oP<-im I -.J ~ ..- ... . .. __ _~_~c.~~~~~_ R~~~-=_- ._ __.L__C____ -- --------.-- -------.-. _.-- -_..-- ~H¡1:><\>'\"'c:. Of l"kc.LeLL~\J ~RNCJ-i PARI<,( \'1'11) (.t".... ..... ..-_._, /0- 31(; McClellan Ranch Park Building and Site Use Plan Notations: * Document is not prioritized. Reference should be made to Goals and Objectives. * All recommended improvements shall be reviewed for Code Compliance before implementation. MCCLELLAN RANCH HOUSE Current Uses: The ranch house has been designated as the Cupertino Environmental Center. Two rooms are being rented by the Santa Clara Valley Audubon Society and the conference room is available as meeting space for environmental organizations. Two rooms are still available for rental. A portion of the basement is being used for storage by the Cupertino Historical Society and Cupertino Community Services and the rest is available for rental. Recommended Uses: The building should continue to be used for environmental organization offices, meeting space, gift shop, library, and should be developed further as a central reception/information area for visitors, with environmental brochures, newsletters, park and trail maps. The conference room is appropriate for classes, a meeting area holding 20 to 25 people, or workshops. One room should be used for a permanent exhibit space for social and natural history of the site and of Cupertino. The basement should be used for organized storage space of historical artifacts and rented as storage for resident organizations. Recommended Improvements: · Add climate control system to areas housing historical artifacts. · Install room security system to area designated for social/natural history exhibits. · Install metal shelving in basement for storage. · Add signage indicating historical significance. SIMMS HOUSE Current Use: The house has been used as affordable housing for low income families since 1991, with an agreement to reconsider this arrangement in 1995. Recommended Uses: All buildings at McClellan Ranch Park should have uses appropriate to a nature and rural preserve consistent with the founding City Ordinance and the Master Plan goals and objectives. The following are three complimentary and simultaneous uses: ;6-37 The house should be used as rented office space for environmental groups as it would be able to accommodate a large organization. . The living room can be rented as meeting space to accommodate environmental and other community groups at low cost. This would ensure that there is an affordable large meeting space available. It can be rented by the local colleges and high schools for daytime teaching activities. . The meeting space and kitchen can be available as a retreat site on weekends to local community and environmental groups who would like to meet in a semi-rural setting. All rental of office and meeting space would be offered with the understanding that environmental and local historical groups would be given priority, followed by selected non-profit organizations. Recommended Improvements: · Improvements will vary depending on intended usage. For example, removing temporary walls to enlarge meeting area. SIMM'S BASEMENT Current Use: The basement is not being utilized at this time. Recommended Uses: The basement is ideal for use as a wet laboratory/classroom to promote education of the creek/riparian habitat as well as other sciences. Recommended Improvements: · Install counters, wet sinks, lab tables and overhead lighting. · Install storage space, cabinets and shelving. Extend security system to include basement. NATURE MUSEUM Current Use: The nature museum currently houses a few animals that are used in teaching and live animal displays for school tours and classes taught by the Parks and Recreation Department Naturalist. Recommended Uses: The Nature Museum should provide the residents of Cupertino, Cupertino Union School District school groups, and others the opportunity to learn about natural history, riparian ecology, and Cupertino history through hands-on exhibits and live animal displays. The Nature Museum needs a comprehensive renovation design that incorporates the recommended improvements listed. A docent program must be developed to assist in the presentation of various programs in conjunction with the Parks and Recreation Department Naturalist. IO-3ð' Recommended Improvements: · Install child-height sinks and toilets. · Replace ceiling, roof, and HVAC unit. · Install a security system. · Improve plumbing fixtures, lighting, and turtle tank fi~ration system. · Install professionally designed and constructed interactive, seasonal exhibits and live animal habitat displays. BLACKSMITH SHOP Current Use: The blacksmith shop is used occasionally to demonstrate blacksmithing techniques on educational days at McClellan Ranch. This building is a replica of the William Baer shop and was moved from its original location at Stevens Creek and DeAnza Boulevard. Recommended Uses: The blacksmith shop should be used as an educational tool with regular demonstrations of early blacksmithing, current blacksmithing techniques, and the role of the blacksmith in agricultural 19th and early 20th century Cupertino. It is appropriate for temporary and permanent exhibits of tools and should be included in the historical tours of the site. Classes or apprenticeship programs in blacksmithing might be organized in cooperation with local college, high schools, and local organizations. Recommended Improvements: · Add standpipe (exterior) and two sprinkler heads (in compliance with NFPA codes). · Check ventilation, adding fan and/or exhaust system, if necessary, for safety of demonstrators and guests. · Install additional metal floor plate next to forge. · Repair bellows. · Inspect all electrical systems. · Improve security. · Extend front ramp to allow for wheelchair accessibility. · Add signage indicating historical significance. · Repair roof, adding gutters and drains. MILK BARN Current Use: The milk barn is not being used at this time except for the portion used as public restrooms. Recommended Uses: The milk barn can be used for demonstrations of milking and other activities of dairy farming. It is appropriate for historical craft demonstrations, classes, environmental education, and other small workshops. ¡D-39 Recommended Improvements: · Install plumbing to provide water to sink and trough. · Improve drainage in milking parlor (sawcut/concrete floor). · Check electrical system and make necessary repairs for outlets. · Add signage indicating historical significance. · Make restrooms wheelchair accessible. TANK HOUSE Current Use: The tank house is being used as storage for the Parks and Recreation Department only. This building was originally located on the site of the Cupertino Senior Center and is built of redwood from a barn which survived the 1906 earthquake. Recommended Uses: The tank house has historical and architectural significance and should be included in site tours. Since the tank houses were integral to the functioning of the farm, It can be utilized in educational programs on agriculture and water. Recommended Improvements: · Interior could be used for display of agricultural implements. · Currently only the exterior of the tank house is considered in uses. CARETAKERS HOME Current Uses: The caretakers' home is currently being used by Mr. and Mrs. Joseph Silva who provide security for the park. Recommended Uses: The caretakers' residence is essential for the protection and security of the park. Since the mobile home does not fit with the architecture of the park, it is recommended that it be screened to lessen the visual impact on the park. Recommended Improvements: · Plant native trees or shrubs around mobile home with landscape design that would not impede visual surveillance. PUMP HOUSES Current Use: The pump houses are not being utilized at this time and are deteriorating. Recommended Uses: The pump houses should be used in early Cupertino history and human ecology programs dealing with the importance and methods of obtaining water. JD~'¡() Recommended Improvements: · Repair and renovate to original state, or as close as is reasonabe. · Restore one pump house to functional status for demonstration purposes by repairing or replacing the water pump itself. · Remove vines covering pump houses. ORCHARD Current Use: The orchard currently includes a few walnut and apricot trees, but is not actively maintained. Recommended Uses: The orchard should be revitalized with new fruit and nut trees of the same variety cultivated during Cupertino's agricultural history. This would allow for educational programs, including the orchard's relationship with birds and nature, proper tree care and maintenance, and farming history. Recommended Improvements: · Remove invasive exotic plants. · Plant additional/replacement fruit and nut trees. · Prune and maintain health of eXisting trees. · Install irrigation system. · Add signage providing information regarding the orchard. STEVENS CREEK and TRAIL Current Use: The creek is a valuable educational resource for Parks and Recreation Department summer programs and naturalist classes. It is also enjoyed by walker, photographers, and bird watchers using the creek trail. The creek flows from the Santa Cruz Mountains, through Stevens Creek Reservoir to San Francisco Bay. Recommended Uses: The Cupertino community has the rare opportunity to use the creek as a field study site in natural history/ecology classes and field research projects. It also can be used for history programs covering water needs and supply in early Cupertino. Restoration of the native plant community along the creek would enhance its educational value. A footbridge over the creek should be built to connect McClellan Ranch and Blackberry Farm to the Simms addition. Current uses should continue. Recommended Improvements: Maintain and enhance the existing trails, and expand trails to connect with other open space. . Remove debris in the creek. . Build a footbridge at north end of Simms addition connecting McClellan Ranch and Simms addition. I () ~'¡I . Remove invasive exotic plants which prohibit native plant germination and growth. Plant native riparian tree and shrub species. Evaluate need for creek bank stabilization. . FIELD AREA Current Use: The field area remains a nature preserve providing habitat for a variety of wildlife. The sundial is also located in this area. Recommended U.es: The field area needs to remain as open space to preserve the natural and rural character of the property. It provides food and shelter for a variety of mammals, birds, reptiles, and insects. The area can be enjoyed by birdwatchers, nature photographers, walkers, and school groups for educational programs. The field could also be divided into several plots for the study of succession and plant ecology by local college and high school research project groups. Each plot could be maintained according to different principles and management techniques. Management techniques could include controlled burning, grazing, mowing, and natural succession by restoring native bunch grasses and Valley Oak trees to one study plot. Recommended Improvements: · Remove invasive exotic plants. · Repair and paint existing fence by the parking lot. · Add informational signage for both field and sundai!. · Install place markers for study plots. COMMUNITY GARDENS Current Use: The Community Gardens program was transferred from Memorial Park site to McClellan Ranch in 1974, a year after acquisition. Residents of Cupertino can maintain an organic garden plot by paying an annual fee for water service raise vegetables, fruits and flowers. There is a picnic area and the beginning of a gardeners' composting area. Additionally the gardeners use an old stable building between the parking lot and the barn for storage of the common tools and supplies. Recommended Use.: This is a very popular program that should be continued. It can be incorporated easily into educational programs with tours, signage, and displays. This could also be the location of a UC Master Gardener Program. Involvement with Second Harvest could be encouraged by appropriate administration. The picnic area could be a respite for gardeners and visitors alike. An evaluation should be made of the adequacy of the water supply. Recommended Improvements: . Improve water pressure and distribution. . Replace perimeter fencing to both protect from deer and improve esthetics. /C> ~.¡().. Repair. paint and enhance the picnic area, and storage building. Work with outside agencies to develop educational information. . Install composting structure on garden side of barn. . Assess dumpster usage, location, and screening. THE BIG BARN Current Use: The large barn is one of the most identifiable features of McClellan Ranch. It is an historic building (c. 1890) whose integrity MUST be maintained (ref. The Valley of Santa Clara, page 115). The barn is still "straight and true." Currently it is being used as storage by the Parks and Recreations Department, Cupertino Historical Society, and the Rolling Hills 4H Club. The barn has a perimeter foundation with dirt floors and an open loft area with unique bale moving equipment. The doors were added for security and are not original. There is no current/active electricity. Recommended Uses: The barn has potential for classes and historical displays. In addition, the barn could be used for housing of historical collections. However, before uses can be identified, its historical significance and/or designation must be clarified. The historical designation will have an impact on any use. Some improvements should be made regardless of designation. [A grant of $15,000 was recently awarded by the Historical Heritage Commission of Santa Clara County for the McClellan Ranch Park Barn as the result of an application by Judith Carson-Croes. The study is to be completed in the Fall of 1993.] Recommended Improvements: · Obtain historical evaluation and designation. · Install lighting and electrical outlets. · Install smoke detection and fire alarm systems. · Add several fire extinguishers. · Repair stall gates. · Improve door mechanisms. · Add signage alerting visitors to presence of bee hive. · Develop maintenance program to preclude deterioration of building. 4H FARM AREA Current Use: City of Cupertino Resolution #3736. 9/74, between the City and the Regents of the University of California (Rolling Hills of Cupertino 4H Club) is a license agreement for the chartered 4H club to use the farm site for youth education program members ages 5-19. This non-profit group provides young people with the opportunity to have hands-on farm experience by raising livestock, gardening, conducting associated projects, and sharing with the community. Members themselves pay for the livestock and related expenses . The club provides tours when livestock are on site, as well as taking the livestock out to the community. Facility consists of Tack Room and 4-stall pole barn situated on approximately 7/8 acre as defined by the agreement.î /o~'-/3 Recommended U.e.: The facility should =ntinue as the 4H farm area. The maintenance and repairs to the buildings and fences should be a shared responsibility between the City and the club. If circumstances change and the club no longer uses the area, the area would be well suited as a City-run exibition farm. Recommended Improvements: · Complete installation of interior electrical system in Tack Room. · Install smoke alarms. · Replace Tack Room roof (installed in 1974). · Improve water pressure. · Cover sump. · Add informational signage. · Design and install vehicle drop-off area for gardners and 4H participants, by 4H entrance. · Schedule regular grading of hillside firebreak. PARKING LOT(S) Current Use: The parking areas on either side of the Milk Barn accommodate a total of 30 vehicles. There is no accommodation for public transportation or other buses to serve the park. There is restricted parking on the Simms addition. Van pooling is used to transport groups coming to the park. There is limited visibility exiting the park. Recommended Uses: The entrance to the park needs to be redesigned to allow for safer traffic flow entering and exiting the park. There should be a bus "cut away" in front of the Simms addition to allow public transportation to serve the park. Additional parking in the front portion of Simms should be added. consistent with the park's overall intended usage. No additional parking should be installed on the original McClellan Ranch portion. Recommended Improvements: -Improve park entrance. · Design and install parking lot for Simms addition. · Implement bus cut away in front of Simms addition. · Add signage to improve awareness of entrance/exit(s). 4-26-93 a:\Sftoplan.MRP /D~'f1 IV. APPENDICES I ó ~'I5 Night The Bear Stalked Clouds mond acronthe f~e 01. thl! moon, tumIng 111.. wooded hills dark for an 'Instaat and then bright enough to show tite remU· lar landmarks u DiU . ;McClellan paid an alter- . tupper villt to his grazin¡ cattle up from S te v e DI Creek. . WalkinS' along. cow· path. he hêanlcaUle bawl- ing in .. glen beyond hi. vi: .ton. Unea,tnlllS, possibly fright In the wnl!, hastened h!sIGOtstep.s. . Coming IroUnd a bend. he saw a I1naI.l herd ofh\j cattle in iI circle, calves in the center lNlTounded by their protectinc mother!. Two herd bulls ltomped and pawed on the ouhldrti 01 the mJllingMro, Indort -the twr edge ol theelearin," . huge griuly sat on hi. haunch!. witching. McClella·n, armld onl1 with a walk!ng .tick, took advantage of. cloud shad· ow to sit down on I dump partially a<:reened by pol- "'on oak .and buck brush. Suddenly one of the bulLs dlarled the bear, .huttin, hb eyes u is the wont of bulls, The bear sidestepped and flailed with a ¡[ant paw, knocking his attacker to hi. knees. Staggerin¡ to his feet, the bull backed off to conUnue the circling of his cows tUld calves at a laferdtsllmce. ~ Finany 12M! bear turned end lumbered of[ Into the f brush. M~lellansatfora$pell, conSJdering the where- about¡ of tM bruJn, but fl. nally elec~ed 10 seek the lafety of nome. i With fr e q u en t glancel t. over his shoulder, heart- J))undin¡ pauses to U.ten and to walt for thetnoonfo peek through. the clouds, it must have been a )on¡, levy walk before McCIel. la·n saw the friendly lamp. light ahining throup the, " l!I)'\':amorel, and Ills doll, , Watch and Sprlne; cam6 epluhhlg through the cnektomeethim. There hasn't been a var-: mit bigger than a jackrab- I.bit prowllnl the old ¡",McClellan place on the ea.t .... bank of Sle~ns Craek for quite a spell, but descend. ~. ant.s of thi. pioneer Cuper. r. tino flamily keep the old storlel.allve. , They hope the City of c~·. pertlno will keep the' McClellan Mme alive In naming the new city park on McClellan road. -P.L. \../ ---_..._-- History A plaque on a giant boul- der in the parking lot of Monta VIsta High School on McClellan road' in CU- pertino marks the spot where Juan Bautisla De Anza camped 198 years ago. The sUe Is up from . scenic Stevens Creek and' lhe new Cupertino city park, old homesite of the pioneer McClellan fam- ily. The .ycamores were there when the McClel- lan kids used to fish in the creek, (Staff Photo) .... \.:-' .._ "....~ 'I ,. ,~õ(".J..':..' .' .::. ..... ..':~ -~'.. '\1...,;a . :t,~' : ....;<:.. J" ~i~'· . . ..', ,.~,-'''''' "~..("... .,. .: ':'¡~<"-' .. ~.. , . . ;"1 I.: .,., , ..' . . i\'lcl.lellan road for which William T. McCle!Jan pe~ titioned the county su- pervisors in 1878 and on which "SIgnposts" now, Ilretch from the Sarato- ga-5unnyvale road west to FoolhUl boulevard. De Ama was on his way north to initiate steps to round a œ10ny, a mission and a presidio beside the Bay when he encamped UDder the oakl on the east balÌk of the creek March 25 17'111 The site 11 only ~ fe"; hundred yard, from where the McClellan. ended !.heir long journey from Missouri, and where Doyle, a promi~ nent San Francisco' at- torney, built his WinerY. This was before Utere was a Cupertirlo', whiclr evolved as the area fiUed with, 'pioneers who cleared the trees and brush from the land banlahed the grizzly bea; and wildcat, and settled down to raising crops and children. Some of lhse early let- tIers included Dr. Otil: Blabon, Nathan Hall, Marlin Ball, S. R. WiI. liama, Tom Kerwin and Joseph Barton. The.1atter, whoae farm wa. north of Ute McClel.. lan.' married Ll:Vbtla, e1desl of the JIJ chi1d~e~ born t.n William T. Bnd EveJine /Dickey) McClellan. Barker had come overland to CaU. fornla In J852, and he Hnd Lel'inla were mar. rled in 1869. The McClcl1ans Ielt Missouri in May, 1849, joining one of the larger wagon trains which was heading west in the great gold rush migration that year. Their children ln~ duded Lavinia, Wallace, Annie, 3·year-old Mary J a n e and the baby, Phoebe, born Dec. 2, 1848. Somewhere near Ut. end oI, the journey _ 'V Aug. 18, 1~9 _ little Mary Jane dIed and was burled in aD umnarJuul grave beside the trail. Thl! grievingf a mil y wanted a proper burial for uie child, but the wagon master decUned to hold up the train long enough (or McClellan to build. coffin from piecea of his wagon. The train went on tU'ld the 11ttle family stayed.. When their lad taak wa. completed ihey drove the horses back and fcrth over ihe Uttle ¡rave '0 wild animal. would not find it, and then pushed on, driving day and night 10 catch up with the train. , This story was told by County Farm Adviser Perley Payne, grandson of Phoebe McClellan and James Frederick Payne, who fiulmed on what II now Payne avenl1t;:~ Members of, the titaUy born in Santa Clai"~·V.l- ley were Theodor"¡ Co- lumbu. (Uncle)~m), James, Jo.eph,: ;!'tank 'aod Grace. '-.:' McClellan brou~ hil family to San: "Jose, whe;re t!l¡ey lived t9f:sev- eral year. wJíØi he ea'l'l\~ the money .16 buy h'is 6r;t farm öñ Permå. nente Cnek up near Mountain View. He drove I u m b e r wagons from Toll Gate (Sarato- ga) to San Jose. The McClellans moved to the Stevens property late in the 18505. . The land has had many owners and they and time bave erased trace. of _the famlJy whG lived there when the thlck-trunked sycB1mrea were' young trees and the hDf'se-drawn mail. wagon splalhed through the crossJng and kIcked up dust on McClellan road going up the hill to the Cupertino polt office. '. }', :'. Cupertibo ~ This wal Cupe~'1n th¡~ mid . 189Ds when)t waC: called Westslde. LÕcater at Saratoga. Swmyvale:. and stevlDl Creektoad¡:: the central itore *,as OB: the southwest comer of. the fntenect.ion :.aCTOlSi- from the blacksmliJ¡ 'hop~ run by William Baer (¡at: right). The grape viDe;:: in the foreground werè:' o n Dan Sutherland'j plate. Ð 16 -t/f; I DRDD¡,\)'iCE NO; 710 AN OrJDINAJICE OF THE CITY OF CUPERTINO ~ŒNDING C1~TER 13.04 OF THE CUPERTINO ~~~!CIPALCODE TO PROVIDE FOR NATUP£ ~~/OR RUP~ PRESERVE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOI~S: The following provisions are hereby added to Chapter 13.04 of the Cupertino Municipal Code: Se~tion 13.04.020 - Definitions I. Nature and/or Rural Preserve - A park so designated by the City Council pursuant to Section 13.04.201. Section 13.04.201 - Nature and}or Rural Preserve A. Any park characterized by such unique natural features that it is deèmed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a Nature and/or Rural Preserve, in which event it shall be used and -treated in a-manner consistent therewith. B. Uses shall be limited to those which will maintain and protect tbe ecology of the area, conserva.~he-natural features-and scenic values, expand- community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with . their preservation. C. McClellan Ranch Park is hereby designated a Nature and Rural Preserve. Section 13.04.202 - Rer,uladons and Guidelines The City Council shall, by resolution, adopt regulations controlling the use, and guidelines pertaining to the development- of, any'park designated as a Nature and/or Rural Preserve. Any such regulations adopted by the City Council shall, where inconsistent therewith, take-precedence over any general regulations contained in Chapter 13.04; - INTRODUCED at a regular meeting Cupertino this_____ 3rd day of a regular meeting of the City Council 5th day of January of the City Council of the City of November , 1975-, and ENACTED at of the· City of Cupertino this ,'1976, by thè following vote: Vote Members of the City Council AYES: NOES: ABSENT: A1\STAIN: Meyers, Nellis, Sparks, Jackson None Frolich None ATTEST: APPROVED: /5/ ~m. E. Rvder City Clerk /s/ James E. Jackson Mayor, City of Cupertino /D-'-/7 .... ORDINANCE NO. 710 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 13.04 OF THE CUPERTINO MUNICIPAL CODE 'IO PROVIDE FOR NA'I1JRE NlDL:TJIW. 'RESERVES THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: The following provisions are hereby added to Chapter 13.04 of the Cupertino Municipal Code: Section 13.04.020 - Definitions . . I. pursu.nt N.ture .n~~ur.1'Reserv. - A p.rk so to Section 13.04.201. designat.d by the City Council Section 13.04.201 - Nature .nd Rural Reserve A.. Any park having unique natur.l and/or rur.l ch.ract.ristics may be designated by the City Council. e:!.ther by ordinance or re,olution. as e.Nature and Rural Reserve, in which event it shall be developed and used in a manner consiatent therewith. B. The following are, without limitation, the type. of u... that could take place in a Nature and Rural Rea.rv.: ~ '1.' Progr.ma of nature discovery and appreciation for-grade-8Cftool and-J.'unior high studentl.. I."ol-J..-, . . r.;- ..'-~ .r.aS. Lecture. and tours f_·-edulc. ..... '··11.ie. in the nature study 3. Prosrams in which high school .tudent. .nd co.munity volunteers ...ist in living tours. 4. Self Ir....dinl tours of natura .lId orchard ar.... S. Guided tour. of 4-11 area .nd sard-.. 6. Prolrams for volunteer pl.ntins of tr.... .hrub. and wildflowers. 7. N.ture experieøcesfor the blind .Ï1d halldic.pped. 8. Display. of biological and geologic.l materi.l..· 9. Display. of collections that rel.te to nature. (i6. Creek experience.. 11. D3m bu:!.lding. 12. Picnicking. .).I" ........ ¡;" "........"".,. .....J J¡ c I.?¥<' :.., oIl'.....,.'-,...J-,. ~ J,_...... - ......._~ - /6-'I't ·- 1j. Demon~trat~o" area for Earm an~ma19. l~... Demonst~ation orchards. 15. '0 Planniag and' planting more orcharii tree.. .. <II'" l6~ ~ Classes in prufting, grafting, planting and care of orchard trees. . . 17-', ' Class...· m fru~t and nut dry!ng, jell1' 1IIàking, canning and wine makingo. ,: 18r. .. ~c· ..ardilmÍll&. 19. Classes'iit the technf.ques ør garden1.n&. 20-. D1splayw of eqldp1ll8ut used in procssau¡ h'Uits and grapes. 21. HilJearlcal dl8plays of farm mach.1a;ery uS'1Id in this valley. 2~; . Lecture. dealing vft~ actas! historical incidents that o~curred on the S::te. (f"3;L . An· opporcunity to interrelate man and a&tare. 24. An area set aside for the appreciation of lovely pastoral views. 25. . A. quiet retreat from the urbanized ar.. that sun'ounds it. '- C. Mc.CIÚlan Ranch Park. 18 hereby dea:1&na.te-i a Nature and R.uralPhser·le. §ection 13.04.202 - Re~ttlationsand Guidelines The·City-(ooncil shall, by re~olution, adopt re3u13ti~na controling the use, and g~ldellne. pertaining to the devalopmant of, any park designated as a Nature;ar-r..'ku::'õ11f'r,¡ser"e. Any such regulations adopted b, the City CoundJ. shall, where i.conaiatent therewith, take pr.cedea~~ overaay general regula- tions containej ·fn Chapter 13.04. INTRODUCED at a regular m.eting of the City Council of the City of Cupe~- tino this day of , 1975. and ~~CrED at a regular zeeting of the City Coun~il or the City of Cupertino this·____ day of . 1975, by the follovia~vate: Yill. Mo!Inbers of the' City COll11ill AYES: NOES: ABSENT: A!!STAIN: ATTEST: APPROVED: City Clerk lI~ìcr, City of Cu~ertino }D-t.fq - CountyofSanta Clara Historical Heritage Commission COunty Government Center, East wing . 70 wesl Hedding Slreel. 10th Floor San Jose. CallCc)fnia 951 10 14081299.4321 1408129&8460 FAX April 2B, 1993 Mr. Stephen G. Dowling Director, Parks & Recreation Department CIty of Cupertino 10300 Torre Avenue Cupertino, California 95014 Dear Mr. DowlIng. PI ease be adv I sed that the Board of Supervisors, at the I r April 27, T 993 meeting, approved the recommendations of the Historical Heritage Commission to allocate $500,000 from the FY92/93 Park. Charter HIstorical Heritage Fund. as outlined on Attachment I. The recommendations request the allocation of a total of $500,000 to 13 different preservation efforts as conditioned by the terms descrl bed I n Attachment II. a memorandum from Deputy County Counse 1 , which terms and conditions have been endorsed by the Historical Heritage CommissIon. Conditioned further upon all allocations of reconvnended funds on the provision that said funds bè expended by the applicant for the approval project withIn two years of the Board approved allocation of funds to said project, or saId funds shall revert back. to the County for possible reprogramming. .. Frank. Fenton, Santa Clara County Parks & Recreation Department. (358-3741) Is preparIng the h1storlc~1 project agreement, outlining the parameters and/or conditions for the disbursement of funds. He will be In contact with you to facilitate this process. Thank you for your Interest In the preservation of our historical heritage. S~relY, ~Kuechenmelster Deputy Clerk. of the Board Board of supervisors: Michael M. Honda. Zoe Lot'gren, Ron Gonzales. Rod Dlridon. Dianne McKenna County Executive: Sally R. Reed ~ 1(¡~.5ó ATIACHMENT I SANTAa.ARA COUNTY tlSTORICALtERlTAGE COMMISSION FY,III2 ,. tlSTORICALPRESERYATJON PROPOSALS (:lIMIJLATIVE AAHKIHQiS &fUI\ØNG flECOMMEHDATJONS 3/t '1r1J _01_ - artItwn Hcue Ckycl San Joø¡sJ tiIIIDrfaIf Ua...n AAn. II. MonIaIvo Law T.mpIe~ Mørw.hOANOciIdon N__ I Clyol_ --..... .........CounIyP....- kiln VII rn-Iorttldden We """"'_..... Clyol.........¡uocw.o__eamm. aAllœtWory...... Ckyaf u.~Hoc.øAun. 1ÞII0000000Gt....t»IIeg.Park ~ActICJrIOcIIß:I.~·Tð1oII- _"""""" CoIIomo_oI...."""c:a.ny rnu D. Phûn ~ GMIeft" ReIIOradon s.a aara Cow1ty~ DtpMmInI .....D._ ....CIo<aCounlyP...._ dUQUIM ~ MuIiUn Clyol San JoM/PoItuøueø QwÑMf cI ComI'nM'C4! __ Clyol.....ao..¡sc....a_eo.-tJum It,..AuociIdIon PIrw ~ AøocIICon/--' hfkI ølœnCUbnl ~ Garden & P\Ua MøIcM H~ Ci.Jrpcndon ulan Bania aara dt AItII PrttatelndMctull ITAI. ...... ........ "- ....... 0.71' 277,167 ......, 120,IlOO ...... 27.... 7.... ...... 3t,350 125,000 """.... ...... 100.... 150,000 40.'" $1.34'.65 c...ru.øw - ....... SO,7t' 310.... ....... 675,,145 _,145 ,'7,145 624,845 ....... 70'.... ....... 1,021,285 1,051,215 1,15''- 1,301__ 1,341þ5 r..... P.... "" ... ... ... ... ... ... 302 ... 335 335 ... ... 27. 220 '02 ...,. - - , YN 2 YN 2 TN . YN 6W/~ . TN 7 YN ... OW/_ to V. 10 v. 12 W/condlloN 13 W/CCII'ICRIoM 14 WfcoitdUotts 11 W/condlllonl ,. .. HHC - ....... ...... ...... ...... ...... ,..... 27.... · ...... ...... 81.000 ...... ,..... · ...... · ........ ."" /ó-s/ mSTORICAL PROJEcr PROPOSAL QUESTIONNAIRE County of Santa Clara Public Services Agency Parks and Recreation Department Name of Project: McClellan Ranch Park Historic Structures Assesssment Date: January 15, 1993 Amount: $15.000 Contact Person: Judith Carson-Croes Telephone: 408/973-1495 1. Brief narrative explaining the proposal, expenditure and a description of the benefits to the proposal be funded: purpose of the be derived should This proposal is being submitted by the McClellan Ranch Park Advisory Committee, a volunteer community group established by the City in its commitment to devise a master plan for the park site in keeping with its Nature and Rural Preserve status (Ordinance No. 710, January 5, 1976). (See Appendix A - Ordinance 710) This group is responsible for planning McClellan Ranch Park site only. Objective The objective of the project is: To assist in efforts to preserve the historic nature of McClellan Ranch Park by obtaining a professional assessment of historic and architectural significance of the buildings (including a ranch house, a horse barn, a tank house, and a milk barn). History of McClellan Ranch Park The history of the ranch includes its close proximity to the encampment of Juan Bautista De Anza in 1776, its settlement by Elisha P. Stevens in 1844 - 1850, and its settlement site of early resident, William Taylor McClellan, who helped establish some of the first schools in the area. (See Appendix B - History of McClellan Ranch Park) Project Scope The scope of the project includes contracting the professional services of an historic consultant. an architect, and an engineer. to conduct an assessment of the structures. The assessment report would include a chronology of the buildings, dates of construction and any alterations: research into the ownership and use of the site over a 130 year period (1840 - 1970), the families' lives as they reflect the changes in Cupertino and Santa Clara Valley: and. an architectural and restoration plan for the historic structures. (See Appendix C - Scope of Work) Although the structures are maintained (windows repaired, painted, etc.). no attempt has been made to preserve or restore them. The ranch house was improved for tenancy in 1991 but has not been assessed for historic or architectural preservation needs. /6-5~ Project Benefits The completion of this assessment would fulfill objectives in the master plan, soon to be presented to the Parks & Recreation Commission and City Council, by the McClellan Ranch Park Advisory Committee (See Appendix D - McClellan Ranch Park Master Plan, Goal IV, Objective I & 2) Goals and objectives of this plan were approved by P & R Commision in 1991. This project would provide the basis for further work on the historic structures to not only rehabilitate them, but to make them useable for community history programs, cons.istent with the mission of the Ranch Park, which includes, .....to expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation." Currently, the average daily attendance of the park is 40 visitors, most of those visiting the Nature Museum located on the property. Special events held 2-3 times per year, such as a living history program, Harvest Day at McClellan Ranch, and Santa Clara Valley Audubon Free Education Day (both cooperative programs between the City of Cupertino and nonprofit organizations) draw an average of 100-200 visitors at each event. The current programs primarily attract children, K-6, although adult and senior visitors also visit the park. The programs that will be implemented as a result of the completion of this assessment project and following building restoration, as needed, will increase its markets for children, adults, and seniors, as well as targeting the diverse cultures of the community. Some of the programs included in the plan that will specifically make use of the historic buildings are farm and ranch demonstrations in the horse barn, family days of natural and social history of early Cupertino, early and current dairy farming techniques using the milk barn. county-wide architectural history tours of tank houses and ranch buildings, a permanent historical exhibit in the ranch house: "historic jobs" apprenticeship training for youth and adults in cooperage, blacksmithing, farming, winemaking among others. The project would also provide much of the needed information to apply for historic designation status, further protecting the structures. The scope of this project does not include parking needs, or other improvements to the site. exclusive of those specific to the historic structures. 2. Description of location is project located within the parks and recreation element of the County General Plan? Attach a site map of project location. Note the general section of the County- east, west, north, or south, wherin the project is located. McClellan Ranch Park is located within the City of Cupertino, County of Santa Clara, at 22221 McClellan Rd. It falls within the western section of the county. (See Appendix E - Site Maps and Photos) /õ -53 3. Description of relationship to regional park function - state the facts supporting how the project may be considered for park purposes. McClellan Ranch Park is an unmatched resource for Santa Clara County. Its site history, the historic structures. the layout of stream, fields, and fann all lend themselves to educational programs that highlight the county's agricultural heritage. It also is protected as a nature preserve and provides the unique opportunity to combine the historical with the environmental in its educational activities. Having the historic structures assessed and then restored for preservation and use would open the ranch up for the enjoyment and learning of the residents throughout the county. 4. Who will provide on.going maintenance. How will it be funded and at what intervals will it be provided. The City of Cupertino currently provides the ongoing maintenance of the park. The allocation is on an annual budget basis. The Department of Public Works and the Department of Parks and Recreation will continue to provide maintenance and oversight. 5. Enclose budget and percent of total project will be available and completed. listing of other funding sources and their cost. Include expected timing that funds the date the project is expected to be This project is a component of a larger effort on the part of the McClellan Ranch Advisory Committee and City of Cupertino to protect and utilize this site. Funding for subsequent components of the plan have yet to be identified. This specific project. upon notification of approved funding, will commence in June 1993 and conclude in September 1993. (See Appendix F - Budget) 6. Ownership of property McClellan Ranch Park was purchased by the City of Cupertino in September 1972, with some funding assistance from The Department of Housing and Urban Development. 7. Responsible party: indicate approvals required and the names of person(s) who will sign agreement and who will be responsible to see that project/program is accomplished and that funds are used in accord with approval by Board of Supervisors. The Cupertino City Council has ultimate responsibility for the project. The staff person responsible for signing the agreement and for overseeing the project is the Director of Parks and Recreation, Stephen G. Dowling. The individual who will act as project coordinator and liaison between the McClellan Ranch Advisory Committee. the contractors. the City. and the Commission, is Judith Carson-Croes. Ms. Carson-Croes currently is a member of the McClellan Ranch Park Advisory Committee and the Director of the Cupertino Historical Society Museum, a private non-profit 501 (c)(3) organization. I ó -Stf The Cupertino Historical Society. vvhich vvill act in an advising capacity. has been involved in museum and historical preservation projects since its founding in 1966, including participating in the Heritage Resources Inventory project, 1979. The McClellan Ranch Advisory Committee, which is spearheading this project, is composed of five community volunteers and two City staff (The Recreation Supervisor and the Naturalist at McClellan RanchL The City of Cupertino is self-insured through the Association of Bay Area Government (ABAG) and does carry liability insurance. The county may be named as an additional insured on that policy. 8. Historical Project Agreement The Director of Dowling, and the agreement. None problematic. Parks and Recreation of the City of Cupertino, Stephen G. Committee liaison, Judith Carson-Croes, have read the of the provisions of the agreement are considered 9. Enclose support of any this additional information project proposal. you wish to provide in Supplementary information is included in Appendices previously cited. 10. Listed on County Heritage Resources Inventory? Listed on Inventory, p.19. Also, the tank house now at McClellan Ranch Park, is part of the EJ. Parrish house. Parrish site (Stevens Creek Blvd and Mary Ave) is listed as a point of local interest. Site of De Anza encampment, which is close to McClellan Ranch, is listed as a California State Historical Landmark. II. Date submitted_______ Signature of Approval __________ Member, McClellan Ranch Advisory Committee, Director, Cupertino Historical Museum Director, Department of Parks and Recreation City of Cupertino 12. Approved by: ------------------------------- 13. Approved for legality: __________________ 14. Approval date by the Historical Heritage Commission --------- APPROVED BY TIIE COUNTY BOARD OF SUPERVISORS: DATE: /()-55 MCCLELLAN RANCH PARK HISTORIC STRUerURE PROmer PROJECfED BUDGET Item Contract services for historical assessment of structures and site of McClellan Ranch Park Includes: background research, use and ownership search, compilation of sources for bibliography, development of significance statements for each building, coordination of project with city, liaison, architect, and others Contract services for architectural assessment of structures Includes: Dating of structures, architectural drawings, construction analysis of buildings, chronology of construction and alterations, recommendations for work necessary for stabilization of buildings, and recommendations for applicable use of structures Professional services from project coordinator Includes: Incidentals of copying, FAX, meetings, other TOTAL $5,000.00 $9.200.00 $800.00 $15,000.00 to-SIp McClellan Ranch Park Use Current Potential Annual Use Annual Use. Cupertino Environmental Center Drop-in visitors Number of meetings Persons attending meetings Number of special events Persons attending special events (Audubon Education Day, Bird Seed Sale, Annual Dinner, etc) Nature Museum Number of school programs provided by ~tlme Naturalist Persons attending school programs Number of school programs provided by docents Persons attending docent-led programs Number of self-supporting nature ciasses Persons attending self-supporting nature ciasses 2,250 102 1,053 5 485 5,000 260 3,125 20 1,900 Blacksmith Shop Number of blacksmithing demonstrations Persons attending blacksmlthing demonstrations Persons visiting blacksmith shop exhibits 48 70 1,563 2,225 0 125 0 4,000 41 75 332 900 7 125 430 3,000 0 3,000 32 40 193 240 200 250 68 68 177 177 3 12 90 200 2,500 5,000 0 260 0 6,500 0 4,000 12 20 800 3000 200 400 SumlTler Camp Programs Number of days used as camp site Persons attending 2-week camp sessions Persons attending special camp events Community Gardens Number of garden plots Gardeners Number of garden-related special events Persons attending special events Preserve Trails and Open Areas Hikers, photographers, birders, etc. Simms House Number of meetings of non-profit or business groups Persons attending meetings Persons using basement wet lab 4-H Area Membership use of fann Public tours of fann Volunteer hours for maintenance 10-57 Other Historical Programs Persons attending HSlVest Day Persons attending other family programs Persons attending school or community historical programs, tours or classes Persons visiting historical exhibits (Milkbam, Big Bam, Pump Houses, or Ranch House) 90 o o 200 600 3,500 o 2,000 . These projected figures are based on the implementation of the plans listed in the Site Use Plan. According to a 1991 survey of elementary school teachers (K-8) in C.U.S.D., all grades from 2 through 8 schedule class tours to local historical museums, cultural centers and historic sites, from one to three times per year. With classes averaging 30 students each. a projected potential audience from the 18 elementary schools in the district would be 3,500 - 4,000 per year. During the 1991-1992 school year 599 students from private preschools and elementary schools attended nature programs at McClellan Ranch Park. _.... /D~58 RESOLUTION NO. 04-259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO EXPRESSING INTENT TO ENTER INTO A LONG-TERM, NO-COST LEASE WITH THE CUPERTINO HISTORICAL SOCIETY TO OCCUPY AND MANAGE HISTORIC STRUCTURES WITHIN THE STEVENS CREEK CORRIDOR UPON ACHIEVEMENT OF FUNDRAISING GOALS WHEREAS, the City of Cupertino conducted a communitywide visioning exercise to plan for the future use of its properties in the Stevens Creek Corridor; and WHEREAS, there was community consensus that the area was important for historic interpretation, with special note given the Stocklmeir site and the historic buildings at McClellan Ranch Park; and WHEREAS, the Stocklmeir house was fonnerly the home of Louis Stocklmeir, the founding father of the Cupertino Historical Society, and the Cupertino Historical Society desires to renovate the house for historical purposes; and WHEREAS, consistent within the McClellan Ranch Park Master Plan, the Cupertino Historical Society desires to renovate the barn and blacksmith shop; and WHEREAS, the Cupertino Historical Society's Board of Directors is ready to move forward on a capital campaign to raise funds to renovate these structures; and WHEREAS, commitment rrom the City Council that the Cupertino Historical Society will be allowed to renovate, occupy, and manage these facilities for community purposes is essential to the success ofthe capital campaign; and WHEREAS, the Cupertino Historical Society intends to raise the necessary funds over a three to five-year period rrom commencement of the capital campaign. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Cupertino hereby states its intent to lease the Stocklmeir property and the large barn and blacksmith shop at McClellan Ranch to the Cupertino Historical Society for a period of twenty (20) years with a 10- year extension at no cost contingent upon completion of a capital campaign to raise funds to renovate the facilities, and upon presentation and approval by the City Council of a management plan that makes these facilities available to the public. Should the campaign be successful in raising funds for a single structure, the Cupertino Historical Society would then request the authority to move forward with a first-phase renovation in order to build momentum for the Center for Living History. BE IT ALSO RESOLVED that the City Council expresses its support for the Cupertino Historical Society's efforts to create the Center for Living History in Stevens Creek Corridor Park. /6 - Sc¡ , ~~ i'o, ; \1 í " I , i} tJ C . ' V~I , i -' I ", . L " 8nag 1: Y' , ! .-' '\ .' \ '" , , !c " ) \ , , ij 1/ , ' Blrc~beF;y , ~( L)Falm I,: ': 'Golf):¡:o~r~ê 1\ ("\' > j' , Hole ~ _ '-_.-" l,i ¡ l, I) I -, \ Hula! I l~, 'IJb;r I - , ~- ,I"~ ""-1 1"'8" ¡ I I , '(" ì ,-, , ' 1- ¡ ~ /,j () 'L í , " ( .J , / / / ~" oi" I~ ~ .-+ nl¡,¡~n"O rt-,¡-. " \ -----, Legend [8 Mu!lj-Use Sheller '.···'1·.·...'("";\ :.;}.}i~ß~:¡ ::~::~.?@ Proposed Restoration Area LJ Existing Golr Course Playing Areas Existing Golf Course Greens .þJ. Proposed Pedestrian! Bike Bridge Slevens Creek Channel (low flow) "-j - Proposed Bike/Ped Trail -- Existing Nature Trail l Proposed Fence Around Picnic Area '-" ~'" Exìsting Tree Canopy ~~ Historic Meander Restoration High Flow Channel/ Seasonal Wetland ~~-Øf<~Si5 Pool and Riffle Restoration I L l ( '---, Monta Vista High School T .-.., ~ '(10 ':111 200 "'" ..., NORTH ~ 'I c·..., 1 inch'" 100 ft. -' //--- Hl 0. ~ / , ( ("ï ; if: (-"\,'-' ) (í I, ) I. \) : ,\: J~oI.1:\ " l J <: :),~~, \ -'~(ç ~1':", ,.,",\ " I CJ C-") ;"'-....) " (" l I )\! l ~ \, ,-. i )- ,.- ,/ r ) ( \, ,~ ,/ -, \ ---------- Legend bJ Multi-Use Shellar .:~~~ ~~!-t'i"'§ Proposed Restoration Area LJ Exislíng Golf Course Playing Areas Existing Golf Course Greens )~J. Proposed PedestrIan! Bike Bridge í'" Stevens Creek Channel -~-- (low flow) - Proposed Bike/Pad Trail -- Existing Nature Trail l Proposed Fence Around PicnIc Area Existing Tree Canopy ~8s Historic Meander Restoration High Flow Channell SeasonalWeUand $?~ Pool and Riffle Restoration '- .,----------, Manta Vista High School T GRAPHIC :5c:;.r.1 c 19<1 I!!O ,00 ).XI ~ '..... = J ,,,-) I inch := 100 ft.. ORTH /~ / -....,'. J~l / 0... ~ /~//~ " Legend . 1C7I d Multi-Use Shelter ,/ 1,- , i , , ;¡ , :'/:,; ~¡ .' \, [¡:.:j~"¡.f~'1~{'~ .\",\,~"J, .,,~,. Proposed Restoration Area -"', , , i f I. ! \ , CJ Existing Golf Course Playing Areas Bridg!! s,-- u \._ ';";1 \\ i n l \" ~.. ',?::> '\ l, Existing Golf Course Greens f"' "1 f\ ~l' I (í J / ¡ ,.' ~ \. I" (-"L. ti;1t;<\ \./ -..,.../~' "irk, )do Proposed Pedestríanï Bike Bridge /~ Stevens Creek Channel .~.------- (low flow) ~- Proposed Bike/Ped Trail .-- Existing Nature Trail l Proposed Fence Around Picnic Area Existing Tree Canopy ~ Historic Meander Restoration High Flow Channell Seasonal Wetland Pool and Riffle Restoration i~~l1 _f/\' L'''' \c: \ ( \ '¡ \ ;' BlíJe~bEìrry I", o F' , \ '- I' ",rrp \ \..) « GdILG:our5;ê I, - . ,I / \ , ' ;'··."HUIC2-.¡ ,,'--\ '- " i \..__::.1 ¡/ \ L~)) ,~ , r-' / (.j 8nÓQØ---....,>_. Large Picnic Area t::, Accommodating~ 800 Persons (~_../ ________ i r- -' ~, // '1// , r New Pool /n and Riffle / Restoration - EI<1II'r1gTl"ge canQPY] II f ~~ / L.,; I) , \ ,/ ì " Manta Vista High School T I1lUJ'mCSCH!: ORTH o ,ÇiQ '~NO :¡oo ~- " (-'-1 I inch = 100 ft. = I ,/ï Neighborhood Access Bicycle and pedestrian access from the neighborhoods is not on tonight's agenda The Parks and Recreation Commission will take up the issue of neighborhood access points at future meetings with police and fire, and will make a recommendation to the City Council Decisions East or west side trail alignment Whether the trail is multi-use or not The capacity of the Blackberry Farm picnic area When the park project should commence Whether the Blackberry Farm Fund balance should be transferred to the project account East or west side trail alignment Staff recommends: An east side trail alignment (as illustrated on all the alternative plans) with a 100-foot setback from the Meadows property line Whether the trail is multi-use or not Staff recommends: An unpaved, multi-use trail along the east side of McClellan Ranch, preserving the meadow and keeping traffic as far from the creek as possible The project budget will need to include the reconstruction of the 4-H pens ¡fthe east side alignment is selected Plan B? Ban bicyclists or remove the trail The trail will be unpaved The capacity of the Blackberry Farm picnic area Staff recommends: Blackberry Farm to operate 800-person maximum capacity with 300 parking spaces Staff to manage parking with shuttles as necessary · This alternative preserves both riparian restoration options When the park project should commence Staff recommends: · The project to commence in 2007, to meet a grant funding deadline · This means Blackberry Farm will operate as it has for two more seasons: 2005 and 2006 Whether the Blackberry Farm Fund balance should be transferred to the project account . Staff recommends: . Transferring $680,000 from the Blackberry Farm Fund balance to the project budget CITY OF CUPEIQ1NO 10300 T orre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Conununity Development Department SUMMARY Agenda Item No..!!.. Agenda Date March IS, 200S SUMMARY: Consider Application No.(s) ASA-200S-03; Michael Rohde (Vallco Shopping Center); 10123 & I01S0 N. Wolfe Road APN(s): 316-20-037, 316-20,038 a) Consider architectural and site review for a previously approved use permit for 204 residential units, 10S,300 square feet of new retail space and a parking structure RECOMMENDATIONS: The Planning Commission recommends approval of: 1. The architectural and site approval, file no. ASA-200S-03, in accordance with Planning Commission resolution no. 629S. BACKGROUND: The City Council approved the use permit (U-2004-10) for Vallco Fasmon Park's "Rosebowl" site at its October 6, 2004 rneeting. The use permit required that certain design elernents receive final approval from the Planning Commission and City Council. Those elements are listed in Exmbit A, enclosed. The proposed retail buildings north of Vallco Parkway, consisting of 36,320 square feet, will not be reviewed as part of tms application because the square footage was vested in the Development Agreement (DA). These buildings will be reviewed by the Director of Community Development as provided in the DA. The Plan Set is organized into two sections. The second section provides more precise details of the site plan and arcmtectural features than the first section, and offers several changes, such as greater articulation, to the plans, as requested by staff. DISCUSSION: In addition to providing rnore details for this application, the applicant has changed several aspects of the approved plan, wmch are summarized below. Please see the Planning Commission staff report for greater detail. Overall architectural concept: The overall look of the building has changed from numerous vertical changes in façade design to "three major blocks with each of the three blocks utilizing slightly different detailing and colors." The new design includes interesting architectural details such as cornices, reveals, design interest at the driveway Printed on Recycled Paper JI- f ASA-2005-03 March 15, 2005 Page 2 entrances, decorative balconies and recessed windows. Further design review will be needed for the retail facades as future tenants are secured, and for additional design elements on the base of the east elevation. Relationship of the parking garage to the residential units. The use permit plans provided an open interface between the parking garage and the residential units. The new plans improve the design by eliminating the townhouses that abutted the garage and close off the garage from the residential units. Design feature at corner of Wolfe Road and Val/co Parkway: The forrner ellipse at the corner of Wolfe Road and Valko Parkway has been replaced with an octagon-shaped feature. Further design work will determine the height of the tower and will explore options to provide greater architectural interest, as recommended by the Architectural Advisor. Courtyards: A condition of the use perrnit approval required that the size of the courtyards be increased by eliminating four units on each level for a total of 12 units. The twelve units may be relocated, and the new location shall be approved in the final design view." The residential units and courtyards were reconfigured to provide larger and more usable open space areas, and the units were shifted to a fourth residential floor as discussed in the following height section. Setbacks: The north Valko Parkway setback was increased from approximately 12 feet to 19 feet. There is a larger setback of 35 feet at the market frontage. The Wolfe Road setback was increased from 40 feet to 52 feet. These are positive changes. The rear setback (maxirnurn) was reduced from 60 feet to 55 feet; the east side was reduced frorn 40 feet to 35 feet. Staff considers these minor and has no problem with thern. Square Footage and Unit Mix: The square footage of the proposed mixed-use building has increased: the approved use permit allowed 381,540 square feet and the current proposal is for 465,070 square feet. The retail and parking areas have increased. The one and four bedroom units have been eliminated, and the three bedroom units reduced with a corresponding increase in two-bedroom units. The difference in unit types is as follows: Previously Approved Revised Unit Type lBR 2BR 3BR 4BR 33 121 48 2 o 165 39 o II~;}. ASA-2005-03 March 15, 2005 Page 3 The one-bedroom units were eliminated since the applicant feels they do not provide an opportunity for a family to grow in the unit, and they don't have amenities such as a study or guest room. Height: The increase in parking and retail square footage, greater setbacks and number of bedrooms and the relocation of the townhome and courtyard units have contributed to an increase in building height. Exhibit B shows the heights reviewed as part of the use permit. While some of the heights have increased significantly, staff believes they are acceptable for the following reasons: · Height increases resulted from implementing City Council direction to relocate units and increase the size of the courtyards. This direction, as well as increased setbacks, contributed to locating units on a sixth level. · Greater heights on the north elevation (sheet 15) provide enhanced architectural interest; sorne areas have been reduced in height. Most of this frontage is kept to a height of 57 feet or less. · Increased heights on the south elevation are confined to the ends of the building. The height is reduced in the middle (garage area) that is located directly behind the Menlo Equities Building. Sheet 3 outlines the garage area with a dashed line, and shows the relationship of the garage to the Menlo Equities development. The applicant will provide additional information about height changes at the meeting. Landscaping Tree removal and protection: A condition of approval for the use permit states: All trees and landscaping in the existing parking lot area may be rernoved. The outer row of ash trees on Wolfe Road shall be retained. The inner row of ash trees may be rernoved if necessary due to disease and will be replaced. Replacement trees, type and size, shall be determined in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. Tree #106 of the tree inventory, shown to be removed, shall be retained. Cupertino's consultant arborist, Barrie Coate, provided an updated assessment of tree removal and protection (Exhibit C). All of the outer row of trees on Wolfe Road will be retained, except that one ash tree (#153) that was approved for removal to provide access to the south portion of the project and to allow fire truck access. (See sheet 26 of the plan set for the location of tree #153.) Regarding the inner row of trees, the arborist advises that trees 104, 107, 110, 111 and 115 need to be removed to provide fire access. Although not specifically stated in his report, Barrie Coate stated on site and confirmed to staff that the initial reason for recommending removal of these trees is due to poor health and structure. The fire department confirrned that they have adequate access with the removal of these trees. This leaves trees 106, 108, 109113 and 114, which /I~3 ASA-200S-03 March 15, 2005 Page 4 partially retain the desired double row of trees. Additional trees are proposed on the landscape plan along the Wolfe Road frontage. A condition of approval requires that three of them be an appropriate ash tree replacement, such as American ash, planted in the ground. Public Art: Two water features are shown near the Wolfe Road¡Vallco Parkway intersection (sheet 28). Details of these features shall be approved by the Director of Community Development. An additional public art feature near the intersection shall be approved by the Director of Community Developrnent. Other Crosswalk design: The crosswalk design was not included with this application; it shall installed prior to final occupancy and shall either be approved as part of the cinerna application or by the Director of Community if the cinema is not approved in time. A condition of approval is proposed to that effect. Responses to comments: The applicant's remaining responses to the Architectural and Site Design conditions are found on sheet 02 of the plan set. Planning Commission The Planning Commission recommended approval of the project on a 3-1 vote, with Commissioner Chen dissenting and Commissioner Giefer absent. Commissioners supporting the application commented that it provides economic development for retail growth and provides housing opportunities, particularly below market rate units. Commissioner Chen did not support the increased height resulting frorn the increased square footage. The Commission directed the applicant to present additional information to the City Council on the connections between the adjacent sites and this project and on circulation, particularly as it relates to freeway-bound cars leaving the parking garage. The applicant was also asked to consider reinstating some one- bedroom units. In response to a public comment, several commissioners expressed concerns about public noticing for this application. Notices weremailedtoadjacentproperties.as required by the municipal code for architecture and site approval applications. Notices for the previous meetings for the use permit used a 1000 foot radius of the Rosebowl site for the Planning Commission meeting and a 1/2 mile radius for the City Council meeting. The Planning Commission directed that there be more extensive noticing for this City Council rneeting. Notices of the City Council meeting, which include a rendering of the project, were mailed Wednesday March 6 to residents within % mile of the perimeter of Vallco Fashion Park. Email notices are being sent to several emaillists, such as people who have asked to receive Planning Commission and City Council agendas, and mernbers of the General Plan Task Force. Also, the plan set will be available on the City's website. /(-'1 ASA-2005-03 March 15,2005 Page 5 Public Comments from two speakers included concerns about removal of two lanes for parking on Valko Parkway, parking for the cinerna in the Rosebowl garage, new heights, ash tree protection, change in unit types, turning movements into the garage, and public noticing. Enclosures: Planning Commission Resolution Nos. 6295 Planning Commission Staff Report March 8, 2005 Exhibit A: Architectural and Site Design Conditions Exhibit B: Approved Use Permit North and South Elevations Exhibit C: Arborist Report Exhibit D: Previous Courtyard Plan Plan Set by: Ciddy Wordell, City Planner Approved by: }p Steve Piase i Director of Community Development David W. Knapp City Manager G:planning/ pdreport/ ee/ ASA-2005-03 CC SR /1- 5 ASA-2005-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6295 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING ARCHITECTURAL AND SITE APPROVAL FOR A PREVIOUSLY APPROVED USE PERMIT FOR 204 RESIDENTIAL UNITS, 105,200 SQUARE FEET OF NEW RETAIL SPACE AND A PARKING STRUCTURE LOCATED AT 10123 & 10150 N. WOLFE ROAD SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: ASA-2005-03 Mike Rohde (Vallco Shopping Center) 10123 & 10150 N. Wolfe Road SECTION II: FINDINGS . WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on tills matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of tills chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elernents that compliment neighboring structures; 4. The proposal conforms with the design guidelines and standards of the Heart of the City Specific Plan; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exillbits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in tills Resolution beginning on page 2 thereof; and 11-' Resolution No. 6295 Page 2 ASA-2005-03 March 8, 2005 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2005-03 set forth in the Minutes of the Planning Commission meeting of March 8, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled: "Valleo Fashion Park, Rose Bowl Site, Cupertino, California" dated 3/8/05 and consisting of 55 sheets, except as may be amended by the conditions contained in this approval. 2. ADDITIONAL DESIGN REVIEW Additional design review is required, to be approved by the Director of CommuIÚty Development: · Retail facades - Design Review Guidelines shall be prepared by the property owner and approved by staff prior to any individual tenant changes. Design guidelines shall include the requirernent to inset sorne of the store entranceways and to use high quality materials. Material choices shall be flexible regarding use of manufactured or natural stone. Individual tenants plans shall be approved by staff to ensure conformance with the Design Guidelines. · Additional design elements shall be included on the east elevation to provide interest at the base, such as murals, rnosaics or planters. · Further design work is needed on the tower to provide more interest, in consultation with Cupertino's consulting architect. · FiIÚsh details shall be further evaluated. For example, window lintels and sills shall consist of hard-troweled foam or similar treabnent. · Details of the water features and an additional piece of public art at the corner of Wolfe Road and Vallco Parkway shall be approved and installed prior to final occupancy. · The crosswalk design shall be approved as part of the cinema application or by the Director of Community Development, if the cinema is not approved in time to ensure installation of the crosswalk prior to final occupancy. · A sign program is required. 3. MATERIALS The final materials shall rneet or exceed those shown on sheet 21 of the plan set. 4. LANDSCAPING The location, size and type of three replacement trees for the ash trees that are removed shall be approved by the Director of CommuIÚty Developrnent and installed prior to final occupancy. They shall be added to the inner row of trees Wolfe Road. Substitution of !f~Î Resolution No. 6295 Page 3 ASA-2005-03 March 8, 2005 other trees shown in the landscape plan may be required to ensure adequate screening or other identified needs. 5. CIRCULATION The circulation plan, including velùcle and pedestrian movements, medians and curb treatments shall be further evaluated. Minor amendments by the Director of Corrununity Developrnent may be made if needed. PASSED AND ADOPTED tlùs 8th day of March 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Saadati, Vice-Chair Miller and Chairperson Wong COMMISSIONERS: Chen COMMISSIONERS: COMMISSIONERS: Giefer ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Corrununity Development /s/ Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission G:\P1anning\PDREPORT\RES\ASA-2005-03 res.doc //-ð' CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Location: ASA-2005-03 Agenda Date: March 8, 2005 Mike Rohde (Vallco Shopping Center) 10123 & 10150 N. Wolfe Road Application Summary: Architectural and site approval for a previously approved use permit for 204 residential units, 105,200 square feet of new retail space and a parking structure. RECOMMENDATION Staff recommends the Planning Commission take the following action: . Recommend approval of ASA-2005-03 subject to the model resolution. BACKGROUND The City Council approved the use permit (U-2004-l0) for Vallco Fashion Park's "Rosebowl" site at its October 6, 2004 meeting. The use perrnit required that certain design elements receive final approval frorn the Planning Commission and City Council. Those elernents are listed in Exhibit A, enclosed. The proposed retail buildings north of Vallco, an additional 36,320 square feet approved in the use permit, will not be reviewed as part of this application. They do not need to be reviewed now, even though they were part of the approved use permit, because the square footage was vested in the Development Agreement. Therefore, these buildings will be included in the cinerna project that will receive architectural and site approval by the Director of Community Developrnent. The Plan Set is organized into two sections. The first section is "sketchier" than the second section. The second section provides more precise details of the site plan and architectural features, and offers several changes, such as greater articulation, to the plans, as requested by staff. DISCUSSION In addition to providing rnore details on architecture and landscaping for this application, the applicant has changed several aspects of the approved plan. These changes are discussed below. Overall architectural concept: A new architectural firm was hired by the applicant to complete the more detailed site and architectural plans. The overall look of the building has changed frorn numerous changes in façade design to "three major blocks with each of the three blocks utilizing slightly different detailing and colors." (see Sheet 02 A. of plan set.) Staff supports this design concept as long as /I~q ASA-2005-03 2 materials, detailing and articulation provide adequate interest and quality. The elevations depict cornices, reveals, increased design interest at the driveway entrances, decorative balconies and recessed (4 inches) windows. Further design review will be needed for the retail facades as future tenants are secured. Design guidelines shall be prepared by the property owner and approved by staff prior to any individual tenant changes. Design guidelines will include the requirement to inset some of the store entranceways and to use high quality materials such as natural stone. Individual tenant plans will also require staff approval. A condition of approval is proposed to that effect. Further design changes were to be explored to provide rnore interest and detail for the east elevation (sheet 02). Staff believes more work is needed on this elevation due to the large, uninterrupted base. A condition of approval requires additional design elements to provide interest at the base, such as murals, mosaics or planters. Relationship of the parking garage to the residential units. The use permit plans provided an open interface between the parking garage and the residential units. The new plans improve the design by eliminating the townhouses that abutted the garage; the new plans close off the garage' from the residential units. Ellipse at corner of Wolfe Road and Valleo Parkway: There is a new design concept for the former ellipse at the corner of Wolfe Road and Valko Parkway. The current proposal is for an octagon (roughly) tower, with the first two levels serving as an atrium for the retail use and the rernaining levels as a view area for the residential use. This is a better concept than the earlier proposal. One issue is the height of this feature (see sheet 17). A taller tower is preferred, in order to provide a stronger focal point, but it would intrude into the required 1:1 setback line. The Rosebowl Design Guidelines, which are vested in the Development Agreernent, state that the "building areas above street level may be enhanced with clock towers, banners, flags, or change of materials to create design interest." Staff considers the higher tower an enhancernent; a condition of approval requires further design work on the tower to provide rnore interest. Courtyards: A condition of the use permit approval required the size of the courtyards to be increased by eliminating four units on each level for a total of 12 units. The twelve units may be relocated, and the new location shall be approved in the final design view." The residential units and courtyards were reconfigured to provide larger and more usable open space areas. The use permit approved courtyards with a total of 23,850 square feet (see Exhibit D). The new courtyards have a total of 24,820 square feet (including the fitness center, see sheet 08). The widths and lengths of the new courtyards provide greater distance between units and more usable space than the earlier plan. If ~/ () ASA-2005-03 3 Setbacks: The north setback was increased from 12 feet, for the most part, to 19 feet. There is a larger setback of 35 feet at the market frontage. These are positive changes. The rear setback (maximum) was reduced from 60 feet 0 to 55 feet; the east side was reduced frorn 40 feet to 35 feet. Staff considers these minor and has no problem with them. Square Footage and Unit Mix: The square footage of the proposed mixed-use building has increased: the approved use permit allowed 381,540 square feet and the current proposal is for 465,070 square feet. The retail and parking areas have increased, and the number of two-bedroom units has increased. The difference in units types is as follows: Previously Approved Revised Unit Type IBR 2BR 3BR 4BR 33 121 48 2 o 165 39 o One-bedroorn units have been eliminated; they have not been popular in recent projects because they do not provide an opportunity for a family to grow in the unit, nor have a study or guest room. School impacts have not been analyzed based on number of bedrooms, but on whether a project is single or rnulti-family. Therefore, staff does not have a problem with the unit mix. Height: The increase in square footage and number of bedrooms has contributed to an increase in building height. Exhibit B shows the approved heights as part of the use permit. While some of the heights have increased significantly, staff believes they are acceptable for the following reasons: . Greater heights on the north elevation (sheet 15) are limited to provide architectural interest, for the rnost part; some areas have been reduced in height. Most of this frontage is kept to a height of 57 feet or less. . Increased heights on the south elevation are confined to the ends of the building. The height is reduced in the middle (garage area) that is located directly behind the Menlo Equities Building. Sheet 3 outlines the garage area with a dashed line, and shows the relationship of the garage to the Menlo Equities development. Loading Dock: An additional loading dock is shown on the southeast elevation, indicated for residential only). Since this area is enclosed and will be only be used for moving in and out and large deliveries, staff is not concerned about its proximity to the Menlo Equities development. If -/ I ASA-2005-03 4 Landscaping Tree removal and protection: A condition of approval for the use permit states: All trees and landscaping in the existing parking lot area may be removed. The outer row of ash trees on Wolfe Road shall be retained. The inner row of ash trees may be rernoved if necessary due to disease and will be replaced. Replacement trees, type and size, shall be determined in conjunction with a detailed landscape plan to be reviewed by the Planning Commission and City Council. The tree size shall be the largest commercially available with a preference for field grown or a minimum 48 inch box. Tree #106 of the tree inventory, shown to be rernoved, shall be retained. Cupertino's consultant arborist, Barrie Coate, provided an updated assessrnent of tree removal and protection (Exhibit C). All of the outer row of trees on Wolfe Road will be retained, except that one ash tree (#153) will need to be removed to provide access to the south portion of the project and to allow fire truck access. (See sheet 26 of the plan set for the location of tree #153.) The arborist advises that trees 104, 107, 110, 111 and 115 need to be removed to provide fire access. Although not specifically stated in his report, Barrie Coate stated on site and confirmed to staff that the initial reason for recommending removal of these trees is due to poor health and structure. The fire department confirmed that they have adequate access with the removal of these trees. This leaves trees 106, 108, 109 113 and 114, which partially retain the desired double row of trees. Additional trees are proposed on the landscape plan along the Wolfe Road frontage. A condition of approval requires that three of them be an appropriate ash tree replacernent, such as American ash, planted in the ground. Public Art: Two water features are shown near the Wolfe Road¡Vallco Parkway intersection (sheet 28). Details of these features shall be approved by the Director of Community Development. An additional public art feature near the intersection shall be approved by the Director of Community Development. Other Crosswalk design: The crosswalk design was not included with this application; it shall installed prior to final occupancy and shall either be approved as part of the cinerna application or by the Director of Community if the cinema is not approved in time. A condition of approval is proposed to that effect. Responses to comments: The applicant's remaining responses to the Architectural and Site Design conditions are found on sheet 02 of the plan set. Submitted by: Ciddy Wordell, City Planner If -I'd- ASA-2005-03 5 Approved by: Steve Piasecki, Director of Community Development Enclosures: Model Resolution (ASA-2005-03) Exhibit A: Architectural and Site Design Conditions Exhibit B: Approved Use Permit North and South Elevations Exhibit C: Arborist Report Exhibit D: Previous Courtyard Plan Plan Set 1(~/3 ASA-2005-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING ARCHITECTURAL AND SITE APPROVAL FOR A PREVIOUSLY APPROVED USE PERMIT FOR 204 RESIDENTIAL UNITS, 105,200 SQUARE FEET OF NEW RETAIL SPACE AND A PARKING STRUCTURE LOCATED AT 10123 & 10150 N. WOLFE ROAD SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: ASA-2005-03 Mike Rohde (Valko Shopping Center) 10123 & 10150 N. Wolfe Road SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or rnore public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvernents in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that cornpliment neighboring structures; 4. The proposal conforms with the design guidelines and standards of the Heart of the City Specific Plan; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testirnony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and /(-1'/ Resolution No. Page 2 ASA-2005-03 March 8, 2005 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2005-03 set forth in the Minutes of the PlanIÙng Commission meeting of March 8, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled: "Vallco Fashion Park, Rose Bowl Site, Cupertino, California" dated 3/8/05 and consisting of 55 sheets, except as may be arnended by the conditions contained in this approval. 2. ADDITIONAL DESIGN REVIEW Additional design review is required, to be approved by the Director of Community Developrnent: · Retail facades - Design Review Guidelines shall be prepared by the property owner and approved by staff prior to any individual tenant changes. Design guidelines shall include the requirement to inset sorne of the store entranceways and to use high quality materials such as natural stone. Individual tenants plans shall be approved by staff to ensure conformance with the Design Guidelines. · Additional design elements shall be included on the east elevation to provide interest at the base, such as murals, mosaics or planters.. · Further design work is needed on the tower to provide more interest, in consultation with Cupertino's consulting architect. · Finish details shall be further evaluated. For exarnple, window lintels and sills shall consist of hard-troweled foam or similar treatment. · Details of the water features and an additional piece of public art at the corner of Wolfe Road and Valko Parkway shall be approved and installed prior to final occupancy. · The crosswalk design shall be approved as part of the cinema application or by the Director of Community Development, if the cinema is not approved in time to ensure installation of the crosswalk prior to final occupancy. · A sign program is required. 3. MATERIALS The final materials shall meet or exceed those shown on sheet 21 of the plan set. 4. LANDSCAPING The location, size and type of three replacement trees for the ash trees that are removed shall be approved by the Director of Community Development and installed prior to final occupancy. They shall be added to the inner row of trees Wolfe Road. Substitution of other trees shown in the landscape plan may be required to ensure adequate screening or other identified needs. If-! 5 Resolution No. Page 3 ASA-2005-03 March 8, 2005 5. CIRCULATION The circulation plan, including vehicle and pedestrian movements, medians and curb treatments shall be further evaluated. Minor arnendrnents by the Director of Community Development may be made if needed. PASSED AND ADOPTED this 8th day of March 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission G:\ Planning\PDREPORT\RES\ASA-2005-03 res.doc / / -/ (p U-2004-10 EXHIBIT A 10 1. APPROVED PROJECT Approval is based on the plan set entitled: Valko Fasmon Park, Special Use Pennit Submittal Package, dated August 17, 2004 except as may be amended by the conditions contained in this approval. 2. ARCHITECTURE AND SITE DESIGN The project will require approval of the final design by the Planning Commission and City Council prior to issuance of building pennits. The applicant shall provide the following design clarifications and changes: · Architectural details, including materials and colors, for all buildings. Plans should include the use of reveals, roof cornices and varying roof fonns, projecting balconies, and the use ofmgh quality materials, e.g., stone. · Sidewalk, crosswalk and outdoor gathering area (including furniture) details · Building and street lighting · South elevation of Rosebowl parking garage: Further design changes shall be explored to create an attractive parking garage that interfaces well with the property to the south · East elevations of Rose bowl and Wolfe Road buildings: Explore further design changes to provide more interest and detail · Townhouses: revise townhouse architecture to provide a more residential feel and detailed features · Garage entrances on Vallco Parkway: provide interesting detail and materials, provide options to reduce width of garage entries · Courtyards: the size of the courtyards shall be increased by eliminating four units on each level for a total of 12 units. The twelve units may be relocated, and the new location shall be approved in the final design review. · Auto circulation adjacent to townhouses: demonstrate an attractive interface between parking structure and residences. · Ellipse feature at southeast comer of Wolfe Road and Vallco Parkway: applicant shall address how the residential units will deal with the extensive glass exposure. · Public art: identify locations and design of proposed public art, e.g., fountain, mosaic, sculpture · Circulation: provide a circulation plan to demonstrate how traffic will circulate during peak retail hours. · Pedestrian connections: incorporate pedestrian connections between the project and adjoining properties · Perimeter road at south property line: height of the road shall be minimized and the degree of ramp incline increased accordingly · Signs: a sign program shall be approved as part of the final architectural approval 3. LANDSCAPING A detailed landscaping plan shall be reviewed and approved by the Planning Commission and City Council prior to issuance of building pennits. Tree screening shall be provided adjacent to the south and east property lines. The plan shall include all in-ground and container landscaping. The choice of containers shall be shown. Maintenance of interior /(-/7 U-2004-10 11 landscaping areas, including courtyards, parking structure and residential flower boxes shall be ensured as part of the plan. A tree maintenance plan shall be included as part of the landscaping plan. 4. NOTICE OF FEES. DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice ofa 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 rrom later challenging such exactions. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, and other exactions, pursuant to GoverTIment 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. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2. 08. 096. Sincerely: Grace Schmidt Deputy City Clerk (!-IZ EXHIBIT B 0TOPI\R:APET -<-232"-01' 0~~;. 04thR.R ~ -- 2 ;-,----+- i I ~ ~. "-----~~ , ,... -.1=..-__.-'-'.-=-4- L , -- " _. ~ .,... - - ~ - - - MATERIAL LEGEND ~ - -- 1 SMOOTH FINISH EXTERIOR PLASTER 5 SMOOTH STONE VENEER 9 FABRIC AWNING 13 DECORATIVE METAL FASCIA 17 CLEAf3 GLASS 21 TRANSLUCENT PANEL 2 LIME WASH FINISH EXTERIOR PLASTER 6 BRICK VENEER o STOREFRONT SYSTEM 14 EXTERIOR LIGHT FIXTURE 18 METAL CANOPY 22 ROMAN TILE ROOF 3 EPg TRIM WI EXTERIOR PLASTER 7 DECORATIVE PRE-CAST CONCRETE 11 DECORATIVE METAL RAILING 15 WOOD CASED WINDOWS 19 BLADE SIGNAGE 23 4 ROUGH STONE VENEER 8 WOOD BRISE-SOLEIUSHUTTER 12 PRE-FINISHED METAL PANEL 16 SPANDREL GLASS 20 TENANT SIGNAGE 24 - - - -- t - VALLe 0 FASHION PARK -ROSE BOWL SITE ROSE BOWL NORTH ELEVATION I !11 ...... "nINO, Ç"LI~O"""" -.!;) SHEET i I [hNDMARK M~ 14 -,.-- ,. E' 00' --.... Perkowifz+ Ruth '.'»' A.k(HITECT '0' P\azA,'uitelOO,N.wp,,,,e.,.çh,CA92660 -¡YI i¿) ~9(J. 1562]6; "eo ~ 852.85OQlos V"9'~ t(V P031390.Q400W.,h;09tol1.DC 1:;O~1478.9900 ",m.od. Oft ~·~rçM.ctHU", .,. :!'I ,~~ (N I' 1~ /':~ :j~ }1 7 2 - / / ~ 0~lhF1R +2n'.q,' 04tl~1'1 ~t :t +212'-0" J',.,,' ~/ +202"f"/"; ~ hWC( "7.i\ \ MATERIAL LEGEND 1 SMOOTH FINISH EXTERIOR PlASTER 5 SMOOTH STONE VENEER 9 FABRIC AWNING 13 DECORATIVE METAl FASCIA 17 CLEAR GLASS 21 TRANSLUCENT PANEL 2 LIME WASH FINISH EXTERIOR PlASTER 6 BRICK'VENEER 10 STOREFRONT SYSTEM 14 EXTERIOR LIGHT FIXTURE 19 METAL CANOPy 22 ROMAN TILE ROOF 3 EPS TRIM WI EXTERIOR PLASlER 7 DECORATIVE PRE-CAST CONCRETE 11DECORATIVfMETALRAIUNG 15 WOOD CASED WINDOWS 19 BLAOE SIGNAGE 23 4 ROUGH STONE VENEER 6 WOOD BRISE-SOLEIUSHUTTER 12 PRE-FINISHED METAL PANEL 16 SPANDREL GlASS 20 TENANT SIGNAGE 24 ROSe: !6'{)'YiL.5IQ;:~lJIiTt!I iE1L'lEV_A,JrfriOf'lI ~HUEIE1T '7 15031 478.9900 Portl."d. OR pr.",hit~, ... ROSE BOWL SITE LANDMARK ;.m:¡¡¡¡¡¡¡; -..--- --..... 01 :!~".J [56l)6Z8,8000 long B...<hCA !7028S2_8500l~Veg.,.NV !70J] 39<J.0400W,,-'h;oçlen.'X PARK FASHION VALLCO 8~iI-,h. CAg2660 SuilelOO, ~''''pot1 C"'rO'ð\~Plð1ð, --- Ì' ~ o 0' 30' 60' Perkowitz + Ruth ARC I' I T ~ C f BARRIE D. cùATE and ASSOCIATES Horticutural Consultants 23535 SummítRoad Los: Gatos, CA 95033 4081353-1052 EXHIBIT C AN UNDERST MTDING OF NECESSARY TREE REMOVAL AT THE ROSE BOWL V ALLCO SHOPPING CENTER, CUPERTINO Prepared at the request of: Ciddy Wordell City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Prepared by: Barrie D. Coate, ASCA Consulting Arborist February 11,2004 Job# 06-04-104-05 r1"·::-~--,-<~,_ : 1·( H!''\I'.' -I:;".;:;ê;~"·-" ! ~ . - .., \. 1- !J I ! , , ~.,C'~-" r· , I .. :..::! ¿" J "I I ; .....; I 1m: i ~'~~~-~---_.--1 II;;}.! TREE REMOVAL AT THE ROSE BOWL, V ALLCO SHOPPING CENTER, CUPERTINO Assignment On February 11,2005, Ciddy Wordell and I met with representatives ofthe Vallco Shopping Center, the Architects Office, and the Cupertino Fire Department to discuss the conflict between the inner row of Evergreen Ash trees (Fraxinus uhdei) west of the Rose Bowl site and the space needs of the Fire Department, the southern entry road from Wolfe Road and the City Councils expressed desire to only remove trees in ill health. Summary We agreed, 1 believe, that in order to allow adequate access by fire trucks to the west side of the new building, that it will be necessary to remove trees #104, 107, 110, 111 and 115. Tree #153 would have to be removed from the outer row of trees closest to Wolfe Road to provide access to the south portion of the project, and to allow fire trucks access. This would leave trees #106,108, 109, 112, 113 and 114, in the inner row of trees, which should provide an ambience of a double of trees as desired. Discussion Soil cuts closer than 5 times the trunk diameter, (if cuts are on one quadrant of the root zone) of a preserved tree must be avoided. If it is necessary/desirable to raise the soil grade above existing grade over the roots of trees in the inner rowand/or outer row of trees, and the soil used is reasonably well drained, these Ash would benefit from that procedure. It should be clearly understood that the construction activity which would include soil cuts, or compression of soil over root systems of any of the trees in the inner row which are retained will subject them to severe stress during even the most sympathetic adj acent construction, and gradual decline of some of them during the years following construction should not be a surprise. PREPARED BY BARRIE D. COATE, CONSULTING ARBORlST FEBRUARY 11,2005 II-??- TREE REMOVAL AT THE ROSE BOWL, V ALLCO SHOPPING CENTER, CUPERTINO 2 Respectfully submitted, ~,f)~ Barrie D. Coate BDC/phlg Enclosures: Assumptions and Limiting Conditions Pictures MaplRemoval Plan PREPARED BY BARRJE D. COATE, CONSULTING ARBORlST FEBRUARY 11,2005 //-;2 3 TREE REMOV AL AT THE ROSE BOWL, V ALLCO SHOPPING CENTER, CUPERTINO ,- - - <, -~_/ 1. The root collar of Tree #107 is elevated so far above the surrounding soil that any excavations within 10' of it's trunk would make it unstable. 2. Tree #153 in the outside row, beside. Wolfe Road, would have to be removed to provide access to the project and for fire truck access. PREPARED BY BARRIE D. COATE, CONSULTING ARBORIST FEBRUARY 11,2005 1I~;2r- TREE REMOVAL AT THE ROSE BOWL, V ALLCO SHOPPING CENTER, CUPERTINO 4. Fortunately, this is the poorest specimen of this row of trees. PREPARED BY BARRIE D. COATE, CONSULTING ARBORIST 3. Tree #153 in the outer row, beside Wolfe Road, would have to be removed to provide access to the project and for fire truck access. -<. i1ír\~. ~. FEBRUARY 11, 2005 J f -;6 INNEK ROW OF ASH TREES WEST OF V ALLCO P ARKW A Y 1. Tree #107 .. ~ ;~~.¿~~ .: 3. Tree #109 , .\. , ·l"· ,r~ ~' .,,',,:,',,\ -ì' . <:1. JtP , /' 4~1t~1:; ~ " cd:. ;,/,' . , t.t¿, ~ ~. 2. Tree #108 4. Tree#110 PREPARED BY BARRIE D. COATE, CONSULTING ARBORIST FEBRUARY 11,2005 11~;;2{P INNER ROW OF ASH TREES WEST OF VALLCO PARKWAY 'e;fþß~'\" ':',"~:.~; :~-_:.;.-,,,<,,~~ '~'" ...., I ." 0>'- "'¡éì' '-':~:,. .,Jf ,Þ-¡"). .'" .~. ¿ ~:"~::~1~;<~~, .-: .~ "",~;,.. ,l:7';~~ . 5. Tree #111 7. Tree #113 PREPARED BY BARRIE D. COATE, CONSULTING ARBORIST 6. Pine Tree #112 (now removed) 8. Tree #114 FEBRUARY 11,2005 11-;;21 1NNBRROW OF ASH TREES WEST OF VALLCOl'ARKWAY 9. Trees 114 - 107 PREPARED BY BARRIE D. COATE, CONSULTING ARBORIST FEBRUARY 1 I, 2005 /1- ;;¡g BARRIE D. COAL and ASSOCIATES Horticutural Consultants 23535 Summit Road Los Gatos. CA 95033 4081353-1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser!consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 a.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. df~ ¿;. ~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant /1-;;;9 OUTE~ROW OF EXI TING TREES TREMAIN '--- /' o < o " w c -" o ~ "- £ TREES RELOCATED --¡ ~ 129 DUE TO GRADING / ~ 1Jì~131 (0 128Î'Jrh\2,5 C7. F?~ ~I ',-', 13:J.,\,bf,:oo. " ,-'1·. " 121 . -, (. ~ . \J31~".:..X~.£..__~"'~~-L)~' 126 .J:::l 1211 12}"'_~'-',; \ (''-,'118 ]] (>¡< '-'134 --=~..-. .-,---.-..-..----..-..;..,...-..i----.._.__..~,..------" 'rI I. } d.,......_-" -'...,-- 35 . .~' ¡' ¡' 11 ~ ,...~".... 1:1 35, 66 SERVICEDRIVE ....~ /" " "',r ;- "-:0 ,...... 13" . . r 'J9' (. . . .' '. oS - (' "'--I "- '31_32~34 '!:/ ~ ~ , \ "- ~: \. 120 ~: ,,137 "I ' ~ . ,21 Þi~: r', " ~2 " . , \. ,17 (. I 137.~:.....,J 1'16,23 . I· ~ ... "".... ,I ¡ - \15 138' ), : . ,\14 ~¡ I 12.':~(:113 . 1'1' "'.... ~,'-.. . .,J " ........... I {'. 1 (·1, _ .... 2/ \............r/ "', 85"'-~ -.137 I ....89, l I '\ \ eo \ 8~, / ~f.~7v' (D ~~t . , ( . ',- 3 '-.9..1, ..r""...." Í - " f' \ Q8' > f i30 ", ................ , . \ I. ) I 55 '\ 291 1 47\· '.. 1 , . \ " \ - \ Ir;:LLEX1STJNGTREES&SH~11fl_6 ...."'i 28¡ ~ ~PARKJNGLOTREMO~~ ,145 6,-" ;;.::.'" " ? .-- , 4'1 l"'\l) T I . i I. ') 24'>\~5-""f7 Ù<.J u 69_ '"'\...............-.....,70, 67j8<. 728 ,c.........."......"" L .. .. 'j '7;¡-7Y 7~·:', "';"76 ('77 <) 0Ð 79 78 61 ¡ ,',,_,,64 65 I . ~ . . \ 6C>:/6263-'o r:~59 ~ :'./58 "._......I')Î""1 1~1 , . 50 j 63. . '. 5il , . / 't':ï9..... 49 ,- \ ' ~ . )38 ,/ 57 39",;\~ '\,lr~2 f '- r, ~ ., l .. J ',,1...,,1 ............. =- ~ AnImenilryOlTÆ!e$AtTheVaIcoPatkØ1gCeruerProecl ~ BARRIE D. COATE AlTheSoutoeasIComerOlVallcoExpresswayAndWoIJeRoad ~ and ASSOCIATES (400)353-11152 Prepared for: 23n!!_.n.... LoIGU,C49scœ City of Cupertino, Planning Department HORTICULTURAl CONSULTANT Date: June 29,2004 CONSULTING ARBORIST Job # 00-04-104 PARKWAY VALLCO PROPOSED EXISTING TREE TO REMAIN PI{!WUSJ:l1tXlsrl:\'(j IREI'RF\10VAL o ,', t...:J o (..., -- --. ....... \ W °ffi Tree numbers correspond 10 evaluation charts All dimensions and Iree locations _ areapproximale. FASHION PARK CUPER~'N". {CAUtOR'" VALLCO ROSE BOWL TREE REMOVAL PLAN SHEET 12 ,,,.,,", '" ""to."" .. , c ,h" ~". to' ~ ,Y" L~~ht~K MANN>F,¡e.,,- ~~:: P'J2! , , ,~ , ,;.,.,. 0' w '00' Perkowitz + Ruth A ~ <: H , ~ ~. l 1 1\ (,,' " rl»,,_ ;:0"" ,'U(;. :'c'-'r~" "'.;(0. (A ~,h~ // EXHIBIT D // r" t-H ---- A . "'1 I n l I I " I I ( ,. ¡ , - I 172 PARKING STALLS SEfSECTION SI1EET(1O) 0202' C JL [ - - I - - , - ~ - ) n - ~ -- -- . VJ - EB VALLCO FASHION PARK-ROSE BOWL SITE ROSE BOWL THIRD FLOOR PLAN CUPERTINO. CALIFORNIA ii.l"\.l"---. LANDMARK SHEET ~ 08 ,. " '00' -- --- Perkowitz + Ruth ,...,",".... '''''0"'.'' ... R CHI T £ C T (o''''''ð'~Pið'',\o;,.lOO_NewM,'ae.chCA9¡~W ,. IIIBY'," 156./16ISBOOOLonQ6"""nCA 170.21 B5/SSOOl..V<ga.. NV 0400W.,h;og,on.D( 1503J4/B.9g00Poflj.nd,OR _w_µr."h;lect, ~J_'.8. 'fi t-:'\~ I ...~ Ii ,~ /> ,,;>---'" ~_J . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 F CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM /';)... AGENDA DATE March 15.2005 SUBJECT AND ISSUE Reject all bids for Blackberry Farm Golf Course Maintenance, Project No.2005-01 and authorize staff to evaluate the bid requirements and re-bid the project. Authorize the Director of Public Works to negotiate and execute a change order for a 2 month extension to the current contract with Professional Turf Management to ensure continuity for maintenance of the golf course in an amount not to exceed $ 35,000.00. BACKGROUND The maintenance of Blackberry Farm Golf Course has been contracted since March of 2002. The current contract is held by Professional Turf Maintenance. This project has reached the maximum tenn with renewal of the agreement and therefore was put out to competitive bid. The bid provides for a price for a one year project (estimated cost $180,000) with the City's option to renew for up to 2 one-year extensions, each with a CIP adjustment. The following is a summary of bids received for the referenced project: Bidder Jensen Landscape Service Inc City Cost Estimate Professional Turf Maintenance Base Bid $ 161,496.00 $ 180,000.00 $ 186,000.00 As noted above, Jensen Landscape Service Inc. was the apparent low bidder. However, after careful review by staff of the bid documents and the statement of qualifications it has been deemed that Jensen Landscape Service Inc. bid is non-responsive due to the lack of required experience in maintaining golf courses, which requires that a prospective bidder have at least three golf course maintenance projects in the last 5 years. They have had no apparent experience in golf course maintenance. The next lowest and only other bidder was Professional Turf Management. The City reviewed the statement of qualifications for Professional Turf Management. However, again, after careful review, it has been deemed that Professional Turf Management was also non-responsive and therefore disqualified due to the lack of having 3 contracts at or above $150,000 in the last 5 years. They had only 2 qualifying projects. It should be noted that this finn is currently maintaining Blackberry farm under a contract approved in March of 2002. The reason they did /óJ.-/ Printed on Recycled Paper not meet the CUlTent qualifications is that the cUlTent bid was prepared under provisions of the City's Responsible Contracting Policy, which was not approved until April of 2003. Therefore the earlier contract did not require a separate statement of Qualifications as now required under the new policy. However, upon rebidding the project, staff will review the portion of the bid with respect to the qualifying experience and make appropriate adjustments if necessary. The City's policy allows this review and adjustment for qualifications since it does not affect the basic intent of the policy nor the specifics of the policy, which have to do with prevailing wage and other such violations. Due to the current contract tenn ending on March 31, 2005 the it is proposed that the Council authorize the Director of Public Works to negotiate a change order to extend the current contract tenn for an additional 2 month in an amount not to exceed $3,000.00 in order to maintain continuity of the maintenance activities for the golf course while the project is re-bid. FISCAL IMPACT An additional expenditure of up to $35,000.00 will be required for the extension of the current contract. Funds are available in the budgeted Blackberry Golf Course Fund, Acct # 560-9940- 7014 STAFF RECOMMENDATION Reject all bids for Blackberry Farm Golf Course Maintenance, Project No.2005-0I and authorize staff to evaluate the bid requirements and re-bid the project. Authorize the Director of Public Works to negotiate and execute a change order for a 2 month extension to the current contract with Professional Turf Management to ensure continuity for maintenance ofthe golf course in an amount not to exceed $35,000.00. èi_bY ~~.., ~Ralph A. Qualls, Jr. Director of Public Works Submitted by: --.~~ Therese Smith Director of Parks & Recreation Attest as to bids received: Approved for submission: ~. ~ David W. Knapp City Manager 1 Kimberly Smith City Clerk / J.-¡;). I F CUPEIQ1NO ,ml,. .~~J City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. /3 Meeting Date: April 5, 2004 SUBJECT AND ISSUE Accept the 2003-04 Management Letter rrom City Auditors, Maze and Associates. BACKGROUND Each year in conjunction with the annual audit, Maze and Associates provides the Audit Committee with a report (management letter) documenting suggestions for internal controls and procedures within the City. The report is attached for your consideration and addresses the following areas: :» Budget projections show that the City's operating and recurring revenues are insufficient to fund the operating and recurring expenditures. These annual operating deficits, if not eliminated, will eventually deplete the General Fund balance. The auditors encourage the City to continue to look for ways to balance the budget via revenue enhancements and/or expenditure reductions. :» Receipt of both late and corrected timesheets was noted in conjunction with part-time recreation employees. The auditors recommend that the Finance Department work with Parks and Recreation to ensure timely and accurate timesheet submissions. :» GASB #45 will require the accounting, funding, and disclosure of post-employment retirement benefits (retiree medical). The City has already perfonned an actuarial study on this obligation and has provided funding for fiscal year 2003-04. :» GASB #40 requires additional disclosures in the financial statements for deposits and investments effective for fiscal year 2004-05. The Finance Department will ensure that these disclosures are included in next year's financial statements. The above recommendations were reviewed with the Audit Committee at their January 19 meeting. It was noted that no material weaknesses were found during the audit. /3-/ Printed on Recycled Paper RECOMMENDAl'ION: Accept the 2003-04 Management Letter. Submitted by: Approved for submission: ~.()~ Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager /3-:;;' CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL STRUCTURE FOR THE YEAR ENDED JUNE 30, 2004 /3-3 AA AlE & · ." ASSOCIA TES October I, 2004 ACCOUNTANCY CORPORATION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902' FAX (925) 930-0135 E-Mail: maze@mazeassociates.com Website: www.mazeassociates.com To the City Council of the City of Cupertino, California Under generally accepted auditing standards in the United States of America, auditors are encouraged to report various matters concerning an entity's internal control structure noted during an audit, and are required to report certain of those matters. Matters that are required to be reported are significant deficiencies in the design or the operation of the internal control structure that, in the auditor's judgment, could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. As part of our audit of the financial statements of the City of Cupertino for the year ended June 30, 2004, we considered the City's internal control structure in determining the scope of our audit procedures for the purpose of rendering an opinion on the financial statements. While our purpose was not to provide assurances on the internal control structure, certain matters came to our attention that we want to report to you. These matters, along with our recommendations, are described in the accompanying memorandum. A material weakness is a significant deficiency in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be significant deficiencies and, accordingly, would not necessarily disclose all significant deficiencies that are also considered to be material weaknesses as defined above. However, none of the matters described in the accompanying memorandum is believed to be a material weakness. The accompanying memorandum on intemal control structure is intended solely for the use of management and the City Council. This restriction is not intended to limit the distribution of this letter and the accompanying memorandum which, upon acceptance by the City Council, are a matter of public record. To the extent that the City Council intends to rely upon this letter and the accompanying memorandum, such reliance should take into account the limited basis on which our recommendations were developed, as described above, and the limitations inherent in the internal control structure. In addition, the City Council should understand that the criteria used by us in considering the internal control structure could differ significantly from the criteria the City Council may be using for its purpose. We wish to express our appreciation for the courtesies and cooperation extended to our representatives during the course of their work. We would be pleased to discuss these recommendations in greater detail or otherwise assist in their implementation. Very truly yours, ~~~~ 13~1 A Professional Corporation 1 CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL STRUCTURE For The Year Ended June 30, 2004 Lone-term Financial Proiections We read budget projections prepared by staff covering the next few years, which report deficit spending in each year. Total available funds will plummet from the beginning balance of $13.8 million in fiscal 02-03 to $2.5 million at the end of fiscal 2008-09. The average annual deficit from operating activities is $2 million or 7% of total general fund expenditures. This annual deficit is expected to be paid with non- recurring revenues including proceeds from the sale of property amounting to $5 million and $2 million from other non-recurring revenues. The projection shows that the City's operating and recurring revenues are insufficient to fund the operating and recurring expenditures. These annual operating deficits, if not eliminated, will eventually deplete the City's fund balances. We understand this issue has been communicated to Council and is under consideration. We encourage the City to continue to look for ways to balance recurring and operating revenues and recurring and operating expenditures. Payroll We selected 25 employees for payroll tests. We tested the March 2004 pay periods for accuracy of pay and proper documentation. Issues from our tests are noted below: Late Timesheets: From our selections, we noted that two part-time individuals were being paid in one period for time worked in another. One individual was paid for 37.5 hours while her time sheet for this pay period only reflected 21 hours. Another individual was paid for 33 hours when he had only worked 30.5 hours according to his timesheet. We discussed the issue with the Payroll Clerk and were informed both employees were being paid for hours worked in the prior pay period due to late submission of timesheets. Because of our small sample size we inquired about late timesheet submissions and were informed that this occurs "often" for part-time employees. Timesheet Corrections: Based on our conversation with staff, we were informed that approximately once per pay period a Recreation Supervisor will call in to state that the part time employee did not work all of the hours listed on the timesheet. Staff stated that there are approximately 80 part-time employees. Our sample did not include any such instances. This low occurrence level does not require audit follow-up. However, we wish to report this information for your consideration. There may be other unreported occurrences where hours are being reported which are not being worked. We do not understand why corrections are coming in after the fact. We believe these corrections should be dealt with prior to the approval of the timesheet. / '3-5 ? CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL STRUCTURE For The Year Ended June 30, 2004 New Accountin!! Standards for Other Post Emplovment Benefits (OPEB) Governmental Accounting Standards Board Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, addresses how state and local governments account for and report postemp10yment healthcare and other nonpension benefits. The statement generally requires that state and local governmental employers account for and report the annual cost of OPEB and the outstanding obligations and commitments related to OPEB in essentially the same manner as they currently do for pensions. To comply with these new rules, which take affect in fiscal 2008-09 for Cupertino, the City must determine the actuarial accrued liability (future obligation) to pay for OPEB. An actuarially based funding plan will need to be determined to ensure the City accumulates funds to pay for these obligations. So long as the City sets aside funds using this basis, there will be no impact on the City's financial statements. Although there are several years before these new rules take effect, GASB 45 requirements will change the way costs are recognized for OPEB. We understand the City had an actuarial study performed this year for the costs of these benefits. The study should be reviewed to determine if it complies with the actuarial assumptions and methods specified in Statement 45. Provided the study is GASB 45 compliant, the City should begin to incorporate the funding of these benefits into its budgets and long-term projections. New Cash and Investment Disclosures for Next Year The Governmental Accounting Standards Board has issued Statement #40, Devosit and Investment Risk Disclosures - an amendment of GASB Statement No.3 which is effective for fiscal 2004-2005. These new rules change cash and investment disclosures for municipalities and require the presentation of new data. Although the rules do not take effect until next year, we have included a summary here for your use in the coming year to ensure needed data will be ready. A summary of changes are presented below: . Cash in Financial Institutions - Under the current rules, the City's cash is required to be allocated and disclosed under 3 categories differentiating the degree of custodial risk. Under the new rules, only those cash balances falling into the highest degree of custodial risk (uninsured and un categorized cash) need to be disclosed. These reduced disclosures will not require a change in what has been assembled in past years. . Investment Custodial Risk - Under the current rules, the City's investments are required to be allocated and disclosed under 3 categories differentiating the degree of custodial risk. Under the new rules, only those investments falling into the highest degree of custodial risk (uninsured and unregistered cash) need to be disclosed. 1'3-(P 3 CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL STRUCTURE For The Year Ended June 30, 2004 · Concentrations of Credit Risks - The City will need to assemble information about the concentration of credit risks associated with it's investments. For investments in anyone issuer that represent 5 percent or more of total investments the City is required to disclose the aggregate amount and issuer name. Investments issued or explicitly guaranteed by the U.S. government and investments in mutual funds, external investment pools, and other pooled investments are excluded from this requirement. · Credit Risk Quality - The City will need to disclose the credit quality ratings of investments in debt securities as of year-end. Investments of the same type and rating may be aggregated for this purpose. Unless there is information to the contrary, obligations of the U.S. government or obligations explicitly guaranteed by the U.S. government are not considered to have credit risk and do not require disclosure of credit quality. Governments should disclose the credit quality ratings of external investment pools, money market funds, bond mutual funds, and other pooled investments of fixed- income securities in which they invest. If a credit quality disclosure is required and the investment is unrated, the disclosure should indicate that fact. · Interest Rate Risk- The City will need to disclose information about the interest rate risk of their debt investments by using one of several disclosure methods. The City will also need to disclose the terms of investments with fair values that are highly sensitive to changes in interest rates. The City is encouraged to use the method that is consistent with the method it uses to manage interest rate risk. Methods suggested include segmented time distributions, the specific identification method, weighted average maturity, duration and simulation models. Governments with investments in mutual funds, external investment pools, or other pooled investments that do not meet the definition of a 2a7-like pool should disclose interest rate risk information according to one of the methods above. · Policy Disclosures - If a government has an exposure to a concentration of credit risk, an investment policy disclosure regarding concentration of credit risk is required, or if a government has an investment denominated in a foreign currency, an investment policy disclosure regarding foreign investments is required. If a government has no deposit or investment policy that addresses a specific type of risk that it is exposed to, the disclosure should indicate that fact. · Investments Sensitive to Interest Rate Change - GASB #40 requires certain disclosures for investment fair values that are highly sensitive to changes in interest rates. Although seemingly a simple issue, this can be in fact difficult to determine as some investments may have hidden derivative features. The City will need to closely examine its investments with fiscal agents to determine if any investment fits the above requirements. · Foreign Currency Risk - A City's deposits or investments exposed to foreign currency risk should disclose the U.S. dollar balances of such deposits or investments, organized by currency denomination and, if applicable, investment type. /3,7 4 Response to Memorandum on Internal Control Structure For the Year Ended June 30, 2004 Long- Tenn Financial Proiections: The City concurs and will continue to discuss strategies to balance recurring and operating revenues and expenditures. Payroll: Late Timesheets/Timesheet Corrections: The City concurs and will work with the Parks and Recreation Department to ensure that part- time employees remit timely and accurate timesheets. New Accounting Standards for Other Post Employment Benefits (OPEB): The City is familiar with GASB 45 and in fiscal year 2003/04 contracted for an actuarial study for retiree medical insurance. The City has recorded the annual obligation as a General Fund Reserve in the amount of $1.15 million dollars. New Cash and Investment Disclosures for Next Year The City will familiarize itself with GASB #40 and implement the statement in fiscal year 2004/05. ¡g~g ORDINANCE NO. 1960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING CHAPTER 20.02 OF THE CUPERTINO MUNICIPAL CODE REGARDING GENERAL PLANS THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: I. Amendment The City Council of the City of Cupertino hereby repeals Chapter 20.02 of the Cupertino Municipal Code in its entirety. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Goverrnnent Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 1 st of March 2005, and ENACTED at a regular meeting of the City Council ofthe City of Cupertino this _ day of 2005 by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: Mayor, City of Cupertino City Clerk /4-/ OFFICE OF THE CITY ATTORNEY 20410 Town Center Lane, Suite 2\ 0 Cupertino, CA 95014-3255 Telephone: (408) 777-3403 FAX: (408) 777-340\ CITY OF CUPElQ1NO Charles T. Kilian, City Attorney Eileen H. Murray, Assistant City Attomey March 15, 2005 Honorable Mayor and Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Mailed Ballot Elections Dear Mayor and City Council: Mayor Kwok has requested an opinion regarding the availability of a mailed ballot election regarding the three initiative petitions which are currently scheduled for a traditional election in November, 2005. The conditions under which a mailed ballot election may be conducted are set forth in California Elections Code Sections 4000 et seq. Section 4000 provides that any local, special or consolidated election may be conducted wholly by mail provided that all of the following conditions apply: 1) The governing body of the local agency authorizes the use of mailed ballots for the elections. 2) The election is held on an established mailed ballot election date pursuant to Elections Code 15000. 3) The election is one of the following: a) An election where no more than 1000 registered voters are eligible to participate. 15-/ Printed on Recycled Paper The Honorable Mayor and Members of the City Council March 2, 2005 Page 2 b) A maximum property tax rate election, as provided for in Cal. Revenue & Tax Code §2287. c) An election on a measure or measures restricted to the imposition of special taxes, expenditure limitation override, or both, in a city or other agency with 5000 or less registered voters. d) An election or assessment ballot proceedina reauired or authorized bv Proposition 218. For example, the Santa Clara County Library JPA has scheduled a mailed ballot election to consider the enactment of a special parcel tax pursuant to the Mello-Roos Community Facilities Act. This type of mailed ballot election is conducted pursuant to the provisions of Proposition 218 and is therefore authorized under sub-paragraph (d) described above, as well as special provisions of the Mello-Roos Act. On the other hand, the initiative petitions, which seek general plan amendments, do not meet any of the criteria contained in sub-paragraph 3 above. Therefore, a mailed ballot election regarding these measures would not be valid under Elections Code §4000. Section 4004 of the Elections Code authorizes a "small city" (defined as a city with a population of 100,000 or less) to conduct an all mail ballot election, subject to the following conditions: 1) The City Council of a small city authorizes the use of the mailed ballot for the election. 2) The election is a soecial election to fill a vacancv on the city council. 3) The election is not held on the same date as a statewide primary or general election. 4) The election is not consolidated with any other election. 5) The return of the voted mailed ballots is subject to the same rules that apply to absentee ballots as set forth in Cal. Elections Code §3017. Since the initiative petitions do not involve the filling of a council vacancy, one of the required conditions provided for in Elections Code §4004 is not met. Therefore §4004 furnishes no legal basis justifying a mailed ballot election. A subsidiary question raised by Mayor Kwok is whether a mailed ballot election would be allowed for requests for amendments to the general plan /5~ ;;L The Honorable Mayor and Members of the City Council March 2, 2005 Page 3 should any or all initiatives pass. Since the general election law does not authorize general plan amendment ballot measures to be conducted by mail (see above), mailed ballot elections would be unavailable for this purpose. I will be happy to answer any questions you may have. Sincerely, ~ Charles T. Kilian City Attorney CTKldjb cc: Dave Knapp 15~3